USA Statutes : nevada
Title : Title 23 - PUBLIC OFFICERS AND EMPLOYEES
Chapter : CHAPTER 283 - RESIGNATIONS, VACANCIES AND REMOVALS
Any person
who shall receive a commission or a certificate of his election or
appointment shall be at liberty to resign such office, though he may not
have entered upon the execution of its duties or taken the requisite oath
of office.
[Part 33:108:1866; B § 2631; BH § 1668; C § 1814; RL § 2797; NCL §
4797]
All state officers commissioned by the Governor shall resign
their commissions to the Governor.
[Part 34:108:1866; B § 2632; BH § 1669; C § 1815; RL § 2798; NCL §
4798]
All officers
holding office by appointment shall resign their offices to the officer,
body or board that appointed them when no express method is specified by
NRS.
[Part 34:108:1866; B § 2632; BH § 1669; C § 1815; RL § 2798; NCL §
4798]
VACANCIES
1. Every office becomes vacant upon the occurring of any of the
following events before the expiration of the term:
(a) The death or resignation of the incumbent.
(b) The removal of the incumbent from office.
(c) The confirmed insanity of the incumbent, found by a court of
competent jurisdiction.
(d) A conviction of the incumbent of any felony or offense
involving a violation of his official oath or bond or a violation of NRS
241.040 , 293.1755 or 293C.200 .
(e) A refusal or neglect of the person elected or appointed to take
the oath of office, as prescribed in NRS 282.010 , or, when a bond is required by law, his
refusal or neglect to give the bond within the time prescribed by law.
(f) Except as otherwise provided in NRS 266.400 , the ceasing of the incumbent to be an actual,
as opposed to constructive, resident of the State, district, county,
city, ward or other unit prescribed by law in which the duties of his
office are to be exercised, or from which he was elected or appointed, or
in which he was required to reside to be a candidate for office or
appointed to office.
(g) The neglect or refusal of the incumbent to discharge the duties
of his office for a period of 30 days, except when prevented by sickness
or absence from the State or county, as provided by law. In a county
whose population is less than 15,000, after an incumbent, other than a
state officer, has been prevented by sickness from discharging the duties
of his office for at least 6 months, the district attorney, either on his
own volition or at the request of another person, may petition the
district court to declare the office vacant. If the incumbent holds the
office of district attorney, the Attorney General, either on his own
volition or at the request of another person, may petition the district
court to declare the office vacant. The district court shall hold a
hearing to determine whether to declare the office vacant and, in making
its determination, shall consider evidence relating to:
(1) The medical condition of the incumbent;
(2) The extent to which illness, disease or physical
weakness has rendered the incumbent unable to manage independently and
perform the duties of his office; and
(3) The extent to which the absence of the incumbent has had
a detrimental effect on the applicable governmental entity.
(h) The decision of a competent tribunal declaring the election or
appointment void or the office vacant.
(i) A determination pursuant to NRS 293.182 or 293C.186 that the incumbent fails to meet any
qualification required for the office.
2. Upon the happening of any of the events described in subsection
1, if the incumbent fails or refuses to relinquish his office, the
Attorney General shall, if the office is a state office or concerns more
than one county, or the district attorney shall, if the office is a
county office or concerns territory within one county, commence and
prosecute, in a court of competent jurisdiction, any proceedings for
judgment and decree declaring that office vacant.
[35:108:1866; A 1921, 5; 1949, 516; 1943 NCL § 4799]—(NRS A 1975,
616; 1977, 1101; 1997, 274, 1518, 1519, 3475; 1999, 679 , 2171 ; 2001, 678 , 1973 , 1999 )
Whenever any officer shall be removed from office on
impeachment and conviction, as declared in the constitution and laws of
this state, the Secretary of State shall transmit a certified copy
thereof to the officer whose duty it shall be to make an appointment to
supply the vacancy caused by the removal of such officer from office.
[37:108:1866; B § 2635; BH § 1672; C § 1818; RL § 2801; NCL § 4801]
The
Governor shall declare vacant the office of every state officer.
