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2002 Open Meeting Law Opinions Nevada Attorney General Reports and Opinions 1 (2002)

handle is hein.sag/sagnv0041 and id is 1 raw text is: STATE OF NEVADA OFFICE OF THE ATTORNEY GENERAL 100 N. Carson Street Carson City, Nevada 89701-4717 FRANKIE SUE DEL PAPA Telephone (775) 684-1100 THOMAS M. PATTON Attorney General Fax (775) 684-1108 First Assistant Attorney Genera WEBSITE: http://ag.state.nv.us E-Mail: aginfo@ag.state.nv.us February 13, 2002 Judy Sturgis 1515 Foothill Road Gardnerville, NV 89410 Re: Open Meeting law Complaint Douglas County Board of County Commissioners OMLO 2002-01/AG file No. 02-001 Dear Ms. Sturgis: This office has primary jurisdiction for investigating and resolving complaints of violations of the Nevada Open Meeting Law, Chapter 241 of the Nevada Revised Statutes. We have received the enclosed complaint from you alleging that an ordinance adopted on February 5, 1998, by the Douglas County Board of County Commissioners constituted a change to the Douglas County master plan and that such change was not adequately described in the agenda of that meeting. The complaint also finds fault under the Open Meeting Law with the minutes that describe that agenda item. You have informed us that you first learned of the ordinance adopted on February 5, 1998, at the November 1, 2001, meeting of the Board. NRS 241.037(3) provides that any suit brought against a public body to require compliance with the Open Meeting Law must be commenced within 120 days after the action objected to was taken and any suit to have an action declared void must be commenced within 60 days after the action objected to was taken. Though more that 120 days has passed since the Board took action in 1998, this does not preclude our investigation and guidance to the Douglas County Board of County Commissioners. Barbara Reed, Douglas County Clerk, has cooperated fully with our investigation and provided copies of the relevant documents and tapes. The Board of Commissioners introduced Ordinance 97- 801 on January 8, 1998, and adopted the ordinance on February 5, 1998. The ordinance change on February 5, 1998, appears to be a basis for the Board's approval of a modified development project at its meeting on November 1, 2001. For the reasons stated below, we believe that the agenda of the meeting of February 5, 1998, was deficient in its description of the resolution because it does not describe the proposed action in a clear and complete statement of the topic to be considered ... as required by the Open Meeting Law. We are guided by our previous Open Meeting Law Protecting Citizens, Solving Problems, Making Government Work

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