[Rev. 2/10/2015 4:52:30
PM--2014R2]
TITLE 23 - PUBLIC OFFICERS AND EMPLOYEES
CHAPTER 281 - GENERAL PROVISIONS
DEFINITIONS
NRS 281.005 “Public
officer” and “special use vehicle” defined.
CLASSIFICATION AND COMMISSIONS OF OFFICERS
NRS 281.010 Elected
and appointed officers.
NRS 281.020 State
officers to receive commissions from Governor.
NRS 281.030 Official
oath: Endorsement on commission or certificate of election.
DISQUALIFICATIONS FOR OFFICE OR EMPLOYMENT
NRS 281.040 Eligibility
for office of honor, profit or trust.
NRS 281.050 Residence
for purposes of eligibility for office is actual residence; determination of
residence; vacancy in office upon certain changes in residence.
NRS 281.055 Prohibition
against filing for or holding more than one elective office at same time;
exceptions.
NRS 281.057 Change
of political party: Disqualification for appointment to certain boards and
commissions.
NRS 281.060 Preferential
employment by State and political subdivisions; employment of aliens; penalty.
DEPUTIES AND SUBORDINATES
NRS 281.080 Deputy
to take official oath.
NRS 281.090 Deputies
and clerks to perform work for state boards and commissions without
compensation.
HOURS OF EMPLOYMENT
NRS 281.100 Hours
of service of employees of State and political subdivisions; exceptions;
penalty.
NRS 281.110 State
offices to maintain minimum 40-hour workweeks; variable schedules for workweek;
posting of days and hours of operation.
COMPENSATION OF OFFICERS AND EMPLOYEES
NRS 281.120 Semimonthly
paydays for state officers and employees; exceptions.
NRS 281.1205 Payment
of salary and wages of state officers and employees by direct deposit; waiver.
NRS 281.121 Compensation
for employees required to wear uniforms.
NRS 281.123 Limitation
on maximum salary payable to persons employed by State.
NRS 281.1233 Procedure
for state agency to obtain exception to limitation on salary.
NRS 281.125 Restrictions
upon payment of salary of appointive officer or employee when salary determined
by law.
NRS 281.127 State
officers and employees paid one salary for all services rendered; exceptions.
NRS 281.1275 Reduction
in salary of certain public officers and employees for part-day absence from
work prohibited; accounting for part-day absence; exception.
NRS 281.129 Deductions
from payroll for state officers and employees; regulations.
NRS 281.130 Salaries
and fees of public officers and employees subject to attachment, garnishment
and execution; fraudulent assignment void; restriction on running of statute of
limitations.
NRS 281.140 State
officers may sell evidence of public indebtedness issued for services rendered.
NRS 281.145 Leave
of absence for military duty.
NRS 281.147 Leave
of absence for duty as American National Red Cross disaster technician.
NRS 281.149 Leave
of absence for duty as emergency communications technician.
NRS 281.150 Payment
of stipends for educational leave.
NRS 281.153 Program
for police officers and firefighters with temporary disabilities: Election of
salary in lieu of compensation for injury or disease; notice to insurer of
election to receive salary; accrual of benefits.
NRS 281.155 Payment
of compensation due to deceased employee of State or political subdivision.
NRS 281.157 Commission
to Review Compensation: Definition.
NRS 281.1571 Commission
to Review Compensation: Creation; composition.
NRS 281.1572 Commission
to Review Compensation: Notification of appointment; terms; removal; vacancy.
NRS 281.1573 Commission
to Review Compensation: Salary; meetings; administrative support.
NRS 281.1574 Commission
to Review Compensation: Quorum; vote required to approve recommendations
regarding compensation.
NRS 281.1575 Commission
to Review Compensation: Duties.
TRAVEL AND SUBSISTENCE FOR STATE OFFICERS AND EMPLOYEES
NRS 281.160 Persons
entitled to payment for expenses; rate of allowance for travel; use of private
or special use vehicles; reimbursement of weekend travel expenses; regulations.
NRS 281.165 District
judge to submit claims for travel and subsistence to Court Administrator.
NRS 281.167 Payment
of subsistence and expenses of travel and moving on transfer or hiring of state
employee; repayment on voluntary termination of employment; regulations;
claims.
NRS 281.169 Payment
of travel and per diem expenses of applicant for employment; claims.
ADVANCES OF MONEY TO STATE OFFICERS AND EMPLOYEES FOR PER DIEM
AND TRAVEL EXPENSES
NRS 281.172 Application;
approval by administrative head or State Controller; payment upon approval.
NRS 281.173 Advance
constitutes lien on accrued wages of officer or employee.
NRS 281.174 Payment
for amount in excess of advance.
NRS 281.1745 Cash
advance when reimbursement may be delayed.
NRS 281.175 Rules
and regulations of State Controller.
RECORDS
NRS 281.180 Record
of official acts of person taking acknowledgments; liability and penalty.
NRS 281.190 Unlawful
withholding or destruction of records; penalties.
USE OF COMPUTERS
NRS 281.195 Access
by state agency to computers assigned or loaned to officers, employees and
contractors: Requirements; exceptions; reports of inappropriate use; adoption
of policies and procedures for responding to such reports.
MISCELLANEOUS PROVISIONS AND PROHIBITIONS
NRS 281.210 Officers
of State, political subdivision and Nevada System of Higher Education
prohibited from employing relatives; exceptions; penalties.
NRS 281.221 Contracts
in which state officer has interest prohibited; exceptions; penalties.
NRS 281.230 Unlawful
commissions, personal profit and compensation of public officers and employees;
penalties; payment of commission, profit or compensation to public employer.
NRS 281.240 Grant
of authority to discharge duties of public office unlawful; giving
consideration for grant unlawful; penalties.
NRS 281.250 Administration
of oaths and affirmations by officers.
NRS 281.260 Fees
for returns prohibited; computation of mileage; penalty.
NRS 281.270 Officer
to prevent duel: Penalty.
NRS 281.280 Officer
refusing to receive or arrest person charged with criminal offense: Penalties.
NRS 281.290 Officer
executing process may command assistance when resistance made.
NRS 281.310 Audits
and allowances of accounts of state officers: Affidavits; oaths and
affirmations.
NRS 281.320 Withholding
of settlement and payment of accounts of public officers.
NRS 281.330 Advocating
overthrow of government cause for dismissal of public employee.
NRS 281.340 Obtaining
appointment by false letter or certificate: Penalty.
NRS 281.350 Grafting
by public officer or employee: Penalty.
NRS 281.360 Failure
by public officer or employee to perform duty: Penalty.
NRS 281.370 Actions
concerning personnel to be based on merit and fitness; discrimination
prohibited.
NRS 281.375 Application
for employment: Volunteer work must be considered.
NRS 281.380 Public
officers and employees required to accept reproductions of business records for
examination and other purposes.
NRS 281.390 Sick
leave of public employees: Election of benefits; amount limited when eligible
for benefits for industrial or occupational disease.
NRS 281.400 Coercion
respecting membership in organizations for persons who are aged, blind or
disabled prohibited.
NRS 281.405 Validity
of lien against public officer or employee.
STATEMENT OF FINANCIAL DISCLOSURE
NRS 281.558 “Candidate”
defined.
NRS 281.559 Electronic
filing by certain appointed public officers; exceptions; date on which
statement deemed filed; access through secure website; regulations.
NRS 281.561 Electronic
filing by certain candidates for public office and certain elected public
officers; exceptions; date on which statement deemed filed; access through
secure website; regulations.
NRS 281.571 Contents;
regulations.
NRS 281.572 Affidavit
for exemption from requirement of electronic filing; nonelectronic filing of
statement.
NRS 281.573 Retention
by Secretary of State.
NRS 281.574 Certain
public officers required to submit electronically to Secretary of State list of
public officers required to file statement and candidates for public office.
NRS 281.581 Civil
penalty for failure to disclose: Procedure; amount; waiver.
DISCLOSURE OF IMPROPER GOVERNMENTAL ACTION
NRS 281.611 Definitions.
NRS 281.621 Declaration
of public policy.
NRS 281.631 State
or local governmental officer or employee prohibited from using authority or
influence to prevent disclosure of improper governmental action by another
state or local governmental officer or employee.
NRS 281.635 Local
government authorized to enact ordinance providing greater protection to local
governmental officers and employees against reprisal and retaliation.
NRS 281.641 Reprisal
or retaliatory action against state officer or employee who discloses improper
governmental action: Written appeal; hearing; order; negative ruling may not be
based on identity of persons to whom disclosure was made; rules of procedure.
NRS 281.645 Reprisal
or retaliatory action against local governmental officer or employee who
discloses improper governmental action: Procedures for hearing appeals
established by ordinance; contents of ordinance.
NRS 281.651 Use
of provisions for harassment prohibited; disciplinary procedures authorized for
disclosure of untruthful information.
NRS 281.661 Summary
of provisions to be prepared and made available to state and local governmental
officers and employees each year.
NRS 281.671 Effect
of provisions upon criminal law.
_________
_________
DEFINITIONS
NRS 281.005 “Public officer” and “special use vehicle” defined. As used in this chapter:
1. “Public officer” means a person elected
or appointed to a position which:
(a) Is established by the Constitution or a
statute of this State, or by a charter or ordinance of a political subdivision
of this State; and
(b) Involves the continuous exercise, as part of
the regular and permanent administration of the government, of a public power,
trust or duty.
2. “Special use vehicle” means any vehicle
designed or used for the transportation of persons or property off paved
highways.
(Added to NRS by 1967, 1471; A 1971, 593; 1977, 1109)
CLASSIFICATION AND COMMISSIONS OF OFFICERS
NRS 281.010 Elected and appointed officers.
1. The following officers must be elected:
(a) A Governor.
(b) A Lieutenant Governor.
(c) Two United States Senators.
(d) The number of members of the House of
Representatives of the United States to which this State may be entitled.
(e) The number of presidential electors to which
this State may be entitled.
(f) Five justices of the Supreme Court.
(g) Judges of the Court of Appeals other than the
initial three judges.
(h) District judges.
(i) Senators and members of the Assembly.
(j) A Secretary of State.
(k) A State Treasurer.
(l) A State Controller.
(m) An Attorney General.
(n) Other officers whose elections are provided
for by law.
(o) For each county, and the equivalent officers
for Carson City:
(1) One county clerk, who is ex officio
clerk of the board of county commissioners and clerk of the district court of
the county.
(2) One sheriff.
(3) One district attorney.
(4) One public administrator, except where
otherwise provided by law.
(5) One county assessor, except where
otherwise provided by law.
(6) One county treasurer, except where
otherwise provided by law.
(7) The number of county commissioners as
provided by law.
(8) One county recorder, who is ex officio
county auditor in counties in which a county comptroller has not been
appointed.
(9) Justices of the peace.
(10) Constables, except where otherwise
provided by law.
2. All officers who are not elected must
be appointed.
[1:108:1866; B § 2599; BH § 1636; C § 1782; RL §
2765; NCL § 4765]—(NRS A 1957, 109, 655; 1967, 455; 1969, 7, 328, 1110, 1466,
1524, 1545; 1973, 318, 1479; 1979, 533; 1981, 1955; 1985, 702, 1215; 1997, 1531; 2001, 657, 658; 2013, 1770)
NRS 281.020 State officers to receive commissions from Governor.
1. All state officers shall receive their
commissions from the Governor.
2. All commissions of officers shall be in
the name and by the authority of the State of Nevada, and shall be sealed with
the great seal of the State, signed by the Governor, and countersigned by the
Secretary of State.
[29:108:1866; B § 2627; BH § 1664; C § 1810; RL §
2793; NCL § 4793] + [Part 30:108:1866; B § 2628; BH § 1665; C § 1811; RL §
2794; NCL § 4794]
NRS 281.030 Official oath: Endorsement on commission or certificate of
election.
1. The official oath, except in the cases
specified in NRS 218A.220, 223.030 and 224.030, shall be endorsed on the
commission or certificate of election of the officer and signed by the officer,
and shall be certified by the officer before whom the oath or affirmation shall
have been taken.
2. Every officer, whose oath of office is
required to be endorsed on the officer’s commission or certificate of election,
shall take and subscribe to the oath at the time of the reception of the
commission or certificate.
3. The oath shall be taken, and, except in
the cases prescribed in NRS 218A.220,
223.030 and 224.030, may be subscribed before any
justice of the Supreme Court or clerk thereof, any judge of the Court of
Appeals, any judge of the district court or clerk thereof, a county clerk,
notary public, or justice of the peace, unless otherwise directed by law.
