Official questions legality of initiative

Dan Kulin

Friday, Dec. 6, 2002 | 9:51 a.m.

The North Las Vegas city attorney says City Council meeting policies cannot be changed by a ballot initiative, as is proposed in a petition that would have voters decide in April whether residents should have more say in council meetings.

City Attorney Sean McGowan said Thursday he will ask the council on Dec. 18 whether he should challenge the legality of the proposed ballot initiative in court.

"A ballot initiative is available only for legislative matters," McGowan said, adding that council meeting policies are really administrative rules, not laws.

The petition proposes changing meeting policies, including adding a second public comment time at the beginning of the meetings and allowing any resident or council member to put an item on the meeting agenda.

The petition to get the matter on the April 8 city primary election ballot has been certified, City Clerk Eileen Sevigny said Thursday.

In a typical ballot initiative, after the petition is certified, the council is forced to consider the proposed law. If the council adopts the proposed law, then the petition is adopted without it going to the voters. If the council does not adopt the proposed law, then the matter goes to the voters in the form of a ballot initiative.

To comply with this process, the proposed law will be read into the record on Dec. 18, McGowan said.

If the council asks McGowan to challenge the initiative in court, he said he will report on the status of the case during the Jan. 2 council meeting.