2013 12:00:00 PM

Monday, November 18, 2013 12:00 PM
Larry D Johnson Community Center, 12th St., Sparks, NV

Item Number: 6

Title: Presentation, discussion and possible action on Boards and Commissions. (FOR POSSIBLE ACTION

6.1 Review and update of the procedures for alternates on Boards and Commissions.(FOR POSSIBLE ACTION)

6.2 Review current Board and Commission assignments.(FOR POSSIBLE ACTION)

Petitioner/Presenter: Shaun Carey, City Manager/Teresa Gardner, City Clerk

Recommendation: n/a

Financial Impact: N/A

Business Impact (Per NRS 237):
A Business Impact Statement is not required because this is not a rule.

Agenda Item Brief:

AB 65, Section 3, sponsored by Assembly Government Affairs in 2013, states:

"1. A member of a public body may not designate a person to attend a meeting of the public body in the place of the member unless such designation is expressly authorized by the legal authority pursuant to which the public body was created. Any such designation must be made in writing or made on the record at a meeting of the public body.

2. A person designated pursuant to subsection 1:

(a) Shall be deemed to be a member of the public body for the purposes of determining a quorum at the meeting; and

(b) is entitled to exercise the same powers as the regular members of the public body at the meeting."

In addition, a list of the current Boards and Commissions and who serves is attached.

Background:

Mayor Martini requested a review of legislation from the 77th Legislative Session that may "limit" the use of Alternates to a Board and Commission assignment after he was denied a seat at the Regional Transportation Commission meeting when he was attending on behalf of Council Member Smith.

Analysis:

Senior City Attorney Doug Thornley offered comment that if NRS says you “may” create the group, it is providing the authority but not the obligation. The city would then have a resolution or ordinance creating and governing the group. If NRS creates the group, it provides the governing and “expression unius est exclusion alterius” would apply (If the legislature had intended on alternates, they would have included that in their provision.) The attached list summarizes the Boards and Commission the Sparks City Council serves on, and comments on alternates for each.

Alternatives: n/a

Recommended Motion: n/a

Attached Files:

B&C Alternates 11-2013.pdf

2012 Council Boards & Commissions listing UPDATED 11-4-13.pdf

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