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To: goldsheet who wrote (56374)7/17/2000 4:01:35 PM
From: long-gone  Respond to of 116815
 
<< can't even get excited about a $2 rise in gold,
and you expect CNBC to notice <grin>

They are willing to talk about a $0.03 move in oil??????



To: goldsheet who wrote (56374)7/17/2000 4:53:45 PM
From: long-gone  Respond to of 116815
 
Nevada AG affirms shovel can be on courthouse lawn
Jul 14 2000 12:00AM By By GARY BEGIN

The Nevada Attorney General’s Office has issued a decision affirming the right of Elko County to have the Shovel Brigade shovel placed on the courthouse lawn.
The actual decision was rejection of a complaint by Janice King that Elko County Commissioners violated the Nevada Open Meeting Law.

“We have completed our investigation of your complaint … we conclude that under the particular facts of this case, the Commission did not violate the Open Meeting Law,” states a decision signed by Deputy Attorney General Victoria Oldenburg on Monday.

It was Oldenburg who found the commission violated the open meeting law in their infamous April 1, 1999, meeting in Wells.

King alleged in her complaint that commissioners told her that “they (the commission) admitted that they had reached a consensus and informal agreement to allow the shovel to remain on the lawn while also admitting they never placed the issue on the agenda.”

The attorney general’s opinion, however, states that although “certain members of the commission expressed individual support for placing the shovel on the lawn, there is no evidence that a quorum of the commission took action on the matter outside the ambit of the Open Meeting Law.”

“Rather, the decision to place the shovel on the lawn was within the authority and control of the County Manager (George Boucher). Accordingly, we find no violation of the Open Meeting Law in this regard,” states the document.

King’s complaint also alleged the commissioner’s violated the law during their March 8 meeting, but, once again, the Attorney General’s Office disagreed.

During that meeting a discussion was held regarding the South Canyon Road mediation.

The agenda line item read: “Discussion and potential approval of Mediation Agreement, and other documented items/issues as may apply.”

“Discussion ensued regarding the Mediation Agreement … a motion was made and passed …”

“Thereafter, discussion ensued as to whether to remove the District Attorney and hire outside counsel to represent the county in the mediation” with Commissioner Brad Roberts making a motion to remove Elko County District Attorney Gary Woodbury “from any further actions involving South Canyon or any other involving any public land litigation …”

The motion subsequently failed.

Oldenburg’s decision states the motion to remove Woodbury was allowable because it fell into the broad “discussion … and other documented items/issues as may apply” agenda item.

She does state, however, that “we (the attorney general’s office) do believe the agenda item could have been described with more particularity.”

Oldenburg states: “We are informed that the District Attorney is working closely with the county manager to address your (King’s) concerns and to describe agenda items with greater particularity when possible.

“In addition, our office will be providing training to the commission in August of this year that will include guidance on issues relative to the public meeting notice and agenda,” concludes the opinion.

Oldenburg said today she was uncertain as to the legality of Boucher placing a political symbol such as the giant shovel on the lawn and referred any questions as to the ethics of placing the shovel to Nancy Varnum of the Nevada Commission on Ethics.

Varnum said today she is not aware of any specific Nevada statute that forbids the county manager from placing the shovel, although she did say she wanted time to research the issue further.

Varnum said Elko County laws should be researched to see if county ordinances apply to the separation of individual political opinions expressed on county property by a county worker while on county time.

The practice of federal workers expressing specific political beliefs while at work or using federal property to do so is illegal, but neither Oldenburg nor Varnum were sure if state or county laws contained the same prohibitions on political activity.

Boucher was not available for comment nor was King.

zwire.com