Open-meeting law unfairness alleged

Friday, Sept. 10, 2004 | 9:01 a.m.

CARSON CITY -- Douglas County District Attorney Scott Doyle is suing state Attorney General Brian Sandoval, charging that Sandoval is using a double standard in enforcing the open-meeting law.

Doyle, who filed the lawsuit Sept. 3 and issued a press release Wednesday, is striking back after the attorney general's office said Douglas County violated the law by failing to provide adequate information on an agenda item.

Doyle says Sandoval ignores violations of the open-meeting law by state agencies while at the same time imposing a stricter standard on local governments.

As an example, Doyle said the state Board of Examiners, which is made up of Sandoval, Gov. Kenny Guinn and Secretary of State Dean Heller, posts an inadequate notice of what business it is going to transact.

"At its June 8, 2004, meeting the board voted to approve 155 contracts totaling over $268 million without describing any of the goods or services that were being purchased by the state," the suit says. In a press release issued Thursday, Doyle said that "violates the notice requirements the attorney general has placed on local government."

Tom Sargent, Sandoval's spokesman, said the office has not been served with a copy of the suit but added, "We have been even-handed in investigation and prosecution of the open meeting law." He said the state agencies are not treated any different than local governments.

"The record indicates we have been fair and objective about pursuing these complaints," said Sargent, who added that Doyle did not even give the attorney general's office the courtesy of notification before he went to the press.

The dispute is over a complaint filed with the state Attorney General's Office by Douglas County resident Robert Allgeier over the agenda notice on the Feb. 19 county commission meeting. The agenda said the commission would be involved in "discussion and possible action on Status, Process and Potential Projects for State Lands Question 1 Bond Funding."

The issue involved the county asking the state for money for conservation projects.

Doyle said the attorney general sent a letter to Douglas County saying the open-meeting law was violated because it did not give enough details on the agenda for the public to know what was going to be discussed. Sandoval said his letter would be used in civil or criminal proceedings if further violations occurred.