Attorney general's office clears Stadium Board of alleged Open Meeting Law violation

The attorney general’s office has determined the Las Vegas Stadium Authority did not violate the Open Meeting Law during its process of selecting the board’s final two members, according to a legal opinion released Thursday.

The Stadium Authority received criticism after the seven existing members read applications for the two open seats and submitted their nominations to Applied Analysis, a company contracted by the board to provide administrative services. Some considered the process a “poll” of existing members before a public vote Jan. 12.

Clark County Commissioner Chris Giunchigliani filed a formal complaint Jan. 25 with the attorney general’s office, alleging the activity broke the Open Meeting Law, which triggered an investigation.

Ultimately, the office disagreed, noting in the legal opinion that “the process by which Applied Analysis notified the Board members of the list of applicants and then had each Board member submit two names for consideration directly to Applied Analysis did not constitute serial communications in violation of the (Open Meeting Law).”

The nominations were not shared with other board members until the agenda and supporting materials for the Jan. 12 public meeting were posted, Chief Deputy Attorney General Brett Kandt said in the opinion. The office has closed the investigation of the matter.

Giunchigliani said she’s satisfied with the investigation and, based on the description of events provided by the attorney general’s office, agrees with its decision.

“I don’t have any problems,” Giunchigliani said, adding that she was simply seeking clarity. “I’m glad I sent it in so they could take a look at it.”

The office’s conclusion jibes with what Steve Hill, who chairs the Stadium Authority, has said all along: The process followed the law, even if it unintentionally created the appearance of a violation.

“I know all of us want to not only follow the letter of the Open Meeting Law, but we want compliance to be without question,” he said at a Jan. 26 board meeting.

The Stadium Authority, which governs the planned 65,000-seat stadium, meets again March 9.