2005 Nevada Revised Statutes - Chapter 281 — General Provisions
Title 23 - PUBLIC OFFICERS AND EMPLOYEES
CHAPTER 281 - GENERAL PROVISIONS
DEFINITIONS
NRS 281.005 Publicofficer and special use vehicle defined.
CLASSIFICATION AND COMMISSIONS OF OFFICERS
NRS 281.010 Electedand appointed officers. [Effective until the date on which the voters approve aconstitutional amendment establishing an intermediate court of appeals.]
NRS 281.010 Electedand appointed officers. [Effective on the date on which the voters approve aconstitutional amendment establishing an intermediate court of appeals.]
NRS 281.020 Stateofficers to receive commissions from Governor.
NRS 281.030 Officialoath: Endorsement on commission or certificate of election.
DISQUALIFICATIONS FOR OFFICE OR EMPLOYMENT
NRS 281.040 Eligibilityfor office of honor, profit or trust.
NRS 281.050 Residencefor purposes of eligibility for office is actual residence; determination ofresidence; vacancy in office upon certain changes in residence.
NRS 281.055 Prohibitionagainst filing for or holding more than one elective office at same time;exceptions.
NRS 281.057 Changeof political party: Disqualification for appointment to certain boards andcommissions.
NRS 281.060 Preferentialemployment by State and political subdivisions; employment of aliens; penalty.
DEPUTIES AND SUBORDINATES
NRS 281.080 Deputyto take official oath.
NRS 281.090 Deputiesand clerks to perform work for state boards and commissions withoutcompensation.
HOURS OF EMPLOYMENT
NRS 281.100 Hoursof service of employees of State and political subdivisions; exceptions;penalty.
NRS 281.110 Stateoffices to maintain 40-hour workweeks and remain open during certain hours;exception; variable schedules for workweek.
COMPENSATION OF OFFICERS AND EMPLOYEES
NRS 281.120 Semimonthlypaydays for state officers and employees; exceptions.
NRS 281.121 Compensationfor employees required to wear uniforms.
NRS 281.123 Limitationon maximum salary payable to persons employed by State.
NRS 281.1233 Procedurefor state agency to obtain exception to limitation on salary.
NRS 281.125 Restrictionsupon payment of salary of appointive officer or employee when salary determinedby law.
NRS 281.127 Stateofficers and employees paid one salary for all services rendered; exceptions.
NRS 281.1275 Reductionin salary of certain public officers and employees for part-day absence fromwork prohibited; accounting for part-day absence; exception.
NRS 281.129 Deductionsfrom payroll for state officers and employees; regulations.
NRS 281.130 Salariesand fees of public officers and employees subject to attachment, garnishmentand execution; fraudulent assignment void; restriction on running of statute oflimitations.
NRS 281.140 Stateofficers may sell evidence of public indebtedness issued for services rendered.
NRS 281.145 Leaveof absence for military duty.
NRS 281.147 Leaveof absence for duty as American National Red Cross disaster technician.
NRS 281.149 Leaveof absence for duty as emergency communications technician.
NRS 281.150 Paymentof stipends for educational leave.
NRS 281.153 Programfor temporarily disabled police officers and firefighters: Election of salaryin lieu of compensation for injury or disease; notice to insurer of election toreceive salary; accrual of benefits.
NRS 281.155 Paymentof compensation due to deceased employee of State or political subdivision.
NRS 281.157 Commissionto Review Compensation: Definition.
NRS 281.1571 Commissionto Review Compensation: Creation; composition.
NRS 281.1572 Commissionto Review Compensation: Notification of appointment; terms; removal; vacancy.
NRS 281.1573 Commissionto Review Compensation: Salary; meetings; administrative support.
NRS 281.1574 Commissionto Review Compensation: Quorum; vote required to approve recommendationsregarding compensation.
NRS 281.1575 Commissionto Review Compensation: Duties.
TRAVEL AND SUBSISTENCE FOR STATE OFFICERS AND EMPLOYEES
NRS 281.160 Personsentitled to payment for expenses; rate of allowance for travel; use of privateor special use vehicles; reimbursement of weekend travel expenses; regulations.
NRS 281.165 Districtjudge to submit claims for travel and subsistence to Court Administrator.
NRS 281.167 Paymentof subsistence and expenses of travel and moving on transfer or hiring of stateemployee; repayment on voluntary termination of employment; regulations;claims.
NRS 281.169 Paymentof travel and per diem expenses of applicant for employment; claims.
ADVANCES OF MONEY TO STATE OFFICERS AND EMPLOYEES FOR TRAVELAND SUBSISTENCE
NRS 281.171 Accountfor Travel Advances: Creation; use; duties of State Treasurer.
NRS 281.172 Application;approval by administrative head or State Treasurer; payment upon approval.
NRS 281.173 Advanceconstitutes lien on accrued wages of officer or employee.
NRS 281.174 Paymentfor amount in excess of advance; replenishment of account from which advancewas made.
NRS 281.1745 Cashadvance when reimbursement may be delayed.
NRS 281.175 Regulationsof State Treasurer.
RECORDS
NRS 281.180 Recordof official acts of person taking acknowledgments; liability and penalty.
NRS 281.190 Unlawfulwithholding or destruction of records; penalties.
USE OF COMPUTERS
NRS 281.195 Accessby state agency to computers assigned or loaned to officers, employees andcontractors: Requirements; exceptions; reports of inappropriate use; adoptionof policies and procedures for responding to such reports.
MISCELLANEOUS PROVISIONS AND PROHIBITIONS
NRS 281.210 Officersof State, political subdivision and Nevada System of Higher Educationprohibited from employing relatives; exceptions; penalties. [Effective throughJune 30, 2009.]
NRS 281.210 Officersof State, political subdivision and Nevada System of Higher Educationprohibited from employing relatives; exceptions; penalties. [Effective July 1,2009.]
NRS 281.221 Contractsin which state officer has interest prohibited; exceptions; penalties.
NRS 281.230 Unlawfulcommissions, personal profit and compensation of public officers and employees;penalties; payment of commission, profit or compensation to public employer.
NRS 281.236 Employmentof certain former public officers and employees by regulated businessesprohibited; determination by Commission on Ethics.
NRS 281.240 Grantof authority to discharge duties of public office unlawful; givingconsideration for grant unlawful; penalties.
NRS 281.250 Administrationof oaths and affirmations by officers.
NRS 281.260 Feesfor returns prohibited; computation of mileage; penalty.
NRS 281.270 Officerto prevent duel: Penalty.
NRS 281.280 Officerrefusing to receive or arrest person charged with criminal offense: Penalties.
NRS 281.290 Officerexecuting process may command assistance when resistance made.
NRS 281.310 Auditsand allowances of accounts of state officers: Affidavits; oaths andaffirmations.
NRS 281.320 Withholdingof settlement and payment of accounts of public officers.
NRS 281.330 Advocatingoverthrow of government cause for dismissal of public employee.
NRS 281.340 Obtainingappointment by false letter or certificate: Penalty.
NRS 281.350 Graftingby public officer or employee: Penalty.
NRS 281.360 Failureby public officer or employee to perform duty: Penalty.
NRS 281.370 Actionsconcerning personnel to be based on merit and fitness; discriminationprohibited.
NRS 281.375 Applicationfor employment: Volunteer work must be considered.
NRS 281.380 Publicofficers and employees required to accept reproductions of business records forexamination and other purposes.
NRS 281.390 Sickleave of public employees: Election of benefits; amount limited when eligiblefor benefits for industrial or occupational disease.
NRS 281.400 Coercionrespecting membership in organizations of aged, blind or disabled prohibited.
NRS 281.405 Lienagainst public officer or employee: Validity; lien defined.
ETHICS IN GOVERNMENT
General Provisions
NRS 281.411 Shorttitle.
NRS 281.421 Legislativedeclaration and findings.
NRS 281.431 Definitions.
NRS 281.432 Businessentity defined.
NRS 281.4323 Candidatedefined.
NRS 281.4325 Commissiondefined.
NRS 281.4327 Compensationdefined.
NRS 281.433 Decisiondefined.
NRS 281.4333 ExecutiveDirector defined.
NRS 281.434 Householddefined.
NRS 281.4345 Legislativefunction defined.
NRS 281.435 Memberof the executive branch defined.
NRS 281.4355 Memberof the legislative branch defined.
NRS 281.4357 Paneldefined.
NRS 281.436 Publicemployee defined.
NRS 281.4365 Publicofficer defined.
NRS 281.4375 Willfulviolation defined.
Commission on Ethics
NRS 281.455 Creation;appointment, terms and qualifications of members; prohibited activities bymembers; vacancies.
NRS 281.461 Chairman;meetings; compensation; facilities.
NRS 281.462 Panels:Appointment; members; review and final determination of just and sufficientcause; disqualification of members from participation in further proceedings inmatter.
NRS 281.463 ExecutiveDirector: Appointment; qualifications; classification; prohibited activitiesand other employment.
NRS 281.4635 ExecutiveDirector: Duties; employment of staff.
NRS 281.464 CommissionCounsel: Appointment; qualifications; classification; prohibited activities andother employment.
NRS 281.4645 CommissionCounsel: Duties; legal advice; appointment or employment of other counsel byCommission under certain circumstances.
NRS 281.4647 Assessmentfor administrative costs: Determination; payment by certain cities andcounties; use of proceeds; collection.
NRS 281.465 Jurisdiction.
NRS 281.471 Dutiesof Commission; inclusion of annotations of abstracts and opinions of Commissionin Nevada Revised Statutes.
NRS 281.475 Oaths;written requests and subpoenas for attendance and production of books andpapers.
NRS 281.477 Publichearing on request for opinion as to whether person committed act to impedesuccess of political campaign: Request; notice; response; continuance; actionsof Commission; judicial review of final opinion. [Repealed.]
Code of Ethical Standards
NRS 281.481 Generalrequirements; exceptions.
NRS 281.491 Additionalstandards: Representation and counseling of private person before publicagency; disclosure required.
NRS 281.501 Additionalstandards: Voting by public officers; disclosures required of public officersand employees; effect of abstention from voting on quorum; Legislatorsauthorized to file written disclosure.
NRS 281.505 Contractsin which public officer or employee has interest prohibited; exceptions.
NRS 281.511 Renderingof opinions by Commission: Requests; determination of just and sufficientcause; notice and hearings; confidentiality.
NRS 281.515 Legaldefense of public officer or employee in proceedings relating to opinionrequests.
NRS 281.521 Opinionsof Commission may include guidance to public officer or employee; restrictions.
NRS 281.541 Specializedor local ethics committee: Establishment; functions; confidentiality.
NRS 281.551 Commissionauthorized to impose civil penalties; filing by Commission of report orproceeding concerning willful violation committed by public officer;circumstance in which violation not deemed willful; effect of code uponcriminal law; judicial review; burden of proof.
Miscellaneous Provisions
NRS 281.552 Acknowledgmentof statutory ethical standards: Filing; retention; penalty for willful refusalto file.
NRS 281.553 Publicofficer or employee prohibited from accepting or receiving honorarium;honorarium defined; penalty.
NRS 281.554 Publicofficer or employee prohibited from requesting or otherwise causinggovernmental entity to incur expense or make expenditure to support or opposeballot question or candidate in certain circumstances.
NRS 281.555 Purchaseof goods or services by local government from member of governing body notunlawful or unethical; conditions.
NRS 281.557 Governmentalgrant, contract or lease and certain actions taken in violation of chapter arevoidable; prohibited contract is void; recovery of benefit received as resultof violation.
Financial Disclosure Statement
NRS 281.559 Filingby certain appointed public officers with Commission; Commission to notifySecretary of State of public officers who fail to file or fail to file intimely manner; date on which statement deemed filed.
NRS 281.561 Filingby certain candidates for public office and certain elected public officerswith Secretary of State; date on which statement deemed filed; form; regulations.
NRS 281.571 Contents;distribution of forms; costs related to production and distribution of forms.
NRS 281.573 Retentionby Commission or Secretary of State.
NRS 281.574 Certainpublic officers required to submit electronically to Commission and Secretaryof State list of public officers required to file statement and candidates forpublic office.
NRS 281.575 Candidatesfor public office to receive form and instructions for completion of form.
NRS 281.581 Civilpenalty for failure to disclose: Procedure; amount; waiver.
DISCLOSURE OF IMPROPER GOVERNMENTAL ACTION
NRS 281.611 Definitions.
NRS 281.621 Declarationof public policy.
NRS 281.631 Stateor local governmental officer or employee prohibited from using authority orinfluence to prevent disclosure of improper governmental action by anotherstate or local governmental officer or employee.
NRS 281.635 Localgovernment authorized to enact ordinance providing greater protection to localgovernmental officers and employees against reprisal and retaliation.
NRS 281.641 Reprisalor retaliatory action against state officer or employee who discloses impropergovernmental action: Written appeal; hearing; order; negative ruling may not bebased on identity of persons to whom disclosure was made; rules of procedure.
NRS 281.645 Reprisalor retaliatory action against local governmental officer or employee whodiscloses improper governmental action: Procedures for hearing appealsestablished by ordinance; contents of ordinance.
NRS 281.651 Useof provisions for harassment prohibited; disciplinary procedures authorized fordisclosure of untruthful information.
NRS 281.661 Summaryof provisions to be prepared and made available to state and local governmentalofficers and employees each year.
NRS 281.671 Effectof provisions upon criminal law.
_________
DEFINITIONS
NRS
1. Except as limited for the purposes of
(a) Is established by the Constitution or a statute ofthis State, or by a charter or ordinance of a political subdivision of thisState; and
(b) Involves the continuous exercise, as part of theregular and permanent administration of the government, of a public power,trust or duty.
2. Special use vehicle means any vehicle designed orused 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
NRS
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 ofRepresentatives of the United States to which this State may be entitled.
(e) The number of presidential electors to which thisState 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 bylaw.
(n) For each county, and the equivalent officers forCarson City:
(1) One county clerk, who is ex officio clerk ofthe board of county commissioners and clerk of the district court of hiscounty.
(2) One sheriff.
(3) One district attorney.
(4) One public administrator, except whereotherwise provided by law.
(5) One county assessor, except where otherwiseprovided by law.
(6) One county treasurer, except where otherwiseprovided by law.
(7) The number of county commissioners asprovided by law.
