NEVADA OPEN MEETING LAW MANUAL - Nevada Attorney …

1 NEVADA open MEETING LAW MANUAL Attorney GENERAL ADAM PAUL LAXALT 100 NORTH CARSON STREET CARSON CITY, NEVADA 89701-4717 Telephone (775) 684-1100; Fax (775) 684-1108 Las Vegas: Telephone (702) 486-3420; Fax (702) 486-3768 Reno: Telephone (775) 688-1818; Fax (775) 688-1822 This MANUAL is published online at Twelfth Edition January 2016 -i- FOREWORD The NEVADA Legislature enacted significant amendments to the open MEETING Law (OML) in 2013 and 2015. This newly revised 2016 open MEETING Law MANUAL incorporates those new amendments. Comments and suggestions are welcome regarding this revision or future revisions. The full NEVADA Revised Statutes (NRS) Chapter 241 Meetings of State and Local Agencies can be found at: We encourage the reader to visit the Attorney General s web page at There, you will find links to open MEETING Law Opinions beginning in 1993, this MANUAL , the OML compliance checklist, and the OML complaint form.

2 open MEETING Law Opinions are annotated in NRS Chapter 241 by the Legislative Counsel Bureau. Other opinions are labeled AG File No. and also are published on our webpage, which is searchable by the reader. Together, these opinions provide the reader with a multitude of factual scenarios and are a useful guide to this office s interpretation and application of the OML. -ii- TABLE OF CONTENTS Reference is made throughout the MANUAL to open MEETING Law Opinions (OMLO), which are opinions rendered by the Office of the Attorney General as a guideline for enforcing the open MEETING Law and not as a written opinion requested pursuant to NRS OMLO Opinions can be found at: government. Additional references may be found at Attorney General Opinions (Op. Nev. Att'y Gen.), which are opinions rendered pursuant to NRS PART 1 COMPLIANCE PART 2 WHAT IS A PUBLIC BODY THAT MUST CONDUCT ITS MEETINGS IN COMPLIANCE WITH THE open MEETING LAW?

3 15 General: discussion of statutory definition of public Blue ribbon commissions; Governor-appointed committees; executive agency boards, committees ..16 Agency Committees; subcommittees; advisory bodies .. 18 Commissions or committees appointed by the Legislature .. 20 Members-elect of public bodies .. 20 Appointment of designee to public body .. 20 Specific examples of entities which have been deemed to be public bodies .. 21 Specific examples of entities which have been deemed not to be public bodies .. 21 Private, nonprofit Quasi-judicial PART 3 WHAT ACTIVITIES ARE EXEMPT FROM THE open MEETING LAW?..24 Statutory -iii- Certain confidential investigative proceedings of the Gaming Control Board and Quasi-judicial proceedings no longer exempt from OML.

4 28 Attorney -client conference exception .. 28 Student governments ..29 Pre- MEETING discussion to remove or delay discussion of items from agenda .. 29 PART 4 WHAT GATHERINGS MUST BE CONDUCTED IN COMPLIANCE WITH THE open MEETING LAW? .. 30 General; statutory definitions .. 30 Informal gatherings and discussions that constitute deliberation .. 31 Social Seminars, conferences, conventions .. 34 Telephone conferences/video conferences .. 34 Electronic .. 35 Mail .. 36 Serial communications, or walking quorums .. 36 Private briefings among staff of public body and non-quorum of 39 Meetings held out-of-state or out-of-local jurisdiction .. 39 Exception for conferring with counsel .. 39 Meetings held with another public body.

5 40 Appointment of public PART 5 WHAT ARE THE NOTICE REQUIREMENTS UNDER THE open MEETING LAW? (see Sample Forms 1 and 3) ..42 Contents of notice ..42 -iv- Posting the notice .. 44 Mailing the written notice; mailing list .. 45 Calculating three working days .. 46 Providing copies of agenda and supporting material upon request .. 46 Fees for providing notice of copies of supporting material .. 50 Providing individual notice to persons whose character, alleged misconduct, professional competence, physical or mental health are to be considered; waivers of notice; exemption from OML for meetings held to consider individual applications for employment (NRS )..53 MEETING to consider administrative action against a person or acquisition of real property by eminent domain (NRS 55 PART 6 WHAT ARE THE REQUIREMENTS FOR PREPARING AND FOLLOWING THE AGENDA?)

