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2013 Open Meeting Law Opinions Nevada Attorney General Reports and Opinions 1 (2013)

handle is hein.sag/sagnv0084 and id is 1 raw text is: STATE OF NEVADA OFFICE OF THE ATTORNEY GENERAL 100 North Carson Street Carson City, Nevada 89701-4717 CATHERINE CORTEZ MASTO KEITH G. MUNRO Attorney General Assistant Attorney General GREGORY M. SMITH Chief of Staff January 10, 2013 Barbara J. Ellestad 1431 Pinehurst Drive Mesquite, Nevada 89027 Re: Open Meeting Law Complaint-A.G. File No. 12-035 Overton Power District No. 5 Dear Ms. Ellestad This Office reviewed your Open Meeting Law (OML) complaint and we have investigated your allegations against the Overton Power District #5 (OPD). We required OPD to respond to the complaint with a statement from counsel and asked for copies of recordings of prior Trustee meetings. Additionally, we reviewed OPD's statutory authority, NRS Chapter 318, and the record of OPD's creation in 1935 by the Public Service Commission-records held in the Nevada Secretary of State's office. OPD asserts it is not subject to the OML because, although created by the State of Nevada, it does not meet the other criterion in NRS 241.015 that defines a public body to include only those that expend tax revenue or which are supported in whole or in part by tax revenue. Further, OPD argues that nowhere in Chapter 318 is there a requirement that entities such as OPD are subject to the OML, and OPD argues that it can only be subject to the OML if so required under NRS 241. After a thorough review and consideration of the complaint, its exhibits and OPD's response, we do not have to determine whether OPD is a public body subject to the OML as recent amendments to Chapter 318 explicitly set out statutory duties with significant open meeting requirements regarding record keeping and public access to those records. The statutes under NRS Chapter 318 are applicable to all governing bodies of Chapter 318 entities. This Office has jurisdiction and enforcement authority over allegations of violation(s) of the OML. NRS Chapter 241.037. Telephone 775-684-1100 . Fax 775-684-1108 . wwwag.statenv.us . E-mail aginfo@ag.state.nv.us

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