Nevada Revised Statutes 241.033 – Meeting to consider character, misconduct, competence or health of person or to consider appeal of results of examination: Written notice to person required; exception; public body required to allow person whose char…
1. Except as otherwise provided in subsection 7, 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:
Terms Used In Nevada Revised Statutes 241.033
- Action: means :
(a) A decision made by a majority of the voting members present, whether in person, by use of a remote technology system or by means of electronic communication, during a meeting of a public body;
(b) A commitment or promise made by a majority of the voting members present, whether in person, by use of a remote technology system or by means of electronic communication, 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 voting members present, whether in person, by use of a remote technology system or by means of electronic communication, 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. See Nevada Revised Statutes 241.015
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- public body: means :
(a) Any administrative, advisory, executive or legislative body of the State or a local government consisting of at least two persons 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 a library foundation as defined in Nevada Revised Statutes 241.015
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(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 given to the person in one of the following manners:
(1) Delivered personally to that person at least 7 calendar days before the meeting;
(2) Sent by certified mail to the last known address of that person at least 14 calendar days before the meeting;
(3) If the person is represented by an attorney in connection with the matter, delivered personally to the attorney of the person at least 7 calendar days before the meeting; or
(4) If the public body makes decisions directly concerning the employment of the person, delivered personally to the person at his or her place of employment during a time at which the person is required to be present at work that is at least 7 calendar 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 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 the character, alleged misconduct, professional competence, or physical or mental health of the person is considered;
(b) Have an attorney or other representative of the person’s choosing present with the person during the closed meeting; and
(c) Present written evidence, provide testimony and present witnesses relating to the character, alleged misconduct, professional competence, or physical or mental health of the person 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 chair 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:
(a) A meeting held to consider an applicant for employment is not subject to the notice requirements otherwise imposed by this section.
(b) Casual or tangential references to a person or the name of a person during a meeting do not constitute consideration of the character, alleged misconduct, professional competence, or physical or mental health of the person.
(c) A meeting held to recognize or award positive achievements of a person, including, without limitation, honors, awards, tenure and commendations, is not subject to the notice requirements otherwise imposed by this section.