(8) One county recorder, who is ex officiocounty auditor of his county if a county comptroller has not been appointed inhis county.
(9) Justices of the peace.
(10) Constables, except where otherwise providedby 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)
NRS 281.010
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 ofRepresentatives of the United States to which this State may be entitled.
(e) The number of presidential electors to which thisState 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 bylaw.
(n) For each county, and the equivalent officers forCarson City:
(1) One county clerk, who is ex officio clerk ofthe board of county commissioners and clerk of the district court of hiscounty.
(2) One sheriff.
(3) One district attorney.
(4) One public administrator, except whereotherwise provided by law.
(5) One county assessor, except where otherwiseprovided by law.
(6) One county treasurer, except where otherwiseprovided by law.
(7) The number of county commissioners asprovided by law.
(8) One county recorder, who is ex officiocounty auditor in counties in which a county comptroller has not beenappointed.
(9) Justices of the peace.
(10) Constables, except where otherwise providedby 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,
NRS
1. All state officers shall receive their commissionsfrom the Governor.
2. All commissions of officers shall be in the nameand by the authority of the State of Nevada, and shall be sealed with the greatseal of the State, signed by the Governor, and countersigned by the Secretaryof 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]
NRS
1. The official oath, except in the cases specified inNRS 218.090,
2. Every officer, whose oath of office is required tobe endorsed on his commission or certificate of election, shall take andsubscribe to the oath at the time of the reception of the commission orcertificate.
3. The oath shall be taken, and, except in the casesprescribed in NRS 218.090,
[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
NRS
[Part 2:108:1866; A 1953, 711; 1955, 459]
NRS
1. Theresidence of a person with reference to his eligibility to office is his actualresidence within the State or county or district, as the case may be, duringall the period for which residence is claimed by him. If any person absentshimself from the jurisdiction of his residence with the intention in good faithto return without delay and continue his residence, the period of absence mustnot be considered in determining the question of residence.
2. If acandidate who has filed for elective office moves his residence out of theState, county, district, ward, subdistrict or any other unit prescribed by lawfor which he is a candidate and in which he is required actually, as opposed toconstructively, to reside, a vacancy is created thereby and the appropriateaction for filling the vacancy must be taken. A person shall be deemed to havemoved his residence for the purposes of this section if:
(a) He hasacted affirmatively to remove himself from one place; and
(b) He has anintention to remain in another place.
3. Thedistrict court has jurisdiction to determine the question of residence in anaction for declaratory judgment.
4. As used in this section, actual residence meansthe place where a person is legally domiciled and maintains a permanenthabitation. If the person maintains more than one such habitation, the place hedeclares to be his principal permanent habitation when filing a declaration oraffidavit pursuant to NRS 293.177 or
[Part 1:158:1911; RL 3609; NCL 6405](NRS A 1971,433; 1975, 616; 1999,2170)
NRS
1. Except as otherwise provided in subsection 2, no personmay:
(a) File nomination papers for more than one electiveoffice at any election.
(b) Hold more than one elective office at the sametime.
2. The provisions of subsection 1 shall not beconstrued to prevent any person from filing nomination papers for or holding anelective office of any special district (other than a school district), such asan irrigation district, a local or general improvement district, a soilconservation district or a fire protection district, and at the same timefiling nomination papers for or holding an elective office of the State, or anypolitical subdivision or municipal corporation thereof.
(Added to NRS by 1961, 299; A 1965, 169)
NRS
(Added to NRS by 1971, 50)
NRS
1. Only citizens or wards of the United States orpersons who have been honorably discharged from the military service of theUnited States may be employed by any officer of the State of Nevada, by anypolitical subdivision of the State, or by any person acting under or for suchan officer in any office or department of the State of Nevada or politicalsubdivision 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 personnelof 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 orby any political subdivision of the State, on street or road work or otherpublic work.
(b) The employment of aliens, who have not forfeitedtheir right to citizenship by claiming exemption from military service, ascommon laborers in the construction of public roads, when it can be shown thatcitizens or wards of the United States or persons who have been honorablydischarged from the military service of the United States are not available forsuch employment. Any alien so employed must be replaced by a citizen, ward orex-service person of the United States applying for employment.
(c) The employment of any teacher, instructor orprofessor authorized to teach in the United States under the teacher-exchangeprograms as authorized by federal laws enacted by the Congress of the UnitedStates.
(d) Except as otherwise provided in this paragraph, theemployment of aliens by the Nevada System of Higher Education in the technical,graduate assistant and student categories. Except in the foreign languagedepartments, not more than 5 percent of the total number of persons employed inthe technical, graduate assistant and student categories may be aliens.
(e) Employment of aliens in any state or politicalsubdivision hospital.
4. Subject to the exceptions contained in thissection, money must not be paid out of the state treasury or out of thetreasury of any political subdivision of the State to any person employed onany of the work mentioned in this section unless the person is a citizen orward or naturalized citizen of the United States.
5. Any officer of the State of Nevada, or of anypolitical subdivision of the State, or any person acting under or for such anofficer, or any other person who violates any of the provisions of this sectionis guilty of a misdemeanor. The penalties provided for in this section do notapply where the violations result from misrepresentations made by the employeeby the production of fraudulent papers evidencing citizenship in the UnitedStates.
[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
NRS
[28:108:1866; B 2626; BH 1663; C 1809; RL 2792; NCL 4792]
NRS
[5:32:1881; BH 2298; C 2096; RL 4392; NCL 7551](NRS A 1969, 32)
HOURS OF EMPLOYMENT
NRS
1. Except as otherwise provided in this section and
2. The period of daily employment mentioned in thissection commences from the time the employee takes charge of any equipment ofthe employer or acts as an assistant or helper to a person who is in charge ofany equipment of the employer, or enters upon or into any conveyance of oroperated by or for the employer at any camp or living quarters provided by theemployer 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 ofthe State whose employment is governed by NRS284.148.
(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 firedepartment, or to nurses in training or working in hospitals, or to police,deputy sheriffs or jailers;
(2) Chose and are approved for a variableworkday or variable 80-hour work schedules within a biweekly pay period;
(3) Work more than 8 hours but not more than 10hours in any 1 workday or 40 hours in any 1 workweek;
(4) Are executive, administrative, professionalor supervisory employees; or
(5) Are covered by a collective bargainingagreement which establishes hours of service.
(c) Employees of the Legislative Counsel Bureau.
(d) Work done directly by any public utility companypursuant to an order of the Public Utilities Commission of Nevada or otherpublic authority.
4. Any employee whose hours are limited by subsection1 may be permitted, or in case of emergency where life or property is inimminent danger may be required, at the discretion of the officer responsiblefor his employment, but subject to any agreement made pursuant to
(a) Compensatory vacation time; or
(b) Overtime pay.
5. Any officer or agent of the State of Nevada, or ofany county, city, town, township, or other political subdivision thereof, whoseduty it is to employ, direct or control the services of an employee covered bythis section, who violates any of the provisions of this section as to thehours of employment of labor as provided in this section, is guilty of amisdemeanor.
[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)
NRS
1. Unless required for the efficient transaction ofbusiness and the convenience of the persons with whom business is transacted,the offices of all state officers, departments, boards, commissions andagencies must:
(a) Maintain not less than a 40-hour workweek.
(b) Be open for the transaction of business at leastfrom 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 inthose agencies where coverage is needed on Saturdays, Sundays and legalholidays 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 hoursset forth in paragraph (b) of subsection 1 must remain open during the noonhour of each working day if any such office has more than one person on itsstaff.
[1:294:1949; 1943 NCL 6957.01](NRS A 1971, 589;1973, 79; 2003, 1435)
COMPENSATION OF OFFICERS AND EMPLOYEES
NRS
1. Except as otherwise provided in this section, allstate officers and regular and temporary employees of this State are entitledto receive salaries as fixed by law in two equal semimonthly payments. Thefirst semimonthly payment for each month must be for the first half of thatparticular month, and the second semimonthly payment must be for the last halfof the month.
2. All payrolls must be submitted by individualagencies immediately after the 15th and last day of each month for approval bythe Department of Personnel, and salary checks as approved by the StateController must be issued not later than 10 calendar days following the end ofeach semimonthly pay period.
3. A state agency or department may be permitted topay salaries, within the limits fixed by law, at regular 2-week intervals, whenit is established to the satisfaction of the Governor that this method ofpayment will expedite and assist the work of the agency or department withoutinconvenience to other agencies or departments.
[1:179:1941; A 1949, 406; 1951, 77](NRS A 1965, 53;1981, 1683; 1983, 618)
NRS
1. An employee of the State of Nevada who is requiredto purchase and wear a uniform while performing his duties is entitled toreceive from his employer each quarter an allowance which is equal toone-fourth of the cost of the uniform he is required to wear, including thecost of any required accessories such as a flashlight, gun or whistle. Theemployer shall determine the cost of the required uniform and accessories atthe beginning of each quarter and determine the allowance accordingly.
2. In addition to the quarterly allowance, a personwho:
(a) Is hired by the State of Nevada for a position; or
(b) Assumes a position which is new to that person,
for which heis required to purchase and wear a uniform is entitled to an initial reimbursementfor the cost of one uniform and any required accessories.
3. An employer must obtain the prior approval of theBudget Division of the Department of Administration before designating auniform to be worn by an employee pursuant to subsection 1.
(Added to NRS by 1983, 1044)
NRS
1. Except as otherwise provided in subsection 3 or
2. As used in subsection 1, the term salary:
(a) Includes any:
(1) Payment received by an employee for beingavailable to work although he was not actually required to perform the work;
(2) Increase in salary provided to compensatefor a rise in the cost of living;
(3) Payment received under a plan established toencourage continuity of service; and
(4) Payment received as compensation forpurportedly performing additional duties.
(b) Excludes any:
(1) Payment received as compensation forovertime even if that payment is otherwise authorized by law; and
(2) Rent or utilities supplied to an employee ifhe is required by statute or regulation to live in a particular dwelling.
3. The provisions of subsection 1 do not apply to thesalaries of:
(a) Dentists and physicians employed full-time by theState; or
(b) Officers and employees of the Nevada System ofHigher Education.
(Added to NRS by 1975, 1846; A 1977, 1041, 1325;1979, 1320; 1981, 1159, 1639, 2018; 1985, 39; 1993, 373)
NRS
1. The Interim Finance Committee may approveapplications from agencies of the State for exceptions to limitations onsalaries which are expressed as percentages of salaries paid to another personor authorized for another position.
2. The chief officer of a state agency may submitapplications for exceptions for any person or position within his agency to theGovernor who shall review and transmit them with his recommendation to theInterim Finance Committee.
3. The Interim Finance Committee may approve anexception under this section if it finds that:
(a) If the application is for a particular officer oremployee, the person has exhibited exceptional qualifications or ability; or
(b) If the application is for a position, the positionrequires unusual skill, ability, knowledge or some other quality, and thatunder statutory salary limitations there is no qualified person seeking to fillthe position.
4. The Interim Finance Committee shall return anapplication for a state officer, employee or position to the chief officer ofthe agency with its approval or disapproval and, if it has approved theexception, make an allocation from the contingency fund, unless the exceptionis to begin on or after July 1 of an odd-numbered year and provision has beenmade in the agency budget for the increase in salary.
(Added to NRS by 1977, 1040; A 1979, 965)
NRS
(Added to NRS by 1957, 350; A 1981, 1521;
NRS
1. Unless otherwise provided by law, no public officeror employee whose salary is set by law, whether or not he serves the State inmore than one capacity, may be paid more than one salary for all servicesrendered to the State.
2. The provisions of subsection 1 do not apply to anypublic officer or employee for salaries:
(a) For any ex officio duties he may be required by lawto perform.
(b) For teaching during off-duty hours in aneducational program sponsored by a governmental authority if he is notregularly employed in such program by that governmental authority.
(Added to NRS by 1959, 197; A 1979, 58)
NRS
1. Except as permitted by the federal Family andMedical Leave Act of 1993, the salary of a public officer or employee of theState or any agency thereof, or of a political subdivision or any agencythereof, 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 andone-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 anofficer or employee of the Legislative Branch of government, except an officeror employee of the legislative library.
(Added to NRS by 1991, 1150; A 1993, 2090)
NRS
1. Any officer of the State, except the LegislativeFiscal Officer, who disburses money in payment of salaries and wages ofofficers and employees of the State:
(a) May, upon written requests of the officer oremployee 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 ofsavings bonds and similar obligations of the United States; and
(5) Employee organizations and labororganizations.
(b) Shall, upon receipt of information from the PublicEmployees Benefits Program specifying amounts of premiums or contributions forcoverage by the Program, withhold those amounts from the salaries or wages ofofficers and employees who participate in the Program and pay those amounts tothe Program.
2. The State Controller may adopt regulationsnecessary to withhold money from the salaries or wages of officers andemployees of the Executive Department.
(Added to NRS by 1981, 655; A 1991, 658;
NRS
1. The fees and salaries of all persons holding officeor positions of profit under the government of the State of Nevada, or underany county, township, city, town or school district within the State, shall besubject to attachment and execution for all debts and liabilities created orincurred by such officials or other persons. All assignments, sales ortransfers of such fees and salaries, previous to becoming due, unless made ingood faith and not to defraud creditors, shall be void as against all suchdebts and liabilities.
2. In case of the garnishment or attachment of anyauditor, treasurer or disbursing officer, under the provisions of this section,such officer so garnished or holding the funds or property attached may pay thesum named, or deliver the property named in the garnishment or attachment, intothe court issuing the same, taking the receipt of the court therefor, whichshall be a full release of the disbursing officer from the garnishment orattachment.
3. The statute of limitations shall not run againstany indebtedness of such officer or person, existing at the time of hisentering upon the duties of his office or position, during the time such officeor 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]
NRS
[Part 99:108:1866; B 2697; BH 1734; C 1880; RL 2846; NCL 4846]
NRS
(Added to NRS by 1981, 527)
NRS
(Added to NRS by 1995, 187; A
NRS
1. Any public officer or employee of the State or anyagency thereof, or of a political subdivision or an agency of a politicalsubdivision, who is an emergency communications technician must be relievedfrom his duties, upon the request of the Division of Emergency Management ofthe Department of Public Safety or a local organization for emergencymanagement and the approval of his employer, to assist the division or local organizationfor emergency management during a disaster or emergency that occurs in thisstate, California, Oregon, Idaho, Utah or Arizona, without loss of his regularcompensation for a period of not more than 15 working days in any calendaryear. No such absence may be a part of the annual vacation of the publicofficer or employee which is provided for by law.
