Judge keeps alive lawsuit filed by fired city manager

Dan Kulin

Friday, Jan. 30, 2004 | 9:06 a.m.

District Judge Jackie Glass on Wednesday denied dueling motions to dismiss former North Las Vegas City Manager Kurt Fritsch's lawsuit against the city over his July 16 firing, attorneys for both sides said.

Glass's action means both sides will move on to the discovery portion of the case and begin taking depositions from witnesses expected to include the mayor, City Council members, the city attorney and Fritsch, the attorneys said.

Chief Deputy City Attorney Leslie Nielsen said it could be months or a year before the case returns to court. Nielsen said the city will probably again ask Glass to dismiss the case after the depositions are completed.

Glass had suggested the two sides try to mediate the dispute.

Fritsch filed the lawsuit almost two months after a unanimous City Council fired him. In his lawsuit, Fritsch claimed the council violated the state open-meeting law, the City Charter and his contract when they fired him.

The suit claims the agenda for the July 16 meeting did not adequately show that the council could be deciding to fire Fritsch that night.

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

The suit also alleges that according to the City Charter the council was required to give a written resolution to the city manager stating the reasons for his dismissal, after which the city manager has five days to request a public hearing on the matter.

In its response, the city argued the possible firing was adequately posted in the meeting agenda, and that the state constitution, City Charter and Fritsch's contract made him an at-will employee, which meant the council could fire him at any time.

The city asked Glass to dismiss the case in the city's favor and Fritsch's attorney filed a counter motion asking Glass to rule in Fritsch's favor.

Fritsch's attorney, Adam Levine, said he didn't expect Glass would grant the motions to dismiss the case.

The city is being represented in this case by private attorney Gregory Smith. McGowan said he decided to use an outside attorney because he was involved in discussions with Fritsch and council members about the potential firing before it happened.

Fritsch's suit asks that the firing be voided and seeks unspecified monetary compensation. He had about two years left on his contract when he was fired.

By firing Fritsch before the end of his contract, the council chose to pay him $127,066 to leave. The severance was half of his roughly $150,000 salary plus pay for any accrued vacation days and half of his unused sick days.