Flouting the law

Feel like flouting the law? Try this: Walk into a police substation and announce to every cop present that in about five minutes, you and your buddy will be drag racing right past the building’s entrance at speeds exceeding 100 miles per hour.

Odds are a couple of black-and-whites will be waiting for you with radar guns — and handcuffs.

That kind of bragging is an invitation for prosecution. Kind of like the recent pronouncement from a Reno attorney that the Nevada Tax Commission doesn’t need to abide by the provisions of Assembly Bill 433, which was signed into law by Gov. Jim Gibbons and takes effect July 1.

The Tax Commission drew the ire of the attorney general’s office and open government advocates in 2005 when it awarded a tax rebate to Southern California Edison behind closed doors. After reopening the meeting, commissioners announced that the utility had won its appeal, but they refused to disclose the amount of the rebate or the reasons for their vote.

Nevada’s open meeting law requires boards to deliberate and take action in public. It was later revealed that the commission awarded Southern California Edison a whopping $40 million.

The resulting legal battle prompted Assembly Speaker Barbara Buckley, D-Las Vegas, to introduce AB433, which stipulates that the Tax Commission can meet in closed session only to consider legitimately confidential information. After hearing that information, commissioners must return to open session to deliberate and vote.

But attorney Thomas “Spike” Wilson, who has defended the commission’s proclivity for secrecy at taxpayer expense, filed a motion last week with the Supreme Court that declares the commission need only have “the definitive vote” on taxpayer appeals in public session. He said the panel can continue taking straw votes in closed sessions requested by appellants.

“I am shocked by what he is saying,” said Carson City District Attorney Neil Rombardo, who has fought for open commission meetings. “I am very concerned that millions of dollars can be handed out in closed meetings.” Nevada Press Association Executive Director Barry Smith says Mr. Wilson is “arguing for closed meetings.”

Like the cops confronted with a promise to break traffic laws, new Attorney General Catherine Cortez Masto has responded appropriately. Her office has filed a motion with the Supreme Court asking justices to reject Mr. Wilson’s motion.

Without access to their government — especially on matters of taxation — citizens cannot trust that their rights are being protected. They’ll begin to believe that other citizens and entities are receiving special treatment at their expense. That’s a recipe for revolution.

Mr. Wilson is completely wrong, and Ms. Cortez Masto should personally attend the next meeting of the Tax Commission to tell him so.