2. As used in this section:
(a) Disaster has the meaning ascribed to it in
(b) Emergency has the meaning ascribed to it in
(c) Emergency communications technician means aperson who is:
(1) Licensed by the Federal Communications Commissionas an amateur radio operator; and
(2) A member of:
(I) The Radio Amateur Civil EmergencyService or a successor organization sponsored by the agency of the FederalGovernment for emergency management; or
(II) The Amateur Radio Emergency Serviceor a successor organization sponsored by the American Radio Relay League or itssuccessor.
(d) Local organization for emergency management hasthe meaning ascribed to it in NRS 414.036.
(Added to NRS by
NRS
1. Pursuant to the provisions of
2. Notwithstanding the provisions of
3. The provisions of NRS284.343 do not apply to employees of the Rehabilitation Division of theDepartment of Employment, Training and Rehabilitation where the educationalexpenses are paid from money made available by the Federal Government oranother source to assist the recipient to remain current in techniques andprocedures relating to his employment. No person may be granted assistanceunder this subsection without the prior approval of the Director of theDepartment of Employment, Training and Rehabilitation as to educational subjectmatter.
[1:152:1953] + [2:152:1953](NRS A 1960, 156; 1963,898; 1965, 397; 1971, 570, 1324; 1973, 1406; 1993, 1549; 1997, 2337)
NRS
1. The employer of a police officer or firefighter mayestablish a program that allows a police officer or firefighter whom it employswho has suffered a catastrophe resulting in temporary total disability to electto continue to receive his normal salary for a period of not more than 1 yearin lieu of receiving the compensation for the industrial injury or occupationaldisease for which he is eligible pursuant to chapters616A to 616D, inclusive, or
2. A program established pursuant to subsection 1:
(a) Must prescribe the conditions pursuant to which apolice officer or firefighter is eligible to receive his normal salary inaccordance with an election pursuant to subsection 1; and
(b) May allow a police officer or firefighter to returnto light-duty employment or employment modified according to his physicalrestrictions or limitations and receive his normal salary during the period ofhis election pursuant to subsection 1.
3. Unless the employer is self-insured or a member ofan association of self-insured public or private employers, the employer shallnotify the insurer that provides industrial insurance for that employer of theelection by a police officer or firefighter pursuant to subsection 1. When thepolice officer or firefighter is no longer eligible to receive his normalsalary pursuant to such an election, the employer shall notify the insurer sothat the insurer may begin paying to the police officer or firefighter thebenefits, if any, for industrial insurance for which the police officer orfirefighter is eligible. If the employer is self-insured or a member of anassociation of self-insured public or private employers and the police officeror firefighter is no longer eligible to receive his normal salary in accordancewith an election pursuant to subsection 1, the employer shall begin paying thebenefits, if any, for industrial insurance to which the police officer orfirefighter is entitled.
4. During the period in which the police officer orfirefighter elects to receive his normal salary pursuant to subsection 1, heaccrues sick leave, annual leave and retirement benefits at the same rate atwhich he accrued such leave and benefits immediately before the election.
5. As used in this section:
(a) Catastrophe means an illness or accident arisingout of or in the course of employment which is life threatening or which willrequire a period of convalescence that an attending physician expects to exceed30 days and because of which the employee is unable to perform the duties ofhis position.
(b) Police officer has the meaning ascribed to it in
(Added to NRS by 1997, 2220; A
NRS
1. If the employee has filed a written designation ofbeneficiary, the final payment of compensation due a deceased employee of theState, or of any county, city, town, township, district or any other politicalsubdivision of the State, is not his property or that of his estate but must bereleased to the designated beneficiary upon the written request of thebeneficiary.
2. If the deceased employee has not filed such adesignation with his employing public entity, the final payment is a part ofthe employees personal estate.
3. As used in this section, final payment means thenet amount due the employee after the deduction of all lawfully withheld sumsfrom the employees gross compensation.
(Added to NRS by 1975, 1153; A 1981, 562)
NRS
(Added to NRS by 1993, 2633)
NRS
1. There is hereby created a Commission to Review theCompensation 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 followingpersons:
(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 SupremeCourt.
(f) Three members by the Governor.
3. The Commission shall elect a Chairman and suchother officers as it deems necessary from among its members.
4. A current officer or employee of the State or anyof its political subdivisions must not be appointed as a member of theCommission.
5. The members appointed by the Governor must beselected 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 submittedby the Nevada Association of Counties.
(Added to NRS by 1993, 2634)
NRS
1. Members of the Commission must be appointed on orbefore January 15 of each even-numbered year. The Director of the LegislativeCounsel Bureau must be notified of the appointment of each member.
2. The term of each member of the Commission expiresat the end of the next regular session of the Legislature following theappointment. Members are eligible for reappointment.
3. A member of the Commission may be removed by theGovernor before the expiration of his term for misconduct in office,incompetence or neglect of duty.
4. If a vacancy occurs in the membership of theCommission, the Governor shall appoint a person to fill the vacancy for theremainder of the unexpired term.
(Added to NRS by 1993, 2634)
NRS
1. Each member of the Commission is entitled toreceive $80 for each day that he attends a regularly called meeting of theCommission.
2. The first meeting of the Commission must be held onor 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 deemsnecessary.
3. The Director of the Legislative Counsel Bureaushall provide the Commission with administrative support.
(Added to NRS by 1993, 2634)
NRS
(Added to NRS by 1993, 2634)
NRS
1. The Commission shall:
(a) Review the compensation paid to constitutionalofficers, Supreme Court justices, district judges and elected county officers.
(b) Review the compensation paid to the members of theLegislature during and between legislative sessions.
(c) Hold public hearings to discuss the issues andreceive public comment.
(d) If it determines that changes in legislation arerequired, request the assistance of the Legislative Counsel in the preparationof a bill draft on or before November 15 of each even-numbered year. Uponcompletion of the bill draft, the Legislative Counsel shall deliver the billdraft to the appropriate standing committee of the Assembly or Senate withinthe first week of the next regular legislative session for introduction.
2. In reviewing the issues of compensation required bysubsection 1, the Commission shall:
(a) Compare the current salaries of persons withsimilar qualifications who are employed by the State of Nevada and in thepublic sector;
(b) Determine the minimum salary required to attractand retain experienced and competent persons; and
(c) Consider the average number of days thatLegislators serve during their term, the amount of work required of Legislatorswhen the Legislature is not in regular session, and the opportunities they haveto earn additional income from outside sources.
3. The Commission may recommend that any increase inthe compensation of a county officer apply retroactively if not prohibited bylaw.
(Added to NRS by 1993, 2634)
TRAVEL AND SUBSISTENCE FOR STATE OFFICERS AND EMPLOYEES
NRS
1. Except as otherwise provided in subsection 2 or 5,or by specific statute, any district judge, state officer, state employee ormember 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 branchor agency thereof, or from private or any other sources, is entitled to receivehis expenses in the transaction of public business outside of the municipalityor other area in which his principal office is located, to be paid at the rateof $84 for each 24-hour period during which he is away from the office andwithin the State, and $26 in addition to a reasonable room rate for each24-hour period during which he is outside of the State.
2. Any person enumerated in subsection 1 is entitledto receive expenses for a period of less than 24 hours in accordance withregulations of the State Board of Examiners conforming generally to thoserates.
3. Any person enumerated in subsection 1 is entitledto receive an allowance for transportation in the transaction of public business,whether within or outside of the municipality or other area in which hisprincipal office is located. Transportation must be by the most economicalmeans, considering total cost, time spent in transit and the availability ofstate-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 fortravel by private conveyance. The rate must equal the standard mileagereimbursement rate for which a deduction is allowed for the purposes of federalincome tax that is in effect at the time the annual rate is established. If aprivate conveyance is used for reasons of personal convenience in transactionof state business, the allowance for travel is one-half the established rate.
4. The State Board of Examiners may establish atransportation allowance for the use of private, special use vehicles on publicbusiness by any person enumerated in subsection 1, whether within or outside ofthe municipality or other area in which his principal office is located. Theallowance must be established at rates higher than the rates established insubsection 3.
5. The State Board of Examiners may establish:
(a) A room rate in excess of the normal allowance forreimbursement of employees who are required to travel on weekends to serve theneeds of the public. The Board may require the submission of receipts as acondition of reimbursement at the special rate.
(b) Reasonable rates for expenses outside of the UnitedStates that will allow a person to purchase the same quality of food as thedomestic rate allows.
6. The State Board of Examiners shall adoptregulations, and shall require other state agencies to adopt regulations, inaccordance with the purpose of this section, and a state agency may, with theapproval of the State Board of Examiners, adopt a rate of reimbursement lessthan the amounts specified in subsection 1 where unusual circumstances makethat 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;
NRS
(Added to NRS by 1961, 401; A 1965, 53; 1989, 328)
NRS
1. A state agency, board or commission may pay for thetravel, subsistence and expenses of moving household furnishings and appliancesof an employee and his family if:
(a) The agency, board or commission transfers, for theconvenience of the State, an employee with permanent status from one locationto another for permanent assignment;
(b) The agency, board or commission accepts an employeewho, for the convenience of the State, changes his employment from anotheragency, board or commission; or
(c) The employee:
(1) Was hired for a permanent position, whetherclassified or unclassified, for which there is a critical need and which cannototherwise be filled; and
(2) Moved from a location which was at least 50miles from his new location.
2. If an employee who has been reimbursed pursuant toparagraph (c) of subsection 1 voluntarily terminates his employment within 1year after beginning work, he must repay to the State the amount of thereimbursement. The agency, board or commission may withhold from the employeesregular 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 andsubsistence for the employee and his family must be determined by regulationsof the State Board of Examiners.
4. All requests for payment pursuant to this sectionmust be submitted to the State Board of Examiners before obligations areincurred. Upon approval by the State Board of Examiners, claims must besubmitted for payment in the same manner as other claims against the state frommoney available to the agency, board or commission.
(Added to NRS by 1971, 509; A 1987, 402)
NRS
1. Except as otherwise provided in subsection 3, astate agency, board or commission may pay for the travel and per diem expensesof the three most highly rated applicants for a permanent position with thatagency, board or commission incurred while those applicants are beinginterviewed for that position.
2. If such an applicant must travel from another stateto be interviewed, the expenses must be paid at the rate established by theState Board of Examiners for state employees traveling outside the State. Ifsuch an applicant must travel from within the State to be interviewed, theexpenses must be paid at the rate established by the State Board of Examinersfor state employees traveling within the State.
3. If the position is offered to one of the applicantsand he does not accept it, the agency, board or commission may not pay for thatapplicants expenses.
4. All requests for payment pursuant to this sectionmust be submitted to the State Board of Examiners before obligations areincurred. Upon approval by the State Board of Examiners, claims must besubmitted for payment in the same manner as other claims against the State frommoney available to the agency, board or commission.
(Added to NRS by 1987, 402)
ADVANCES OF MONEY TO STATE OFFICERS AND EMPLOYEES FORTRAVEL AND SUBSISTENCE
NRS
1. The Account for Travel Advances is hereby created.Money in the Account must be used by the State Treasurer to provide advancemoney to state officers and employees for travel expenses and subsistenceallowances.
2. The State Treasurer shall deposit the money in theAccount in a bank or credit union qualified to receive deposits of publicmoney, and the deposit must be secured by collateral satisfactory to the StateBoard of Examiners.
3. The State Treasurer or any of his officers oremployees whom he has designated for this purpose may sign all checks andwarrants drawn upon the Account.
(Added to NRS by 1959, 304; A 1961, 17; 1975, 167;1979, 103; 1989, 311; 1999,1466)
NRS
1. Any state officer or employee may apply for advancemoney for authorized travel expenses and subsistence allowances arising out ofhis official duties or employment in the amounts as provided for in
2. If the administrative head or his designee approvesthe request, he shall process a voucher for a cash advance for travel in theapproved amount in the same manner as other claims against the State areprocessed.
3. Unless otherwise approved by the Budget Division ofthe Department of Administration before the travel occurs, all cash advancesfor travel issued by the administrative head or his designee must be charged tothe budget account to which money was appropriated or authorized forexpenditure for the travel.
4. If the administrative head or his designee cannotprocess a cash advance for travel because of a temporary budget restriction,the administrative head or his designee may forward a copy of the request andapproval to the State Treasurer.
5. Upon receiving a copy of the request and approvalfrom the administrative head or his designee, the State Treasurer or one of hisofficers or employees whom he has designated for the purpose may issue a checkor warrant drawn upon the Account for Travel Advances for the amount of theadvance requested.
(Added to NRS by 1959, 304; A 1960, 299; 1975, 167;1979, 104; 1989, 311; 1997, 1288)
NRS
(Added to NRS by 1959, 304; A 1997, 1289)
NRS
1. Upon the return of the officer or employee, he isentitled to receive any authorized expenses and subsistence allowances inexcess of the amount advanced, and a sum equal to the advance must be paid intothe account from which the advance was made.
2. If an advance is not repaid, the administrativehead or his designee or the State Treasurer may file a claim with the StateBoard of Examiners for money to replenish the account from which the advancewas made. If the State Board approves the claim it must be paid from theReserve for Statutory Contingency Account.
3. If an officer or employee of an agency terminateshis employment after he receives a payment from the Account for Travel Advancesbut before repayment to the Account, the State Treasurer may collect from theagency the amount advanced.
(Added to NRS by 1959, 304; A 1983, 387, 1090; 1985,62; 1989, 311; 1991, 1758; 1997, 1289)
NRS
(Added to NRS by 1997, 1288)
NRS
(Added to NRS by 1959, 304; A 1997, 1289)
RECORDS
NRS
1. Each person authorized by law to take the proof oracknowledgment of the execution of conveyances of real property, or otherinstrument required by law to be proved or acknowledged, shall keep a record ofall his official acts in relation thereto in a book to be provided by him forthat 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 oracknowledged.
(d) The names of each of the parties thereto, asgrantor, grantee or otherwise.
Duringbusiness hours, the record shall be open to public inspection without fee orreward.
