Las Vegas Sun

March 28, 2024

Judge rules regents violated open-meeting law

District Judge Jackie Glass ruled Monday that the university Board of Regents violated the state's open-meeting law during closed personnel sessions in November, and that all of the actions the board took during those meetings are "null and void."

Richard Linstrom, of the state attorney general's office, who will draft a ruling for Glass to sign, said the decision effectively negates the regents' demotions of Community College of Southern Nevada President Ron Remington and lobbyist John Cummings.

"It undoes whatever they did," Linstrom said. "It makes the firings void."

But Glass did not say whether Remington and Cummings were reinstated. She sidestepped the question of whether a second vote in December not to rescind the November decision was valid and issued a statement late Monday emphasizing her ruling "partially granted" the attorney general's request.

Remington and his supporters, including Assemblywoman Chris Giunchigliani, director of government relations at CCSN, were jubilant in the court hallway after the decision, claiming the ruling as a victory and making jokes that Remington was "late for work" and that he should attend the CCSN presidential cabinet meeting scheduled for that afternoon.

If Remington is reinstated, the community college technically would have three presidents -- Remington, Interim President Paul Gianini Jr. and newly hired president Richard Carpenter, who is scheduled to start Aug. 1.

Glass ruled the regents violated open-meeting law by going "above and beyond" merely discussing the character and conduct of employees and instead deliberating and forming a consensus on what action to take during the Nov. 17 and Nov. 20 closed personnel sessions. Glass also ruled that regents violated the open-meeting law by taking action against individuals without listing the people on the agenda.

"The regents should have erred in favor of openness," Glass said during Monday morning's hearing. "They erred in discussing people and taking action against people not noticed on the agenda. Therefore, all of the actions taken by the Board of Regents are null and void."

However, Glass ruled the regents did not violate the open-meeting law when they voted in closed session that then-Chancellor Jane Nichols could remain in the meeting. She also ruled that the regents' agendas for those meetings were not in violation of the law.

Glass also did not address in her ruling whether or not a December regent's meeting cured the violation by allowing Remington and his supporters to speak. Regents declined during that meeting to rescind the November demotions by a 7-6 vote.

District Court spokesman Michael Sommermeyer said Glass may have intentionally left the decision whether to reinstate Remington and Cummings up to the regents.

"All she ruled is that they (regents) did violate the open-meeting law," Sommermeyer said. "It's now in the regents' court as to what to do next."

Interim Chancellor Jim Rogers and the majority of university regents declined to comment on what that next step will be, saying they wanted to first see the written order signed by Glass and and talk to system attorneys Tom Ray and Walter Ayers.

"I only just heard about the decision," Rogers said. "It potentially has all sorts of different meanings, and I'm not going to second guess this judge until I get this order."

Regent Linda Howard, the only regent to attend the Monday hearing, said the judge's order was clear to her and that she hoped the board reinstated Remington.

"I think the judge finally realized that every citizen has a fundamental right to due process," Howard said, adding that the Board of Regents is "stupid when it comes to the open-meeting law."

Regent Jill Derby said she was surprised by the decision, but said she believed the board should -- and would -- stick with its original decision to demote Remington and Cummings.

"We've moved ahead in a very positive way for the college in identifying new leadership that we think is the perfect fit," Derby said. "I would not go back and take the college back to where we were."

Other regents would not comment on whether they would vote to demote Remington and Cummings today.

Attorney General Brian Sandoval said if the regents still want to demote Remington and Cummings, they must do so in compliance with the open-meeting law.

Linstrom said he was satisfied with Glass's ruling.

"We got the remedy we were looking for and we're perfectly happy to leave things alone unless the regents appeal, and then that opens up a whole can of worms," Linstrom said.

Kathleen England, Remington's attorney, said she hoped to get attorney's fees and better resolve the remaining issues in the case at an upcoming June 21 hearing before Glass.

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