69°F
weather icon Mostly Clear

City files motion to dismiss open meeting law violation claims

A new motion to dismiss some of the claims in an Eighth District Court case against the city has been filed, and a hearing is scheduled for 9 a.m. Nov. 5.

It stems from a complaint filed Aug. 3 by City Attorney Steve Morris and City Manager Al Noyola alleging 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 several open meeting law violations.

The new motion, filed Monday by Bailey Kennedy, the Las Vegas law firm representing the city, seeks to dismiss four claims from the amended complaint. Those claims are: that the open meeting law was violated with the notice given for the Aug. 6 special meeting; that it was also violated with email communications Aug. 5-6; that it was also violated with a quorum of council members talking to prospective counsel before it was hired by the city; and that an implied covenant of good and fair dealing was breached.

It claims that Morris and Noyola have failed to demonstrate any violation of Nevada’s open meeting law and that the Aug. 25 complaint “must be dismissed.” The motion also asserts that they failed to show the damages that resulted in an alleged breach of an implied covenant of good faith and fair dealing.

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
Truancy program deemed a big success

It’s an issue that plagues many schools – both big and small – these days. That being truancy.

A New Chapter Begins

Photos by Ron Eland/Boulder City Review

Zwahlen earns 3A player of the year

Helping guide Boulder City High School boys volleyball back to the 3A state title, senior David Zwahlen was named 3A player of the year.

Five Lady Eagles win awards

Helping Boulder City High School softball reach the postseason, five Eagles received postseason accolades.

Barbecue at its Best

Vehicles of all ages filled the park both days of the festival.

Woman found dead in Boulder City home was killed

The announcement came a day after the coroner’s office said a man who was also found dead in the house died from suicide. The Boulder City Police Department have not said publicly if the two deaths have been ruled a murder-suicide.

P.E. teacher hanging up whistle

For nearly 30 years, Donna Handley has taught the three R’s at Andrew J. Mitchell Elementary, but maybe not the three you may be thinking of – Running, Recreation and Respect.

More off-leash areas, times approved by council

By a rare 3-2 split, the Boulder City Council voted last week to give a few additional options for those residents who were opposed to the leash law passed late last year.