6 (See Sample Form 1)..58 Agenda must be clear and complete (See Sample Form 1) ..59 Stick to the Matters brought up during public comment; MEETING continued to another MEETING that must be continued to a future date ..65 PART 7 WHAT ARE THE REQUIREMENTS FOR CONDUCTING AN open MEETING ?.. 67 Accommodations for physically handicapped Public comment: multiple periods of public Reasonable time, place and manner restrictions apply to public -v- Excluding people who are disruptive .. 71 Excluding witnesses from testimony of other witnesses .. 71 Vote by secret ballot is forbidden; voting requirements for elected public bodies; voting requirements for appointed public bodies (NRS ) .. 71 Audio and/or video recordings of public meetings by members of the Telephone PART 8 WHEN ARE CLOSED MEETINGS AUTHORIZED AND HOW ARE THEY TO BE HANDLED?

7 74 When closed sessions may be When closed sessions may not be Closed MEETING ; definition of character and competence ; employment interviews and performance evaluations; notice The appointment to public office closed MEETING How to handle closed sessions to consider character, allegations of misconduct, professional competence, or physical and mental health of a PART 9 WHAT RECORDS MUST BE KEPT AND MADE AVAILABLE TO THE PUBLIC? ..81 Requirement for and content of written Retention and disclosure of Making and retaining audiotapes or video recordings of Fees for inspecting or copying minutes and -vi- PART 10 WHAT HAPPENS IF A VIOLATION OCCURS?..84 ..84 Correcting a Actions taken in violation are Reconsidering actions that are.

8 87 Any person denied a right under the law may bring a civil The Office of the Attorney General may bring a civil Time limits for filing lawsuit; policy for enforcement of Jurisdiction and venue for suits ..90 Standards for injunctions and enforcing Criminal Public officers may be removed from Filing a complaint; procedure; Attorney General subpoena power; public Public notice of Attorney General Opinion finding violation by public Monetary penalty for willful violation: one-year limitations PART 11 HOW IS THE open MEETING LAW INTERPRETED AND APPLIED?.. 95 Legislative declaration and Standards of 95 Use of standard of 95 Attorney General 95 -vii- PART 12 WHAT ELSE DO I NEED TO KNOW ABOUT THE open MEETING LAW?..97 Relationship of open MEETING Law to Administrative Procedure Act, NRS Chapter Relationship of open MEETING Law to First Amendment to the Constitution of the United Relationship of open MEETING Law and 98 SAMPLE FORM 1: NOTICE AND AGENDA OF PUBLIC MEETING (WITH COMMENTS).

9 100 SAMPLE FORM 2: SAMPLE FORM 3: NOTICE OF INTENT TO CONSIDER CHARACTER, MISCONDUCT, COMPETENCE OR HEALTH OF A PERSON, NRS ..108 PROOF OF -8- Part 1 COMPLIANCE CHECKLIST This is a checklist to reference when applying the open MEETING Law. References in brackets are to the NRS and to sections of this MANUAL . _____ Does the open MEETING Law apply? _____ Is the entity a public body? [NRS (4), ] _____ Is there an exemption or exception from the open MEETING Law? [ ] _____ Is a MEETING going to occur? [NRS (3), ] _____ Will a quorum of the members of the public body be present? [ ] _____ Will a quorum deliberate toward a decision or take action on any matter over which the public body has supervision, control, jurisdiction, or advisory power?

10 [ ] Agenda (see Sample Form 1) _____ Has a clear and complete agenda of all topics to be considered been prepared? NRS (2)(d)(1) , ] _____ Does the agenda list all topics scheduled to be considered during the MEETING ? [ , ] _____ Have all the topics been described clearly in the agenda in order to give the public adequate notice? [ , ] _____ Does the agenda include designated periods for public comment? Does the agenda state that action may not be taken on the matters discussed during this period until specifically included on an agenda as an action item? [ , , ] _____ Does the notice inform the public that (1) items may be taken out of the order listed on the agenda, and (2) agenda items may be combined for consideration, and (3) items may be delayed or removed at any time? [ ] _____ Does the agenda (1) describe the items on which action may be taken and (2) clearly denote that these items are for possible action?