Nevada § 241.015 - Definitions

§ 241.015. Definitions

As used in this chapter, unless the context otherwise requires: 1. “ 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. 2. “ Administrative action against a person ” means an action that is uniquely personal to the person and includes, without limitation,

the potential for a negative change in circumstances to the person. The term does not include the denial of any application where the denial does not

change the present circumstance or situation of the person. 3. “ Deliberate ” means collectively to examine, weigh and reflect upon the reasons for or against

the action. The term includes, without limitation, the collective discussion or exchange of

facts preliminary to the ultimate decision. 4. “ Meeting ”: (a) Except as otherwise provided in paragraphs (b) and (c), means: (1) The gathering of members of a public body at which a quorum is present, whether

in person, by use of a remote technology system or by means of electronic communication,

to deliberate toward a decision or to take action on any matter over which the public

body has supervision, control, jurisdiction or advisory power. (2) Any series of gatherings of members of a public body at which: (I) Less than a quorum is present, whether in person, by use of a remote technology

system or by means of electronic communication, at any individual gathering; (II) The members of the public body attending one or more of the gatherings collectively

constitute a quorum; and (III) The series of gatherings was held with the specific intent to avoid the provisions

of this chapter. (b) Does not include any gathering or series of gatherings of members of a public

body if the members do not deliberate toward a decision or take action on any matter

over which the public body has supervision, control, jurisdiction or advisory power. (c) Does not include a gathering or series of gatherings of members of a public body

at which a quorum is actually or collectively present, whether in person, by use of

a remote technology system or by means of electronic communication, 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. 5. Except as otherwise provided in NRS 241.016 , “ 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 NRS 379.0056 and an educational foundation as defined in subsection 3 of NRS 388.750 , if the administrative, advisory, executive or legislative body is created by: (1) The Constitution of this State; (2) Any statute of this State; (3) A city charter and any city ordinance which has been filed or recorded as required

by the applicable law; (4) The Nevada Administrative Code; (5) A resolution or other formal designation by such a body created by a statute of

this State or an ordinance of a local government; (6) An executive order issued by the Governor; or (7) A resolution or an action by the governing body of a political subdivision of

this State; (b) Any board, commission or committee consisting of at least two persons appointed

by: (1) The Governor or a public officer who is under the direction of the Governor, if

the board, commission or committee has at least two members who are not employees

of the Executive Department of the State Government; (2) An entity in the Executive Department of the State Government, if the board, commission

or committee otherwise meets the definition of a public body pursuant to this subsection;

or (3) A public officer who is under the direction of an agency or other entity in the

Executive Department of the State Government, if the board, commission or committee

has at least two members who are not employed by the public officer or entity; (c) A limited-purpose association that is created for a rural agricultural residential

common-interest community as defined in subsection 6 of NRS 116.1201 ; (d) A subcommittee or working group consisting of at least two persons who are appointed

by a public body described in paragraph (a), (b) or (c) if: (1) A majority of the membership of the subcommittee or working group are members

or staff members of the public body that appointed the subcommittee; or (2) The subcommittee or working group is authorized by the public body to make a recommendation

to the public body for the public body to take any action; and (e) A university foundation as defined in subsection 3 of NRS 396.405 . 6. “ Quorum ” means a simple majority of the voting membership of a public body or another proportion

established by law. 7. “ Remote technology system ” means any system or other means of communication which uses any electronic, digital

or other similar technology to enable a person from a remote location to attend, participate,

vote or take any other action in a meeting, even though the person is not physically

present at the meeting. The term includes, without limitation, teleconference and videoconference systems. 8. “ Supporting material ” means material that is provided to at least a quorum of the members of a public

body by a member of or staff to the public body and that the members of the public

body would reasonably rely on to deliberate or take action on a matter contained in

a published agenda. The term includes, without limitation, written records, audio recordings, video

recordings, photographs and digital data. 9. “ Working day ” means every day of the week except Saturday, Sunday and any day declared to be a

legal holiday pursuant to NRS 236.015 .