2. Any person mentioned in subsection 1 who refuses orneglects 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 anyperson injured by such refusal or neglect to the extent of the injury sustainedby 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)
NRS
1. If an officer whose office is abolished by law, orwho, after the expiration of the term for which he is appointed or elected, orafter he has resigned, or when legally removed from office, willfully or unlawfullywithholds or detains from his successor, or other person entitled thereto bylaw, the records, papers, documents or other writings pertaining or belongingto his office, or mutilates, destroys or takes away any such writing, theperson so offending is guilty of a category D felony and shall be punished asprovided in NRS 193.130.
2. The provisions of this section apply to any personwho has the records, documents, papers or other writings in his possession, andwillfully 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
NRS
1. Except as otherwise provided in subsection 3, astate agency that accesses or causes to be accessed a computer of the stateagency 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 theduties of his position shall notify the officer, employee or contractor of suchaccess.
2. The notice of access required pursuant tosubsection 1 must be provided in a uniform and understandable format. The noticemay be provided before or after such access occurs, but not more than 48 hoursbefore or 48 hours after such access occurs.
3. The head of a state agency, any state officer towhom the head of the state agency reports or the appointee or designee of eithermay authorize the access of a computer of the state agency without providingthe 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 conductedwithin the state agency by the personnel of the state agency as authorized bylaw and any information concerning such access is kept in a file maintained bythe state agency pertaining to the investigation; or
(2) An investigation which is conducted by astate or federal law enforcement agency.
(b) Except as otherwise provided in subsection 5, ifthe access occurs in the course of regular or routine maintenance conducted byan employee of the state agency whose duties include the regular or routinemaintenance of the computers of the state agency and the state agency hasadopted by regulation and implemented the procedure set forth in subsection 4.
(c) If a state agency has adopted by regulation theprocedure set forth in subsection 4 and the access occurs after recording theinformation required pursuant to subsection 4.
4. A state agency may adopt by regulation a procedureto record access to computers of the state agency in a log maintained by thestate agency for that purpose. If a state agency adopts such a procedure, theprocedure must include, without limitation, a requirement for the recording ofthe following information concerning the access in the log:
(a) The date on which the access will occur and, ifknown, the time at which the access will occur on that date;
(b) As determined by the officer, appointee or designeewho authorizes the access, a reasonable explanation of the exigentcircumstances or other relevant considerations which justify accessing thecomputer without the knowledge of the officer, employee or contractor to whomthe agency has assigned or loaned the computer;
(c) The name of each person who will be authorized orrequired to perform the access;
(d) The name of each person who will be allowed toexamine information stored on the computer or retrieved from the computer; and
(e) The name of each person who will be authorized orrequired to archive, maintain, store, transfer, transmit or destroy informationretrieved from the computer.
The logdescribed in this subsection, and any entries in that log, are confidential andnot public books or records within the meaning of
5. If an employee discovers evidence of inappropriateuse while accessing a computer to perform regular or routine maintenance:
(a) The employee shall provide the details of thealleged inappropriate use to the officer, appointee or designee who authorizedthe access, and to any other appropriate personnel of the state agency; and
(b) Information concerning the access must be recordedin the log maintained by the state agency.
6. Each state agency that has adopted a policy for theuse of the computers of the state agency shall adopt policies and proceduresfor 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 informationstored on a computer, whether such actions are carried out directly orremotely.
(b) Inappropriate use means the use of a computer ofa state agency in a manner that:
(1) If the state agency is an agency of theExecutive Branch of State Government, violates the written policy created bythe agency pursuant to NRS 242.300.
(2) If the state agency is an agency of theLegislative or Judicial Branch of State Government, violates the policy, ifany, 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
MISCELLANEOUS PROVISIONS AND PROHIBITIONS
NRS
1. Except as otherwise provided in this section, it isunlawful for any person acting as a school trustee, state, township, municipalor county officer, or as an employing authority of the Nevada System of HigherEducation, any school district or of the State, any town, city or county, orfor any state or local board, agency or commission, elected or appointed, toemploy in any capacity on behalf of the State of Nevada, or any county,township, municipality or school district thereof, or the Nevada System ofHigher Education, any relative of such a person or of any member of such aboard, agency or commission who is within the third degree of consanguinity oraffinity.
2. This section does not apply:
(a) To school districts, when the teacher or otherschool employee is not related to more than one of the trustees or person whois an employing authority by consanguinity or affinity and receives a unanimousvote of all members of the board of trustees and approval by the Department ofEducation.
(b) To school districts, when the teacher or otherschool employee has been employed by an abolished school district oreducational district, which constitutes a part of the employing county schooldistrict, and the county school district for 4 years or more before April 1,1957.
(c) To the spouse of the warden of an institution ormanager of a facility of the Department of Corrections.
(d) To relatives of blind officers and employees of theBureau of Services to the Blind and Visually Impaired of the RehabilitationDivision of the Department of Employment, Training and Rehabilitation whenthose relatives are employed as automobile drivers for those officers andemployees.
(e) To relatives of a member of a town board of a townwhose population is less than 300.
3. Nothing in this section:
(a) Prevents any officer in this State, employed undera flat salary, from employing any suitable person to assist in any suchemployment, when the payment for the service is met out of the personal moneyof the officer.
(b) Disqualifies any widow with a dependent as anemployee 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 ofthis section must not be compensated for the employment.
5. Any person violating any provisions of this sectionis 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;
NRS 281.210
1. Except as otherwise provided in this section, it isunlawful for any person acting as a school trustee, state, township, municipalor county officer, or as an employing authority of the Nevada System of HigherEducation, any school district or of the State, any town, city or county, orfor any state or local board, agency or commission, elected or appointed, toemploy in any capacity on behalf of the State of Nevada, or any county, township,municipality or school district thereof, or the Nevada System of HigherEducation, 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 oraffinity.
2. This section does not apply:
(a) To school districts, when the teacher or otherschool employee is not related to more than one of the trustees or person whois an employing authority by consanguinity or affinity and receives a unanimousvote of all members of the board of trustees and approval by the Department ofEducation.
(b) To school districts, when the teacher or otherschool employee has been employed by an abolished school district oreducational district, which constitutes a part of the employing county schooldistrict, and the county school district for 4 years or more before April 1,1957.
(c) To the spouse of the warden of an institution ormanager of a facility of the Department of Corrections.
(d) To relatives of blind officers and employees of theBureau of Services to the Blind and Visually Impaired of the RehabilitationDivision of the Department of Employment, Training and Rehabilitation whenthose relatives are employed as automobile drivers for those officers andemployees.
3. Nothing in this section:
(a) Prevents any officer in this State, employed undera flat salary, from employing any suitable person to assist in any suchemployment, when the payment for the service is met out of the personal moneyof the officer.
(b) Disqualifies any widow with a dependent as anemployee 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 ofthis section must not be compensated for the employment.
5. Any person violating any provisions of this sectionis 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;
NRS
1. Except as otherwise provided in this section, it isunlawful for any state officer who is not a member of the Legislature to:
(a) Become a contractor under any contract or order forsupplies or other kind of contract authorized by or for the State or any of itsdepartments, 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 bea purchaser or interested in any purchase under a sale made by him in thedischarge of his official duties.
2. Any member of any board, commission or similar bodywho is engaged in the profession, occupation or business regulated by theboard, commission or body may supply or contract to supply, in the ordinarycourse of his business, goods, materials or services to any state or localagency, except the board or commission of which he is a member, if he has nottaken part in developing the contract plans or specifications and he will notbe personally involved in opening, considering or accepting offers.
3. A full- or part-time faculty member in the NevadaSystem of Higher Education may bid on or enter into a contract with agovernmental agency, or may benefit financially or otherwise from a contractbetween a governmental agency and a private entity, if the contract complieswith the policies established by the Board of Regents of the University ofNevada pursuant to NRS 396.255.
4. A state officer, other than an officer described insubsection 2 or 3, may bid on or enter into a contract with a governmentalagency if the contracting process is controlled by rules of open competitivebidding, the sources of supply are limited, he has not taken part in developingthe contract plans or specifications and he will not be personally involved inopening, considering or accepting offers.
5. Any contract made in violation of this section maybe declared void at the instance of the State or of any other person interestedin the contract except an officer prohibited from making or being interested inthe contract.
6. Any person violating this section is guilty of agross misdemeanor and shall forfeit his office.
(Added to NRS by 1977, 1109; A 1993, 2241; 1995, 689;2001, 1627)
NRS
1. Except as otherwise provided in this section and
(a) State, county, municipal, district and townshipofficers of the State of Nevada;
(b) Deputies and employees of state, county, municipal,district and township officers; and
(c) Officers and employees of quasi-municipalcorporations.
2. A member of any board, commission or similar bodywho is engaged in the profession, occupation or business regulated by theboard, commission or body may, in the ordinary course of his business, bid onor enter into a contract with any governmental agency, except the board orcommission of which he is a member, if he has not taken part in developing thecontract plans or specifications and he will not be personally involved inopening, considering or accepting offers.
3. A full- or part-time faculty member or employee ofthe Nevada System of Higher Education may bid on or enter into a contract witha governmental agency, or may benefit financially or otherwise from a contractbetween a governmental agency and a private entity, if the contract complies withthe policies established by the Board of Regents of the University of Nevadapursuant to NRS 396.255.
4. A public officer or employee, other than an officeror employee described in subsection 2 or 3, may bid on or enter into a contractwith a governmental agency if the contracting process is controlled by rules ofopen competitive bidding, the sources of supply are limited, he has not takenpart in developing the contract plans or specifications and he will not bepersonally involved in opening, considering or accepting offers. If a publicofficer who is authorized to bid on or enter into a contract with a governmentalagency pursuant to this subsection is a member of the governing body of theagency, the public officer, pursuant to the requirements of
5. A person who violates any of the provisions of thissection shall be punished as provided in NRS197.230 and:
(a) Where the commission, personal profit orcompensation is $250 or more, for a category D felony as provided in
(b) Where the commission, personal profit orcompensation is less than $250, for a misdemeanor.
6. A person who violates the provisions of thissection shall pay any commission, personal profit or compensation resultingfrom 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;
NRS
1. A public utility or parent organization orsubsidiary of a public utility shall not employ a former member of the PublicUtilities Commission of Nevada for 1 year after the termination of his serviceon the Commission.
2. A person who holds a license issued pursuant to
3. In addition to the prohibitions set forth insubsections 1 and 2, a business or industry whose activities are governed byregulations adopted by a department, division or other agency of the ExecutiveBranch of government shall not, except as otherwise provided in subsection 4,employ a former public officer or employee of the agency, except a clericalemployee, for 1 year after the termination of his service or period ofemployment if:
(a) His principal duties included the formulation ofpolicy contained in the regulations governing the business or industry;
(b) During the immediately preceding year he directlyperformed activities, or controlled or influenced an audit, decision,investigation or other action, which significantly affected the business orindustry which might, but for this section, employ him; or
(c) As a result of his governmental service oremployment, he possesses knowledge of the trade secrets of a direct businesscompetitor.
4. A public officer or employee may request theCommission on Ethics to apply the relevant facts in his case to the provisionsof subsection 3 and determine whether relief from the strict application of theprovisions is proper. If the Commission on Ethics determines that relief from thestrict 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
it may issuean opinion to that effect and grant such relief. The opinion of the Commissionon Ethics in such a case is subject to judicial review.
5. As used in this section, regulation has themeaning ascribed to it in NRS 233B.038.
(Added to NRS by 1987, 570; A 1993, 2496; 1997, 1986;2001, 2288)
NRS
1. Every person holding or exercising any office underthe laws or constitution of this state, who shall, for any reward or gratuitypaid, or agreed to be paid, grant to another the right or authority todischarge any of the duties of such office (except his lawful deputies), shallbe punished by a fine not exceeding $5,000, and shall be removed from office.
2. Every person who shall give, or make any agreementto 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)
NRS
[Part 1911 CPA 541; RL 5483; NCL 9030]
NRS
1. No officer shall be allowed to charge or receiveany fee or compensation whatever for the return written upon any summons,subpoena, writ of attachment, execution, order of sale or other paper. Anyofficer 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 theactual distance traveled, and every fraction of a mile shall be computed as amile. Where mileage is chargeable by a sheriff, it shall be computed asprovided 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 A1967, 551)
NRS
[Part 70:108:1866; B 2668; BH 1705; C 1851; RL 2823; NCL 4823]
NRS
[Part 67:108:1866; B 2665; BH 1702; C 1848; RL 2820; NCL 4820](NRS A 1967, 551)
NRS
1. When a public officer authorized to execute processfinds or has reason to apprehend that resistance will be made to the executionof his process, he may command as many inhabitants of his county as he thinksproper, and may call upon the Governor for military aid in the manner providedby law, to assist him in overcoming the resistance, and, if necessary, inseizing, 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 whichthe 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)
NRS
[Part 97:108:1866; B 2695; BH 1732; C 1878; RL 2844; NCL 4844]
NRS
[Part 100:108:1866; B 2698; BH 1735; C 1881; RL 2847; NCL 4847]
NRS
[Part 1:20:1955]
NRS
[Part 1911 C&P 522; RL 6787; NCL 10468]
NRS
[Part 1911 C&P 521; RL 6786; NCL 10467](NRS A 1963, 17)
NRS
[1911 C&P 24; RL 6289; NCL 9973]
NRS
1. All personnel actions taken by state, county ormunicipal departments, housing authorities, agencies, boards or appointingofficers thereof must be based solely on merit and fitness.
2. State, county or municipal departments, housingauthorities, agencies, boards or appointing officers thereof shall not refuseto hire a person, discharge or bar any person from employment or discriminateagainst any person in compensation or in other terms or conditions ofemployment because of his race, creed, color, national origin, sex, sexualorientation, age, political affiliation or disability, except when based upon abona fide occupational qualification.
3. As used in this section:
(a) Disability means, with respect to a person:
(1) A physical or mental impairment thatsubstantially 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 beingperceived as having an orientation for heterosexuality, homosexuality orbisexuality.
(Added to NRS by 1959, 137; A 1973, 980; 1985, 1561;1987, 2266; 1991, 1021; 1995, 814;
NRS
(Added to NRS by 1981, 350)
NRS
(Added to NRS by 1963, 523)
NRS
1. When any public employee is eligible at the sametime for benefits for temporary total disability pursuant to
2. When the employees accrued sick leave time isexhausted, payment of his normal salary pursuant to subsection 1 must bediscontinued and the employer shall promptly notify the insurer that providesindustrial insurance for that employer so that it may begin paying the benefitsto which the employee is entitled directly to the employee.
