To the Editor:

This letter is to make the people of the City of Ely aware of wrongdoing on behalf of the City of Ely. I have on several occasions gone into City Hall to obtain copies of City Council agenda item information as well as either minutes and/or copies of the CDs of the actual meeting. I was charged for all of these documents even though the City should not have been charging. When I questioned them on why they were charging, the answer was we have an ordinance in place to charge these fees. In 2013 the law changed and the Open Meeting Law manual states that they CANNOT charge for such documents. I contacted the Attorney General’s office only to find out that, yet, indeed, the City of Ely had violated Nevada Revised Statute 241.020(6) and Nevada Revised Statute 241.035(2). I am incorporating herewith the actual correspondence I received from the Attorney General’s office…

The Open Meeting Law requires that one copy of the agenda, any supporting materials, and the recording of a public meeting be provided at no cost to a member of the public requesting them. Specifically, NRS 241.030(6) provides:

Upon any request, a public body shall provide, at no charge, at least one copy of:

An agenda for a public meeting;

(b) A proposed ordinance or regulation which will be discussed at the public meeting; and

(c) Subject to the provisions of subsection 7 or 8, as applicable, any other supporting materials provided to the members of the public body for an item on the agenda, except materials:

(1) Submitted to the public body pursuant to a nondisclosure or confidentiality agreement which relates to proprietary information;

(2) Pertaining to the closed portion of such a meeting of the public body; or

(3) Declared confidential by law, unless otherwise agreed to by each person whose interest is being protected under the order of confidentiality. NRS 241.035(2) further provides in pertinent part: “A copy of the minutes or audio recording must be made available to a member of the public upon request at no charge.”

The city cannot by ordinance override the provisions of NRS Chapter 241.I have copied the City Attorney on this response,

Regards,

Brent Kandt

Chief Attorney General

Office of the Nevada Attorney General

When the City was advised they needed to reimburse everybody, Robert Switzer indicated he would refund other people only if they requested to be refunded. The City of Ely violated the Nevada Revised Statute and if you or if you know of anyone who has paid for such copies, please request immediate reimbursement from the City of Ely. They should have all of the request records on file and will have to look them up for reimbursement.

Hopefully, they have learned something from this, but then again…

Linda Davies

Ely