Part 1 Nevada Open Meeting Law for Board/Commission Members

1. Part 1Nevada Open Meeting Law forBoard/Commission Members Nathan Edwards Deputy District Attorney Washoe County District Attorney’s Office

2. Is it worth it? Must local governments give public notice before deciding a matter? Must every meeting be agendized? Open Meeting Law

3. The “People’s Business,” conducted by public bodies, shall be open to the public. Thus, the Open Meeting Law applies to all meetingsof a public body at which deliberation takes place and/or action istaken…. NRS 241.010, et. seq. Sunshine Law

4. 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 advisesor 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 What is a Public Body?

5. 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. What is a Meeting?

6. 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. Meeting (continued)

7. 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 Exceptions

8. 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 What Constitutes a Quorum?

9. 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 What Constitutes an Action?

10. 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 Action (continued)

11. 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 What Constitutes Notice?

12. 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 Notice (continued)

13. 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 Notice (Continued)

14. 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 Other Requirements

15. 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 Exceptions

16. 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 Emergency Items

17. 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 Other Issues

18. 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 Public Comment

19. 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 Disruptive Behavior

20. 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 Minutes and Public Access

21. 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 Minutes (continued)

22. 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 Recorded and/or Audiotaped

23. 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 What Happens if Law Violated?

24. Misdemeanor Member attending a meeting where action is taken in violation of law (with knowledge of violation) Wrongful exclusion of person from meeting Violation (continued)

25. Correction of Minutes Preparation of Agenda Other Meeting Matters

26. Part 2Nevada Ethics in Government Nathan Edwards Deputy District Attorney Washoe County District Attorney’s Office

27. What is the ethics code? Where is it found? To whom does it apply? What does it require? NRS Chapter 281A

28. Series of rules governing the conduct of certain public officers and employees What is the ethics code?

29. NRS Chapter 281A Where is the ethics code found?

30. 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 To whom does it apply?

31. 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 Excluded!

32. 281A.400 - 480 What does the code of ethics require? Code of ethical standards

33. 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 281A.400

34. 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 281A.400 (continued)

35. Limits ability to counsel or represent persons before agency that employs officer/employee 281A.410

36. 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 281A.420Conflicts of Interest!

37. 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 281A.420Conflicts of Interest! (continued)

38. 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 281A.430

39. 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! Other Provisions

40. Final Comments Drowning under the open meeting law? Questions about ethics laws? Let your staff or counsel be your oars: knowledge, experience, advice.

41. Your board/commission’s legal counsel Bob Webb 328-3623; bwebb@washoecounty.us Sheri Ingley 328-3612; singley@washoecounty.us Nathan Edwards 337-5700; nedwards@da.washoecounty.us Who to Contact

42. Questions???andCertificates