Editorial: Enough is enough

Sunday, June 17, 2007 | 7:02 a.m.

T he Nevada Tax Commission has arrogantly dismissed a new law that was designed by the Legislature to force the commission to deliberate in public.

In a pleading filed in the state Supreme Court this month, the commission's private attorney, Thomas "Spike" Wilson, said Assembly Bill 433 allows the commission to continue holding its secret meetings and deliberations. The law, he said, allows the commission "to take straw votes in closed session, which is a process that is vital to the deliberations of the commission."

Wilson and the commission must have slept through the legislative session. The whole purpose of the bill was to bring the commission's actions in to the open. It was a reaction to the commission's 2005 closed-door decision to give Southern California Edison a $40 million rebate, which prompted the state attorney general's office to file a lawsuit alleging a violation of the open meeting law. The case is now before the Supreme Court.

Lawmakers moved to clarify the law, and their intent was very clear: The Tax Commission must make its decisions in public. Commissioners say they must meet behind closed doors because they review proprietary or confidential information when they handle tax appeals.

The new law states that commissioners can hear that information behind closed doors but must deliberate in public. The one exception is if a commissioner believes he cannot have "meaningful deliberations" because of "concerns" about the proprietary or confidential information. Then it is back behind closed doors for debate. Expect a lot of concerns as commissioners apparently plan to flout the law when it takes effect July 1.

This law was designed to allow the public to see who gets the rebates and why. Transparency is a basic tenet of good government. What is the commission hiding? If the commission's decisions are just, why keep the meetings secret?

The commission is making a mockery of the Legislature by ignoring lawmakers' desire and the public demand for open government. It is time for the commission to obey not just the letter of the law, but the spirit as well , and keep its meetings public.