A Washoe County School District trustee sued the Nevada Commission on Ethics in late September, claiming the commission violated the state’s Open Meeting Law. Trustee Joe Rodriguez filed a complaint through the McDonald Carano law firm, alleging that the commission did not notify him about a July 23, 2024, meeting.

During that meeting, commissioners discussed appealing a court decision that had ruled in Rodriguez’s favor. Rodriguez had been found to have violated state ethics laws in April 2023 for appearing in his state fire marshal uniform in photos on his school trustee campaign website.

Rodriguez appealed the commission’s decision in Washoe County’s Second Judicial District Court. Judge Kathleen Sigurdson sided with Rodriguez, ruling that for the commission to find a violation, a public official must “actually use time, property, equipment or other facility” belonging to the government for their campaign.

“Although the photographs depicted Trustee Rodriguez in his uniform and with a badge and/or gun, at the time the photographs were taken, Trustee Rodriguez was not using these items for any personal purpose but was undisputedly performing his official duties,” Sigurdson wrote.

However, in July, the commission appealed Sigurdson’s decision to the Nevada Supreme Court. Rodriguez, through his attorney, stated he was never notified of the July ethics commission meeting, during which his character was discussed.

The complaint, filed on Sept. 20 in district court, aims to invalidate the commission’s decision to appeal. Rodriguez argued that Nevada law required the commission to give him at least seven days’ written notice before the meeting, as it involved discussions about his “character, alleged misconduct, and professional competence.”

“The commissioners publicly discussed the factual and legal aspects of the alleged violations against Rodriguez, but neither Rodriguez nor his lawyer received notice of this meeting. This denied them the chance to make public comments,” the complaint states.

Adam Hosmer-Henner, Rodriguez’s attorney, pointed to a YouTube video of the meeting where a commissioner publicly commented on Rodriguez’s alleged ethical violations.

The complaint asks the court to declare the commission’s appeal decision “null and void” due to the alleged Open Meeting Law violation. It also requests the court to prevent the commission from moving forward with the appeal.

The commission is scheduled to discuss the matter at its Oct. 16 meeting.