Henderson City Council to decide fate of city attorney charged with DUI

By Conor Shine

Friday, Aug. 5, 2011 | 2 a.m.

Henderson City Attorney Elizabeth Quillin’s job will be on the line Monday as she faces the City Council for the first time since her May drunken driving arrest.

The council will hold a special 4:30 p.m. meeting after huddling in private with Quillin. That meeting will be followed by a public discussion where the council could decide to fire Quillin, 51, and possibly appoint an interim city attorney.

Quillin was arrested May 23 in the middle of a workday after she crashed her SUV near Paseo Verde Parkway and Carnegie Drive. She failed a field sobriety test and her blood-alcohol level was revealed to be 0.28, more than three times the legal limit.

The city could move to fire Quillin with cause, under a section in her contract that forbids “malfeasance” by an executive official. If fired with cause, Quillin would receive only her accrued vacation time as compensation.

If fired without cause, Quillin’s contract entitles her to a severance package totaling $320,000 that includes a year’s salary and benefits.

Other options for the city include negotiating a settlement, the council choosing to continue her employment or Quillin offering her resignation.

Director of Human Resources Fred Horvath said a settlement remains a possibility, and that discussions are ongoing with Quillin and her attorney.

Quillin was appointed city attorney by the council in June 2009 and receives an annual salary of $190,000, plus benefits.

The city must tread carefully when handling Quillin’s possible dismissal to avoid repeating mistakes it made when firing former City Manager Mary Kay Peck in 2009.

The City Council initially thought it had cause to fire Peck, who was accused of withholding vital budget information and creating a culture of fear among employees.

Peck sued the city and the case moved to binding arbitration, where Peck was eventually awarded $1.3 million in damages.

Peck’s and Quillin’s contracts were signed at about the same time, but Horvath said the city has learned from the Peck incident and is better prepared to handle Quillin’s case.

If Quillin is not fired Monday, she will remain on paid administrative leave, spokesman Bud Cranor said.

Quillin has been on paid administrative leave since July 12, when she notified the city she was ready to return to work after spending more than a month in an alcohol-related rehabilitation program. Cranor said Quillin used vacation time and sick leave while she was receiving treatment.

Quillin’s trial will start Sept. 27, when she will face charges of driving under the influence, hit and run, and having an open container of alcohol in her car.