Reno City Council members on Wednesday voted to spend $75,000 in the defense against Councilmember Jenny Brekhus’s lawsuit against the city.
This comes shortly after the city was forced to hire outside representation against another complaint filed by Brekhus alleging she was the victim of retaliation.
While lawsuits against the city are typically handled by the city attorney’s office, in this case due to Brekhus’s affiliation with the city and her allegations, the city attorney’s office determined there would be a conflict of interest if they were involved.
Instead, outside legal services were sought by Dickinson Wright for representation.
An investigation was held after Brekhus alleged that City Manager Doug Thornley retaliated against her after she filed a complaint stating she witnessed Thornley drinking on the job in November 2021.
An outside firm was hired to investigate the claims, which found that there was no evidence to substantiate any of Brekhus’s claims but that, in fact, Brekhus had created a toxic work environment in her treatment of city staff.
Now, Brekhus is focusing on actions by Norma Santoyo, the city’s director of human resources.
The lawsuit again alleges that Brekhus’s complaint against Thornley resulted in retaliation against her by barring her from meeting in person with a city employee on Oct. 3, 2023. Brekhus then asked human resources for a special administrative hearing regarding the alleged retaliation on Nov. 1, 2023.
On Nov. 21, 2023, Brekhus was told by the city’s external counsel that her hearing request was denied because it was “untimely.” The lawsuit argues that Director Santoyo had a lawful duty to hold a hearing and, in failing to do so, “acted arbitrarily and abused her discretion.”
While the substance of the lawsuit itself was not discussed, council members discussed the approval of a $75,000 expenditure to hire outside legal representation to handle the lawsuit.
The city holds that Brekhus’ request for a hearing was denied because she did not file the request within a certain timeframe, which Brekhus denies. During discussions, Councilmember Meghan Ebert asked how Brekhus was supposed to know there was a time limit when filing her request.
Vice Mayor Naomi Duerr said that Brekhus is one of the longest-serving council members, and generally, “the burden is on the person who feels aggrieved.”
Councilmember Devon Reese said he supported hiring outside counsel, though he “does not like spending the taxpayer’s money on … frivolous litigation.”
Reese said Brekhus has chosen to sue the city of Reno, and because they cannot use the services of the city attorney’s office, they have no choice but to retain outside counsel. He stated that following the investigation, it was determined that the allegations against Thornley were without merit and that Brekhus had created a “hostile and degrading workplace environment and created a situation that resulted in some liabilities to the city.”
Reese said he hoped to recoup fees and costs at the end of the lawsuit.
Mayor Hillary Schieve, who attended the meeting virtually, said the situation is “unfortunate,” especially because the city has already had to hire outside counsel for Brekhus’ previous complaint and now “here we are for round two.”
Ebert said she was not ready to support the item because she felt city staff had a responsibility to inform Brekhus of her rights and to make sure that procedures were followed.
“It’s free to have a hearing, it’s $75,000 to move forward with [a lawsuit], especially if we don’t know if she was properly represented,” Ebert said.
Thornley clarified that a hearing incurs its own fees, including hiring a hearing officer.
The motion was passed 5-1 to hire outside representation in the amount of $75,000 with Brekhus abstaining and Ebert voting against the motion.
Correction: The original version of this story attributed questions of city procedure and timeline for appeal to Councilmember Kathleen Taylor. Those comments were made by Councilmember Meghan Ebert.
In other items:
- A contract was awarded to CTR Roofing for the National Bowling Stadium for $143,580 to repair a roof failure and subsequent leaking.
- A zoning amendment was approved for the Heiser development, which includes a proposed 750 multi-family units and 100,000 square feet of commercial space along with 51 acres of restricted open space in the area of I-80 and Robb Drive. Zoning was amended from Large Lot Residential (LLR-1) to Specific Plan District (SPD). Prior to council action, the Planning Commission recommended approval.
- Threlkel Street will be renamed Cares Drive due to its association with the Nevada Cares Campus. The Regional Street Naming Committee recommended the name change.
- The city’s new sidewalk vendor ordinance was adopted to conform with Senate Bill 92 following a second reading. SB92 was approved during the 2023 Nevada Legislative Session.
- Council authorized the city manager’s office to appoint an interview panel to evaluate Construction Manager at Risk (CMAR) applicants for the new Reno Fire Department Central Station Project in downtown Reno. The Central Station, at 455 E. Second Street, will be three stories along with seven apparatus bays and 80 parking spaces. The final design of Central Station is anticipated to be completed in 2026, with construction of the facility beginning in 2027.
- The Lake Mansion, 250 Court Street, was approved to be added to the Reno Register of Historic Places, amending its zoning from mixed-use to Historic Landmark. The Historical Resources Commission recommended the change. The commission found that the Lake Mansion is significant as the last surviving building associated with Myron Lake, who is “generally considered to be the founder of Reno.” Lake purchased the home in 1879 for his wife, Jane, who lived in the house with her children from 1884-1889 following her husband’s death. The Lake Mansion is owned by Arts for All Nevada, and the land is owned by the city.
