Washoe County Trustee Sues Nevada Ethics Commission Over Alleged Open Meeting Law Violation

A Washoe County School District trustee has initiated legal action against the Nevada Commission on Ethics, alleging the commission’s actions constituted a breach of the state’s Open Meeting Law. Trustee Joe Rodriguez, represented by the McDonald Carano law firm, filed the lawsuit in late September.

According to the complaint, the commission failed to notify Rodriguez about a meeting held on July 23, 2024. During this session, the commission decided to appeal a court ruling that had favored Rodriguez previously. The initial ruling found Rodriguez not guilty of violating state ethics laws, after he appeared in his state fire marshal uniform in photographs on his campaign website while running for a position as a school trustee.

Judge Kathleen Sigurdson of Washoe County’s Second Judicial District Court had ruled that the ethics violation was unfounded. She asserted that a public official must “actually use time, property, equipment or other facility” belonging to the government for campaign purposes to breach ethics laws. Sigurdson wrote that although Rodriguez was pictured in his fire marshal uniform, he was carrying out official duties at the time, not exploiting his position for personal gain.

The ethics commission, however, chose to appeal Judge Sigurdson’s decision, a move Rodriguez contends occurred without proper notice. His lawsuit seeks to nullify the commission’s decision based on this alleged Open Meeting Law violation.

Rodriguez’s attorney, Adam Hosmer-Henner, highlighted that neither Rodriguez nor his legal team were notified of the meeting, thereby denying them the opportunity to participate in discussions concerning Rodriguez’s character and purported misconduct. According to the complaint, Nevada law mandates the commission give at least seven days’ written notice of meetings involving such discussions.

The complaint also references a YouTube video where a commissioner is seen discussing Rodriguez’s ethical conduct. The legal filing requests the court declare the appeal “null and void,” and to restrain the commission from progressing with the judicial appeal.

In a related development on October 16, 2024, the Nevada Commission on Ethics voted to authorize its legal team to defend against Rodriguez’s lawsuit. The commission’s counsel was empowered to manage the lawsuit, including the filing of necessary motions. One member, Amanda Yen, abstained from the vote due to a conflict of interest, as she represents the law firm employed by Rodriguez.

This case continues to unfold with the commission expected to further address the lawsuit in their upcoming sessions.