The Open Meeting Law requires that meetings of public bodies be open to the public, with limited exceptions set forth specifically in statute. (NRS 241.020) With certain exceptions, to constitute a “meeting” for purposes of the Open Meeting Law, the following two conditions must be met: (1) there must be a gathering of members of a public body at which a quorum is present; and (2) the members must be gathering to deliberate toward a decision or to take action on any matter over which the public body has supervision, control, jurisdiction or advisory power. In addition, a “meeting” occurs for purposes of the Open Meeting Law when a collective quorum of the members of a public body attend a series of gatherings of less than a quorum of a public body held with the specific intent to avoid the provisions of the Open Meeting Law. A “meeting” does not occur for purposes of the Open Meeting Law where a quorum of members of a public body receives information from its attorney regarding potential or existing litigation involving a matter over which the public body has supervision, control, jurisdiction or advisory power and deliberate toward a decision, but not take action, on the matter. The Open Meeting Law further provides that a “meeting” does not occur if there is a gathering or series of gatherings of a quorum of members of a public body: (1) which occurs at a social function if the members do not deliberate toward a decision or take action on a matter over which the public body has supervision, control, jurisdiction or advisory power; or (2) to receive training regarding the legal obligations of the public body if the members do not deliberate toward a decision or take action on a matter over which the public body has supervision, control, jurisdiction or advisory power. Section 4 of this bill makes technical, nonsubstantive changes to reorganize the definition of “meeting” to make clear that a meeting does not occur for purposes of the Open Meeting Law if the members of a public body, regardless of the presence of an actual or collective quorum of those members, do not deliberate or take action on a matter over which the public body has supervision, control, jurisdiction or advisory power. For purposes of the Open Meeting Law, a quorum is defined as a simple majority of the membership of a public body unless a different proportion is provided in law for that public body. (NRS 241.015) Under existing law, some public bodies include nonvoting members as well as voting members and, for some such public bodies, existing law specifies whether nonvoting members are counted for purposes of determining a quorum. (See, e.g., NRS 360.010, 360.080) Section 4 specifies that, unless otherwise provided in law for a public body, nonvoting members are not counted for purposes of determining a quorum of that public body. Section 2 of this bill specifies that, unless otherwise provided by specific statute or unless all members of the public body must be elected officials, if a vacancy occurs in the voting membership of a public body, the necessary quorum and number of votes necessary to take action on a matter is reduced as though the voting membership does not include the vacancy. The Open Meeting Law authorizes a public body to conduct a meeting by means of a remote technology system under certain circumstances. (NRS 241.023) Sections 4, 5 and 8 of this bill make conforming changes to include remote technology systems as one of the means by which public bodies conduct meetings. The Open Meeting Law prohibits, with certain exceptions, a public body from holding 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 given written notice to that person of the time and place of the meeting and received proof of service of the notice. With certain exceptions, the notice is required to be delivered personally to the person or sent by certified mail by certain deadlines. (NRS 241.033) Section 6 of this bill adds to the methods by which such notice may be given and revises the deadlines for providing such notice. The Open Meeting Law prohibits, with certain exceptions, a public body from holding a meeting to consider 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 unless the public body has given written notice to that person of the time and place of the meeting and received proof of service of such notice. With certain exceptions, the notice must be delivered personally to the person or sent by certified mail by certain deadlines. (NRS 241.034) Sections 3 and 7 of this bill: (1) reorganize these provisions; and (2) revise the deadlines for providing such notice. Section 3 adds to the manners by which notice of a meeting to consider whether to take administrative action against a person may be given. Section 4 defines the term “administrative action against a person.” Sections 16-19 of this bill make conforming changes relating to the reorganization of these provisions. Under existing law, with certain exceptions, if a public officer on a body or committee abstains from voting on a matter because of certain conflicts of interest, as required by the Nevada Ethics in Government Law, the necessary quorum and the number of votes necessary to act upon the matter is reduced as though the member abstaining were not a member of the body or committee. (NRS 281A.420) The Open Meeting Law provides that in a county whose population is 45,000 or more (currently Carson City and Clark, Douglas, Elko, Lyon, Nye and Washoe Counties), the reduction in the necessary quorum and the number of votes necessary to act upon the matter does 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. (NRS 241.0355) Sections 9 and 10 of this bill eliminate the requirement that the member of such a public body receives and discloses the opinion of the legal counsel in order to reduce the necessary quorum and the number of votes necessary to act upon the matter. Existing law requires the appointment of committees to prepare arguments advocating or opposing approval of statewide ballot measures proposed by initiative or referendum, county ballot measures and city ballot measures. (NRS 293.252, 295.121, 295.217) Under existing law, the provisions of the Open Meeting Law do not apply to any consultations, deliberations, hearings or meetings that are conducted by committees that prepare arguments advocating or opposing approval of county ballot measures. (NRS 295.121) Sections 11 and 12 of this bill also exempt from the Open Meeting Law consultations, deliberations, hearings or meetings that are conducted by: (1) committees that prepare arguments advocating or opposing approval of statewide ballot measures proposed by initiative or referendum; and (2) committees that prepare arguments advocating or opposing approval of city ballot measures. Section 5 of this bill makes a conforming change to indicate these additional exemptions from the Open Meeting Law. The Open Meeting Law defines a “public body” to include a library foundation, an educational foundation and a university foundation if the foundation is created in a specified manner. (NRS 241.015) Sections 13 and 14 of this bill clarify that the Open Meeting Law only applies to a library foundation or an educational foundation if the foundation meets the definition of a “public body.” (NRS 379.1495, 388.750) Section 4 provides that the Open Meeting Law applies to a university foundation.

Statutes affected:
As Introduced: 241.015, 241.016, 241.033, 241.034, 241.035, 241.0355, 281A.420, 293.252, 295.217, 379.1495, 388.750, 396.405, 622A.300, 642.518, 642.557, 654.190
Reprint 1: 241.015, 241.016, 241.033, 241.034, 241.035, 241.0355, 281A.420, 293.252, 295.217, 379.1495, 388.750, 622A.300, 642.518, 642.557, 654.190
As Enrolled: 241.015, 241.016, 241.033, 241.034, 241.035, 241.0355, 281A.420, 293.252, 295.217, 379.1495, 388.750, 622A.300, 642.518, 642.557, 654.190
BDR: 241.015, 241.016, 241.033, 241.034, 241.035, 241.0355, 281A.420, 293.252, 295.217, 379.1495, 388.750, 396.405, 622A.300, 642.518, 642.557, 654.190