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2006 Open Meeting Law Opinions Nevada Attorney General Reports and Opinions 1 (2006)

handle is hein.sag/sagnv0045 and id is 1 raw text is: STATE OF NEVADA
1
OFFICE OF THE ATTORNEY GENERAL
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NEVADA DEPARTMENT OF JUSTICE
3
In the Matter of:                  )
4                                     )    Attorney General File No. 05-056
WASHOE COUNTY BOARD OF             )
5  COMMISSIONERS/SOUTH TRUCKEE        )
MEADOWS GENERAL IMPROVEMENT        )
6  DISTRICT                           )
7                                     I.
8                               INTRODUCTION
9       In a letter received November 21, 2005, by the Office of the Nevada Attorney General,
10  Mr. Gary R. Schmidt filed a complaint with this office alleging a violation of the Nevada Open
11 Meeting Law of Chapter 241 of the Nevada Revised Statutes. In particular, Mr. Schmidt
12  alleges that the Washoe County Board of Commissioners (Board) and South Truckee
13  Meadows General Improvement District (STMGID) violated the Open Meeting Law at its
14  October 18, 2005, meeting by (1) not clearly delineating the room location on the agenda;
15 (2) not allowing public comment under item 1, Salute to the flag; and (3) improperly
16 deliberating with regard to certain agenda items.
17       The Office of the Nevada Attorney General has primary jurisdiction to investigate and
18  prosecute alleged violations of the Open Meeting Law and issues this opinion pursuant to that
19  authority. This opinion is issued as a guideline for enforcing the Open Meeting Law. In
20 investigating this matter, this office reviewed the complaint, agenda, supporting documents,
21 and audiotape recordings.
22                                     II.
23                             FINDINGS OF FACT
24       The Board and STMGID conducted a joint meeting on October 18, 2005. For this
25  meeting, the two public bodies posted two separate public notices. Both public notices
26 stated, [t]he workshop (joint meeting) will be held in the Commission Caucus Room,
27  1001 E. 9th St., 2nd Floor, Reno. The Board's notice did reference the Commission
28 Chambers as well as the Caucus Room, which created some confusion, but both locations
-1-

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