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§ 31.04 CLOSED SESSIONS.
   (A)   (1)   Any public body may hold a closed session by the affirmative vote of a majority of its voting members if a closed session is clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual and if such individual has not requested a public meeting.
      (2)   Closed sessions may be held for, but shall not be limited to, such reasons as:
         (a)   Strategy sessions with respect to collective bargaining, real estate purchases, pending litigation or litigation which is imminent as evidenced by communication of a claim or threat of litigation to or by the public body;
         (b)   Discussion regarding deployment of security personnel or devices;
         (c)   Investigative proceedings regarding allegations of criminal misconduct; or
         (d)   Evaluation of the job performance of a person when necessary to prevent needless injury to the reputation of a person and if such person has not requested a public meeting.
      (3)   Nothing in this section shall permit a closed meeting for discussion of the appointment or election of a new member to any public body.
   (B)   The vote to hold a closed session shall be taken in open session. The vote of each member on the question of holding a closed session, the reason for the closed session, and the time when the closed session commenced and concluded shall be recorded in the minutes. The public body holding such a closed session shall restrict its consideration to matters during the closed portions to only those purposes set forth in the minutes as the reason for the closed session. The meeting shall be reconvened in open session before any formal action may be taken. For purposes of this section, FORMAL ACTION shall mean a collective decision or a collective commitment or promise to make a decision on any question, motion, proposal, resolution, order or ordinance or formation of a position or policy but shall not include negotiating guidance given by members of the public body to legal counsel or other negotiators in closed sessions authorized under division (A)(2)(a) above.
   (C)   (1)   Any member of the public body shall have the right to challenge the continuation of a closed session if the member determines that the session has exceeded the reason stated in the original motion to hold a closed session or if the member contends that the closed session is neither clearly necessary for:
         (a)   The protection of the public interest; or
         (b)   The prevention of needless injury to the reputation of an individual.
      (2)   Such challenge shall be overruled only by a majority vote of the members of the public body. Such challenge and its disposition shall be recorded in the minutes.
   (D)   Nothing in this section shall be construed to require that any meeting be closed to the public. No person or public body shall fail to invite a portion of its members to a meeting and no public body shall designate itself a subcommittee of the whole body for the purpose of circumventing the provisions of this subchapter. No closed session, informal meeting, chance meeting, social gathering or electronic communication shall be used for the purpose of circumventing the provisions of this subchapter.
   (E)   The provisions of this subchapter shall not apply to chance meetings, or to attendance at or travel to conventions or workshops of members of a public body at which there is no meeting of the body then intentionally convened and there is no vote or other action taken regarding any matter over which the public body has supervision, control, jurisdiction or advisory power.
(1997 Code, § 1-504)
Statutory reference:
   Authority or similar provisions, see Neb. RS 84-1410
§ 31.05 EMERGENCY MEETINGS.
   When it is necessary to hold an emergency meeting without reasonable advance public notice, the nature of the emergency shall be stated in the minutes and any formal action taken in such meeting shall pertain only to the emergency. Such emergency meetings may be held by means of electronic or telecommunication equipment. The provisions of § 31.08 shall be complied with in conducting emergency meetings. Complete minutes of such emergency meetings specifying the nature of the emergency and any formal action taken at the meeting shall be made available to the public by no later than the end of the next regular business day.
(1997 Code, § 1-505)
Statutory reference:
   Authority or similar provisions, see Neb. RS 84-1411
§ 31.06 MINUTES.
   (A)   Each public body shall keep minutes of all meetings showing the time, place, members present and absent and the substance of all matters discussed.
   (B)   The minutes shall be public records and open to public inspection during normal business hours.
   (C)   Minutes shall be written and available for inspection within ten working days, or prior to the next convened meeting, whichever occurs earlier.
(1997 Code, § 1-506)
Statutory reference:
   Authority or similar provisions, see Neb. RS 84-1412, 84-1413
§ 31.07 VOTES.
   (A)   Any action taken on any question or motion duly moved and seconded shall be by roll call vote of the public body in open session, and the record shall state how each member voted, or if the member was absent or not voting. The requirements of a roll call or viva voce vote shall be satisfied by the municipality utilizing an electronic voting device which allows the yeas and nays of each member of the governing body to be readily seen by the public.
   (B)   The vote to elect leadership within a public body may be taken by secret ballot, but the total number of votes for each candidate shall be recorded in the minutes.
(1997 Code, § 1-507)
Statutory reference:
   Authority or similar provisions, see Neb. RS 17-616, 84-1413
§ 31.08 NOTICE TO NEWS MEDIA.
