Legislative counsel to review demotions

Thursday, Feb. 19, 2004 | 10:18 a.m.

CARSON CITY -- The chief lawyer for the Legislature has been directed to determine if the university regents followed the law in demoting the president and a top official at the Community College of Southern Nevada.

Sen. Randolph Townsend, R-Reno, chairman of the Legislative Commission, said Wednesday that Legislative Counsel Brenda Erdoes would review the actions of the regents in demoting president Ron Remington and lobbyist John Cummings.

Remington and Cummings were demoted after a closed-door meeting of the regents for allegedly pushing for a four-year program at CCSN without approval of the regents.

There was also disagreement at the legislative meeting whether the regents violated the state's open-meeting law, as alleged by Attorney General Brian Sandoval.

Thomas Ray, general counsel for the system, told the committee that he relied on past opinions by the attorney general's office and the open-meeting manual published by that office in advising the regents.

He told the committee there has been an "extreme departure" by Sandoval from prior legal opinions and court cases interpreting the law. Sandoval quickly denied the allegation.

Outside the meeting, Ray said the attorney general's manual allows "deliberations" to take place in the meeting. There is nothing in the manual that those under investigation have to be in the meeting, he said.

Ray may have some support from Erdoes, who has written an opinion for Townsend on the actions of the attorney general.

Erdoes said the question whether the regents violated the law by deliberating in closed session "is arguably not clearly supported by the manual."

Townsend said it will be up to the district court to determine if the open-meeting law was violated. The commission authorized the start of the draft of a bill to make changes in the open-meeting law if they are required.

The legislative commission also considered the issue of the regents ignoring a law that allowed lower tuition for those who have been in the state for six months. The policy of the regents has been to require a student to be in Nevada for one year before getting the in-state tuition rate.

The regents have changed the policy but are still not sure what to do about the possibility of rebates.

Townsend said the university system could have to refund up to $4.6 million to students from payments over the past nine years. He said he has asked Erdoes to review the legal responsibilities of the university to these past students.

University system chancellor Jane Nichols said the system is consulting with the attorney general's office and the legislative counsel about refunds. She said the university cannot use general taxpayer money. There may be a three-year statute of limitations, she said.

She said any payback would have to be approved by the Legislative Interim Finance Committee or the Legislative Commission.

The regents will consider the issue at their March 18-19 meeting in Las Vegas.