Comm'n on Ethics of Nev. v. Hansen

Summary

The Nevada Supreme Court dismissed the Commission on Ethics of Nevada's appeal because its notice of appeal was filed without authorization from the Commission as a whole. The court held that a public body must authorize an appeal in an open meeting before counsel files the notice, and that later ratification is effective only prospectively under Nevada's open meeting law. A dissent argued that authorization by the Commission's executive director and chair, followed by ratification, was sufficient.

Holdings

1. A public body's decision to appeal an adverse determination constitutes an action requiring authorization by the public body in an open meeting before counsel files the notice of appeal.
2. The Commission's chair and executive director lacked authority, on the record presented, to authorize counsel to file the appeal on behalf of the Commission without action by the Commission as a whole.
3. The Commission's later authorization at an open meeting did not cure the defective notice of appeal because the ratification occurred after the 30-day appeal period had expired, and corrective action under Nevada's Open Meeting Law operates only prospectively.

Questions Presented

1. Whether an attorney representing a public body must obtain authorization from the public body in a properly convened open meeting before filing a notice of appeal.
2. Whether authorization by the Commission's chair and executive director was sufficient to authorize the appeal.
3. Whether the Commission's later ratification of the appeal cured the defective notice of appeal after the statutory appeal period had expired.

Disposition

dismissed