AG: School district didn’t violate open meeting law

Citing executive privilege, the Nevada attorney general's office has determined that Clark County School District officials did not violate the state's open meeting law when they refused to share information about proposed budget cuts prior to a Dec. 11 School Board meeting.

The Las Vegas Review-Journal sought the information so it could better explain to readers how the School Board could trim $120 million from its budget for the 2009-10 school year, and do so before the board met on the cutbacks.

The newspaper filed a complaint with the attorney general based on state law which requires that any supporting material for a meeting agenda item that is provided to the members of an elected board must also be made available to anyone who asks for it.

The newspaper had repeatedly requested the information for five days prior to the meeting. The requested information also was printed in another publication on the same day as the meeting.

Superintendent Walt Rulffes and School Board member Terri Janison told the Review-Journal that the budget information was shared with School Board members and senior administrators on Dec. 9, two days before the board's Dec. 11, meeting.

This information was released just a few hours before the board meeting, but not early enough for the Review-Journal to report it to its readers.

The attorney general's office asked Rulffes why the information was not available to the public sooner. He responded that the information was privileged.

Ruffles said the information was part of a private e-mail to staff that also included candid comments about possible pay cuts and further cuts "that he did not want to disclose yet," said George H. Taylor, the senior deputy attorney general.

Taylor determined that such private and deliberative discussions on policy were protected under executive privilege.

The Review-Journal, however, had asked for budget information that was to be voted upon, which was included in Rulffes' private e-mail, and not the confidential discussion surrounding it.

The attorney general's office did not contact Review-Journal Editor Thomas Mitchell, Review-Journal lawyer Mark Hinueber or reporter James Haug as part of its investigation.

The newspaper has not made a decision on whether to file a civil lawsuit against the school district.

"We are reviewing our options," Hinueber said.

Contact reporter James Haug at jhaug @reviewjournal.com or 702-374-7917.