241.030 - Exceptions to requirement for open and public meetings; waiver of closure of meeting by certain persons.
241.030 Exceptions to requirement for open and public meetings; 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) Apply to judicial proceedings.
(b) Prevent the removal of any person who willfully disrupts a meeting to the extent that its orderly conduct is made impractical.
(c) Prevent the exclusion of witnesses from a public or private meeting during the examination of another witness.
(d) Require that any meeting be closed to the public.
(e) Permit a closed meeting for the discussion of the appointment of any person to public office or as a member of a public body.
5. The exceptions provided by this section, and electronic communication, must not be used to circumvent the spirit or letter of this chapter to act, outside of an open and public meeting, upon a matter over which the public body has supervision, control, jurisdiction or advisory powers.
(Added to NRS by 1960, 25; A 1977, 1100; 1983, 331; 1993, 2637; 2005, 977, 2244)