County could appeal ruling that nullified vote to cut raises

Clark County commissioners will consider next week whether to appeal a judge's ruling that nullified their June vote to reduce most prosecutors' pay raises.

County officials Tuesday were waiting for a written order from the courts that would give them a better idea of whether they should advise commissioners who meet next week to appeal District Judge Michelle Leavitt's ruling.

Leavitt ruled last week that the commission broke a labor agreement when it reduced cost-of-living raises for prosecutors to 1 percent from 3 percent without the bargaining team's approval.

"Under statute they're not allowed to change the terms of our employment without negotiating with us," said Pam Weckerly, president of the Clark County Prosecutors Association.

County leaders failed to sit down with the prosecutors' team the way they did with the police and county employees' unions, even though prosecutors offered a half-dozen different concessions, Weckerly said.

The county contends there is no bargaining agreement to break.

No contract was ever forged between the county and prosecutors that calls for a 3 percent cost-of-living raise, so commissioners had the authority to approve a smaller raise, said Don Burnette, chief administrative officer.

The reduced raise would save the county an estimated $311,000. Prosecutors can still receive up to 5 percent in merit pay raises in January.

Burnette said he wanted prosecutors, some of the highest-paid county employees, to make the same sacrifice as rank-and-file workers: a 2 percentage point cut in this year's cost-of-living bump. None of the union's offers would have accomplished that, he said.

If the county accepts the judge's ruling that prosecutors are entitled to a 3 percent pay raise, the question will be how much prosecutors will give up to help the county in dire times, according to Burnette.

About 125 prosecutors have the two years of experience required to qualify for 3 percent raises. Those with less than two years get a 1 percent wage increase.

The lowest prosecutor's salary is $67,000 and the highest is $182,400, counting longevity pay.

That compares favorably with Washoe and San Bernardino counties, where attorneys' top salaries average $126,400 and $138,000, respectively, Burnette said.

Burnette argues that labor disputes should be resolved through the state labor relations board rather than in court.

If the county wants to get the case in front of the labor board now it must file an appeal with the state Supreme Court, he said.

Contact reporter Scott Wyland at swyland@reviewjournal.com or 702-455-4519.