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

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

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

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

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

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

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

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

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

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

(5)  The board limits its action to only that actionwhich 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 havesufficient advance knowledge of or reasonably could not have known about frominformation published by the media or information generally available in thecommunity;

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

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