Nevada Miscellaneous Matters Related to Government and Public Affairs

Sec. § 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 character, misconduct, competence or health is to be considered to attend with representative and to present evidence; attendance of additional persons; copy of record.


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:

(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:

(1)

Delivered personally to that person at least 5 working days before the meeting; or

(2)

Sent by certified mail to the last known address of that person at least 21 working 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 subparagraphs (1) and (2) 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.
Source

Last accessed
Feb. 5, 2021