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NRS 241.040

Criminal and civil penalties; members attending meeting in violation of chapter not accomplices; reliance on legal advice

Applied in 3 court decisions — leading case Attorney General v. Nevada Tax Comm'n (2008)

Most recently applied in Attorney General v. Nevada Tax Comm'n (April 2008)

(Added to NRS by 1960, 26; A 1977, 1100; 1983, 1013; 2011, 2390; 2019, 3628)

How often courts cite this section

198119902000200810
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

1. Except as otherwise provided in subsection 6, each member of a public body who attends a meeting of that public body where any violation of this chapter occurs, has knowledge of the violation and participates in the violation, is guilty of a misdemeanor.

2. Except as otherwise provided in subsection 6, wrongful exclusion of any person or persons from a meeting is a misdemeanor.

3. A member of a public body who attends a meeting of that public body at which a violation of this chapter occurs is not the accomplice of any other member so attending.

4. Except as otherwise provided in subsection 6, in addition to any criminal penalty imposed pursuant to this section, each member of a public body who attends a meeting of that public body where any violation of this chapter occurs and who participates in such violation with knowledge of the violation, is subject to an administrative fine in an amount not to exceed:

(a) For a first offense, $500;

(b) For a second offense, $1,000; and

(c) For a third or subsequent offense, $2,500.

5. The Attorney General may recover the penalty in a civil action brought in the name of the State of Nevada in any court of competent jurisdiction. Such an action must be commenced within 1 year after the fine is assessed.

6. No criminal penalty or administrative fine may be imposed upon a member of a public body pursuant to this section if a member of a public body violates a provision of this chapter as a result of legal advice provided by an attorney employed or retained by the public body.

Official source: Nevada Legislature. Reproduced from public-domain Nevada statutes; confirm against the official source for the current text. Not legal advice.