Section
32.01 Defined
32.02 Public body defined
32.03 Public meetings
32.04 Closed sessions
32.05 Prohibited acts; exempt events
32.06 Emergency meetings
32.07 Minutes
32.08 Votes
32.09 Notice to news media
32.10 Public participation
32.11 Order of business
32.12 Parliamentary procedure
32.13 Change in office
32.14 Reorganizational meeting
32.15 Regular meetings
32.16 Special meetings
32.17 Teleconferencing
MEETINGS, as used in this chapter, means all regular, special or called meetings, formal or informal, of a public body for the purposes of briefing, discussion of public business, formation of tentative policy or the taking of any action.
(1997 Code, § 1-501)
Statutory reference:
Related provisions, see Neb. RS 84-1409(2)
(A) PUBLIC BODY, as used in this chapter, shall mean:
(1) The governing body of the municipality;
(2) All independent boards, commissions, bureaus, committees, councils, subunits or any other bodies, now or hereafter created by Constitution, statute, ordinance or otherwise pursuant to law; and
(3) Advisory committees of the bodies listed above.
(B) This chapter shall not apply to subcommittees of such bodies unless a quorum of the public body attends a subcommittee meeting or unless such subcommittees are holding hearings, making policy or taking formal action on behalf of their parent body.
(1997 Code, § 1-502) (Ord. 2-93, passed 2-9-1993)
Statutory reference:
Related provisions, see Neb. RS 84-1409(1)
(A) All public meetings as defined by law shall be held in a municipal public building which shall be open to attendance by the public.
(B) All meetings shall be held in the public building in which the governing body usually holds such meetings unless the publicized notice hereinafter required shall designate some other public building or other specified place. The advance publicized notice of all public convened meetings shall be simultaneously transmitted to all members of the governing body and to the public by a method designated by the governing body or by the Chairperson if the governing body has not designated a method. Such notice shall contain the time and specific place for each meeting and either an enumeration of the agenda subjects known at the time of the notice, or a statement that such an agenda kept continually current shall be readily available for public inspection at the office of the Village Clerk.
(C) Except for items of an emergency nature, the agenda shall not be altered later than: 24 hours before the scheduled commencement of the meeting; or 48 hours before the scheduled commencement of a meeting of the governing body scheduled outside the corporate limits of the municipality. The governing body shall have the right to modify the agenda to include items of an emergency nature only, at such public meetings.
(D) The minutes of the Village Clerk shall include the record of the manner and advance time by which the advance publicized notice was given, a statement of how the availability of an agenda of the then known subjects was communicated, the time and specific place of the meetings, and the names of each member of the governing body present or absent at each convened meeting. The minutes of the governing body shall be a public record open to inspection by the public upon request at any reasonable time at the office of the Village Clerk. Any official action on any question or motion duly moved and seconded shall be taken only by roll call vote of the governing body in open session. The record of the Village Clerk shall show how each member voted, or that the member was absent and did not vote.
(1997 Code, § 1-503) (Ord. 202, passed 9-8-1987)
Statutory reference:
Related provisions, see Neb. RS 84-1408, 84-1409, 84-1411, 84-1413
(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. The subject matter and the reason necessitating the closed session shall be identified in the motion to close. 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.
(2) 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 entire motion, the vote of each member on the question of holding a closed session, and the time when the closed session commenced and concluded shall be recorded in the minutes. If the motion to close passes, then the presiding officer immediately prior to the closed session shall restate on the record the limitation of the subject matter at the closed session. The public body holding such a closed session shall restrict its consideration of matters during the closed portions to only those purposes set forth in the motion to close 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 means 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)(1)(a) above.
(C) Any member of any 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:
(1) The protection of the public interest; or
(2) The prevention of needless injury to the reputation of an individual. 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.
(1997 Code, § 1-504) (Ord. 3-93, passed 2-9-1993; Ord. 95-02, passed 3-14-1995; Ord. 02-05, passed 2-7-2005)
Statutory reference:
Related provisions, see Neb. RS 84-1410
(A) 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 this chapter or the Open Meetings Act. No closed session, informal meeting, chance meeting, social gathering, email, fax or electronic communication shall be used for the purpose of circumventing the requirements of this chapter or the Act.
(B) This chapter and the Act do 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, if 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, § 1-504-01) (Ord. 02-05, passed 2-7-2005)
Statutory reference:
Related provisions, see Neb. RS 84-1410
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