[23:108:1866; B § 2621; BH § 1658; C § 1804; RL §
2787; NCL § 4787] + [26:108:1866; B § 2624; BH § 1661; C § 1807; RL § 2790; NCL
§ 4790] + [27:108:1866; B § 2625; BH § 1662; C § 1808; RL § 2791; NCL §
4791]—(NRS A 2013,
1771)
DISQUALIFICATIONS FOR OFFICE OR EMPLOYMENT
NRS 281.040 Eligibility for office of honor, profit or trust. No person who is not a qualified elector shall
be eligible to any office of honor, profit or trust in and under the government
and laws of this State.
[Part 2:108:1866; A 1953, 711; 1955, 459]
NRS 281.050 Residence for purposes of eligibility for office is actual
residence; determination of residence; vacancy in office upon certain changes
in residence.
1. The residence of a person with
reference to eligibility to office is the person’s actual residence within the
State or county or district, as the case may be, during all the period for
which residence is claimed by the person. If any person absents himself or
herself from the jurisdiction of that person’s residence with the intention in
good faith to return without delay and continue such residence, the period of
absence must not be considered in determining the question of residence.
2. If a person who has filed as a
candidate for elective office moves the person’s residence out of the State,
county, district, ward, subdistrict or any other unit prescribed by law for
which the person is a candidate and in which the person is required actually,
as opposed to constructively, to reside, a vacancy is created thereby and the
appropriate action for filling the vacancy must be taken. A person shall be
deemed to have moved the person’s residence for the purposes of this section
if:
(a) The person has acted affirmatively to remove
himself or herself from one place; and
(b) The person has an intention to remain in
another place.
3. The district court has jurisdiction to
determine the question of residence in an action for declaratory judgment.
4. As used in this section, “actual
residence” means the place where a person is legally domiciled and maintains a
permanent habitation. If the person maintains more than one such habitation,
the place the person declares to be the person’s principal permanent habitation
when filing a declaration or affidavit pursuant to NRS 293.177 or 293C.185 shall be deemed to be the person’s
actual residence.
[Part 1:158:1911; RL § 3609; NCL § 6405]—(NRS A 1971,
433; 1975, 616; 1999,
2170)
NRS 281.055 Prohibition against filing for or holding more than one elective
office at same time; exceptions.
1. Except as otherwise provided in
subsection 2, no person may:
(a) File nomination papers for more than one
elective office at any election.
(b) Hold more than one elective office at the
same time.
2. The provisions of subsection 1 shall
not be construed to prevent any person from filing nomination papers for or
holding an elective office of any special district (other than a school
district), such as an irrigation district, a local or general improvement
district, a soil conservation district or a fire protection district, and at
the same time filing nomination papers for or holding an elective office of the
State, or any political subdivision or municipal corporation thereof.
(Added to NRS by 1961, 299; A 1965, 169)
NRS 281.057 Change of political party: Disqualification for appointment to
certain boards and commissions. When
the law creating any appointive state board or commission requires that
political party affiliation be balanced among the members, no person may be
appointed to any such board or commission who has changed party registration
within the immediately preceding 2-year period.
(Added to NRS by 1971, 50)
NRS 281.060 Preferential employment by State and political subdivisions;
employment of aliens; penalty.
1. Only citizens or wards of the United
States or persons who have been honorably discharged from the military service
of the United States may be employed by any officer of the State of Nevada, by
any political subdivision of the State, or by any person acting under or for
such an officer in any office or department of the State of Nevada or political
subdivision of the State.
2. In all cases where persons are so
employed, preference must be given, if the qualifications of the applicants are
equal:
(a) First: To honorably discharged military
personnel of the United States who are citizens of the State of Nevada.
(b) Second: To other citizens of the State of
Nevada.
3. Nothing in this section prevents:
(a) The working of prisoners by the State of
Nevada or by any political subdivision of the State, on street or road work or
other public work.
(b) The employment of aliens, who have not
forfeited their right to citizenship by claiming exemption from military
service, as common laborers in the construction of public roads, when it can be
shown that citizens or wards of the United States or persons who have been
honorably discharged from the military service of the United States are not
available for such employment. Any alien so employed must be replaced by a
citizen, ward or ex-service person of the United States applying for
employment.
(c) The employment of any teacher, instructor or
professor authorized to teach in the United States under the teacher-exchange
programs as authorized by federal laws enacted by the Congress of the United
States.
(d) Except as otherwise provided in this paragraph,
the employment of aliens by the Nevada System of Higher Education in the
technical, graduate assistant and student categories. Except in the foreign
language departments, not more than 5 percent of the total number of persons
employed in the technical, graduate assistant and student categories may be
aliens.
(e) Employment of aliens in any state or
political subdivision hospital.
4. Subject to the exceptions contained in
this section, money must not be paid out of the State Treasury or out of the
treasury of any political subdivision of the State to any person employed on
any of the work mentioned in this section unless the person is a citizen or
ward or naturalized citizen of the United States.
5. Any officer of the State of Nevada, or
of any political subdivision of the State, or any person acting under or for
such an officer, or any other person who violates any of the provisions of this
section is guilty of a misdemeanor. The penalties provided for in this section
do not apply where the violations result from misrepresentations made by the
employee by the production of fraudulent papers evidencing citizenship in the
United States.
[Part 1:168:1919; A 1921, 205; 1929, 89; NCL § 6173]
+ [3:168:1919; 1919 RL p. 2965; NCL § 6175] + [Part 4:168:1919; A 1921, 205;
NCL § 6176]—(NRS A 1963, 289; 1967, 547; 1969, 400, 879, 1425; 1973, 222; 1993, 372)
DEPUTIES AND SUBORDINATES
NRS 281.080 Deputy to take official oath. When
any officer is authorized or required by law to appoint a deputy, the deputy,
before proceeding to act, shall take the same oath as the principal of the
deputy.
[28:108:1866; B § 2626; BH § 1663; C § 1809; RL §
2792; NCL § 4792]
NRS 281.090 Deputies and clerks to perform work for state boards and
commissions without compensation. Whenever
any deputy or clerk in any state office is appointed as clerk or secretary of
any state board or commission by the board, commission or the Legislature, the
person shall serve as such clerk or secretary without compensation unless
compensation is specifically fixed by law.
[5:32:1881; BH § 2298; C § 2096; RL § 4392; NCL §
7551]—(NRS A 1969, 32)
HOURS OF EMPLOYMENT
NRS 281.100 Hours of service of employees of State and political
subdivisions; exceptions; penalty.
1. Except as otherwise provided in this
section and NRS 284.180, the services
and employment of all persons who are employed by the State of Nevada, or by
any county, city, town, township or other political subdivision thereof, are
limited to not more than 8 hours in any 1 calendar day and not more than 40
hours in any 1 week.
2. The period of daily employment
mentioned in this section commences from the time the employee takes charge of
any equipment of the employer or acts as an assistant or helper to a person who
is in charge of any equipment of the employer, or enters upon or into any
conveyance of or operated by or for the employer at any camp or living quarters
provided by the employer for the transportation of employees to the place of
work.
3. This section does not apply to:
(a) Officials of the State of Nevada or of any
county, city, town, township or other political subdivision thereof, or
employees of the State whose employment is governed by NRS 284.148.
(b) Employees of the State of Nevada or of any
county, city, town, township or other political subdivision thereof who:
(1) Are engaged as employees of a fire
department, or to nurses in training or working in hospitals, or to police,
deputy sheriffs or jailers;
(2) Chose and are approved for a variable
workday or variable 80-hour work schedules within a biweekly pay period;
(3) Work more than 8 hours but not more
than 10 hours in any 1 workday or 40 hours in any 1 workweek;
(4) Are executive, administrative,
professional or supervisory employees; or
(5) Are covered by a collective bargaining
agreement which establishes hours of service.
(c) Employees of the Legislative Counsel Bureau.
(d) Work done directly by any public utility
company pursuant to an order of the Public Utilities Commission of Nevada or
other public authority.
4. Any employee whose hours are limited by
subsection 1 may be permitted, or in case of emergency where life or property
is in imminent danger may be required, at the discretion of the officer
responsible for the employment of the employee, but subject to any agreement
made pursuant to NRS 284.181, to work
more than the number of hours limited. If so permitted or required, the
employee is entitled to receive, at the discretion of the responsible officer:
(a) Compensatory vacation time; or
(b) Overtime pay.
5. Any officer or agent of the State of
Nevada, or of any county, city, town, township, or other political subdivision
thereof, whose duty it is to employ, direct or control the services of an
employee covered by this section, who violates any of the provisions of this
section as to the hours of employment of labor as provided in this section, is
guilty of a misdemeanor.
[Part 1:203:1919; A 1935, 37; 1931 NCL § 6170] +
[Part 3:203:1919; 1919 RL p. 2966; NCL § 6172]—(NRS A 1965, 117; 1967, 547;
1971, 154; 1975, 241; 1977, 667; 1987, 711; 1993, 2089; 1997, 1985)
NRS 281.110 State offices to maintain minimum 40-hour workweeks; variable
schedules for workweek; posting of days and hours of operation.
1. The offices of all state officers,
departments, boards, commissions and agencies must maintain not less than a
40-hour workweek.
2. Variable workweek scheduling may be
required in those agencies where coverage is needed on Saturdays, Sundays and
legal holidays or on other days or during other hours, as necessary.
3. The offices of all state officers,
departments, boards, commissions and agencies must physically post the days and
hours of operation at the office. If the days or hours of operation for the
office change, the new days and hours of operation must be:
(a) Posted physically at the office;
(b) Posted on the website of the office, if any;
or
(c) Otherwise noticed publicly,
Ê at least 30
days before the change becomes effective.
[1:294:1949; 1943 NCL § 6957.01]—(NRS A 1971, 589;
1973, 79; 2003,
1435; 2011,
323)
COMPENSATION OF OFFICERS AND EMPLOYEES
NRS 281.120 Semimonthly paydays for state officers and employees;
exceptions.
1. Except as otherwise provided in this
section, all state officers and regular and temporary employees of this State
are entitled to receive salaries as fixed by law in two equal semimonthly
payments. The first semimonthly payment for each month must be for the first
half of that particular month, and the second semimonthly payment must be for
the last half of the month.
2. All payrolls must be submitted by
individual agencies immediately after the 15th and last day of each month for
approval by the Division of Human Resource Management of the Department of
Administration, and payment as approved by the State Controller must be made
not later than 10 calendar days following the end of each semimonthly pay
period.
3. A state agency or department may be
permitted to pay salaries, within the limits fixed by law, at regular 2-week
intervals, when it is established to the satisfaction of the Governor that this
method of payment will expedite and assist the work of the agency or department
without inconvenience to other agencies or departments.
[1:179:1941; A 1949, 406; 1951, 77]—(NRS A 1965, 53; 1981, 1683; 1983, 618; 2013, 2727)
NRS 281.1205 Payment of salary and wages of state officers and employees by
direct deposit; waiver. The agency
or governmental entity having jurisdiction over the payment of a state officer
or employee to whom the provisions of NRS
227.205 apply shall ensure that the state officer or employee takes one of
the following actions within 30 days after the date on which the state officer
or employee is hired, appointed or elected, as applicable:
1. Furnish to the Division of Human
Resource Management of the Department of Administration such information as may
be required to pay the salary and wages of the state officer or employee by
direct deposit; or
2. Apply to the State Controller for a
waiver as described in subsection 3 of NRS
227.205.
(Added to NRS by 2013, 2726)
NRS 281.121 Compensation for employees required to wear uniforms. On or after July 1, 1985:
1. An employee of the State of Nevada who
is required to purchase and wear a uniform while performing the employee’s
duties is entitled to receive from the employer of the employee each quarter an
allowance which is equal to one-fourth of the cost of the uniform the employee
is required to wear, including the cost of any required accessories such as a
flashlight, gun or whistle. The employer shall determine the cost of the
required uniform and accessories at the beginning of each quarter and determine
the allowance accordingly.
2. In addition to the quarterly allowance,
a person who:
(a) Is hired by the State of Nevada for a
position; or
(b) Assumes a position which is new to that
person,
Ê for which
the person is required to purchase and wear a uniform is entitled to an initial
reimbursement for the cost of one uniform and any required accessories.
3. An employer must obtain the prior
approval of the Budget Division of the Department of Administration before
designating a uniform to be worn by an employee pursuant to subsection 1.
(Added to NRS by 1983, 1044)
NRS 281.123 Limitation on maximum salary payable to persons employed by
State.
1. Except as otherwise provided in
subsection 3 or NRS 281.1233, or as authorized by
statute referring specifically to that position, the salary of a person
employed by the State or any agency of the State must not exceed 95 percent of
the salary for the office of Governor during the same period.