3. An employee who declines to make the electionprovided in subsection 1, may use all or part of the sick leave benefitnormally payable to him while directly receiving benefits for temporary totaldisability pursuant to chapters 616A to
4. If the amount of the employees sick leave benefitis reduced pursuant to subsection 3 below the amount normally payable, theamount of sick leave time charged against the employee as taken during that payperiod must be reduced in the same proportion.
5. The public employee may decline to use any or partof the sick leave benefit normally payable to him while receiving benefitspursuant to chapters 616A to
(Added to NRS by 1969, 439; A 1975, 205; 1981, 497, 1538;1995, 2042; 1999,1814)
NRS
(Added to NRS by 1971, 174)
NRS
1. Any lien which is filed or otherwise claimedagainst a public officer or employee which is based on the performance of orfailure to perform a duty relating to his office or employment is invalidunless the filing of the lien is authorized by a specific statute or by anorder of a court of competent jurisdiction.
2. As used in this section, lien means anencumbrance 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
(Added to NRS by 1977, 1103; A 1995, 2443;
NRS
1. It is hereby declared to be the public policy ofthis State that:
(a) A public office is a public trust and shall be heldfor the sole benefit of the people.
(b) A public officer or employee must commit himself toavoid conflicts between his private interests and those of the general publicwhom he serves.
2. The Legislature finds that:
(a) The increasing complexity of state and localgovernment, more and more closely related to private life and enterprise,enlarges the potentiality for conflict of interests.
(b) To enhance the peoples faith in the integrity andimpartiality of public officers and employees, adequate guidelines are requiredto show the appropriate separation between the roles of persons who are bothpublic servants and private citizens.
(c) Members of the Legislature serve as citizenLegislators who have other occupations and business interests. Each Legislatorhas particular philosophies and perspectives that are necessarily influenced bythe life experiences of that Legislator, including, without limitation,professional, family and business experiences. Our system assumes thatLegislators will contribute those philosophies and perspectives to the debateover issues with which the Legislature is confronted. The law concerning ethicsin government is not intended to require a member of the Legislature to abstainon issues which might affect his interests, provided those interests are properlydisclosed and that the benefit or detriment accruing to him is not greater thanthat accruing to any other member of the general business, profession,occupation or group.
(Added to NRS by 1977, 1103; A
NRS
(Added to NRS by 1977, 1103; A 1985, 1216, 2122;1987, 385; 1991, 1594; 1997, 256;
NRS
(Added to NRS by 1985, 2120)
NRS
1. Who files a declaration of candidacy;
2. Who files an acceptance of candidacy; or
3. Whose name appears on an official ballot at anyelection.
(Added to NRS by 1991, 1591; A 1993, 265;
NRS
(Added to NRS by 1985, 2120)
NRS
(Added to NRS by 1991, 1591)
NRS
(Added to NRS by 1985, 2121)
NRS
(Added to NRS by
NRS
(Added to NRS by 1985, 2121)
NRS
1. The appropriation of public money;
2. The issuance of a license or permit; or
3. Any proposed subdivision of land or specialexception or variance from zoning regulations.
(Added to NRS by 1985, 2121)
NRS
(Added to NRS by 1985, 2121)
NRS
(Added to NRS by 1985, 2121)
NRS
(Added to NRS by
NRS
(Added to NRS by 1985, 2121)
NRS
1. Public officer means a person elected orappointed to a position which is established by the Constitution of the Stateof Nevada, a statute of this State or an ordinance of any of its counties orincorporated cities and which involves the exercise of a public power, trust orduty. As used in this section, the exercise of a public power, trust or dutymeans:
(a) Actions taken in an official capacity which involvea substantial and material exercise of administrative discretion in theformulation 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 courtsystem;
(b) Any member of a board, commission or other bodywhose function is advisory;
(c) Any member of a board of trustees for a general improvementdistrict or special district whose official duties do not include theformulation of a budget for the district or the authorization of theexpenditure of the districts money; or
(d) A county health officer appointed pursuant to
3. Publicoffice does not include an office held by:
(a) Anyjustice, judge or other officer of the court system;
(b) Any memberof a board, commission or other body whose function is advisory;
(c) Any memberof a board of trustees for a general improvement district or special districtwhose official duties do not include the formulation of a budget for thedistrict or the authorization of the expenditure of the districts money; or
(d) A county health officer appointed pursuant to
(Added to NRS by 1985, 2121; A 1987, 2093;
NRS
(Added to NRS by
Commission on Ethics
NRS
1. The Commission on Ethics, consisting of eightmembers, is hereby created.
2. The Legislative Commission shall appoint to theCommission four residents of the State, at least two of whom are former publicofficers, and at least one of whom must be an attorney licensed to practice lawin this State.
3. The Governor shall appoint to the Commission fourresidents of the State, at least two of whom must be former public officers orpublic employees, and at least one of whom must be an attorney licensed topractice law in this State.
4. Not more than four members of the Commission may bemembers of the same political party. Not more than four members may beresidents 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 politicalparty or political campaign; or
(c) Communicate directly with a member of theLegislative Branch on behalf of someone other than himself or the Commission,for compensation, to influence legislative action,
while he isserving on the Commission.
6. After the initial terms, the terms of the membersare 4 years. Any vacancy in the membership must be filled by the appropriateappointing authority for the unexpired term. Each member may serve no more thantwo consecutive full terms.
(Added to NRS by 1985, 2121; A 1991, 1594;
NRS
1. The Commission shall:
(a) At its first meeting and annually thereafter electa Chairman and Vice Chairman from among its members.
(b) Meet regularly at least once in each calendarquarter, unless there are no requests made for an opinion pursuant to
2. Members of the Commission are entitled to receive asalary of not more than $80 per day, as fixed by the Commission, while engagedin 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 diemallowance and travel expenses provided for state officers and employeesgenerally.
4. The Commission may, within the limits oflegislative appropriation, maintain such facilities as are required to carryout its functions.
(Added to NRS by 1977, 1105; A 1981, 1979; 1983, 1440;1985, 391, 2123; 1987, 2094; 1989, 1709; 1991, 1594; 1997, 256;
NRS
1. The Chairman shall appoint one or more panels oftwo members of the Commission on a rotating basis to review the determinationsof just and sufficient cause made by the Executive Director pursuant to
2. The Chairman and Vice Chairman of the Commissionmay not serve together on a panel.
3. The members of a panel may not be members of thesame political party.
4. If a panel finds just and sufficient cause for theCommission to render an opinion in a matter, the members of the panel shall notparticipate in any further proceedings of the Commission relating to thatmatter.
(Added to NRS by
NRS
1. The Commission shall appoint, within the limits oflegislative appropriation, an Executive Director who shall perform the dutiesset forth in this chapter and such other duties as may be prescribed by theCommission.
2. The Executive Director must have experience inadministration, law enforcement, investigations or law.
3. The Executive Director is in the unclassifiedservice of the State.
4. The Executive Director shall devote his entire timeand attention to the business of the Commission and shall not pursue any otherbusiness or occupation or hold any other office of profit that detracts fromthe full and timely performance of his duties.
5. The Executive Director may not:
(a) Be actively involved in the work of any politicalparty or political campaign; or
(b) Communicate directly or indirectly with a member ofthe Legislative Branch on behalf of someone other than himself to influence legislativeaction, except in pursuit of the business of the Commission.
(Added to NRS by
NRS
1. In addition to any other duties imposed upon him,the Executive Director shall:
(a) Maintain complete and accurate records of alltransactions and proceedings of the Commission.
(b) Receive requests for opinions pursuant to
(c) Gather information and conduct investigationsregarding requests for opinions received by the Commission and submitrecommendations to the panel appointed pursuant to
(d) Recommend to the Commission any regulations orlegislation that he considers desirable or necessary to improve the operationof the Commission and maintain high standards of ethical conduct in government.
(e) Upon the request of any public officer or theemployer of a public employee, conduct training on the requirements of thischapter, the rules and regulations adopted by the Commission and previousopinions of the Commission. In any such training, the Executive Director shallemphasize that he is not a member of the Commission and that only theCommission may issue opinions concerning the application of the statutoryethical standards to any given set of facts and circumstances. The Commissionmay charge a reasonable fee to cover the costs of training provided by theExecutive Director pursuant to this subsection.
(f) Perform such other duties, not inconsistent withlaw, as may be required by the Commission.
2. The Executive Director shall, within the limits oflegislative appropriation, employ such persons as are necessary to carry outany of his duties relating to:
(a) The administration of the affairs of theCommission;
(b) The review of statements of financial disclosure;and
(c) The investigation of matters under the jurisdictionof the Commission.
(Added to NRS by
NRS
1. The Commission shall appoint, within the limits oflegislative appropriation, a Commission Counsel who shall perform the dutiesset forth in this chapter and such other duties as may be prescribed by theCommission.
2. TheCommission Counsel must be an attorney who is licensed to practice law in thisState.
3. TheCommission Counsel is in the unclassified service of the State.
4. The CommissionCounsel shall devote his entire time and attention to the business of theCommission and shall not pursue any other business or occupation or hold anyother office of profit that detracts from the full and timely performance ofhis duties.
5. The CommissionCounsel may not:
(a) Be activelyinvolved in the work of any political party or political campaign; or
(b) Communicate directly or indirectly with a member ofthe legislative branch on behalf of someone other than himself to influencelegislative action, except in pursuit of the business of the Commission.
(Added to NRS by
NRS
1. The Commission Counsel is the legal adviser to theCommission. For each opinion of the Commission, the Commission Counsel shallprepare, at the direction of the Commission, the appropriate findings of factand conclusions as to relevant standards and the propriety of particularconduct within the time set forth in subsection 4 of
2. The Commission may rely upon the legal advice ofthe Commission Counsel in conducting its daily operations.
3. If the Commission Counsel is prohibited from actingon a particular matter or is otherwise unable to act on a particular matter,the Commission may:
(a) Request that the Attorney General appoint a deputyto act in the place of the Commission Counsel; or
(b) Employ outside legal counsel.
(Added to NRS by 1977, 1107; A 1985, 2126;
NRS
1. Each county whose population is more than 10,000and each city whose population is more than 10,000 and that is located withinsuch a county shall pay an assessment for the costs incurred by the Commissioneach biennium in carrying out its functions pursuant to
2. On or before July 1 of each odd-numbered year, theExecutive Director shall, in consultation with the Budget Division of theDepartment of Administration and the Fiscal Analysis Division of theLegislative Counsel Bureau, determine for the next ensuing biennium the amountof the assessments due for each city and county that is required to pay anassessment pursuant to subsection 1. The assessments must be paid to theCommission in semiannual installments that are due on or before August 1 andFebruary 1 of each year of the biennium. The Executive Director shall send outa billing statement to each such city or county which states the amount of thesemiannual installment payment due from the city or county.
3. Any money that the Commission receives pursuant tosubsection 2:
(a) Must be deposited in the State Treasury, accountedfor separately in the State General Fund and credited to the budget account forthe Commission;
(b) May only be used to carry out
(c) Does not revert to the State General Fund at theend of any fiscal year.
4. If any installment payment is not paid on or beforethe date on which it is due, the Executive Director shall make reasonableefforts to collect the delinquent payment. If the Executive Director is notable to collect the arrearage, he shall submit a claim for the amount of theunpaid installment payment to the Department of Taxation. If the Department ofTaxation receives such a claim, the Department shall deduct the amount of theclaim from money that would otherwise be allocated from the Local GovernmentTax Distribution Account to the city or county that owes the installmentpayment and shall transfer that amount to the Commission.
5. As used in this section, population means thecurrent population estimate for that city or county as determined and publishedby the Department of Taxation and the demographer employed pursuant to
(Added to NRS by
1. The Commission has jurisdiction to investigate andtake appropriate action regarding an alleged violation of this chapter by apublic officer or employee or former public officer or employee in anyproceeding commenced by:
(a) The filing of a request for an opinion with theCommission; or
(b) The Commission on its own motion.
2. The provisions of subsection 1 apply to a publicofficer or employee who:
(a) Currently holds public office or is publiclyemployed at the commencement of proceedings against him.
(b) Resigns or otherwise leaves his public office oremployment:
(1) After the commencement of proceedingsagainst him; or
(2) Within 1 year after the alleged violation orreasonable discovery of the alleged violation.
(Added to NRS by 1995, 2443; A 1997, 256;
NRS
1. Adopt procedural regulations:
(a) To facilitate the receipt of inquiries by theCommission;
(b) For the filing of a request for an opinion with theCommission;
(c) For the withdrawal of a request for an opinion bythe person who filed the request; and
(d) To facilitate the prompt rendition of opinions bythe Commission.
2. Prescribe, by regulation, forms for the submissionof statements of financial disclosure and procedures for the submission ofstatements of financial disclosure filed pursuant to
3. Cause the making of such investigations as arereasonable and necessary for the rendition of its opinions pursuant to thischapter.
4. Except as otherwise provided in
5. Recommend to the Legislature such furtherlegislation as the Commission considers desirable or necessary to promote andmaintain high standards of ethical conduct in government.
6. Publish a manual for the use of public officers andemployees that contains:
(a) Hypothetical opinions which are abstracted fromopinions rendered pursuant to subsection 1 of NRS281.511, for the future guidance of all persons concerned with ethicalstandards in government;
(b) Abstracts of selected opinions rendered pursuant tosubsection 2 of NRS 281.511; and
(c) An abstract of the requirements of this chapter.
TheLegislative Counsel shall prepare annotations to this chapter for inclusion inthe Nevada Revised Statutes based on the abstracts and published opinions ofthe Commission.
(Added to NRS by 1977, 1105; A 1985, 2124; 1991,1595; 1999, 2732;2003, 3019,
NRS
1. The Chairman and Vice Chairman of the Commissionmay administer oaths.
2. The Commission, upon majority vote, may issue asubpoena to compel the attendance of a witness and the production of books andpapers. Upon the request of the Executive Director or the public officer orpublic employee who is the subject of a request for an opinion, the Chairmanor, in his absence, the Vice Chairman, may issue a subpoena to compel theattendance of a witness and the production of books and papers.
