In enacting this
chapter, the Legislature finds and declares that all public bodies exist
to aid in the conduct of the people’s business. It is the intent of the
law that their actions be taken openly and that their deliberations be
conducted openly.
(Added to NRS by 1960, 25; A 1977, 1099)
As used in this chapter, unless the
context otherwise requires:
1. “Action” means:
(a) A decision made by a majority of the members present during a
meeting of a public body;
(b) A commitment or promise made by a majority of the members
present during a meeting of a public body;
(c) If a public body may have a member who is not an elected
official, an affirmative vote taken by a majority of the members present
during a meeting of the public body; or
(d) If all the members of a public body must be elected officials,
an affirmative vote taken by a majority of all the members of the public
body.
2. “Meeting”:
(a) Except as otherwise provided in paragraph (b), means:
(1) The gathering of members of a public body at which a
quorum is present to deliberate toward a decision or to take action on
any matter over which the public body has supervision, control,
jurisdiction or advisory power.
(2) Any series of gatherings of members of a public body at
which:
(I) Less than a quorum is present at any individual
gathering;
(II) The members of the public body attending one or
more of the gatherings collectively constitute a quorum; and
(III) The series of gatherings was held with the
specific intent to avoid the provisions of this chapter.
(b) Does not include a gathering or series of gatherings of members
of a public body, as described in paragraph (a), at which a quorum is
actually or collectively present:
(1) Which occurs at a social function if the members do not
deliberate toward a decision or take action on any matter over which the
public body has supervision, control, jurisdiction or advisory power.
(2) To receive information from the attorney employed or
retained by the public body regarding potential or existing litigation
involving a matter over which the public body has supervision, control,
jurisdiction or advisory power and to deliberate toward a decision on the
matter, or both.
3. Except as otherwise provided in this subsection, “public body”
means any administrative, advisory, executive or legislative body of the
State or a local government which expends or disburses or is supported in
whole or in part by tax revenue or which advises or makes recommendations
to any entity which expends or disburses or is supported in whole or in
part by tax revenue, including, but not limited to, any board,
commission, committee, subcommittee or other subsidiary thereof and
includes an educational foundation as defined in subsection 3 of NRS
388.750 and a university foundation as defined in subsection 3 of NRS
396.405 . “Public body” does not include the Legislature of the State
of Nevada.
4. “Quorum” means a simple majority of the constituent membership
of a public body or another proportion established by law.
(Added to NRS by 1977, 1098; A 1993, 2308, 2624; 1995, 716, 1608;
2001, 1123 , 1836 )
1. Except as otherwise provided by specific statute, all meetings
of public bodies must be open and public, and all persons must be
permitted to attend any meeting of these public bodies. Public officers
and employees responsible for these meetings shall make reasonable
efforts to assist and accommodate physically handicapped persons desiring
to attend.
2. Except in an emergency, written notice of all meetings must be
given at least 3 working days before the meeting. The notice must include:
(a) The time, place and location of the meeting.
(b) A list of the locations where the notice has been posted.
(c) An agenda consisting of:
(1) A clear and complete statement of the topics scheduled
to be considered during the meeting.
(2) A list describing the items on which action may be taken
and clearly denoting that action may be taken on those items.
(3) A period devoted to comments by the general public, if
any, and discussion of those comments. No action may be taken upon a
matter raised under this item of the agenda until the matter itself has
been specifically included on an agenda as an item upon which action may
be taken pursuant to subparagraph (2).
(4) If any portion of the meeting will be closed to consider
the character, alleged misconduct or professional competence of a person,
the name of the person whose character, alleged misconduct or
professional competence will be considered.
(5) If, during any portion of the meeting, the public body
will consider whether to take administrative action against a person, the
name of the person against whom administrative action may be taken.
