USA Statutes : nevada
Title : Title 23 - PUBLIC OFFICERS AND EMPLOYEES
Chapter : CHAPTER 281 - GENERAL PROVISIONS
As used in this chapter:
1. Except as limited for the purposes of NRS 281.411 to 281.581 ,
inclusive, “public officer” means a person elected or appointed to a
position which:
(a) Is established by the Constitution or a statute of this State,
or by a charter or ordinance of a political subdivision of this State; and
(b) Involves the continuous exercise, as part of the regular and
permanent administration of the government, of a public power, trust or
duty.
2. “Special use vehicle” means any vehicle designed or used for
the transportation of persons or property off paved highways.
(Added to NRS by 1967, 1471; A 1971, 593; 1977, 1109)
CLASSIFICATION AND COMMISSIONS OF OFFICERS
[Effective until the
date on which the voters approve a constitutional amendment establishing
an intermediate court of appeals.]
1. The following officers must be elected:
(a) A Governor.
(b) A Lieutenant Governor.
(c) Two United States Senators.
(d) The number of members of the House of Representatives of the
United States to which this State may be entitled.
(e) The number of presidential electors to which this State may be
entitled.
(f) Justices of the Supreme Court.
(g) District judges.
(h) Senators and members of the Assembly.
(i) A Secretary of State.
(j) A State Treasurer.
(k) A State Controller.
(l) An Attorney General.
(m) Other officers whose elections are provided for by law.
(n) For each county, and the equivalent officers for Carson City:
(1) One county clerk, who is ex officio clerk of the board
of county commissioners and clerk of the district court of his county.
(2) One sheriff.
(3) One district attorney.
(4) One public administrator, except where otherwise
provided by law.
(5) One county assessor, except where otherwise provided by
law.
(6) One county treasurer, except where otherwise provided by
law.
(7) The number of county commissioners as provided by law.
(8) One county recorder, who is ex officio county auditor of
his county if a county comptroller has not been appointed in his county.
(9) Justices of the peace.
(10) Constables, except where otherwise provided by law.
2. All officers who are not elected must be appointed.
[1:108:1866; B § 2599; BH § 1636; C § 1782; RL § 2765; NCL §
4765]—(NRS A 1957, 109, 655; 1967, 455; 1969, 7, 328, 1110, 1466, 1524,
1545; 1973, 318, 1479; 1979, 533; 1981, 1955; 1985, 702, 1215; 1997,
1531; 2001, 657 )
[Effective on the date
on which the voters approve a constitutional amendment establishing an
intermediate court of appeals.]
1. The following officers must be elected:
(a) A Governor.
(b) A Lieutenant Governor.
(c) Two United States Senators.
(d) The number of members of the House of Representatives of the
United States to which this State may be entitled.
(e) The number of presidential electors to which this State may be
entitled.
(f) Five justices of the Supreme Court.
(g) District judges.
(h) Senators and members of the Assembly.
(i) A Secretary of State.
(j) A State Treasurer.
(k) A State Controller.
(l) An Attorney General.
(m) Other officers whose elections are provided for by law.
(n) For each county, and the equivalent officers for Carson City:
(1) One county clerk, who is ex officio clerk of the board
of county commissioners and clerk of the district court of his county.
(2) One sheriff.
(3) One district attorney.
(4) One public administrator, except where otherwise
provided by law.
(5) One county assessor, except where otherwise provided by
law.
(6) One county treasurer, except where otherwise provided by
law.
(7) The number of county commissioners as provided by law.
(8) One county recorder, who is ex officio county auditor in
counties in which a county comptroller has not been appointed.
(9) Justices of the peace.
(10) Constables, except where otherwise provided by law.
2. All officers who are not elected must be appointed.
[1:108:1866; B § 2599; BH § 1636; C § 1782; RL § 2765; NCL §
4765]—(NRS A 1957, 109, 655; 1967, 455; 1969, 7, 328, 1110, 1466, 1524,
1545; 1973, 318, 1479; 1979, 533; 1981, 1955; 1985, 702, 1215; 1997,
1531; 2001, 657 , 658 , effective on the date on which the voters
approve a constitutional amendment establishing an intermediate court of
appeals)
1. All state officers shall receive their commissions from the
Governor.
2. All commissions of officers shall be in the name and by the
authority of the State of Nevada, and shall be sealed with the great seal
of the State, signed by the Governor, and countersigned by the Secretary
of State.
[29:108:1866; B § 2627; BH § 1664; C § 1810; RL § 2793; NCL § 4793]
+ [Part 30:108:1866; B § 2628; BH § 1665; C § 1811; RL § 2794; NCL § 4794]
1. The official oath, except in the cases specified in NRS 218.090
, 223.030 and 224.030 ,
shall be endorsed on the commission or certificate of election of the
officer and signed by him, and shall be certified by the officer before
whom the oath or affirmation shall have been taken.
2. Every officer, whose oath of office is required to be endorsed
on his commission or certificate of election, shall take and subscribe to
the oath at the time of the reception of the commission or certificate.
3. The oath shall be taken, and, except in the cases prescribed in
NRS 218.090 , 223.030 and 224.030 ,
may be subscribed before any justice of the Supreme Court or clerk
thereof, any judge of the district court or clerk thereof, a county
clerk, notary public, or justice of the peace, unless otherwise directed
by law.
[23:108:1866; B § 2621; BH § 1658; C § 1804; RL § 2787; NCL § 4787]
+ [26:108:1866; B § 2624; BH § 1661; C § 1807; RL § 2790; NCL § 4790] +
[27:108:1866; B § 2625; BH § 1662; C § 1808; RL § 2791; NCL § 4791]
DISQUALIFICATIONS FOR OFFICE OR EMPLOYMENT
No
person who is not a qualified elector shall be eligible to any office of
honor, profit or trust in and under the government and laws of this State.
[Part 2:108:1866; A 1953, 711; 1955, 459]
1. The residence of a person with reference to his eligibility to
office is his actual residence within the State or county or district, as
the case may be, during all the period for which residence is claimed by
him. If any person absents himself from the jurisdiction of his residence
with the intention in good faith to return without delay and continue his
residence, the period of absence must not be considered in determining
the question of residence.
2. If a candidate who has filed for elective office moves his
residence out of the State, county, district, ward, subdistrict or any
other unit prescribed by law for which he is a candidate and in which he
is required actually, as opposed to constructively, to reside, a vacancy
is created thereby and the appropriate action for filling the vacancy
must be taken. A person shall be deemed to have moved his residence for
the purposes of this section if:
(a) He has acted affirmatively to remove himself from one place; and
(b) He has an intention to remain in another place.
3. The district court has jurisdiction to determine the question
of residence in an action for declaratory judgment.
4. As used in this section, “actual residence” means the place
where a person is legally domiciled and maintains a permanent habitation.
If the person maintains more than one such habitation, the place he
declares to be his principal permanent habitation when filing a
declaration or affidavit pursuant to NRS 293.177 or 293C.185 shall be deemed to be his actual residence.
[Part 1:158:1911; RL § 3609; NCL § 6405]—(NRS A 1971, 433; 1975,
616; 1999, 2170 )
1. Except as otherwise provided in subsection 2, no person may:
(a) File nomination papers for more than one elective office at any
election.
(b) Hold more than one elective office at the same time.
2. The provisions of subsection 1 shall not be construed to
prevent any person from filing nomination papers for or holding an
elective office of any special district (other than a school district),
such as an irrigation district, a local or general improvement district,
a soil conservation district or a fire protection district, and at the
same time filing nomination papers for or holding an elective office of
the State, or any political subdivision or municipal corporation thereof.
(Added to NRS by 1961, 299; A 1965, 169)
When the law creating any
appointive state board or commission requires that political party
affiliation be balanced among the members, no person may be appointed to
any such board or commission who has changed his party registration
within the immediately preceding 2-year period.
(Added to NRS by 1971, 50)
1. Only citizens or wards of the United States or persons who have
been honorably discharged from the military service of the United States
may be employed by any officer of the State of Nevada, by any political
subdivision of the State, or by any person acting under or for such an
officer in any office or department of the State of Nevada or political
subdivision of the State.
2. In all cases where persons are so employed, preference must be
given, if the qualifications of the applicants are equal:
(a) First: To honorably discharged military personnel of the United
States who are citizens of the State of Nevada.
(b) Second: To other citizens of the State of Nevada.
3. Nothing in this section prevents:
(a) The working of prisoners by the State of Nevada or by any
political subdivision of the State, on street or road work or other
public work.
(b) The employment of aliens, who have not forfeited their right to
citizenship by claiming exemption from military service, as common
laborers in the construction of public roads, when it can be shown that
citizens or wards of the United States or persons who have been honorably
discharged from the military service of the United States are not
available for such employment. Any alien so employed must be replaced by
a citizen, ward or ex-service person of the United States applying for
employment.
(c) The employment of any teacher, instructor or professor
authorized to teach in the United States under the teacher-exchange
programs as authorized by federal laws enacted by the Congress of the
United States.
(d) Except as otherwise provided in this paragraph, the employment
of aliens by the Nevada System of Higher Education in the technical,
graduate assistant and student categories. Except in the foreign language
departments, not more than 5 percent of the total number of persons
employed in the technical, graduate assistant and student categories may
be aliens.
(e) Employment of aliens in any state or political subdivision
hospital.
4. Subject to the exceptions contained in this section, money must
not be paid out of the state treasury or out of the treasury of any
political subdivision of the State to any person employed on any of the
work mentioned in this section unless the person is a citizen or ward or
naturalized citizen of the United States.
5. Any officer of the State of Nevada, or of any political
subdivision of the State, or any person acting under or for such an
officer, or any other person who violates any of the provisions of this
section is guilty of a misdemeanor. The penalties provided for in this
section do not apply where the violations result from misrepresentations
made by the employee by the production of fraudulent papers evidencing
citizenship in the United States.
[Part 1:168:1919; A 1921, 205; 1929, 89; NCL § 6173] + [3:168:1919;
1919 RL p. 2965; NCL § 6175] + [Part 4:168:1919; A 1921, 205; NCL §
6176]—(NRS A 1963, 289; 1967, 547; 1969, 400, 879, 1425; 1973, 222; 1993,
372)
DEPUTIES AND SUBORDINATES
When any officer is
authorized or required by law to appoint a deputy, the deputy, before
proceeding to act, shall take the same oath as his principal.
[28:108:1866; B § 2626; BH § 1663; C § 1809; RL § 2792; NCL § 4792]
Whenever any deputy or clerk in
any state office is appointed as clerk or secretary of any state board or
commission by the board, commission or the Legislature, he shall serve as
such clerk or secretary without compensation unless compensation is
specifically fixed by law.
[5:32:1881; BH § 2298; C § 2096; RL § 4392; NCL § 7551]—(NRS A
1969, 32)
HOURS OF EMPLOYMENT
1. Except as otherwise provided in this section and NRS 284.180
, the services and employment of all
persons who are employed by the State of Nevada, or by any county, city,
town, township or other political subdivision thereof, are limited to not
more than 8 hours in any 1 calendar day and not more than 40 hours in any
1 week.
2. The period of daily employment mentioned in this section
commences from the time the employee takes charge of any equipment of the
employer or acts as an assistant or helper to a person who is in charge
of any equipment of the employer, or enters upon or into any conveyance
of or operated by or for the employer at any camp or living quarters
provided by the employer for the transportation of employees to the place
of work.
3. This section does not apply to:
(a) Officials of the State of Nevada or of any county, city, town,
township or other political subdivision thereof, or employees of the
State whose employment is governed by NRS 284.148 .
(b) Employees of the State of Nevada or of any county, city, town,
township or other political subdivision thereof who:
(1) Are engaged as employees of a fire department, or to
nurses in training or working in hospitals, or to police, deputy sheriffs
or jailers;
(2) Chose and are approved for a variable workday or
variable 80-hour work schedules within a biweekly pay period;
(3) Work more than 8 hours but not more than 10 hours in any
1 workday or 40 hours in any 1 workweek;
(4) Are executive, administrative, professional or
supervisory employees; or
(5) Are covered by a collective bargaining agreement which
establishes hours of service.
(c) Employees of the Legislative Counsel Bureau.
(d) Work done directly by any public utility company pursuant to an
order of the Public Utilities Commission of Nevada or other public
authority.
4. Any employee whose hours are limited by subsection 1 may be
permitted, or in case of emergency where life or property is in imminent
danger may be required, at the discretion of the officer responsible for
his employment, but subject to any agreement made pursuant to NRS 284.181
, to work more than the number of hours
limited. If so permitted or required, he is entitled to receive, at the
discretion of the responsible officer:
(a) Compensatory vacation time; or
(b) Overtime pay.
5. Any officer or agent of the State of Nevada, or of any county,
city, town, township, or other political subdivision thereof, whose duty
it is to employ, direct or control the services of an employee covered by
this section, who violates any of the provisions of this section as to
the hours of employment of labor as provided in this section, is guilty
of a misdemeanor.
[Part 1:203:1919; A 1935, 37; 1931 NCL § 6170] + [Part 3:203:1919;
1919 RL p. 2966; NCL § 6172]—(NRS A 1965, 117; 1967, 547; 1971, 154;
1975, 241; 1977, 667; 1987, 711; 1993, 2089; 1997, 1985)
1. Unless required for the efficient transaction of business and
the convenience of the persons with whom business is transacted, the
offices of all state officers, departments, boards, commissions and
agencies must:
(a) Maintain not less than a 40-hour workweek.
(b) Be open for the transaction of business at least from 8 a.m.
until 12 p.m. and from 1 p.m. until 5 p.m. every day of the year, with
the exception of Saturdays, Sundays and legal holidays.
2. Variable workweek scheduling may be required in those agencies
where coverage is needed on Saturdays, Sundays and legal holidays or on
other days or during other hours, as necessary.
3. The offices of all state officers, departments, boards,
commissions and agencies that are open on the days and during the hours
set forth in paragraph (b) of subsection 1 must remain open during the
noon hour of each working day if any such office has more than one person
on its staff.
[1:294:1949; 1943 NCL § 6957.01]—(NRS A 1971, 589; 1973, 79; 2003,
1435 )
COMPENSATION OF OFFICERS AND EMPLOYEES
1. Except as otherwise provided in this section, all state
officers and regular and temporary employees of this State are entitled
to receive salaries as fixed by law in two equal semimonthly payments.
The first semimonthly payment for each month must be for the first half
of that particular month, and the second semimonthly payment must be for
the last half of the month.
2. All payrolls must be submitted by individual agencies
immediately after the 15th and last day of each month for approval by the
Department of Personnel, and salary checks as approved by the State
Controller must be issued not later than 10 calendar days following the
end of each semimonthly pay period.
3. A state agency or department may be permitted to pay salaries,
within the limits fixed by law, at regular 2-week intervals, when it is
established to the satisfaction of the Governor that this method of
payment will expedite and assist the work of the agency or department
without inconvenience to other agencies or departments.
[1:179:1941; A 1949, 406; 1951, 77]—(NRS A 1965, 53; 1981, 1683;
1983, 618)
On or after July 1, 1985:
1. An employee of the State of Nevada who is required to purchase
and wear a uniform while performing his duties is entitled to receive
from his employer each quarter an allowance which is equal to one-fourth
of the cost of the uniform he is required to wear, including the cost of
any required accessories such as a flashlight, gun or whistle. The
employer shall determine the cost of the required uniform and accessories
at the beginning of each quarter and determine the allowance accordingly.
2. In addition to the quarterly allowance, a person who:
(a) Is hired by the State of Nevada for a position; or
(b) Assumes a position which is new to that person,
Ê for which he is required to purchase and wear a uniform is entitled to
an initial reimbursement for the cost of one uniform and any required
accessories.
3. An employer must obtain the prior approval of the Budget
Division of the Department of Administration before designating a uniform
to be worn by an employee pursuant to subsection 1.
(Added to NRS by 1983, 1044)
1. Except as otherwise provided in subsection 3 or NRS 281.1233
, or as authorized by statute referring
specifically to that position, the salary of a person employed by the
State or any agency of the State must not exceed 95 percent of the salary
for the office of Governor during the same period.
2. As used in subsection 1, the term “salary”:
(a) Includes any:
(1) Payment received by an employee for being available to
work although he was not actually required to perform the work;
(2) Increase in salary provided to compensate for a rise in
the cost of living;
(3) Payment received under a plan established to encourage
continuity of service; and
(4) Payment received as compensation for purportedly
performing additional duties.
(b) Excludes any:
(1) Payment received as compensation for overtime even if
that payment is otherwise authorized by law; and
(2) Rent or utilities supplied to an employee if he is
required by statute or regulation to live in a particular dwelling.
3. The provisions of subsection 1 do not apply to the salaries of:
(a) Dentists and physicians employed full-time by the State; or
(b) Officers and employees of the Nevada System of Higher Education.
(Added to NRS by 1975, 1846; A 1977, 1041, 1325; 1979, 1320; 1981,
1159, 1639, 2018; 1985, 39; 1993, 373)
1. The Interim Finance Committee may approve applications from
agencies of the State for exceptions to limitations on salaries which are
expressed as percentages of salaries paid to another person or authorized
for another position.
