Education panel won’t follow open meeting law

CARSON CITY -- The governor's new Blue Ribbon Education Reform Task Force won't follow the open meeting law, and one member said Friday she won't attend its meeting unless it does.

Sen. Barbara Cegavske, R-Las Vegas, said she was surprised that task force co-chairs Dan Klaich and Elaine Wynn decided not to follow the open meeting law.

"It never dawned on me that they would decide not to follow the open meeting law," Cegavske said. "I will stay a member if they follow the open meeting law, but I will not attend meetings in which they don't."

Klaich, chancellor of the Higher Education System of Nevada, had announced Thursday that the task force would hold open meetings, but he never mentioned it would not follow the open meeting law.

Under the open meeting law, public bodies must post notices in public places at least three working days in advance of meetings, prepare agendas that show the subjects that will be discussed, provide time for citizens to speak and give people who request it advance notice of the meetings.

A spokeswoman for Wynn, a Las Vegas casino executive, confirmed Friday that the chairs decided not to follow the open meeting law.

"We have been advised by the governor's office that the Blue Ribbon Task Force is not subject to the requirements of the open meeting law," she said.

Wynn declined comment on Cegavske's decision.

Deputy Attorney General George Taylor confirmed earlier this week that he told the governor that the task force was not a public body under Nevada law, and, therefore, was exempt from the open meeting law.

But the American Civil Liberties Union contended that interpretation was wrong and requested Gov. Jim Gibbons require the task force to conduct public meetings.

ACLU lawyer Maggie McLetchie praised the task force Thursday when Klaich announced the meetings would be conducted in public.

But McLetchie changed her tune on Friday.

"We are very disappointed to now learn the task force is only taking a half step toward openness," she said, adding that she was puzzled "as to what dire consequences the task force thinks would occur if they followed all open meeting law requirements."

McLetchie pointed out the open meeting law requirements ensure the public can actually participate in the meetings.

"If members of the public do not know about the meeting, how are they supposed to attend?" she asked.

Cegavske said some members are concerned that they won't be able to work as rapidly if they follow the open meeting law.

"But what we are discussing is public education," she said. "We can work within the requirements of the open meeting law."

McLetchie has hinted at filing a lawsuit if the task force does not follow the open meeting law.

But Gibbons, in a letter Friday to McLetchie, refused to require the task force to follow the open meeting law.

He said his decision was based on opinions by Taylor and James Spencer, chief of staff in the attorney general's office, that the task force was not a public body because no public money is being spent. Members are responsible for their own costs. Several members, including Klaich, however, are paid state salaries.

Wynn's spokeswoman did release brief outlines Friday of what will be discussed at the task force's two April meetings.

The 10 a.m. April 9 meeting will be conducted at the Stan Fulton Building at the University of Nevada, Las Vegas, 4505 S. Maryland Parkway. The 10 a.m. April 23 meeting will be conducted at the Stout conference room at the Desert Research Institute, 2215 Raggio Parkway in Reno.

Contact Capital Bureau Chief Ed Vogel at evogel@reviewjournal.com or 775-687-3901.