3. Minimum public notice is:
(a) Posting a copy of the notice at the principal office of the
public body or, if there is no principal office, at the building in which
the meeting is to be held, and at not less than three other separate,
prominent places within the jurisdiction of the public body not later
than 9 a.m. of the third working day before the meeting; and
(b) Providing a copy of the notice to any person who has requested
notice of the meetings of the public body. A request for notice lapses 6
months after it is made. The public body shall inform the requester of
this fact by enclosure with, notation upon or text included within the
first notice sent. The notice must be:
(1) Delivered to the postal service used by the public body
not later than 9 a.m. of the third working day before the meeting for
transmittal to the requester by regular mail; or
(2) If feasible for the public body and the requester has
agreed to receive the public notice by electronic mail, transmitted to
the requester by electronic mail sent not later than 9 a.m. of the third
working day before the meeting.
4. If a public body maintains a website on the Internet or its
successor, the public body shall post notice of each of its meetings on
its website unless the public body is unable to do so because of
technical problems relating to the operation or maintenance of its
website. Notice posted pursuant to this subsection is supplemental to and
is not a substitute for the minimum public notice required pursuant to
subsection 3. The inability of a public body to post notice of a meeting
pursuant to this subsection as a result of technical problems with its
website shall not be deemed to be a violation of the provisions of this
chapter.
5. Upon any request, a public body shall provide, at no charge, at
least one copy of:
(a) An agenda for a public meeting;
(b) A proposed ordinance or regulation which will be discussed at
the public meeting; and
(c) Subject to the provisions of subsection 6, any other supporting
material provided to the members of the public body for an item on the
agenda, except materials:
(1) Submitted to the public body pursuant to a nondisclosure
or confidentiality agreement which relates to proprietary information;
(2) Pertaining to the closed portion of such a meeting of
the public body; or
(3) Declared confidential by law, unless otherwise agreed to
by each person whose interest is being protected under the order of
confidentiality.
Ê As used in this subsection, “proprietary information” has the meaning
ascribed to it in NRS 332.025 .
6. A copy of supporting material required to be provided upon
request pursuant to paragraph (c) of subsection 5 must be:
(a) If the supporting material is provided to the members of the
public body before the meeting, made available to the requester at the
time the material is provided to the members of the public body; or
(b) If the supporting material is provided to the members of the
public body at the meeting, made available at the meeting to the
requester at the same time the material is provided to the members of the
public body.
Ê If the requester has agreed to receive the information and material set
forth in subsection 5 by electronic mail, the public body shall, if
feasible, provide the information and material by electronic mail.
7. A public body may provide the public notice, information and
material required by this section by electronic mail. If a public body
makes such notice, information and material available by electronic mail,
the public body shall inquire of a person who requests the notice,
information or material if the person will accept receipt by electronic
mail. The inability of a public body, as a result of technical problems
with its electronic mail system, to provide a public notice, information
or material required by this section to a person who has agreed to
receive such notice, information or material by electronic mail shall not
be deemed to be a violation of the provisions of this chapter.
8. As used in this section, “emergency” means an unforeseen
circumstance which requires immediate action and includes, but is not
limited to:
(a) Disasters caused by fire, flood, earthquake or other natural
causes; or
(b) Any impairment of the health and safety of the public.
(Added to NRS by 1960, 25; A 1977, 1099, 1109; 1979, 97; 1989, 570;
1991, 785; 1993, 1356, 2636; 1995, 562, 1608; 2001, 2395 ; 2003, 488 ; 2005, 2243 )
1. Except as otherwise provided in this section and NRS 241.031
and 241.033 , a public body may hold a closed meeting to:
(a) Consider the character, alleged misconduct, professional
competence, or physical or mental health of a person.
(b) Prepare, revise, administer or grade examinations that are
conducted by or on behalf of the public body.
(c) Consider an appeal by a person of the results of an examination
that was conducted by or on behalf of the public body, except that any
action on the appeal must be taken in an open meeting and the identity of
the appellant must remain confidential.
2. A person whose character, alleged misconduct, professional
competence, or physical or mental health will be considered by a public
body during a meeting may waive the closure of the meeting and request
that the meeting or relevant portion thereof be open to the public. A
request described in this subsection:
(a) May be made at any time before or during the meeting; and
(b) Must be honored by the public body unless the consideration of
the character, alleged misconduct, professional competence, or physical
or mental health of the requester involves the appearance before the
public body of another person who does not desire that the meeting or
relevant portion thereof be open to the public.
