§92-8  Emergency meetings.  (a)  If a
board finds that an imminent peril to the public health, safety, or welfare
requires a meeting in less time than is provided for in section 92-7, the board
may hold an emergency meeting provided that:



(1)  The board states in writing the reasons for its
findings;



(2)  Two-thirds of all members to which the board is
entitled agree that the findings are correct and an emergency exists;



(3)  An emergency agenda and the findings are filed
with the office of the lieutenant governor or the appropriate county clerk's
office, and in the board's office; and



(4)  Persons requesting notification on a regular
basis are contacted by mail or telephone as soon as practicable.



(b)  If an unanticipated event requires a board
to take action on a matter over which it has supervision, control,
jurisdiction, or advisory power, within less time than is provided for in
section 92-7 to notice and convene a meeting of the board, the board may hold
an emergency meeting to deliberate and decide whether and how to act in
response to the unanticipated event; provided that:



(1)  The board states in writing the reasons for its
finding that an unanticipated event has occurred and that an emergency meeting
is necessary and the attorney general concurs that the conditions necessary for
an emergency meeting under this subsection exist;



(2)  Two-thirds of all members to which the board is
entitled agree that the conditions necessary for an emergency meeting under
this subsection exist;



(3)  The finding that an unanticipated event has
occurred and that an emergency meeting is necessary and the agenda for the
emergency meeting under this subsection are filed with the office of the
lieutenant governor or the appropriate county clerk's office, and in the board's
office;



(4)  Persons requesting notification on a regular
basis are contacted by mail or telephone as soon as practicable; and



(5)  The board limits its action to only that action
which must be taken on or before the date that a meeting would have been held,
had the board noticed the meeting pursuant to section 92-7.



(c)  For purposes of this part, an
"unanticipated event" means:



(1)  An event which members of the board did not have
sufficient advance knowledge of or reasonably could not have known about from
information published by the media or information generally available in the
community;



(2)  A deadline established by a legislative body, a
court, or a federal, state, or county agency beyond the control of a board; or



(3)  A consequence of an event for which reasonably
informed and knowledgeable board members could not have taken all necessary
action. [L 1975, c 166, pt of §1; am L 1996, c 267, §4]