Las Vegas Sun

March 29, 2024

Lawmakers consider several bills designed to enforce open meetings

CARSON CITY -- Legislators considered a list of bills Monday designed to reel in the state Board of Regents, which has been accused of repeatedly breaking state open-meeting laws.

Sen. Warren Hardy, R-Las Vegas, said the bills mostly clarify the state open-meeting law because the Board of Regents found ways around it.

Hardy, who is chairman of the Senate Government Affairs Committee, said he hopes to "get very specific in the law so there's not that kind of wiggle room."

The problems largely stemmed from closed meetings the Board had over two Community College of Southern Nevada executives who were eventually demoted.

The Board also discussed legislation proposed by Assemblywoman Chris Giunchigliani, D-Las Vegas, who was then a CCSN employee.

Current state law allows public bodies to conduct meetings behind closed doors to consider the character, alleged misconduct, professional competence, or physical or mental health of a person.

Daniel Klaich, who recently became the chief counsel to the university system, said he welcomes clarification on the open-meeting laws.

Members of the Government Affairs Committee signaled an interest Monday in beefing up the laws but delayed action on the bills until a work session on Monday.

Proposals include:

It also gives courts the power to require people to comply with the subpoena or be held in contempt of court.

It also requires the subject of the meeting to be sent a list of topics that will be discussed.

The provisions are already in the law, but this bill would spell it out clearly for the Board of Regents, Giunchigliani said.

"No other board has had these types of behaviors and problems in interpreting the open-meeting law," she said.

Boards would also have to cite the reason for going into a closed session.

Sen. Majority Leader Bill Raggio, R-Reno, said he understood the intent of the law but wanted to ensure board members could have some conversation with their attorneys, even if they can't officially deliberate.

"The public body has to have some ability to do that," he said. "They can't just sit there and do nothing when the attorneys talk about the options."

The bill also stipulates that personnel meetings on high-level officials such as superintendents or university presidents would be open.

"I think that's the price you pay the higher you go," Care said.

And it requires that meetings on appointments also be held publicly, drawing some groups to complain that it might deter applicants who don't want their current employees to know they're sniffing around for a new job.

"I do have some mixed feelings on this," said James Richardson, who represents the Nevada Faculty Alliance. "I believe in open government, and yet I also believe in getting the top people into these posts."

Care said the public should know what's going on in high-level positions.

"I think you have an absolute right to observe your government at work," he said.

The board or members of the board also could be fined $5,000 for each violation of the open meeting law if they were convicted of violating the law within the past two years.

Some legislators said they support the idea but worry it would deter people from running.

"I just wonder if that would scare the heck out of somebody less affluent to be able to consider to run for a position," said Sen. John Lee, D-North Las Vegas.

Neil Rombardo, senior deputy Attorney General, said all that the Attorney General's office can do now is file an injunction against boards or prosecute people criminally, which requires the office to prove the public official willfully violated the open-meeting law.

"Our attempt here is to put teeth in the law," he said.

Klaich said he advises the Regents only to ask for clarification or expansion of information when they meet in closed sessions with their attorneys.

The policy, which he said was developed with the Attorney General's office, "does make the solicitation of information in a personnel session very difficult."

The bill also clarifies that boards cannot hold closed meetings to consider a matter related to an elected person.

The committee is set to discuss the bills in depth in a meeting Monday.

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