2. As used in subsection 1, the term
“salary”:
(a) Includes any:
(1) Payment received by an employee for
being available to work although the employee was not actually required to
perform the work;
(2) Increase in salary provided to
compensate for a rise in the cost of living;
(3) Payment received under a plan
established to encourage continuity of service; and
(4) Payment received as compensation for
purportedly performing additional duties.
(b) Excludes any:
(1) Payment received as compensation for
overtime even if that payment is otherwise authorized by law; and
(2) Rent or utilities supplied to an
employee if the employee is required by statute or regulation to live in a
particular dwelling.
3. The provisions of subsection 1 do not
apply to the salaries of:
(a) Dentists and physicians employed full-time by
the State; or
(b) Officers and employees of the Nevada System
of Higher Education.
(Added to NRS by 1975, 1846; A 1977, 1041, 1325; 1979, 1320; 1981, 1159, 1639, 2018; 1985, 39; 1993, 373)
NRS 281.1233 Procedure for state agency to obtain exception to limitation on
salary.
1. The Interim Finance Committee may
approve applications from agencies of the State for exceptions to limitations
on salaries which are expressed as percentages of salaries paid to another
person or authorized for another position.
2. The chief officer of a state agency may
submit applications for exceptions for any person or position within the agency
to the Governor who shall review and transmit them with the Governor’s
recommendation to the Interim Finance Committee.
3. The Interim Finance Committee may
approve an exception under this section if it finds that:
(a) If the application is for a particular officer
or employee, the person has exhibited exceptional qualifications or ability; or
(b) If the application is for a position, the
position requires unusual skill, ability, knowledge or some other quality, and
that under statutory salary limitations there is no qualified person seeking to
fill the position.
4. The Interim Finance Committee shall
return an application for a state officer, employee or position to the chief
officer of the agency with its approval or disapproval and, if it has approved
the exception, make an allocation from the Contingency Account in the State
General Fund, unless the exception is to begin on or after July 1 of an
odd-numbered year and provision has been made in the agency budget for the
increase in salary.
(Added to NRS by 1977, 1040; A 1979, 965)
NRS 281.125 Restrictions upon payment of salary of appointive officer or
employee when salary determined by law. In
cases where the salary of an appointive officer or employee is determined by
law, such salary must not be paid unless a specific legislative appropriation
of money or a specific legislative authorization for the expenditure of money
is made or enacted for the department or agency.
(Added to NRS by 1957, 350; A 1981, 1521; 1999, 1813)
NRS 281.127 State officers and employees paid one salary for all services
rendered; exceptions.
1. Unless otherwise provided by law, no
public officer or employee whose salary is set by law, whether or not the
officer or employee serves the State in more than one capacity, may be paid
more than one salary for all services rendered to the State.
2. The provisions of subsection 1 do not
apply to any public officer or employee for salaries:
(a) For any ex officio duties the officer or
employee may be required by law to perform.
(b) For teaching during off-duty hours in an
educational program sponsored by a governmental authority if the officer or
employee is not regularly employed in such program by that governmental
authority.
(Added to NRS by 1959, 197; A 1979, 58)
NRS 281.1275 Reduction in salary of certain public officers and employees for
part-day absence from work prohibited; accounting for part-day absence;
exception.
1. Except as permitted by the federal
Family and Medical Leave Act of 1993, the salary of a public officer or
employee of the State or any agency thereof, or of a political subdivision or
any agency thereof, who is not entitled pursuant to federal or state law, local
ordinance, or policy or contract of employment to earn overtime at the rate of
time and one-half, must not be reduced for an absence from work for part of a
day.
2. The provisions of this section do not
apply to an officer or employee of the Legislative Branch of Government, except
an officer or employee of the legislative library.
(Added to NRS by 1991, 1150; A 1993, 2090)
NRS 281.129 Deductions from payroll for state officers and employees;
regulations.
1. Any officer of the State, except the
Legislative Fiscal Officer, who disburses money in payment of salaries and
wages of officers and employees of the State:
(a) May, upon written requests of the officer or
employee specifying amounts, withhold those amounts and pay them to:
(1) Charitable organizations;
(2) Employee credit unions;
(3) Except as otherwise provided in
paragraph (b), insurers;
(4) The United States for the purchase of
savings bonds and similar obligations of the United States; and
(5) Employee organizations and labor
organizations.
(b) Shall, upon receipt of information from the
Public Employees’ Benefits Program specifying amounts of premiums or contributions
for coverage by the Program, withhold those amounts from the salaries or wages
of officers and employees who participate in the Program and pay those amounts
to the Program.
2. The State Controller may adopt
regulations necessary to withhold money from the salaries or wages of officers
and employees of the Executive Department.
(Added to NRS by 1981, 655; A 1991, 658; 1999, 3020; 2003, 3258)
NRS 281.130 Salaries and fees of public officers and employees subject to
attachment, garnishment and execution; fraudulent assignment void; restriction
on running of statute of limitations.
1. The fees and salaries of all persons
holding office or positions of profit under the government of the State of
Nevada, or under any county, township, city, town or school district within the
State, shall be subject to attachment and execution for all debts and
liabilities created or incurred by such officials or other persons. All
assignments, sales or transfers of such fees and salaries, previous to becoming
due, unless made in good faith and not to defraud creditors, shall be void as
against all such debts and liabilities.
2. In case of the garnishment or
attachment of any auditor, treasurer or disbursing officer, under the
provisions of this section, such officer so garnished or holding the funds or
property attached may pay the sum named, or deliver the property named in the
garnishment or attachment, into the court issuing the same, taking the receipt
of the court therefor, which shall be a full release of the disbursing officer
from the garnishment or attachment.
3. The statute of limitations shall not
run against any indebtedness of such officer or person, existing at the time
the officer or person entered upon the duties of such office or position,
during the time such office or position shall be held.
[1:15:1883; A 1889, 118; C § 1882, RL § 2864; NCL §
4878] + [2:15:1883; BH § 2423; C § 1883; RL § 2865; NCL § 4879] + [3:15:1883;
BH § 2424; C § 1884; RL § 2866; NCL § 4880]
NRS 281.140 State officers may sell evidence of public indebtedness issued
for services rendered. All state
officers shall have the right to sell or transfer any evidence of public
indebtedness which may be issued according to law, for services rendered by them
to the State, and legally and justly due.
[Part 99:108:1866; B § 2697; BH § 1734; C § 1880; RL
§ 2846; NCL § 4846]
NRS 281.145 Leave of absence for military duty.
1. Except as otherwise provided in
subsection 2, any public officer or employee of the State or any agency
thereof, or of a political subdivision or an agency of a political subdivision,
who is an active member of the United States Army Reserve, the United States
Naval Reserve, the United States Marine Corps Reserve, the United States Coast
Guard Reserve, the United States Air Force Reserve or the Nevada National Guard
must be relieved from the officer’s or employee’s duties, upon the officer’s or
employee’s request, to serve under orders without loss of the officer’s or
employee’s regular compensation for a period of not more than 15 working days
in any 1 calendar year. No such absence may be a part of the employee’s annual
vacation provided for by law.
2. Any public officer or employee of the
State or any agency thereof whose work schedule includes Saturday or Sunday and
who is an active member of the United States Army Reserve, the United States
Naval Reserve, the United States Marine Corps Reserve, the United States Coast
Guard Reserve, the United States Air Force Reserve or the Nevada National Guard
must be relieved from the officer’s or employee’s duties, upon the officer’s or
employee’s request, to serve under orders without loss of the officer’s or
employee’s regular compensation for a period of not more than 39 working days
in any 1 calendar year. No such absence may be a part of the employee’s annual
vacation provided for by law.
(Added to NRS by 1981, 527; A 2013, 1458)
NRS 281.147 Leave of absence for duty as American National Red Cross
disaster technician. Any public
officer or employee of the State or any agency thereof, or of a political
subdivision or an agency of a political subdivision, who is classified by the
American National Red Cross as a disaster technician must be relieved from the
officer’s or employee’s duties, upon the request of the American National Red
Cross and the approval of the employer of the officer or employee, to assist
the American National Red Cross during an emergency or disaster described in NRS 414.020 which occurs in this state or
California, Oregon, Idaho, Utah or Arizona, without loss of the officer’s or
employee’s regular compensation for a period of not more than 15 working days
in any calendar year. No such absence may be a part of the annual vacation of
the public officer or employee which is provided for by law.
(Added to NRS by 1995, 187; A 1999, 1255)
NRS 281.149 Leave of absence for duty as emergency communications
technician.
1. Any public officer or employee of the
State or any agency thereof, or of a political subdivision or an agency of a
political subdivision, who is an emergency communications technician must be
relieved from the officer’s or employee’s duties, upon the request of the
Division of Emergency Management of the Department of Public Safety or a local
organization for emergency management and the approval of the employer of the
officer or employee, to assist the division or local organization for emergency
management during a disaster or emergency that occurs in this state,
California, Oregon, Idaho, Utah or Arizona, without loss of the officer’s or
employee’s regular compensation for a period of not more than 15 working days
in any calendar year. No such absence may be a part of the annual vacation of
the public officer or employee which is provided for by law.
2. As used in this section:
(a) “Disaster” has the meaning ascribed to it in NRS 414.0335.
(b) “Emergency” has the meaning ascribed to it in
NRS 414.0345.
(c) “Emergency communications technician” means a
person who is:
(1) Licensed by the Federal Communications
Commission as an amateur radio operator; and
(2) A member of:
(I) The Radio Amateur Civil
Emergency Service or a successor organization sponsored by the agency of the
Federal Government for emergency management; or
(II) The Amateur Radio Emergency
Service or a successor organization sponsored by the American Radio Relay
League or its successor.
(d) “Local organization for emergency management”
has the meaning ascribed to it in NRS
414.036.
(Added to NRS by 2001 Special
Session, 63)
NRS 281.150 Payment of stipends for educational leave.
1. Pursuant to the provisions of NRS 284.343, any department, board,
commission or agency of this State may authorize the expenditure of public
money or expend public money for the payment of educational leave stipends to
any officer or employee of this State.
2. Notwithstanding the provisions of NRS 284.343, the Division of Welfare and
Supportive Services of the Department of Health and Human Services may, where
part of the cost of educational leave stipends may be paid from funds made
available by the Federal Government or another source to assist in increasing
the effectiveness and efficiency of administration of public welfare programs
by increasing the number of adequately trained personnel available for work in
public welfare programs, grant educational leave stipends. No person may be
granted educational leave stipends under the provisions of this subsection
until the person has entered into a contract with the Division of Welfare and
Supportive Services whereby the person agrees to pursue only courses required
for social work degrees and to return to the employ of the Division on the
basis of 1 year for each 9 months’ educational leave taken or to refund the
amount of such stipends. Performance of the employment contract may be waived
by the Administrator of the Division of Welfare and Supportive Services in
cases of extreme hardship or other valid excuse.
3. The provisions of NRS 284.343 do not apply to employees of
the Rehabilitation Division of the Department of Employment, Training and
Rehabilitation where the educational expenses are paid from money made
available by the Federal Government or another source to assist the recipient
to remain current in techniques and procedures relating to the recipient’s
employment. No person may be granted assistance under this subsection without
the prior approval of the Director of the Department of Employment, Training
and Rehabilitation as to educational subject matter.
[1:152:1953] + [2:152:1953]—(NRS A 1960, 156; 1963,
898; 1965, 397; 1971, 570, 1324; 1973, 1406; 1993, 1549; 1997, 2337)
NRS 281.153 Program for police officers and firefighters with temporary
disabilities: Election of salary in lieu of compensation for injury or disease;
notice to insurer of election to receive salary; accrual of benefits.
1. The employer of a police officer or
firefighter may establish a program that allows a police officer or firefighter
whom it employs who has suffered a catastrophe resulting in temporary total
disability to elect to continue to receive the police officer’s or
firefighter’s normal salary for a period of not more than 1 year in lieu of
receiving the compensation for the industrial injury or occupational disease
for which the police officer or firefighter is eligible pursuant to chapters 616A to 616D, inclusive, or 617 of NRS, unless the police officer or
firefighter has made an election pursuant to NRS
281.390.
2. A program established pursuant to
subsection 1:
(a) Must prescribe the conditions pursuant to
which a police officer or firefighter is eligible to receive the police
officer’s or firefighter’s normal salary in accordance with an election
pursuant to subsection 1; and
(b) May allow a police officer or firefighter to
return to light-duty employment or employment modified according to the police
officer’s or firefighter’s physical restrictions or limitations and receive the
police officer’s or firefighter’s normal salary during the period of an
election pursuant to subsection 1.
