87°F
weather icon Mostly Cloudy

Motion to dismiss claims withdrawn

A motion to dismiss several claims in a complaint filed against the city by two of its now former employees has been withdrawn from Nevada’s Eighth District Court.

The motion to dismiss is part of a complaint filed Aug. 3 by former city attorney Steve Morris and former city manager Al 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.”

On Aug. 25, they filed an amended complaint accusing the mayor and City Council of several open meeting law violations.

In a stipulation and order filed Nov. 13, Judge Jim Crockett said Morris and Noyola are allowed to file a second amended complaint in the case. Because of that, the city agreed to voluntarily withdraw one of its motions to dismiss four of the claims against it.

Morris and Noyola also agreed to voluntarily withdraw their counter-motion for attorney’s fees filed Oct. 5.

They were all withdrawn “without prejudice,” meaning they can be filed again.

The withdrawn claims are: that the open meeting law was violated with the notice given for the Aug. 6 special meeting; that it was also violated with email communications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.

In the withdrawn motion, Bailey Kennedy, the firm representing the city, was asking those claims be dismissed because Morris and Noyola did not demonstrate any violation of Nevada’s open meeting law. It also asserts that they failed to show the damages that resulted in an alleged breach of an implied covenant of good faith and fair dealing.

The Nov. 13 order does not affect a second motion to dismiss those claims filed by Bailey Kennedy on Oct. 5. In that one, they write the claims should be dismissed because they fall under a strategic lawsuit against public participation (SLAPP) .

They claim that Morris and Noyola’s lawsuit against the city is “designed to prevent the City Council from publicly considering actions taken by the Plaintiffs in their official capacities and whether to terminate Plaintiff’s employment contracts for the benefit of the citizens of Boulder City.”

That motion will be discussed in a hearing at 9 a.m. today in Nevada’s Eighth District Court.

There is also a hearing scheduled for Dec. 3 to discuss a motion to dismiss two other claims against the city. Those claims are that there was intentional interference with Morris and Noyola’s existing contractual relations and that McManus and Councilwoman Tracy Folda were part of a civil conspiracy.

Morris and Noyola were fired Oct. 13 after City Council approved 4-1 to terminate their employment contracts “for cause.” Folda requested the items to discuss their contracts be put on the agenda. She said she wanted to address Noyola’s “professional competence” in his “work duties.” The council members also said they had lost confidence in Morris as the city attorney.

Councilwoman Claudia Bridges issued the dissenting vote and said Morris and Noyola had been professional in their dealings with her.

Nov. 13 Stipulation and Order 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
Capturing a moment in time

If a picture is worth 1,000 words, it’s safe to say that Pamela Leon has millions of words to her credit.

Plans for substation on hold

Inflation, it appears, continues to bedevil plans for large public projects in Boulder City.

Wurst Festival brings out the best

Just around the time each year that Mother Nature cooperates with lower temperatures, comes one of the more popular events in town filled with food, family, friends and fun.

National Night Out brings together first responders, community

During its humble beginnings, National Night Out started as a way for neighbors to meet and sit on their porches to help deter criminal activity in their neighborhoods.

Reaching for the stars

This school year Martha P. King Elementary School was named a 4-Star School by the state of Nevada.

BC’s unofficial mascots now on camera

For several years now, Hemenway Park has been a popular stop for residents and visitors with the hopes of seeing Boulder City’s unofficial mascot – bighorn sheep.

What you need to know to avoid becoming scam victim

Call it an unfortunate side effect of the world’s increasingly online modern existence or maybe just the last examples of a phenomenon as old as civilization but reports of scams are on the upswing.

City joins opioid settlement

No municipality in the country has been able to totally avoid the negative effects of the opioid epidemic, Not even Clean, Green Boulder City.

Gun club elections set for Wednesday

Last month, the nearly 3,000 members of the Boulder City Rifle and Pistol Club were caught off guard as four of the existing board members all resigned, effective immediately.