Arbitrator rules against fired cop

Tuesday, Feb. 4, 2003 | 10:53 a.m.

An ex-North Las Vegas Police officer who claimed two of the department's detectives set up him up to get him fired because of his criticism of the police union has lost a round in his legal battles with the city.

Arbitrator Matthew Goldberg informed North Las Vegas officials last week that the city had cause to fire former police officer Michael Thomas.

Thomas was fired from the police department on Aug. 31, 1999, for gross insubordination related to disruptive behavior on the job -- an alleged pushing and butting incident on Dec. 22, 1998, with two North Las Vegas detectives.

The firing came a month after Thomas was acquitted of two misdemeanor battery charges stemming from the altercation with the detectives. Thomas filed an arbitration claim and lawsuit against the city claiming wrongful termination.

"Mr. Thomas may appeal this and we still have a federal court lawsuit to dispose of, but this decision is an important statement that the city was justified in dismissing Mr. Thomas," North Las Vegas City Attorney Sean McGowan said.

The lawyer who represented Thomas in the battery trial, Andrew Leavitt, could not be reached for comment today.

Goldberg wrote in his findings that Thomas, "could justifiably be disciplined for being disruptive, interfering with the normal operations of the department, and for bringing the department and its members into disrepute through a series of false allegations."

His actions were "willful, deliberate and recurring," Goldberg said.

At the time of the battery trial, Thomas, then 38, said he was one of three North Las Vegas police officers who did not belong to the union. There were about 260 officers on the force at the time.

The incident began while Detective William Brooks was taking a statement from Thomas regarding a criminal complaint he had filed about a month earlier, accusing fellow officer Dave Galyen, president of the union, of attempting to run over Thomas with a police vehicle at department headquarters.

Brooks testified that Thomas pushed him from behind. Another detective, Michael Bodnar, said he came to the interview room after Brooks called out to him. Bodnar testified that Thomas charged at him and butted him in the side with his head and shoulders.

Municipal Judge James Kelly cleared Thomas after hearing testimony from others who said they saw no physical contact between Thomas and the men.