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Citizen Advisory Boards
Open Meeting Law Training slide 1 March 29, 2011
Part 1Part 1Nevada Nevada
Open Meeting Law forOpen Meeting Law forBoard/Commission Board/Commission
MembersMembersNathan Edwards
Deputy District AttorneyWashoe County District Attorney’s
Office
Citizen Advisory Boards
Open Meeting Law Training slide 2 March 29, 2011
Open Meeting LawOpen Meeting Law
• Is it worth it? Must local governments give public notice before deciding a matter?
• Must every meeting be agendized?
Citizen Advisory Boards
Open Meeting Law Training slide 3 March 29, 2011
Sunshine LawSunshine Law
The “People’s Business,” conducted by public bodies, shall be open to the public. Thus, the Open Meeting Law applies to all meetings of a public body at which deliberation takes place and/or action is taken….
NRS 241.010, et. seq.
Citizen Advisory Boards
Open Meeting Law Training slide 4 March 29, 2011
What is a Public Body?What is a Public Body?
• Any administrative, advisory, executive or legislative body of the State or a local government which expends or disburses or is supported in whole or in part by tax revenue or which advises or makes recommendations to any entity that expends or disburses or is supported in whole or in part by tax revenue
• CABs and some other boards and commissions have advisory power
• Other boards and commissions have decision-making authority
• Legislature and Judiciary exempted
Citizen Advisory Boards
Open Meeting Law Training slide 5 March 29, 2011
What is a Meeting?What is a Meeting?
Gathering of members of a public body in which a quorum is present to deliberate toward a decision or to take action on any matter over which the public body has supervision, control, jurisdiction or advisory power.
Citizen Advisory Boards
Open Meeting Law Training slide 6 March 29, 2011
Meeting Meeting (continued)(continued)
A series of gatherings of members of a public body at which:
–Less than a quorum is present at any individual gathering;
–The members attending the individual gatherings collectively constitute a quorum; and
–The series of gatherings was held with the specific intent to avoid the provisions of the law.
Citizen Advisory Boards
Open Meeting Law Training slide 7 March 29, 2011
ExceptionsExceptions• Social Functions
– If members do not deliberate toward a decision, or– take action on any matter over which the public
body to which they belong has control, supervision, jurisdiction or advisory power
• Attorney-Client Communication– To receive information from the public body’s
attorney, and – to deliberate on potential or existing litigation on a
matter over which the body has control, supervision, jurisdiction or advisory power
Citizen Advisory Boards
Open Meeting Law Training slide 8 March 29, 2011
What Constitutes a What Constitutes a Quorum?Quorum?
A simple majority of the constituent membership of a public body unless another proportion is established by law
– Elected body requires majority of full membership for affirmative action
– Appointed body requires majority of quorum for any action
Citizen Advisory Boards
Open Meeting Law Training slide 9 March 29, 2011
What Constitutes an What Constitutes an Action?Action?
• A decision made by a majority of members present during a meeting of a public body
• A commitment or promise made by a majority of members of a public body during a meeting
Citizen Advisory Boards
Open Meeting Law Training slide 10 March 29, 2011
Action Action (continued)(continued)
Serial Decision-making Constitutes a Violation– Requires a majority of the members– Applies to Communications in Writing,
i.e., Letters and E-mails– Includes Discussions by and among
Members about a Matter to be Heard
Citizen Advisory Boards
Open Meeting Law Training slide 11 March 29, 2011
What Constitutes Notice?What Constitutes Notice?