2. The chief officer of a state agency may submit applications for
exceptions for any person or position within his agency to the Governor
who shall review and transmit them with his recommendation to the Interim
Finance Committee.
3. The Interim Finance Committee may approve an exception under
this section if it finds that:
(a) If the application is for a particular officer or employee, the
person has exhibited exceptional qualifications or ability; or
(b) If the application is for a position, the position requires
unusual skill, ability, knowledge or some other quality, and that under
statutory salary limitations there is no qualified person seeking to fill
the position.
4. The Interim Finance Committee shall return an application for a
state officer, employee or position to the chief officer of the agency
with its approval or disapproval and, if it has approved the exception,
make an allocation from the contingency fund, unless the exception is to
begin on or after July 1 of an odd-numbered year and provision has been
made in the agency budget for the increase in salary.
(Added to NRS by 1977, 1040; A 1979, 965)
In cases where the
salary of an appointive officer or employee is determined by law, such
salary must not be paid unless a specific legislative appropriation of
money or a specific legislative authorization for the expenditure of
money is made or enacted for the department or agency.
(Added to NRS by 1957, 350; A 1981, 1521; 1999, 1813 )
1. Unless otherwise provided by law, no public officer or employee
whose salary is set by law, whether or not he serves the State in more
than one capacity, may be paid more than one salary for all services
rendered to the State.
2. The provisions of subsection 1 do not apply to any public
officer or employee for salaries:
(a) For any ex officio duties he may be required by law to perform.
(b) For teaching during off-duty hours in an educational program
sponsored by a governmental authority if he is not regularly employed in
such program by that governmental authority.
(Added to NRS by 1959, 197; A 1979, 58)
1. Except as permitted by the federal Family and Medical Leave Act
of 1993, the salary of a public officer or employee of the State or any
agency thereof, or of a political subdivision or any agency thereof, who
is not entitled pursuant to federal or state law, local ordinance, or
policy or contract of employment to earn overtime at the rate of time and
one-half, must not be reduced for an absence from work for part of a day.
2. The provisions of this section do not apply to an officer or
employee of the Legislative Branch of government, except an officer or
employee of the legislative library.
(Added to NRS by 1991, 1150; A 1993, 2090)
1. Any officer of the State, except the Legislative Fiscal
Officer, who disburses money in payment of salaries and wages of officers
and employees of the State:
(a) May, upon written requests of the officer or employee
specifying amounts, withhold those amounts and pay them to:
(1) Charitable organizations;
(2) Employee credit unions;
(3) Except as otherwise provided in paragraph (b), insurers;
(4) The United States for the purchase of savings bonds and
similar obligations of the United States; and
(5) Employee organizations and labor organizations.
(b) Shall, upon receipt of information from the Public Employees’
Benefits Program specifying amounts of premiums or contributions for
coverage by the Program, withhold those amounts from the salaries or
wages of officers and employees who participate in the Program and pay
those amounts to the Program.
2. The State Controller may adopt regulations necessary to
withhold money from the salaries or wages of officers and employees of
the Executive Department.
(Added to NRS by 1981, 655; A 1991, 658; 1999, 3020 ; 2003, 3258 )
1. The fees and salaries of all persons holding office or
positions of profit under the government of the State of Nevada, or under
any county, township, city, town or school district within the State,
shall be subject to attachment and execution for all debts and
liabilities created or incurred by such officials or other persons. All
assignments, sales or transfers of such fees and salaries, previous to
becoming due, unless made in good faith and not to defraud creditors,
shall be void as against all such debts and liabilities.
2. In case of the garnishment or attachment of any auditor,
treasurer or disbursing officer, under the provisions of this section,
such officer so garnished or holding the funds or property attached may
pay the sum named, or deliver the property named in the garnishment or
attachment, into the court issuing the same, taking the receipt of the
court therefor, which shall be a full release of the disbursing officer
from the garnishment or attachment.
3. The statute of limitations shall not run against any
indebtedness of such officer or person, existing at the time of his
entering upon the duties of his office or position, during the time such
office or position shall be held.
[1:15:1883; A 1889, 118; C § 1882, RL § 2864; NCL § 4878] +
[2:15:1883; BH § 2423; C § 1883; RL § 2865; NCL § 4879] + [3:15:1883; BH
§ 2424; C § 1884; RL § 2866; NCL § 4880]
All state officers shall have
the right to sell or transfer any evidence of public indebtedness which
may be issued according to law, for services rendered by them to the
State, and legally and justly due.
[Part 99:108:1866; B § 2697; BH § 1734; C § 1880; RL § 2846; NCL §
4846]
Any public
officer or employee of the State or any agency thereof, or of a political
subdivision or an agency of a political subdivision, who is an active
member of the United States Army Reserve, the United States Naval
Reserve, the United States Marine Corps Reserve, the United States Coast
Guard Reserve, the United States Air Force Reserve, or the Nevada
National Guard must be relieved from his duties, upon his request, to
serve under orders without loss of his regular compensation for a period
of not more than 15 working days in any 1 calendar year. No such absence
may be a part of the employee’s annual vacation provided for by law.
(Added to NRS by 1981, 527)
Any public officer or employee of the State
or any agency thereof, or of a political subdivision or an agency of a
political subdivision, who is classified by the American National Red
Cross as a disaster technician must be relieved from his duties, upon the
request of the American National Red Cross and the approval of his
employer, to assist the American National Red Cross during an emergency
or disaster described in NRS 414.020 which occurs in this state or California, Oregon, Idaho, Utah
or Arizona, without loss of his regular compensation for a period of not
more than 15 working days in any calendar year. No such absence may be a
part of the annual vacation of the public officer or employee which is
provided for by law.
(Added to NRS by 1995, 187; A 1999, 1255 )
1. Any public officer or employee of the State or any agency
thereof, or of a political subdivision or an agency of a political
subdivision, who is an emergency communications technician must be
relieved from his duties, upon the request of the Division of Emergency
Management of the Department of Public Safety or a local organization for
emergency management and the approval of his employer, to assist the
division or local organization for emergency management during a disaster
or emergency that occurs in this state, California, Oregon, Idaho, Utah
or Arizona, without loss of his regular compensation for a period of not
more than 15 working days in any calendar year. No such absence may be a
part of the annual vacation of the public officer or employee which is
provided for by law.
2. As used in this section:
(a) “Disaster” has the meaning ascribed to it in NRS 414.0335
.
(b) “Emergency” has the meaning ascribed to it in NRS 414.0345
.
(c) “Emergency communications technician” means a person who is:
(1) Licensed by the Federal Communications Commission as an
amateur radio operator; and
(2) A member of:
(I) The Radio Amateur Civil Emergency Service or a
successor organization sponsored by the agency of the Federal Government
for emergency management; or
(II) The Amateur Radio Emergency Service or a
successor organization sponsored by the American Radio Relay League or
its successor.
(d) “Local organization for emergency management” has the meaning
ascribed to it in NRS 414.036 .
(Added to NRS by 2001 Special Session, 63 )
1. Pursuant to the provisions of NRS 284.343 , any department, board, commission or agency
of this State may authorize the expenditure of public money or expend
public money for the payment of educational leave stipends to any officer
or employee of this State.
2. Notwithstanding the provisions of NRS 284.343 , the Division of Welfare and Supportive
Services of the Department of Health and Human Services may, where part
of the cost of educational leave stipends may be paid from funds made
available by the Federal Government or another source to assist in
increasing the effectiveness and efficiency of administration of public
welfare programs by increasing the number of adequately trained personnel
available for work in public welfare programs, grant educational leave
stipends. No person may be granted educational leave stipends under the
provisions of this subsection until the person has entered into a
contract with the Division of Welfare and Supportive Services whereby the
person agrees to pursue only courses required for social work degrees and
to return to the employ of the Division on the basis of 1 year for each 9
months’ educational leave taken or to refund the amount of such stipends.
Performance of the employment contract may be waived by the Administrator
of the Division of Welfare and Supportive Services in cases of extreme
hardship or other valid excuse.
3. The provisions of NRS 284.343
do not apply to employees of the Rehabilitation Division of the
Department of Employment, Training and Rehabilitation where the
educational expenses are paid from money made available by the Federal
Government or another source to assist the recipient to remain current in
techniques and procedures relating to his employment. No person may be
granted assistance under this subsection without the prior approval of
the Director of the Department of Employment, Training and Rehabilitation
as to educational subject matter.
[1:152:1953] + [2:152:1953]—(NRS A 1960, 156; 1963, 898; 1965, 397;
1971, 570, 1324; 1973, 1406; 1993, 1549; 1997, 2337)
1. The employer of a police officer or firefighter may establish a
program that allows a police officer or firefighter whom it employs who
has suffered a catastrophe resulting in temporary total disability to
elect to continue to receive his normal salary for a period of not more
than 1 year in lieu of receiving the compensation for the industrial
injury or occupational disease for which he is eligible pursuant to
chapters 616A to 616D , inclusive, or 617 of NRS, unless the police officer or firefighter has made an
election pursuant to NRS 281.390 .
2. A program established pursuant to subsection 1:
(a) Must prescribe the conditions pursuant to which a police
officer or firefighter is eligible to receive his normal salary in
accordance with an election pursuant to subsection 1; and
(b) May allow a police officer or firefighter to return to
light-duty employment or employment modified according to his physical
restrictions or limitations and receive his normal salary during the
period of his election pursuant to subsection 1.
3. Unless the employer is self-insured or a member of an
association of self-insured public or private employers, the employer
shall notify the insurer that provides industrial insurance for that
employer of the election by a police officer or firefighter pursuant to
subsection 1. When the police officer or firefighter is no longer
eligible to receive his normal salary pursuant to such an election, the
employer shall notify the insurer so that the insurer may begin paying to
the police officer or firefighter the benefits, if any, for industrial
insurance for which the police officer or firefighter is eligible. If the
employer is self-insured or a member of an association of self-insured
public or private employers and the police officer or firefighter is no
longer eligible to receive his normal salary in accordance with an
election pursuant to subsection 1, the employer shall begin paying the
benefits, if any, for industrial insurance to which the police officer or
firefighter is entitled.
4. During the period in which the police officer or firefighter
elects to receive his normal salary pursuant to subsection 1, he accrues
sick leave, annual leave and retirement benefits at the same rate at
which he accrued such leave and benefits immediately before the election.
5. As used in this section:
(a) “Catastrophe” means an illness or accident arising out of or in
the course of employment which is life threatening or which will require
a period of convalescence that an attending physician expects to exceed
30 days and because of which the employee is unable to perform the duties
of his position.
(b) “Police officer” has the meaning ascribed to it in NRS 617.135
.
(Added to NRS by 1997, 2220; A 2005, 321 )
1. If the employee has filed a written designation of beneficiary,
the final payment of compensation due a deceased employee of the State,
or of any county, city, town, township, district or any other political
subdivision of the State, is not his property or that of his estate but
must be released to the designated beneficiary upon the written request
of the beneficiary.
2. If the deceased employee has not filed such a designation with
his employing public entity, the final payment is a part of the
employee’s personal estate.
3. As used in this section, “final payment” means the net amount
due the employee after the deduction of all lawfully withheld sums from
the employee’s gross compensation.
(Added to NRS by 1975, 1153; A 1981, 562)
As
used in NRS 281.157 to 281.1575 , inclusive, unless the context otherwise
requires, “Commission” means the Commission to Review the Compensation of
Constitutional Officers, Legislators, Supreme Court Justices, District
Judges and Elected County Officers which is created pursuant to NRS
281.1571 .
(Added to NRS by 1993, 2633)
1. There is hereby created a Commission to Review the Compensation
of Constitutional Officers, Legislators, Supreme Court Justices, District
Judges and Elected County Officers, consisting of nine members.
2. The members must be appointed by the following persons:
(a) One member by the Speaker of the Assembly.
(b) One member by the Majority Leader of the Senate.
(c) One member by the Minority Leader of the Assembly.
(d) One member by the Minority Leader of the Senate.
(e) Two members by the Chief Justice of the Supreme Court.
(f) Three members by the Governor.
3. The Commission shall elect a Chairman and such other officers
as it deems necessary from among its members.
4. A current officer or employee of the State or any of its
political subdivisions must not be appointed as a member of the
Commission.
5. The members appointed by the Governor must be selected in the
following manner:
(a) Two members, one from each congressional district, who do not
belong to the same political party.
(b) One member from a list of three nominees submitted by the
Nevada Association of Counties.
(Added to NRS by 1993, 2634)
1. Members of the Commission must be appointed on or before
January 15 of each even-numbered year. The Director of the Legislative
Counsel Bureau must be notified of the appointment of each member.
2. The term of each member of the Commission expires at the end of
the next regular session of the Legislature following the appointment.
Members are eligible for reappointment.
3. A member of the Commission may be removed by the Governor
before the expiration of his term for misconduct in office, incompetence
or neglect of duty.
4. If a vacancy occurs in the membership of the Commission, the
Governor shall appoint a person to fill the vacancy for the remainder of
the unexpired term.
(Added to NRS by 1993, 2634)
1. Each member of the Commission is entitled to receive $80 for
each day that he attends a regularly called meeting of the Commission.
2. The first meeting of the Commission must be held on or before
June 15 of the year in which the members are appointed. Thereafter, the
Chairman shall call meetings of the Commission as often as he deems
necessary.
3. The Director of the Legislative Counsel Bureau shall provide
the Commission with administrative support.
(Added to NRS by 1993, 2634)
A majority
of the members of the Commission constitutes a quorum to transact
business. The affirmative vote of five members is required to approve the
recommendations of the Commission regarding compensation.
(Added to NRS by 1993, 2634)
1. The Commission shall:
(a) Review the compensation paid to constitutional officers,
Supreme Court justices, district judges and elected county officers.
(b) Review the compensation paid to the members of the Legislature
during and between legislative sessions.
(c) Hold public hearings to discuss the issues and receive public
comment.
(d) If it determines that changes in legislation are required,
request the assistance of the Legislative Counsel in the preparation of a
bill draft on or before November 15 of each even-numbered year. Upon
completion of the bill draft, the Legislative Counsel shall deliver the
bill draft to the appropriate standing committee of the Assembly or
Senate within the first week of the next regular legislative session for
introduction.
2. In reviewing the issues of compensation required by subsection
1, the Commission shall:
(a) Compare the current salaries of persons with similar
qualifications who are employed by the State of Nevada and in the public
sector;
(b) Determine the minimum salary required to attract and retain
experienced and competent persons; and
(c) Consider the average number of days that Legislators serve
during their term, the amount of work required of Legislators when the
Legislature is not in regular session, and the opportunities they have to
earn additional income from outside sources.
3. The Commission may recommend that any increase in the
compensation of a county officer apply retroactively if not prohibited by
law.
(Added to NRS by 1993, 2634)
TRAVEL AND SUBSISTENCE FOR STATE OFFICERS AND EMPLOYEES
1. Except as otherwise provided in subsection 2 or 5, or by
specific statute, any district judge, state officer, state employee or
member of an advisory board supported in whole or in part by any public
money, whether the public money is received from the Federal Government
or any branch or agency thereof, or from private or any other sources, is
entitled to receive his expenses in the transaction of public business
outside of the municipality or other area in which his principal office
is located, to be paid at the rate of $84 for each 24-hour period during
which he is away from the office and within the State, and $26 in
addition to a reasonable room rate for each 24-hour period during which
he is outside of the State.
2. Any person enumerated in subsection 1 is entitled to receive
expenses for a period of less than 24 hours in accordance with
regulations of the State Board of Examiners conforming generally to those
rates.
3. Any person enumerated in subsection 1 is entitled to receive an
allowance for transportation in the transaction of public business,
whether within or outside of the municipality or other area in which his
principal office is located. Transportation must be by the most
economical means, considering total cost, time spent in transit and the
availability of state-owned automobiles and special use vehicles. The
State Board of Examiners, on or before July 1 of each year, shall
establish the rate of the allowance for travel by private conveyance. The
rate must equal the standard mileage reimbursement rate for which a
deduction is allowed for the purposes of federal income tax that is in
effect at the time the annual rate is established. If a private
conveyance is used for reasons of personal convenience in transaction of
state business, the allowance for travel is one-half the established rate.
4. The State Board of Examiners may establish a transportation
allowance for the use of private, special use vehicles on public business
by any person enumerated in subsection 1, whether within or outside of
the municipality or other area in which his principal office is located.
The allowance must be established at rates higher than the rates
established in subsection 3.
5. The State Board of Examiners may establish:
(a) A room rate in excess of the normal allowance for reimbursement
of employees who are required to travel on weekends to serve the needs of
the public. The Board may require the submission of receipts as a
condition of reimbursement at the special rate.
(b) Reasonable rates for expenses outside of the United States that
will allow a person to purchase the same quality of food as the domestic
rate allows.
