From the Washoe County School District:
The Board of Trustees of the Washoe County School District (WCSD) voted unanimously (7-0) to approve a Settlement Agreement negotiated by its legal team consisting of outside Board Counsel Michael E. Malloy and WCSD Chief General Counsel Neil Rombardo, with the Office of the Attorney General. The settlement finally resolves the Complaint filed with the Attorney General by the Reno Gazette-Journal in March of last year alleging that the Board of Trustees violated the Nevada Open Meeting Law during an open meeting on March 24, 2015 by originally voting to appoint Traci Davis as Superintendent while the agenda for the meeting did not specifically indicate she could actually be appointed at that time. Later during the same meeting and prior to adjournment, the Board voted unanimously to rescind its earlier action appointing her, thereby taking "corrective action" as specifically permitted under the Open Meeting Law.
During today's meeting, the Board's legal team informed the Board that its own corrective action taken at the same meeting in March effectively cured the prior violation, and that therefore, the Trustees could be successfully defended in the event of civil litigation of the matter in court. Notwithstanding, the Board's legal team advised that the negotiated settlement with the Attorney General was in the best interests of the District, its students and their families, and the taxpayers of Washoe County by avoiding potentially protracted and expensive litigation.
“Although we believe that the section of the Open Meeting Law used by the Board to rescind the vote during the same meeting bars prosecution, we felt it was in the best interests of the Board, the District, and the priority of educating students to put this behind us and accept the agreement,” said WCSD Chief General Counsel Neil Rombardo. “We appreciate the Attorney General’s reasonable approach in this matter to ensure open government.”
The Settlement Agreement provides for payment of a single total civil fine of $500 imposed upon the seven members of Board which shall be shared jointly and severally among all of them from their personal resources. However, the requirement to pay the civil fine is suspended for a period of one year, during which time if the Trustees do not commit any additional violations of the Open Meeting Law, the fine will not have to be paid.
The Board of Trustees accepts responsibility for initially violating the Open Meeting Law in March of last year as demonstrated by its own corrective action to cure the violation taken during the same meeting, and as further and more specifically demonstrated by its voluntary approval of this settlement with the Attorney General. The Board also recognizes and appreciates the duty and responsibility of the Office of the Attorney General to enforce the Open Meeting Law in the public interest as it has professionally done in this matter.
From the Washoe County School District