[Part 38:108:1866; B § 2636; BH § 1673; C § 1819; RL § 2802; NCL §
4802]
Whenever a vacancy occurs in any state
office, except in the case of resignation made to the Governor or the
Legislature, the Secretary of State shall certify to the Governor the
cause of such vacancy. If such vacancy occurs from the confirmed insanity
of the incumbent, or from his conviction of a felony or an offense
involving a violation of his official oath or bond, the Secretary of
State shall accompany his certificate with a certified copy of a judgment
found upon the lunacy commission, or a certified copy of the record of
conviction for such felony or offense, as the case may be.
[Part 39:108:1866; B § 2637; BH § 1674; C § 1820; RL § 2803; NCL §
4803]
Whenever a vacancy shall occur,
during the recess of the Legislature, in any office which the Legislature
is authorized to fill by election, or which the Governor, subject to
confirmation by the Senate, is authorized to fill, the Governor, unless
it is otherwise specially provided, may appoint some suitable person to
perform the duties of such office.
[40:108:1866; B § 2638; BH § 1675; C § 1821; RL § 2804; NCL § 4804]
080 . Any person appointed
pursuant to the provisions of NRS 283.080 shall:
1. Before proceeding to execute the duties assigned him, qualify
in the same manner as required by law of the officer in whose place he
shall be appointed.
2. Continue to exercise and perform the duties of the office to
which he shall be so appointed until the election of his successor at the
next session of the Legislature, or the next general election, and the
qualification of such successor thereafter.
[42:108:1866; B § 2640; BH § 1677; C § 1823; RL § 2806; NCL § 4806]
Vacancies that may occur in office, the appointment of
which is vested in the Governor and Senate, or in the Legislature, shall
be filled by the Governor during the recess of the Legislature, by
granting commissions which shall expire whenever the Governor and Senate,
or the Legislature, shall appoint a person or persons to fill the offices.
[46:108:1866; B § 2644; BH § 1681; C § 1827; RL § 2810; NCL § 4810]
Whenever any vacancy shall occur in the office of any state
officer, the Governor shall fill the same by granting a commission, which
shall expire at the next general election by the people and upon the
qualification of his successor, at which election such officer shall be
chosen for the balance of the unexpired term.
[Part 48:108:1866; B § 2646; BH § 1683; C § 1829; RL § 2812; NCL §
4812]
Whenever any vacancy
shall occur in any appointive office or position in this state required
by law to be filled by the Governor, such vacancy remaining unfilled for
a period of 90 days, the Governor shall not, within 60 days preceding the
expiration of his term in office, fill the vacancy to be effective beyond
the termination of his own term in office.
[1:130:1927; NCL § 7393]
1. Upon making an appointment to fill a vacancy in an elected
office, the appointing authority shall notify the filing officer for that
elected office. The notice must include:
(a) The name, residence address and telephone number of the
appointed person;
(b) The political party of the appointed person; and
(c) The term of the appointment.
2. This section applies to each appointment to fill a vacancy in
an elected office, including, without limitation, the initial appointment
to fill a vacancy in a newly created elected office.
3. As used in this section, “filing officer” has the meaning
ascribed to it in NRS 293.057 .
(Added to NRS by 2001, 2970 )
Any officer elected or appointed to fill any
vacancy shall be commissioned, or shall receive a certificate of election
or appointment to such office.
[32:108:1866; B § 2630; BH § 1667; C § 1813; RL § 2796; NCL § 4796]
IMPEACHMENT
Any state officer,
created by state law, shall be liable for impeachment for any misdemeanor
in office.
[1911 Cr. Prac. § 28; RL § 6878; NCL § 10675]
All impeachments shall be tried by the Senate. When sitting for that
purpose, the Senators shall be upon oath or affirmation.
[1911 Cr. Prac. § 29; RL § 6879; NCL § 10676]
When an officer of the State is impeached by the Assembly for a
misdemeanor in office, the articles of impeachment shall be delivered to
the President of the Senate.
