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1999 Open Meeting Law Opinions Nevada Attorney General Reports and Opinions 1 (1999)

handle is hein.sag/sagnv0038 and id is 1 raw text is: OMLO 99-01 Open Meeting Law: Under NRS 241.020(2)(c)(1), an agenda must include a clear and complete statement of the topics scheduled to be considered during the meeting. To meet that requirement, agenda descriptions for resolutions, ordinances, regulations, statutes, rules or the like to be considered by public bodies should describe what the statute, ordinance, regulation, resolution or rule relates to so that taxpayers and citizens may determine if it is a subject in which they have an interest. (This opinion was rendered by the Office of the Attorney General as a guideline for enforcing the Open Meeting Law and not as a written opinion requestedpursuant to NRS 228.150). Carson City, January 5, 1999 Mrs. Judy Herman, Post Office Box 2687, Reno, Nevada 89505 Dear Ms. Herman: This office has primary jurisdiction to investigate and resolve allegations of violations of the Open Meeting Law, NRS chapter 241. In October, you sent to this office a copy of an agenda for a special meeting of the Reno City Council held on September 29, 1998, and asked us whether the agenda complied with the Open Meeting Law with respect to the description of a resolution to be considered regarding a proposed project to depress the railroad tracks through the center of Reno. In looking into the matter, we conversed with the Reno City Attorney's office, reviewed the agenda as well as the proposed resolution in question, the staff memorandum regarding that resolution, and the draft minutes for that meeting, and we watched the tape of the whole meeting. We also researched our previous opinions regarding the content of agendas, as well as the legislative history regarding agendas and some significant case decisions in other states. For the reasons stated below, we believe that the agenda was deficient in its description of the resolution, and we take this opportunity to expand our interpretations about meeting agenda requirements and provide advisory guidance for all public bodies. However, given that the nature of the resolution was merely to start a public hearing process which would assure ample citizen participation in the decisions to be made about the project, and given that the City Council immediately recognized the problem when a citizen brought it up and ordered future agendas to be changed, we believe that no enforcement action against the City Council is warranted. Bay Ridge Utility District v. 4M Laundry, 717 S.W.2d 92 (Tex. App. 1986) (agenda was technically deficient,

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