3. Unless the employer is self-insured or
a member of an association of self-insured public or private employers, the
employer shall notify the insurer that provides industrial insurance for that
employer of the election by a police officer or firefighter pursuant to
subsection 1. When the police officer or firefighter is no longer eligible to
receive the police officer’s or firefighter’s normal salary pursuant to such an
election, the employer shall notify the insurer so that the insurer may begin
paying to the police officer or firefighter the benefits, if any, for
industrial insurance for which the police officer or firefighter is eligible.
If the employer is self-insured or a member of an association of self-insured
public or private employers and the police officer or firefighter is no longer
eligible to receive the police officer’s or firefighter’s normal salary in
accordance with an election pursuant to subsection 1, the employer shall begin
paying the benefits, if any, for industrial insurance to which the police
officer or firefighter is entitled.
4. During the period in which the police
officer or firefighter elects to receive the police officer’s or firefighter’s
normal salary pursuant to subsection 1, the police officer or firefighter
accrues sick leave, annual leave and retirement benefits at the same rate at
which the police officer or firefighter accrued such leave and benefits
immediately before the election.
5. As used in this section:
(a) “Catastrophe” means an illness or accident
arising out of or in the course of employment which is life threatening or
which will require a period of convalescence that an attending physician
expects to exceed 30 days and because of which the employee is unable to
perform the duties of the employee’s position.
(b) “Police officer” has the meaning ascribed to
it in NRS 617.135.
(Added to NRS by 1997, 2220; A 2005, 321)
NRS 281.155 Payment of compensation due to deceased employee of State or
political subdivision.
1. If the employee has filed a written
designation of beneficiary, the final payment of compensation due a deceased
employee of the State, or of any county, city, town, township, district or any
other political subdivision of the State, is not the employee’s property or
that of the employee’s estate but must be released to the designated
beneficiary upon the written request of the beneficiary.
2. If the deceased employee has not filed
such a designation with the employing public entity of the employee, the final
payment is a part of the employee’s personal estate.
3. As used in this section, “final
payment” means the net amount due the employee after the deduction of all
lawfully withheld sums from the employee’s gross compensation.
(Added to NRS by 1975, 1153; A 1981, 562)
NRS 281.157 Commission to Review Compensation: Definition. As used in NRS 281.157
to 281.1575, inclusive, unless the context
otherwise requires, “Commission” means the Commission to Review the
Compensation of Constitutional Officers, Legislators, Supreme Court Justices,
Judges of the Court of Appeals, District Judges and Elected County Officers
which is created pursuant to NRS 281.1571.
(Added to NRS by 1993, 2633; A 2013, 1771)
NRS 281.1571 Commission to Review Compensation: Creation; composition.
1. There is hereby created a Commission to
Review the Compensation of Constitutional Officers, Legislators, Supreme Court
Justices, Judges of the Court of Appeals, District Judges and Elected County
Officers, consisting of nine members.
2. The members must be appointed by the
following persons:
(a) One member by the Speaker of the Assembly.
(b) One member by the Majority Leader of the
Senate.
(c) One member by the Minority Leader of the
Assembly.
(d) One member by the Minority Leader of the
Senate.
(e) Two members by the Chief Justice of the Supreme
Court.
(f) Three members by the Governor.
3. The Commission shall elect a Chair and
such other officers as it deems necessary from among its members.
4. A current officer or employee of the
State or any of its political subdivisions must not be appointed as a member of
the Commission.
5. The members appointed by the Governor
must be selected in the following manner:
(a) Two members, one from each congressional
district, who do not belong to the same political party.
(b) One member from a list of three nominees
submitted by the Nevada Association of Counties.
(Added to NRS by 1993, 2634; A 2013, 1771)
NRS 281.1572 Commission to Review Compensation: Notification of appointment;
terms; removal; vacancy.
1. Members of the Commission must be
appointed on or before January 15 of each even-numbered year. The Director of
the Legislative Counsel Bureau must be notified of the appointment of each
member.
2. The term of each member of the
Commission expires at the end of the next regular session of the Legislature
following the appointment. Members are eligible for reappointment.
3. A member of the Commission may be
removed by the Governor before the expiration of the member’s term for
misconduct in office, incompetence or neglect of duty.
4. If a vacancy occurs in the membership
of the Commission, the Governor shall appoint a person to fill the vacancy for
the remainder of the unexpired term.
(Added to NRS by 1993, 2634)
NRS 281.1573 Commission to Review Compensation: Salary; meetings;
administrative support.
1. Each member of the Commission is
entitled to receive $80 for each day that the member attends a regularly called
meeting of the Commission.
2. The first meeting of the Commission
must be held on or before June 15 of the year in which the members are
appointed. Thereafter, the Chair shall call meetings of the Commission as often
as the Chair deems necessary.
3. The Director of the Legislative Counsel
Bureau shall provide the Commission with administrative support.
(Added to NRS by 1993, 2634)
NRS 281.1574 Commission to Review Compensation: Quorum; vote required to
approve recommendations regarding compensation. A
majority of the members of the Commission constitutes a quorum to transact
business. The affirmative vote of five members is required to approve the
recommendations of the Commission regarding compensation.
(Added to NRS by 1993, 2634)
NRS 281.1575 Commission to Review Compensation: Duties.
1. The Commission shall:
(a) Review the compensation paid to
constitutional officers, Supreme Court justices, judges of the Court of
Appeals, district judges and elected county officers.
(b) Review the compensation paid to the members
of the Legislature during and between legislative sessions.
(c) Hold public hearings to discuss the issues
and receive public comment.
(d) If it determines that changes in legislation
are required, request the assistance of the Legislative Counsel in the
preparation of a bill draft on or before November 15 of each even-numbered
year. Upon completion of the bill draft, the Legislative Counsel shall deliver
the bill draft to the appropriate standing committee of the Assembly or Senate
within the first week of the next regular legislative session for introduction.
2. In reviewing the issues of compensation
required by subsection 1, the Commission shall:
(a) Compare the current salaries of persons with
similar qualifications who are employed by the State of Nevada and in the
public sector;
(b) Determine the minimum salary required to
attract and retain experienced and competent persons; and
(c) Consider the average number of days that
Legislators serve during their term, the amount of work required of Legislators
when the Legislature is not in regular session, and the opportunities they have
to earn additional income from outside sources.
3. The Commission may recommend that any
increase in the compensation of a county officer apply retroactively if not
prohibited by law.
(Added to NRS by 1993, 2634; A 2013, 1772)
TRAVEL AND SUBSISTENCE FOR STATE OFFICERS AND EMPLOYEES
NRS 281.160 Persons entitled to payment for expenses; rate of allowance for
travel; use of private or special use vehicles; reimbursement of weekend travel
expenses; regulations.
1. Except as otherwise provided in
subsection 2, 5 or 6, or by specific statute, if a district judge, state
officer, state employee or member of an advisory board supported in whole or in
part by any public money, whether the public money is received from the Federal
Government or any branch or agency thereof, or from private or any other
sources, transacts public business outside of the municipality or other area in
which the person’s principal office is located, the judge, officer, employee or
member, as applicable, is entitled to receive the person’s expenses in the
transaction of that public business, to be paid at a rate established by the
State Board of Examiners, for each 24-hour period during which the person is:
(a) Away from the office and within the State; or
(b) Outside of the State.
2. Any person enumerated in subsection 1
is entitled to receive expenses for a period of less than 24 hours in
accordance with regulations of the State Board of Examiners.
3. Any person enumerated in subsection 1
is entitled to receive an allowance for transportation in the transaction of
public business, whether within or outside of the municipality or other area in
which the person’s principal office is located. Transportation must be by the
most economical means, considering total cost, time spent in transit and the
availability of state-owned automobiles and special use vehicles. The State
Board of Examiners shall establish the rate of the allowance for travel by
private conveyance. The rate must equal the standard mileage reimbursement rate
for which a deduction is allowed for the purposes of federal income tax that is
in effect at the time the rate is established. If a private conveyance is used
for reasons of personal convenience in transaction of state business, the
allowance for travel is one-half the established rate.
4. The State Board of Examiners may
establish a transportation allowance for the use of private, special use
vehicles on public business by any person enumerated in subsection 1, whether
within or outside of the municipality or other area in which the person’s principal
office is located. The allowance must be established at rates higher than the
rates established in subsection 3.
5. The State Board of Examiners may
establish:
(a) A room rate in excess of the normal allowance
for reimbursement of employees who are required to travel on weekends to serve
the needs of the public. The Board may require the submission of receipts as a
condition of reimbursement at the special rate.
(b) Reasonable rates for expenses outside of the
United States that will allow a person to purchase the same quality of food as
the domestic rate allows.
6. The State Board of Examiners shall
adopt regulations, and shall require other state agencies to adopt regulations,
in accordance with the purpose of this section, and a state agency may, with
the approval of the State Board of Examiners, adopt a rate of reimbursement
less than the amounts established pursuant to subsection 1 where unusual
circumstances make that rate desirable.
7. The rate established by the State Board
of Examiners pursuant to subsection 1 must be the same as the comparable rate
established for employees of the Federal Government by the Administrator of
General Services pursuant to 5 U.S.C. § 5707, but is not subject to any federal
requirement, restriction or other condition that is applicable to that
comparable rate.
[1:17:1928; A 1953, 376; 1955, 381]—(NRS A 1959, 860;
1960, 297; 1961, 279; 1963, 143, 478, 1281; 1965, 289; 1967, 453; 1971, 593;
1973, 187, 369; 1975, 255; 1977, 793; 1979, 697; 1981, 1749; 1985, 390; 1987, 768; 1989, 1513; 1993, 2503; 1995, 894; 1997, 1231; 2001
Special Session, 263, 264; 2007, 592)
NRS 281.165 District judge to submit claims for travel and subsistence to
Court Administrator. All claims of
district judges for travel expenses and subsistence allowances must be
submitted to the Court Administrator in accordance with NRS 1.365.
(Added to NRS by 1961, 401; A 1965, 53; 1989, 328)
NRS 281.167 Payment of subsistence and expenses of travel and moving on
transfer or hiring of state employee; repayment on voluntary termination of
employment; regulations; claims.
1. A state agency, board or commission may
pay for the travel, subsistence and expenses of moving household furnishings
and appliances of an employee and the employee’s family if:
(a) The agency, board or commission transfers,
for the convenience of the State, an employee with permanent status from one
location to another for permanent assignment;
(b) The agency, board or commission accepts an
employee who, for the convenience of the State, changes employment from another
agency, board or commission; or
(c) The employee:
(1) Was hired for a permanent position,
whether classified or unclassified, for which there is a critical need and
which cannot otherwise be filled; and
(2) Moved from a location which was at
least 50 miles from the employee’s new location.
2. If an employee who has been reimbursed
pursuant to paragraph (c) of subsection 1 voluntarily terminates the employment
of the employee within 1 year after beginning work, the employee must repay to
the State the amount of the reimbursement. The agency, board or commission may
withhold from the employee’s regular pay or final payment received upon the
termination of the employment of the employee, the amount of the repayment
required by this subsection.
3. Maximum allowances for weight, travel
and subsistence for the employee and the employee’s family must be determined
by regulations of the State Board of Examiners.
4. All requests for payment pursuant to
this section must be submitted to the State Board of Examiners before
obligations are incurred. Upon approval by the State Board of Examiners, claims
must be submitted for payment in the same manner as other claims against the
state from money available to the agency, board or commission.
(Added to NRS by 1971, 509; A 1987, 402)
NRS 281.169 Payment of travel and per diem expenses of applicant for
employment; claims.
1. Except as otherwise provided in
subsection 3, a state agency, board or commission may pay for the travel and
per diem expenses of the three most highly rated applicants for a permanent
position with that agency, board or commission incurred while those applicants
are being interviewed for that position.
2. If such an applicant must travel from
another state to be interviewed, the expenses must be paid at the rate established
by the State Board of Examiners for state employees traveling outside the
State. If such an applicant must travel from within the State to be
interviewed, the expenses must be paid at the rate established by the State
Board of Examiners for state employees traveling within the State.
3. If the position is offered to one of
the applicants and that applicant does not accept it, the agency, board or
commission may not pay for that applicant’s expenses.
4. All requests for payment pursuant to
this section must be submitted to the State Board of Examiners before
obligations are incurred. Upon approval by the State Board of Examiners, claims
must be submitted for payment in the same manner as other claims against the
State from money available to the agency, board or commission.
(Added to NRS by 1987, 402)
ADVANCES OF MONEY TO STATE OFFICERS AND EMPLOYEES FOR PER
DIEM AND TRAVEL EXPENSES
NRS 281.172 Application; approval by administrative head or State
Controller; payment upon approval.
