104°F
weather icon Cloudy

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
Titus, mayor tout project

Saying that “businesses are the lifeblood of our community,” Mayor Joe Hardy helped lead a brief press conference Friday to discuss work to be done as part of Phase II of the Nevada Way Reconstruction Project.

Official: Still hope in water fight

Nevada’s lead Colorado River negotiator said he’s still going to bat for the state behind the scenes as water managers await a final word from the Trump administration.

Chamber hands out annual awards

Last Friday night, dozens of local business owners filled the Elaine K. Smith building.

Architectural contract awarded for new pavilion

For more than 20 years, the pavilion at Boulder Creek Golf Course has hosted state of the city addresses, galas, weddings, fundraising events and class reunions.

Golf team looks to duplicate success

Bringing back a handful of experience and the best golfer in the classification, Boulder City High School girls golf will look to capture their third consecutive 3A state championship.

Mother Nature forces early end to game

A rain cancellation ruined the coaching debut of Boulder City High School football coach Chris Render, who saw his team in a tight 14-7 battle with Valley on Aug. 14, before lightning called off the remaining action with less than four minutes to play in the first half.

New faces to help lead girls soccer

With a lot of new faces expected to make an impact for Boulder City High School girls soccer, the season couldn’t have started off any better after defeating 4A Sunrise Mountain 3-0 in their season opener on Aug. 13.

What is long-term care?

Long-term care refers to a range of services and support for people who need help with everyday activities over an extended period due to aging, chronic illness, disability, injury, or cognitive conditions such as Alzheimer’s disease.

Veterans, seniors: Scarcity of low-cost housing

Housing of all types for all sorts of individuals seems to be a buzz-word these days. But seniors and veterans especially seem to be lacking when it comes to locating reasonably affordable residences in reasonably decent neighborhoods around the state. What’s a body to do?