Vol. 4, No. 1
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October 31, 2006
Nevada's Online State News Journal
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COPYWRITING
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Compliance With Open Meeting Law
Making Changes In Two Agencies
Transparent Government Not The Ideal
In Minds Of Some Agency Leaders
It is very difficult for some in government to understand whom it is they are responsible to and that as painful as it might seem, it is the public, the citizens who should be the final arbiter. Nevada Attorney General George Chanos ruled recently that the state tax commission must follow the state's open meeting law when discussing tax cases. The ruling went to court and District Court Judge Michael Griffin in Carson City ruled against the opinion. Chanos has appealed the decision to the Supreme Court.
"We firmly believe that the court's decision failed to properly apply the controlling law," Chanos said in prepared remarks. "More specifically, the decision failed to allow the clear legislative intent, as set forth in the legislative record of the 1983 Legislature to control the disposition of this matter..." Chanos however wants to give the 2007 Legislature time to made adjustments to the open meeting law if they feel compelled. "The legislature may desire to enact legislation which would permit the Tax Commission to deliberate and take action in closed meetings." Chanos pointed to the Legislative Counsel Bureau opinion, which the court relied upon in its decision, and the efforts of certain legislators to involve themselves in this litigation as evidence of this possibility.
"We have advised the counsel for the Tax Commission that we will agree to stay the appeal to allow the legislature that opportunity and to avoid unnecessary costs," he said. Chanos also said, "We are also willing to proceed with the appeal on an expedited basis if that is the preference of the commission."
In the meantime the Nevada Supreme Court has handed down a ruling concerning the application of the open meeting law as it regards the State Parole Board. Many parole hearings are apparently done behind closed doors and in secret. On October 2 the Supreme Court said that is in violation of open meeting law and that hearings are to be conducted in open meeting.
Governor Kenny Guinn immediately cancelled all further parole board hearings and has asked the state's highest judicial body to reopen the case. The court has put a stay order on their own order and is looking into whether or not the open meeting law should apply in the case. No parole hearings will be held until the court releases its report. According to Parole Board protocol, victims have been given the right to testify during parole hearings in private, that is in secret. Those incarcerated and looking for parole have been required to testify in public. Apparently no one has ever challenged the situation in the past.
According to Attorney General George Chanos there were some in the legislature who were aware of the problem and an attempt to address a possible change did not make it through the legislative process. At least one legislator has said the governor has been aware of the problem as well. Whether or not the 2007 Legislature will address either the Parole Board or Tax Commission open meeting law violations is still unknown at this time.
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