New laws relating to open meetings approved

Wednesday, June 1, 2005 | 11:04 a.m.

Changes to open meeting laws, including making personnel sessions involving chief executives of government agencies open to the public, headed to Gov. Kenny Guinn on Tuesday for his signature.

The Senate approved Assembly amendments to four bills that would allow more public scrutiny and give targets of closed-door sessions of councils or boards more power to defend themselves.

Senate Bill 267 prohibits the government entity from closing a hearing if it involves a high-ranking public official such as the chief executive or administrative officer. As example, the bill cites the president of a university or community college, a superintendent of a county school district, a county manager and a city manager.

For the meeting to be open, the topic must pertain to the duties or misconduct of the person in his or her job.

The bill also allows any other public employee to choose to have a personnel session open to the public. The request to open the meeting may be made at any time before or during the closed session. But if two people are the subjects of the closed meeting, both would have to agree to the open session.

The bill protects a member of a government body from libel or defamation suit on comments made during a public meeting.

It also gives a witness who is testifying before a government board or commission absolute privilege to publish defamatory matter, except that it would be unlawful to knowingly misrepresent any fact.

It becomes effective Oct. 1.

Senate Bill 83 allows an employee to be present and to be represented by a lawyer at a closed personnel session. It is the outgrowth of a closed meeting by the Board of Regents to consider the conduct of Ron Remington, president of the Community College of Southern Nevada and John Cummings, a lobbyist for the school. Remington and Cummings were not allowed to attend the session in which they were stripped of their jobs.

The bill requires that the subject of the personnel session receive a list of the general topics to be considered. The individual and his attorney are permitted to be present and they can present evidence and testimony.

When signed by the governor, this bill goes into effect on Oct. 1.

Senate Bill 421 provides that a government board or commission, when it holds a closed meeting, to make a recording or a transcription of the session. This bill, when signed by the governor, becomes effective July 1.

Senate Bill 415 permits a closed-door session for a government group that is preparing or grading examinations. And if the person files an appeal on the grading of the examination, that session may be closed. But any action by the board must be taken in public.

This bill relates to examinations administered by professional boards and commissions.

This act also becomes effective on July 1.