Ruling backs appointees’ ability to make, second motions at Clark County School Board

The cities of Henderson and North Las Vegas have won a court ruling in their demand for the Clark County School Board to rescind its new policy barring appointed, nonvoting board members from making or seconding motions.

Clark County District Judge Nadia Krall ruled last week that the board needed to repeal the policy to comply with the state law passed last year allowing the governing bodies of four municipalities — Henderson, North Las Vegas, Las Vegas and Clark County — to appoint nonvoting members to the board. The appointees took office in January, and not long after a majority of the elected members instituted the rule restricting motions.

Assembly Bill 175 — a bipartisan effort in the 2023 legislative session to add four advisory members to the seven voting, elected members of the Clark County School District’s often-fractured school board — explicitly said the appointed members could not vote or serve as board officers.

The bill did not say anything about the appointed members making or seconding motions; it said that aside from not voting or serving as officers, appointees “shall have the same rights and responsibilities as voting members of the board of trustees.”

Attorneys for CCSD argued that if the law intended for appointees to make or second motions, the legislation would have said so explicitly. CCSD also said that Henderson and North Las Vegas, which have both had education initiatives, divisions and programming in partnership with local schools for years, did not have standing to bring the lawsuit.

The judge, however, sided with the cities. Written findings of facts are pending.

“We appreciate the court’s time and attention to this matter and are very pleased with the judge’s decision to uphold the clear language and intent of the law,” Henderson Mayor Michelle Romero said in a statement. “We look forward to restoring the rightful role of the city-appointed trustees, as a voice for the communities they serve to pursue a quality education for all students.”

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