Del Papa v. Board of Regents of the University & Community College System

956 P.2d 770, 114 Nev. 388, 1998 Nev. LEXIS 47
CourtNevada Supreme Court
DecidedApril 9, 1998
Docket28966
StatusPublished
Cited by23 cases

This text of 956 P.2d 770 (Del Papa v. Board of Regents of the University & Community College System) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Del Papa v. Board of Regents of the University & Community College System, 956 P.2d 770, 114 Nev. 388, 1998 Nev. LEXIS 47 (Neb. 1998).

Opinions

[390]*390OPINION

By the Court, Maupin, J.:

This is an appeal from an order of summary judgment in an action to enforce Nevada’s Open Meeting Law. Appellant, the Attorney General, contends that the district judge erred in determining as a matter of law that telephone polling does not constitute a meeting under any circumstances. We agree. However, we affirm on other grounds the district judge’s decision to dismiss the action.

FACTS

Nancy Price is a duly elected member of the Board of Regents (hereinafter “the Board”) for the University and Community College System of Nevada (hereinafter “the University”). On several occasions prior to April 5, 1992, Price made comments to the press criticizing the conduct of her fellow Regents. In these public statements, she objected to the process by which the Board selected an external auditor and the processes by which the presidents of the University of Nevada, Las Vegas, and the Western Nevada Community College were selected. Thereafter, at least seven Board members individually expressed their concerns about these comments to the chairman, James Eardley.

On April 5, 1995, Eardley met with Constance Howard, Interim Director of Public Information for the University. Eardley asked Howard to draft a response to Price’s comments. Howard then drafted a “media advisory.”

After Eardley reviewed the media advisory, it was disseminated by facsimile transmission to all of the Board members except Price. The draft advisory stated:

The individual members of the University and Community College System of Nevada Board of Regents wish to express their concern and opinion that recent statements to the media by Regent Nancy Price are unsubstantiated, incorrect and potentially damaging to the Board and the University System [391]*391as a whole. While the members of the Board respect the right of any one member to express his or her opinions, it is their sense that some of Regent Price’s comments go beyond opinion and are, in fact, unsubstantiated accusations of wrong doing. The members of the Board feel it is important to protest publicly against these statements in the interests of protecting the integrity of the Board and its policy-making rote for Nevada's higher education system.

(Emphasis added.)

A memorandum written by Howard accompanied the draft advisory requesting feedback on the draft, and seeking advice as to whether the proposed course of action should be pursued. The memorandum further indicated Eardley’s two-fold purpose in issuing the advisory: to protest some of Price’s earlier comments and to seek more balanced coverage from the media. Finally, the memorandum stated that no release would occur without Board approval.

On April 5, 1995, the recipients of the draft advisory responded by way of telephone calls to either Eardley, Howard, or both. These calls were charged to University calling cards. Some of the Regents who responded disagreed with the use of their names and, in varying degrees, to the language of the advisory itself.1 On April 6, 1995, Eardley decided not to issue the advisory.

After receiving a complaint from Regent Price regarding these facsimile transmissions and telephone calls, the Attorney General filed the instant lawsuit. Four counts of the Attorney General’s complaint charged the Regents with violating the Open Meeting Law by deciding whether to release the draft privately by “fax” and telephone rather than by public meeting. The other two counts alleged that the Regents had conducted a closed meeting to consider the character, alleged misconduct and professional competence of Price without giving her notice of the meeting. The Attorney General sought to establish violations of several sections of NRS chapter 241. She also sought injunctive relief prohibiting the Regents from repeating those violations, and a judgment voiding the result of the non-public poll. The district court granted summary judgment in the Board’s favor on these issues.

DISCUSSION

In 1993, NRS 241.020(1) provided that “all meetings of public bodies must be open and public, and all persons must be permit[392]*392ted to attend any meeting of these bodies.” NRS 241.020(1) (amended 1995).2 The term “ ‘[m]eeting’ means the gathering of members of a public body at which a quorum is present to deliberate toward a decision or to make a decision on any matter over which the public body has supervision, control, jurisdiction or advisory power.”3 NRS 241.015(2) (1995).4 Furthermore, “electronic communication . . . must not be used to circumvent the spirit or letter of [NRS chapter 241] in order to discuss or act upon a matter over which the public body has supervision, control, jurisdiction or advisory powers.” NRS 241.030(4).

The Attorney General argues that the district court erred in determining as a matter of law that these individual telephone calls and faxes between Regents and/or their employees did not constitute a “meeting” as defined by NRS chapter 241.

1. Statutory Construction

“The construction of a statute is a question of law.” General Motors v. Jackson, 111 Nev. 1026, 1029, 900 P.2d 345, 348 (1995). “Courts must construe statutes ... to give meaning to all of their parts and language. . . . The court should read each sentence, phrase, and word to render it meaningful within the context of the purpose of the legislation.” Board of County Comm’rs v. CMC of Nevada, 99 Nev. 739, 744, 670 P.2d 102, 105 (1983) (citations omitted). “A statute should always be construed to avoid absurd results.” General Motors, 111 Nev. at 1029, 900 P.2d at 348.

“Where the language of a statute is plain and unambiguous, and its meaning is clear and unmistakable, there is no room for construction, and the courts are not permitted to search for its meaning beyond the statute itself.” State v. Jepsen, 46 Nev. 193, 196, 209 P. 501, 502 (1922), quoted in Charlie Brown Constr. Co. v. Boulder City, 106 Nev. 497, 503, 797 P.2d 946, 949 (1990). “It is well settled in Nevada that words in a statute should be given their plain meaning unless this violates the spirit of the act.” McKay v. Bd. of Supervisors, 102 Nev. 644, 648, 730 P.2d 438, 441 (1986) (hereinafter “McKay”).

[393]*393The Board argues that a meeting could not have taken place because a quorum of the members was not “present” to make the decision. It claims that the term “present” means “in view” or “at hand.” Webster’s New Collegiate Dictionary 910 (1975).

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Bluebook (online)
956 P.2d 770, 114 Nev. 388, 1998 Nev. LEXIS 47, Counsel Stack Legal Research, https://law.counselstack.com/opinion/del-papa-v-board-of-regents-of-the-university-community-college-system-nev-1998.