6. The State Board of Examiners shall adopt regulations, and shall
require other state agencies to adopt regulations, in accordance with the
purpose of this section, and a state agency may, with the approval of the
State Board of Examiners, adopt a rate of reimbursement less than the
amounts specified in subsection 1 where unusual circumstances make that
rate desirable.
[1:17:1928; A 1953, 376; 1955, 381]—(NRS A 1959, 860; 1960, 297;
1961, 279; 1963, 143, 478, 1281; 1965, 289; 1967, 453; 1971, 593; 1973,
187, 369; 1975, 255; 1977, 793; 1979, 697; 1981, 1749; 1985, 390; 1987,
768; 1989, 1513; 1993, 2503; 1995, 894; 1997, 1231; 2001 Special Session,
263 , 264 )
All claims of district judges for
travel expenses and subsistence allowances must be submitted to the Court
Administrator in accordance with NRS 1.365 .
(Added to NRS by 1961, 401; A 1965, 53; 1989, 328)
1. A state agency, board or commission may pay for the travel,
subsistence and expenses of moving household furnishings and appliances
of an employee and his family if:
(a) The agency, board or commission transfers, for the convenience
of the State, an employee with permanent status from one location to
another for permanent assignment;
(b) The agency, board or commission accepts an employee who, for
the convenience of the State, changes his employment from another agency,
board or commission; or
(c) The employee:
(1) Was hired for a permanent position, whether classified
or unclassified, for which there is a critical need and which cannot
otherwise be filled; and
(2) Moved from a location which was at least 50 miles from
his new location.
2. If an employee who has been reimbursed pursuant to paragraph
(c) of subsection 1 voluntarily terminates his employment within 1 year
after beginning work, he must repay to the State the amount of the
reimbursement. The agency, board or commission may withhold from the
employee’s regular pay or final payment received upon the termination of
his employment, the amount of the repayment required by this subsection.
3. Maximum allowances for weight, travel and subsistence for the
employee and his family must be determined by regulations of the State
Board of Examiners.
4. All requests for payment pursuant to this section must be
submitted to the State Board of Examiners before obligations are
incurred. Upon approval by the State Board of Examiners, claims must be
submitted for payment in the same manner as other claims against the
state from money available to the agency, board or commission.
(Added to NRS by 1971, 509; A 1987, 402)
1. Except as otherwise provided in subsection 3, a state agency,
board or commission may pay for the travel and per diem expenses of the
three most highly rated applicants for a permanent position with that
agency, board or commission incurred while those applicants are being
interviewed for that position.
2. If such an applicant must travel from another state to be
interviewed, the expenses must be paid at the rate established by the
State Board of Examiners for state employees traveling outside the State.
If such an applicant must travel from within the State to be interviewed,
the expenses must be paid at the rate established by the State Board of
Examiners for state employees traveling within the State.
3. If the position is offered to one of the applicants and he does
not accept it, the agency, board or commission may not pay for that
applicant’s expenses.
4. All requests for payment pursuant to this section must be
submitted to the State Board of Examiners before obligations are
incurred. Upon approval by the State Board of Examiners, claims must be
submitted for payment in the same manner as other claims against the
State from money available to the agency, board or commission.
(Added to NRS by 1987, 402)
ADVANCES OF MONEY TO STATE OFFICERS AND EMPLOYEES FOR TRAVEL AND
SUBSISTENCE
1. The Account for Travel Advances is hereby created. Money in the
Account must be used by the State Treasurer to provide advance money to
state officers and employees for travel expenses and subsistence
allowances.
2. The State Treasurer shall deposit the money in the Account in a
bank or credit union qualified to receive deposits of public money, and
the deposit must be secured by collateral satisfactory to the State Board
of Examiners.
3. The State Treasurer or any of his officers or employees whom he
has designated for this purpose may sign all checks and warrants drawn
upon the Account.
(Added to NRS by 1959, 304; A 1961, 17; 1975, 167; 1979, 103; 1989,
311; 1999, 1466 )
1. Any state officer or employee may apply for advance money for
authorized travel expenses and subsistence allowances arising out of his
official duties or employment in the amounts as provided for in NRS
281.160 by filing a request with the
administrative head of the state office, department or agency by which he
is employed.
2. If the administrative head or his designee approves the
request, he shall process a voucher for a cash advance for travel in the
approved amount in the same manner as other claims against the State are
processed.
3. Unless otherwise approved by the Budget Division of the
Department of Administration before the travel occurs, all cash advances
for travel issued by the administrative head or his designee must be
charged to the budget account to which money was appropriated or
authorized for expenditure for the travel.
4. If the administrative head or his designee cannot process a
cash advance for travel because of a temporary budget restriction, the
administrative head or his designee may forward a copy of the request and
approval to the State Treasurer.
5. Upon receiving a copy of the request and approval from the
administrative head or his designee, the State Treasurer or one of his
officers or employees whom he has designated for the purpose may issue a
check or warrant drawn upon the Account for Travel Advances for the
amount of the advance requested.
(Added to NRS by 1959, 304; A 1960, 299; 1975, 167; 1979, 104;
1989, 311; 1997, 1288)
A cash advance for travel, when approved by the
administrative head or his designee or the State Treasurer, constitutes a
lien in favor of the State of Nevada upon the accrued wages of the
requesting officer or employee in an amount equal to the sum advanced,
but the administrative head or his designee or the State Treasurer may,
in his discretion, advance more than the amount of the accrued wages of
the officer or employee.
(Added to NRS by 1959, 304; A 1997, 1289)
1. Upon the return of the officer or employee, he is entitled to
receive any authorized expenses and subsistence allowances in excess of
the amount advanced, and a sum equal to the advance must be paid into the
account from which the advance was made.
2. If an advance is not repaid, the administrative head or his
designee or the State Treasurer may file a claim with the State Board of
Examiners for money to replenish the account from which the advance was
made. If the State Board approves the claim it must be paid from the
Reserve for Statutory Contingency Account.
3. If an officer or employee of an agency terminates his
employment after he receives a payment from the Account for Travel
Advances but before repayment to the Account, the State Treasurer may
collect from the agency the amount advanced.
(Added to NRS by 1959, 304; A 1983, 387, 1090; 1985, 62; 1989, 311;
1991, 1758; 1997, 1289)
When
an officer or employee receives a cash advance for travel from the State
Treasurer or uses a charge card issued at the request of the State for
cash advances or travel expenses, or both, and the receipt of his travel
reimbursement may be delayed more than 5 working days after the date of
the initial submission of the travel reimbursement claim, the
administrative head or his designee shall immediately issue to the
officer or employee, for payment to the State Treasurer or the issuer of
the charge card issued at the request of the State, a cash advance as
described in NRS 281.172 in the amount
of the cash advance made by the State Treasurer or the total travel
expenses charged on the charge card, whichever is applicable.
(Added to NRS by 1997, 1288)
The State Treasurer
may make reasonable rules and regulations to carry out the provisions of
NRS 281.171 to 281.175 , inclusive.
(Added to NRS by 1959, 304; A 1997, 1289)
RECORDS
1. Each person authorized by law to take the proof or
acknowledgment of the execution of conveyances of real property, or other
instrument required by law to be proved or acknowledged, shall keep a
record of all his official acts in relation thereto in a book to be
provided by him for that purpose. There shall be entered in the book:
(a) The date of the proof or acknowledgment thereof.
(b) The date of the instrument.
(c) The name or character of the instrument proved or acknowledged.
(d) The names of each of the parties thereto, as grantor, grantee
or otherwise.
Ê During business hours, the record shall be open to public inspection
without fee or reward.
2. Any person mentioned in subsection 1 who refuses or neglects to
comply with the requirements of this section shall:
(a) Be punished by a fine of not more than $500; and
(b) Be liable on his official bond in damages to any person injured
by such refusal or neglect to the extent of the injury sustained by
reason of the refusal or neglect mentioned in this subsection.
[1:32:1869; B § 315; BH § 2662; C § 2730; RL § 1098; NCL § 1559] +
[2:32:1869; B § 316; BH § 2663; C § 2731; RL § 1099; NCL § 1560]—(NRS A
1967, 548)
1. If an officer whose office is abolished by law, or who, after
the expiration of the term for which he is appointed or elected, or after
he has resigned, or when legally removed from office, willfully or
unlawfully withholds or detains from his successor, or other person
entitled thereto by law, the records, papers, documents or other writings
pertaining or belonging to his office, or mutilates, destroys or takes
away any such writing, the person so offending is guilty of a category D
felony and shall be punished as provided in NRS 193.130 .
2. The provisions of this section apply to any person who has the
records, documents, papers or other writings in his possession, and
willfully mutilates, withholds or detains them.
[63:108:1866; B § 2661; BH § 1698; C § 1844; RL § 2819; NCL §
4819]—(NRS A 1979, 1464; 1995, 1264)
USE OF COMPUTERS
1. Except as otherwise provided in subsection 3, a state agency
that accesses or causes to be accessed a computer of the state agency
that has been assigned or loaned by the state agency to an officer,
employee or contractor for his exclusive or routine use in carrying out
the duties of his position shall notify the officer, employee or
contractor of such access.
2. The notice of access required pursuant to subsection 1 must be
provided in a uniform and understandable format. The notice may be
provided before or after such access occurs, but not more than 48 hours
before or 48 hours after such access occurs.
3. The head of a state agency, any state officer to whom the head
of the state agency reports or the appointee or designee of either may
authorize the access of a computer of the state agency without providing
the notice of access otherwise required by subsections 1 and 2:
(a) If the access occurs during the course of:
(1) An internal investigation which is conducted within the
state agency by the personnel of the state agency as authorized by law
and any information concerning such access is kept in a file maintained
by the state agency pertaining to the investigation; or
(2) An investigation which is conducted by a state or
federal law enforcement agency.
(b) Except as otherwise provided in subsection 5, if the access
occurs in the course of regular or routine maintenance conducted by an
employee of the state agency whose duties include the regular or routine
maintenance of the computers of the state agency and the state agency has
adopted by regulation and implemented the procedure set forth in
subsection 4.
(c) If a state agency has adopted by regulation the procedure set
forth in subsection 4 and the access occurs after recording the
information required pursuant to subsection 4.
4. A state agency may adopt by regulation a procedure to record
access to computers of the state agency in a log maintained by the state
agency for that purpose. If a state agency adopts such a procedure, the
procedure must include, without limitation, a requirement for the
recording of the following information concerning the access in the log:
(a) The date on which the access will occur and, if known, the time
at which the access will occur on that date;
(b) As determined by the officer, appointee or designee who
authorizes the access, a reasonable explanation of the exigent
circumstances or other relevant considerations which justify accessing
the computer without the knowledge of the officer, employee or contractor
to whom the agency has assigned or loaned the computer;
(c) The name of each person who will be authorized or required to
perform the access;
(d) The name of each person who will be allowed to examine
information stored on the computer or retrieved from the computer; and
(e) The name of each person who will be authorized or required to
archive, maintain, store, transfer, transmit or destroy information
retrieved from the computer.
Ê The log described in this subsection, and any entries in that log, are
confidential and not public books or records within the meaning of NRS
239.010 , but must be disclosed upon the
lawful order of a court of competent jurisdiction.
5. If an employee discovers evidence of inappropriate use while
accessing a computer to perform regular or routine maintenance:
(a) The employee shall provide the details of the alleged
inappropriate use to the officer, appointee or designee who authorized
the access, and to any other appropriate personnel of the state agency;
and
(b) Information concerning the access must be recorded in the log
maintained by the state agency.
6. Each state agency that has adopted a policy for the use of the
computers of the state agency shall adopt policies and procedures for
responding to reports of the inappropriate use of those computers,
including, without limitation, provisions relating to the transfer,
transmission and destruction of information.
7. As used in this section:
(a) “Access” includes, without limitation, adding, copying,
deleting, manipulating or observing the files or other information stored
on a computer, whether such actions are carried out directly or remotely.
(b) “Inappropriate use” means the use of a computer of a state
agency in a manner that:
(1) If the state agency is an agency of the Executive Branch
of State Government, violates the written policy created by the agency
pursuant to NRS 242.300 .
(2) If the state agency is an agency of the Legislative or
Judicial Branch of State Government, violates the policy, if any,
established by that agency for the use of the computers of the agency.
(3) Violates any state or federal law.
(c) “State agency” means an agency, bureau, board, commission,
department, division or any other unit of the Executive, Legislative or
Judicial Branches of State Government.
(Added to NRS by 2005, 671 )
MISCELLANEOUS PROVISIONS AND PROHIBITIONS
[Effective through June 30, 2009.]
1. Except as otherwise provided in this section, it is unlawful
for any person acting as a school trustee, state, township, municipal or
county officer, or as an employing authority of the Nevada System of
Higher Education, any school district or of the State, any town, city or
county, or for any state or local board, agency or commission, elected or
appointed, to employ in any capacity on behalf of the State of Nevada, or
any county, township, municipality or school district thereof, or the
Nevada System of Higher Education, any relative of such a person or of
any member of such a board, agency or commission who is within the third
degree of consanguinity or affinity.
2. This section does not apply:
(a) To school districts, when the teacher or other school employee
is not related to more than one of the trustees or person who is an
employing authority by consanguinity or affinity and receives a unanimous
vote of all members of the board of trustees and approval by the
Department of Education.
(b) To school districts, when the teacher or other school employee
has been employed by an abolished school district or educational
district, which constitutes a part of the employing county school
district, and the county school district for 4 years or more before April
1, 1957.
(c) To the spouse of the warden of an institution or manager of a
facility of the Department of Corrections.
(d) To relatives of blind officers and employees of the Bureau of
Services to the Blind and Visually Impaired of the Rehabilitation
Division of the Department of Employment, Training and Rehabilitation
when those relatives are employed as automobile drivers for those
officers and employees.
(e) To relatives of a member of a town board of a town whose
population is less than 300.
3. Nothing in this section:
(a) Prevents any officer in this State, employed under a flat
salary, from employing any suitable person to assist in any such
employment, when the payment for the service is met out of the personal
money of the officer.
(b) Disqualifies any widow with a dependent as an employee of any
officer or board in this State, or any of its counties, townships,
municipalities or school districts.
4. A person employed contrary to the provisions of this section
must not be compensated for the employment.
5. Any person violating any provisions of this section is guilty
of a gross misdemeanor.
[1:75:1925; A 1927, 43; 1935, 172; 1951, 22] + [2:75:1925; NCL §
4852] + [3:75:1925; NCL § 4853]—(NRS A 1957, 704; 1960, 369; 1963, 1178;
1967, 549; 1969, 227; 1973, 563, 1406; 1975, 554; 1977, 870; 1989, 1958;
1993, 374, 1550; 1995, 579; 1997, 1171; 1999, 174 ; 2001 Special Session, 234 ; 2003, 289 , 306 , 1131 )
[Effective July 1, 2009.]
1. Except as otherwise provided in this section, it is unlawful
for any person acting as a school trustee, state, township, municipal or
county officer, or as an employing authority of the Nevada System of
Higher Education, any school district or of the State, any town, city or
county, or for any state or local board, agency or commission, elected or
appointed, to employ in any capacity on behalf of the State of Nevada, or
any county, township, municipality or school district thereof, or the
Nevada System of Higher Education, any relative of such a person or of
any member of such a board, agency or commission who is within the third
degree of consanguinity or affinity.
2. This section does not apply:
(a) To school districts, when the teacher or other school employee
is not related to more than one of the trustees or person who is an
employing authority by consanguinity or affinity and receives a unanimous
vote of all members of the board of trustees and approval by the
Department of Education.
(b) To school districts, when the teacher or other school employee
has been employed by an abolished school district or educational
district, which constitutes a part of the employing county school
district, and the county school district for 4 years or more before April
1, 1957.
(c) To the spouse of the warden of an institution or manager of a
facility of the Department of Corrections.
(d) To relatives of blind officers and employees of the Bureau of
Services to the Blind and Visually Impaired of the Rehabilitation
Division of the Department of Employment, Training and Rehabilitation
when those relatives are employed as automobile drivers for those
officers and employees.
3. Nothing in this section:
(a) Prevents any officer in this State, employed under a flat
salary, from employing any suitable person to assist in any such
employment, when the payment for the service is met out of the personal
money of the officer.
(b) Disqualifies any widow with a dependent as an employee of any
officer or board in this State, or any of its counties, townships,
municipalities or school districts.
4. A person employed contrary to the provisions of this section
must not be compensated for the employment.
5. Any person violating any provisions of this section is guilty
of a gross misdemeanor.
[1:75:1925; A 1927, 43; 1935, 172; 1951, 22] + [2:75:1925; NCL §
4852] + [3:75:1925; NCL § 4853]—(NRS A 1957, 704; 1960, 369; 1963, 1178;
1967, 549; 1969, 227; 1973, 563, 1406; 1975, 554; 1977, 870; 1989, 1958;
1993, 374, 1550; 1995, 579; 1997, 1171; 1999, 174 ; 2001 Special Session, 234 , 235 ; 2003, 289 , 306 , 1131 , 1132 , effective July 1, 2009)
1. Except as otherwise provided in this section, it is unlawful
for any state officer who is not a member of the Legislature to:
(a) Become a contractor under any contract or order for supplies or
other kind of contract authorized by or for the State or any of its
departments, or the Legislature or either of its houses, or to be
interested, directly or indirectly, as principal, in any kind of contract
so authorized.
