Nevada Miscellaneous Matters Related to Government and Public Affairs

Sec. § 241.040
Criminal and civil penalties; members attending meeting in violation of chapter not accomplices; reliance on legal advice.


1.

Except as otherwise provided in subsection 6, each member of a public body who attends a meeting of that public body where any violation of this chapter occurs, has knowledge of the violation and participates in the violation, is guilty of a misdemeanor.

2.

Except as otherwise provided in subsection 6, wrongful exclusion of any person or persons from a meeting is a misdemeanor.

3.

A member of a public body who attends a meeting of that public body at which a violation of this chapter occurs is not the accomplice of any other member so attending.

4.

Except as otherwise provided in subsection 6, in addition to any criminal penalty imposed pursuant to this section, each member of a public body who attends a meeting of that public body where any violation of this chapter occurs and who participates in such violation with knowledge of the violation, is subject to an administrative fine in an amount not to exceed:

(a)

For a first offense, $500;

(b)

For a second offense, $1,000; and

(c)

For a third or subsequent offense, $2,500.

5.

The Attorney General may recover the penalty in a civil action brought in the name of the State of Nevada in any court of competent jurisdiction. Such an action must be commenced within 1 year after the fine is assessed.

6.

No criminal penalty or administrative fine may be imposed upon a member of a public body pursuant to this section if a member of a public body violates a provision of this chapter as a result of legal advice provided by an attorney employed or retained by the public body.
Source

Last accessed
Feb. 5, 2021