Nevada Code § 241.033

Meeting to consider character, misconduct, competence or health of person or to consider appeal of results of examination: Written notice to person required; exception; public body required to allow person whose character, misconduct, competence or health is to be considered to attend with representative and to present evidence; attendance of additional persons; copy of record
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1. Except as otherwise provided in
subsection 7, a public body shall not hold a meeting to consider the character,
alleged misconduct, professional competence, or physical or mental health of
any person or to consider an appeal by a person of the results of an examination
conducted by or on behalf of the public body unless it has:
(a) Given written notice to that person of the
time and place of the meeting; and
(b) Received proof of service of the notice.
2. The written notice required pursuant to
subsection 1:
(a) Except as otherwise provided in subsection 3,
must be given to the person in one of the following manners:
(1) Delivered personally to that person at
least 7 calendar days before the meeting;
(2) Sent by certified mail to the last
known address of that person at least 14 calendar days before the meeting;
(3) If the person is represented by an
attorney in connection with the matter, delivered personally to the attorney of
the person at least 7 calendar days before the meeting; or
(4) If the public body makes decisions
directly concerning the employment of the person, delivered personally to the
person at his or her place of employment during a time at which the person is
required to be present at work that is at least 7 calendar days before the
meeting.
(b) May, with respect to a meeting to consider
the character, alleged misconduct, professional competence, or physical or
mental health of a person, include an informational statement setting forth
that the public body may, without further notice, take administrative action
against the person if the public body determines that such administrative
action is warranted after considering the character, alleged misconduct,
professional competence, or physical or mental health of the person.
(c) Must include:
(1) A list of the general topics
concerning the person that will be considered by the public body during the
closed meeting; and
(2) A statement of the provisions of
subsection 4, if applicable.
3. The Nevada Athletic Commission is
exempt from the requirements of paragraph (a) of subsection 2, but must give
written notice of the time and place of the meeting and must receive proof of
service of the notice before the meeting may be held.
4. If a public body holds a closed meeting
or closes a portion of a meeting to consider the character, alleged misconduct,
professional competence, or physical or mental health of a person, the public
body must allow that person to:
(a) Attend the closed meeting or that portion of
the closed meeting during which the character, alleged misconduct, professional
competence, or physical or mental health of the person is considered;
(b) Have an attorney or other representative of
the persons choosing present with the person during the closed meeting; and
(c) Present written evidence, provide testimony
and present witnesses relating to the character, alleged misconduct,
professional competence, or physical or mental health of the person to the
public body during the closed meeting.
5. Except as otherwise provided in subsection
4, with regard to the attendance of persons other than members of the public
body and the person whose character, alleged misconduct, professional
competence, physical or mental health or appeal of the results of an
examination is considered, the chair of the public body may at any time before
or during a closed meeting:
(a) Determine which additional persons, if any,
are allowed to attend the closed meeting or portion thereof; or
(b) Allow the members of the public body to
determine, by majority vote, which additional persons, if any, are allowed to
attend the closed meeting or portion thereof.
6. A public body shall provide a copy of
any record of a closed meeting prepared pursuant to NRS 241.035 , upon the request of any person
who received written notice of the closed meeting pursuant to subsection 1.
7. For the purposes of this section:
(a) A meeting held to consider an applicant for
employment is not subject to the notice requirements otherwise imposed by this
section.
(b) Casual or tangential references to a person
or the name of a person during a meeting do not constitute consideration of the
character, alleged misconduct, professional competence, or physical or mental health
of the person.
(c) A meeting held to recognize or award positive
achievements of a person, including, without limitation, honors, awards, tenure
and commendations, is not subject to the notice requirements otherwise imposed
by this section.

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