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Nrs: Chapter 281 - General Provisions


Published: 2015

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[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)