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) Existing law defines the term “meeting” for purposes of the Open Meeting Law and provides that the term does not include certain gatherings by members of a public body 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. (NRS 241.015) Section 1 of this bill provides instead that a “meeting” does not include certain gatherings by members of a public body to: (1) receive legal advice from the attorney employed or retained by the public body regarding a matter over which the public body has supervision, control, jurisdiction or advisory power; and (2) deliberate on the matter, provided such deliberation is limited to the legal advice. Existing law requires a public body to take comments by the general public at certain times during a meeting. (NRS 241.021) Existing law further requires a public body to provide notice of all meetings at least 3 working days before the meeting which must include certain information, including any restrictions on comments by the general public. (NRS 241.020) Section 3 of this bill provides that during each period devoted to public comment, each speaker must be allowed to provide at least 3 minutes of public comment. Section 2 of this bill makes a conforming change to provide that any restriction relating to public comment on the agenda must be consistent with section 3. Section 3 additionally authorizes a public body to refuse to accept public comment relating to issues of fact or law in a contested case which is before the public body until after that case has reached a final decision and any petition for judicial review is concluded. With certain exceptions, existing law authorizes a public body to conduct a meeting by means of a remote technology system but prohibits a public body from holding a meeting to consider a contested case or a regulation by means of a remote technology system unless there is a physical location for the meeting where members of the general public are permitted to attend and participate. (NRS 241.023) Section 4 of this bill prohibits instead a public body from holding a meeting by means of a remote technology system unless there is a physical location for the meeting where members of the general public are permitted to attend and participate if, at the meeting, the public body will adjudicate certain contested cases or hold a workshop or a hearing on a regulation. Existing law further requires that if a meeting is conducted using a remote technology system, clear and complete instructions for a member of the general public to be able to call in to the meeting to provide public comment must be read verbally before the first period of the day devoted to public comment. (NRS 241.023) Section 4 provides instead that such a requirement applies if the meeting is conducted using a remote technology system and a physical location is not designated for the meeting where members of the general public are permitted to attend and participate. Existing law provides certain privileges for statements and testimony made at a public meeting, including an authorization, subject to a qualified privilege, for a witness who is testifying before a public body to publish defamatory matter as a part of a public meeting. (NRS 241.0353) Section 5 of this bill provides instead that: (1) a witness who, subject to certain penalties relating to perjury, testifies under oath before a public body may publish defamatory matter as part of a public meeting; and (2) in general, no provision of the Open Meeting Law shall be construed to affect any civil cause of action for defamation, libel, slander or any similar cause of action arising from defamatory statements made by a member of the public while he or she provides public comment to a public body. Existing law provides that: (1) certain requirements of the Open Meeting Law do not apply to proceedings relating to an investigation conducted to determine whether to proceed with disciplinary action against a licensee unless the licensee requests that the proceedings be conducted in such a manner; and (2) if the regulatory body decides to proceed with disciplinary action against the licensee, all proceedings that are conducted after that decision and are related to that disciplinary action are subject to such provisions of the Open Meeting Law. (NRS 622.320) A “licensee” is a person who holds any license, certificate, registration, permit or similar type of authorization issued by a regulatory body which has authority to regulate certain occupations or professions. (NRS 622.040, 622.060) Section 6 of this bill provides instead that: (1) the provisions of the Open Meeting Law which require a meeting to be noticed and open to the public do not apply to such proceedings unless the licensee requests that such proceedings be conducted pursuant to those provisions; and (2) if the regulatory body decides to proceed with disciplinary action against the licensee, all proceedings that are conducted after that decision and are related to that disciplinary action are subject to all provisions of the Open Meeting Law.

Statutes affected:
As Introduced: 241.015, 241.020, 241.021, 241.023, 241.0353, 622.320
BDR: 241.015, 241.020, 241.021, 241.023, 241.0353, 622.320