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2019 Open Meeting Law Opinions Op. Nev. Att'y Gen. 1 (2019)

handle is hein.sag/sagnv0119 and id is 1 raw text is: 


1                     OFFICE  OF  THE  ATTORNEY GENERAL

2                              STATE   OF NEVADA
3

4   In the matter of:                           OAG FILE NO.: 13897-257

5   THE INCLINE  VILLAGE  GENERAL              FINDINGS   OF FACT  AND
    IMPROVEMENT DISTRICT BOARD OF               CONCLUSIONS OF LAW
 6  TRUSTEES

 7
 8

 9                               BACKGROUND

 10       Frank Wright filed a Complaint (Complaint) with the Office of the Attorney General

 11 (OAG) alleging violations of the Nevada Open Meeting Law (OML) by the Incline Village
 12 General Improvement District (IVGID) Board of Trustees (Board). The Complaint alleges

 13 that the Board violated the OML as follows:
 14      ALLEGATION NO. 1: The Board took action to   approve the initiation of a

 15 lawsuit during a closed session.
 16      ALLEGATION NO. 2: The Board held a closed meeting that was not

 17 properly noticed to the public.
 18       The OAG has statutory enforcement powers under the OML and the authority to

 19 investigate and prosecute violations of the OML. NRS 241.037; NRS 241.039; NRS
20  241.040. The OAG's investigation of the Complaint included witness interviews as well as

21  a review of the following: the Complaint and Supplements to the Complaint; the Response

22  and Supplemental Response to the Complaint from the Board's legal counsel; affidavits and
23  recorded statements from members of the Board as well as staff members of the Board; the

24  Board's agendas and minutes from its 2017 and 2018 meetings; and court filings with the

25  Second Judicial District Court of Nevada.
26       After investigating the Complaint, the OAG determines that the Board violated the

27  OML  by failing to properly notice and approve the initiation of a lawsuit during a public
28  meeting. The OAG finds that the Board's closed session following its November 15, 2017,


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