1. Any state officer or employee may apply
for advance money for authorized per diem and travel expenses arising out of
the officer’s or employee’s official duties or employment in the amounts
established by the State Board of Examiners pursuant to NRS
281.160 by filing a request with the administrative head of the state
office, department or agency by which the officer or employee is employed.
2. If the administrative head or the
designee of the administrative head approves the request, the administrative
head or designee shall process a voucher for a cash advance for travel in the
approved amount in the same manner as other claims against the State are
processed.
3. Unless otherwise approved by the Budget
Division of the Department of Administration before the travel occurs, all cash
advances for travel issued by the administrative head or designee must be
charged to the budget account to which money was appropriated or authorized for
expenditure for the travel.
4. If the administrative head or designee
cannot process a cash advance for travel because of a temporary budget
restriction, the administrative head or designee may forward a copy of the
request and approval to the State Controller.
5. Upon receiving a copy of the request
and approval from the administrative head or designee, the State Controller may
issue a check or warrant for the cash advance for travel.
(Added to NRS by 1959, 304; A 1960, 299; 1975, 167; 1979, 104; 1989, 311; 1997, 1288; 2007, 593, 920)
NRS 281.173 Advance constitutes lien on accrued wages of officer or
employee. A cash advance for
travel, when approved by the administrative head or the designee of the
administrative head or the State Controller, constitutes a lien in favor of the
State of Nevada upon the accrued wages of the requesting officer or employee in
an amount equal to the sum advanced, but the administrative head or designee or
the State Controller may, in the discretion of the administrative head or
designee or the State Controller, advance more than the amount of the accrued
wages of the officer or employee.
(Added to NRS by 1959, 304; A 1997, 1289; 2007, 920)
NRS 281.174 Payment for amount in excess of advance. Upon the return of the officer or employee,
the officer or employee is entitled to receive any authorized expenses in
excess of the amount advanced.
(Added to NRS by 1959, 304; A 1983, 387, 1090; 1985, 62; 1989, 311; 1991, 1758; 1997, 1289; 2007, 920)
NRS 281.1745 Cash advance when reimbursement may be delayed. When an officer or employee uses a charge card
issued at the request of the State for cash advances or travel expenses, or
both, and the receipt of the travel reimbursement may be delayed more than 5
working days after the date of the initial submission of the travel
reimbursement claim, the administrative head or the designee of the
administrative head shall immediately issue to the officer or employee, for
payment to the issuer of the charge card issued at the request of the State, a
cash advance as described in NRS 281.172 in the
amount of the total travel expenses charged on the charge card.
(Added to NRS by 1997, 1288; A 2007, 920)
NRS 281.175 Rules and regulations of State Controller. The State Controller may make reasonable rules
and regulations to carry out the provisions of NRS
281.172 to 281.175, inclusive.
(Added to NRS by 1959, 304; A 1997, 1289; 2007, 921)
RECORDS
NRS 281.180 Record of official acts of person taking acknowledgments;
liability and penalty.
1. Each person authorized by law to take
the proof or acknowledgment of the execution of conveyances of real property,
or other instrument required by law to be proved or acknowledged, shall keep a
record of all of the person’s official acts in relation thereto in a book to be
provided by the person for that purpose. There shall be entered in the book:
(a) The date of the proof or acknowledgment
thereof.
(b) The date of the instrument.
(c) The name or character of the instrument
proved or acknowledged.
(d) The names of each of the parties thereto, as
grantor, grantee or otherwise.
Ê During
business hours, the record shall be open to public inspection without fee or
reward.
2. Any person mentioned in subsection 1
who refuses or neglects to comply with the requirements of this section shall:
(a) Be punished by a fine of not more than $500;
and
(b) Be liable on the person’s official bond in
damages to any person injured by such refusal or neglect to the extent of the
injury sustained by reason of the refusal or neglect mentioned in this
subsection.
[1:32:1869; B § 315; BH § 2662; C § 2730; RL § 1098;
NCL § 1559] + [2:32:1869; B § 316; BH § 2663; C § 2731; RL § 1099; NCL §
1560]—(NRS A 1967, 548)
NRS 281.190 Unlawful withholding or destruction of records; penalties.
1. If an officer whose office is abolished
by law, or who, after the expiration of the term for which the officer is
appointed or elected, or after the officer has resigned, or when legally
removed from office, willfully or unlawfully withholds or detains from the
officer’s successor, or other person entitled thereto by law, the records,
papers, documents or other writings pertaining or belonging to the officer’s
office, or mutilates, destroys or takes away any such writing, the person so
offending is guilty of a category D felony and shall be punished as provided in
NRS 193.130.
2. The provisions of this section apply to
any person who has possession of the records, documents, papers or other
writings and willfully mutilates, withholds or detains them.
[63:108:1866; B § 2661; BH § 1698; C § 1844; RL §
2819; NCL § 4819]—(NRS A 1979, 1464; 1995, 1264)
USE OF COMPUTERS
NRS 281.195 Access by state agency to computers assigned or loaned to
officers, employees and contractors: Requirements; exceptions; reports of
inappropriate use; adoption of policies and procedures for responding to such
reports.
1. Except as otherwise provided in
subsection 3, a state agency that accesses or causes to be accessed a computer
of the state agency that has been assigned or loaned by the state agency to an
officer, employee or contractor for the officer’s, employee’s or contractor’s
exclusive or routine use in carrying out the duties of the officer’s,
employee’s or contractor’s position shall notify the officer, employee or
contractor of such access.
2. The notice of access required pursuant
to subsection 1 must be provided in a uniform and understandable format. The
notice may be provided before or after such access occurs, but not more than 48
hours before or 48 hours after such access occurs.
3. The head of a state agency, any state
officer to whom the head of the state agency reports or the appointee or
designee of either may authorize the access of a computer of the state agency
without providing the notice of access otherwise required by subsections 1 and
2:
(a) If the access occurs during the course of:
(1) An internal investigation which is
conducted within the state agency by the personnel of the state agency as
authorized by law and any information concerning such access is kept in a file
maintained by the state agency pertaining to the investigation; or
(2) An investigation which is conducted by
a state or federal law enforcement agency.
(b) Except as otherwise provided in subsection 5,
if the access occurs in the course of regular or routine maintenance conducted
by an employee of the state agency whose duties include the regular or routine
maintenance of the computers of the state agency and the state agency has
adopted by regulation and implemented the procedure set forth in subsection 4.
(c) If a state agency has adopted by regulation
the procedure set forth in subsection 4 and the access occurs after recording
the information required pursuant to subsection 4.
4. A state agency may adopt by regulation
a procedure to record access to computers of the state agency in a log
maintained by the state agency for that purpose. If a state agency adopts such
a procedure, the procedure must include, without limitation, a requirement for
the recording of the following information concerning the access in the log:
(a) The date on which the access will occur and,
if known, the time at which the access will occur on that date;
(b) As determined by the officer, appointee or
designee who authorizes the access, a reasonable explanation of the exigent
circumstances or other relevant considerations which justify accessing the
computer without the knowledge of the officer, employee or contractor to whom
the agency has assigned or loaned the computer;
(c) The name of each person who will be
authorized or required to perform the access;
(d) The name of each person who will be allowed
to examine information stored on the computer or retrieved from the computer;
and
(e) The name of each person who will be
authorized or required to archive, maintain, store, transfer, transmit or destroy
information retrieved from the computer.
Ê The log
described in this subsection, and any entries in that log, are confidential and
not public books or records within the meaning of NRS 239.010, but must be disclosed upon
the lawful order of a court of competent jurisdiction.
5. If an employee discovers evidence of
inappropriate use while accessing a computer to perform regular or routine
maintenance:
(a) The employee shall provide the details of the
alleged inappropriate use to the officer, appointee or designee who authorized
the access, and to any other appropriate personnel of the state agency; and
(b) Information concerning the access must be
recorded in the log maintained by the state agency.
6. Each state agency that has adopted a
policy for the use of the computers of the state agency shall adopt policies
and procedures for responding to reports of the inappropriate use of those
computers, including, without limitation, provisions relating to the transfer,
transmission and destruction of information.
7. As used in this section:
(a) “Access” includes, without limitation,
adding, copying, deleting, manipulating or observing the files or other
information stored on a computer, whether such actions are carried out directly
or remotely.
(b) “Inappropriate use” means the use of a
computer of a state agency in a manner that:
(1) If the state agency is an agency of
the Executive Branch of State Government, violates the written policy created
by the agency pursuant to NRS 242.300.
(2) If the state agency is an agency of
the Legislative or Judicial Branch of State Government, violates the policy, if
any, established by that agency for the use of the computers of the agency.
(3) Violates any state or federal law.
(c) “State agency” means an agency, bureau,
board, commission, department, division or any other unit of the Executive,
Legislative or Judicial Branches of State Government.
(Added to NRS by 2005, 671)
MISCELLANEOUS PROVISIONS AND PROHIBITIONS
NRS 281.210 Officers of State, political subdivision and Nevada System of
Higher Education prohibited from employing relatives; exceptions; penalties.
1. Except as otherwise provided in this
section, it is unlawful for any person acting as a school trustee, state,
township, municipal or county officer, or as an employing authority of the
Nevada System of Higher Education, any school district or of the State, any
town, city or county, or for any state or local board, agency or commission,
elected or appointed, to employ in any capacity on behalf of the State of
Nevada, or any county, township, municipality or school district thereof, or
the Nevada System of Higher Education, any relative of such a person or of any
member of such a board, agency or commission who is within the third degree of
consanguinity or affinity.
2. This section does not apply:
(a) To school districts, when the teacher or
other school employee is not related to more than one of the trustees or person
who is an employing authority by consanguinity or affinity and receives a
unanimous vote of all members of the board of trustees and approval by the
Department of Education.
(b) To school districts, when the teacher or
other school employee has been employed by an abolished school district or
educational district, which constitutes a part of the employing county school
district, and the county school district for 4 years or more before April 1,
1957.
(c) To the spouse of the warden of an institution
or manager of a facility of the Department of Corrections.
(d) To relatives of officers and employees who
are blind of the Bureau of Services to Persons Who Are Blind or Visually
Impaired of the Rehabilitation Division of the Department of Employment,
Training and Rehabilitation when those relatives are employed as automobile
drivers for those officers and employees.
3. Nothing in this section:
(a) Prevents any officer in this State, employed
under a flat salary, from employing any suitable person to assist in any such
employment, when the payment for the service is met out of the personal money
of the officer.
(b) Disqualifies any widow with a dependent as an
employee of any officer or board in this State, or any of its counties,
townships, municipalities or school districts.
4. A person employed contrary to the
provisions of this section must not be compensated for the employment.
5. Any person violating any provisions of
this section is guilty of a gross misdemeanor.
[1:75:1925; A 1927, 43; 1935, 172; 1951, 22] +
[2:75:1925; NCL § 4852] + [3:75:1925; NCL § 4853]—(NRS A 1957, 704; 1960, 369;
1963, 1178; 1967, 549; 1969, 227; 1973, 563, 1406; 1975, 554; 1977, 870; 1989, 1958; 1993, 374, 1550; 1995, 579; 1997, 1171; 1999, 174; 2001
Special Session, 234, 235; 2003, 289, 306, 1131, 1132)
NRS 281.221 Contracts in which state officer has interest prohibited;
exceptions; penalties.
1. Except as otherwise provided in this
section and NRS 281A.430, it is
unlawful for a state officer, who is not a member of the Legislature subject to
the restrictions set forth in NRS
218A.970, to:
(a) Become a contractor under any contract or
order for supplies or other kind of contract authorized by or for the State or
any of its departments, or the Legislature or either of its houses, or to be
interested, directly or indirectly, as principal, in any kind of contract so
authorized.
(b) Be interested in any contract made by the officer
or to be a purchaser or interested in any purchase under a sale made by the
officer in the discharge of the officer’s official duties.
2. A member of any board, commission or
similar body who is engaged in the profession, occupation or business regulated
by the board, commission or body may supply or contract to supply, in the
ordinary course of his or her business, goods, materials or services to any
state or local agency, except the board, commission or body of which he or she
is a member, if the member has not taken part in developing the contract plans
or specifications and the member will not be personally involved in opening,
considering or accepting offers.
3. A full- or part-time faculty member in
the Nevada System of Higher Education may bid on or enter into a contract with
a governmental agency, or may benefit financially or otherwise from a contract
between a governmental agency and a private entity, if the contract complies
with the policies established by the Board of Regents of the University of
Nevada pursuant to NRS 396.255.
4. A state officer, other than an officer
described in subsection 2 or 3, may bid on or enter into a contract with a
governmental agency if the contracting process is controlled by rules of open
competitive bidding, the sources of supply are limited, the officer has not
taken part in developing the contract plans or specifications and the officer
will not be personally involved in opening, considering or accepting offers.