(b) Be interested in any contract made by him or to be a purchaser
or interested in any purchase under a sale made by him in the discharge
of his official duties.
2. Any member of any board, commission or similar body who is
engaged in the profession, occupation or business regulated by the board,
commission or body may supply or contract to supply, in the ordinary
course of his business, goods, materials or services to any state or
local agency, except the board or commission of which he is a member, if
he has not taken part in developing the contract plans or specifications
and he will not be personally involved in opening, considering or
accepting offers.
3. A full- or part-time faculty member in the Nevada System of
Higher Education may bid on or enter into a contract with a governmental
agency, or may benefit financially or otherwise from a contract between a
governmental agency and a private entity, if the contract complies with
the policies established by the Board of Regents of the University of
Nevada pursuant to NRS 396.255 .
4. A state officer, other than an officer described in subsection
2 or 3, may bid on or enter into a contract with a governmental agency if
the contracting process is controlled by rules of open competitive
bidding, the sources of supply are limited, he has not taken part in
developing the contract plans or specifications and he will not be
personally involved in opening, considering or accepting offers.
5. Any contract made in violation of this section may be declared
void at the instance of the State or of any other person interested in
the contract except an officer prohibited from making or being interested
in the contract.
6. Any person violating this section is guilty of a gross
misdemeanor and shall forfeit his office.
(Added to NRS by 1977, 1109; A 1993, 2241; 1995, 689; 2001, 1627
)
1. Except as otherwise provided in this section and NRS 218.605
, 281.555 and 332.800 ,
the following persons shall not, in any manner, directly or indirectly,
receive any commission, personal profit or compensation of any kind
resulting from any contract or other significant transaction in which the
employing state, county, municipality, township, district or
quasi-municipal corporation is in any way directly interested or affected:
(a) State, county, municipal, district and township officers of the
State of Nevada;
(b) Deputies and employees of state, county, municipal, district
and township officers; and
(c) Officers and employees of quasi-municipal corporations.
2. A member of any board, commission or similar body who is
engaged in the profession, occupation or business regulated by the board,
commission or body may, in the ordinary course of his business, bid on or
enter into a contract with any governmental agency, except the board or
commission of which he is a member, if he has not taken part in
developing the contract plans or specifications and he will not be
personally involved in opening, considering or accepting offers.
3. A full- or part-time faculty member or employee of the Nevada
System of Higher Education may bid on or enter into a contract with a
governmental agency, or may benefit financially or otherwise from a
contract between a governmental agency and a private entity, if the
contract complies with the policies established by the Board of Regents
of the University of Nevada pursuant to NRS 396.255 .
4. A public officer or employee, other than an officer or employee
described in subsection 2 or 3, may bid on or enter into a contract with
a governmental agency if the contracting process is controlled by rules
of open competitive bidding, the sources of supply are limited, he has
not taken part in developing the contract plans or specifications and he
will not be personally involved in opening, considering or accepting
offers. If a public officer who is authorized to bid on or enter into a
contract with a governmental agency pursuant to this subsection is a
member of the governing body of the agency, the public officer, pursuant
to the requirements of NRS 281.501 ,
shall disclose his interest in the contract and shall not vote on or
advocate the approval of the contract.
5. A person who violates any of the provisions of this section
shall be punished as provided in NRS 197.230 and:
(a) Where the commission, personal profit or compensation is $250
or more, for a category D felony as provided in NRS 193.130 .
(b) Where the commission, personal profit or compensation is less
than $250, for a misdemeanor.
6. A person who violates the provisions of this section shall pay
any commission, personal profit or compensation resulting from the
contract or transaction to the employing state, county, municipality,
township, district or quasi-municipal corporation as restitution.
[1:107:1927; NCL § 4855] + [2:107:1927; NCL § 4856] + [3:107:1927;
NCL § 4857]—(NRS A 1957, 363; 1963, 477; 1965, 410; 1967, 550; 1975, 932;
1977, 1110; 1979, 1464; 1987, 1460; 1989, 1441; 1991, 1593; 1993, 2242;
1995, 689, 1264; 2001, 1628 , 2287 ; 2003, 160 , 892 )
1. A public utility or parent organization or subsidiary of a
public utility shall not employ a former member of the Public Utilities
Commission of Nevada for 1 year after the termination of his service on
the Commission.
2. A person who holds a license issued pursuant to chapter 463
or 464 of NRS or who is required to register with the Nevada Gaming
Commission pursuant to chapter 463 of NRS shall not employ a former member of the State Gaming Control
Board or the Nevada Gaming Commission for 1 year after the termination of
the member’s service on the Board or Commission.
3. In addition to the prohibitions set forth in subsections 1 and
2, a business or industry whose activities are governed by regulations
adopted by a department, division or other agency of the Executive Branch
of government shall not, except as otherwise provided in subsection 4,
employ a former public officer or employee of the agency, except a
clerical employee, for 1 year after the termination of his service or
period of employment if:
(a) His principal duties included the formulation of policy
contained in the regulations governing the business or industry;
(b) During the immediately preceding year he directly performed
activities, or controlled or influenced an audit, decision, investigation
or other action, which significantly affected the business or industry
which might, but for this section, employ him; or
(c) As a result of his governmental service or employment, he
possesses knowledge of the trade secrets of a direct business competitor.
4. A public officer or employee may request the Commission on
Ethics to apply the relevant facts in his case to the provisions of
subsection 3 and determine whether relief from the strict application of
the provisions is proper. If the Commission on Ethics determines that
relief from the strict application of the provisions of subsection 3 is
not contrary to:
(a) The best interests of the public;
(b) The continued integrity of state government; and
(c) The code of ethical standards prescribed in NRS 281.481 ,
Ê it may issue an opinion to that effect and grant such relief. The
opinion of the Commission on Ethics in such a case is subject to judicial
review.
5. As used in this section, “regulation” has the meaning ascribed
to it in NRS 233B.038 .
(Added to NRS by 1987, 570; A 1993, 2496; 1997, 1986; 2001, 2288
)
1. Every person holding or exercising any office under the laws or
constitution of this state, who shall, for any reward or gratuity paid,
or agreed to be paid, grant to another the right or authority to
discharge any of the duties of such office (except his lawful deputies),
shall be punished by a fine not exceeding $5,000, and shall be removed
from office.
2. Every person who shall give, or make any agreement to give, any
reward or gratuity in consideration of such grant or authority, shall be
punished by a fine of not more than $5,000.
[69:108:1866; B § 2667; BH § 1704; C § 1850; RL § 2822; NCL §
4822]—(NRS A 1967, 551)
Every officer authorized to take testimony or to decide upon the
evidence in any proceeding shall have power to administer oaths or
affirmations.
[Part 1911 CPA § 541; RL § 5483; NCL § 9030]
1. No officer shall be allowed to charge or receive any fee or
compensation whatever for the return written upon any summons, subpoena,
writ of attachment, execution, order of sale or other paper. Any officer
violating the terms of this subsection shall be fined not more than $500,
and shall be removed from office.
2. Where mileage is chargeable it shall be for the actual distance
traveled, and every fraction of a mile shall be computed as a mile. Where
mileage is chargeable by a sheriff, it shall be computed as provided in
NRS 248.400 .
[38:49:1883; BH § 2379; C § 2503; RL § 2040; NCL § 2971] + [Part
39:49:1883; BH § 2380; C § 2504; RL § 2041; NCL § 2972]—(NRS A 1967, 551)
If any officer
bound to preserve the public peace shall have knowledge of an intention,
on the part of any two persons, to fight with a deadly weapon or weapons,
and such officer shall not use and exert his official authority to arrest
the persons and prevent the deed, every such officer shall be fined in a
sum not exceeding $1,000.
[Part 70:108:1866; B § 2668; BH § 1705; C § 1851; RL § 2823; NCL §
4823]
If any officer shall willfully refuse
to receive or arrest any person charged with a criminal offense, such
officer is guilty of a gross misdemeanor and shall be removed from office.
[Part 67:108:1866; B § 2665; BH § 1702; C § 1848; RL § 2820; NCL §
4820]—(NRS A 1967, 551)
1. When a public officer authorized to execute process finds or
has reason to apprehend that resistance will be made to the execution of
his process, he may command as many inhabitants of his county as he
thinks proper, and may call upon the Governor for military aid in the
manner provided by law, to assist him in overcoming the resistance, and,
if necessary, in seizing, arresting and confining the resisters and their
aiders and abettors, to be punished according to law.
2. The officer shall certify, to the court from which the process
issued, the names of the resisters and their aiders and abettors, to the
end that they be proceeded against for their contempt of court.
[Part 83:108:1866; B § 2681; BH § 1718; C § 1864; RL § 2833; NCL §
4833] + [84:108:1866; B § 2682; BH § 1719; C § 1865; RL § 2834; NCL §
4834]—(NRS A 1967, 1341; 1981, 461)
In all cases where officers are
called upon to audit and allow the accounts of state officers, they shall
take and file affidavits of the officers that they have not violated any
of the provisions of law. For that purpose all officers, authorized by
law to audit and allow accounts, are empowered and required to administer
oaths and affirmations, which shall have the same force and validity in
all actions for perjury as if administered by a judicial officer.
[Part 97:108:1866; B § 2695; BH § 1732; C § 1878; RL § 2844; NCL §
4844]
Any officer charged with the disbursement of any public
moneys or any evidence of public indebtedness, when informed by affidavit
of the violation of any provisions of law by any officer whose account is
to be settled, audited or paid by him, shall withhold any settlement or
payment of the same and cause the officer to be prosecuted.
[Part 100:108:1866; B § 2698; BH § 1735; C § 1881; RL § 2847; NCL §
4847]
It shall be sufficient cause for the dismissal of
any public employee when such public employee advocates or is a member of
an organization which advocates overthrow of the Government of the United
States or of the State by force, violence or other unlawful means.
[Part 1:20:1955]
Every person who shall obtain appointment to any office or
place of trust by color or aid of any false or forged letter or
certificate of recommendation shall be guilty of a misdemeanor.
[Part 1911 C&P § 522; RL § 6787; NCL § 10468]
Every public officer or public employee who shall ask or receive,
directly or indirectly, any compensation, gratuity or reward, or any
promise thereof, upon any agreement or understanding that he shall act in
any particular manner in connection with his official duties or the
public service; or who, being authorized to purchase or contract for
materials, supplies or other articles or to employ servants or labor for
the State or any county or municipality, or for the public service, shall
ask or receive, directly or indirectly, for himself or another, a
commission, percentage, discount, bonus or promise thereof from any
person with whom he may deal in relation to such matters, shall be guilty
of a gross misdemeanor.
[Part 1911 C&P § 521; RL § 6786; NCL § 10467]—(NRS A 1963, 17)
Whenever any duty is enjoined by law upon any public officer or
other person holding any public trust or employment, their willful
neglect to perform such duty, except where otherwise specifically
provided for, shall be a misdemeanor.
[1911 C&P § 24; RL § 6289; NCL § 9973]
1. All personnel actions taken by state, county or municipal
departments, housing authorities, agencies, boards or appointing officers
thereof must be based solely on merit and fitness.
2. State, county or municipal departments, housing authorities,
agencies, boards or appointing officers thereof shall not refuse to hire
a person, discharge or bar any person from employment or discriminate
against any person in compensation or in other terms or conditions of
employment because of his race, creed, color, national origin, sex,
sexual orientation, age, political affiliation or disability, except when
based upon a bona fide occupational qualification.
3. As used in this section:
(a) “Disability” means, with respect to a person:
(1) A physical or mental impairment that substantially
limits one or more of the major life activities of the person;
(2) A record of such an impairment; or
(3) Being regarded as having such an impairment.
(b) “Sexual orientation” means having or being perceived as having
an orientation for heterosexuality, homosexuality or bisexuality.
(Added to NRS by 1959, 137; A 1973, 980; 1985, 1561; 1987, 2266;
1991, 1021; 1995, 814; 1999, 1941 )
Every application form for employment with the State of
Nevada, any of its political subdivisions or any agency of the State must
indicate that volunteer work relevant to the position applied for is
considered in the evaluation of the applicant’s qualifications for
employment and must provide space for the applicant to list any volunteer
work he considers appropriate.
(Added to NRS by 1981, 350)
If
any business, institution or member of a profession or calling has kept
or recorded any memorandum, writing, entry, print, representation or
combination thereof, of any act, transaction, occurrence or event and has
caused any or all of such records to be recorded, copied or reproduced by
any photographic, photostatic, microfilm, microcard, miniature
photographic, or other process which accurately reproduces or forms a
durable medium for so reproducing the original, such reproduction shall
be accepted by all public officers and employees for examination, filing,
copying or any other purpose as if it were the original, whether or not
the original is then in existence.
(Added to NRS by 1963, 523)
1. When any public employee is eligible at the same time for
benefits for temporary total disability pursuant to chapters 616A to 616D , inclusive, or 617 of NRS and for any sick leave benefit, he may, by giving notice to
his employer, elect to continue to receive his normal salary instead of
the benefits pursuant to those chapters until his accrued sick leave time
is exhausted. The employer shall notify the insurer that provides
industrial insurance for that employer of the election. The employer
shall continue to pay the employee his normal salary but charge against
the employee’s accrued sick leave time as taken during the pay period an
amount which represents the difference between his normal salary and the
amount of any benefit for temporary total disability received, exclusive
of reimbursement or payment of medical or hospital expenses pursuant to
chapters 616A to 616D , inclusive, or 617 of NRS for that pay period.
2. When the employee’s accrued sick leave time is exhausted,
payment of his normal salary pursuant to subsection 1 must be
discontinued and the employer shall promptly notify the insurer that
provides industrial insurance for that employer so that it may begin
paying the benefits to which the employee is entitled directly to the
employee.
3. An employee who declines to make the election provided in
subsection 1, may use all or part of the sick leave benefit normally
payable to him while directly receiving benefits for temporary total
disability pursuant to chapters 616A to 616D , inclusive, or 617 of NRS, but the amount of sick leave benefit paid to the employee
for any pay period must not exceed the difference between his normal
salary and the amount of any benefit received, exclusive of reimbursement
or payment of medical or hospital expenses pursuant to those chapters for
that pay period.
4. If the amount of the employee’s sick leave benefit is reduced
pursuant to subsection 3 below the amount normally payable, the amount of
sick leave time charged against the employee as taken during that pay
period must be reduced in the same proportion.
5. The public employee may decline to use any or part of the sick
leave benefit normally payable to him while receiving benefits pursuant
to chapters 616A to 616D , inclusive, or 617 of NRS. During that time, the employee must be considered on leave
of absence without pay.
(Added to NRS by 1969, 439; A 1975, 205; 1981, 497, 1538; 1995,
2042; 1999, 1814 )
No officer or employee of the State
or any county, city or district who is concerned with the administration
of any program for the aged, blind or disabled shall, in his official
capacity, attempt to coerce or coerce any aged, blind or disabled person
to join or refrain from joining any organization of the aged, blind or
disabled.
(Added to NRS by 1971, 174)
1. Any lien which is filed or otherwise claimed against a public
officer or employee which is based on the performance of or failure to
perform a duty relating to his office or employment is invalid unless the
filing of the lien is authorized by a specific statute or by an order of
a court of competent jurisdiction.
2. As used in this section, “lien” means an encumbrance on
property which is used as security for the payment of a debt.
(Added to NRS by 1997, 72)
ETHICS IN GOVERNMENT
General Provisions
NRS 281.411 to 281.581 ,
inclusive, may be cited as the Nevada Ethics in Government Law.
(Added to NRS by 1977, 1103; A 1995, 2443; 2003, 2662 , 3019 )
1. It is hereby declared to be the public policy of this State
that:
(a) A public office is a public trust and shall be held for the
sole benefit of the people.
(b) A public officer or employee must commit himself to avoid
conflicts between his private interests and those of the general public
whom he serves.
2. The Legislature finds that:
(a) The increasing complexity of state and local government, more
and more closely related to private life and enterprise, enlarges the
potentiality for conflict of interests.
(b) To enhance the people’s faith in the integrity and impartiality
of public officers and employees, adequate guidelines are required to
show the appropriate separation between the roles of persons who are both
public servants and private citizens.
(c) Members of the Legislature serve as “citizen Legislators” who
have other occupations and business interests. Each Legislator has
particular philosophies and perspectives that are necessarily influenced
by the life experiences of that Legislator, including, without
limitation, professional, family and business experiences. Our system
assumes that Legislators will contribute those philosophies and
perspectives to the debate over issues with which the Legislature is
confronted. The law concerning ethics in government is not intended to
require a member of the Legislature to abstain on issues which might
affect his interests, provided those interests are properly disclosed and
that the benefit or detriment accruing to him is not greater than that
accruing to any other member of the general business, profession,
occupation or group.
