Mesquite council delays vote on measure giving city attorney expanded legal authority

The Mesquite City Council on March 4 debated a proposed change to city rules that would allow the city attorney to act on certain legal matters without prior public council direction; after public comment and a lengthy discussion about the city charter, the council voted to pull the item for further review.

Residents and council members said the proposal could conflict with the Mesquite City Charter and cited state law and case law in questioning the change. In public comment, Steve Duffield said, “if you propose and pass this, you're gonna violate the city charter,” and urged the council not to adopt the proposal without outside legal review.

The measure on the agenda would add language to Title 1, Administration, Chapter 7 (City officers and employees) by inserting a new section 1-7-8 regarding the city attorney. The language presented to the council would allow the city attorney to make short-term filings or appearances in situations where an open meeting would not be possible; it removed language granting settlement authority, according to the City Attorney.

The City Attorney, addressing the council, said the change was intended to preserve the city’s rights in fast-moving litigation: “The whole purpose of the resolution is to allow the City Attorney to act when there's not time to consult with the body in an open meeting,” and he emphasized the draft does not include settlement authority and that settlement authority remains vested in the council unless specifically delegated.

Council members pressed for clarity about the scope of authority and consistency with the charter. Councilman Boger and others asked for a redline comparing the current language (before September 2024) with the proposed text. Councilwoman Gallo said she had “serious concerns” about whether the measure was consistent with the charter and moved to pull the item until the council could investigate further; Councilman Boger seconded the motion. The roll call recorded in the transcript named some votes (Gallo and Boger voting yes; at least one member recorded a "no"), and the council agreed to remove the item from the agenda for additional legal review.

Speakers and council members also referred repeatedly to prior attempts to grant similar authority. The City Attorney noted the history of litigation and case law that inform the proposed language, including a reference during the meeting to State Commission on Ethics v. Hansen (Nevada Supreme Court, 2018) and a post‑2009 statute the office cited as allowing a body to delegate limited authority to an executive officer in emergency circumstances; council members and public commenters said they wanted independent confirmation that the draft is consistent with the Mesquite City Charter before returning it to the agenda.

The council did not adopt the proposed delegation at the March 4 technical review meeting; the item will be returned for formal consideration only after staff obtains further legal analysis and provides a comparison of the prior and proposed text.

Details and next steps: The City Attorney offered to obtain an outside attorney opinion if the council desired. Councilmembers asked that staff supply a redline of the draft showing changes from the prior September 2024 version and that any future presentation clearly show whether settlement authority is being delegated (the current draft omits settlement authority).