5. Any contract made in violation of this
section may be declared void at the instance of the State or of any other
person interested in the contract except an officer prohibited from making or
being interested in the contract.
6. A person who violates this section is
guilty of a gross misdemeanor and shall forfeit his or her office.
(Added to NRS by 1977, 1109; A 1993, 2241; 1995, 689; 2001, 1627; 2013, 3761)
NRS 281.230 Unlawful commissions, personal profit and compensation of public
officers and employees; penalties; payment of commission, profit or compensation
to public employer.
1. Except as otherwise provided in this
section and NRS 218A.970, 281A.430 and 332.800, the following persons shall not,
in any manner, directly or indirectly, receive any commission, personal profit
or compensation of any kind resulting from any contract or other significant
transaction in which the employing state, county, municipality, township,
district or quasi-municipal corporation is in any way directly interested or
affected:
(a) State, county, municipal, district and
township officers of the State of Nevada;
(b) Deputies and employees of state, county,
municipal, district and township officers; and
(c) Officers and employees of quasi-municipal
corporations.
2. A member of any board, commission or
similar body who is engaged in the profession, occupation or business regulated
by the board, commission or body may, in the ordinary course of his or her
business, bid on or enter into a contract with any governmental agency, except
the board, commission or body of which he or she is a member, if the member has
not taken part in developing the contract plans or specifications and the
member will not be personally involved in opening, considering or accepting
offers.
3. A full- or part-time faculty member or
employee of the Nevada System of Higher Education may bid on or enter into a
contract with a governmental agency, or may benefit financially or otherwise
from a contract between a governmental agency and a private entity, if the
contract complies with the policies established by the Board of Regents of the
University of Nevada pursuant to NRS
396.255.
4. A public officer or employee, other
than an officer or employee described in subsection 2 or 3, may bid on or enter
into a contract with a governmental agency if the contracting process is
controlled by rules of open competitive bidding, the sources of supply are
limited, the public officer or employee has not taken part in developing the
contract plans or specifications and the public officer or employee will not be
personally involved in opening, considering or accepting offers. If a public
officer who is authorized to bid on or enter into a contract with a
governmental agency pursuant to this subsection is a member of the governing
body of the agency, the public officer, pursuant to the requirements of NRS 281A.420, shall disclose his or her
interest in the contract and shall not vote on or advocate the approval of the
contract.
5. A person who violates any of the
provisions of this section shall be punished as provided in NRS 197.230 and:
(a) Where the commission, personal profit or
compensation is $650 or more, for a category D felony as provided in NRS 193.130.
(b) Where the commission, personal profit or
compensation is less than $650, for a misdemeanor.
6. A person who violates the provisions of
this section shall pay any commission, personal profit or compensation
resulting from the contract or transaction to the employing state, county,
municipality, township, district or quasi-municipal corporation as restitution.
[1:107:1927; NCL § 4855] + [2:107:1927; NCL § 4856] +
[3:107:1927; NCL § 4857]—(NRS A 1957, 363; 1963, 477; 1965, 410; 1967, 550;
1975, 932; 1977,
1110; 1979,
1464; 1987,
1460; 1989,
1441; 1991,
1593; 1993,
2242; 1995,
689, 1264;
2001, 1628,
2287; 2003, 160, 892; 2011, 173; 2013, 3762)
NRS 281.240 Grant of authority to discharge duties of public office
unlawful; giving consideration for grant unlawful; penalties.
1. Every person holding or exercising any
office under the laws or constitution of this state, who shall, for any reward
or gratuity paid, or agreed to be paid, grant to another the right or authority
to discharge any of the duties of such office (except the person’s lawful deputies),
shall be punished by a fine not exceeding $5,000, and shall be removed from
office.
2. Every person who shall give, or make
any agreement to give, any reward or gratuity in consideration of such grant or
authority, shall be punished by a fine of not more than $5,000.
[69:108:1866; B § 2667; BH § 1704; C § 1850; RL §
2822; NCL § 4822]—(NRS A 1967, 551)
NRS 281.250 Administration of oaths and affirmations by officers. Every officer authorized to take testimony or
to decide upon the evidence in any proceeding shall have power to administer
oaths or affirmations.
[Part 1911 CPA § 541; RL § 5483; NCL § 9030]
NRS 281.260 Fees for returns prohibited; computation of mileage; penalty.
1. No officer shall be allowed to charge
or receive any fee or compensation whatever for the return written upon any
summons, subpoena, writ of attachment, execution, order of sale or other paper.
Any officer violating the terms of this subsection shall be fined not more than
$500, and shall be removed from office.
2. Where mileage is chargeable it shall be
for the actual distance traveled, and every fraction of a mile shall be
computed as a mile. Where mileage is chargeable by a sheriff, it shall be
computed as provided in NRS 248.400.
[38:49:1883; BH § 2379; C § 2503; RL § 2040; NCL §
2971] + [Part 39:49:1883; BH § 2380; C § 2504; RL § 2041; NCL § 2972]—(NRS A
1967, 551)
NRS 281.270 Officer to prevent duel: Penalty. If
any officer bound to preserve the public peace shall have knowledge of an
intention, on the part of any two persons, to fight with a deadly weapon or
weapons, and such officer shall not use and exert the official authority of
that officer to arrest the persons and prevent the deed, every such officer
shall be fined in a sum not exceeding $1,000.
[Part 70:108:1866; B § 2668; BH § 1705; C § 1851; RL
§ 2823; NCL § 4823]
NRS 281.280 Officer refusing to receive or arrest person charged with
criminal offense: Penalties. If
any officer shall willfully refuse to receive or arrest any person charged with
a criminal offense, such officer is guilty of a gross misdemeanor and shall be
removed from office.
[Part 67:108:1866; B § 2665; BH § 1702; C § 1848; RL
§ 2820; NCL § 4820]—(NRS A 1967, 551)
NRS 281.290 Officer executing process may command assistance when resistance
made.
1. When a public officer authorized to
execute process finds or has reason to apprehend that resistance will be made
to the execution of that process, the officer may command as many inhabitants
of the officer’s county as the officer thinks proper, and may call upon the
Governor for military aid in the manner provided by law, to assist the officer
in overcoming the resistance, and, if necessary, in seizing, arresting and confining
the resisters and their aiders and abettors, to be punished according to law.
2. The officer shall certify, to the court
from which the process issued, the names of the resisters and their aiders and
abettors, to the end that they be proceeded against for their contempt of
court.
[Part 83:108:1866; B § 2681; BH § 1718; C § 1864; RL
§ 2833; NCL § 4833] + [84:108:1866; B § 2682; BH § 1719; C § 1865; RL § 2834;
NCL § 4834]—(NRS A 1967, 1341; 1981, 461)
NRS 281.310 Audits and allowances of accounts of state officers: Affidavits;
oaths and affirmations. In all
cases where officers are called upon to audit and allow the accounts of state
officers, they shall take and file affidavits of the officers that they have
not violated any of the provisions of law. For that purpose all officers,
authorized by law to audit and allow accounts, are empowered and required to
administer oaths and affirmations, which shall have the same force and validity
in all actions for perjury as if administered by a judicial officer.
[Part 97:108:1866; B § 2695; BH § 1732; C § 1878; RL
§ 2844; NCL § 4844]
NRS 281.320 Withholding of settlement and payment of accounts of public
officers. Any officer charged with
the disbursement of any public moneys or any evidence of public indebtedness,
when informed by affidavit of the violation of any provisions of law by any
officer whose account is to be settled, audited or paid by the officer, shall
withhold any settlement or payment of the same and cause the officer to be
prosecuted.
[Part 100:108:1866; B § 2698; BH § 1735; C § 1881; RL
§ 2847; NCL § 4847]
NRS 281.330 Advocating overthrow of government cause for dismissal of public
employee. It shall be sufficient
cause for the dismissal of any public employee when such public employee
advocates or is a member of an organization which advocates overthrow of the
Government of the United States or of the State by force, violence or other
unlawful means.
[Part 1:20:1955]
NRS 281.340 Obtaining appointment by false letter or certificate: Penalty. Every person who shall obtain appointment to
any office or place of trust by color or aid of any false or forged letter or
certificate of recommendation shall be guilty of a misdemeanor.
[Part 1911 C&P § 522; RL § 6787; NCL § 10468]
NRS 281.350 Grafting by public officer or employee: Penalty. Every public officer or public employee who
shall ask or receive, directly or indirectly, any compensation, gratuity or
reward, or any promise thereof, upon any agreement or understanding that the
officer or employee shall act in any particular manner in connection with the
official duties of the officer or employee or the public service; or who, being
authorized to purchase or contract for materials, supplies or other articles or
to employ servants or labor for the State or any county or municipality, or for
the public service, shall ask or receive, directly or indirectly, for the
officer or employee or another, a commission, percentage, discount, bonus or
promise thereof from any person with whom the officer or employee may deal in
relation to such matters, shall be guilty of a gross misdemeanor.
[Part 1911 C&P § 521; RL § 6786; NCL §
10467]—(NRS A 1963, 17)
NRS 281.360 Failure by public officer or employee to perform duty: Penalty. Whenever any duty is enjoined by law upon any
public officer or other person holding any public trust or employment, their
willful neglect to perform such duty, except where otherwise specifically
provided for, shall be a misdemeanor.
[1911 C&P § 24; RL § 6289; NCL § 9973]
NRS 281.370 Actions concerning personnel to be based on merit and fitness;
discrimination prohibited.
1. All personnel actions taken by state,
county or municipal departments, housing authorities, agencies, boards or
appointing officers thereof must be based solely on merit and fitness.
2. State, county or municipal departments,
housing authorities, agencies, boards or appointing officers thereof shall not
refuse to hire a person, discharge or bar any person from employment or
discriminate against any person in compensation or in other terms or conditions
of employment because of the person’s race, creed, color, national origin, sex,
sexual orientation, gender identity or expression, age, political affiliation
or disability, except when based upon a bona fide occupational qualification.
3. As used in this section:
(a) “Disability” means, with respect to a person:
(1) A physical or mental impairment that
substantially limits one or more of the major life activities of the person;
(2) A record of such an impairment; or
(3) Being regarded as having such an
impairment.
(b) “Gender identity or expression” means a gender-related
identity, appearance, expression or behavior of a person, regardless of the
person’s assigned sex at birth.
(c) “Sexual orientation” means having or being
perceived as having an orientation for heterosexuality, homosexuality or
bisexuality.
(Added to NRS by 1959, 137; A 1973, 980; 1985, 1561; 1987, 2266; 1991, 1021; 1995, 814; 1999, 1941; 2011, 501)
NRS 281.375 Application for employment: Volunteer work must be considered. Every application form for employment with the
State of Nevada, any of its political subdivisions or any agency of the State
must indicate that volunteer work relevant to the position applied for is
considered in the evaluation of the applicant’s qualifications for employment
and must provide space for the applicant to list any volunteer work the
applicant considers appropriate.
(Added to NRS by 1981, 350)
NRS 281.380 Public officers and employees required to accept reproductions
of business records for examination and other purposes. If any business, institution or member of a
profession or calling has kept or recorded any memorandum, writing, entry,
print, representation or combination thereof, of any act, transaction,
occurrence or event and has caused any or all of such records to be recorded,
copied or reproduced by any photographic, photostatic, microfilm, microcard,
miniature photographic, or other process which accurately reproduces or forms a
durable medium for so reproducing the original, such reproduction shall be
accepted by all public officers and employees for examination, filing, copying
or any other purpose as if it were the original, whether or not the original is
then in existence.
(Added to NRS by 1963, 523)
NRS 281.390 Sick leave of public employees: Election of benefits; amount
limited when eligible for benefits for industrial or occupational disease.
1. When any public employee is eligible at
the same time for benefits for temporary total disability pursuant to chapters 616A to 616D, inclusive, or 617 of NRS and for any sick leave benefit, the
employee may, by giving notice to the employer of the employee, elect to
continue to receive the employee’s normal salary instead of the benefits
pursuant to those chapters until the employee’s accrued sick leave time is
exhausted. The employer shall notify the insurer that provides industrial
insurance for that employer of the election. The employer shall continue to pay
the employee the employee’s normal salary but charge against the employee’s
accrued sick leave time as taken during the pay period an amount which
represents the difference between the employee’s normal salary and the amount
of any benefit for temporary total disability received, exclusive of
reimbursement or payment of medical or hospital expenses pursuant to chapters 616A to 616D, inclusive, or 617 of NRS for that pay period.
