Nevada § 241.020 - Meetings to be open and public; size of facilities; limitations on closure of meetings; notice of meetings; copy of materials; exceptions

§ 241.020. Meetings to be open and public; size of facilities; limitations on closure of meetings; notice of meetings; copy of materials; exceptions

1. Except as otherwise provided by specific statute, all meetings of public bodies

must be open and public, and all persons must be permitted to attend any meeting of

these public bodies at a physical location or by means of a remote technology system. A meeting that is closed pursuant to a specific statute may only be closed to the

extent specified in the statute allowing the meeting to be closed. All other portions of the meeting must be open and public, and the public body must

comply with all other provisions of this chapter to the extent not specifically precluded

by the specific statute. Public officers and employees responsible for these meetings shall make reasonable

efforts to assist and accommodate persons with physical disabilities desiring to attend. 2. If any portion of a meeting is open to the public, the public officers and employees

responsible for the meeting must make reasonable efforts to ensure the facilities

for the meeting are large enough to accommodate the anticipated number of attendees. No violation of this chapter occurs if a member of the public is not permitted to

attend a public meeting because the facilities for the meeting have reached maximum

capacity if reasonable efforts were taken to accommodate the anticipated number of

attendees. Nothing in this subsection requires a public body to incur any costs to secure a

facility outside the control or jurisdiction of the public body or to upgrade, improve

or otherwise modify an existing facility to accommodate the anticipated number of

attendees. 3. Except in an emergency, written notice of all meetings must be given at least 3

working days before the meeting. The notice must include: (a) The time, place and location of the meeting. If the meeting is held using a remote technology system pursuant to NRS 241.023 and has no physical location, the notice must include information on how a member

of the public may: (1) Use the remote technology system to hear and observe the meeting; (2) Participate in the meeting by telephone; and (3) Provide live public comment during the meeting and, if authorized by the public

body, provide prerecorded public comment. (b) A list of the locations where the notice has been posted. (c) The name, contact information and business address for the person designated by

the public body from whom a member of the public may request the supporting material

for the meeting described in subsection 7 and: (1) A list of the locations where the supporting material is available to the public;

or (2) Information about how the supporting material may be found on the Internet website

of the public body. (d) An agenda consisting of: (1) A clear and complete statement of the topics scheduled to be considered during

the meeting. (2) A list describing the items on which action may be taken and clearly denoting

that action may be taken on those items by placing the term “for possible action”

next to the appropriate item or, if the item is placed on the agenda pursuant to NRS 241.0365 , by placing the term “for possible corrective action” next to the appropriate item. (3) Periods devoted to comments by the general public, if any, and discussion of those

comments. (4) If any portion of the meeting will be closed to consider the character, alleged

misconduct or professional competence of a person, the name of the person whose character,

alleged misconduct or professional competence will be considered. (5) If, during any portion of the meeting, the public body will consider whether to

take administrative action regarding a person, the name of that person. (6) Notification that: (I) Items on the agenda may be taken out of order; (II) The public body may combine two or more agenda items for consideration; and (III) The public body may remove an item from the agenda or delay discussion relating

to an item on the agenda at any time. (7) Any restrictions on comments by the general public. Any such restrictions must be reasonable and may restrict the time, place and manner

of the comments, but may not restrict comments based upon viewpoint. (8) If the meeting is being held using a remote technology system pursuant to NRS 241.023 and does not have a physical location designated for the meeting where members of

the general public are permitted to attend and participate, clear and complete instructions

for a member of the general public to be able to call in to the meeting to provide

public comment, including, without limitation, a telephone number and any necessary

identification number of the meeting or other access code. 4. Minimum public notice is: (a) Posting a copy of the notice at the principal office of the public body or, if

the meeting has a physical location, at the building in which the meeting is to be

held. If the meeting is held using a remote technology system pursuant to NRS 241.023 and has no physical location, the public body must also post the notice to the Internet

website of the public body not later than 9 a.m. of the third working day before the

meeting is to be held unless the public body is unable to do so because of technical

problems relating to the operation or maintenance of the Internet website of the public

body. (b) Posting the notice on the official website of the State pursuant to NRS 232.2175 not later than 9 a.m. of the third working day before the meeting is to be held,

unless the public body is unable to do so because of technical problems relating to

the operation or maintenance of the official website of the State. (c) Providing a copy of the notice to any person who has requested notice of the meetings

of the public body. A request for notice lapses 6 months after it is made. The public body shall inform the requester of this fact by enclosure with, notation

upon or text included within the first notice sent. The notice must be: (1) Delivered to the postal service used by the public body not later than 9 a.m.