(Added to NRS by 1977, 1103; A 1999, 2730 )
As used in NRS 281.411 to 281.581 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 281.432 to 281.4375
, inclusive, have the meanings ascribed
to them in those sections.
(Added to NRS by 1977, 1103; A 1985, 1216, 2122; 1987, 385; 1991,
1594; 1997, 256; 1999, 2731 ; 2003, 926 , 3385 ; 2003, 20th Special Session, 263 ; 2005, 2556 )
“Business entity” means
any proprietorship, partnership, corporation or other enterprise doing
business in the State of Nevada.
(Added to NRS by 1985, 2120)
“Candidate” means any person:
1. Who files a declaration of candidacy;
2. Who files an acceptance of candidacy; or
3. Whose name appears on an official ballot at any election.
(Added to NRS by 1991, 1591; A 1993, 265; 2001, 1955 )
“Commission” means the
Commission on Ethics.
(Added to NRS by 1985, 2120)
“Compensation” means any
money, thing of value or economic benefit conferred on or received by any
person in return for services rendered, personally or by another.
(Added to NRS by 1991, 1591)
The making of a “decision” is the
exercise of governmental power to adopt laws, regulations or standards,
render quasi-judicial decisions, establish executive policy or determine
questions involving substantial discretion. The term does not include the
functions of the judiciary.
(Added to NRS by 1985, 2121)
“Executive Director”
means the Executive Director appointed by the Commission pursuant to NRS
281.463 .
(Added to NRS by 1999, 2728 )
“Household” means an association
of persons who live in the same home or dwelling, sharing its expenses,
and who are related by blood, adoption or marriage.
(Added to NRS by 1985, 2121)
“Legislative
function” means introducing or voting upon any ordinance or resolution,
or voting upon:
1. The appropriation of public money;
2. The issuance of a license or permit; or
3. Any proposed subdivision of land or special exception or
variance from zoning regulations.
(Added to NRS by 1985, 2121)
“Member of
the executive branch” means any public officer who is not a member of the
legislative branch.
(Added to NRS by 1985, 2121)
“Member
of the legislative branch” means any member of the Legislature or any
member of a board of county commissioners or governing body of a city or
other political subdivision who performs a legislative function.
(Added to NRS by 1985, 2121)
“Panel” means the panel appointed
by the Commission pursuant to NRS 281.462 .
(Added to NRS by 1999, 2728 )
“Public employee” means
any person who performs public duties under the direction and control of
a public officer for compensation paid by the State, a county or an
incorporated city.
(Added to NRS by 1985, 2121)
1. “Public officer” means a person elected or appointed to a
position which is established by the Constitution of the State of Nevada,
a statute of this State or an ordinance of any of its counties or
incorporated cities and which involves the exercise of a public power,
trust or duty. As used in this section, “the exercise of a public power,
trust or duty” means:
(a) Actions taken in an official capacity which involve a
substantial and material exercise of administrative discretion in the
formulation of public policy;
(b) The expenditure of public money; and
(c) The administration of laws and rules of the State, a county or
a city.
2. “Public officer” does not include:
(a) Any justice, judge or other officer of the court system;
(b) Any member of a board, commission or other body whose function
is advisory;
(c) Any member of a board of trustees for a general improvement
district or special district whose official duties do not include the
formulation of a budget for the district or the authorization of the
expenditure of the district’s money; or
(d) A county health officer appointed pursuant to NRS 439.290
.
3. “Public office” does not include an office held by:
(a) Any justice, judge or other officer of the court system;
(b) Any member of a board, commission or other body whose function
is advisory;
(c) Any member of a board of trustees for a general improvement
district or special district whose official duties do not include the
formulation of a budget for the district or the authorization of the
expenditure of the district’s money; or
(d) A county health officer appointed pursuant to NRS 439.290
.
(Added to NRS by 1985, 2121; A 1987, 2093; 1999, 883 ; 2001, 658 , 1955 , 2288 ; 2003, 116 ; 2005, 2302 )
“Willful violation”
means the public officer or employee knew or reasonably should have known
that his conduct violated this chapter.
(Added to NRS by 1999, 2728 )
Commission on Ethics
1. The Commission on Ethics, consisting of eight members, is
hereby created.
2. The Legislative Commission shall appoint to the Commission four
residents of the State, at least two of whom are former public officers,
and at least one of whom must be an attorney licensed to practice law in
this State.
3. The Governor shall appoint to the Commission four residents of
the State, at least two of whom must be former public officers or public
employees, and at least one of whom must be an attorney licensed to
practice law in this State.
4. Not more than four members of the Commission may be members of
the same political party. Not more than four members may be residents of
the same county.
5. None of the members of the Commission may:
(a) Hold another public office;
(b) Be actively involved in the work of any political party or
political campaign; or
(c) Communicate directly with a member of the Legislative Branch on
behalf of someone other than himself or the Commission, for compensation,
to influence legislative action,
Ê while he is serving on the Commission.
6. After the initial terms, the terms of the members are 4 years.
Any vacancy in the membership must be filled by the appropriate
appointing authority for the unexpired term. Each member may serve no
more than two consecutive full terms.
(Added to NRS by 1985, 2121; A 1991, 1594; 1999, 2731 )
1. The Commission shall:
(a) At its first meeting and annually thereafter elect a Chairman
and Vice Chairman from among its members.
(b) Meet regularly at least once in each calendar quarter, unless
there are no requests made for an opinion pursuant to NRS 281.511 , and at other times upon the call of the
Chairman.
2. Members of the Commission are entitled to receive a salary of
not more than $80 per day, as fixed by the Commission, while engaged in
the business of the Commission.
3. While engaged in the business of the Commission, each member
and employee of the Commission is entitled to receive the per diem
allowance and travel expenses provided for state officers and employees
generally.
4. The Commission may, within the limits of legislative
appropriation, maintain such facilities as are required to carry out its
functions.
(Added to NRS by 1977, 1105; A 1981, 1979; 1983, 1440; 1985, 391,
2123; 1987, 2094; 1989, 1709; 1991, 1594; 1997, 256; 1999, 2732 ; 2005, 2278 )
1. The Chairman shall appoint one or more panels of two members of
the Commission on a rotating basis to review the determinations of just
and sufficient cause made by the Executive Director pursuant to NRS
281.511 and make a final determination
regarding whether just and sufficient cause exists for the Commission to
render an opinion.
2. The Chairman and Vice Chairman of the Commission may not serve
together on a panel.
3. The members of a panel may not be members of the same political
party.
4. If a panel finds just and sufficient cause for the Commission
to render an opinion in a matter, the members of the panel shall not
participate in any further proceedings of the Commission relating to that
matter.
(Added to NRS by 1999, 2730 )
1. The Commission shall appoint, within the limits of legislative
appropriation, an Executive Director who shall perform the duties set
forth in this chapter and such other duties as may be prescribed by the
Commission.
2. The Executive Director must have experience in administration,
law enforcement, investigations or law.
3. The Executive Director is in the unclassified service of the
State.
4. The Executive Director shall devote his entire time and
attention to the business of the Commission and shall not pursue any
other business or occupation or hold any other office of profit that
detracts from the full and timely performance of his duties.
5. The Executive Director may not:
(a) Be actively involved in the work of any political party or
political campaign; or
(b) Communicate directly or indirectly with a member of the
Legislative Branch on behalf of someone other than himself to influence
legislative action, except in pursuit of the business of the Commission.
(Added to NRS by 1999, 2728 )
1. In addition to any other duties imposed upon him, the Executive
Director shall:
(a) Maintain complete and accurate records of all transactions and
proceedings of the Commission.
(b) Receive requests for opinions pursuant to NRS 281.511 .
(c) Gather information and conduct investigations regarding
requests for opinions received by the Commission and submit
recommendations to the panel appointed pursuant to NRS 281.462 regarding whether there is just and sufficient
cause to render an opinion in response to a particular request.
(d) Recommend to the Commission any regulations or legislation that
he considers desirable or necessary to improve the operation of the
Commission and maintain high standards of ethical conduct in government.
(e) Upon the request of any public officer or the employer of a
public employee, conduct training on the requirements of this chapter,
the rules and regulations adopted by the Commission and previous opinions
of the Commission. In any such training, the Executive Director shall
emphasize that he is not a member of the Commission and that only the
Commission may issue opinions concerning the application of the statutory
ethical standards to any given set of facts and circumstances. The
Commission may charge a reasonable fee to cover the costs of training
provided by the Executive Director pursuant to this subsection.
(f) Perform such other duties, not inconsistent with law, as may be
required by the Commission.
2. The Executive Director shall, within the limits of legislative
appropriation, employ such persons as are necessary to carry out any of
his duties relating to:
(a) The administration of the affairs of the Commission;
(b) The review of statements of financial disclosure; and
(c) The investigation of matters under the jurisdiction of the
Commission.
(Added to NRS by 1999, 2729 ; A 2003, 3385 ; 2005, 2278 )
1. The Commission shall appoint, within the limits of legislative
appropriation, a Commission Counsel who shall perform the duties set
forth in this chapter and such other duties as may be prescribed by the
Commission.
2. The Commission Counsel must be an attorney who is licensed to
practice law in this State.
3. The Commission Counsel is in the unclassified service of the
State.
4. The Commission Counsel shall devote his entire time and
attention to the business of the Commission and shall not pursue any
other business or occupation or hold any other office of profit that
detracts from the full and timely performance of his duties.
5. The Commission Counsel may not:
(a) Be actively involved in the work of any political party or
political campaign; or
(b) Communicate directly or indirectly with a member of the
legislative branch on behalf of someone other than himself to influence
legislative action, except in pursuit of the business of the Commission.
(Added to NRS by 1999, 2729 ; A 2001, 568 )
1. The Commission Counsel is the legal adviser to the Commission.
For each opinion of the Commission, the Commission Counsel shall prepare,
at the direction of the Commission, the appropriate findings of fact and
conclusions as to relevant standards and the propriety of particular
conduct within the time set forth in subsection 4 of NRS 281.511 . The Commission Counsel shall not issue
written opinions concerning the applicability of the statutory ethical
standards to a given set of facts and circumstances except as directed by
the Commission.
2. The Commission may rely upon the legal advice of the Commission
Counsel in conducting its daily operations.
3. If the Commission Counsel is prohibited from acting on a
particular matter or is otherwise unable to act on a particular matter,
the Commission may:
(a) Request that the Attorney General appoint a deputy to act in
the place of the Commission Counsel; or
(b) Employ outside legal counsel.
(Added to NRS by 1977, 1107; A 1985, 2126; 1999, 2743 ; 2005, 1577 )
1. Each county whose population is more than 10,000 and each city
whose population is more than 10,000 and that is located within such a
county shall pay an assessment for the costs incurred by the Commission
each biennium in carrying out its functions pursuant to NRS 281.411
to 281.581 , inclusive. The total amount of money to be
derived from assessments paid pursuant to this subsection for a biennium
must be determined by the Legislature in the legislatively approved
budget of the Commission for that biennium. The assessments must be
apportioned among each such city and county based on the proportion that
the total population of the city or the total population of the
unincorporated area of the county bears to the total population of all
such cities and the unincorporated areas of all such counties in this
State.
2. On or before July 1 of each odd-numbered year, the Executive
Director shall, in consultation with the Budget Division of the
Department of Administration and the Fiscal Analysis Division of the
Legislative Counsel Bureau, determine for the next ensuing biennium the
amount of the assessments due for each city and county that is required
to pay an assessment pursuant to subsection 1. The assessments must be
paid to the Commission in semiannual installments that are due on or
before August 1 and February 1 of each year of the biennium. The
Executive Director shall send out a billing statement to each such city
or county which states the amount of the semiannual installment payment
due from the city or county.
3. Any money that the Commission receives pursuant to subsection 2:
(a) Must be deposited in the State Treasury, accounted for
separately in the State General Fund and credited to the budget account
for the Commission;
(b) May only be used to carry out NRS 281.411 to 281.581 ,
inclusive, and only to the extent authorized for expenditure by the
Legislature; and
(c) Does not revert to the State General Fund at the end of any
fiscal year.
4. If any installment payment is not paid on or before the date on
which it is due, the Executive Director shall make reasonable efforts to
collect the delinquent payment. If the Executive Director is not able to
collect the arrearage, he shall submit a claim for the amount of the
unpaid installment payment to the Department of Taxation. If the
Department of Taxation receives such a claim, the Department shall deduct
the amount of the claim from money that would otherwise be allocated from
the Local Government Tax Distribution Account to the city or county that
owes the installment payment and shall transfer that amount to the
Commission.
5. As used in this section, “population” means the current
population estimate for that city or county as determined and published
by the Department of Taxation and the demographer employed pursuant to
NRS 360.283 .
(Added to NRS by 2003, 2661 )
1. The Commission has jurisdiction to investigate and take
appropriate action regarding an alleged violation of this chapter by a
public officer or employee or former public officer or employee in any
proceeding commenced by:
(a) The filing of a request for an opinion with the Commission; or
(b) The Commission on its own motion.
2. The provisions of subsection 1 apply to a public officer or
employee who:
(a) Currently holds public office or is publicly employed at the
commencement of proceedings against him.
(b) Resigns or otherwise leaves his public office or employment:
(1) After the commencement of proceedings against him; or
(2) Within 1 year after the alleged violation or reasonable
discovery of the alleged violation.
(Added to NRS by 1995, 2443; A 1997, 256; 1999, 2732 ; 2005, 2279 )
The
Commission shall:
1. Adopt procedural regulations:
(a) To facilitate the receipt of inquiries by the Commission;
(b) For the filing of a request for an opinion with the Commission;
(c) For the withdrawal of a request for an opinion by the person
who filed the request; and
(d) To facilitate the prompt rendition of opinions by the
Commission.
2. Prescribe, by regulation, forms for the submission of
statements of financial disclosure and procedures for the submission of
statements of financial disclosure filed pursuant to NRS 281.559 and forms and procedures for the submission of
statements of acknowledgment filed by public officers pursuant to NRS
281.552 , maintain files of such
statements and make the statements available for public inspection.
3. Cause the making of such investigations as are reasonable and
necessary for the rendition of its opinions pursuant to this chapter.
4. Except as otherwise provided in NRS 281.559 , inform the Attorney General or district
attorney of all cases of noncompliance with the requirements of this
chapter.
5. Recommend to the Legislature such further legislation as the
Commission considers desirable or necessary to promote and maintain high
standards of ethical conduct in government.
6. Publish a manual for the use of public officers and employees
that contains:
(a) Hypothetical opinions which are abstracted from opinions
rendered pursuant to subsection 1 of NRS 281.511 , for the future guidance of all persons
concerned with ethical standards in government;
(b) Abstracts of selected opinions rendered pursuant to subsection
2 of NRS 281.511 ; and
(c) An abstract of the requirements of this chapter.
Ê The Legislative Counsel shall prepare annotations to this chapter for
inclusion in the Nevada Revised Statutes based on the abstracts and
published opinions of the Commission.
(Added to NRS by 1977, 1105; A 1985, 2124; 1991, 1595; 1999, 2732
; 2003, 3019 , 3386 ; 2003, 20th Special Session, 265 )
1. The Chairman and Vice Chairman of the Commission may administer
oaths.
2. The Commission, upon majority vote, may issue a subpoena to
compel the attendance of a witness and the production of books and
papers. Upon the request of the Executive Director or the public officer
or public employee who is the subject of a request for an opinion, the
Chairman or, in his absence, the Vice Chairman, may issue a subpoena to
compel the attendance of a witness and the production of books and papers.
3. Before issuing a subpoena to a public officer or public
employee who is the subject of a request for an opinion, the Executive
Director shall submit a written request to the public officer or public
employee requesting:
(a) His appearance as a witness; or
(b) His production of any books and papers relating to the request
for an opinion.
4. Each written request submitted by the Executive Director
pursuant to subsection 3 must specify the time and place for the
attendance of the public officer or public employee or the production of
any books and papers, and designate with certainty the books and papers
requested, if any. If the public officer or public employee fails or
refuses to attend at the time and place specified or produce the books
and papers requested by the Executive Director within 5 business days
after receipt of the request, the Chairman may issue the subpoena.
Failure of the public officer or public employee to comply with the
written request of the Executive Director shall be deemed a waiver by the
public officer or public employee of the time set forth in subsections 3
and 4 of NRS 281.511 .
5. If any witness refuses to attend, testify or produce any books
and papers as required by the subpoena, the Chairman of the Commission
may report to the district court by petition, setting forth that:
(a) Due notice has been given of the time and place of attendance
of the witness or the production of the books and papers;
(b) The witness has been subpoenaed by the Commission pursuant to
this section; and
(c) The witness has failed or refused to attend or produce the
books and papers required by the subpoena before the Commission, or has
refused to answer questions propounded to him, and asking for an order of
the court compelling the witness to attend and testify or produce the
books and papers before the Commission.
