61°F
weather icon Mostly Clear

No settlement reached: Time for ex-employees to accept offers passes with no response

A settlement has not been reached in the court case involving Boulder City and two former employees.

In June, City Council approved monetary offers for former City Attorney Steve Morris and former City Manager Al Noyola in their case accusing the city, Mayor Kiernan McManus and Councilwoman Tracy Folda of violating the open meeting law and breaching a covenant of good faith and fair dealing when they were fired in October.

The offer for Morris was $270,000, inclusive of attorney fees, costs, expenses and interest. Noyola’s offer was for $290,000. Once sent to their attorneys, Morris and Noyola had 14 days to accept them.

“Mr. Noyola and Mr. Morris did not respond to the offers of judgment and the time to accept them has expired,” said City Attorney Brittany Walker. “Accordingly, no settlement has been reached.”

“Mr. Noyola is always open to reasonable discussions to reach a mutually agreeable settlement,” said Jeffrey F. Barr, his attorney.

Morris and Noyola were fired Oct. 13 “for cause” in a 4-1 vote by City Council.

Their contracts stipulate if they left for any reason other than “voluntarily” resigning, violating a material term of the contract or being convicted of a gross misdemeanor or felony, each would receive 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. They have not been paid any of that money.

In addition to settlements or severance packages that may be paid, the city has already spent $297,763.14 on legal fees to Las Vegas law firm Bailey Kennedy, which was hired Aug. 12 to help represent it in this case, according to Walker.

Walker said that in late 2020, the city also retained the law firm of Litchfield Cavo through Pool Pact to serve as co-counsel. That representation is part of the city’s Pool Pact insurance policy.

Morris and Noyola’s complaint was filed in Nevada’s Eighth District Court. Recently, Judge Jessica K. Peterson stayed all of its claims until the Nevada Supreme Court decides on the appeals.

On May 8, she awarded the city, McManus and Folda $81,888.42 in attorney fees and costs. There is a hearing scheduled for July 27 to reconsider the amount of fees awarded to the city; it was requested by the city.

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
BC repaint: Countdown is on

It’s almost time to don that old pair of jeans, the ratty tennis shoes in the back of your closet and a shirt you’re not worried about ruining.

Management of veterans’ home sparks controversy

Documents provided to the Boulder City Review by the Centers for Medicare and Medicaid Services (CMS) appear to back up many of the accusations leveled at the Nevada Department of Veterans Services (NDVS) and leadership of the Southern Nevada State Veterans Home which is located in Boulder City by current and former employees over the past year. Many of the same issues were also noted by CMS surveyors in an inspection of the home that occurred in January.

Spending for proposed pool to be on Nov. ballot

During Tuesday’s Boulder City Council meeting, City Manager Taylour Tedder may have summed things up best.

Historic preservation event set for May

It’s a couple of months away, but scheduling for events tied to Historic Preservation Day — slated for May 11 —are pretty set and revolve around the theme of Trains, Planes and Automobiles.

Slow and steady

For Nevadans at the forefront of the West’s water crisis, snowpack in the Rocky Mountains that eventually trickles down to Lake Mead is always front of mind.

Hunt expected to draw hundreds

For the second year in a row, the city of Boulder City is sponsoring the annual Community Easter Egg Hunt with a little extra help from a friend – the Easter Bunny.

Longtime judge/justice of the peace to retire

If you get arrested in or around Boulder City and have to appear before a judge, that may mean — depending on the offense, the arresting agency and exactly where the arrest happened —that you are in front of the Boulder City municipal judge or the justice of the peace for the Boulder Township of Clark County.

And… We have a primary

It’s official. As of Tuesday evening, five people had filed paperwork to run for city council.

Wait. The museum has WHAT in it’s collection?

It was a presentation about the activities and impact of the Boulder City Museum with lots of info and plans and numbers. But most people who saw it will remember it most for the discussion of some of the museum’s more, hmmm, unusual items that are part of the collection.