Written notice, to include:– Time, place and location of meeting– List of locations where notice has been
posted– An agenda, to include:
• Clear and complete statement of topics scheduled to be considered during meeting
• Indication of those items on which action may be taken
• A public comment period
Citizen Advisory Boards
Open Meeting Law Training slide 12 March 29, 2011
Notice Notice (continued)(continued)
• Notice to be posted at principal office of public body or building at which meeting is to be held
• Not less than three additional separate and prominent places within jurisdiction
• Not later than 9 a.m. of third working day prior to meeting
Citizen Advisory Boards
Open Meeting Law Training slide 13 March 29, 2011
Notice Notice (Continued)(Continued)
• Delivered to the postal service used by the public body not later than 9 a.m. of the third working day prior to the meeting
• If agreed by requestor, delivered by e-mail not later than 9 a.m. of the third working day prior to the meeting
• Supplemental posting on website, if available
Citizen Advisory Boards
Open Meeting Law Training slide 14 March 29, 2011
Other RequirementsOther Requirements
• Public body must make available, upon request, and at no charge:– A copy of the agenda– A copy of any proposed ordinance or
regulation to be discussed at meeting– Any other supporting material provided
to public body
• May provide by electronic mail
Citizen Advisory Boards
Open Meeting Law Training slide 15 March 29, 2011
ExceptionsExceptions
• Confidential documents• Materials not yet provided to
members
Caveat: Unless confidential by law or subject to an attorney-client privilege, materials must be available to public at time provided to members
Citizen Advisory Boards
Open Meeting Law Training slide 16 March 29, 2011
Emergency ItemsEmergency Items
Emergency means – as stated on the record– An unforeseen circumstance which
requires immediate action and includes, but is not limited to,• Disasters• Impairment of health or safety• Loss of money or grant opportunity
Citizen Advisory Boards
Open Meeting Law Training slide 17 March 29, 2011
Other IssuesOther Issues
• Time of Meeting and Time Certains• Cancellations• No Quorum• Accommodations for Disabled• Closed Meetings• Special notice when taking property or
administrative action against a person
Citizen Advisory Boards
Open Meeting Law Training slide 18 March 29, 2011
Public CommentPublic Comment• Must be on agenda, but placement up to
public body• Not limited to only one public comment
period• May not circumscribe content of speech
on public comment except:– Comments may be required to be directed
to board as a whole – no personal attacks– Comments may be limited to matters not on
the agenda as long as comment will be allowed at time of agenda item
Citizen Advisory Boards
Open Meeting Law Training slide 19 March 29, 2011
Disruptive BehaviorDisruptive Behavior
• Public body may adopt rules governing public comment and input on agenda items
• Rules may not be based upon content of a person’s speech/comment
• Warning appropriate• Removal not a violation
Citizen Advisory Boards
Open Meeting Law Training slide 20 March 29, 2011
Minutes and Public Minutes and Public AccessAccess• Minutes must include, at minimum:
– Date, time and place of meeting– Members present and those absent– Substance of matters discussed or
decided and record of any vote
– Substance of comments of member of general public, if requested, and copy of written materials, if any.
– Any other matter if requested by member of public body
Citizen Advisory Boards
Open Meeting Law Training slide 21 March 29, 2011
Minutes Minutes (continued)(continued)
• To be available for inspection within 30 days of meeting (even if in draft form)
• Maintained for 5 years; to be archived• Available to subject of closed session upon
request or if confidentiality waived
Citizen Advisory Boards
Open Meeting Law Training slide 22 March 29, 2011
Recorded and/or Recorded and/or AudiotapedAudiotaped
• The meeting may be recorded or audio-taped by third party - as long as not disruptive of meeting
• Tape must be retained for at least 1 year• Tape must be made available to public –
at any time following meeting
Citizen Advisory Boards
Open Meeting Law Training slide 23 March 29, 2011
What Happens if Law What Happens if Law Violated?Violated?• Attorney General may bring action to:
– Have action declared void (60 days)– Obtain injunctive relief to require
compliance with law (120 days)– Bring a criminal action (6 months)
• Civil action may be maintained by other than Attorney General
Citizen Advisory Boards
Open Meeting Law Training slide 24 March 29, 2011
Violation Violation (continued)(continued)
Misdemeanor– Member attending a meeting where action
is taken in violation of law (with knowledge of violation)
– Wrongful exclusion of person from meeting
Citizen Advisory Boards
Open Meeting Law Training slide 25 March 29, 2011
Other Meeting MattersOther Meeting Matters
• Correction of Minutes• Preparation of Agenda
Citizen Advisory Boards
Open Meeting Law Training slide 26 March 29, 2011
Part 2Part 2Nevada Nevada
Ethics in GovernmentEthics in Government
Nathan EdwardsDeputy District Attorney
Washoe County District Attorney’s Office
Citizen Advisory Boards
Open Meeting Law Training slide 27 March 29, 2011
NRS Chapter 281ANRS Chapter 281A
• What is the ethics code?• Where is it found?• To whom does it apply?• What does it require?
Citizen Advisory Boards
Open Meeting Law Training slide 28 March 29, 2011
What is the ethics code?What is the ethics code?
• Series of rules governing the conduct of certain public officers and employees
Citizen Advisory Boards
Open Meeting Law Training slide 29 March 29, 2011
Where is the ethics code Where is the ethics code found?found?
• NRS Chapter 281A
Citizen Advisory Boards
Open Meeting Law Training slide 30 March 29, 2011
To whom does it apply?To whom does it apply?
