Former cop’s battle with NLV nears end

Dan Kulin

Tuesday, Jan. 6, 2004 | 9:31 a.m.

North Las Vegas' legal ordeal with former police officer Joe Austin looks like it could be coming to an end.

The City Council is scheduled to vote on a $562,500 award to Austin to settle the case.

City Attorney Sean McGowan said he expects the City Council will "reluctantly approve" the settlement, in which both sides give up their right to future appeals.

"I'm recommending the council give up the battle," McGowan said.

McGowan and Austin said if the council approves the settlement, then the more than six-year legal battle between the city and Austin would be over.

Austin has been fighting the city since he was fired from the police force in April 1997. The city said Austin's hearing loss left him unable to fulfill his duties as a patrol officer. But 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.

In November 2002 an arbitrator decided Austin should return to work for the city and receive about $1.1 million.

The amount of the reward, which included charges for back pay, leave and retirement benefits, attorneys fees, plus some money to offset tax payments, was appealed by the city. Meanwhile Austin returned to work at the police department in December 2002.

Austin quit in September, saying he had been treated unfairly after his return.

The settlement offer comes after District Judge Stewart Bell decided the arbitrator's suggested award be reduced to $608,000, according to city documents.

Bell decided the arbitrator incorrectly added attorneys' fees, interest charges and money to offset taxes on the payment to Austin's award, Chief Deputy City Attorney Leslie Nielsen said.

Austin said he'll be glad when the ordeal is finally behind him.

"It's been seven years and it's draining all my resources," he said. "It's just getting tough."