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2024 Open Meeting Law Opinions Op. Nev. Att'y Gen. 1 (2024)

handle is hein.sag/sagnv0128 and id is 1 raw text is: 



1                           OFFICE   OF THE  ATTORNEY GENERAL

2                                  STATE  OF  NEVADA
3

4
      In the Matter of:                                A.G. FILE NO.:13897-421
 5

 6    PAHRUMP COMMUNITY LIBRARY                         FINDINGS OF FACT
      DISTRICT   BOARD   OF TRUSTEES.               AND  CONCLUSIONS OF LAW
 7

 8

 9        On  or about June 28, 2021, Amy L. Bruno filed a Complaint with the Office of the
 10 Attorney  General (OAG) pursuant  to Nevada Revised Statutes (NRS)  241.039 alleging

 11 violations of the Nevada Open Meeting Law (OML)  by the Pahrump  Community  Library

 12  District Board of Trustees (Board) during its June 18, 2021 and June 22, 2021 Board

 13  meetings. On or about November  26, 2021, Christy Stevens filed a complaint alleging

 14  similar violations of the OML by the Board.1 The Complaints allege the Board violated the

 15  OML  as follows:

 16       ALLEGATION ONE: The Board failed to provide notice   to Library Director Susan

 17  Wonderly  that her character, misconduct  and/or professional competence would  be

 18  considered at the June 18, 2021 meeting.

 19       ALLEGATION TWO: The Board failed to specify on the June 18, 2021 meeting
20   agenda the nature of the business to be considered in closed session.

21        ALLEGATION THREE: The Board discussed, deliberated and by motion voted to

22  place Director Wonderly on Administrative leave during a closed session.

23

24   1    The OAG notes that Ms. Steven's Complaint was filed more than 120 days after the alleged violations

25  but less than one (1) year. Accordingly, as to Ms. Steven's complaint, this opinion will only address alleged
    violations that were not discoverable at the time, specifically any allegations regarding the June 22, 2021
26   meeting. NRS 241.039(1)(c)(1)(2).
          The OAG further notes that the Response filed on behalf of the Board addresses additional alleged
27  violations during the June 18, 2021 meeting not mentioned in Amy Brunds Complaint, including: the officer
     elections and the Board's alleged failure to provide Director Wonderly an opportunity to have counsel present,
28  present evidence and to waive closure of the meeting. As these issues are outside the scope of Ms. Bruno's
     Complaint, the OAG will not opine on these issues.


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