Assembly Bill No. 479–Assemblymen Price, Ohrenschall, Chowning, Von Tobel, Anderson, Cegavske, Claborn, Collins, de Braga, Freeman, Goldwater, Humke and Lee

 

March 19, 2001

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Referred to Committee on Government Affairs

 

SUMMARY—Revises provisions regarding open meeting law. (BDR 19‑1026)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to meetings of public bodies; clarifying the meaning of the term “public office” with respect to the prohibition against holding a closed meeting to discuss the appointment of a person to public office or as a member of a public body; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1. NRS 241.030 is hereby amended to read as follows:

1-2    241.030  1.  Except as otherwise provided in NRS 241.031 and

1-3  241.033, nothing contained in this chapter prevents a public body from

1-4  holding a closed meeting to consider the character, alleged misconduct,

1-5  professional competence, or physical or mental health of a person.

1-6    2.  A public body may close a meeting upon a motion which specifies

1-7  the nature of the business to be considered.

1-8    3.  This chapter does not:

1-9    (a) Apply to judicial proceedings.

1-10    (b) Prevent the removal of any person who willfully disrupts a meeting

1-11  to the extent that its orderly conduct is made impractical.

1-12    (c) Prevent the exclusion of witnesses from a public or private meeting

1-13  during the examination of another witness.

1-14    (d) Require that any meeting be closed to the public.

1-15    (e) [Permit] Allow a closed meeting for the discussion of the

1-16  appointment of any person to public office or as a member of a public

1-17  body.

1-18    4.  The exception provided by this section, and electronic

1-19  communication, must not be used to circumvent the spirit or letter of this

2-1  chapter in order to discuss or act upon a matter over which the public body

2-2  has supervision, control, jurisdiction or advisory powers.  

2-3    5.  As used in this section, “public office” means any office to which

2-4  a public body appoints a person to serve in a high-level administrative or

2-5  executive capacity. The term includes, without limitation:

2-6    (a) The executive director of technological crime, appointed pursuant

2-7  to NRS 205A.070.

2-8    (b) The office of coordinator of services for veterans, described in

2-9  NRS 244.401.

2-10    (c) The office held by a person hired to serve as the executive head of

2-11  a county fair and recreation board pursuant to the authority set forth in

2-12  subsection 3 of NRS 244A.619.

2-13    (d) The superintendent of public instruction, appointed pursuant to

2-14  NRS 385.150.

2-15    (e) The chancellor of the University and Community College System

2-16  of Nevada and the presidents of all the branches and facilities within the

2-17  system.

2-18    (f) The executive director of the state board of professional engineers

2-19  and land surveyors, appointed pursuant to NRS 625.110.

2-20    (g) The executive director of the chiropractic physicians’ board of

2-21  Nevada, appointed pursuant to NRS 634.043.

2-22    (h) The executive director of the Nevada state board of optometry,

2-23  appointed pursuant to NRS 636.080.

2-24    Sec. 2.  This act becomes effective on July 1, 2001.

 

2-25  H