[1911 Cr. Prac. § 30; RL § 6880; NCL § 10677]
1. The Senate shall assign a day for hearing the impeachment, and
shall inform the Assembly thereof.
2. Not less than 10 days before the day fixed for the hearing, the
President of the Senate shall cause a copy of the articles of
impeachment, with a notice to appear and answer the same at the time and
place appointed, to be served on the defendant.
[1911 Cr. Prac. § 31; RL § 6881; NCL § 10678]
The service shall be made
upon the defendant personally. If upon diligent inquiry he cannot be
found within the State and upon due proof of that fact, the Senate may
order publication to be made, in such manner as it deems proper, of a
notice requiring him to appear at a specified time and place and answer
the articles of impeachment.
[1911 Cr. Prac. § 32; RL § 6882; NCL § 10679]
If the defendant does not appear, upon proof of
service or publication as provided in NRS 283.170 and 283.180 ,
the Senate may, of its own motion or for cause shown, assign another day
for hearing the impeachment; or, in the absence of the defendant, may
then, or at any other time which it may appoint, proceed to trial and
judgment.
[1911 Cr. Prac. § 33; RL § 6883; NCL § 10680]
When the defendant appears, he
may object in writing to the sufficiency of the articles of impeachment,
or he may answer the same by an oral plea of not guilty. The plea of not
guilty shall be entered upon the journal, and it puts in issue every
material allegation of the articles of impeachment.
[1911 Cr. Prac. § 34; RL § 6884; NCL § 10681]
1. If the objection to the sufficiency of the articles of
impeachment is not sustained by a majority of the members of the Senate
who heard the argument, the defendant must be ordered forthwith to answer
the articles of impeachment. If he then pleads guilty, or refuses to
plead, the Senate must render judgment of conviction against him.
2. If he pleads not guilty, the Senate shall, at such time as it
may appoint, proceed to try the impeachment.
[1911 Cr. Prac. § 35; RL § 6885; NCL § 10682]
At the time and place
appointed, and before the Senate proceeds to act on the impeachment, the
Secretary shall administer to the President of the Senate, and the
President of the Senate to each of the members of the Senate then
present, an oath truly and impartially to hear, try and determine the
impeachment. No member of the Senate can act or vote upon the
impeachment, or upon any question arising thereon, without having taken
such oath. When such oath has been administered, the Senate shall proceed
to try and determine the impeachment, and may adjourn the trial from time
to time.
[1911 Cr. Prac. § 36; RL § 6886; NCL § 10683]
The defendant cannot be convicted on impeachment without
the concurrence of two-thirds of the members elected, voting by ayes and
noes. If two-thirds of the members elected do not concur in a conviction,
he shall be acquitted.
[1911 Cr. Prac. § 37; RL § 6887; NCL § 10684]
1. After conviction and at such time as it may appoint, the Senate
shall pronounce judgment in the form of a resolution which shall be
entered upon the journal of the Senate.
2. On the adoption of the resolution by a majority of the members
present who voted on the question of acquittal or conviction, it becomes
the judgment of the Senate.
[1911 Cr. Prac. § 38; RL § 6888; NCL § 10685]
The judgment may be that the defendant be suspended, or that he be
removed from office and disqualified to hold any office of honor, trust
or profit under the State.
[1911 Cr. Prac. § 39; RL § 6889; NCL § 10686]
If judgment of suspension is given, during the continuance
of the judgment the defendant is disqualified from receiving the salary,
fees or emoluments of the office.
[1911 Cr. Prac. § 40; RL § 6890; NCL § 10687]
1. Whenever articles of impeachment against any officer subject to
impeachment are presented to the Senate, the officer is temporarily
suspended from his office and cannot act in his official capacity until
he is acquitted.
2. Upon temporary suspension of any officer other than the
Governor, his office shall at once be temporarily filled by an
appointment made by the Governor, with the advice and consent of the
Senate, until the acquittal of the party impeached, or, in case of his
removal, until the vacancy is filled as provided by law.
