Court backs rulings against open meeting law challenger

CARSON CITY — A panel of the Nevada Supreme Court ruled on two open meeting law matters Thursday, calling the questions raised by a Washoe County resident regarding agenda items and special meetings “important issues of first impression.”

The court upheld lower court rulings in favor of Washoe County and its County Commission on issues raised by Gary Schmidt.

Schmidt filed one complaint when an item on a 2005 board agenda to approve a county lobbying contract was pulled at the beginning of a meeting.

He filed another when the commission, at what it calls a “caucus” meeting, voted on whether to support or oppose measures being considered by the Legislature. Schmidt also complained that the meeting was held in a room and on a date that were different than the usual location and date.

A Washoe District Court judge rejected both claims, saying the open meeting law does not say how agenda items are to be removed from agendas, and finding that the caucus meeting was proper under provisions providing for special meetings of the board.

The Supreme Court panel agreed, saying that: “A public body may ‘pull’ an agenda item at any time and thus need not discuss every item on its agenda.”

The court also found that the caucus meeting in question did meet the definition of a special meeting, and that the agenda for the meeting met the “clear and complete” requirement required in the open meeting law.