3. A public body may close a meeting pursuant to subsection 1 upon
a motion which specifies:
(a) The nature of the business to be considered; and
(b) The statutory authority pursuant to which the public body is
authorized to close the meeting.
4. This chapter does not:
(a) Apply to judicial proceedings.
(b) Prevent the removal of any person who willfully disrupts a
meeting to the extent that its orderly conduct is made impractical.
(c) Prevent the exclusion of witnesses from a public or private
meeting during the examination of another witness.
(d) Require that any meeting be closed to the public.
(e) Permit a closed meeting for the discussion of the appointment
of any person to public office or as a member of a public body.
5. The exceptions provided by this section, and electronic
communication, must not be used to circumvent the spirit or letter of
this chapter to act, outside of an open and public meeting, upon a matter
over which the public body has supervision, control, jurisdiction or
advisory powers.
(Added to NRS by 1960, 25; A 1977, 1100; 1983, 331; 1993, 2637;
2005, 977 , 2244 )
1. Except as otherwise provided in subsection 2, a public body
shall not hold a closed meeting to consider the character, alleged
misconduct or professional competence of:
(a) An elected member of a public body; or
(b) A person who is an appointed public officer or who serves at
the pleasure of a public body as a chief executive or administrative
officer or in a comparable position, including, without limitation, a
president of a university, state college or community college within the
Nevada System of Higher Education, a superintendent of a county school
district, a county manager and a city manager.
2. The prohibition set forth in subsection 1 does not apply if the
consideration of the character, alleged misconduct or professional
competence of the person does not pertain to his role as an elected
member of a public body or an appointed public officer or other officer
described in paragraph (b) of subsection 1, as applicable.
(Added to NRS by 1993, 2636; A 2005, 2245 )
1. A public body shall not hold a meeting to consider the
character, alleged misconduct, professional competence, or physical or
mental health of any person or to consider an appeal by a person of the
results of an examination conducted by or on behalf of the public body
unless it has:
(a) Given written notice to that person of the time and place of
the meeting; and
(b) Received proof of service of the notice.
2. The written notice required pursuant to subsection 1:
(a) Except as otherwise provided in subsection 3, must be:
(1) Delivered personally to that person at least 5 working
days before the meeting; or
(2) Sent by certified mail to the last known address of that
person at least 21 working days before the meeting.
(b) May, with respect to a meeting to consider the character,
alleged misconduct, professional competence, or physical or mental health
of a person, include an informational statement setting forth that the
public body may, without further notice, take administrative action
against the person if the public body determines that such administrative
action is warranted after considering the character, alleged misconduct,
professional competence, or physical or mental health of the person.
(c) Must include:
(1) A list of the general topics concerning the person that
will be considered by the public body during the closed meeting; and
(2) A statement of the provisions of subsection 4, if
applicable.
3. The Nevada Athletic Commission is exempt from the requirements
of subparagraphs (1) and (2) of paragraph (a) of subsection 2, but must
give written notice of the time and place of the meeting and must receive
proof of service of the notice before the meeting may be held.
4. If a public body holds a closed meeting or closes a portion of
a meeting to consider the character, alleged misconduct, professional
competence, or physical or mental health of a person, the public body
must allow that person to:
(a) Attend the closed meeting or that portion of the closed meeting
during which his character, alleged misconduct, professional competence,
or physical or mental health is considered;
(b) Have an attorney or other representative of his choosing
present with him during the closed meeting; and
(c) Present written evidence, provide testimony and present
witnesses relating to his character, alleged misconduct, professional
competence, or physical or mental health to the public body during the
closed meeting.
5. Except as otherwise provided in subsection 4, with regard to
the attendance of persons other than members of the public body and the
person whose character, alleged misconduct, professional competence,
physical or mental health or appeal of the results of an examination is
considered, the chairman of the public body may at any time before or
during a closed meeting:
(a) Determine which additional persons, if any, are allowed to
attend the closed meeting or portion thereof; or
(b) Allow the members of the public body to determine, by majority
vote, which additional persons, if any, are allowed to attend the closed
meeting or portion thereof.
6. A public body shall provide a copy of any record of a closed
meeting prepared pursuant to NRS 241.035 , upon the request of any person who received
written notice of the closed meeting pursuant to subsection 1.
