Editorial: The public’s right to know

Friday, Nov. 24, 2006 | 7:03 a.m.

After a Carson City judge ruled in October that the Nevada Tax Commission did nothing wrong by meeting behind closed doors to give an out-of-state utility a $40 million tax break, the commission has been busy.

Commissioners voted to reaffirm the decision, and have since set a public hearing for next month to discuss proposed regulations that will help them adhere to the Carson City court's ruling.

The commission is moving with more than a little bit of chutzpah given that an appeal by the state attorney general's office is pending in the state Supreme Court, which could overturn the lower court. (Apparently the commission is confident that its attorney, Thomas "Spike" Wilson of Reno, who has been paid more than $400,000 of taxpayer funds to represent it, is going to win.)

We find it troubling that the commission has rushed ahead because this is a very important matter. We still don't know why the commission, which hears taxpayer appeals, gave the refund to Southern California Edison. The commission has argued, and a judge agreed, that the reason is protected by the confidentiality given to the taxpayer.

We find it hard to reconcile that with either the letter or spirit of the state's open meeting law. We certainly understand the need to protect proprietary information, including financial figures, that could give a business' competitor an advantage, but we have yet to understand how the commission can keep its reasoning secret.

To its credit, the commission has proposed a regulation that would give some insight into its reasoning. The proposal would allow the commission to meet and vote behind closed doors but would require the commission to meet in public after the vote, state the motion and the chairman would poll the members on their vote.

That's a good start, but it still cowers from the minimum of what should be revealed, such as a clear description of the appeal and the amount, if any, of the decision.

We don't see how that would violate anyone's confidentiality. It's only logical that there should be a public record of why the commission takes these actions so the public can see any patterns or any tax decisions that may affect them.

The Tax Commission needs to quit thinking about what it can keep private and instead make every effort to reveal all that it can publicly.