Open Meeting Law requirements clarified
In Schmidt v. Washoe County, the Nevada Supreme Court clarified certain requirements under the Open Meeting Law, NRS Chapter 241. The controversy arose after the Washoe County Board of Commissioners pulled an item from its noticed agenda for a January 2005 meeting. Thereafter, the Board held a caucus meeting on March 21, 2005, on a date and in a place other than those normally scheduled, with notice the plaintiff contends was inadequate as to content. The Plaintiff brought two suits for violation of the Open Meeting Law, and the district court dismissed the complaints.
The Court held that while NRS 241.020 requires an agenda to be noticed, it does not require the public body to address every issue on the agenda. The body is free to pull any item from an agenda. Pulling items from an agenda is not an action that requires advance notice, and the public body may hold discussions about pulling items from the agenda outside a meeting.
The Court held the March 21 meeting qualified as a special meeting, specifically authorized by NRS 241.090 and 241.085, because the meeting’s agenda included sufficient business to come before the board, the requirement for a special meeting. The notice of the caucus meeting was adequate, as it notified the public of the intent to discuss certain bill drafts, a list of which drafts was placed on the Board’s website.
Because the Board did not violate the open meeting law, the dismissal of the complaints was affirmed.