   The Municipal Clerk-Treasurer, Secretary or other designee of each public body shall maintain a list of the news media requesting notification of meetings and shall make reasonable efforts to provide advance notification to them of the time and place of each meeting, and the subjects to be discussed at that meeting.
(1997 Code, § 1-508)
Statutory reference:
   Authority or similar provisions, see Neb. RS 84-1411
§ 31.09 PUBLIC PARTICIPATION.
   (A)   Subject to the provisions of this subchapter, the public shall have the right to attend and the right to speak at meetings of public bodies and all or any part of a meeting of a public body, except for closed meetings called pursuant to § 31.04, may be videotaped, televised, photographed, broadcast or recorded by any person in attendance by means of a tape recorder, camera, video equipment or any other means of pictorial or sonic reproduction or in writing.
   (B)   It shall not be a violation of this section for any public body to make and enforce reasonable rules and regulations regarding the conduct of persons attending, speaking at, videotaping, televising, photographing, broadcasting or recording its meetings. A body may not be required to allow citizens to speak at each meeting, but it may not forbid public participation at all meetings. No public body shall require members of the public to identify themselves as a condition for admission to the meeting. The body may require any member of the public desiring to address the body to identify himself or herself. No public body shall for the purpose of circumventing the provisions of this subchapter hold a meeting in a place known by the body to be too small to accommodate the anticipated audience. No public body shall be deemed in violation of this section if it holds its meeting in its traditional meeting place which is located in this state. An agency which contracts with municipalities outside the State of Nebraska may hold meetings of any committee outside the State of Nebraska if such meetings are held only in such contracting municipalities. Final action on any agenda item shall only be taken by the agency at a meeting in the State of Nebraska, which meeting shall comply with Neb. RS 84-1408 to 84-1414. The public body shall, upon request, make a reasonable effort to accommodate the public’s right to hear the discussion and testimony presented at the meeting. Public bodies shall make available at the meeting, for examination and copying by members of the public, at least one copy of all reproducible written material to be discussed at an open meeting.
(1997 Code, § 1-509)
Statutory reference:
   Authority or similar provisions, see Neb. RS 84-1412, 18-2438
§ 31.10 ORDER OF BUSINESS.
   All meetings of the governing body shall be open to the public. Promptly at the hour set by law on the day of each regular meeting, the members of the governing body, the Municipal Clerk-Treasurer, the Mayor and such other municipal officials that may be required shall take their regular stations in the meeting place, and the business of the municipality shall be taken up for consideration, and disposition in the manner prescribed by the official agenda on file at the office of the Municipal Clerk-Treasurer.
(1997 Code, § 1-510)
§ 31.11 CHANGE IN OFFICE.
   The change in office shall be made as follows. The Mayor and Council shall meet on the first regular meeting date in December of each year in which a municipal election is held and the outgoing officers and the outgoing members of the Council shall present their reports, and upon the old Council having completed its business up to the said time, the outgoing members of the Council shall surrender their offices to the incoming members, and the outgoing officers shall thereupon each surrender to his or her successor in office all property, records, papers and moneys, belonging to the same.
(1997 Code, § 1-511)
§ 31.12 ORGANIZATIONAL.
   The newly elected Council shall convene at the regular place of meeting in the city on the first regular meeting in December of each year in which a municipal election is held immediately after the prior Council adjourns and proceed to organize themselves for the ensuing year. The Mayor elected for the new municipal year shall call the meeting to order. The Council shall then proceed to examine the credentials of its members and other elective officers of the city to see that each has been duly and properly elected, and to see that such oaths and bonds have been given as are required. After ascertaining that all members are duly qualified, the Council shall then elect one of its own body who shall be styled as “President of the Council.” The Mayor shall then nominate his or her candidates for appointive offices. He or she shall then proceed with the regular order of business. It is hereby made the duty of each and every member of the Council, or his or her successor in office, and of each officer elected to any office, to qualify prior to the first regular meeting in December following his or her election. All appointive officers shall qualify within two weeks following their appointments. Qualification for each officer who is not required to give bond shall consist in his or her subscribing and taking an oath to support the Constitution of the United States, the Constitution of the State of Nebraska, the laws of the municipality and to perform faithfully and impartially the duties of his or her office, said oath to be filed in the office of the Municipal Clerk-Treasurer. Each officer who is required to give a bond shall file the required bond in the office of the Municipal Clerk-Treasurer with sufficient sureties, conditioned on the faithful discharge of the duties of his or her office, with the oath endorsed thereon.
(1997 Code, § 1-512)
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