NRS 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: Section 241.040 — Criminal and civil penalties; members attending meeting in violation of chapter not accomplices; reliance on legal advice., https://www.­leg.­state.­nv.­us/NRS/NRS-241.­html#NRS241Sec040.

241.010
Legislative declaration and intent. 241.015
Definitions. 241.016
Application of chapter 241.017
Board of Regents to establish requirements for student governments. 241.020
Meetings to be open and public 241.023
Requirements for holding meeting by teleconference or videoconference. 241.025
Designee of member of public body not allowed 241.030
Exceptions to requirement for open and public meetings 241.031
Meeting to consider character, misconduct or competence of elected member of public body or certain public officers. 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 241.034
Meeting to consider administrative action against person or acquisition of real property by exercise of power of eminent domain: Written notice required 241.035
Public meetings: Minutes 241.036
Action taken in violation of chapter void. 241.037
Action by Attorney General or person denied right conferred by chapter 241.039
Complaints 241.040
Criminal and civil penalties 241.0353
Absolute privilege of certain statements and testimony. 241.0355
Majority of all members of public body composed solely of elected officials required to take action by vote 241.0357
Authority to delegate decisions regarding litigation. 241.0365
Action taken by public body to correct violation of chapter 241.0395
Inclusion of item acknowledging finding by Attorney General of violation by public body on next agenda of meeting of public body
Last Updated

Feb. 5, 2021

§ 241.040’s source at nv​.us