AG: Incline Village General Improvement District didn’t violate open meeting law | TahoeDailyTribune.com
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AG: Incline Village General Improvement District didn’t violate open meeting law

Geoff Dornan
gdornan@nevadaappeal.com

The Attorney General has issued an opinion clearing the Incline Village General Improvement District board of charges it violated the open meeting law.

The complaint was filed by Crystal Bay resident and IVGID critic Frank Wright, who charged IVGID illegally failed to include correspondence received by the board in its meeting packet and “sanitized” meeting minutes to leave out public comment.

“There is no statutory provision in NRS Chapter 241 requiring a public body to produce correspondence it has received,” the opinion by deputy AG Michael Detmer states.

As for not including all correspondence in the packet, the opinion says the law and Nevada Supreme Court require the agenda provide the public “clear and complete notice of the topics to be discussed at public meetings.” The opinion says nothing explains the scope of correspondence that would be made public by that requirement.

“While this did not constitute an (open meeting law) violation, a more clear and complete description of what is contemplated under this agenda item may avoid further confusion for the public,” the opinion states.

The opinion also rejects the argument that IVGID is censuring from meeting minutes remarks made during public comment that are critical of board members.

It states that statute, “requires only the substance of the public comment in the minutes or a copy of the remarks be included in the minutes if the speaker requests it.”

According to the opinion, the allegations don’t reflect that a speaker requested his or her remarks be included in the meeting minutes and don’t identify a specific instance in which an open meeting law violation may have happened.

The opinion concludes that, after reviewing available evidence, the attorney general’s office has determined no violation of the open meeting law occurred.

Wright, who openly criticized Attorney General Adam Laxalt in an opinion piece for his inaction on open meeting law complaints, said he wasn’t surprised by the ruling.

“I have four (open meeting law complaints) pending which have been sitting on his desk for a year to six months. He is a lame duck attorney general who has done very little while in office,” Wright said of Laxalt, who is currently running for governor as a Republican. “His departure in January will be welcomed by the state of Nevada. It is a shame that we pay his deputy attorney generals so much money to basically do nothing. Wasted tax dollars.”


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