Regents cost-cutting measure may trample Open Meetings law

Wednesday, Jan. 19, 2000 | 12:02 p.m.

Regents Secretary Suzanne Ernst announced earlier this month that support material would be available for review, but no longer mailed out due to the high cost of mailing and copying.

She said support material will be available for review at the libraries of the state's two universities and four community colleges as well as the Reno and Las Vegas system administration offices.

"We don't have the staff and resources to keep doing this," she said. "We are understaffed for the work that is required."

The supporting material averages up to 11,000 pages and the cost to mail and prepare them is over $75,000 annually, she said.

Of the 200 people on the old mailing list, only about 50 will receive the supporting documents in the future, including the regents, staff, campus presidents and related personnel.

Ernst cites a provision of the Nevada Open Meeting Law (NRS.020 3b) that states that only a meeting's notice or agenda is required to be sent to those who request it.

But Kent Lauer, executive director of the Nevada Press Association, said there is another provision of the open meeting law (NRS 241.020 4c) that does require copies of support materials be made at no cost to those who request it.

The provision states, "Upon any request, a public body shall provide, at no charge, at least one copy of any other supporting material provided to the members of the body for an item on the agenda, except materials: Submitted to the public body pursuant to a nondisclosure or confidentiality agreement; pertaining to the closed portion of such a meeting of the public body or declared confidential by law."

"Based on a strict reading of this policy, I don't believe they are adhering to the spirit of the open meeting law," Lauer said.

"The law states they must provide a copy at no charge - not just make it available for review at a counter," he said.

Lauer said the policy would make it difficult for citizens living in more remote areas of the states who may have to travel a distance to view the materials. He cited six of the eight locations where the support materials are available are in Reno or Las Vegas and questions what recourse there is for residents of Winnemucca.

"I would hope they would mail this material who cannot go to one of those eight locations for whatever reasons," he said.

According to Vicky Oldenburg, Nevada deputy attorney general, citizens may request copies support material at no cost.

Regent Mark Alden of Las Vegas said the policy was an internal decision that he and other regents approved and said he realized it was a complicated issue.

"I don't know how to solve it," Alden said. "We have no funding The Legislature doesn't fund us very well."

Regent Steve Sisolak of Las Vegas said he thinks that the university system should be finding ways to cut its costs, however he said, "If someone requests material to be copied, then we should provide it."