Panel to seek changes to open-meeting law

Dan Kulin

Tuesday, Aug. 24, 2004 | 11:11 a.m.

A committee of state legislators agreed Monday to recommend changes to the state's open-meeting law in response to university system Board of Regents' problems following the statute in the past year.

The six state lawmakers voted to submit a bill draft request for the 2005 Legislature that would include:

Employment contracts would be among the documents that must be made available to the public, a point made in response to the regents' attorney refusing in May to release a proposed employment contract for Interim Chancellor Jim Rogers to the Las Vegas Sun.

The committee's name is long, but specific: the Legislative Commission's Subcommittee to Review the Open Meeting Law as Related to the Board of Regents. It was born out of the regents recent clashes with the media and attorney general's office over the open-meeting law.

A District Court judge ruled the regents violated the open-meeting law in their Nov. 17 and 21 closed-door meetings that led to the demotions of then Community College of Southern Nevada President Ron Remington and lobbyist John Cummings.

The regents also came under fire from the attorney general's office when university system lawyer Tom Ray refused to release Rogers' proposed employment contract.

The regents on Friday had voted to settle their differences with Attorney General Brian Sandoval by approving an agreement in which the regents promise to abide by the law in the future, and institute new policies to guard against future violations.

Rogers told the committee on Monday that the open-meetings law and advice on the law he has received from Attorney General's Office have not been clear enough, and left him with regents who are "scared to do anything."

Committee Chairman Sen. Warren Hardy, R-Las Vegas, said the committee's intention is to clarify the open-meeting law, not change its general rules.

Toward the end of the 2 1/2-hour meeting, Regent Mark Alden told the committee members they would "go along with the recommendations."

"You're doing good work. Keep it up," Alden said as he and Rogers left the meeting.

The committee members unanimously supported the requirement that documents given to elected officials before a public meeting also must be made available to the public.

The Sun's open-records request for Rogers' contract as interim chancellor was filed before the May 7 meeting in which the regents hired him prompted the change. University system counsel Tom Ray had denied access to the contract, saying it was a draft document and not ready for release.

Hardy said that while the law clearly requires that the backup or supporting material given to the boards must be made public, the existing law doesn't say when that information has to be released.

Deputy Attorney General Neil Lombardo, who attended the Monday committee meeting via video conference from Carson City, said his office has long maintained that such material must be made available to the public when the elected board members receive it, so his office would support that amendment.

Committee members and Rogers talked about how some discussions, most notably those about lawsuits, need to be private so they don't give up legal strategy.

Deputy Attorney General Neil Lombardo said the law allows for such discussions, but prohibits an elected body from taking action or voting during closed meetings, including votes on lawsuit settlements.

Hardy said an elected body should have to either summarize their closed-door discussions or give a brief explanation for whatever decision they make. For example, he said, a board would say if its members are choosing to fire an employee for insubordination, theft or incompetence.

His fellow committee members agreed, but Hardy said exactly what would have to be disclosed following a closed-door meeting will be worked out during the upcoming Legislative session.

The committee recommendations will go to the 2005 Legislature, where Hardy and fellow committee member Sen. Terry Care, D-Las Vegas, said they expect the open-meeting law will be a topic of much discussion.

Hardy said there are already 10 bill draft requests on changes to the open-meeting law, including one from him and another from Care.

Hardy is hoping for a law to require all state executive agencies, such as the regents, to have a representative from the Attorney General's Office at their meetings to advise them on open meeting law issues.

Care said his bill draft request is still a work in progress, but he said ultimately he wants to push for a law that would eliminate most closed-door meetings.