[1911 Cr. Prac. § 41; RL § 6891; NCL § 10688]
If the
Lieutenant Governor is impeached, notice of the impeachment shall be
immediately given to the Senate by the Assembly in order that another
President may be chosen.
[1911 Cr. Prac. § 42; RL § 6892; NCL § 10689]
If the offense for which the defendant is convicted on
impeachment is also the subject of an indictment or information, the
indictment or information is not barred thereby.
[1911 Cr. Prac. § 43; RL § 6893; NCL § 10690]
REMOVAL FROM OFFICE BY ACCUSATION
An
accusation in writing against any district, county, township or municipal
officer, except a justice or judge of the court system, for willful or
corrupt misconduct in office, may be presented by the grand jury of the
county for or in which the officer accused is elected or appointed.
[1911 Cr. Prac. § 44; RL § 6894; NCL § 10691]—(NRS A 1973, 416;
1977, 937)
The accusation shall state the
offense charged in ordinary and concise language, and without repetition.
[1911 Cr. Prac. § 45; RL § 6895; NCL § 10692]
1. The accusation shall be delivered by the foreman of the grand
jury to the district attorney, unless he is the officer accused.
2. The district attorney shall cause a copy of the accusation to
be served upon the defendant, and by notice in writing shall require the
accused to appear before the district court of the county, at a time
stated in the notice, and answer the accusation. Appearance shall not be
required in less than 10 days from the service of the notice. After
service, the original accusation shall be filed with the clerk of the
district court.
[1911 Cr. Prac. § 46; RL § 6896; NCL § 10693]
The defendant shall appear at the time stated in the notice and
answer the accusation, unless for some sufficient cause the court assigns
another day for that purpose. If he does not appear, the court may
proceed to hear and determine the accusation in his absence.
[1911 Cr. Prac. § 47; RL § 6897; NCL § 10694]
The defendant may answer the accusation either by objecting
to its sufficiency or any article therein, or by denying the truth of the
accusation.
[1911 Cr. Prac. § 48; RL § 6898; NCL § 10695]
If the defendant objects to the legal sufficiency of the
accusation, the objection shall be in writing. The objection need not be
in any specific form. It is sufficient if it presents intelligibly the
grounds of the objection.
[1911 Cr. Prac. § 49; RL § 6899; NCL § 10696]
If the defendant
denies the truth of the accusation, the denial may be oral and without
oath. The denial shall be entered upon the minutes.
[1911 Cr. Prac. § 50; RL § 6900; NCL § 10697]
If the objection to the sufficiency of the accusation is not sustained,
the defendant shall answer thereto forthwith.
[1911 Cr. Prac. § 51; RL § 6901; NCL § 10698]
If the defendant pleads guilty, or
refuses to answer the accusation, the court shall render judgment of
conviction against him. If he denies the matters charged, the court shall
immediately, or at such time as it appoints, try the accusation.
[1911 Cr. Prac. § 52; RL § 6902; NCL § 10699]
The trial shall be
by a jury and conducted in all respects in the same manner as a trial of
an indictment.
[1911 Cr. Prac. § 53; RL § 6903; NCL § 10700]
The district attorney and the
defendant are each entitled to such process as is necessary to enforce
the attendance of witnesses as upon a trial of an indictment.
[1911 Cr. Prac. § 54; RL § 6904; NCL § 10701]
Upon a conviction the court shall immediately, or at such
time as it appoints, pronounce judgment that the defendant be removed
from office. To warrant a removal, the judgment shall be entered upon the
minutes, and the cause of removal shall be assigned therein.
[1911 Cr. Prac. § 55; RL § 6905; NCL § 10702]
1. An appeal from a judgment of removal may be taken to the
Supreme Court in the same manner as from a judgment in other criminal
actions, but until such judgment is reversed the defendant shall be
suspended from his office.
2. Pending the appeal, the office may be filled as in case of
vacancy.
[1911 Cr. Prac. § 56; RL § 6906; NCL § 10703]
The
same proceedings may be had on like grounds for the removal of a district
attorney, except that the accusation shall be delivered to the district
judge of the district. The district judge shall appoint a person to act
as prosecuting officer in the matter, or place the accusation in the
hands of the district attorney of an adjoining county and require him to
conduct the proceedings.
