42°F
weather icon Mostly 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.

MOST READ
THE LATEST
The bond between Boulder City and Searchlight

If you talk to the staff at Harry Reid Elementary School in Searchlight, you may hear them describe their campus as “the heart of the community” or “the jewel of the desert.”

Council gives lake-view lot to chamber

After a very short introduction by city staff and without discussion, the city council voted unanimously last week to give a 50-foot-square piece of city-owned land to the Boulder City Chamber of Commerce Foundation.

20-year lease extension up for vote

The gun club was not the only entity with lease extension business before the city council in their meeting last week.

Commercial zoning in Eldorado approved

The going-on-a-year-long process of adding four acres of land to Boulder City and approving it for commercial use is all over except the shouting as the city council voted unanimously and without discussion as part of the consent agenda to approve the changes to the city’s land use map as well as amending the zoning map to allow for future commercial development.

Out of this world: A look at Fisher Space Pen

In a popular episode of “Seinfeld,” appropriately entitled “The Pen,” Jerry and Elaine travel to Florida to see his parents. There, a neighbor, Jack Klompus, shows off a pen that the astronauts used in space because of its ability to still write, even when upside-down.

City council approves 15-home Beazer tract

Without any discussion, the city council Tuesday approved a 15-home subdivision as part of a single vote on the consent agenda.

Council approves additional $140K in construction spending

As part of the consent agenda in Tuesday’s meeting, the city council agreed to add about $140,000 to the amount previously agreed to be paid to GCW, Inc. for management, engineering, design and support services for two projects in Boulder City.

UNLV intern joins BCR staff

Beginning this week, the Boulder City Review welcomes Ian Cruz to its staff as an intern for the spring semester.

Metro officer involved in shooting in Boulder City

Dozens of law enforcement officers responded Friday, Jan. 24, to the 700 block of Sixth Street following a reported shooting.