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cohnc@unr.nevada.edu
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21 Jurisdiction in the Judicial Council of the Associated Students is proper under Article
22 IV, section 4 of the Constitution of the Associated Students. The Judicial Council is the sole
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2 The Parties
5 Nevada, within the meaning of Art. I, sec. 1(a) of the Constitution of the Associated
6 Students.
7 2. Priscilla Acosta was the duly elected Speaker of the Senate of the Associated
8 Students at the Seventy-Sixth Session. She was the presiding officer of the Senate and its
10 3. Gracie Geremia is the duly elected Speaker of the Senate of the Associated
11 Students at the Seventy-Seventh Session. She is the presiding officer of the Senate and its
14 Associated Students, established under Article II of the ASUN Constitution. The Senate is
15 sued in its collective capacity because it has an obligation to ensure it is adhering to proper
17 Background Information
18 5. The public bodies of the Associated Students are subject to the provisions of
19 the Open Meeting Law (Chapter 241 of the Nevada Revised Statutes (NRS)). NRS 241.038
20 states “The Board of Regents of the University of Nevada shall establish for the student
22 those of this chapter and shall provide for their enforcement.” In carrying out its statutory
23 obligation, the Board of Regents adopted regulations governing the meetings of student
24 governments, carried at Title 4, Board of Regents Handbook, Chapter 20, Part B, section 3.
25 Specifically, the policy states, after setting out a recital that the policy is enacted pursuant to
3 be held in accordance with the provisions of the Nevada Open Meeting Law, Chapter 241 of
6 under its Constitution, is evidenced by the publication of the ASUN Constitution at Chapter
8 the Regents.
10 the ASUN. Article II of the ASUN Constitution establishes and provides for the legislative
11 branch of the Association. “The legislative power of the Association shall be vested in a
12 Senate of the Associated Students” (Art. II, sec. 1). Further, the Senate is composed of 22
13 members (ASUN Const. Art. II, sec. 1(a)). Therefore, the Senate meets the definition of
15 8. For the purposes of this complaint, the provisions of the Nevada Open
16 Meeting Law (OML) are made directly actionable under the judicial power of the Associated
17 Students by virtue of section 6(a)(2) of the ASUN Public Records, Transparency, and
18 Accountability Act of 2008 (ASUN Public Law 75–51; 75 ASUN Stat. 131), which provides
19 “(a) The presiding officer of a public body under the jurisdiction of the Associated
20 Students… (2) shall publish and post agendas in accordance with the Nevada Open Meeting
21 Law.”
22 9. NRS 241.020(2)(c)(1) requires that agendas contain “[a] clear and complete
25 10. The 76th Session of the Senate of the Associated Students met 86 times based
2 (www.asun.unr.edu), under Senate meetings. The 77th Session has met 4 times. As a
3 representative example of the type of conduct complained against in this case, the Senate
4 noticed a meeting on November 19, 2008 (see attached exhibit). During that meeting, under
5 agenda item 18, the Senate was scheduled to consider “b. S.B. 76-__ Revisions to the ASUN
6 Budget” and “c. S.B. 76-__ Expenditures from the ASUN Capital Account.” All specific
7 agenda items complained against are listed in an attached schedule (Exhibit). All violate the
8 same provision of the law, but each violation may fall into separate categories of reason.
10 Declaratory Relief
12 11. Plaintiff repeats and realleges each and every allegation contained within
14 12. NRS 241.020(2)(c)(1) requires that agendas contain “[a] clear and complete
16 13. The Nevada Attorney General’s Office has published a handbook consisting
17 of guidance to public bodies within the state on complying with the provisions of the OML.
18 The Attorney General’s Office is authorized under the OML to issue advisory opinions with
19 respect to the enforcement of the law. In so doing, the Office has opined many times on the
20 clear and complete agenda requirement. In the Office’s Open Meeting Law Manual, the
22 The following guidelines are gleaned from … opinions [on the clear and
complete agenda requirement]:
23 …
c. Agenda items must be described with clear and complete detail so that the
24 public will receive notice in fact of what is to be discussed by the public
body.
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11 (Nevada Open Meeting Law Manual, Nevada Attorney General’s Office, 10th ed., December
12 2005, at §7.02).
13 14. Further, the manual points out an opinion of the Nevada Supreme Court with
2 “Capital Spending” do not give the public notice in fact as to what will actually be
3 considered.
4 17. Furthermore, Petitioner more generally complains against the fact that almost
5 all bills and resolutions noticed on agendas for this session lacked the number assigned to it,
6 thereby going against the advice that “[a]n agenda must never be drafted with the intent of
8 number is not listed on the agenda, the public will have difficulty seeking out the proper bill
9 or resolution to determine what will actually be considered. Given the fact that Senate Rules
10 require sufficient advanced filing of bills and resolutions so that a number can be assigned in
11 advance of the agenda posting deadline, it is simply inexcusable that numbers are not listed
12 on the agenda. (Under the same rules, the Senate during the 75th Session, with rare
13 exception, had little trouble in stating the bill and resolution numbers on agendas).
14 18. Accordingly, the Council should declare that the Senate is not in compliance
15 with the provisions of the OML in that minimum public notice was not given of its meetings,
16 due to the fact that notice of what action may be taken during the meetings was not compliant
19 Injunctive Relief
21 19. Petitioner repeats and realleges each and every allegation contained within
23 20. The Council should enjoin the Senate from posting agendas in violation of the
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2 Declaratory Relief
4 21. Petitioner repeats and realleges each and every allegation contained within
6 22. Assuming the Council grants the relief granted in the First Cause of Action,
7 the Council should also declare void the acts had and decisions made during the meetings
8 declared to have been held in violation of the Open Meeting Law. NRS 241.036 states “[t]he
9 action of any public body taken in violation of any provision of this chapter is void.”
10 Accordingly, if the Council finds that violations occurred, it has no choice but to declare
11 them void. Although Petitioner is aware that NRS 241.037(3) contains a statute of limitations
12 on when a person can bring a complaint seeking declaratory and injunctive relief to seek
13 compliance with the OML or to have actions declared void, NRS 241.038 states that the
15 “provide for their enforcement.” The parallel provision at the Regents level to NRS 241.036
16 is at Title 4, Board of Regents Handbook, Chapter 20, Part B, section 3(5)(a): “Violations of
17 this section shall be treated as follows: a. Any action taken in violation of the provisions of
18 this section is void.” Because ASUN has enacted its own legislation stating that its officials,
19 in the ASUN context, are to comply with the law, the provisions of the OML as applied on
20 ASUN by the Regents is enforceable in this Council under the constitutional judicial power
22 23. Further, the Regents did not institute a statute of limitations on enforcement
4 3. For a declaration that actions take in violation of the laws and regulations
6 4. For such other relief as the Council deems just and proper.
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9 Corinna Cohn
cohnc@unr.nevada.edu
10 Petitioner
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