79°F
weather icon Clear

Ex-manager sues city; claims retaliation

Former City Manager Al Noyola filed a lawsuit against the city Friday, July 29, alleging that his civil rights were violated when he was fired Oct. 13, 2020.

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This is the same claim made in his original lawsuit against the city that was withdrawn in November 2020 because he had not “exhausted his administrative remedies.”

Those included a complaint of discrimination filed with the Nevada Equal Rights Commission in August 2002 that was forwarded to the U.S. Equal Employment Opportunity Commission to investigate.

The EEOC sent him a letter April 26 notifying him that it has completed its investigation and would not proceed further, giving him the right to sue. His notice also stated that the commission’s determination did not mean that his claims had no merit or certify that the city was in compliance with the law.

City Attorney Brittany Walker said that the “right-to-sue notice from the Nevada Equal Rights Commission or the Equal Employment Opportunity Commissioner” was necessary in order for an employee to file a complaint of discrimination or retaliation.

“Both entities are also empowered to investigate claims and take action if discrimination is found. NERC investigated and found that the evidence presented did not meet the legal criteria to establish that discriminatory acts occurred. Similarly, the EEOC closed its investigation into the matter,” she said.

Noyola said he had to move forward with the lawsuit for several reasons, including protecting himself and his reputation, to help re-establish trust in government leaders, and to show that “it doesn’t matter who you are, you are not above the law.”

Noyola’s suit claims that he was given notice of a meeting to discuss terminating his employment with the city less than 24 hours after he was interviewed regarding the complaints levied against McManus and then-Councilwoman Tracy Folda.

The agenda items to discuss his termination stated the City Council would consider “his character, alleged misconduct, and/or professional competence.”

However, in his lawsuit he contends that during the 2½ years he served as city manager he was never disciplined or reprimanded and that the city had not conducted any performance evaluations.

Noyola is seeking any lost wages and benefits, punitive damages to discourage the city from “retaliating against its employees for engaging in protected activities,” funds to cover any tax liabilities he may incur, and to recover legal fees and costs.

Although he has requested a jury trial, Noyola is optimistic that the case can be settled.

He said he has “confidence that the new council, with a fresh perspective, an objective perspective, will do the right thing for the city, appointed officials and employees.”

“Truth and justice will prevail in the end. It may take a long time, but I absolutely believe that will be the case,” he said.

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
LISTEN TO THE TOP FIVE HERE
THE LATEST
Council approves rate hike

Beginning this month, Boulder City residents will see a bump in their power bills.

BC Review wins six state awards

During Saturday’s Nevada Press Foundation’s annual Awards of Excellence, the Boulder City Review came away with six awards in the rural category during a ceremony at Springs Preserve in Las Vegas.

Lady Eagles remain in second place in league play

Bouncing back from their first league defeat of the season, Boulder City High School girls soccer added a pair of wins this past week to build some momentum.

Best of the Wurst

Ron Eland/Boulder City Review

The view from the hallway

September is always a busy month at Boulder City High School.

Country Store celebrates 79th year

For nearly eight decades, Grace Community Church has been the place to find that sought-after knick-knack, holiday decoration or maybe a shirt or blouse, all at a discounted price.

Cozy fall décor that works in the desert

That first day I feel a little fall chill, I always chuckle to myself thinking about the “sweata weatha” exchange between Maya Rudolph and Amy Poehler from their SNL sketch. While much of the country is pulling on sweaters, downing pumpkin lattes, and decorating for fall, we’re still wearing flip-flops and kicking on the AC.

BLM asks judge to set aside Boulder City data center approval

The agency is asking a judge to set aside its unprecedented approval so it can conduct more analysis of the controversial project. It comes weeks after the judge halted construction.

My visit with Mickey and the gang

Walt Disney once said, “I think what I want Disneyland to be most of all is a happy place – a place where adults and children can experience together some of the wonders of life, of adventure, and feel better because of it.”