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2019 Open Meeting Law Opinions Op. Nev. Att'y Gen. 1 (2019)

handle is hein.sag/sagnv0119 and id is 1 raw text is: 1 OFFICE OF THE ATTORNEY GENERAL 2 STATE OF NEVADA 3 4 In the matter of: OAG FILE NO.: 13897-257 5 THE INCLINE VILLAGE GENERAL FINDINGS OF FACT AND IMPROVEMENT DISTRICT BOARD OF CONCLUSIONS OF LAW 6 TRUSTEES 7 8 9 BACKGROUND 10 Frank Wright filed a Complaint (Complaint) with the Office of the Attorney General 11 (OAG) alleging violations of the Nevada Open Meeting Law (OML) by the Incline Village 12 General Improvement District (IVGID) Board of Trustees (Board). The Complaint alleges 13 that the Board violated the OML as follows: 14 ALLEGATION NO. 1: The Board took action to approve the initiation of a 15 lawsuit during a closed session. 16 ALLEGATION NO. 2: The Board held a closed meeting that was not 17 properly noticed to the public. 18 The OAG has statutory enforcement powers under the OML and the authority to 19 investigate and prosecute violations of the OML. NRS 241.037; NRS 241.039; NRS 20 241.040. The OAG's investigation of the Complaint included witness interviews as well as 21 a review of the following: the Complaint and Supplements to the Complaint; the Response 22 and Supplemental Response to the Complaint from the Board's legal counsel; affidavits and 23 recorded statements from members of the Board as well as staff members of the Board; the 24 Board's agendas and minutes from its 2017 and 2018 meetings; and court filings with the 25 Second Judicial District Court of Nevada. 26 After investigating the Complaint, the OAG determines that the Board violated the 27 OML by failing to properly notice and approve the initiation of a lawsuit during a public 28 meeting. The OAG finds that the Board's closed session following its November 15, 2017, Page 1 of 9