74°F
weather icon Clear

No settlement reached: Time for ex-employees to accept offers passes with no response

A settlement has not been reached in the court case involving Boulder City and two former employees.

In June, City Council approved monetary offers for former City Attorney Steve Morris and former City Manager Al Noyola in their case accusing the city, Mayor Kiernan McManus and Councilwoman Tracy Folda of violating the open meeting law and breaching a covenant of good faith and fair dealing when they were fired in October.

The offer for Morris was $270,000, inclusive of attorney fees, costs, expenses and interest. Noyola’s offer was for $290,000. Once sent to their attorneys, Morris and Noyola had 14 days to accept them.

“Mr. Noyola and Mr. Morris did not respond to the offers of judgment and the time to accept them has expired,” said City Attorney Brittany Walker. “Accordingly, no settlement has been reached.”

“Mr. Noyola is always open to reasonable discussions to reach a mutually agreeable settlement,” said Jeffrey F. Barr, his attorney.

Morris and Noyola were fired Oct. 13 “for cause” in a 4-1 vote by City Council.

Their contracts stipulate if they left for any reason other than “voluntarily” resigning, violating a material term of the contract or being convicted of a gross misdemeanor or felony, each would receive 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. They have not been paid any of that money.

In addition to settlements or severance packages that may be paid, the city has already spent $297,763.14 on legal fees to Las Vegas law firm Bailey Kennedy, which was hired Aug. 12 to help represent it in this case, according to Walker.

Walker said that in late 2020, the city also retained the law firm of Litchfield Cavo through Pool Pact to serve as co-counsel. That representation is part of the city’s Pool Pact insurance policy.

Morris and Noyola’s complaint was filed in Nevada’s Eighth District Court. Recently, Judge Jessica K. Peterson stayed all of its claims until the Nevada Supreme Court decides on the appeals.

On May 8, she awarded the city, McManus and Folda $81,888.42 in attorney fees and costs. There is a hearing scheduled for July 27 to reconsider the amount of fees awarded to the city; it was requested by the city.

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
Feds take over Sylvanie case

The case against Boulder City’s Terry Sylvanie took a turn last month when a federal grand jury indicted him on charges of distributing and possessing child sexual abuse images.

CCSD receives more input on master plan

More than 50 parents, educators and interested residents met for round two of discussion regarding Clark County School District’s preliminary draft options for its Facility Master Plan.

Jammin’ at the Jamboree

A member of the Flippenout Trampoline team appears to be walking on air, much to the delight of the crowd.

Eagles finish league play undefeated

Looking to reclaim the 3A state title, Boulder City High School boys volleyball completed their first step, finishing league play with an undefeated record after beating rival Moapa Valley 3-1 on April 29.

Track teams head to regionals Friday

Hosting a small-school invitational on May 1, Boulder City High School girls track and field finished second out of 13 programs, while the boys finished sixth out of 13 schools.

Softball ends regular season by defeating Moapa Valley

Rising to the occasion, Boulder City High School softball defeated rival Moapa Valley 7-3 April 30 to finish the regular season on a high note.

BCHS band performs in Disneyland

There are performances, and then there are moments that become part of the magic.