AG says just being rude doesn’t violate open meeting law

By Cy Ryan

Wednesday, April 13, 2016 | 4:01 p.m.

CARSON CITY — Nevada’s open meeting law is not violated if a public official on a governing board is rude to a person during testimony or during the public comment period, the state Attorney General’s Office says.

The legal opinion says conduct may be “less than harmonious” between the governing board and a member of the public, but there is no violation of the law unless the meeting is stopped because of the conduct.

Gregory Garmong of Smith Valley filed a complaint against the Lyon County Commission, alleging he was subjected to rude and harassing behavior by commission members.

Garmong spoke for 30 minutes opposing a cell tower in Smith Valley that the commission ultimately approved.

He said he was interrupted during his presentation and “badgered and harassed” by the commission during his presentation.

In the opinion, Senior Deputy Attorney General George Taylor said there was no suppression of Garmong’s comments.

“Rudeness, assuming the Commission or several of them were rude, did not cause a disruption of the meeting,” Taylor said.

“Conduct between the members and the public may be less than harmonious, but unless the conduct actually causes a cessation of the meeting there is no violation of the Open Meeting Law,” Taylor wrote in a legal opinion dated Feb. 12 but only posted on the Attorney General’s Office website in the last week.