7. For the purposes of this section, casual or tangential
references to a person or the name of a person during a closed meeting do
not constitute consideration of the character, alleged misconduct,
professional competence, or physical or mental health of the person.
(Added to NRS by 1993, 2636; A 2005, 977 , 2246 , 2248 )
1. Except as otherwise provided in subsection 3:
(a) A public body shall not consider at a meeting whether to:
(1) Take administrative action against a person; or
(2) Acquire real property owned by a person by the exercise
of the power of eminent domain,
Ê unless the public body has given written notice to that person of the
time and place of the meeting.
(b) The written notice required pursuant to paragraph (a) must be:
(1) Delivered personally to that person at least 5 working
days before the meeting; or
(2) Sent by certified mail to the last known address of that
person at least 21 working days before the meeting.
Ê A public body must receive proof of service of the written notice
provided to a person pursuant to this section before the public body may
consider a matter set forth in paragraph (a) relating to that person at a
meeting.
2. The written notice provided in this section is in addition to
the notice of the meeting provided pursuant to NRS 241.020 .
3. The written notice otherwise required pursuant to this section
is not required if:
(a) The public body provided written notice to the person pursuant
to NRS 241.033 before holding a meeting
to consider his character, alleged misconduct, professional competence,
or physical or mental health; and
(b) The written notice provided pursuant to NRS 241.033 included the informational statement described
in paragraph (b) of subsection 2 of that section.
4. For the purposes of this section, real property shall be deemed
to be owned only by the natural person or entity listed in the records of
the county in which the real property is located to whom or which tax
bills concerning the real property are sent.
(Added to NRS by 2001, 1835 ; A 2001 Special Session, 155 ; 2005, 2247 )
1. Each public body shall keep written minutes of each of its
meetings, including:
(a) The date, time and place of the meeting.
(b) Those members of the public body who were present and those who
were absent.
(c) The substance of all matters proposed, discussed or decided
and, at the request of any member, a record of each member’s vote on any
matter decided by vote.
(d) The substance of remarks made by any member of the general
public who addresses the public body if he requests that the minutes
reflect his remarks or, if he has prepared written remarks, a copy of his
prepared remarks if he submits a copy for inclusion.
(e) Any other information which any member of the public body
requests to be included or reflected in the minutes.
2. Minutes of public meetings are public records. Minutes or
audiotape recordings of the meetings must be made available for
inspection by the public within 30 working days after the adjournment of
the meeting at which taken. The minutes shall be deemed to have permanent
value and must be retained by the public body for at least 5 years.
Thereafter, the minutes may be transferred for archival preservation in
accordance with NRS 239.080 to 239.125
, inclusive. Minutes of meetings closed
pursuant to:
(a) Paragraph (a) of subsection 1 of NRS 241.030 become public records when the public body
determines that the matters discussed no longer require confidentiality
and the person whose character, conduct, competence or health was
considered has consented to their disclosure. That person is entitled to
a copy of the minutes upon request whether or not they become public
records.
(b) Paragraph (b) of subsection 1 of NRS 241.030 become public records when the public body
determines that the matters discussed no longer require confidentiality.
(c) Paragraph (c) of subsection 1 of NRS 241.030 become public records when the public body
determines that the matters considered no longer require confidentiality
and the person who appealed the results of the examination has consented
to their disclosure, except that the public body shall remove from the
minutes any references to the real name of the person who appealed the
results of the examination. That person is entitled to a copy of the
minutes upon request whether or not they become public records.
3. All or part of any meeting of a public body may be recorded on
audiotape or any other means of sound or video reproduction by a member
of the general public if it is a public meeting so long as this in no way
interferes with the conduct of the meeting.
4. Except as otherwise provided in subsection 6, a public body
shall, for each of its meetings, whether public or closed, record the
meeting on audiotape or another means of sound reproduction or cause the
meeting to be transcribed by a court reporter who is certified pursuant
to chapter 656 of NRS. If a public body makes an audio recording of a meeting or
causes a meeting to be transcribed pursuant to this subsection, the audio
recording or transcript:
(a) Must be retained by the public body for at least 1 year after
the adjournment of the meeting at which it was recorded or transcribed;
(b) Except as otherwise provided in this section, is a public
record and must be made available for inspection by the public during the
time the recording or transcript is retained; and
(c) Must be made available to the Attorney General upon request.