6. Upon such a petition, the court shall enter an order directing
the witness to appear before the court at a time and place to be fixed by
the court in its order, the time to be not more than 10 days after the
date of the order, and then and there show cause why he has not attended,
testified or produced the books or papers before the Commission. A
certified copy of the order must be served upon the witness.
7. If it appears to the court that the subpoena was regularly
issued by the Commission, the court shall enter an order that the witness
appear before the Commission, at the time and place fixed in the order,
and testify or produce the required books and papers. Upon failure to
obey the order, the witness must be dealt with as for contempt of court.
(Added to NRS by 1991, 1591; A 1997, 257; 1999, 2733 ; 2003, 3387 ; 2005, 2279 )
Repealed. (See chapter 469, Statutes of Nevada 2005, at
page 2282 .)
Code of Ethical Standards
A code of ethical
standards is hereby established to govern the conduct of public officers
and employees:
1. A public officer or employee shall not seek or accept any gift,
service, favor, employment, engagement, emolument or economic opportunity
which would tend improperly to influence a reasonable person in his
position to depart from the faithful and impartial discharge of his
public duties.
2. A public officer or employee shall not use his position in
government to secure or grant unwarranted privileges, preferences,
exemptions or advantages for himself, any business entity in which he has
a significant pecuniary interest, or any person to whom he has a
commitment in a private capacity to the interests of that person. As used
in this subsection:
(a) “Commitment in a private capacity to the interests of that
person” has the meaning ascribed to “commitment in a private capacity to
the interests of others” in subsection 8 of NRS 281.501 .
(b) “Unwarranted” means without justification or adequate reason.
3. A public officer or employee shall not participate as an agent
of government in the negotiation or execution of a contract between the
government and any private business in which he has a significant
pecuniary interest.
4. A public officer or employee shall not accept any salary,
retainer, augmentation, expense allowance or other compensation from any
private source for the performance of his duties as a public officer or
employee.
5. If a public officer or employee acquires, through his public
duties or relationships, any information which by law or practice is not
at the time available to people generally, he shall not use the
information to further the pecuniary interests of himself or any other
person or business entity.
6. A public officer or employee shall not suppress any
governmental report or other document because it might tend to affect
unfavorably his pecuniary interests.
7. A public officer or employee, other than a member of the
Legislature, shall not use governmental time, property, equipment or
other facility to benefit his personal or financial interest. This
subsection does not prohibit:
(a) A limited use of governmental property, equipment or other
facility for personal purposes if:
(1) The public officer who is responsible for and has
authority to authorize the use of such property, equipment or other
facility has established a policy allowing the use or the use is
necessary as a result of emergency circumstances;
(2) The use does not interfere with the performance of his
public duties;
(3) The cost or value related to the use is nominal; and
(4) The use does not create the appearance of impropriety;
(b) The use of mailing lists, computer data or other information
lawfully obtained from a governmental agency which is available to
members of the general public for nongovernmental purposes; or
(c) The use of telephones or other means of communication if there
is not a special charge for that use.
Ê If a governmental agency incurs a cost as a result of a use that is
authorized pursuant to this subsection or would ordinarily charge a
member of the general public for the use, the public officer or employee
shall promptly reimburse the cost or pay the charge to the governmental
agency.
8. A member of the Legislature shall not:
(a) Use governmental time, property, equipment or other facility
for a nongovernmental purpose or for the private benefit of himself or
any other person. This paragraph does not prohibit:
(1) A limited use of state property and resources for
personal purposes if:
(I) The use does not interfere with the performance of
his public duties;
(II) The cost or value related to the use is nominal;
and
(III) The use does not create the appearance of
impropriety;
(2) The use of mailing lists, computer data or other
information lawfully obtained from a governmental agency which is
available to members of the general public for nongovernmental purposes;
or
(3) The use of telephones or other means of communication if
there is not a special charge for that use.
(b) Require or authorize a legislative employee, while on duty, to
perform personal services or assist in a private activity, except:
(1) In unusual and infrequent situations where the
employee’s service is reasonably necessary to permit the Legislator or
legislative employee to perform his official duties; or
(2) Where such service has otherwise been established as
legislative policy.
9. A public officer or employee shall not attempt to benefit his
personal or financial interest through the influence of a subordinate.
10. A public officer or employee shall not seek other employment
or contracts through the use of his official position.
(Added to NRS by 1977, 1105; A 1987, 2094; 1991, 1595; 1993, 2243;
1997, 3324; 1999, 2736 ; 2003, 3388 )
In addition to
the requirements of the code of ethical standards:
1. A member of the executive branch or public employee of the
executive branch shall not accept compensation from any private person to
represent or counsel him on any issue pending before the agency in which
that officer or employee serves, if the agency makes decisions. Any such
officer or employee who leaves the service of the agency shall not, for 1
year after leaving the service of the agency, represent or counsel for
compensation a private person upon any issue which was under
consideration by the agency during his service. As used in this
subsection, “issue” includes a case, proceeding, application, contract or
determination, but does not include the proposal or consideration of
legislative measures or administrative regulations.
2. A member of the legislative branch, or a member of the
executive branch or public employee whose public service requires less
than half of his time, may represent or counsel a private person before
an agency in which he does not serve. Any other member of the executive
branch or public employee shall not represent a client for compensation
before any state agency of the Executive or Legislative Branch of
government.
3. Not later than January 10 of each year, any Legislator or other
public officer who has, within the preceding year, represented or
counseled a private person for compensation before a state agency of the
Executive Branch shall disclose for each such representation or
counseling during the previous calendar year:
(a) The name of the client;
(b) The nature of the representation; and
(c) The name of the state agency.
Ê The disclosure must be made in writing and filed with the Commission,
on a form prescribed by the Commission. The Commission shall retain a
disclosure filed pursuant to this subsection for 6 years after the date
on which the disclosure was filed.
(Added to NRS by 1977, 1106; A 1991, 1597; 2001, 2289 )
1. Except as otherwise provided in subsection 2, 3 or 4, a public
officer may vote upon a matter if the benefit or detriment accruing to
him as a result of the decision either individually or in a
representative capacity as a member of a general business, profession,
occupation or group is not greater than that accruing to any other member
of the general business, profession, occupation or group.
2. Except as otherwise provided in subsection 3, in addition to
the requirements of the code of ethical standards, a public officer shall
not vote upon or advocate the passage or failure of, but may otherwise
participate in the consideration of, a matter with respect to which the
independence of judgment of a reasonable person in his situation would be
materially affected by:
(a) His acceptance of a gift or loan;
(b) His pecuniary interest; or
(c) His commitment in a private capacity to the interests of others.
Ê It must be presumed that the independence of judgment of a reasonable
person would not be materially affected by his pecuniary interest or his
commitment in a private capacity to the interests of others where the
resulting benefit or detriment accruing to him or to the other persons
whose interests to which the member is committed in a private capacity is
not greater than that accruing to any other member of the general
business, profession, occupation or group. The presumption set forth in
this subsection does not affect the applicability of the requirements set
forth in subsection 4 relating to the disclosure of the pecuniary
interest or commitment in a private capacity to the interests of others.
3. In a county whose population is 400,000 or more, a member of a
county or city planning commission shall not vote upon or advocate the
passage or failure of, but may otherwise participate in the consideration
of, a matter with respect to which the independence of judgment of a
reasonable person in his situation would be materially affected by:
(a) His acceptance of a gift or loan;
(b) His direct pecuniary interest; or
(c) His commitment to a member of his household or a person who is
related to him by blood, adoption or marriage within the third degree of
consanguinity or affinity.
Ê It must be presumed that the independence of judgment of a reasonable
person would not be materially affected by his direct pecuniary interest
or his commitment described in paragraph (c) where the resulting benefit
or detriment accruing to him or to the other persons whose interests to
which the member is committed is not greater than that accruing to any
other member of the general business, profession, occupation or group.
The presumption set forth in this subsection does not affect the
applicability of the requirements set forth in subsection 4 relating to
the disclosure of the direct pecuniary interest or commitment.
4. A public officer or employee shall not approve, disapprove,
vote, abstain from voting or otherwise act upon any matter:
(a) Regarding which he has accepted a gift or loan;
(b) Which would reasonably be affected by his commitment in a
private capacity to the interest of others; or
(c) In which he has a pecuniary interest,
Ê without disclosing sufficient information concerning the gift, loan,
commitment or interest to inform the public of the potential effect of
the action or abstention upon the person who provided the gift or loan,
upon the person to whom he has a commitment, or upon his interest. Except
as otherwise provided in subsection 6, such a disclosure must be made at
the time the matter is considered. If the officer or employee is a member
of a body which makes decisions, he shall make the disclosure in public
to the Chairman and other members of the body. If the officer or employee
is not a member of such a body and holds an appointive office, he shall
make the disclosure to the supervisory head of his organization or, if he
holds an elective office, to the general public in the area from which he
is elected. This subsection does not require a public officer to disclose
any campaign contributions that the public officer reported pursuant to
NRS 294A.120 or 294A.125 in a timely manner.
5. Except as otherwise provided in NRS 241.0355 , if a public officer declares to the body or
committee in which the vote is to be taken that he will abstain from
voting because of the requirements of this section, the necessary quorum
to act upon and the number of votes necessary to act upon the matter, as
fixed by any statute, ordinance or rule, is reduced as though the member
abstaining were not a member of the body or committee.
6. After a member of the Legislature makes a disclosure pursuant
to subsection 4, he may file with the Director of the Legislative Counsel
Bureau a written statement of his disclosure. The written statement must
designate the matter to which the disclosure applies. After a Legislator
files a written statement pursuant to this subsection, he is not required
to disclose orally his interest when the matter is further considered by
the Legislature or any committee thereof. A written statement of
disclosure is a public record and must be made available for inspection
by the public during the regular office hours of the Legislative Counsel
Bureau.
7. The provisions of this section do not, under any circumstances:
(a) Prohibit a member of the Legislative Branch from requesting or
introducing a legislative measure; or
(b) Require a member of the Legislative Branch to take any
particular action before or while requesting or introducing a legislative
measure.
8. As used in this section, “commitment in a private capacity to
the interests of others” means a commitment to a person:
(a) Who is a member of his household;
(b) Who is related to him by blood, adoption or marriage within the
third degree of consanguinity or affinity;
(c) Who employs him or a member of his household;
(d) With whom he has a substantial and continuing business
relationship; or
(e) Any other commitment or relationship that is substantially
similar to a commitment or relationship described in this subsection.
(Added to NRS by 1977, 1106; A 1987, 2095; 1991, 1597; 1995, 1083;
1997, 3326; 1999, 2738 ; 2003, 818 , 1735 , 3389 )
1. Except as otherwise provided in this section and NRS 281.555
and 332.800 , a public officer or employee shall not bid on
or enter into a contract between a governmental agency and any private
business in which he has a significant pecuniary interest.
2. A member of any board, commission or similar body who is
engaged in the profession, occupation or business regulated by such board
or commission, may, in the ordinary course of his business, bid on or
enter into a contract with any governmental agency, except the board,
commission or body of which he is a member, if he has not taken part in
developing the contract plans or specifications and he will not be
personally involved in opening, considering or accepting offers.
3. A full- or part-time faculty member or employee of the Nevada
System of Higher Education may bid on or enter into a contract with a
governmental agency, or may benefit financially or otherwise from a
contract between a governmental agency and a private entity, if the
contract complies with the policies established by the Board of Regents
of the University of Nevada pursuant to NRS 396.255 .
4. A public officer or employee, other than an officer or employee
described in subsection 2 or 3, may bid on or enter into a contract with
a governmental agency if the contracting process is controlled by rules
of open competitive bidding, the sources of supply are limited, he has
not taken part in developing the contract plans or specifications and he
will not be personally involved in opening, considering or accepting
offers. If a public officer who is authorized to bid on or enter into a
contract with a governmental agency pursuant to this subsection is a
member of the governing body of the agency, the public officer, pursuant
to the requirements of NRS 281.501 ,
shall disclose his interest in the contract and shall not vote on or
advocate the approval of the contract.
(Added to NRS by 1993, 2241; A 1995, 689; 2001, 1629 ; 2003, 892 )
1. The Commission shall render an opinion interpreting the
statutory ethical standards and apply the standards to a given set of
facts and circumstances upon request, on a form prescribed by the
Commission, from a public officer or employee who is seeking guidance on
questions which directly relate to the propriety of his own past, present
or future conduct as an officer or employee. He may also request the
Commission to hold a public hearing regarding the requested opinion. If a
requested opinion relates to the propriety of his own present or future
conduct, the opinion of the Commission is:
(a) Binding upon the requester as to his future conduct; and
(b) Final and subject to judicial review pursuant to NRS 233B.130
, except that a proceeding regarding
this review must be held in closed court without admittance of persons
other than those necessary to the proceeding, unless this right to
confidential proceedings is waived by the requester.
2. The Commission may render an opinion interpreting the statutory
ethical standards and apply the standards to a given set of facts and
circumstances:
(a) Upon request from a specialized or local ethics committee.
(b) Except as otherwise provided in this subsection, upon request
from a person, if the requester submits:
(1) The request on a form prescribed by the Commission; and
(2) All related evidence deemed necessary by the Executive
Director and the panel to make a determination of whether there is just
and sufficient cause to render an opinion in the matter.
(c) Upon the Commission’s own motion regarding the propriety of
conduct by a public officer or employee. The Commission shall not
initiate proceedings pursuant to this paragraph based solely upon an
anonymous complaint.
Ê The Commission shall not render an opinion interpreting the statutory
ethical standards or apply those standards to a given set of facts and
circumstances if the request is submitted by a person who is incarcerated
in a correctional facility in this State.
3. Upon receipt of a request for an opinion by the Commission or
upon the motion of the Commission pursuant to subsection 2, the Executive
Director shall investigate the facts and circumstances relating to the
request to determine whether there is just and sufficient cause for the
Commission to render an opinion in the matter. The public officer or
employee that is the subject of the request may submit to the Executive
Director any information relevant to the request. The Executive Director
shall complete an investigation and present his recommendation relating
to just and sufficient cause to the panel within 45 days after the
receipt of or the motion of the Commission for the request, unless the
public officer or employee waives this time limit. If the Executive
Director determines after an investigation that just and sufficient cause
exists for the Commission to render an opinion in the matter, he shall
state such a recommendation in writing, including, without limitation,
the specific evidence that supports his recommendation. If, after an
investigation, the Executive Director does not determine that just and
sufficient cause exists for the Commission to render an opinion in the
matter, he shall state such a recommendation in writing, including,
without limitation, the specific reasons for his recommendation. Within
15 days after the Executive Director has provided his recommendation in
the matter to the panel, the panel shall make a final determination
regarding whether just and sufficient cause exists for the Commission to
render an opinion in the matter, unless the public officer or employee
waives this time limit. The panel shall not determine that there is just
and sufficient cause for the Commission to render an opinion unless the
panel has provided the public officer or employee an opportunity to
respond to the allegations against him. The panel shall cause a record of
its proceedings in each matter to be kept, and such a record must remain
confidential until the panel determines whether there is just and
sufficient cause for the Commission to render an opinion in the matter.
4. If the panel determines that just and sufficient cause exists
for the Commission to render an opinion requested pursuant to this
section, the Commission shall hold a hearing and render an opinion in the
matter within 30 days after the determination of just and sufficient
cause by the panel, unless the public officer or employee waives this
time limit.
5. Each request for an opinion that a public officer or employee
submits to the Commission pursuant to subsection 1, each opinion rendered
by the Commission in response to such a request and any motion,
determination, evidence or record of a hearing relating to such a request
are confidential unless the public officer or employee who requested the
opinion:
(a) Acts in contravention of the opinion, in which case the
Commission may disclose the request for the opinion, the contents of the
opinion and any motion, evidence or record of a hearing related thereto;
(b) Discloses the request for the opinion, the contents of the
opinion, or any motion, evidence or record of a hearing related thereto;
or
(c) Requests the Commission to disclose the request for the
opinion, the contents of the opinion, or any motion, evidence or record
of a hearing related thereto.
6. Except as otherwise provided in this subsection, each document
in the possession of the Commission or its staff that is related to a
request for an opinion regarding a public officer or employee submitted
to or initiated by the Commission pursuant to subsection 2, including,
without limitation, the Commission’s copy of the request and all
materials and information gathered in an investigation of the request, is
confidential until the panel determines whether there is just and
sufficient cause to render an opinion in the matter. The public officer
or employee who is the subject of a request for an opinion submitted or
initiated pursuant to subsection 2 may in writing authorize the
Commission to make its files, material and information which are related
to the request publicly available.
7. Except as otherwise provided in paragraphs (a) and (b), the
proceedings of a panel are confidential until the panel determines
whether there is just and sufficient cause to render an opinion. A person
who:
(a) Requests an opinion from the Commission pursuant to paragraph
(b) of subsection 2 may:
(1) At any time, reveal to a third party the alleged conduct
of a public officer or employee underlying the request that he filed with
the Commission or the substance of testimony, if any, that he gave before
the Commission.
(2) After the panel determines whether there is just and
sufficient cause to render an opinion in the matter, reveal to a third
party the fact that he requested an opinion from the Commission.
