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2007 Open Meeting Law Opinions Nevada Attorney General Reports and Opinions 1 (2007)

handle is hein.sag/sagnv0046 and id is 1 raw text is: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Office of the Attorney General 100 N. Carson St. Carson City, NV 89701 STATE OF NEVADA OFFICE OF THE ATTORNEY GENERAL In the Matter of: LYON COUNTY BOARD OF COUNTY COMMISSIONERS ) ) ) ) ) Attorney General File No. 07-011 OMLO 2007-01 1. INTRODUCTION On March 9, 2007, this Office received a complaint from Ms. Donna Kristaponis (Complainant) alleging that the Lyon County Commission (Commission) violated the State's Open Meeting Law (OML) when it dismissed her as the Lyon County Manager (Manager). Complainant alleged there must have been a series of communications among at least three of the Commissioners before the February 15, 2007 Commission meeting in which the decision to terminate her employment was voted on. Her allegation is based on the appearance on the Commission's February 15, 2007 agenda of an action item presenting the question of whether to remove the Manager and suspend her duties. She claims that the very next item on the agenda supports her view of improper communications because it was an item calling for the appointment of an interim county manager. Furthermore, she points to a quote made for the Nevada Appeal in an article published on February 13, 2007, in which Bob Milz, a Lyon County Commissioner, stated he knew who might be the interim manager and that in his opinion the County could not get a better one. Mr. Milz's quote appeared after the Commission's agenda was posted but before the meeting in which the Commission voted 3-2 to terminate Complainant's employment. Complainant claims her termination appears to be an odd juxtaposition of several events, so that her termination could only have occurred if the three Commissioners, who voted for her termination, had spoken with each other prior to the meeting and had agreed upon a course of action leading to her termination. This Office has primary jurisdiction to investigate and prosecute violations of Nevada's Open Meeting Law, NRS Chapter 241. In our investigation, we interviewed or obtained statements from each of the five Lyon County Commissioners, the Lyon County District 1

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