Judges to drop lawsuit demanding higher wages

Jeffrey Libby

Friday, Nov. 1, 2002 | 11:06 a.m.

Henderson Municipal Court Judge John Provost said today that he and Municipal Court Judge Ken Proctor are dropping a lawsuit that demanded wage increases from the city of Henderson.

Provost said if the lawsuit hasn't already been dropped, it will be in the next few days. He and Proctor have instructed their attorneys accordingly.

"The whole thing was, we had a difference of opinion on what the ordinance said," Provost said. "The only way to settle it was to have a judge decide an interpretation. But instead of getting an interpretation, (our inquiry) was turned back on us with a vengeance. It just wasn't worth the fight."

On Oct. 4, the two judges filed in Clark County District Court, demanding that they be paid an annual raise of 8 1/2 percent, which many city administrative and managerial employees earn, rather than being paid an annual cost-of-living increase of 3.5 percent.

City attorneys released paperwork to media that showed Provost and Proctor missed a combined total of 91 days in 2001, for an average work week of three days.

Provost, who previously referred calls for comment to his attorney, today challenged those records as incorrect.

Provost said he missed a total of 28 days, and many of those days were taken either for training required by the state Supreme Court or for appearances as an elected officials.

At least two cases required abstentions on several days, he said, because the cases involved senior employees at City Hall. One was for a driving under the influence charge, and the other was a domestic battery charge, Provost said.

The city also provided paperwork showing that if the two judges got the salary increases of 8 1/2 percent that they were demanding, by 2011 their salaries would more than double, from the $102,000 they received last year to $224,000.

By contrast, a consulting group that recommended 27 percent raises for the judges in 2001, from $78,000 to $99,000, suggested annual cost-of-living increases that would result in salaries of $140,000 by 2011.

But Provost said city records show that in July 2002, the majority of management employees -- 331 -- received 8 1/2 percent raises.

"I think it's a good thing they are dropping the suit," said Mayor Jim Gibson. "It's unfortunate that they ever filed it to begin with."

It had to have been clear from the beginning, Gibson said, that the ordinance only provided the judges with cost-of-living increases.

The judges argued, however, that in addition they should receive the 5 percent merit increases that many administrative and managerial employees receive.

"We wanted to stay in parity with the city so in 10 years we don't have to ask for another $18,000 raise to catch up with everyone," Provost said.

But a campaign by the city that was "mean-spirited, spiteful and untrue" put a quick end to that intention, Provost said.