Fired NLV city manager Fritsch files suit against city

Dan Kulin

Friday, Sept. 5, 2003 | 10:51 a.m.

Former North Las Vegas City Manager Kurt Fritsch filed a lawsuit Thursday against the city, claiming the City Council violated the state Open Meetings Law, the City Charter and Fritsch's contract when it fired him on July 16.

Mayor Michael Montandon said, although he hadn't seen the lawsuit, he believes it is without merit.

"Yada, yada, I want money and just throw everything in but the kitchen sink," Montandon said about the suit. The mayor said he's confident the firing was done properly because the council followed the city attorney's advice.

The lawsuit claims the council violated the Open Meetings Act by not giving adequate notice of the firing on the meeting agenda.

The agenda stated the council would have a "discussion and possible action on the city manager's contract."

But Fritsch's attorney Adam Levine said the agenda needed to be more specific.

The suit also claims the council did not follow the procedure for firing a city manager as laid out in the City Charter. According to the charter, the council must give a written resolution to the city manager stating the reasons for the dismissal, after which the city manager has five days to request a public hearing on the matter.

The council fired Fritsch with a 5-0 vote and no written or verbal explanation.

Council members afterward declined to fully explain their decision, except Montandon, who said Fritsch had a hard time juggling the demands of council members and maintaining a clear vision for the city.

At the time of the firing, City Attorney Sean McGowan said Fritsch's contract superseded the City Charter.

The mayor on Friday agreed with McGowan.

"They don't have to have a contract to be a city manager," Montandon said. "When you have a contract you become an at-will employee. He was always an at- will employee."

Levine said Fritsch was not an at-will employee, and could only be fired for cause, which he was not.

The suit also claims the council violated Fritsch's 14th Amendment right to due process when they fired him.

The suit asks that the firing be voided and seeks unspecified monetary compensation. Levine said if the suit is successful he would not expect a judge to order the city to bring Fritsch back to work.

"As a practical matter we know the court is not going to force upon a political body somebody they don't want. We expect the court to order they pay the duration of the contract," Levine said. He would not say exactly how much money that might be worth.

Fritsch was paid about $150,000 a year when the council voted to fire him and had about two years left on his contract.

Fritsch said Friday he is looking for another job and "just enjoying life."