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Open Meeting Law

Open Meeting Law. UNLV Alumni Association Leadership Development Day March 3, 2011. What is Nevada OML ?. Enacted in 1960 NRS Chapter 241 To ensure actions and deliberations of public bodies conducted openly Transparency in decision-making impacting expense of tax revenue.

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Open Meeting Law

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  1. Open Meeting Law UNLV Alumni Association Leadership Development Day March 3, 2011

  2. What is Nevada OML? Enacted in 1960 NRS Chapter 241 To ensure actions and deliberations of public bodies conducted openly Transparency in decision-making impacting expense of tax revenue

  3. When Does OML Apply? • To any “public body” • Which expends tax revenue • Or is supported (in whole or in part) by tax revenue • Or advises any entity which expends tax revenue

  4. Why Does OML Apply to UNLVAA UNLVAA is an Affiliated Foundation of UNLV/NSHE Comply with Audit Requirements Tax dollars fund salaries and benefits of staff, maintain and operate the facilities The decisions made by the association can impact use of tax dollars at UNLV NSHE Code requires Affiliated Foundations to comply with OML

  5. Benefits of Affiliation Volunteers and activities of are covered under tort protections, NSHE insurance policies Access to UNLV staff and services: General Counsel, Office of the President, Risk Management, UNLV Foundation, University Advancement, Marketing & PR, etc. Partnership with UNLV & NSHE

  6. When Does OML Apply to UNLVAA? • Meetings of the following: • Board of Directors • Executive & Finance Committees • Chapter Board of Directors • Sub-committees must comply with OML

  7. What Must We Do To Comply? • Agenda • Clearly and accurately listed topics on the agenda • Note items for action on agenda • If a person’s character, alleged misconduct or professional competence is to be considered at the meeting, provide 5 working days notice (applies to elections of officers) • Designate a period for public comment • Post agenda no later than 9 a.m. of the 3 working day before the meeting (don’t count day of meeting) • Mail agenda at no charge to public who request it

  8. What Must We Do To Comply? cont. • At the Meeting • Open to the public and accessible to those with disabilities • Record meeting with audio device and make available upon request 30 days after the meeting (recordings must be kept for 1 year) • If by telephone, all participants must be able to hear, respond, and be heard • Agenda and supporting materials are made available • Discussions and actions are limited to items on the agenda

  9. What Must We Do To Comply? cont. • Required Elements of the Minutes • Date, time, and place of the meeting • Names of the members of the public body who were present and who were absent • Substance of all matters proposed, discussed, or decided • If requested, a record of each member’s vote on any matter • If requested, a record of remarks made by any member of the general public who addresses the body • Any other information that any member of the body requests be included

  10. What Must We Do To Comply? cont. • Emergency Meetings & Agenda Items • Document unforeseen circumstances • Document why immediate action required • Attempt to provide public notice of agenda and meeting details • Comply with all other requirements of OML during meeting • Emergency action items may be addressed during a regular meeting if the above qualifications have been meet

  11. What Are Consequences of Not Comply? Actions taken in violation of OML can be declared null and void Any person denied a right under OML may file civil suit Attorney General may file suit Offenders may be removed from office Chronic and willful non-compliance may result in the loss of tax-funded resources for UNLVAA

  12. Who is Accountable for Compliance? • The public body which is covered by OML must ensure its own compliance • UNLVAA • Board of Directors • Executive & Finance Committees • Chapter Board of Directors • UNLVAA Corporate Secretary oversees compliance and will report progress to the board

  13. Resources • OML Manual • http://ag.state.nv.us/publications/manuals/omlmanual.pdf • Amy Bouchard • Amy.Bouchard@unlv.edu • 702-895-5587 • Chapter Liaison • Agenda Template • UNLVAA website for agenda postings

  14. Action Steps • Download agenda template & modify • Download OML manual • Determine three other public locations to send agenda postings (dean’s office, college departments) • Send to amy.bouchard@unlv.eduto be posted • UNLVAA bulletin board • UNVLVAA website • Send agenda to three other locations to be posted • Record the meeting • Prepare minutes

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