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2009 Nevada Attorney General Reports and Opinions 1 (2009)

handle is hein.sag/sagnv0008 and id is 1 raw text is: STATE OF NEVADA OFFICE OF THE ATTORNEY GENERAL In the Matter of: NEVADA SYSTEM OF HIGHER EDUCATION BOARD OF REGENTS ) ) ) ) Attorney General File No. 09-017 OMLO 2009-01 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 /// /// /// 20 21 22 23 24 25 26 27 Officeof the 28 Attorney General 100 N. Carson St. Carson City, NV 89701-4717 1 NRS 241.0355 Majority of all members of public body composed solely of elected officials required to take action by vote; abstention not affirmative vote; reduction of quorum. 1. A public body that is required to be composed of elected officials only may not take action by vote unless at least a majority of all the members of the public body vote in favor of the action. For purposes of this subsection, a public body may not count an abstention as a vote in favor of an action. 2. In a county whose population is 40,000 or more, the provisions of subsection 5 of NRS 281A.420 do not apply to a public body that is required to be composed of elected officials only, unless before abstaining from the vote, the member of the public body receives and discloses the opinion of the legal counsel authorized by law to provide legal advice to the public body that the abstention is required pursuant to NRS 281A.420. The opinion of counsel must be in writing and set forth with specificity the factual circumstances and analysis leading to that conclusion. (Added to NRS by 2001, 1123; A 2003, 818) 2 http://system.nevada.edu/Board-of-R/Handbook/: Title 1: Bylaws of the Board of Regents, Title VI, §§ 1, 2, 3, and 4 (2008); Title 11: Nevada System of Higher Education Code. 1 1 2 This office reviewed the Nevada System of Higher Education Board of Regents' (NSHE) question about Open Meeting Law (OML) voting requirements for its standing committees. NSHE asked the following OML question - a question of first impression: 1. QUESTION Whether NRS 241.0355(1)1 applies to the Nevada System of Higher Education (NSHE) Board of Regents (Regents) standing committees, and special committees, both of which are created pursuant to NSHE Code or Board of Regents' Bylaws.2

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