FOR IMMEDIATE RELEASE

Contact: Suzanne Ernst (702) 889-8426

LAS VEGAS - The search for the president of the Community College of Southern Nevada continues today as the state's supreme court overturned a lower court's ruling.

In a 4-3 decision, the Nevada Supreme Court ruled in favor of the UCCSN and the Board of Regents by declaring that a community college president was not considered a public official and that the Board of Regents could conduct candidate interviews in closed session, pursuant to the open meeting law.

"The court's decision today validates the process we have followed for all of our presidential searches," said Dr. Jane Nichols, UCCSN chancellor. "We have always conducted our business in the open and will continue to do so. This ruling allows the Regents to determine on each search whether or not interviews can be conducted in closed or open session. It is important to remember, however, that all decisions are made publicly."

In an opinion authored by Justice Robert E. Rose, the court ruled that "NRS 281.005 (1) is properly used to determine who is a public officer for purposes of the open meeting law. Adherence to this definition should provide reasonable certainty in deciding which provisions of the open meeting law apply in a particular situation."

"We further conclude that the office of community college president is not a 'public office.' The position was not created by law, and it has not been charged by law with duties involving an exercise of the state's sovreign power. Therefore, the Committee is not prohibited from interviewing applicants for the position in a closed session. Accordingly, we reverse the district court's order."

The court's advanced opinion can be viewed online at: http://www.leg.state.nv.us/scd/117NevAdvOpNo19.html

In separate action today, the Regents' ad hoc CCSN Presidential Search Committee voted to move forward with its search which had been suspended since October 2000. The committee, chaired by Regent Doug Seastrand, voted to follow the recommendations of the presidential search advisory committee and restart the search. The new search will be conducted by the Association of Community College Trustees which is based in Washington, D.C.

Comprising two doctoral-granting universities, four comprehensive community colleges and one environmental research institution, the University and Community College System of Nevada serves the educational and job training needs of the nation's fastest growing state. As Nevada's only system of higher education, the UCCSN provides educational opportunities to nearly 100,000 students.