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2010 Open Meeting Law Opinions Nevada Attorney General Reports and Opinions 1 (2010)

handle is hein.sag/sagnv0047 and id is 1 raw text is: STATE OF NEVADA OFFICE OF THE ATTORNEY GENERAL In the Matter of ) ) CLARK COUNTY SCHOOL DISTRICT ) BOARD OF SCHOOL TRUSTEES _) Attorney General File No. 10-010 OMLO 2010-02 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 Office of the 28 Attorney General 100 N. Carson St. Carson City, NV 89701-4717 I. BACKGROUND This office reviewed the Open Meeting Law (OML) complaint submitted by Thomas Mitchell, Editor of the Las Vegas Review-Journal (LVRJ) against the Clark County Board of School Trustees (BST). It is alleged that a quorum of the members of the Superintendent's Educational Opportunity Advisory Committee (Committee) were appointed by Trustees. Under prevailing interpretation of the OML, the Committee became a public body. If the Committee was a public body, then its failure to provide notice and agenda prior to two meetings in January 2010 is a violation of NRS 241.020(2). The Clark County School District (District) provided this office with an initial response to the allegation. Superintendent Rulffes provided several documents describing the Prime 6 Program Review and steps the District had taken to initiate the Prime 6 program culminating in the creation of the Committee. The District held nine Prime 6 school parent input meetings from early December 2009 through January 12, 2010. We reviewed the Committee's proposed meeting schedule, three agendas and two meeting summaries for Committee meetings in January 2010. After review of the District's initial response, we asked for an additional response including a request for an affidavit from each member of the BST to explain his or her involvement in the appointment of community members to the Committee. In addition, if the Committee was the Superintendent's committee and each member was appointed by the Superintendent, we asked for and received an explanation for the apparent discrepancy indicated on the Committee membership list (a copy had been provided in the District's initial //

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