83°F
weather icon Clear

City sued by former attorney

Former Boulder City Attorney Steven Morris filed a lawsuit against the city Friday, Dec. 2, alleging his civil rights were violated.

His complaint accuses the city of discrimination, harassment and retaliation, violating the state’s employment practices, and reinstates the claim that he was fired in retaliation for being a witness and substantiating allegations made by several city employees of “religious discrimination, harassment, bullying and creating a hostile work environment” by former Mayor Kiernan McManus.

This is the same claim made in his original lawsuit against the city that was withdrawn in November 2020 because he had not “exhausted his administrative remedies.”

Morris received notice from the Equal Employment Opportunity Commission in September that he had fulfilled the requirements, exhausted “administrative remedies” and had the right to sue the city.

He said the Nevada Equal Rights Commission, which helped him file his charge of discrimination with the EEOC, closed his case with no findings because some of his claims overlapped with his original, ongoing case that is now awaiting a decision from the Nevada Supreme Court.

The lawsuit is similar to the civil suit filed in late July by former City Manager Alfonso Noyola, who was fired at the same Oct. 13, 2020, meeting as Morris.

Morris said the city now has 45 days to respond to his suit, either by filing a motion to dismiss the case or providing an answer, in which they would generally deny all the allegations.

City Attorney Brittany Walker confirmed the process for filing the lawsuit and needing the “right-to-sue notice from the Nevada Equal Rights Commission (NERC) or the Equal Employment Opportunity Commission (EEOC)” first.

“Since Mr. Morris has now received the right-to-sue notice he is re-alleging these claims,” she said, adding, “The city is hopeful to have these matters resolved in the near future.”

In addition to his claim of being fired in retaliation for substantiating allegations against the former mayor, Morris’ suit claims the Oct. 13, 2020, meeting violated the open meeting law and several provisions of his employment contract, namely that he could not be terminated within six months before or after a City Council election.

He states that he was not given the severance payment guaranteed by his contract as he did not violate any terms of the employment agreement nor was he convicted of a gross misdemeanor or felony.

He also claims that during the 2½ years he served as city attorney he was never disciplined or reprimanded and that the city had not conducted any performance evaluations. Despite this, the agenda items to consider firing him stated the City Council would consider “his character, alleged misconduct, and/or professional competence.”

According to Morris, he was told a few weeks ago that the entire Supreme Court will rule on the open meeting law violation complaint, without oral arguments. Other complaints regarding contractual issues, harassment and religious discrimination have been put on hold until the original complaint is resolved.

Former Councilwoman Tracy Folda was also named in that suit.

His civil suit asks for a jury trial and that he be awarded an “amount equal to the wages, salary, and benefits” which he would have earned, legal fees, compensatory and punitive damages, funds to pay for any tax liability he may incur, and to restore any benefits he would have been entitled to if he had not been fired.

If Morris had received his severance package when he was terminated, he would have received $259,458.15.

Noyola, who also has not been paid severance, would have received $234,613.97.

An offer by the city in June 2021 to settle the cases — $270,000 for Morris including attorney fees, costs, expenses and interest and $290,000 for Noyola — expired with no response from the former employees.

As of late last month, Bailey Kennedy, the Las Vegas-based legal firm hired to defend the city in this matter, has been paid more than $300,000.

Hali Bernstein Saylor is editor of the Boulder City Review. She can be reached at hsaylor@bouldercityreview.com or at 702-586-9523. Follow @HalisComment on Twitter.

MOST READ
THE LATEST
Toll Brothers gets split decision

The development of the area near Boulder Creek Golf Course known as Tract 350 (the sale of which is slated to pay for the majority of the planned replacement for the aging municipal pool) may have hit a snag last week as the planning commission voted 5-1 to deny the developers’ request to build houses closer to the street than is allowed under current law.

Council gives nod to 185 new hangars

There is at least one part of Boulder City that is set to see growth in the coming years. A lot of growth.

Boulder City ready to celebrate America

Boulder City resident James Cracolici may have put it best when he called the annual July 4 Damboree, “The crown jewel of all events held in Boulder City.”

BC can ban backyard breeders

Although there is nothing on any city agenda yet, the resolution of the issue of whether pet breeding will be allowed in Boulder City took a huge step forward last week as Nevada Attorney General Aaron Ford released an official opinion on the intent and limitations of state law that had been requested by city staff last year.

Completion dates for two road projects pushed back

Mayor Joe Hardy tacitly acknowledged that Boulder City gets, perhaps, more than its fair share of funding from the Regional Transportation Commission, given the city’s size.

Businesses recognized at Chamber awards night

The Boulder City Chamber of Commerce’s annual installation and awards night featured many business owners in town and even had an appearance, albeit an A.I.-generated one, by Audrey Hepburn.

Parallel parking approved

Like so many other things in the world of Boulder City government, the issue of reconfiguring parking in the historic downtown area along Nevada Way, which generated enough heat to cause council members to delay a decision up until the last possible moment, ended with more of a whimper than a bang.

Ways to reduce summer power bills

Now that the thermometer is on the rise outdoors, the cost to cool homes and businesses on the inside is doing the same.