(b) Gives testimony before the Commission may:
(1) At any time, reveal to a third party the substance of
testimony that he gave before the Commission.
(2) After the panel determines whether there is just and
sufficient cause to render an opinion in the matter, reveal to a third
party the fact that he gave testimony before the Commission.
8. Whenever the Commission holds a hearing pursuant to this
section, the Commission shall:
(a) Notify the person about whom the opinion was requested of the
place and time of the Commission’s hearing on the matter;
(b) Allow the person to be represented by counsel; and
(c) Allow the person to hear the evidence presented to the
Commission and to respond and present evidence on his own behalf.
Ê The Commission’s hearing may be held no sooner than 10 days after the
notice is given unless the person agrees to a shorter time.
9. If a person who is not a party to a hearing before the
Commission, including, without limitation, a person who has requested an
opinion pursuant to paragraph (a) or (b) of subsection 2, wishes to ask a
question of a witness at the hearing, the person must submit the question
to the Executive Director in writing. The Executive Director may submit
the question to the Commission if he deems the question relevant and
appropriate. This subsection does not require the Commission to ask any
question submitted by a person who is not a party to the proceeding.
10. If a person who requests an opinion pursuant to subsection 1
or 2 does not:
(a) Submit all necessary information to the Commission; and
(b) Declare by oath or affirmation that he will testify truthfully,
Ê the Commission may decline to render an opinion.
11. For good cause shown, the Commission may take testimony from a
person by telephone or video conference.
12. For the purposes of NRS 41.032 , the members of the Commission and its
employees shall be deemed to be exercising or performing a discretionary
function or duty when taking an action related to the rendering of an
opinion pursuant to this section.
13. A meeting or hearing that the Commission or the panel holds to
receive information or evidence concerning the propriety of the conduct
of a public officer or employee pursuant to this section and the
deliberations of the Commission and the panel on such information or
evidence are not subject to the provisions of chapter 241 of NRS.
(Added to NRS by 1977, 1107; A 1985, 2124; 1987, 2095; 1991, 1598;
1995, 2443; 1997, 3327; 1999, 665 , 2739 ; 2003, 3391 )
1. If a request for an opinion is submitted to or initiated by the
Commission concerning a present or former state officer or employee,
unless the state officer or employee retains his own legal counsel or the
Attorney General tenders the defense of the state officer or employee to
an insurer who, pursuant to a contract of insurance, is authorized to
defend the state officer or employee, the Attorney General shall defend
the state officer or employee or employ special counsel to defend the
state officer or employee in any proceeding relating to the request for
the opinion if:
(a) The state officer or employee submits a written request for
defense in the manner provided in NRS 41.0339 ; and
(b) Based on the facts and allegations known to the Attorney
General, the Attorney General determines that the act or omission on
which the alleged violation is based:
(1) Appears to be within the course and scope of public duty
or employment of the state officer or employee; and
(2) Appears to have been performed or omitted in good faith.
2. The Attorney General shall create a written record setting
forth the basis for his determination of whether to defend the state
officer or employee pursuant to paragraph (b) of subsection 1. The
written record is not admissible in evidence at trial or in any other
judicial or administrative proceeding in which the state officer or
employee is a party, except in connection with an application to withdraw
as the attorney of record.
(Added to NRS by 2005, 2556 )
The Commission’s opinions may include
guidance to a public officer or employee on questions whether:
1. A conflict exists between his personal interest and his
official duty.
2. His official duties involve the use of discretionary judgment
whose exercise in the particular matter would have a significant effect
upon the disposition of the matter.
3. The conflict would materially affect the independence of the
judgment of a reasonable person in his situation.
4. He possesses special knowledge which is an indispensable asset
of his public agency and is needed by it to reach a sound decision.
5. It would be appropriate for him to withdraw or abstain from
participation, disclose the nature of his conflicting personal interest
or pursue some other designated course of action in the matter.
(Added to NRS by 1977, 1107; A 1985, 2126; 1987, 2097; 1997, 258;
2005, 2280 )
1. Any department, board, commission or other agency of the State
or the governing body of a county or an incorporated city may establish a
specialized or local ethics committee to complement the functions of the
Commission. A specialized or local ethics committee may:
(a) Establish a code of ethical standards suitable for the
particular ethical problems encountered in its sphere of activity. The
standards may not be less restrictive than the statutory ethical
standards.
(b) Render an opinion upon the request of any public officer or
employee of its own organization or level seeking an interpretation of
its ethical standards on questions directly related to the propriety of
his own future official conduct or refer the request to the Commission.
Any public officer or employee subject to the jurisdiction of the
committee shall direct his inquiry to that committee instead of the
Commission.
(c) Require the filing of statements of financial disclosure by
public officers on forms prescribed by the committee or the city clerk if
the form has been:
(1) Submitted, at least 60 days before its anticipated
distribution, to the Commission for review; and
(2) Upon review, approved by the Commission.
2. A specialized or local ethics committee shall not attempt to
interpret or render an opinion regarding the statutory ethical standards.
3. Each request for an opinion submitted to a specialized or local
ethics committee, each hearing held to obtain information on which to
base an opinion, all deliberations relating to an opinion, each opinion
rendered by a committee and any motion relating to the opinion are
confidential unless:
(a) The public officer or employee acts in contravention of the
opinion; or
(b) The requester discloses the content of the opinion.
(Added to NRS by 1977, 1107; A 1985, 2126; 1991, 105; 1995, 2198,
2445; 1997, 640, 641)
1. In addition to any other penalty provided by law, the
Commission may impose on a public officer or employee or former public
officer or employee civil penalties:
(a) Not to exceed $5,000 for a first willful violation of this
chapter;
(b) Not to exceed $10,000 for a separate act or event that
constitutes a second willful violation of this chapter; and
(c) Not to exceed $25,000 for a separate act or event that
constitutes a third willful violation of this chapter.
2. In addition to other penalties provided by law, the Commission
may impose a civil penalty not to exceed $5,000 and assess an amount
equal to the amount of attorney’s fees and costs actually and reasonably
incurred by the person about whom an opinion was requested pursuant to
NRS 281.511 against a person who
prevents, interferes with or attempts to prevent or interfere with the
discovery or investigation of a violation of this chapter.
3. If the Commission finds that a violation of a provision of this
chapter by a public officer or employee or former public officer or
employee has resulted in the realization by another person of a financial
benefit, the Commission may, in addition to other penalties provided by
law, require the current or former public officer or employee to pay a
civil penalty of not more than twice the amount so realized.
4. If the Commission finds that:
(a) A willful violation of this chapter has been committed by a
public officer removable from office by impeachment only, the Commission
shall file a report with the appropriate person responsible for
commencing impeachment proceedings as to its finding. The report must
contain a statement of the facts alleged to constitute the violation.
(b) A willful violation of this chapter has been committed by a
public officer removable from office pursuant to NRS 283.440 , the Commission may file a proceeding in the
appropriate court for removal of the officer.
(c) Three or more willful violations have been committed by a
public officer removable from office pursuant to NRS 283.440 , the Commission shall file a proceeding in the
appropriate court for removal of the officer.
5. An action taken by a public officer or employee or former
public officer or employee relating to NRS 281.481 , 281.491 ,
281.501 or 281.505 is not a willful violation of a provision of
those sections if the public officer or employee establishes by
sufficient evidence that he satisfied all of the following requirements:
(a) He relied in good faith upon the advice of the legal counsel
retained by the public body which the public officer represents or by the
employer of the public employee or upon the manual published by the
Commission pursuant to NRS 281.471 ;
(b) He was unable, through no fault of his own, to obtain an
opinion from the Commission before the action was taken; and
(c) He took action that was not contrary to a prior published
opinion issued by the Commission.
6. In addition to other penalties provided by law, a public
employee who willfully violates a provision of NRS 281.481 , 281.491 ,
281.501 or 281.505 is subject to disciplinary proceedings by his
employer and must be referred for action in accordance to the applicable
provisions governing his employment.
7. NRS 281.481 to 281.541 , inclusive, do not abrogate or decrease the
effect of the provisions of the Nevada Revised Statutes which define
crimes or prescribe punishments with respect to the conduct of public
officers or employees. If the Commission finds that a public officer or
employee has committed a willful violation of this chapter which it
believes may also constitute a criminal offense, the Commission shall
refer the matter to the Attorney General or the district attorney, as
appropriate, for a determination of whether a crime has been committed
that warrants prosecution.
8. The imposition of a civil penalty pursuant to subsection 1, 2
or 3 is a final decision for the purposes of judicial review.
9. A finding by the Commission that a public officer or employee
has violated any provision of this chapter must be supported by a
preponderance of the evidence unless a greater burden is otherwise
prescribed by law.
(Added to NRS by 1977, 1108; A 1987, 2097; 1991, 1600; 1993, 2244;
1995, 2446; 1997, 258, 3330, 3333; 1999, 2564 , 2743 ; 2001, 199 ; 2003, 3394 ; 2005, 1577 , 2281 )
Miscellaneous Provisions
1. Every public officer shall acknowledge that he has received,
read and understands the statutory ethical standards. The acknowledgment
must be on a form prescribed by the Commission and must accompany the
first statement of financial disclosure that the public officer is
required to file with the Commission pursuant to NRS 281.559 or the Secretary of State pursuant to NRS
281.561 .
2. The Commission and the Secretary of State shall retain an
acknowledgment filed pursuant to this section for 6 years after the date
on which the acknowledgment was filed.
3. Willful refusal to execute and file the acknowledgment required
by this section constitutes nonfeasance in office and is a ground for
removal pursuant to NRS 283.440 .
(Added to NRS by 1999, 2730 ; A 2001, 2289 ; 2003, 3020 , 3396 ; 2003, 20th Special Session, 265 )
1. A public officer or public employee shall not accept or receive
an honorarium.
2. An honorarium paid on behalf of a public officer or public
employee to a charitable organization from which the officer or employee
does not derive any financial benefit is deemed not to be accepted or
received by the officer or employee for the purposes of this section.
3. This section does not prohibit:
(a) The receipt of payment for work performed outside the normal
course of a person’s public office or employment if the performance of
that work is consistent with the applicable policies of his public
employer regarding supplemental employment.
(b) The receipt of an honorarium by the spouse of a public officer
or public employee if it is related to the spouse’s profession or
occupation.
4. As used in this section, “honorarium” means the payment of
money or anything of value for an appearance or speech by the public
officer or public employee in his capacity as a public officer or public
employee. The term does not include the payment of:
(a) The actual and necessary costs incurred by the public officer
or public employee, his spouse or his aid for transportation and for
lodging and meals while the public officer or public employee is away
from his residence.
(b) Compensation which would otherwise have been earned by the
public officer or public employee in the normal course of his public
office or employment.
(c) A fee for a speech related to the officer’s or employee’s
profession or occupation outside of his public office or employment if:
(1) Other members of the profession or occupation are
ordinarily compensated for such a speech; and
(2) The fee paid to the public officer or public employee is
approximately the same as the fee that would be paid to a member of the
private sector whose qualifications are similar to those of the officer
or employee for a comparable speech.
(d) A fee for a speech delivered to an organization of
legislatures, legislators or other elected officers.
5. A public officer or public employee who violates the provisions
of this section is guilty of a gross misdemeanor and, upon conviction,
forfeits the amount of the honorarium.
(Added to NRS by 1991, 1592; A 1999, 2745 )
1. Except as otherwise provided in subsections 4 and 5, a public
officer or employee shall not request or otherwise cause a governmental
entity to incur an expense or make an expenditure to support or oppose:
(a) A ballot question.
(b) A candidate.
2. For the purposes of paragraph (b) of subsection 1, an expense
incurred or an expenditure made by a governmental entity shall be
considered an expense incurred or an expenditure made in support of a
candidate if:
(a) The expense is incurred or the expenditure is made for the
creation or dissemination of a pamphlet, brochure, publication,
advertisement or television programming that prominently features the
activities of a current public officer of the governmental entity who is
a candidate for a state, local or federal elective office; and
(b) The pamphlet, brochure, publication, advertisement or
television programming described in paragraph (a) is created or
disseminated during the period specified in subsection 3.
3. The period during which the provisions of subsection 2 apply to
a particular governmental entity begins when a current public officer of
that governmental entity files a declaration of candidacy or acceptance
of candidacy and ends on the date of the general election, general city
election or special election for the office for which the current public
officer of the governmental entity is a candidate.
4. The provisions of this section do not prohibit the creation or
dissemination of, or the appearance of a candidate in or on, as
applicable, a pamphlet, brochure, publication, advertisement or
television programming that:
(a) Is made available to the public on a regular basis and merely
describes the functions of:
(1) The public office held by the public officer who is the
candidate; or
(2) The governmental entity by which the public officer who
is the candidate is employed; or
(b) Is created or disseminated in the course of carrying out a duty
of:
(1) The public officer who is the candidate; or
(2) The governmental entity by which the public officer who
is the candidate is employed.
5. The provisions of this section do not prohibit an expense or an
expenditure incurred to create or disseminate a television program that
provides a forum for discussion or debate regarding a ballot question, if
persons both in support of and in opposition to the ballot question
participate in the television program.
6. As used in this section:
(a) “Governmental entity” means:
(1) The government of this State;
(2) An agency of the government of this State;
(3) A political subdivision of this State; and
(4) An agency of a political subdivision of this State.
(b) “Pamphlet, brochure, publication, advertisement or television
programming” includes, without limitation, a publication, a public
service announcement and any programming on a television station created
to provide community access to cable television. The term does not
include:
(1) A press release issued to the media by a governmental
entity; or
(2) The official website of a governmental entity.
(c) “Political subdivision” means a county, city or any other local
government as defined in NRS 354.474 .
(Added to NRS by 2003, 925 )
The
purchase of goods or services by a local government upon a two-thirds
vote of its governing body from a member of the governing body who is the
sole source of supply within the area served by the governing body is not
unlawful or unethical if the public notice of the meeting specifically
mentioned that such a purchase would be discussed.
(Added to NRS by 1987, 385)
1. In addition to any other penalty provided by law, a
governmental grant, contract or lease entered into in violation of this
chapter is voidable by the State, county, city or town. In a
determination under this section of whether to void a grant, contract or
lease, the interests of innocent third parties who could be damaged must
be taken into account. The Attorney General, district attorney or city
attorney must give notice of his intent to void a grant, contract or
lease under this section no later than 30 days after the Commission has
determined that there has been a related violation of this chapter.
2. In addition to any other penalty provided by law, a contract
prohibited by NRS 281.230 which is
knowingly entered into by a person designated in subsection 1 of NRS
281.230 is void.
3. Any action taken by the State in violation of this chapter is
voidable, except that the interests of innocent third parties in the
nature of the violation must be taken into account. The Attorney General
may also pursue any other available legal or equitable remedies.
4. In addition to any other penalty provided by law, the Attorney
General may recover any fee, compensation, gift or benefit received by a
person as a result of a violation of this chapter by a public officer. An
action to recover pursuant to this section must be brought within 2 years
after the discovery of the violation.
(Added to NRS by 1991, 1593)
Financial Disclosure Statement
1. Except as otherwise provided in subsection 2, if a public
officer who was appointed to the office for which he is serving is
entitled to receive annual compensation of $6,000 or more for serving in
that office, he shall file with the Commission a statement of financial
disclosure, as follows:
(a) A public officer appointed to fill the unexpired term of an
elected or appointed public officer shall file a statement of financial
disclosure within 30 days after his appointment.
(b) Each public officer appointed to fill an office shall file a
statement of financial disclosure on or before January 15 of each year of
the term, including the year the term expires.
2. If a person is serving in a public office for which he is
required to file a statement pursuant to subsection 1, he may use the
statement he files for that initial office to satisfy the requirements of
subsection 1 for every other public office to which he is appointed and
in which he is also serving.
3. A judicial officer who is appointed to fill the unexpired term
of a predecessor or to fill a newly created judgeship shall file a
statement of financial disclosure pursuant to the requirements of Canon
4I of the Nevada Code of Judicial Conduct. Such a statement of financial
disclosure must include, without limitation, all information required to
be included in a statement of financial disclosure pursuant to NRS
281.571 .
4. The Commission shall provide written notification to the
Secretary of State of the public officers who failed to file the
statements of financial disclosure required by subsection 1 or who failed
to file those statements in a timely manner. The notice must be sent
within 30 days after the deadlines set forth in subsection 1 and must
include:
(a) The name of each public officer who failed to file his
statement of financial disclosure within the period before the notice is
sent;
(b) The name of each public officer who filed his statement of
financial disclosure after the deadlines set forth in subsection 1 but
within the period before the notice is sent;
(c) For the first notice sent after the public officer filed his
statement of financial disclosure, the name of each public officer who
filed his statement of financial disclosure after the deadlines set forth
in subsection 1 but within the period before the notice is sent; and
(d) For each public officer listed in paragraph (c), the date on
which the statement of financial disclosure was due and the date on which
the public officer filed the statement.
