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2016 Open Meeting Law Opinion Op. Nev. Att'y Gen. 1 (2016)

handle is hein.sag/sagnv0113 and id is 1 raw text is: 1 IN THE STATE OF NEVADA OFFICE OF THE ATTORNEY GENERAL 2 3 IN THE MATTER OF: FINDINGS OF FACT AND 4 INCLINE VILLAGE GENERAL CONCLUSIONS OF LAW IMPROVEMENT DISTRICT; its BOARD OPEN MEETING LAW OPINION 5 OF TRUSTEES. Attorney General File No. 13897-164 6 7 BACKGROUND 8 The Board of Trustees for Incline Village General Improvement District (IVGID) asserts 9 that it took corrective action on September 23, 2015, after a member of the public complained 10 that an action agenda item from a previous public meeting was not clear and complete in 11 compliance with NRS 241.020(2)(d)(1). Public bodies may take action to correct alleged 12 violations of the Open Meeting Law (OML) pursuant to NRS 241.0365.1 13 FINDINGS OF FACT 4 14 1. The Trustees reorganized and reassigned leadership responsibility, including the I 15 chairman, vice chairman, secretary and treasurer on August 26, 2015. Trustee Bill Devine 16 (Devine) sought to reorganize the Board officers based on his displeasure with the Chairman's 17 management style. Devine explained his view and his belief that reorganization of officers 18 was needed during that public meeting. The Trustees' discussion and action to reorganize 19 1 NRS 241.0365 Action taken by public body to correct violation of chapter; timeliness of corrective 20 action; effect. 1. Except as otherwise provided in subsection 4, if a public body, after providing the notice described in 21 subsection 2, takes action in conformity with this chapter to correct an alleged violation of this chapter within 30 days after the alleged violation, the Attorney General may decide not to commence prosecution 22 of the alleged violation if the Attorney General determines foregoing prosecution would be in the best interests of the public. 2. Except as otherwise provided in subsection 4, before taking any action to correct an alleged violation 23 of this chapter, the public body must include an item on the agenda posted for the meeting at which the public body intends to take the corrective action in conformity with this chapter. The inclusion of an item 24 on the agenda for a meeting of a public body pursuant to this subsection is not an admission of wrongdoing for the purposes of civil action, criminal prosecution or injunctive relief. 25 3. For purposes of subsection 1, the period of limitations set forth in subsection 3 of NRS 241.037 by which the Attorney General may bring suit is tolled for 30 days. 26 4. The provisions of this section do not prohibit a public body from taking action in conformity with this chapter to correct an alleged violation of the provisions of this chapter before the adjournment of the 27 meeting at which the alleged violation occurs. 5. Any action taken by a public body to correct an alleged violation of this chapter by the public body is 28 effective prospectively. (Added to NRS by 2013, 727). -1-

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