64°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.

Don't miss the big stories. Like us on Facebook.
THE LATEST
Council OKs controverial zone change

Funeral homes and mortuaries are now allowed as a conditional use in the city’s C1 neighborhood commercial zone despite a divided vote by City Council and numerous residents voicing their opposition to the idea.

Solar farm fined nearly $220K for air quality violations

A Boulder City solar farm construction site has racked up hundreds of thousands of dollars in fines this year for air quality violations, according to Clark County regulators.

Golf cart agreement saves city thousands

The city will save almost $400,000 on new golf carts for the Boulder City Golf Course thanks to an existing government contract.

Business Beat: Passion rocks man’s soul

Paul Hanks wants you to rock out with him.

Children also impacted by COVID-19

The COVID-19 pandemic continues its impact on everyone, especially children and adolescents, according to the results of a recent study.

Ex-prosecutor: Troopers’ mistakes marred fatal DUI case

A former Clark County prosecutor says the Nevada Highway Patrol made serious mistakes in its investigation of an impaired truck driver who ran over a pack of bicyclists near Searchlight in December, killing five.

Grant allows hospital to expand services

Residents will be able to have more health services done locally thanks to a grant received by the Boulder City Hospital for new mammography equipment.

Officials work on plan to leave water in lake

States in the lower Colorado River basin are developing a $100 million plan that will leave more water in Lake Mead over the next couple of years.

Projects to boost security proposed

Boulder City staff is proposing that several projects to provide more security at the animal control shelter and police station be included in the capital improvement plan for the next fiscal year.