Boulder City suspends privilege to share reports

By Cassie Tomlin

Thursday, Nov. 6, 2008 | midnight

City Council members, the city attorney and city manager will not be sharing reports at the end of council meetings for a while, after the board voted Oct. 28 to suspend the privilege indefinitely.

The measure passed 4-1, with Councilman Travis Chandler voting a resounding "absolutely not." He called the decision a violation of free speech.

City Attorney Dave Olsen has asked the attorney general's office for an opinion about the legality of such reports and said he doesn't know when to expect a response. When it comes, the council will decide whether to return the end-of-meeting items.

Mayor Roger Tobler asked the agenda items be pulled following an Oct. 7 ethics seminar by the city's insurance company, when a representative said generic items are legal but not advisable, and they teeter on violating the Nevada Open Meeting Law.

Council members historically have used the time to talk about upcoming events, and the city attorney can update the city about lawsuits.

Chandler argued that the reports never result in board action — only discussion — and called the measure "a chilling effect on free speech."

He argued the First and Fifth Amendments trump state law.

The decision preceded a lengthy council report by Councilwoman Linda Strickland, who discussed a criminal complaint filed against her that was dismissed by the attorney general's office.

The public, other council members, City Manager Vicki Mayes and Olsen commented on her report, since it appeared on the agenda as any other item does.

Cassie Tomlin can be reached at 948-2073 or [email protected].