3. Before issuing a subpoena to a public officer orpublic employee who is the subject of a request for an opinion, the ExecutiveDirector shall submit a written request to the public officer or publicemployee requesting:
(a) His appearance as a witness; or
(b) His production of any books and papers relating tothe request for an opinion.
4. Each written request submitted by the ExecutiveDirector pursuant to subsection 3 must specify the time and place for theattendance of the public officer or public employee or the production of anybooks 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 atthe time and place specified or produce the books and papers requested by theExecutive Director within 5 business days after receipt of the request, theChairman may issue the subpoena. Failure of the public officer or publicemployee to comply with the written request of the Executive Director shall bedeemed a waiver by the public officer or public employee of the time set forthin subsections 3 and 4 of NRS 281.511.
5. If any witness refuses to attend, testify orproduce any books and papers as required by the subpoena, the Chairman of theCommission may report to the district court by petition, setting forth that:
(a) Due notice has been given of the time and place ofattendance of the witness or the production of the books and papers;
(b) The witness has been subpoenaed by the Commissionpursuant to this section; and
(c) The witness has failed or refused to attend orproduce the books and papers required by the subpoena before the Commission, orhas refused to answer questions propounded to him, and asking for an order ofthe court compelling the witness to attend and testify or produce the books andpapers before the Commission.
6. Upon such a petition, the court shall enter anorder directing the witness to appear before the court at a time and place tobe fixed by the court in its order, the time to be not more than 10 days afterthe 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 copyof the order must be served upon the witness.
7. If it appears to the court that the subpoena wasregularly issued by the Commission, the court shall enter an order that thewitness 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 theorder, the witness must be dealt with as for contempt of court.
(Added to NRS by 1991, 1591; A 1997, 257;
NRS
Code of Ethical Standards
NRS
1. A public officer or employee shall not seek oraccept any gift, service, favor, employment, engagement, emolument or economicopportunity which would tend improperly to influence a reasonable person in hisposition to depart from the faithful and impartial discharge of his publicduties.
2. A public officer or employee shall not use hisposition in government to secure or grant unwarranted privileges, preferences,exemptions or advantages for himself, any business entity in which he has asignificant pecuniary interest, or any person to whom he has a commitment in aprivate capacity to the interests of that person. As used in this subsection:
(a) Commitment in a private capacity to the interestsof that person has the meaning ascribed to commitment in a private capacityto the interests of others in subsection 8 of
(b) Unwarranted means without justification oradequate reason.
3. A public officer or employee shall not participateas an agent of government in the negotiation or execution of a contract betweenthe government and any private business in which he has a significant pecuniaryinterest.
4. A public officer or employee shall not accept anysalary, retainer, augmentation, expense allowance or other compensation fromany private source for the performance of his duties as a public officer oremployee.
5. If a public officer or employee acquires, throughhis public duties or relationships, any information which by law or practice isnot at the time available to people generally, he shall not use the informationto further the pecuniary interests of himself or any other person or businessentity.
6. A public officer or employee shall not suppress anygovernmental report or other document because it might tend to affectunfavorably his pecuniary interests.
7. A public officer or employee, other than a memberof the Legislature, shall not use governmental time, property, equipment orother facility to benefit his personal or financial interest. This subsectiondoes not prohibit:
(a) A limited use of governmental property, equipmentor other facility for personal purposes if:
(1) The public officer who is responsible forand has authority to authorize the use of such property, equipment or otherfacility has established a policy allowing the use or the use is necessary as aresult of emergency circumstances;
(2) The use does not interfere with theperformance of his public duties;
(3) The cost or value related to the use isnominal; and
(4) The use does not create the appearance ofimpropriety;
(b) The use of mailing lists, computer data or otherinformation lawfully obtained from a governmental agency which is available tomembers of the general public for nongovernmental purposes; or
(c) The use of telephones or other means ofcommunication if there is not a special charge for that use.
If agovernmental agency incurs a cost as a result of a use that is authorized pursuantto this subsection or would ordinarily charge a member of the general publicfor the use, the public officer or employee shall promptly reimburse the costor pay the charge to the governmental agency.
8. A member of the Legislature shall not:
(a) Use governmental time, property, equipment or otherfacility for a nongovernmental purpose or for the private benefit of himself orany other person. This paragraph does not prohibit:
(1) A limited use of state property andresources for personal purposes if:
(I) The use does not interfere with theperformance of his public duties;
(II) The cost or value related to the useis nominal; and
(III) The use does not create theappearance of impropriety;
(2) The use of mailing lists, computer data orother information lawfully obtained from a governmental agency which isavailable to members of the general public for nongovernmental purposes; or
(3) The use of telephones or other means ofcommunication if there is not a special charge for that use.
(b) Require or authorize a legislative employee, whileon duty, to perform personal services or assist in a private activity, except:
(1) In unusual and infrequent situations wherethe employees service is reasonably necessary to permit the Legislator orlegislative employee to perform his official duties; or
(2) Where such service has otherwise beenestablished as legislative policy.
9. A public officer or employee shall not attempt tobenefit his personal or financial interest through the influence of asubordinate.
10. A public officer or employee shall not seek otheremployment or contracts through the use of his official position.
(Added to NRS by 1977, 1105; A 1987, 2094; 1991,1595; 1993, 2243; 1997, 3324;
NRS
1. A member of the executive branch or public employeeof the executive branch shall not accept compensation from any private personto represent or counsel him on any issue pending before the agency in whichthat officer or employee serves, if the agency makes decisions. Any suchofficer or employee who leaves the service of the agency shall not, for 1 yearafter leaving the service of the agency, represent or counsel for compensationa private person upon any issue which was under consideration by the agencyduring his service. As used in this subsection, issue includes a case,proceeding, application, contract or determination, but does not include theproposal or consideration of legislative measures or administrativeregulations.
2. A member of the legislative branch, or a member ofthe executive branch or public employee whose public service requires less thanhalf of his time, may represent or counsel a private person before an agency inwhich he does not serve. Any other member of the executive branch or publicemployee shall not represent a client for compensation before any state agencyof the Executive or Legislative Branch of government.
3. Not later than January 10 of each year, anyLegislator or other public officer who has, within the preceding year,represented or counseled a private person for compensation before a stateagency of the Executive Branch shall disclose for each such representation orcounseling 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.
Thedisclosure must be made in writing and filed with the Commission, on a formprescribed by the Commission. The Commission shall retain a disclosure filed pursuantto this subsection for 6 years after the date on which the disclosure wasfiled.
(Added to NRS by 1977, 1106; A 1991, 1597;
NRS
1. Except as otherwise provided in subsection 2, 3 or4, a public officer may vote upon a matter if the benefit or detriment accruingto him as a result of the decision either individually or in a representativecapacity as a member of a general business, profession, occupation or group isnot greater than that accruing to any other member of the general business,profession, occupation or group.
2. Except as otherwise provided in subsection 3, inaddition to the requirements of the code of ethical standards, a public officershall not vote upon or advocate the passage or failure of, but may otherwiseparticipate in the consideration of, a matter with respect to which theindependence of judgment of a reasonable person in his situation would bematerially affected by:
(a) His acceptance of a gift or loan;
(b) His pecuniary interest; or
(c) His commitment in a private capacity to theinterests of others.
It must bepresumed that the independence of judgment of a reasonable person would not bematerially affected by his pecuniary interest or his commitment in a privatecapacity to the interests of others where the resulting benefit or detrimentaccruing to him or to the other persons whose interests to which the member iscommitted in a private capacity is not greater than that accruing to any othermember of the general business, profession, occupation or group. Thepresumption set forth in this subsection does not affect the applicability ofthe requirements set forth in subsection 4 relating to the disclosure of thepecuniary interest or commitment in a private capacity to the interests ofothers.
3. In a county whose population is 400,000 or more, amember of a county or city planning commission shall not vote upon or advocatethe passage or failure of, but may otherwise participate in the considerationof, a matter with respect to which the independence of judgment of a reasonableperson 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 aperson who is related to him by blood, adoption or marriage within the thirddegree of consanguinity or affinity.
It must bepresumed that the independence of judgment of a reasonable person would not bematerially affected by his direct pecuniary interest or his commitmentdescribed in paragraph (c) where the resulting benefit or detriment accruing tohim or to the other persons whose interests to which the member is committed isnot greater than that accruing to any other member of the general business,profession, occupation or group. The presumption set forth in this subsectiondoes not affect the applicability of the requirements set forth in subsection 4relating 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 hiscommitment in a private capacity to the interest of others; or
(c) In which he has a pecuniary interest,
withoutdisclosing sufficient information concerning the gift, loan, commitment orinterest to inform the public of the potential effect of the action orabstention upon the person who provided the gift or loan, upon the person towhom he has a commitment, or upon his interest. Except as otherwise provided insubsection 6, such a disclosure must be made at the time the matter isconsidered. If the officer or employee is a member of a body which makesdecisions, he shall make the disclosure in public to the Chairman and othermembers of the body. If the officer or employee is not a member of such a bodyand holds an appointive office, he shall make the disclosure to the supervisoryhead of his organization or, if he holds an elective office, to the generalpublic in the area from which he is elected. This subsection does not require apublic officer to disclose any campaign contributions that the public officerreported pursuant to NRS 294A.120 or
5. Except as otherwise provided in
6. After a member of the Legislature makes adisclosure pursuant to subsection 4, he may file with the Director of theLegislative Counsel Bureau a written statement of his disclosure. The writtenstatement must designate the matter to which the disclosure applies. After aLegislator files a written statement pursuant to this subsection, he is notrequired to disclose orally his interest when the matter is further consideredby the Legislature or any committee thereof. A written statement of disclosureis a public record and must be made available for inspection by the public duringthe regular office hours of the Legislative Counsel Bureau.
7. The provisions of this section do not, under anycircumstances:
(a) Prohibit a member of the Legislative Branch fromrequesting or introducing a legislative measure; or
(b) Require a member of the Legislative Branch to takeany particular action before or while requesting or introducing a legislativemeasure.
8. As used in this section, commitment in a privatecapacity 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 ormarriage 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 continuingbusiness relationship; or
(e) Any other commitment or relationship that issubstantially similar to a commitment or relationship described in thissubsection.
(Added to NRS by 1977, 1106; A 1987, 2095; 1991,1597; 1995, 1083; 1997, 3326;
NRS
1. Except as otherwise provided in this section and
2. A member of any board, commission or similar bodywho is engaged in the profession, occupation or business regulated by suchboard or commission, may, in the ordinary course of his business, bid on orenter 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 indeveloping the contract plans or specifications and he will not be personallyinvolved in opening, considering or accepting offers.
3. A full- or part-time faculty member or employee ofthe Nevada System of Higher Education may bid on or enter into a contract witha governmental agency, or may benefit financially or otherwise from a contractbetween a governmental agency and a private entity, if the contract complieswith the policies established by the Board of Regents of the University ofNevada pursuant to NRS 396.255.
4. A public officer or employee, other than an officeror employee described in subsection 2 or 3, may bid on or enter into a contractwith a governmental agency if the contracting process is controlled by rules ofopen competitive bidding, the sources of supply are limited, he has not takenpart in developing the contract plans or specifications and he will not bepersonally involved in opening, considering or accepting offers. If a publicofficer who is authorized to bid on or enter into a contract with agovernmental agency pursuant to this subsection is a member of the governingbody of the agency, the public officer, pursuant to the requirements of
(Added to NRS by 1993, 2241; A 1995, 689;
NRS
1. The Commission shall render an opinion interpretingthe statutory ethical standards and apply the standards to a given set of factsand circumstances upon request, on a form prescribed by the Commission, from apublic officer or employee who is seeking guidance on questions which directlyrelate to the propriety of his own past, present or future conduct as anofficer or employee. He may also request the Commission to hold a publichearing regarding the requested opinion. If a requested opinion relates to thepropriety of his own present or future conduct, the opinion of the Commissionis:
(a) Binding upon the requester as to his futureconduct; and
(b) Final and subject to judicial review pursuant to
2. The Commission may render an opinion interpretingthe statutory ethical standards and apply the standards to a given set of factsand circumstances:
(a) Upon request from a specialized or local ethicscommittee.
(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 theCommission; and
(2) All related evidence deemed necessary by theExecutive Director and the panel to make a determination of whether there isjust and sufficient cause to render an opinion in the matter.
(c) Upon the Commissions own motion regarding thepropriety of conduct by a public officer or employee. The Commission shall notinitiate proceedings pursuant to this paragraph based solely upon an anonymouscomplaint.
TheCommission shall not render an opinion interpreting the statutory ethicalstandards or apply those standards to a given set of facts and circumstances ifthe request is submitted by a person who is incarcerated in a correctionalfacility in this State.
3. Upon receipt of a request for an opinion by theCommission or upon the motion of the Commission pursuant to subsection 2, theExecutive Director shall investigate the facts and circumstances relating tothe request to determine whether there is just and sufficient cause for theCommission to render an opinion in the matter. The public officer or employeethat is the subject of the request may submit to the Executive Director anyinformation relevant to the request. The Executive Director shall complete aninvestigation and present his recommendation relating to just and sufficientcause to the panel within 45 days after the receipt of or the motion of theCommission for the request, unless the public officer or employee waives thistime limit. If the Executive Director determines after an investigation thatjust and sufficient cause exists for the Commission to render an opinion in thematter, he shall state such a recommendation in writing, including, withoutlimitation, the specific evidence that supports his recommendation. If, afteran investigation, the Executive Director does not determine that just andsufficient 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 ExecutiveDirector has provided his recommendation in the matter to the panel, the panelshall make a final determination regarding whether just and sufficient causeexists for the Commission to render an opinion in the matter, unless the publicofficer or employee waives this time limit. The panel shall not determine thatthere is just and sufficient cause for the Commission to render an opinionunless the panel has provided the public officer or employee an opportunity torespond to the allegations against him. The panel shall cause a record of itsproceedings in each matter to be kept, and such a record must remainconfidential until the panel determines whether there is just and sufficientcause for the Commission to render an opinion in the matter.
4. If the panel determines that just and sufficientcause exists for the Commission to render an opinion requested pursuant to thissection, the Commission shall hold a hearing and render an opinion in thematter within 30 days after the determination of just and sufficient cause bythe panel, unless the public officer or employee waives this time limit.
