AG says Goodman breaks open meeting law

Sito Negron

Thursday, July 8, 2004 | 11:05 a.m.

Las Vegas Mayor Oscar Goodman has been breaking the state's open-meeting law, according to a June 24 opinion issued by the office of Nevada Attorney General Brian Sandoval.

Goodman's scripted remarks before the Las Vegas City Council's citizen comment periods breaks state rules because they appear to exclude people from talking about items on the agenda, the attorney general's opinion found.

The wording, typically spoken by the mayor at the end of the meeting and before the state-mandated public comment period, reads in the agenda: "If you wish to speak on a matter not listed on the agenda, please step up to the podium and clearly state your name and address."

The ruling was a response to a complaint from Tom McGowan, who regularly attends council meetings and who tried to speak on an item during the Feb. 5, 2003, meeting. Mayor Oscar Goodman would not let him speak. McGowan argued the point, and Goodman ordered a marshal to escort him out.

The attorney general found the wording prevents people from speaking.

"We take issue obviously in our conclusion with the policy of public comment," said Tom Sargent, spokesman for the attorney general's office. "We also want to point out with regard to Mr. McGowan ... we did caution council to be very careful when deciding to exclude members of the public from a public meeting.

"Now that we've gone on the record saying this won't be tolerated at a public meeting ... we feel that members of boards and commissions are kind of put on notice this is something to be concerned about and watch out for," Sargent said.

McGowan said he filed the complaint "In the interest of justice and preservation of the integrity of government ... I did it for you, me, them, everybody."

City Attorney Brad Jerbic said he would meet with the mayor and city clerk to discuss the city's policy "so it is consistent with the attorney general's opinion."

However, he said, "we have never viewed the language regarding citizen participation as excluding citizens from speaking about items listed on our council agenda."

Goodman said "there may have been a misunderstanding," but the city does not restrict public comment to non-agenda items.

He referred to the issue at the end of Wednesday's meeting.

"I want to make something very, very clear," Goodman said. "I want the record to reflect it's always been the policy of this council during citizens participation if anyone wants to speak on anything they are welcome to. There's never been a limitation ... if they want to speak on an item that's already been ruled upon by the council."

Gary Peck, executive director of the state chapter of the American Civil Liberties Union, said the language implied otherwise.

"It doesn't take a rocket scientist to understand why he concluded that the public might construe the language to mean that people cannot speak to agenda items during the public comment section," Peck said.