Closed meeting called in NLV as tension grows

Diana Sahagun

Tuesday, Oct. 31, 2000 | 11:06 a.m.

North Las Vegas City Council members will meet behind closed doors Wednesday to discuss allegations that City Manager Kurt Fritsch is violating policy and has broken the state's open meeting law.

Councilman John Rhodes has accused Fritsch of polling council members outside meetings on a new travel policy that tightens approval for members' trips. He also accused Fritsch of not following the new policy -- that accusation prompted the closed personnel session.

Rhodes, though, is facing heat of his own.

North Las Vegas Police have opened an investigation into whether Rhodes attempted to defraud the city when he turned in a receipt for city-owned property to his private insurance company after an alleged home burglary.

Rhodes also has been indicted on four felony counts of insurance fraud.

The tension began when the council adopted a new travel policy Sept. 6 that Rhodes claimed was aimed at him for political reasons. Several council members said they were left in the dark over Rhodes' travels and wanted greater accountability.

The new policy requires two other council members to sign off on travel plans before a trip can be taken.

At the Oct. 18 council meeting, Rhodes accused Fritsch of showing favoritism and violating the new policy. Armed with a travel expense sheet submitted by Councilman William Robinson for a Sept. 21 trip, Rhodes pointed out that although the trip was taken after the policy went into effect, there were no signatures on the sheet.

"Is this not in violation of the travel policy?" Rhodes said. "I don't appreciate having favoritism being shown to the policy."

Robinson scoffed at Rhodes' comment, saying, "What are you suggesting? Should I pay the money out of my own pocket?"

Fritsch said he believed Robinson had his travel plans approved before the new policy went into effect, but Rhodes asked City Attorney Sean McGowan to investigate the matter.

At an Oct. 4 council meeting, Rhodes asked for an attorney general's investigation into whether Fritsch violated the open meeting law.

Robinson stormed out of the meeting, calling Rhodes' accusations "petty."

Rhodes said Fritsch called him before the travel policy was discussed and told him the council had decided it was going to be changed.

"I asked him who he had spoken with, and (Fritsch) said he had spoken with everyone and it would be on the next agenda," Rhodes said.

Rhodes said he suspected decisions were being made collectively by other council members outside a public meeting and that the council members were polled by Fritsch.

Rhodes points to a portion of the open meeting law that discusses serial communications, which is the gathering of less than a quorum of a public body.

According to the law, "Serial communications invite abuse to the open meeting law if they are used to accumulate a secret consensus or vote of the members of a public body, or to set up what is sometimes referred to as a 'walking quorum.' "

According to the statute, under certain circumstances serial communications could rise to the level of meetings if they are used to accumulate walking quorums that take actions behind closed doors.

Mayor Michael Montandon explained the tension as the start of the "silly season," with city elections coming up in May.

"Right now, everyone is just lining up -- who's on whose side," he said. "It doesn't really matter what the issue is. November elections pretty much mark the start of campaigning."

Both Montandon and Councilwoman Shari Buck said the accusations in recent weeks have been over petty issues. They also maintain that city is diligently following the open meetings law.

Councilwoman Stephanie Smith said it's too early to gauge Fritsch's progress as city manager, but agreed that the closed personnel session will give the council members a chance to air their concerns. Fritsch has been in the job since April.

When asked if he polled council members or gathered a secret consensus relating to the travel policy, Fritsch said "absolutely not."

"I was approached by several council members who said they wanted the travel policy to be changed," he said. "I don't poll them on their position, and I am not trying to necessarily count votes."