59°F
weather icon Clear

Court to consider severance packages

The newest complaint filed in Nevada’s Eighth District Court by two former employees accuses the city of violating their contracts and state law by not yet paying them their severance packages.

In their second amended complaint, filed Nov. 18, former city attorney Steve Morris and former city manager Al Noyola claim their employment contracts were breached because neither has received the severance packages outlined in them.

They also accused the city of violating Nevada Revised Statute 608.20 that says “whenever an employer discharges an employee, the wages and compensation earned and unpaid at the time of such discharge shall become due and payable immediately.”

Morris and Noyola were fired Oct. 13 “for cause” in a 4-1 vote by City Council. Their contracts stipulate if they leave for any reason other than “voluntarily” resigning, violating a material term of the contract or being convicted of a gross misdemeanor or felony, each will be paid a severance package of nine months of salary paid in a lump sum that also includes 100 percent of the city’s contributions to the Public Employees Retirement System, group insurance benefit, cellular phone and auto allowance, and full amount of any accrued paid time off.

Noyola’s payout would total $234,613.97, and Morris’ payout would be $259,458.15.

“Because Plaintiffs have made the issue of severance the subject of litigation, the city cannot comment on the issue,” said Acting City Attorney Brittany Walker in an email statement. “The city will continue to vigorously defend itself and its elected officials against the claims asserted by Mr. Morris and Mr. Noyola in the second amended complaint.”

Additionally, Morris and Noyola say their employment contracts were breached because they were fired within six months before a City Council election. Both contracts say they cannot be let go six months before or six months after an election.

The next council election is the April 6 primary, less than six months after Oct. 13.

A hearing for this complaint has yet to be set.

These new accusations stem from a complaint filed Aug. 3 by Morris and Noyola. In it, they allege a special meeting scheduled for Aug. 6 to discuss terminating their employment contracts was because they substantiated allegations against Mayor Kiernan McManus, who has been accused by city employees of “religious discrimination, harassment, bullying and creating a hostile work environment.”

On Aug. 25, they filed an amended complaint accusing the mayor and City Council of four open meeting law violations. Those claims were dismissed Nov. 19.

When this complaint was filed, Morris was still city attorney and the City Council hired Bailey Kennedy to represent it. Currently, the city has paid $157,421.63 to the Las Vegas law firm for bills from August, September and October.

Second Amended Complaint by Boulder City Review on Scribd

Contact reporter Celia Shortt Goodyear at cgoodyear@bouldercityreview.com or at 702-586-9401. Follow her on Twitter @csgoodyear.

MOST READ
LISTEN TO THE TOP FIVE HERE
THE LATEST
Council looks ahead at five-year improvement projects

One of the parts of any city’s annual budget that is of the utmost interest to many of its residents are capital projects. That’s because these projects are things that their citizens can see, use, and appreciate.

Lady Eagles fall below .500 on the season

Dropping three games this past week, Boulder City High School girls basketball fell to 8-9 on the season.

BCHS names new head football coach

The Boulder City High School football team will have a new head coach leading the Eagles onto the field in the fall. While he’s new to the position, he’s not new to the team.

New preliminary hearing scheduled for Sylvanie

A preliminary hearing was continued Tuesday in the case of a Boulder City man accused of downloading child sexual abuse images.

PD releases name of Boulder City shooting suspect

Last week, following the arrest of a shooting suspect, the city put out a press release regarding the incident, but the suspect’s name was not released at that time.

City to host historic preservation open house

There’s no denying that Boulder City’s history is one of the most colorful and rich of any town or city in Nevada.

Harmony Handbells returning to BC Jan. 10

This year’s Harmony Handbells concert will be held this Saturday at the Boulder City Parks and Recreation complex.

Public invited to BC State of the City address

It’s almost that time of the year when Mayor Joe Hardy does a little of both looking back and ahead as part of his annual State of the City address.

Woman arrested in ride-share shooting

A woman faces six charges after an Uber driver says she shot at him.