5. Each request for an opinion that a public officeror employee submits to the Commission pursuant to subsection 1, each opinionrendered by the Commission in response to such a request and any motion,determination, evidence or record of a hearing relating to such a request areconfidential unless the public officer or employee who requested the opinion:
(a) Acts in contravention of the opinion, in which casethe Commission may disclose the request for the opinion, the contents of theopinion and any motion, evidence or record of a hearing related thereto;
(b) Discloses the request for the opinion, the contentsof the opinion, or any motion, evidence or record of a hearing related thereto;or
(c) Requests the Commission to disclose the request forthe opinion, the contents of the opinion, or any motion, evidence or record ofa hearing related thereto.
6. Except as otherwise provided in this subsection,each document in the possession of the Commission or its staff that is relatedto a request for an opinion regarding a public officer or employee submitted toor initiated by the Commission pursuant to subsection 2, including, withoutlimitation, the Commissions copy of the request and all materials andinformation gathered in an investigation of the request, is confidential untilthe panel determines whether there is just and sufficient cause to render anopinion in the matter. The public officer or employee who is the subject of arequest for an opinion submitted or initiated pursuant to subsection 2 may inwriting authorize the Commission to make its files, material and informationwhich 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 determineswhether there is just and sufficient cause to render an opinion. A person who:
(a) Requests an opinion from the Commission pursuant toparagraph (b) of subsection 2 may:
(1) At any time, reveal to a third party thealleged conduct of a public officer or employee underlying the request that hefiled with the Commission or the substance of testimony, if any, that he gavebefore the Commission.
(2) After the panel determines whether there isjust and sufficient cause to render an opinion in the matter, reveal to a thirdparty 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 thesubstance of testimony that he gave before the Commission.
(2) After the panel determines whether there isjust and sufficient cause to render an opinion in the matter, reveal to a thirdparty the fact that he gave testimony before the Commission.
8. Whenever the Commission holds a hearing pursuant tothis section, the Commission shall:
(a) Notify the person about whom the opinion wasrequested of the place and time of the Commissions hearing on the matter;
(b) Allow the person to be represented by counsel; and
(c) Allow the person to hear the evidence presented tothe Commission and to respond and present evidence on his own behalf.
TheCommissions hearing may be held no sooner than 10 days after the notice isgiven unless the person agrees to a shorter time.
9. If a person who is not a party to a hearing beforethe Commission, including, without limitation, a person who has requested anopinion pursuant to paragraph (a) or (b) of subsection 2, wishes to ask aquestion of a witness at the hearing, the person must submit the question tothe Executive Director in writing. The Executive Director may submit thequestion to the Commission if he deems the question relevant and appropriate.This subsection does not require the Commission to ask any question submittedby a person who is not a party to the proceeding.
10. If a person who requests an opinion pursuant tosubsection 1 or 2 does not:
(a) Submit all necessary information to the Commission;and
(b) Declare by oath or affirmation that he will testifytruthfully,
theCommission may decline to render an opinion.
11. For good cause shown, the Commission may taketestimony from a person by telephone or video conference.
12. For the purposes of
13. A meeting or hearing that the Commission or thepanel holds to receive information or evidence concerning the propriety of theconduct of a public officer or employee pursuant to this section and thedeliberations of the Commission and the panel on such information or evidenceare not subject to the provisions of chapter 241of NRS.
(Added to NRS by 1977, 1107; A 1985, 2124; 1987,2095; 1991, 1598; 1995, 2443; 1997, 3327;
NRS
1. If a request for an opinion is submitted to orinitiated by the Commission concerning a present or former state officer oremployee, unless the state officer or employee retains his own legal counsel orthe Attorney General tenders the defense of the state officer or employee to aninsurer who, pursuant to a contract of insurance, is authorized to defend thestate officer or employee, the Attorney General shall defend the state officeror employee or employ special counsel to defend the state officer or employeein any proceeding relating to the request for the opinion if:
(a) The state officer or employee submits a writtenrequest for defense in the manner provided in
(b) Based on the facts and allegations known to theAttorney General, the Attorney General determines that the act or omission onwhich the alleged violation is based:
(1) Appears to be within the course and scope ofpublic duty or employment of the state officer or employee; and
(2) Appears to have been performed or omitted ingood faith.
2. The Attorney General shall create a written recordsetting forth the basis for his determination of whether to defend the stateofficer or employee pursuant to paragraph (b) of subsection 1. The writtenrecord is not admissible in evidence at trial or in any other judicial oradministrative 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
NRS
1. A conflict exists between his personal interest andhis official duty.
2. His official duties involve the use ofdiscretionary judgment whose exercise in the particular matter would have asignificant effect upon the disposition of the matter.
3. The conflict would materially affect theindependence of the judgment of a reasonable person in his situation.
4. He possesses special knowledge which is anindispensable asset of his public agency and is needed by it to reach a sounddecision.
5. It would be appropriate for him to withdraw orabstain from participation, disclose the nature of his conflicting personalinterest 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)
NRS
1. Any department, board, commission or other agencyof the State or the governing body of a county or an incorporated city mayestablish a specialized or local ethics committee to complement the functionsof the Commission. A specialized or local ethics committee may:
(a) Establish a code of ethical standards suitable forthe particular ethical problems encountered in its sphere of activity. Thestandards may not be less restrictive than the statutory ethical standards.
(b) Render an opinion upon the request of any publicofficer or employee of its own organization or level seeking an interpretationof its ethical standards on questions directly related to the propriety of hisown future official conduct or refer the request to the Commission. Any publicofficer or employee subject to the jurisdiction of the committee shall directhis inquiry to that committee instead of the Commission.
(c) Require the filing of statements of financialdisclosure by public officers on forms prescribed by the committee or the cityclerk if the form has been:
(1) Submitted, at least 60 days before its anticipateddistribution, to the Commission for review; and
(2) Upon review, approved by the Commission.
2. A specialized or local ethics committee shall notattempt to interpret or render an opinion regarding the statutory ethicalstandards.
3. Each request for an opinion submitted to aspecialized or local ethics committee, each hearing held to obtain informationon which to base an opinion, all deliberations relating to an opinion, eachopinion rendered by a committee and any motion relating to the opinion areconfidential unless:
(a) The public officer or employee acts incontravention 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)
NRS
1. In addition to any other penalty provided by law,the Commission may impose on a public officer or employee or former publicofficer or employee civil penalties:
(a) Not to exceed $5,000 for a first willful violationof this chapter;
(b) Not to exceed $10,000 for a separate act or eventthat constitutes a second willful violation of this chapter; and
(c) Not to exceed $25,000 for a separate act or eventthat constitutes a third willful violation of this chapter.
2. In addition to other penalties provided by law, theCommission may impose a civil penalty not to exceed $5,000 and assess an amountequal to the amount of attorneys fees and costs actually and reasonablyincurred by the person about whom an opinion was requested pursuant to
3. If the Commission finds that a violation of aprovision of this chapter by a public officer or employee or former publicofficer or employee has resulted in the realization by another person of afinancial benefit, the Commission may, in addition to other penalties providedby law, require the current or former public officer or employee to pay a civilpenalty of not more than twice the amount so realized.
4. If the Commission finds that:
(a) A willful violation of this chapter has beencommitted by a public officer removable from office by impeachment only, theCommission shall file a report with the appropriate person responsible forcommencing impeachment proceedings as to its finding. The report must contain astatement of the facts alleged to constitute the violation.
(b) A willful violation of this chapter has beencommitted by a public officer removable from office pursuant to
(c) Three or more willful violations have beencommitted by a public officer removable from office pursuant to
5. An action taken by a public officer or employee orformer public officer or employee relating to NRS281.481, 281.491,
(a) He relied in good faith upon the advice of thelegal counsel retained by the public body which the public officer representsor by the employer of the public employee or upon the manual published by theCommission pursuant to NRS 281.471;
(b) He was unable, through no fault of his own, to obtainan opinion from the Commission before the action was taken; and
(c) He took action that was not contrary to a priorpublished opinion issued by the Commission.
6. In addition to other penalties provided by law, apublic employee who willfully violates a provision of
7. NRS 281.481to 281.541, inclusive, do not abrogateor decrease the effect of the provisions of the Nevada Revised Statutes whichdefine crimes or prescribe punishments with respect to the conduct of publicofficers or employees. If the Commission finds that a public officer oremployee has committed a willful violation of this chapter which it believesmay also constitute a criminal offense, the Commission shall refer the matterto the Attorney General or the district attorney, as appropriate, for adetermination of whether a crime has been committed that warrants prosecution.
8. The imposition of a civil penalty pursuant tosubsection 1, 2 or 3 is a final decision for the purposes of judicial review.
9. A finding by the Commission that a public officeror employee has violated any provision of this chapter must be supported by apreponderance of the evidence unless a greater burden is otherwise prescribedby law.
(Added to NRS by 1977, 1108; A 1987, 2097; 1991,1600; 1993, 2244; 1995, 2446; 1997, 258, 3330, 3333;
Miscellaneous Provisions
NRS
1. Every public officer shall acknowledge that he hasreceived, read and understands the statutory ethical standards. Theacknowledgment must be on a form prescribed by the Commission and mustaccompany the first statement of financial disclosure that the public officeris required to file with the Commission pursuant to
2. The Commission and the Secretary of State shallretain an acknowledgment filed pursuant to this section for 6 years after thedate on which the acknowledgment was filed.
3. Willful refusal to execute and file theacknowledgment required by this section constitutes nonfeasance in office andis a ground for removal pursuant to NRS283.440.
(Added to NRS by
NRS
1. A public officer or public employee shall notaccept or receive an honorarium.
2. An honorarium paid on behalf of a public officer orpublic employee to a charitable organization from which the officer or employeedoes not derive any financial benefit is deemed not to be accepted or receivedby the officer or employee for the purposes of this section.
3. This section does not prohibit:
(a) The receipt of payment for work performed outsidethe normal course of a persons public office or employment if the performanceof that work is consistent with the applicable policies of his public employerregarding supplemental employment.
(b) The receipt of an honorarium by the spouse of apublic officer or public employee if it is related to the spouses professionor occupation.
4. As used in this section, honorarium means thepayment of money or anything of value for an appearance or speech by the publicofficer or public employee in his capacity as a public officer or publicemployee. The term does not include the payment of:
(a) The actual and necessary costs incurred by thepublic officer or public employee, his spouse or his aid for transportation andfor lodging and meals while the public officer or public employee is away fromhis residence.
(b) Compensation which would otherwise have been earnedby the public officer or public employee in the normal course of his publicoffice or employment.
(c) A fee for a speech related to the officers oremployees profession or occupation outside of his public office or employmentif:
(1) Other members of the profession oroccupation are ordinarily compensated for such a speech; and
(2) The fee paid to the public officer or publicemployee is approximately the same as the fee that would be paid to a member ofthe private sector whose qualifications are similar to those of the officer oremployee for a comparable speech.
(d) A fee for a speech delivered to an organization oflegislatures, legislators or other elected officers.
5. A public officer or public employee who violatesthe provisions of this section is guilty of a gross misdemeanor and, uponconviction, forfeits the amount of the honorarium.
(Added to NRS by 1991, 1592; A
NRS
1. Except as otherwise provided in subsections 4 and5, a public officer or employee shall not request or otherwise cause agovernmental entity to incur an expense or make an expenditure to support oroppose:
(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 beconsidered an expense incurred or an expenditure made in support of a candidateif:
(a) The expense is incurred or the expenditure is madefor the creation or dissemination of a pamphlet, brochure, publication,advertisement or television programming that prominently features theactivities of a current public officer of the governmental entity who is acandidate for a state, local or federal elective office; and
(b) The pamphlet, brochure, publication, advertisementor television programming described in paragraph (a) is created or disseminatedduring the period specified in subsection 3.
3. The period during which the provisions ofsubsection 2 apply to a particular governmental entity begins when a currentpublic officer of that governmental entity files a declaration of candidacy oracceptance of candidacy and ends on the date of the general election, generalcity election or special election for the office for which the current publicofficer of the governmental entity is a candidate.
4. The provisions of this section do not prohibit thecreation or dissemination of, or the appearance of a candidate in or on, asapplicable, a pamphlet, brochure, publication, advertisement or televisionprogramming that:
(a) Is made available to the public on a regular basisand merely describes the functions of:
(1) The public office held by the public officerwho is the candidate; or
(2) The governmental entity by which the publicofficer who is the candidate is employed; or
(b) Is created or disseminated in the course ofcarrying out a duty of:
(1) The public officer who is the candidate; or
(2) The governmental entity by which the publicofficer who is the candidate is employed.
5. The provisions of this section do not prohibit anexpense or an expenditure incurred to create or disseminate a televisionprogram that provides a forum for discussion or debate regarding a ballotquestion, if persons both in support of and in opposition to the ballotquestion 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 thisState.
(b) Pamphlet, brochure, publication, advertisement ortelevision programming includes, without limitation, a publication, a publicservice announcement and any programming on a television station created toprovide community access to cable television. The term does not include:
(1) A press release issued to the media by a governmentalentity; or
(2) The official website of a governmentalentity.
(c) Political subdivision means a county, city or anyother local government as defined in NRS354.474.
(Added to NRS by
NRS
(Added to NRS by 1987, 385)
NRS
1. In addition to any other penalty provided by law, agovernmental grant, contract or lease entered into in violation of this chapteris voidable by the State, county, city or town. In a determination under thissection of whether to void a grant, contract or lease, the interests ofinnocent third parties who could be damaged must be taken into account. TheAttorney General, district attorney or city attorney must give notice of hisintent to void a grant, contract or lease under this section no later than 30days after the Commission has determined that there has been a relatedviolation of this chapter.
2. In addition to any other penalty provided by law, acontract prohibited by NRS 281.230 whichis knowingly entered into by a person designated in subsection 1 of
3. Any action taken by the State in violation of thischapter is voidable, except that the interests of innocent third parties in thenature of the violation must be taken into account. The Attorney General mayalso 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 benefitreceived by a person as a result of a violation of this chapter by a publicofficer. An action to recover pursuant to this section must be brought within 2years after the discovery of the violation.
