NLV may challenge some points in fired cop’s compensation

Judy Odierna

Monday, Dec. 9, 2002 | 11:14 a.m.

North Las Vegas officials say they will follow an arbitrator's ruling to pay a former police officer almost $1 million in back pay and benefits, but are considering challenging some of the fees awarded.

"We feel that the arbitrator made some legal errors," Mayor Michael Montandon said. "He assigned some costs he is not legally allowed to."

The city's stance comes as no surprise to former Officer Joe Austin, who has been fighting a contentious battle with North Las Vegas since 1997.

"I'm sure they will continue to fight," Austin said. "They haven't shown any signs of doing the right thing yet."

Austin was fired from the North Las Vegas police force in 1997. The city said Austin's hearing loss left him unable to fulfill his duties as a patrol officer. Austin, who had been with the force since 1971, claimed his hearing loss had existed for more than 15 years, was documented and was never an issue.

"The hearing issue was a trumped-up thing," Austin said. "Sadly they got a doctor to go along with it."

Arbitrator T. Zane Reeves ruled in May that Austin was entitled to be reinstated to his former position with full back pay, benefits and attorney's fees. The city at that time challenged the ruling, saying it was erroneous and not final and binding. The arbitrator told both parties to negotiate in good faith to determine an amount for compensation and damages, but found they were unable to come up with an agreement.

The arbitrator ruled Nov. 29 that Austin should be awarded more than $840,000 in back pay, health and insurance benefits, retirement, taxes and sick leave. He was also awarded more than $135,000 in attorney's fees.

The city was also instructed to reinstate Austin to his former position by Dec. 16 or pay $540 a day plus attorney fees.

"Obviously we have to move forward with some kind of restitution for Austin," Montandon said. "We have been setting aside reserve funds for this for quite some time. It is money that could have been spent on parks or services, money we would rather have spent elsewhere."

Austin said he is thankful that his days of fighting may soon be over.

"I feel a tremendous amount of relief," he said. "It clears up my name. It doesn't put a lot of bad years behind me, but it helps."