AG to Appeal Ruling That Regents Didn’t Break Open Meeting Law

Tuesday, May 14, 1996 | 11:59 a.m.

Deputy Attorney General Robert Auer said Attorney General Frankie Sue Del Papa has directed him to appeal District Judge Janet Berry's decision to the state Supreme Court.

Berry late Friday threw out a lawsuit by the attorney general that alleged the regents broke the law in April 1995 by conducting a secret poll to criticize Regent Nancy Price of North Las Vegas.

"It is our position that the statute clearly prohibits the use of electronic devices to frustrate the open meeting law," Auer said. "The regents used electronic devices to make a secret decision."

The open meeting law requires public bodies, when they meet in a quorum, to conduct their business publicly.

Berry ruled the poll requested by James Eardley, then chairman of the regents of the University and Community College System of Nevada, didn't violate the open meeting law because regents were sent faxes and polled individually by telephone over a 12-hour period.

If they had voted during a telephone conference call, then Berry said her decision would have been different.

Auer said he fears other public bodies could use a series of telephone calls or even e-mail as a loophole to get around the law.

The Nevada Press Association board of directors voted Monday to side with the attorney general by filing documents with the Supreme Court in support of her position.

"The judge's decision, not only weakens the law, it completely disregards the entire foundation of the law and basic democratic principles of open government, said Kent Lauer, executive director of the association.