Las Vegas Sun

March 29, 2024

North Las Vegas refuses to pay for lawsuits

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Wade Wagner

North Las Vegas refuses to foot the bill for lawsuits Councilman Wade Wagner and former Mayor Mike Montandon filed against the city in June over a new election.

Wagner is asking for more than $72,000 in attorney’s fees. Montandon, along with North Las Vegas resident Jay King, claims the city should pay $40,000 for a joint lawsuit that halted a special election in Ward 4.

Wagner won the Ward 4 general election against former Councilman Richard Cherchio by a single vote. The Clark County Elections Department later found one invalid vote. The Council voted to hold a new election in Precinct 4306, where the one invalid vote was cast, which prompted Wagner to sue the city, joined later by Montandon.

According to court documents, North Las Vegas has filed an opposition to Wagner’s request, stating that the Council had the right to vote for a new election and that Wagner’s attorney, Todd Bice, stated in open court that he was “not getting paid” and was representing him because he “believed in the cause.”

The city also claims Wagner’s request is “absurd” because a special election would have only cost taxpayers $2,000, instead of the $72,000 and more Wagner is asking for.

Bice said that although he was working pro bono, it doesn’t mean Wagner cannot seek to recover attorney’s fees.

“We will seek them for having to deal with this. They are the ones who caused this,” said Bice. “The city did not have the legal authority to deprive him of the office.”

Bice also claims the city did a disservice to citizens when it voted on matters without a Ward 4 councilmember while the legal issues were being sorted out.

Clark County District Judge Elizabeth Gonzales barred the special election, instead requiring the Council to canvass the votes of the general election. Wagner was sworn in as councilman July 18.

The city also refuses to pay for Montandon’s lawsuit, claiming it resolved any open meeting law violation, an accusation in his original lawsuit, and that he filed the request for attorney’s fees after he consolidated his lawsuit with Wagner’s.

The city is offering to pay Montandon’s legal fees from before June 30, a total of $12,852.50, for an open meeting law violation in which the city did not make it clear that the Council would be discussing a new election on their agenda.

But Montandon’s lawyer Mark Hutchinson says it’s a little too late for that. He said he offered to settle for the $12,852.50 after the judge issued the temporary restraining order blocking a council meeting on the election but that the city never got back to him.

“We think the city of North Las Vegas’ actions caused Mr. Montandon to retain council and should reimburse the entire amount,” said Hutchinson. “Judge Gonzales found, in fact, that they had violated the open meeting laws.”

It’s not clear how much money the new lawsuits will cost the city, but Mayor Shari Buck told the media in July that former Councilman Richard Cherchio’s Ward 4 election challenge cost the city over $100,000, calling it “unfortunate.”

The financially challenged city plans to lay off 21 employees and possibly close recreation centers to close a $4.4 million hole in its budget. Mayor Buck has promised residents that concession agreements with the Police Supervisors Association and Police Officers Association will prevent the closure of community centers in October.

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