[1911 Cr. Prac. § 57; RL § 6907; NCL § 10704]
REMOVAL FROM OFFICE OTHER THAN BY IMPEACHMENT OR ACCUSATION
1. Any person now holding or who shall hereafter hold any office
in this State, except a justice or judge of the court system, who refuses
or neglects to perform any official act in the manner and form prescribed
by law, or who is guilty of any malpractice or malfeasance in office, may
be removed therefrom as hereinafter prescribed in this section.
2. Whenever a complaint in writing, duly verified by the oath of
any complainant, is presented to the district court alleging that any
officer within the jurisdiction of the court:
(a) Has been guilty of charging and collecting any illegal fees for
services rendered or to be rendered in his office;
(b) Has refused or neglected to perform the official duties
pertaining to his office as prescribed by law; or
(c) Has been guilty of any malpractice or malfeasance in office,
Ê the court shall cite the party charged to appear before it on a certain
day, not more than 10 days or less than 5 days from the day when the
complaint was presented. On that day, or some subsequent day not more
than 20 days from that on which the complaint was presented, the court,
in a summary manner, shall proceed to hear the complaint and evidence
offered by the party complained of. If, on the hearing, it appears that
the charge or charges of the complaint are sustained, the court shall
enter a decree that the party complained of shall be deprived of his
office.
3. The clerk of the court in which the proceedings are had, shall,
within 3 days thereafter, transmit to the Governor or the board of county
commissioners of the proper county, as the case may be, a copy of any
decree or judgment declaring any officer deprived of any office under
this section. The Governor or the board of county commissioners, as the
case may be, shall appoint some person to fill the office until a
successor shall be elected or appointed and qualified. The person so
appointed shall give such bond as security as is prescribed by law and
pertaining to the office.
4. If the judgment of the district court is against the officer
complained of and an appeal is taken from the judgment so rendered, the
officer so appealing shall not hold the office during the pendency of the
appeal, but the office shall be filled as in case of a vacancy.
[21:200:1909; A 1949, 113; 1943 NCL § 4860] + [22:200:1909; A 1949,
113; 1943 NCL § 4861] + [23:200:1909; RL § 2853; NCL § 4862] +
[24:200:1909; RL § 2854; NCL § 4863]—(NRS A 1973, 417; 1977, 937)
1. Any civil officer in this state who, during his term of office,
becomes intoxicated or is under the influence of alcoholic, malt or
vinous liquors, or becomes or is addicted to the use of controlled
substances, so that he is not at all times in proper condition for the
discharge of the duties of his office, is guilty of a gross misdemeanor,
and, if he is a state officer, is subject to removal from office by
impeachment, or if he is a county, city or township officer he shall be
removed from office by the judgment of the court in which the conviction
is had, as a part of the penalty in such a conviction.
2. Upon receiving information from any person that the provisions
of this section have been violated, sheriffs and their deputies,
constables and their deputies, district attorneys, and all other peace
officers in this state shall immediately institute proceedings in the
proper court against the person complained of, and shall prosecute the
same with reasonable diligence to final judgment.
3. If any person makes and files a complaint under oath charging
the district attorney with a violation of this section, the Attorney
General shall prosecute the district attorney pursuant to the terms of
this section.
4. If any state officer is convicted pursuant to this section, the
prosecuting officer obtaining the conviction shall file a certified copy
of the judgment roll with the Secretary of State. The Secretary of State
shall lay the certified copy of the judgment roll before the Legislature
at its next session.
5. The provisions of this section must be specially charged to the
grand juries of the several counties by district judges.
[1:56:1887; A 1933, 11; 1935, 272; 1931 NCL § 4875] + [2:56:1887; A
1935, 272; 1931 NCL § 4876] + [3:56:1887; C § 2084; RL § 2863; NCL §
4877]—(NRS A 1967, 139, 551; 1971, 2027; 1987, 1549)