• Public employees, 281A.150: any person who performs public duties under the direction and control of a public officer for compensation paid by the state or any county, city or other political subdivision
• Public officers, 281A.160: person elected or appointed to a position which:– Is established by law (constitution, statute,
ordinance, charter)– Involves the exercise of public power, trust,
or duty
Citizen Advisory Boards
Open Meeting Law Training slide 31 March 29, 2011
Excluded!Excluded!• Justices, judges or other officers of the
court system• Members of advisory boards,
commissions, or other bodies• Members of special districts whose duties
do not include formulation of a budget or authorization of expenditure of funds
• County health officers appointed 439.290
Citizen Advisory Boards
Open Meeting Law Training slide 32 March 29, 2011
What does the code of What does the code of ethics require? ethics require?
Code of ethical standardsCode of ethical standards• 281A.400 - 480
Citizen Advisory Boards
Open Meeting Law Training slide 33 March 29, 2011
281A.400281A.400• No gifts that would tend to influence improperly• No use of position to get unwarranted privileges • No negotiation by employee or officer of contract
between government agency and employee’s or officer’s business
• No payment from private source for performance of duties
• No use of confidential information obtained thru position to benefit personal interests
• No suppression of government info that would tend to be unfavorable to employee
• No attempts to benefit personal interests thru use of subordinate
Citizen Advisory Boards
Open Meeting Law Training slide 34 March 29, 2011
281A.400 281A.400 (continued)(continued)
• No seeking of employment or contracts thru use of government job
• With exception of certain rules for legislators, no use of government time, property, equipment for personal/financial interest– Exception for appropriate de minimis use
pursuant to policy with nominal cost (reimbursement required)
– Exception for use of mailing lists, computer data, other info available to the public
– Exception for use of phone or other means of communication if no special charge for use
Citizen Advisory Boards
Open Meeting Law Training slide 35 March 29, 2011
281A.410281A.410• Limits ability to counsel or represent
persons before agency that employs officer/employee
Citizen Advisory Boards
Open Meeting Law Training slide 36 March 29, 2011
281A.420281A.420Conflicts of Interest!Conflicts of Interest!
• Very important section for public bodies• If at the time a matter is called a member
has a conflict of interest, it must be disclosed• Conflicts include commitments in private
capacity to interests of others in the matter, pecuniary interest in the matter, receipt of gift or loan in connection with a matter
• Although not written, best to err on the side of caution and make disclosures
• Once disclosure is made, next question is whether recusal is necessary
Citizen Advisory Boards
Open Meeting Law Training slide 37 March 29, 2011
281A.420281A.420Conflicts of Interest! Conflicts of Interest!
(continued)(continued)• Recusal generally disfavored because of importance of public officials carrying out their duties
• Recusal nonetheless necessary “only in clear cases where the independence of judgment of a reasonable person in the public officer’s situation would be materially affected” by the conflict (NRS 281A.420(4))
• With certain exceptions, effect of recusal is reduction of necessary quorum and number of votes to carry an item
Citizen Advisory Boards
Open Meeting Law Training slide 38 March 29, 2011
281A.430281A.430
• Rules restricting and, in most cases prohibiting, government folks from entering contracts in their private capacities with the government agency or entity that employees them
Citizen Advisory Boards
Open Meeting Law Training slide 39 March 29, 2011
Other ProvisionsOther Provisions• 281A.500 requires public officers to file form
with ethics commission acknowledging review of ethical standards
• 281A.510 prohibits employees from accepting “honorariums,” meaning payment of money or value to government folks for appearance or speech in official capacity over and above what they’re already paid to do the job
• Other provisions. Sigh! There are even more provisions, but we’ve covered the “basics.” If in doubt, best to seek legal advice before acting or participating in a transaction!
Citizen Advisory Boards
Open Meeting Law Training slide 40 March 29, 2011
Final CommentsFinal Comments
Drowning under the open meeting law? Questions about ethics laws? Let your staff or counsel be your oars: knowledge, experience, advice.
Citizen Advisory Boards
Open Meeting Law Training slide 41 March 29, 2011
Who to ContactWho to Contact• Your board/commission’s legal counsel• Bob Webb
– 328-3623; [email protected]
• Sheri Ingley– 328-3612; [email protected]
• Nathan Edwards– 337-5700; [email protected]
Citizen Advisory Boards
Open Meeting Law Training slide 42 March 29, 2011
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