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2011 Open Meeting Law Opinions Nevada Attorney General Reports and Opinions 1 (2011)

handle is hein.sag/sagnv0048 and id is 1 raw text is: STATE OF NEVADA
OFFICE OF THE ATTORNEY GENERAL

In the Matter of
DOUGLAS COUNTY BOARD OF
COMMISSIONERS

Attorney General File No. 11-002
OMLO No. 2011-02

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Office of the 28
Attorney General
100 N. Carson St.
Carson City, NV
89701-4717

.
INTRODUCTION
This Open Meeting law (OML) complaint alleged that the Chair of the Douglas County
Board of Commissioners (BOCC) engaged in serial communications with a quorum of
Commissioners. The quorum allegedly deliberated and/or decided to ask for the resignation
of a sitting Planning Commissioner (PC) all in violation of NRS 241.015(2) and NRS
241.030(5).
This office investigated the allegations in this complaint. The BOCC fully cooperated
with our investigation as did the office of the Douglas County District Attorney (D.A). Initially,
each Commissioner provided an affidavit to this office by and through the D.A.'s office.
Further discovery in the form of face to face interviews was also undertaken. Each
Commissioner made himself or herself available for interviews and then later, three
Commissioners made themselves available for follow-up interviews.
I1.
FACTS
Complainant, Margaret Pross, alleged that a quorum of the BOCC deliberated toward a
decision to remove her from the Douglas County Planning Commission at the BOCC's
January 3, 2011 meeting. Ms. Pross also alleged that the manner of the deliberation among
the quorum showed it was done with specific intent to avoid the provisions of the OML.
The complaint alleged the Chairman of the BOCC, Mike Olson, asked her to resign her
position on the PC in a December 7, 2010 telephone conversation. Ms. Pross alleged
Mr. Olson asked her to resign or the BOCC would take action to remove her as they had
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