Supreme Court sides with regents

Friday, March 9, 2001 | 12:06 p.m.

CARSON CITY -- In a 4-3 decision, the Nevada Supreme Court ruled today that interviews with candidates for the presidency of the Community College of Southern Nevada can be held in private.

The court said the president is not a "public official" as defined by law and that the search committee of regents could hold the closed meeting to discuss the character and professional competence of the applicants. But the vote must be held in open session.

The decision overturned the ruling of District Judge Michael Douglas, who ruled in favor of the Las Vegas Review-Journal, which had sued to stop the closed session. The search for the president was suspended until the court ruled.

Nevada's open meetings law allows executive sessions to consider the appointment or dismissal of a public officer. But the law doesn't define who is a public officer.

The court, in the majority decision written by Justice Bob Rose, said a public office is created by law and the laws are created by governments. The position of community college president was not created by any law, said the court. It was created "administratively by the (regents) board, and the board can as easily abolish the position or substitute another for it."

The court said, "The newspaper has not established that the position of community college president meets the first statutory requisite of a public officer: namely that the position was created by state constitution or statute, or by a charge or ordinance of a political subdivision of the state."

Rose said, "Second, the newspaper does not explain how UCCSN qualifies as a political subdivision of the state with the authority to establish a public office by charter or ordinance."

Rose said the university contends the president is also not a public officer because he or she is "wholly subordinate" to the regents, does not formulate policy and can spend public money only according to a budget set by the regents.

The president, the university contends, has not been entrusted by law with any of the sovereign functions of the government.

Agreeing with Rose were Justices Miriam Shearing, Deborah Agosti and Nancy Becker.

The dissenting opinion, written by Chief Justice Bill Maupin, said the university system and its governing board comprise a political subdivision and its bylaws establish the position of community college president. "These documents serve the same purpose as a municipal body's charter and I consider them to be sufficiently analogous to conclude that the position at issue meets the first statutory requisite of a public officer."

The minority opinion said the president also meets the definition of a public officer because he has "been entrusted by law with a significant part of the state's sovereign functions of higher education."