Las Vegas NowSuit Filed by Ex-Henderson Official Dismissed

Suit Filed by Ex-Henderson Official Dismissed

A U.S. District Court judge on Thursday dismissed a wrongful termination lawsuit filed against Henderson by former City Manager Mary Kay Peck.

But because Judge James C. Mahan dismissed Peck's claim against the city without prejudice, Peck and her attorney could amend their complaint under a different law or appeal the ruling.

Peck sued after the Henderson City Council fired her in April.

The council had claimed she mismanaged the city's finances and created a culture of fear at City Hall.

Peck filed the federal lawsuit seeking unspecified damages in May. She alleged the mayor and council members met privately in March and conspired against her before voting unanimously to dismiss her April 14. Peck also accused them of impugning her character and denying her the right to respond to allegations against her.

William Cooper, an attorney representing the city, had asked the court to dismiss Peck's lawsuit, saying the council members acted within their rights according to Peck's employment agreement.

But Peck's attorney, Norman Kirshman, argued the council could have dismissed Peck with 90- and 30-day written notices before the anniversary of her hiring but didn't. He said the city deprived Peck of her employment rights.

But Cooper said the written notice was just one option and that firing Peck without notice for cause was also outlined in the agreement.

Mahan ruled that Peck and Kirshman failed to prove their claim that the city acted in a way that deprived Peck of her constitutional rights.

"A simple charge of incompetence or intimidating co-workers does not rise to a claim under (federal law)," Mahan said.

Peck was Henderson's zoning and community development director before was promoted to become the city's first female city manager in October 2007.

A receptionist at Kirshman's office who refused to identify herself told The Associated Press on Thursday that Kirshman had no comment.

Cooper told the Las Vegas Sun that Henderson now just has to wait to see how Kirshman responds.

"If he wants to appeal it, then it goes up to the 9th Circuit Court for several years," Cooper told the newspaper. "If he wants to amend, then it will come back and the city will have a chance to move for dismissal again."

(Copyright 2009 by The Associated Press. All Rights Reserved.)