(Added to NRS by 1991, 1593)
Financial Disclosure Statement
NRS
1. Except as otherwise provided in subsection 2, if apublic officer who was appointed to the office for which he is serving isentitled to receive annual compensation of $6,000 or more for serving in thatoffice, he shall file with the Commission a statement of financial disclosure,as follows:
(a) A public officer appointed to fill the unexpiredterm of an elected or appointed public officer shall file a statement offinancial disclosure within 30 days after his appointment.
(b) Each public officer appointed to fill an officeshall file a statement of financial disclosure on or before January 15 of eachyear of the term, including the year the term expires.
2. If a person is serving in a public office for whichhe is required to file a statement pursuant to subsection 1, he may use thestatement he files for that initial office to satisfy the requirements ofsubsection 1 for every other public office to which he is appointed and in whichhe is also serving.
3. A judicial officer who is appointed to fill theunexpired term of a predecessor or to fill a newly created judgeship shall filea statement of financial disclosure pursuant to the requirements of Canon 4I ofthe Nevada Code of Judicial Conduct. Such a statement of financial disclosuremust include, without limitation, all information required to be included in astatement of financial disclosure pursuant to NRS281.571.
4. The Commission shall provide written notificationto the Secretary of State of the public officers who failed to file thestatements of financial disclosure required by subsection 1 or who failed tofile those statements in a timely manner. The notice must be sent within 30days after the deadlines set forth in subsection 1 and must include:
(a) The name of each public officer who failed to filehis statement of financial disclosure within the period before the notice issent;
(b) The name of each public officer who filed hisstatement of financial disclosure after the deadlines set forth in subsection 1but within the period before the notice is sent;
(c) For the first notice sent after the public officerfiled his statement of financial disclosure, the name of each public officerwho filed his statement of financial disclosure after the deadlines set forthin 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 onwhich the public officer filed the statement.
5. In addition to the notice provided pursuant tosubsection 4, the Commission shall notify the Secretary of State of each publicofficer who files a statement of financial disclosure more than 30 days afterthe deadlines set forth in subsection 1. The notice must include theinformation described in paragraphs (c) and (d) of subsection 4.
6. A statement of financial disclosure shall be deemedto be filed with the Commission:
(a) On the date that it was mailed if it was sent bycertified mail; or
(b) On the date that it was received by the Commissionif the statement was sent by regular mail, transmitted by facsimile machine orelectronic means, or delivered personally.
(Added to NRS by
NRS
1. Each candidate for public office who will beentitled to receive annual compensation of $6,000 or more for serving in theoffice 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 shallfile with the Secretary of State a statement of financial disclosure, asfollows:
(a) A candidate for nomination, election or reelectionto public office shall file a statement of financial disclosure no later thanthe 10th day after the last day to qualify as a candidate for the office; and
(b) Each public officer shall file a statement offinancial disclosure on or before January 15 of each year of the term, includingthe year the term expires.
2. A person elected pursuant to
3. A candidate for judicial office or a judicialofficer shall file a statement of financial disclosure pursuant to therequirements of Canon 4I of the Nevada Code of Judicial Conduct. Such astatement of financial disclosure must include, without limitation, allinformation required to be included in a statement of financial disclosurepursuant to NRS 281.571.
4. A statement of financial disclosure shall be deemedto be filed with the Secretary of State:
(a) On the date that it was mailed if it was sent bycertified mail; or
(b) On the date that it was received by the Secretaryof State if the statement was sent by regular mail, transmitted by facsimilemachine or electronic means, or delivered personally.
5. The statement of financial disclosure filedpursuant to this section must be filed on the form prescribed by the Commissionpursuant to NRS 281.471.
6. The Secretary of State shall prescribe, byregulation, procedures for the submission of statements of financial disclosurefiled pursuant to this section, maintain files of such statements and make thestatements available for public inspection.
(Added to NRS by 1977, 1108; A 1985, 2126; 1987,2097; 1991, 1601; 1995, 2199;
NRS
1. Statements of financial disclosure, as approved pursuantto NRS 281.541 or in such form as theCommission otherwise prescribes, must contain the following informationconcerning the candidate for public office or public officer:
(a) His length of residence in the State of Nevada andthe district in which he is registered to vote.
(b) Each source of his income, or that of any member ofhis household who is 18 years of age or older. No listing of individualclients, customers or patients is required, but if that is the case, a generalsource such as professional services must be disclosed.
(c) A list of the specific location and particular useof real estate, other than a personal residence:
(1) In which he or a member of his household hasa legal or beneficial interest;
(2) Whose fair market value is $2,500 or more;and
(3) That is located in this State or an adjacentstate.
(d) The name of each creditor to whom he or a member ofhis household owes $5,000 or more, except for:
(1) A debt secured by a mortgage or deed oftrust of real property which is not required to be listed pursuant to paragraph(c); and
(2) A debt for which a security interest in amotor vehicle for personal use was retained by the seller.
(e) If the candidate for public office or publicofficer has received gifts in excess of an aggregate value of $200 from a donorduring the preceding taxable year, a list of all such gifts, including theidentity of the donor and value of each gift, except:
(1) A gift received from a person who is relatedto the candidate for public office or public officer within the third degree ofconsanguinity or affinity.
(2) Ceremonial gifts received for a birthday,wedding, anniversary, holiday or other ceremonial occasion if the donor doesnot have a substantial interest in the legislative, administrative or politicalaction of the candidate for public office or public officer.
(f) A list of each business entity with which he or amember of his household is involved as a trustee, beneficiary of a trust,director, officer, owner in whole or in part, limited or general partner, orholder of a class of stock or security representing 1 percent or more of thetotal outstanding stock or securities issued by the business entity.
(g) A list of all public offices presently held by himfor which this statement of financial disclosure is required.
2. The Commission shall distribute or cause to bedistributed the forms required for such a statement to each candidate forpublic office and public officer who is required to file one. The Commission isnot responsible for the costs of producing or distributing a form for filingstatements of financial disclosure which is prescribed pursuant to subsection 1of NRS 281.541.
3. As used in this section:
(a) Business entity means an organization orenterprise 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 officeor public officer;
(2) A person who does not live in the same homeor dwelling, but who is dependent on and receiving substantial support from thecandidate for public office or public officer; and
(3) A person who lived in the home or dwellingof the candidate for public office or public officer for 6 months or more inthe year immediately preceding the year in which the candidate for publicoffice or public officer files the statement of financial disclosure.
(Added to NRS by 1977, 1108; A 1985, 2127; 1991,1602; 1995, 2200; 1997, 3331;
NRS
1. Except as otherwise provided in subsection 2,statements of financial disclosure required by the provisions of
2. For public officers who serve more than one term ineither the same public office or more than one public office, the periodprescribed in subsection 1 begins on the date of the filing of the laststatement of financial disclosure for the last public office held.
(Added to NRS by 1987, 2093; A 1991, 1603;
NRS
1. A list of each public officer who is required tofile a statement of financial disclosure must be submitted electronically tothe Commission and to the Secretary of State, in a form prescribed by theCommission, on or before December 1 of each year by:
(a) Each county clerk for all public officers of thecounty and other local governments within the county other than cities;
(b) Each city clerk for all public officers of thecity;
(c) The Director of the Legislative Counsel Bureau forall public officers of the Legislative Branch; and
(d) The Chief of the Budget Division of the Departmentof Administration for all public officers of the Executive Branch.
2. The Secretary of State, each county clerk, or theregistrar of voters of the county if one was appointed pursuant to
(Added to NRS by
NRS
(Added to NRS by 1985, 2122; A 1987, 2098; 1997,3475; 2001, 1958;2003, 3397)
NRS
1. If theSecretary of State receives information that a candidate for public office orpublic officer willfully fails to file his statement of financial disclosure orwillfully fails to file his statement of financial disclosure in a timelymanner pursuant to NRS 281.559 or
2. Except asotherwise provided in this section, a candidate for public office or publicofficer who willfully fails to file his statement of financial disclosure orwillfully fails to file his statement of financial disclosure in a timelymanner pursuant to NRS 281.559 or
3. The amount of the civil penalty is:
(a) If thestatement is filed not more than 10 days after the applicable deadline setforth in subsection 1 of NRS 281.559 orsubsection 1 of NRS 281.561, $25.
(b) If thestatement is filed more than 10 days but not more than 20 days after theapplicable deadline set forth in subsection 1 of
(c) If thestatement is filed more than 20 days but not more than 30 days after theapplicable deadline set forth in subsection 1 of
(d) If thestatement is filed more than 30 days but not more than 45 days after theapplicable deadline set forth in subsection 1 of
(e) If thestatement is not filed or is filed more than 45 days after the applicabledeadline set forth in subsection 1 of NRS281.559 or subsection 1 of NRS 281.561,$2,000.
4. For goodcause shown, the Secretary of State may waive a civil penalty that wouldotherwise be imposed pursuant to this section. If the Secretary of State waivesa civil penalty pursuant to this subsection, the Secretary of State shall:
(a) Create a record which sets forth that the civilpenalty has been waived and describes the circumstances that constitute thegood cause shown; and
(b) Ensure that the record created pursuant toparagraph (a) is available for review by the general public.
5. As used in this section, willfully meansdeliberately, intentionally and knowingly.
(Added to NRS by 1977, 1109; A 1985, 2128; 1997,3333; 1999, 934,
DISCLOSURE OF IMPROPER GOVERNMENTAL ACTION
NRS
1. Improper governmental action means any actiontaken by a state officer or employee or local governmental officer or employeein the performance of his official duties, whether or not the action is withinthe scope of his employment, which is:
(a) In violation of any state law or regulation;
(b) If the officer or employee is a local governmentalofficer or employee, in violation of an ordinance of the local government;
(c) An abuse of authority;
(d) Of substantial and specific danger to the publichealth or safety; or
(e) A gross waste of public money.
2. Local government means a county in this State, anincorporated city in this State and Carson City.
3. Local governmental employee means any person whoperforms public duties under the direction and control of a local governmentalofficer for compensation paid by or through a local government.
4. Local governmental officer means a person electedor appointed to a position with a local government that involves the exercise ofa local governmental power, trust or duty, including:
(a) Actions taken in an official capacity which involvea substantial and material exercise of administrative discretion in theformulation of local governmental policy;
(b) The expenditure of money of a local government; and
(c) The enforcement of laws and regulations of theState 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 ofan office;
(d) The refusal to assign meaningful work;
(e) The issuance of letters of reprimand or evaluationsof 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 anoccupational licensing board, the filing with that board, by or on behalf of theemployer, of a complaint concerning the employee,
if suchaction is taken, in whole or in part, because the state officer or employee orlocal governmental officer or employee disclosed information concerningimproper governmental action.
6. State employee means any person who performspublic duties under the direction and control of a state officer forcompensation paid by or through the State.
7. State officer means a person elected or appointedto 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 involvea substantial and material exercise of administrative discretion in theformulation of state policy;
(b) The expenditure of state money; and
(c) The enforcement of laws and regulations of theState.
(Added to NRS by 1991, 1992; A
NRS
(Added to NRS by 1991, 1992; A
NRS
1. A state officer or employee and a localgovernmental officer or employee shall not directly or indirectly use orattempt to use his official authority or influence to intimidate, threaten,coerce, command, influence or attempt to intimidate, threaten, coerce, commandor influence another state officer or employee or another local governmentalofficer or employee, as applicable, in an effort to interfere with or preventthe disclosure of information concerning improper governmental action.
2. For the purposes of this section, use of officialauthority or influence includes taking, directing others to take,recommending, processing or approving any personnel action such as anappointment, promotion, transfer, assignment, reassignment, reinstatement,restoration, reemployment, evaluation or other disciplinary action.
(Added to NRS by 1991, 1992; A
NRS
(Added to NRS by
NRS
1. If any reprisal or retaliatory action is takenagainst a state officer or employee who discloses information concerningimproper governmental action within 2 years after the information is disclosed,the state officer or employee may file a written appeal with a hearing officerof the Department of Personnel for a determination of whether the action takenwas a reprisal or retaliatory action. The written appeal must be accompanied bya statement that sets forth with particularity:
(a) The facts and circumstances under which thedisclosure of improper governmental action was made; and
(b) The reprisal or retaliatory action that is allegedto have been taken against the state officer or employee.
The hearingmust be conducted in accordance with the procedures set forth in
2. If the hearing officer determines that the actiontaken was a reprisal or retaliatory action, he may issue an order directing theproper person to desist and refrain from engaging in such action. The hearingofficer shall file a copy of his decision with the Governor or any otherelected state officer who is responsible for the actions of that person.
3. The hearing officer may not rule against the stateofficer or employee based on the person or persons to whom the impropergovernmental action was disclosed.
4. The Personnel Commission may adopt rules ofprocedure for conducting a hearing pursuant to this section that are notinconsistent with the procedures set forth in NRS284.390 to 284.405, inclusive.
(Added to NRS by 1991, 1993; A 1995, 347;
NRS
1. A local government shall, by ordinance, establishprocedures for hearing an appeal from a local governmental officer or employeewho:
(a) Disclosed information concerning impropergovernmental action; and
(b) Believes that as a result of that disclosure, areprisal or retaliatory action has been taken against him,
to determinewhether a reprisal or retaliatory action has been taken against the localgovernmental officer or employee. The procedures must allow a local governmentalofficer or employee to file an appeal not later than 2 years after the informationis disclosed and require the local governmental officer or employee who desiresto file an appeal to file the appeal within 60 days after the alleged reprisalor 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 ofhearing officers to hear such appeals; and
(c) Provide that if a hearing officer determines thatthe action taken was a reprisal or retaliatory action, he may issue an orderdirecting the proper person to desist and refrain from engaging in such action.
(Added to NRS by
NRS
1. A state officer or employee or a local governmentalofficer or employee shall not use the provisions of
2. The provisions of NRS281.611 to 281.671, inclusive, donot prohibit a state officer or employee or a local governmental officer oremployee from initiating proper disciplinary procedures against another stateofficer or employee or another local governmental officer or employee, asapplicable, who discloses untruthful information concerning impropergovernmental action.
(Added to NRS by 1991, 1993; A
NRS
1. The Director of the Department of Personnel shallmake available to each state officer and employee; and
2. The administrative head of a local government shallmake available to each local governmental officer or employee,
a writtensummary of NRS 281.611 to
(Added to NRS by 1991, 1993; A
NRS
(Added to NRS by 1991, 1993; A
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