5. Except as otherwise provided in subsection 6, any portion of a
public meeting which is closed must also be recorded or transcribed and
the recording or transcript must be retained and made available for
inspection pursuant to the provisions of subsection 2 relating to records
of closed meetings. Any recording or transcript made pursuant to this
subsection must be made available to the Attorney General upon request.
6. If a public body makes a good faith effort to comply with the
provisions of subsections 4 and 5 but is prevented from doing so because
of factors beyond the public body’s reasonable control, including,
without limitation, a power outage, a mechanical failure or other
unforeseen event, such failure does not constitute a violation of the
provisions of this chapter.
(Added to NRS by 1977, 1099; A 1989, 571; 1993, 449, 2638; 2005,
978 , 1404 )
1. Any statement which is made by a member of a public body during
the course of a public meeting is absolutely privileged and does not
impose liability for defamation or constitute a ground for recovery in
any civil action.
2. A witness who is testifying before a public body is absolutely
privileged to publish defamatory matter as part of a public meeting,
except that it is unlawful to misrepresent any fact knowingly when
testifying before a public body.
(Added to NRS by 2005, 2242 )
1. A public body that is required to be composed of elected
officials only may not take action by vote unless at least a majority of
all the members of the public body vote in favor of the action. For
purposes of this subsection, a public body may not count an abstention as
a vote in favor of an action.
2. In a county whose population is 40,000 or more, the provisions
of subsection 5 of NRS 281.501 do not
apply to a public body that is required to be composed of elected
officials only, unless before abstaining from the vote, the member of the
public body receives and discloses the opinion of the legal counsel
authorized by law to provide legal advice to the public body that the
abstention is required pursuant to NRS 281.501 . The opinion of counsel must be in writing and
set forth with specificity the factual circumstances and analysis leading
to that conclusion.
(Added to NRS by 2001, 1123 ; A 2003, 818 )
The action
of any public body taken in violation of any provision of this chapter is
void.
(Added to NRS by 1983, 1012)
1. The Attorney General may sue in any court of competent
jurisdiction to have an action taken by a public body declared void or
for an injunction against any public body or person to require compliance
with or prevent violations of the provisions of this chapter. The
injunction:
(a) May be issued without proof of actual damage or other
irreparable harm sustained by any person.
(b) Does not relieve any person from criminal prosecution for the
same violation.
2. Any person denied a right conferred by this chapter may sue in
the district court of the district in which the public body ordinarily
holds its meetings or in which the plaintiff resides. A suit may seek to
have an action taken by the public body declared void, to require
compliance with or prevent violations of this chapter or to determine the
applicability of this chapter to discussions or decisions of the public
body. The court may order payment of reasonable attorney’s fees and court
costs to a successful plaintiff in a suit brought under this subsection.
3. Any suit brought against a public body pursuant to subsection 1
or 2 to require compliance with the provisions of this chapter must be
commenced within 120 days after the action objected to was taken by that
public body in violation of this chapter. Any such suit brought to have
an action declared void must be commenced within 60 days after the action
objected to was taken.
(Added to NRS by 1983, 1012; A 1985, 147)
The Board of Regents of the University of Nevada shall
establish for the student governments within the Nevada System of Higher
Education requirements equivalent to those of this chapter and shall
provide for their enforcement.
(Added to NRS by 1983, 1013; A 1993, 369)
1. Each member of a public body who attends a meeting of that
public body where action is taken in violation of any provision of this
chapter, with knowledge of the fact that the meeting is in violation
thereof, is guilty of a misdemeanor.
2. Wrongful exclusion of any person or persons from a meeting is a
misdemeanor.
3. A member of a public body who attends a meeting of that public
body at which action is taken in violation of this chapter is not the
accomplice of any other member so attending.
4. The Attorney General shall investigate and prosecute any
violation of this chapter.
(Added to NRS by 1960, 26; A 1977, 1100; 1983, 1013)
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