5. In addition to the notice provided pursuant to subsection 4,
the Commission shall notify the Secretary of State of each public officer
who files a statement of financial disclosure more than 30 days after the
deadlines set forth in subsection 1. The notice must include the
information described in paragraphs (c) and (d) of subsection 4.
6. A statement of financial disclosure shall be deemed to be filed
with the Commission:
(a) On the date that it was mailed if it was sent by certified
mail; or
(b) On the date that it was received by the Commission if the
statement was sent by regular mail, transmitted by facsimile machine or
electronic means, or delivered personally.
(Added to NRS by 2003, 3018 )
1. Each candidate for public office who will be entitled to
receive annual compensation of $6,000 or more for serving in the office
that he is seeking and, except as otherwise provided in subsection 2,
each public officer who was elected to the office for which he is serving
shall file with the Secretary of State a statement of financial
disclosure, as follows:
(a) A candidate for nomination, election or reelection to public
office shall file a statement of financial disclosure no later than the
10th day after the last day to qualify as a candidate for the office; and
(b) Each public officer shall file a statement of financial
disclosure on or before January 15 of each year of the term, including
the year the term expires.
2. A person elected pursuant to NRS 548.285 to the office of supervisor of a conservation district is not
required to file a statement of financial disclosure relative to that
office pursuant to subsection 1.
3. A candidate for judicial office or a judicial officer shall
file a statement of financial disclosure pursuant to the requirements of
Canon 4I of the Nevada Code of Judicial Conduct. Such a statement of
financial disclosure must include, without limitation, all information
required to be included in a statement of financial disclosure pursuant
to NRS 281.571 .
4. A statement of financial disclosure shall be deemed to be filed
with the Secretary of State:
(a) On the date that it was mailed if it was sent by certified
mail; or
(b) On the date that it was received by the Secretary of State if
the statement was sent by regular mail, transmitted by facsimile machine
or electronic means, or delivered personally.
5. The statement of financial disclosure filed pursuant to this
section must be filed on the form prescribed by the Commission pursuant
to NRS 281.471 .
6. The Secretary of State shall prescribe, by regulation,
procedures for the submission of statements of financial disclosure filed
pursuant to this section, maintain files of such statements and make the
statements available for public inspection.
(Added to NRS by 1977, 1108; A 1985, 2126; 1987, 2097; 1991, 1601;
1995, 2199; 1999, 931 ; 2001, 1956 , 2290 ; 2003, 160 , 3020 , 3396 ; 2003, 20th Special Session, 265 ; 2005, 1579 )
1. Statements of financial disclosure, as approved pursuant to NRS
281.541 or in such form as the
Commission otherwise prescribes, must contain the following information
concerning the candidate for public office or public officer:
(a) His length of residence in the State of Nevada and the district
in which he is registered to vote.
(b) Each source of his income, or that of any member of his
household who is 18 years of age or older. No listing of individual
clients, customers or patients is required, but if that is the case, a
general source such as “professional services” must be disclosed.
(c) A list of the specific location and particular use of real
estate, other than a personal residence:
(1) In which he or a member of his household has a legal or
beneficial interest;
(2) Whose fair market value is $2,500 or more; and
(3) That is located in this State or an adjacent state.
(d) The name of each creditor to whom he or a member of his
household owes $5,000 or more, except for:
(1) A debt secured by a mortgage or deed of trust of real
property which is not required to be listed pursuant to paragraph (c); and
(2) A debt for which a security interest in a motor vehicle
for personal use was retained by the seller.
(e) If the candidate for public office or public officer has
received gifts in excess of an aggregate value of $200 from a donor
during the preceding taxable year, a list of all such gifts, including
the identity of the donor and value of each gift, except:
(1) A gift received from a person who is related to the
candidate for public office or public officer within the third degree of
consanguinity or affinity.
(2) Ceremonial gifts received for a birthday, wedding,
anniversary, holiday or other ceremonial occasion if the donor does not
have a substantial interest in the legislative, administrative or
political action of the candidate for public office or public officer.
(f) A list of each business entity with which he or a member of his
household is involved as a trustee, beneficiary of a trust, director,
officer, owner in whole or in part, limited or general partner, or holder
of a class of stock or security representing 1 percent or more of the
total outstanding stock or securities issued by the business entity.
(g) A list of all public offices presently held by him for which
this statement of financial disclosure is required.
2. The Commission shall distribute or cause to be distributed the
forms required for such a statement to each candidate for public office
and public officer who is required to file one. The Commission is not
responsible for the costs of producing or distributing a form for filing
statements of financial disclosure which is prescribed pursuant to
subsection 1 of NRS 281.541 .
3. As used in this section:
(a) “Business entity” means an organization or enterprise operated
for economic gain, including a proprietorship, partnership, firm,
business, trust, joint venture, syndicate, corporation or association.
(b) “Household” includes:
(1) The spouse of a candidate for public office or public
officer;
(2) A person who does not live in the same home or dwelling,
but who is dependent on and receiving substantial support from the
candidate for public office or public officer; and
(3) A person who lived in the home or dwelling of the
candidate for public office or public officer for 6 months or more in the
year immediately preceding the year in which the candidate for public
office or public officer files the statement of financial disclosure.
(Added to NRS by 1977, 1108; A 1985, 2127; 1991, 1602; 1995, 2200;
1997, 3331; 1999, 932 ; 2001, 1957 )
1. Except as otherwise provided in subsection 2, statements of
financial disclosure required by the provisions of NRS 281.559 , 281.561 and
281.571 must be retained by the
Commission or Secretary of State for 6 years after the date of filing.
2. For public officers who serve more than one term in either the
same public office or more than one public office, the period prescribed
in subsection 1 begins on the date of the filing of the last statement of
financial disclosure for the last public office held.
(Added to NRS by 1987, 2093; A 1991, 1603; 2003, 3021 , 3397 ; 2003, 20th Special Session, 265 )
1. A list of each public officer who is required to file a
statement of financial disclosure must be submitted electronically to the
Commission and to the Secretary of State, in a form prescribed by the
Commission, on or before December 1 of each year by:
(a) Each county clerk for all public officers of the county and
other local governments within the county other than cities;
(b) Each city clerk for all public officers of the city;
(c) The Director of the Legislative Counsel Bureau for all public
officers of the Legislative Branch; and
(d) The Chief of the Budget Division of the Department of
Administration for all public officers of the Executive Branch.
2. The Secretary of State, each county clerk, or the registrar of
voters of the county if one was appointed pursuant to NRS 244.164 , and each city clerk shall submit
electronically to the Commission, and each county clerk, or the registrar
of voters of the county if one was appointed pursuant to NRS 244.164
, and each city clerk shall submit
electronically to the Secretary of State, in a form prescribed by the
Commission, a list of each candidate for public office who filed a
declaration of candidacy or acceptance of candidacy with that officer
within 10 days after the last day to qualify as a candidate for the
applicable office.
(Added to NRS by 2003, 3384 ; A 2003, 20th Special Session, 263 )
The Secretary of State and each
county clerk, or the registrar of voters of the county if one was
appointed pursuant to NRS 244.164 , or
city clerk who receives from a candidate for public office a declaration
of candidacy, acceptance of candidacy or certificate of candidacy shall
give to the candidate the form prescribed by the Commission for the
making of a statement of financial disclosure, accompanied by
instructions on how to complete the form, where it must be filed and the
time by which it must be filed.
(Added to NRS by 1985, 2122; A 1987, 2098; 1997, 3475; 2001, 1958
; 2003, 3397 )
1. If the Secretary of State receives information that a candidate
for public office or public officer willfully fails to file his statement
of financial disclosure or willfully fails to file his statement of
financial disclosure in a timely manner pursuant to NRS 281.559 or 281.561 ,
the Secretary of State may, after giving notice to that person or entity,
cause the appropriate proceedings to be instituted in the First Judicial
District Court.
2. Except as otherwise provided in this section, a candidate for
public office or public officer who willfully fails to file his statement
of financial disclosure or willfully fails to file his statement of
financial disclosure in a timely manner pursuant to NRS 281.559 or 281.561
is subject to a civil penalty and payment of court costs and attorney’s
fees. The civil penalty must be recovered in a civil action brought in
the name of the State of Nevada by the Secretary of State in the First
Judicial District Court and deposited by the Secretary of State for
credit to the State General Fund in the bank designated by the State
Treasurer.
3. The amount of the civil penalty is:
(a) If the statement is filed not more than 10 days after the
applicable deadline set forth in subsection 1 of NRS 281.559 or subsection 1 of NRS 281.561 , $25.
(b) If the statement is filed more than 10 days but not more than
20 days after the applicable deadline set forth in subsection 1 of NRS
281.559 or subsection 1 of NRS 281.561
, $50.
(c) If the statement is filed more than 20 days but not more than
30 days after the applicable deadline set forth in subsection 1 of NRS
281.559 or subsection 1 of NRS 281.561
, $100.
(d) If the statement is filed more than 30 days but not more than
45 days after the applicable deadline set forth in subsection 1 of NRS
281.559 or subsection 1 of NRS 281.561
, $250.
(e) If the statement is not filed or is filed more than 45 days
after the applicable deadline set forth in subsection 1 of NRS 281.559
or subsection 1 of NRS 281.561 , $2,000.
4. For good cause shown, the Secretary of State may waive a civil
penalty that would otherwise be imposed pursuant to this section. If the
Secretary of State waives a civil penalty pursuant to this subsection,
the Secretary of State shall:
(a) Create a record which sets forth that the civil penalty has
been waived and describes the circumstances that constitute the good
cause shown; and
(b) Ensure that the record created pursuant to paragraph (a) is
available for review by the general public.
5. As used in this section, “willfully” means deliberately,
intentionally and knowingly.
(Added to NRS by 1977, 1109; A 1985, 2128; 1997, 3333; 1999, 934
, 2746 ; 2001, 1958 , 2290 , 2924 , 2931 , 2932 , 2934 ; 2003, 3021 , 3397 ; 2003, 20th Special Session, 265 )
DISCLOSURE OF IMPROPER GOVERNMENTAL ACTION
As used in NRS 281.611 to 281.671 ,
inclusive, unless the context otherwise requires:
1. “Improper governmental action” means any action taken by a
state officer or employee or local governmental officer or employee in
the performance of his official duties, whether or not the action is
within the scope of his employment, which is:
(a) In violation of any state law or regulation;
(b) If the officer or employee is a local governmental officer or
employee, in violation of an ordinance of the local government;
(c) An abuse of authority;
(d) Of substantial and specific danger to the public health or
safety; or
(e) A gross waste of public money.
2. “Local government” means a county in this State, an
incorporated city in this State and Carson City.
3. “Local governmental employee” means any person who performs
public duties under the direction and control of a local governmental
officer for compensation paid by or through a local government.
4. “Local governmental officer” means a person elected or
appointed to a position with a local government that involves the
exercise of a local governmental power, trust or duty, including:
(a) Actions taken in an official capacity which involve a
substantial and material exercise of administrative discretion in the
formulation of local governmental policy;
(b) The expenditure of money of a local government; and
(c) The enforcement of laws and regulations of the State or a local
government.
5. “Reprisal or retaliatory action” includes:
(a) The denial of adequate personnel to perform duties;
(b) Frequent replacement of members of the staff;
(c) Frequent and undesirable changes in the location of an office;
(d) The refusal to assign meaningful work;
(e) The issuance of letters of reprimand or evaluations of poor
performance;
(f) A demotion;
(g) A reduction in pay;
(h) The denial of a promotion;
(i) A suspension;
(j) A dismissal;
(k) A transfer;
(l) Frequent changes in working hours or workdays; or
(m) If the employee is licensed or certified by an occupational
licensing board, the filing with that board, by or on behalf of the
employer, of a complaint concerning the employee,
Ê if such action is taken, in whole or in part, because the state officer
or employee or local governmental officer or employee disclosed
information concerning improper governmental action.
6. “State employee” means any person who performs public duties
under the direction and control of a state officer for compensation paid
by or through the State.
7. “State officer” means a person elected or appointed to a
position with the State which involves the exercise of a state power,
trust or duty, including:
(a) Actions taken in an official capacity which involve a
substantial and material exercise of administrative discretion in the
formulation of state policy;
(b) The expenditure of state money; and
(c) The enforcement of laws and regulations of the State.
(Added to NRS by 1991, 1992; A 2001, 3049 )
It is hereby declared
to be the public policy of this state that a state officer or employee
and a local governmental officer or employee are encouraged to disclose,
to the extent not expressly prohibited by law, improper governmental
action, and it is the intent of the Legislature to protect the rights of
a state officer or employee and a local governmental officer or employee
who makes such a disclosure.
(Added to NRS by 1991, 1992; A 2001, 3050 )
1. A state officer or employee and a local governmental officer or
employee shall not directly or indirectly use or attempt to use his
official authority or influence to intimidate, threaten, coerce, command,
influence or attempt to intimidate, threaten, coerce, command or
influence another state officer or employee or another local governmental
officer or employee, as applicable, in an effort to interfere with or
prevent the disclosure of information concerning improper governmental
action.
2. For the purposes of this section, use of “official authority or
influence” includes taking, directing others to take, recommending,
processing or approving any personnel action such as an appointment,
promotion, transfer, assignment, reassignment, reinstatement,
restoration, reemployment, evaluation or other disciplinary action.
(Added to NRS by 1991, 1992; A 2001, 3050 )
A local government may enact by
ordinance procedures that provide greater protection to local
governmental officers and employees against reprisal and retaliation for
the disclosure of improper governmental action than the protection
provided in NRS 281.611 to 281.671
, inclusive.
(Added to NRS by 2001, 3048 )
1. If any reprisal or retaliatory action is taken against a state
officer or employee who discloses information concerning improper
governmental action within 2 years after the information is disclosed,
the state officer or employee may file a written appeal with a hearing
officer of the Department of Personnel for a determination of whether the
action taken was a reprisal or retaliatory action. The written appeal
must be accompanied by a statement that sets forth with particularity:
(a) The facts and circumstances under which the disclosure of
improper governmental action was made; and
(b) The reprisal or retaliatory action that is alleged to have been
taken against the state officer or employee.
Ê The hearing must be conducted in accordance with the procedures set
forth in NRS 284.390 to 284.405 , inclusive, and the procedures adopted by the
Personnel Commission pursuant to subsection 4.
2. If the hearing officer determines that the action taken was a
reprisal or retaliatory action, he may issue an order directing the
proper person to desist and refrain from engaging in such action. The
hearing officer shall file a copy of his decision with the Governor or
any other elected state officer who is responsible for the actions of
that person.
3. The hearing officer may not rule against the state officer or
employee based on the person or persons to whom the improper governmental
action was disclosed.
4. The Personnel Commission may adopt rules of procedure for
conducting a hearing pursuant to this section that are not inconsistent
with the procedures set forth in NRS 284.390 to 284.405 ,
inclusive.
(Added to NRS by 1991, 1993; A 1995, 347; 2001, 3050 )
1. A local government shall, by ordinance, establish procedures
for hearing an appeal from a local governmental officer or employee who:
(a) Disclosed information concerning improper governmental action;
and
(b) Believes that as a result of that disclosure, a reprisal or
retaliatory action has been taken against him,
Ê to determine whether a reprisal or retaliatory action has been taken
against the local governmental officer or employee. The procedures must
allow a local governmental officer or employee to file an appeal not
later than 2 years after the information is disclosed and require the
local governmental officer or employee who desires to file an appeal to
file the appeal within 60 days after the alleged reprisal or retaliatory
action was taken against him.
2. An ordinance adopted pursuant to subsection 1 must:
(a) Prescribe the required contents of an appeal;
(b) Provide for the designation or appointment of hearing officers
to hear such appeals; and
(c) Provide that if a hearing officer determines that the action
taken was a reprisal or retaliatory action, he may issue an order
directing the proper person to desist and refrain from engaging in such
action.
(Added to NRS by 2001, 3048 )
1. A state officer or employee or a local governmental officer or
employee shall not use the provisions of NRS 281.611 to 281.671 ,
inclusive, to harass another state officer or employee or another local
governmental officer or employee, as applicable.
2. The provisions of NRS 281.611
to 281.671 , inclusive, do not prohibit
a state officer or employee or a local governmental officer or employee
from initiating proper disciplinary procedures against another state
officer or employee or another local governmental officer or employee, as
applicable, who discloses untruthful information concerning improper
governmental action.
(Added to NRS by 1991, 1993; A 2001, 3051 )
Each year:
1. The Director of the Department of Personnel shall make
available to each state officer and employee; and
2. The administrative head of a local government shall make
available to each local governmental officer or employee,
Ê a written summary of NRS 281.611 to
281.671 , inclusive.
(Added to NRS by 1991, 1993; A 2001, 3051 )
NRS 281.611
to 281.661 , inclusive, are intended to be directory and
preventive rather than punitive, and do not abrogate or decrease the
effect of any of the provisions of NRS which define crimes or prescribe
punishments with respect to the conduct of state officers or employees or
local governmental officers or employees.
(Added to NRS by 1991, 1993; A 2001, 3052 )
