Lawsuit will delay selection of CCSN president till 2001

Friday, Oct. 20, 2000 | 10:55 a.m.

CARSON CITY -- Selection of a president for the Community College of Southern Nevada will probably be delayed until next year because of a lawsuit that stopped closed-door interviews with the applicant, the university's chief lawyer said Thursday.

Counsel Tom Ray of the University and Community College System of Nevada told a meeting of the Board of Regents the suit has broader implications than just the state's open meeting law. And he said he's ready to file his appeal to the Nevada Supreme Court as soon as a district court order is signed.

Regent Howard Rosenberg of Reno said, "This whole thing is suspect. It's hurts an institution and it's hurting the students.

"This is wrong," said Rosenberg talking about the suit filed by the Las Vegas Review-Journal that challenged a search committee that wanted to hold closed-door meetings to interview the applicants.

The newspaper secured a court order to stop the closed-door interview on grounds it violated the open meeting law. It won in district court, and Ray said he's ready to begin an immediate appeal. But he said attorneys for the newspaper have not prepared the final order yet.

Without a final order, he can't file an appeal. Once he files his appeal, he will ask the Supreme Court for expedited handling.

Asked when the interview process might resume, Ray said he doesn't expect any ruling from the court until early next year.

The key issue, Ray said, is whether the presidents of the universities and community colleges are public officers. He takes the stance that they are not, because their jobs are not created in the Nevada Constitution or in the state law. Their duties also are not defined in state law.

But District Judge Michael Douglas ruled the presidents are public officers and can't be interviewed about their qualifications in private.

The practice of private interviewing has never been challenged in the past, Ray said. If the presidents are considered public figures, then they might have to file yearly financial disclosure statements. Ray said he is researching the law to see what other things they may be required to do.

Regent Steve Sisolak of Las Vegas asked why the regents shouldn't go ahead and interview the candidates in public, while at the same time appealing the ruling. But Ray replied that action would make the appeal moot, and no decision would be given.

Rosenberg said the meetings are closed to protect the candidate. "They can't speak freely," he said. "They may not be as forthcoming."

Regent Dorothy Gallagher of Elko said in addition, search committee members in an open meeting "may not ask what they want."

Under questioning by regents, Ray said that if the newspaper won, it would "not be a big stretch" to have the open meeting law apply to other top officials in the university system, who could not be interviewed in private. That is not the issue in this case, he said. But someone may file another suit to widen the definition of public official.

The regents also gave Ray authority to hire two more lawyers because of the growing amount of litigation. Ray said he needed one lawyer to handle lawsuits solely on the fire science academy in Carlin, which was closed in disputes over construction and the environment.

If the university loses that suit, it could cost $22 million in a worst-case scenario, officials said.

The regents said one lawyer would be paid by UNLV and the other by University of Nevada, Reno. Ray hoped to find candidates for about $90,000 a year.

In other action, the regents:

The dedication coincides with the 50th anniversary of the Nevada Test Site. Troy Wade, one of the promoters of the project, said it would be a world-class display of artifacts and documents and should open in 2002.

Under questioning by Regent Chairwoman Thalia Dondero, Wade said the project is "not connected at all with the Yucca Mountain project," where a study is being conducted to bury high-level nuclear waste.