2. When the employee’s accrued sick leave
time is exhausted, payment of the employee’s normal salary pursuant to
subsection 1 must be discontinued and the employer shall promptly notify the
insurer that provides industrial insurance for that employer so that it may
begin paying the benefits to which the employee is entitled directly to the
employee.
3. An employee who declines to make the
election provided in subsection 1, may use all or part of the sick leave
benefit normally payable to the employee while directly receiving benefits for
temporary total disability pursuant to chapters
616A to 616D, inclusive, or 617 of NRS, but the amount of sick leave benefit
paid to the employee for any pay period must not exceed the difference between
the employee’s normal salary and the amount of any benefit received, exclusive
of reimbursement or payment of medical or hospital expenses pursuant to those
chapters for that pay period.
4. If the amount of the employee’s sick
leave benefit is reduced pursuant to subsection 3 below the amount normally
payable, the amount of sick leave time charged against the employee as taken
during that pay period must be reduced in the same proportion.
5. The public employee may decline to use
any or part of the sick leave benefit normally payable to the employee while
receiving benefits pursuant to chapters 616A
to 616D, inclusive, or 617 of NRS. During that time, the employee must
be considered on leave of absence without pay.
(Added to NRS by 1969, 439; A 1975, 205; 1981, 497, 1538; 1995, 2042; 1999, 1814)
NRS 281.400 Coercion respecting membership in organizations for persons who
are aged, blind or disabled prohibited. No
officer or employee of the State or any county, city or district who is
concerned with the administration of any program for persons who are aged,
blind or disabled shall, in the officer’s or employee’s official capacity,
attempt to coerce or coerce any person who is aged, blind or disabled to join
or refrain from joining any organization for persons who are aged, blind or
disabled.
(Added to NRS by 1971, 174)
NRS 281.405 Validity of lien against public officer or employee.
1. Any lien which is filed or otherwise
claimed against a public officer or employee which is based on the performance
of or failure to perform a duty relating to the office or employment of the
officer or employee is invalid unless the filing of the lien is authorized by a
specific statute or by an order of a court of competent jurisdiction.
2. As used in this section, “lien” means
an encumbrance on property which is used as security for the payment of a debt.
(Added to NRS by 1997, 72)
STATEMENT OF FINANCIAL DISCLOSURE
NRS 281.558 “Candidate” defined. As
used in NRS 281.558 to 281.581,
inclusive, “candidate” means any person:
1. Who files a declaration of candidacy;
2. Who files an acceptance of candidacy;
or
3. Whose name appears on an official
ballot at any election.
(Added to NRS by 1991, 1591; A 1993, 265; 2001, 1955)
NRS 281.559 Electronic filing by certain appointed public officers;
exceptions; date on which statement deemed filed; access through secure
website; regulations.
1. Except as otherwise provided in
subsections 2 and 3 and NRS 281.572, if a public
officer who was appointed to the office for which the public officer is serving
is entitled to receive annual compensation of $6,000 or more for serving in
that office or if the public officer was appointed to the office of Legislator,
the public officer shall file electronically with the Secretary of State a
statement of financial disclosure, as follows:
(a) A public officer appointed to fill the
unexpired term of an elected or appointed public officer shall file a statement
of financial disclosure within 30 days after the public officer’s appointment.
(b) Each public officer appointed to fill an
office shall file a statement of financial disclosure on or before January 15
of:
(1) Each year of the term, including the
year in which the public officer leaves office; and
(2) The year immediately following the
year in which the public officer leaves office, unless the public officer
leaves office before January 15 in the prior year.
Ê The
statement must disclose the required information for the full calendar year
immediately preceding the date of filing.
2. If a person is serving in a public
office for which the person is required to file a statement pursuant to
subsection 1, the person may use the statement the person files for that
initial office to satisfy the requirements of subsection 1 for every other
public office to which the person is appointed and in which the person is also
serving.
3. A judicial officer who is appointed to
fill the unexpired term of a predecessor or to fill a newly created judgeship
shall file a statement of financial disclosure pursuant to the requirements of
Canon 4I of the Nevada Code of Judicial Conduct. Such a statement of financial
disclosure must include, without limitation, all information required to be
included in a statement of financial disclosure pursuant to NRS 281.571.
4. A statement of financial disclosure
shall be deemed to be filed on the date that it was received by the Secretary
of State.
5. Except as otherwise provided in NRS 281.572, the Secretary of State shall provide
access through a secure website to the statement of financial disclosure to
each person who is required to file the statement with the Secretary of State
pursuant to this section.
6. The Secretary of State may adopt
regulations necessary to carry out the provisions of this section.
(Added to NRS by 2003, 3018; A 2007, 2737; 2011, 1728,
3307)—(Substituted
in revision for NRS 281A.600)
NRS 281.561 Electronic filing by certain candidates for public office and certain
elected public officers; exceptions; date on which statement deemed filed;
access through secure website; regulations.
1. Except as otherwise provided in
subsections 2 and 3 and NRS 281.572, each candidate
for public office who will be entitled to receive annual compensation of $6,000
or more for serving in the office that the candidate is seeking, each candidate
for the office of Legislator and, except as otherwise provided in subsection 3,
each public officer who was elected to the office for which the public officer
is serving shall file electronically with the Secretary of State a statement of
financial disclosure, as follows:
(a) A candidate for nomination, election or
reelection to public office shall file a statement of financial disclosure no
later than the 10th day after the last day to qualify as a candidate for the
office. The statement must disclose the required information for the full
calendar year immediately preceding the date of filing and for the period
between January 1 of the year in which the election for the office will be held
and the last day to qualify as a candidate for the office. The filing of a
statement of financial disclosure for a portion of a calendar year pursuant to
this paragraph does not relieve the candidate of the requirement of filing a
statement of financial disclosure for the full calendar year pursuant to
paragraph (b) in the immediately succeeding year, if the candidate is elected
to the office.
(b) Each public officer shall file a statement of
financial disclosure on or before January 15 of:
(1) Each year of the term, including the
year in which the public officer leaves office; and
(2) The year immediately following the
year in which the public officer leaves office, unless the public officer
leaves office before January 15 in the prior year.
Ê The
statement must disclose the required information for the full calendar year
immediately preceding the date of filing.
2. Except as otherwise provided in this
subsection, if a candidate for public office is serving in a public office for
which the candidate is required to file a statement pursuant to paragraph (b)
of subsection 1 or subsection 1 of NRS 281.559, the
candidate need not file the statement required by subsection 1 for the full
calendar year for which the candidate previously filed a statement. The
provisions of this subsection do not relieve the candidate of the requirement
pursuant to paragraph (a) of subsection 1 to file a statement of financial
disclosure for the period between January 1 of the year in which the election
for the office will be held and the last day to qualify as a candidate for the
office.
3. A person elected pursuant to NRS 548.285 to the office of supervisor of
a conservation district is not required to file a statement of financial
disclosure relative to that office pursuant to subsection 1.
4. A candidate for judicial office or a
judicial officer shall file a statement of financial disclosure pursuant to the
requirements of Canon 4I of the Nevada Code of Judicial Conduct. Such a
statement of financial disclosure must include, without limitation, all
information required to be included in a statement of financial disclosure
pursuant to NRS 281.571.
5. A statement of financial disclosure
shall be deemed to be filed on the date that it was received by the Secretary
of State.
6. Except as otherwise provided in NRS 281.572, the Secretary of State shall provide
access through a secure website to the statement of financial disclosure to
each person who is required to file the statement with the Secretary of State
pursuant to this section.
7. The Secretary of State may adopt
regulations necessary to carry out the provisions of this section.
(Added to NRS by 1977, 1108; A 1985, 2126; 1987, 2097; 1991, 1601; 1995, 2199; 1999, 931; 2001, 1956, 2290; 2003, 160, 3020, 3396; 2003,
20th Special Session, 265; 2005, 1579; 2007, 2738; 2011, 1729,
3309)—(Substituted
in revision for NRS 281A.610)
NRS 281.571 Contents; regulations.
1. Statements of financial disclosure, as
approved pursuant to NRS 281A.350 or
in such electronic form as the Secretary of State otherwise prescribes, must
contain the following information concerning the candidate for public office or
public officer:
(a) The candidate’s or public officer’s length of
residence in the State of Nevada and the district in which the candidate for
public office or public officer is registered to vote.
(b) Each source of the candidate’s or public
officer’s income, or that of any member of the candidate’s or public officer’s
household who is 18 years of age or older. No listing of individual clients,
customers or patients is required, but if that is the case, a general source
such as “professional services” must be disclosed.
(c) A list of the specific location and
particular use of real estate, other than a personal residence:
(1) In which the candidate for public
office or public officer or a member of the candidate’s or public officer’s
household has a legal or beneficial interest;
(2) Whose fair market value is $2,500 or
more; and
(3) That is located in this State or an
adjacent state.
(d) The name of each creditor to whom the
candidate for public office or public officer or a member of the candidate’s or
public officer’s household owes $5,000 or more, except for:
(1) A debt secured by a mortgage or deed
of trust of real property which is not required to be listed pursuant to
paragraph (c); and
(2) A debt for which a security interest
in a motor vehicle for personal use was retained by the seller.
(e) If the candidate for public office or public
officer has received gifts in excess of an aggregate value of $200 from a donor
during the preceding taxable year, a list of all such gifts, including the
identity of the donor and value of each gift, except:
(1) A gift received from a person who is
related to the candidate for public office or public officer within the third
degree of consanguinity or affinity.
(2) Ceremonial gifts received for a
birthday, wedding, anniversary, holiday or other ceremonial occasion if the
donor does not have a substantial interest in the legislative, administrative
or political action of the candidate for public office or public officer.
(f) A list of each business entity with which the
candidate for public office or public officer or a member of the candidate’s or
public officer’s household is involved as a trustee, beneficiary of a trust,
director, officer, owner in whole or in part, limited or general partner, or
holder of a class of stock or security representing 1 percent or more of the
total outstanding stock or securities issued by the business entity.
(g) A list of all public offices presently held
by the candidate for public office or public officer for which this statement
of financial disclosure is required.
2. The Secretary of State may adopt
regulations necessary to carry out the provisions of this section.
3. As used in this section, “member of the
candidate’s or public officer’s household” includes:
(a) The spouse of the candidate for public office
or public officer;
(b) A person who does not live in the same home
or dwelling, but who is dependent on and receiving substantial support from the
candidate for public office or public officer; and
(c) A person who lived in the home or dwelling of
the candidate for public office or public officer for 6 months or more in the
year immediately preceding the year in which the candidate for public office or
public officer files the statement of financial disclosure.
(Added to NRS by 1977, 1108; A 1985, 2127; 1991, 1602; 1995, 2200; 1997, 3331; 1999, 932; 2001, 1957; 2009, 1069;
2011, 1730)—(Substituted
in revision for NRS 281A.620)
NRS 281.572 Affidavit for exemption from requirement of electronic filing;
nonelectronic filing of statement.
1. A candidate or public officer who is
required to file a statement of financial disclosure with the Secretary of
State pursuant to NRS 281.559 or 281.561 is not required to file the statement electronically
if the candidate or public officer has on file with the Secretary of State an
affidavit which satisfies the requirements set forth in subsection 2 and which
states that:
(a) The candidate or public officer does not own
or have the ability to access the technology necessary to file electronically
the statement of financial disclosure; and
(b) The candidate or public officer does not have
the financial ability to purchase or obtain access to the technology necessary
to file electronically the statement of financial disclosure.
2. The affidavit described in subsection 1
must be:
(a) In the form prescribed by the Secretary of
State and signed under an oath to God or penalty of perjury. A candidate or
public officer who signs the affidavit under an oath to God is subject to the
same penalties as if the candidate or public officer had signed the affidavit
under penalty of perjury.
(b) Except as otherwise provided in subsection 4,
filed not less than 15 days before the statement of financial disclosure is
required to be filed.
3. A candidate or public officer who is
not required to file the statement of financial disclosure electronically may
file the statement of financial disclosure by transmitting the statement by
regular mail, certified mail, facsimile machine or personal delivery. A
statement of financial disclosure transmitted pursuant to this subsection shall
be deemed to be filed on the date that it was received by the Secretary of
State.
4. A person who is appointed to fill the
unexpired term of an elected or appointed public officer must file the
affidavit described in subsection 1 not later than 15 days after his or her
appointment to be exempted from the requirement of filing a report
electronically.
(Added to NRS by 2011, 1725)
NRS 281.573 Retention by Secretary of State.
1. Except as otherwise provided in
subsection 2, statements of financial disclosure required by the provisions of NRS 281.558 to 281.572,
inclusive, must be retained by the Secretary of State for 6 years after the
date of filing.
