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2011 Open Meeting Law Opinions Nevada Attorney General Reports and Opinions 1 (2011)

handle is hein.sag/sagnv0048 and id is 1 raw text is: STATE OF NEVADA OFFICE OF THE ATTORNEY GENERAL In the Matter of DOUGLAS COUNTY BOARD OF COMMISSIONERS Attorney General File No. 11-002 OMLO No. 2011-02 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Office of the 28 Attorney General 100 N. Carson St. Carson City, NV 89701-4717 . INTRODUCTION This Open Meeting law (OML) complaint alleged that the Chair of the Douglas County Board of Commissioners (BOCC) engaged in serial communications with a quorum of Commissioners. The quorum allegedly deliberated and/or decided to ask for the resignation of a sitting Planning Commissioner (PC) all in violation of NRS 241.015(2) and NRS 241.030(5). This office investigated the allegations in this complaint. The BOCC fully cooperated with our investigation as did the office of the Douglas County District Attorney (D.A). Initially, each Commissioner provided an affidavit to this office by and through the D.A.'s office. Further discovery in the form of face to face interviews was also undertaken. Each Commissioner made himself or herself available for interviews and then later, three Commissioners made themselves available for follow-up interviews. I1. FACTS Complainant, Margaret Pross, alleged that a quorum of the BOCC deliberated toward a decision to remove her from the Douglas County Planning Commission at the BOCC's January 3, 2011 meeting. Ms. Pross also alleged that the manner of the deliberation among the quorum showed it was done with specific intent to avoid the provisions of the OML. The complaint alleged the Chairman of the BOCC, Mike Olson, asked her to resign her position on the PC in a December 7, 2010 telephone conversation. Ms. Pross alleged Mr. Olson asked her to resign or the BOCC would take action to remove her as they had //