of the third working day before the meeting for transmittal to the requester by regular

mail; or (2) Transmitted to the requester by electronic mail sent not later than 9 a.m. of

the third working day before the meeting. 5. For each of its meetings, a public body shall document in writing that the public

body complied with the minimum public notice required by paragraph (a) of subsection

4. The documentation must be prepared by every person who posted a copy of the public

notice and include, without limitation: (a) The date and time when the person posted the copy of the public notice; (b) The address of the location where the person posted the copy of the public notice;

and (c) The name, title and signature of the person who posted the copy of the notice. 6. Except as otherwise provided in paragraph (a) of subsection 4, if a public body

maintains a website on the Internet or its successor, the public body shall post notice

of each of its meetings on its website unless the public body is unable to do so because

of technical problems relating to the operation or maintenance of its website. Notice posted pursuant to this subsection is supplemental to and is not a substitute

for the minimum public notice required pursuant to subsection 4. The inability of a public body to post notice of a meeting pursuant to this subsection

as a result of technical problems with its website shall not be deemed to be a violation

of the provisions of this chapter. 7. Upon any request, a public body shall provide, at no charge, at least one copy

of: (a) An agenda for a public meeting; (b) A proposed ordinance or regulation which will be discussed at the public meeting;

and (c) Subject to the provisions of subsection 8 or 9, as applicable, any other supporting

material provided to the members of the public body for an item on the agenda, except

materials: (1) Submitted to the public body pursuant to a nondisclosure or confidentiality agreement

which relates to proprietary information; (2) Pertaining to the closed portion of such a meeting of the public body; or (3) Declared confidential by law, unless otherwise agreed to by each person whose

interest is being protected under the order of confidentiality. The public body shall make at least one copy of the documents described in paragraphs

(a), (b) and (c) available to the public at the meeting to which the documents pertain. As used in this subsection, “proprietary information” has the meaning ascribed to

it in NRS 332.025 . 8. Unless it must be made available at an earlier time pursuant to NRS 288.153 , a copy of supporting material required to be provided upon request pursuant to paragraph

(c) of subsection 7 must be: (a) If the supporting material is provided to the members of the public body before

the meeting, made available to the requester at the time the material is provided

to the members of the public body; or (b) If the supporting material is provided to the members of the public body at the

meeting, made available at the meeting to the requester at the same time the material

is provided to the members of the public body. If the requester has agreed to receive the information and material set forth in subsection

7 by electronic mail, the public body shall, if feasible, provide the information

and material by electronic mail. 9. Unless the supporting material must be posted at an earlier time pursuant to NRS 288.153 , and except as otherwise provided in subsection 11, the governing body of a county

or city whose population is 52,000 or more shall post the supporting material described

in paragraph (c) of subsection 7 to its website not later than the time the material

is provided to the members of the governing body or, if the supporting material is

provided to the members of the governing body at a meeting, not later than 24 hours

after the conclusion of the meeting. Such posting is supplemental to the right of the public to request the supporting

material pursuant to subsection 7. The inability of the governing body, as a result of technical problems with its

website, to post supporting material pursuant to this subsection shall not be deemed

to be a violation of the provisions of this chapter. 10. Except as otherwise provided in subsection 11, a public body may provide the public

notice, information or supporting material required by this section by electronic

mail. Except as otherwise provided in this subsection, if a public body makes such notice,

information or supporting material available by electronic mail, the public body shall

inquire of a person who requests the notice, information or supporting material if

the person will accept receipt by electronic mail. If a public body is required to post the public notice, information or supporting

material on its website pursuant to this section, the public body shall inquire of

a person who requests the notice, information or supporting material if the person

will accept by electronic mail a link to the posting on the website when the documents

are made available. The inability of a public body, as a result of technical problems with its electronic

mail system, to provide a public notice, information or supporting material or a link

to a website required by this section to a person who has agreed to receive such notice,

information, supporting material or link by electronic mail shall not be deemed to

be a violation of the provisions of this chapter. 11. If a public body holds a meeting using a remote technology system pursuant to NRS 241.023 and has no physical location for the meeting, the public body must: (a) Have an Internet website; and (b) Post to its Internet website: (1) The public notice required by this section; and (2) Supporting material not later than the time the material is provided to the members

of the governing body or, if the supporting material is provided to the members of

the governing body at a meeting, not later than 24 hours after the conclusion of the

meeting. The inability of the governing body, as a result of technical problems with its Internet

website, to post supporting material pursuant to this subsection shall not be deemed

to be a violation of the provisions of this chapter. 12. As used in this section, “ emergency ” means an unforeseen circumstance which requires immediate action and includes, but

is not limited to: (a) Disasters caused by fire, flood, earthquake or other natural causes; or (b) Any impairment of the health and safety of the public.