2. For public officers who serve more than
one term in either the same public office or more than one public office, the
period prescribed in subsection 1 begins on the date of the filing of the last
statement of financial disclosure for the last public office held.
(Added to NRS by 1987, 2093; A 1991, 1603; 2003, 3021, 3397; 2003,
20th Special Session, 265; 2011, 1731)—(Substituted
in revision for NRS 281A.630)
NRS 281.574 Certain public officers required to submit electronically to
Secretary of State list of public officers required to file statement and
candidates for public office.
1. A list of each public officer who is
required to file a statement of financial disclosure must be submitted
electronically to the Secretary of State, in a form prescribed by the Secretary
of State, on or before December 1 of each year by:
(a) Each county clerk for all public officers of
the county and other local governments within the county other than cities;
(b) Each city clerk for all public officers of
the city;
(c) The Director of the Legislative Counsel
Bureau for all public officers of the Legislative Branch; and
(d) The Chief of the Budget Division of the
Department of Administration for all public officers of the Executive Branch.
2. Each county clerk, or the registrar of
voters of the county if one was appointed pursuant to NRS 244.164, and each city clerk shall
submit electronically to the Secretary of State, in a form prescribed by the
Secretary of State, a list of each candidate for public office who filed a
declaration of candidacy or acceptance of candidacy with that officer within 10
days after the last day to qualify as a candidate for the applicable office.
(Added to NRS by 2003, 3384; A 2003,
20th Special Session, 263; 2011, 1731)—(Substituted
in revision for NRS 281A.640)
NRS 281.581 Civil penalty for failure to disclose: Procedure; amount;
waiver.
1. If the Secretary of State receives
information that a candidate for public office or public officer willfully
fails to file a statement of financial disclosure or willfully fails to file a
statement of financial disclosure in a timely manner pursuant to NRS 281.559, 281.561 or 281.572, the Secretary of State may, after giving
notice to that person or entity, cause the appropriate proceedings to be
instituted in the First Judicial District Court.
2. Except as otherwise provided in this
section, a candidate for public office or public officer who willfully fails to
file a statement of financial disclosure or willfully fails to file a statement
of financial disclosure in a timely manner pursuant to NRS
281.559, 281.561 or 281.572
is subject to a civil penalty and payment of court costs and attorney’s fees.
The civil penalty must be recovered in a civil action brought in the name of
the State of Nevada by the Secretary of State in the First Judicial District
Court and deposited by the Secretary of State for credit to the State General
Fund in the bank designated by the State Treasurer.
3. The amount of the civil penalty is:
(a) If the statement is filed not more than 10
days after the applicable deadline set forth in subsection 1 of NRS 281.559, subsection 1 of NRS
281.561 or NRS 281.572, $25.
(b) If the statement is filed more than 10 days
but not more than 20 days after the applicable deadline set forth in subsection
1 of NRS 281.559, subsection 1 of NRS 281.561 or NRS 281.572,
$50.
(c) If the statement is filed more than 20 days
but not more than 30 days after the applicable deadline set forth in subsection
1 of NRS 281.559, subsection 1 of NRS 281.561 or NRS 281.572,
$100.
(d) If the statement is filed more than 30 days
but not more than 45 days after the applicable deadline set forth in subsection
1 of NRS 281.559, subsection 1 of NRS 281.561 or NRS 281.572,
$250.
(e) If the statement is not filed or is filed
more than 45 days after the applicable deadline set forth in subsection 1 of NRS 281.559, subsection 1 of NRS
281.561 or NRS 281.572, $2,000.
4. For good cause shown, the Secretary of
State may waive a civil penalty that would otherwise be imposed pursuant to
this section. If the Secretary of State waives a civil penalty pursuant to this
subsection, the Secretary of State shall:
(a) Create a record which sets forth that the
civil penalty has been waived and describes the circumstances that constitute
the good cause shown; and
(b) Ensure that the record created pursuant to
paragraph (a) is available for review by the general public.
5. As used in this section, “willfully”
means intentionally and knowingly.
(Added to NRS by 1977, 1109; A 1985, 2128; 1997, 3333; 1999, 934, 2746; 2001, 1958, 2290, 2924, 2931, 2932, 2934; 2003, 3021, 3397; 2003,
20th Special Session, 265; 2009, 1070;
2013, 3809)—(Substituted
in revision for NRS 281A.660)
DISCLOSURE OF IMPROPER GOVERNMENTAL ACTION
NRS 281.611 Definitions. As
used in NRS 281.611 to 281.671,
inclusive, unless the context otherwise requires:
1. “Improper governmental action” means
any action taken by a state officer or employee or local governmental officer
or employee in the performance of the officer’s or employee’s official duties,
whether or not the action is within the scope of employment of the officer or
employee, which is:
(a) In violation of any state law or regulation;
(b) If the officer or employee is a local
governmental officer or employee, in violation of an ordinance of the local government;
(c) An abuse of authority;
(d) Of substantial and specific danger to the
public health or safety; or
(e) A gross waste of public money.
2. “Local government” means a county in
this State, an incorporated city in this State and Carson City.
3. “Local governmental employee” means any
person who performs public duties under the direction and control of a local
governmental officer for compensation paid by or through a local government.
4. “Local governmental officer” means a
person elected or appointed to a position with a local government that involves
the exercise of a local governmental power, trust or duty, including:
(a) Actions taken in an official capacity which
involve a substantial and material exercise of administrative discretion in the
formulation of local governmental policy;
(b) The expenditure of money of a local
government; and
(c) The enforcement of laws and regulations of
the State or a local government.
5. “Reprisal or retaliatory action”
includes:
(a) The denial of adequate personnel to perform
duties;
(b) Frequent replacement of members of the staff;
(c) Frequent and undesirable changes in the
location of an office;
(d) The refusal to assign meaningful work;
(e) The issuance of letters of reprimand or
evaluations of poor performance;
(f) A demotion;
(g) A reduction in pay;
(h) The denial of a promotion;
(i) A suspension;
(j) A dismissal;
(k) A transfer;
(l) Frequent changes in working hours or
workdays; or
(m) If the employee is licensed or certified by
an occupational licensing board, the filing with that board, by or on behalf of
the employer, of a complaint concerning the employee,
Ê if such
action is taken, in whole or in part, because the state officer or employee or
local governmental officer or employee disclosed information concerning
improper governmental action.
6. “State employee” means any person who
performs public duties under the direction and control of a state officer for
compensation paid by or through the State.
7. “State officer” means a person elected
or appointed to a position with the State which involves the exercise of a
state power, trust or duty, including:
(a) Actions taken in an official capacity which
involve a substantial and material exercise of administrative discretion in the
formulation of state policy;
(b) The expenditure of state money; and
(c) The enforcement of laws and regulations of
the State.
(Added to NRS by 1991, 1992; A 2001, 3049)
NRS 281.621 Declaration of public policy. It
is hereby declared to be the public policy of this state that a state officer
or employee and a local governmental officer or employee are encouraged to
disclose, to the extent not expressly prohibited by law, improper governmental
action, and it is the intent of the Legislature to protect the rights of a
state officer or employee and a local governmental officer or employee who
makes such a disclosure.
(Added to NRS by 1991, 1992; A 2001, 3050)
NRS 281.631 State or local governmental officer or employee prohibited from
using authority or influence to prevent disclosure of improper governmental
action by another state or local governmental officer or employee.
1. A state officer or employee and a local
governmental officer or employee shall not directly or indirectly use or
attempt to use the official authority or influence of the officer or employee
to intimidate, threaten, coerce, command, influence or attempt to intimidate,
threaten, coerce, command or influence another state officer or employee or another
local governmental officer or employee, as applicable, in an effort to
interfere with or prevent the disclosure of information concerning improper
governmental action.
2. For the purposes of this section, use
of “official authority or influence” includes taking, directing others to take,
recommending, processing or approving any personnel action such as an
appointment, promotion, transfer, assignment, reassignment, reinstatement,
restoration, reemployment, evaluation or other disciplinary action.
(Added to NRS by 1991, 1992; A 2001, 3050)
NRS 281.635 Local government authorized to enact ordinance providing greater
protection to local governmental officers and employees against reprisal and
retaliation. A local government
may enact by ordinance procedures that provide greater protection to local
governmental officers and employees against reprisal and retaliation for the
disclosure of improper governmental action than the protection provided in NRS 281.611 to 281.671,
inclusive.
(Added to NRS by 2001, 3048)
NRS 281.641 Reprisal or retaliatory action against state officer or employee
who discloses improper governmental action: Written appeal; hearing; order;
negative ruling may not be based on identity of persons to whom disclosure was
made; rules of procedure.
1. If any reprisal or retaliatory action
is taken against a state officer or employee who discloses information
concerning improper governmental action within 2 years after the information is
disclosed, the state officer or employee may file a written appeal with a
hearing officer of the Personnel Commission for a determination of whether the
action taken was a reprisal or retaliatory action. The written appeal must be
accompanied by a statement that sets forth with particularity:
(a) The facts and circumstances under which the
disclosure of improper governmental action was made; and
(b) The reprisal or retaliatory action that is
alleged to have been taken against the state officer or employee.
Ê The hearing must
be conducted in accordance with the procedures set forth in NRS 284.390 to 284.405, inclusive, and the procedures
adopted by the Personnel Commission pursuant to subsection 4.
2. If the hearing officer determines that
the action taken was a reprisal or retaliatory action, the hearing officer may
issue an order directing the proper person to desist and refrain from engaging
in such action. The hearing officer shall file a copy of the decision with the
Governor or any other elected state officer who is responsible for the actions
of that person.
3. The hearing officer may not rule
against the state officer or employee based on the person or persons to whom
the improper governmental action was disclosed.
4. The Personnel Commission may adopt
rules of procedure for conducting a hearing pursuant to this section that are
not inconsistent with the procedures set forth in NRS 284.390 to 284.405, inclusive.
5. As used in this section, “Personnel
Commission” means the Personnel Commission created by NRS 284.030.
(Added to NRS by 1991, 1993; A 1995, 347; 2001, 3050; 2011, 2952)
NRS 281.645 Reprisal or retaliatory action against local governmental
officer or employee who discloses improper governmental action: Procedures for
hearing appeals established by ordinance; contents of ordinance.
1. A local government shall, by ordinance,
establish procedures for hearing an appeal from a local governmental officer or
employee who:
(a) Disclosed information concerning improper
governmental action; and
(b) Believes that as a result of that disclosure,
a reprisal or retaliatory action has been taken against the local governmental
officer or employee,
Ê to determine
whether a reprisal or retaliatory action has been taken against the local
governmental officer or employee. The procedures must allow a local
governmental officer or employee to file an appeal not later than 2 years after
the information is disclosed and require the local governmental officer or
employee who desires to file an appeal to file the appeal within 60 days after
the alleged reprisal or retaliatory action was taken against the local
governmental officer or employee.
2. An ordinance adopted pursuant to
subsection 1 must:
(a) Prescribe the required contents of an appeal;
(b) Provide for the designation or appointment of
hearing officers to hear such appeals; and
(c) Provide that if a hearing officer determines
that the action taken was a reprisal or retaliatory action, the hearing officer
may issue an order directing the proper person to desist and refrain from
engaging in such action.
(Added to NRS by 2001, 3048)
NRS 281.651 Use of provisions for harassment prohibited; disciplinary
procedures authorized for disclosure of untruthful information.
1. A state officer or employee or a local
governmental officer or employee shall not use the provisions of NRS 281.611 to 281.671,
inclusive, to harass another state officer or employee or another local
governmental officer or employee, as applicable.
2. The provisions of NRS 281.611 to 281.671,
inclusive, do not prohibit a state officer or employee or a local governmental
officer or employee from initiating proper disciplinary procedures against
another state officer or employee or another local governmental officer or
employee, as applicable, who discloses untruthful information concerning
improper governmental action.
(Added to NRS by 1991, 1993; A 2001, 3051)
NRS 281.661 Summary of provisions to be prepared and made available to state
and local governmental officers and employees each year. Each year:
1. The Administrator of the Division of
Human Resource Management of the Department of Administration shall make
available to each state officer and employee; and
2. The administrative head of a local
government shall make available to each local governmental officer or employee,
Ê a written
summary of NRS 281.611 to 281.671,
inclusive.
(Added to NRS by 1991, 1993; A 2001, 3051)
NRS 281.671 Effect of provisions upon criminal law. NRS 281.611 to 281.671, inclusive,
are intended to be directory and preventive rather than punitive, and do not
abrogate or decrease the effect of any of the provisions of NRS which define
crimes or prescribe punishments with respect to the conduct of state officers
or employees or local governmental officers or employees.
(Added to NRS by 1991, 1993; A 2001, 3052)