54°F
weather icon Mostly Cloudy

Fired city employees file appeal

Two former employees are appealing the dismissal of their complaint accusing the city and council members of violating the open meeting law and breaching a covenant of good faith and fair dealing when they were fired.

In their appeal notice filed Feb. 10 in Nevada Supreme Court, former City Attorney Steve Morris and former City Manager Al Noyola wrote that Nevada’s Eighth District Court “erroneously granted” the motion to dismiss in the Dec. 17 order approved by Judge Jim Crockett.

The dismissal stemmed from complaints filed in August by Morris and 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.”

They also filed an amended complaint accusing the mayor and City Council of several open meeting law violations. On Nov. 18, Morris and Noyola filed a second amended complaint accusing the city of violating their contracts and state law by not yet paying them their severance packages after they were fired Oct. 13.

Acting City Attorney Brittany Walker said the appeal was “premature.”

“Unless the court certifies the Anti-SLAPP orders dismissing the plaintiffs’ claims as final judgments, they cannot be appealed until all claims in the case have been resolved, including the new claims that plaintiffs included in their second amended complaint,” Walker wrote in an emailed statement. “Regardless, the Anti-SLAPP orders were appropriately entered by the Eighth Judicial District Court Judge, and Boulder City is confident that the rulings will be upheld on appeal.”

The dismissed 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.

Attorneys for Morris and Noyola did not respond to a request for comment.

In the Dec. 17 order, Crockett dismissed the first two claims because he said “Boulder City met its burden of proof and established by a preponderance of the evidence” that the notice letters, special meeting agenda and email communications were made in good faith in accordance with state statutes.

He also said the emails could be dismissed because they did not constitute a meeting, so they weren’t subject to the open meeting law.

Crockett said that he dismissed the claim of the open meeting law being broken when a quorum of council members talked to prospective counsel before hiring them because council “was forced to seek assistance from outside counsel” as they were sued by the city attorney “who failed to appoint competent substitute counsel to defend the city.”

There are no hearings scheduled yet for this appeal. According to court documents, the court is still waiting for the $250 filing fee to be paid.

In their second amended complaint, 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 one.

The next council election is the April 6 primary, less than six months after they were fired.

Bailey Kennedy, the firm representing the city, filed a motion to dismiss parts of that complaint and a hearing is scheduled for 10 a.m. March 11.

On Jan. 4, this case was transferred to Judge Jessica K. Peterson from Crockett, who retired at the start of the year.

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
Leash law gets another look

One of the most discussed topics in Boulder City this past year has surrounded when, where and if dogs can be off-leash.

New faces at BCPD

Monday morning, three new Boulder City police officers were sworn in during a ceremony that featured city staff, family and fellow officers. Above, Chief Tim Shea swears in, from left, Rayman Bateman, Zach Martin and Hi’ilani Waiwaiole. Shea noted that it’s very rare for them to swear in more than one new officer at a time. Two more future officers will be attending the police academy next month. The new officers help fill vacancies left by retiring officers or those who have moved onto other agencies. Left, Mayor Joe Hardy gave the three new officers an impromptu group hug during the ceremony.

The Mouse, his House and me

I’m about to say something that divides many in terms of their opinion. More than should a sandwich be cut horizontally or the diagonal cross-cut. Even more than the question of Coke vs. Pepsi and even more controversial than whether a tomato is a fruit or vegetable.

Eagles keep up their winning ways on volleyball court

Boulder City High School boys volleyball continues to succeed against higher classes of opponents, knocking off 4A Somerset Sky Pointe 3-2 on April 8.

Late-inning effort lifts Lady Eagles

A young team that is showing progression, Boulder City High School softball showed resiliency this past week, capping off a come-from-behind victory over rival Virgin Valley on April 9, while defeating 4A Silverado on April 8.

‘Honestly, I just thought about football’

Torryn Pinkard doesn’t want to be looked upon as someone with cancer who happens to play football. He’d rather be seen as a football player who happens to have cancer.

Boys volleyball wins first league game

Boulder City High School started league play with a victory, defeating The Meadows 3-0 on April 1.

From Garden to Grave

Last week, the Christian Center Church hosted four showings of Garden to Grave: Live Stations of the Cross. Pastor Deborah Downs said the Stations of the Cross “are a contemplative practice of walking the way of suffering with Jesus. If one were to visit the city of Jerusalem, they would discover all 14 stations on what is called the Via Dolorosa – The Sorrowful Way – a path from Pilate’s court to Golgotha to the tomb.”