Regent board disputes finding of open-meeting violation

Friday, April 7, 2000 | 10:18 a.m.

RENO -- The Board of Regents plans to ask Attorney General Frankie Sue Del Papa to retract her finding that the board violated the open-meeting law.

Chairwoman Jill Derby said Thursday she does not agree with the letter from the attorney general's office saying the board broke the open-meeting law in its closed session to consider the performance of Richard Moore, founding president of the proposed state college in Henderson.

"We want her to reverse her findings," said Derby, who directed the board's counsel, Tom Ray, to write a letter to Del Papa. "We didn't violate the law, or the spirit or intent of the law."

Deputy Attorney General Victoria Oldenburg, in her letter to the regents this week, said the board strayed in its private discussion about the character of Moore and got into topics such as the conduct of Regent Steve Sisolak and possible standards for the regents to follow.

They were obliged, Oldenburg said, to stick to the subject of Moore. She warned the regents that they would be sued if they violate the law again.

Ray said it was inappropriate for Oldenburg to identify that the session was held on Moore and that the other topics were discussed. He said the attorney general's office had access to the confidential files of the meeting and had no right to make some of it public.

"I've got a real problem with that," Ray said.

Regent Mark Alden disagreed with Derby and said he thought the attorney general's office made the right finding. Also, Sisolak said after the regents meeting Thursday in Reno that he felt the ruling was correct.

The closed meeting on Feb. 10 in Las Vegas was prompted by a public discussion on plans to begin the Henderson college. Sisolak expressed concerns that UNLV and the Community College of Southern Nevada may be shortchanged if a new college is started. Moore, in a public gathering, called Sisolak "an enemy of this project." Moore later apologized.

The regents called Moore on the carpet to discuss his character, alleged misconduct and competence. After the session, the regents gave a vote of confidence to Moore.

During the Thursday meeting, Regent Doug Hill of Reno complained that a regent, who was not identified, told a Las Vegas reporter about the secret meeting.

"That regent wanted to humiliate and injure Dr. Moore and wanted to damage the Nevada State College," Hill said.

He said the regents should not stand for the behavior of the one member. He said that conduct violates the rights of the employees, who are entitled to confidentiality in the hearings.

He refused to identify the regent, but he said other board members know who he is.

Alden and Sisolak denied they talked to a reporter. Sisolak said the only person he talked to was Del Papa in asking if the session was illegal.

Del Papa could not be reached for comment.