NRS
241.030 Holding closed meeting to consider character, misconduct,
competence or health of person, to prepare, revise, administer or grade
examinations or to consider appeal of results of examination; waiver of closure
of meeting by certain persons.
1. Except as otherwise provided in this
section and NRS 241.031 and 241.033, a public body may hold a closed
meeting to:
(a) Consider the character, alleged misconduct,
professional competence, or physical or mental health of a person.
(b) Prepare, revise, administer or grade
examinations that are conducted by or on behalf of the public body.
(c) Consider an appeal by a person of the results
of an examination that was conducted by or on behalf of the public body, except
that any action on the appeal must be taken in an open meeting and the identity
of the appellant must remain confidential.
2. A person whose character, alleged
misconduct, professional competence, or physical or mental health will be
considered by a public body during a meeting may waive the closure of the
meeting and request that the meeting or relevant portion thereof be open to the
public. A request described in this subsection:
(a) May be made at any time before or during the
meeting; and
(b) Must be honored by the public body unless the
consideration of the character, alleged misconduct, professional competence, or
physical or mental health of the requester involves the appearance before the
public body of another person who does not desire that the meeting or relevant
portion thereof be open to the public.
3. A public body may close a meeting
pursuant to subsection 1 upon a motion which specifies:
(a) The nature of the business to be considered;
and
(b) The statutory authority pursuant to which the
public body is authorized to close the meeting.
4. This chapter does not:
(a) Prevent the removal of any person who
willfully disrupts a meeting to the extent that its orderly conduct is made
impractical.
(b) Prevent the exclusion of witnesses from a
public or closed meeting during the examination of another witness.
(c) Require that any meeting be closed to the
public.
(d) Permit a closed meeting for the discussion of
the appointment of any person to public office or as a member of a public body.
(Added to NRS by 1960,
25; A 1977,
1100; 1983,
331; 1993,
2637; 2005,
977, 2244;
2011,
2384; 2013,
732)
Notes of Decisions
City Council of Reno v. Reno Newspapers, Inc., 784 P.2d 974 (Nev. 1989).
· cites it 64× “Section 1 of NRS 241.030 provides that a public body may hold "a closed meeting to consider the character, alleged misconduct, professional competence, or physical or mental health of a person.”
McKay v. Bd. of Sup'rs of Carson City, 730 P.2d 438 (Nev. 1986).
· cites it 14× “The complaint alleged the decision of the Board to terminate the city manager exceeded the statutory authorization for closed meetings and thus violated NRS 241.030. 3 The Board answered and denied that its action violated the statute, claiming *647 that the meeting came under…”
Del Papa v. Bd. of Regents of the Univ. & Cmty. Coll. Sys., 956 P.2d 770 (Nev. 1998).
· cites it 14× “must not be used to circumvent the spirit or letter of [NRS chapter 241] in order to discuss or act upon a matter over which the public body has supervision, control, jurisdiction or advisory powers.”
Witherow v. State Bd. of Parole Commissioners, 167 P.3d 408 (Nev. 2007).
· cites it 2× “11 *309 However, the Legislature has specifically exempted judicial proceedings from the Open Meeting Law’s requirements — NRS 241.030(4)(a) provides that NRS Chapter 241 does not “[a]pply to judicial proceedings.”
State Ex Rel. Bd. of Parole Commissioners v. Morrow, 255 P.3d 224 (Nev. 2011).
· cites it 2× “4 In Stockmeier , we examined whether Psychological Review Panel hearings are exempt from Nevada’s Open Meeting Law pursuant to the judicial proceeding exception in NRS 241.030(4)(a). 5 122 Nev. at 390 , 135 P.”
Tahoe Reg'l Plan. Agency v. McKay, 590 F. Supp. 1071 (D. Nev. 1984).
· cites it 3× “§ 241.030(1). The second excepts all labor-oriented discussions between local government employers and employees, or their respective representatives, whereas California only protects these discussions to the extent that they concern negotiations regarding compensation.”
McKay v. Bd. of Cnty. Commissioners, 746 P.2d 124 (Nev. 1987).
“Exceptions provided which permit closed meetings, for example, include questions of personal character, misconduct, competence and health (NRS 241.030(1)). In addition to these exceptions, the legislature, in other NRS chapters, has enacted a series of specific exceptions to the…”
— Nev. Rev. Stat. § 241.030(1) — 6 cases
City Council of Reno v. Reno Newspapers, Inc., 784 P.2d 974 (Nev. 1989).
“Section 1 of NRS 241.030 provides that a public body may hold "a closed meeting to consider the character, alleged misconduct, professional competence, or physical or mental health of a person.”
McKay v. Bd. of Sup'rs of Carson City, 730 P.2d 438 (Nev. 1986).
“The complaint alleged the decision of the Board to terminate the city manager exceeded the statutory authorization for closed meetings and thus violated NRS 241.030. 3 The Board answered and denied that its action violated the statute, claiming *647 that the meeting came under…”
McKay v. Bd. of Cnty. Commissioners, 746 P.2d 124 (Nev. 1987).
“Exceptions provided which permit closed meetings, for example, include questions of personal character, misconduct, competence and health (NRS 241.030(1)). In addition to these exceptions, the legislature, in other NRS chapters, has enacted a series of specific exceptions to the…”
Tahoe Reg'l Plan. Agency v. McKay, 590 F. Supp. 1071 (D. Nev. 1984).
“§ 241.030(1). The second excepts all labor-oriented discussions between local government employers and employees, or their respective representatives, whereas California only protects these discussions to the extent that they concern negotiations regarding compensation.”
— Nev. Rev. Stat. § 241.030(2) — 1 case
— Nev. Rev. Stat. § 241.030(3) — 3 cases
City Council of Reno v. Reno Newspapers, Inc., 784 P.2d 974 (Nev. 1989).
“Section 1 of NRS 241.030 provides that a public body may hold "a closed meeting to consider the character, alleged misconduct, professional competence, or physical or mental health of a person.”
— Nev. Rev. Stat. § 241.030(3)(a) — 1 case
— Nev. Rev. Stat. § 241.030(3)(b) — 1 case
Tahoe Reg'l Plan. Agency v. McKay, 590 F. Supp. 1071 (D. Nev. 1984).
“§ 241.030(1). The second excepts all labor-oriented discussions between local government employers and employees, or their respective representatives, whereas California only protects these discussions to the extent that they concern negotiations regarding compensation.”
— Nev. Rev. Stat. § 241.030(3)(e) — 2 cases
City Council of Reno v. Reno Newspapers, Inc., 784 P.2d 974 (Nev. 1989).
“Section 1 of NRS 241.030 provides that a public body may hold "a closed meeting to consider the character, alleged misconduct, professional competence, or physical or mental health of a person.”
— Nev. Rev. Stat. § 241.030(4) — 1 case
— Nev. Rev. Stat. § 241.030(4)(a) — 4 cases
Witherow v. State Bd. of Parole Commissioners, 167 P.3d 408 (Nev. 2007).
“11 *309 However, the Legislature has specifically exempted judicial proceedings from the Open Meeting Law’s requirements — NRS 241.030(4)(a) provides that NRS Chapter 241 does not “[a]pply to judicial proceedings.”
State Ex Rel. Bd. of Parole Commissioners v. Morrow, 255 P.3d 224 (Nev. 2011).
“4 In Stockmeier , we examined whether Psychological Review Panel hearings are exempt from Nevada’s Open Meeting Law pursuant to the judicial proceeding exception in NRS 241.030(4)(a). 5 122 Nev. at 390 , 135 P.”
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