[Rev. 2/10/2015 4:53:04
PM--2014R2]
CHAPTER 281A - ETHICS IN GOVERNMENT
GENERAL PROVISIONS
NRS 281A.010 Short
title.
NRS 281A.020 Legislative
findings and declarations.
NRS 281A.030 Definitions.
NRS 281A.035 “Agency”
defined.
NRS 281A.040 “Business
entity” defined.
NRS 281A.050 “Candidate”
defined.
NRS 281A.060 “Commission”
defined.
NRS 281A.065 “Commitment
in a private capacity” defined.
NRS 281A.070 “Compensation”
defined.
NRS 281A.080 “Decision”
defined.
NRS 281A.085 “Domestic
partner” defined.
NRS 281A.086 “Domestic
partnership” defined.
NRS 281A.090 “Executive
Director” defined.
NRS 281A.100 “Household”
defined.
NRS 281A.105 “Intentionally”
defined.
NRS 281A.108 “Investigatory
panel” or “panel” defined.
NRS 281A.115 “Knowingly”
defined.
NRS 281A.119 “Local
agency” defined.
NRS 281A.125 “Member
of a local legislative body” defined.
NRS 281A.135 “Opinion”
defined.
NRS 281A.139 “Pecuniary
interest” defined.
NRS 281A.145 “Political
subdivision” defined.
NRS 281A.150 “Public
employee” defined.
NRS 281A.160 “Public
officer” defined.
NRS 281A.163 “State
agency” defined.
NRS 281A.165 “State
Legislator” or “Legislator” defined.
NRS 281A.170 “Willful
violation” defined.
NRS 281A.180 Terms
“public officer” and “public employee” include former public officer or
employee; exceptions.
NRS 281A.182 Persons
serving in certain positions designated as public officers; applicability.
NRS 281A.185 Abrogation
of common-law privileges and immunities; exceptions.
NRS 281A.190 Computation
of time.
COMMISSION ON ETHICS
NRS 281A.200 Creation;
appointment, terms and qualifications of members; prohibited activities by
members; vacancies.
NRS 281A.210 Chair;
meetings; compensation; facilities.
NRS 281A.220 Investigatory
panels: Appointment; members; review and final determination of just and
sufficient cause; disqualification of members from participation in further
proceedings in matter.
NRS 281A.230 Executive
Director: Appointment; qualifications; classification; prohibited activities
and other employment.
NRS 281A.240 Executive
Director: Duties; employment of staff; designation of qualified person to
perform duties when Executive Director unable to act on matter.
NRS 281A.250 Commission
Counsel: Appointment; qualifications; classification; prohibited activities and
other employment.
NRS 281A.260 Commission
Counsel: Duties; legal advice; appointment or employment of other counsel by
Commission under certain circumstances.
NRS 281A.270 Assessment
for administrative costs: Determination; payment by certain cities and
counties; use of proceeds; collection.
NRS 281A.275 Authority
to apply for and accept grants, contributions, services and money.
NRS 281A.280 Jurisdiction;
statute of limitations.
NRS 281A.290 Duties
of Commission; inclusion of annotations of opinions of Commission in Nevada
Revised Statutes.
NRS 281A.300 Oaths;
written requests and subpoenas for attendance and production of books and
papers.
SPECIALIZED OR LOCAL ETHICS
COMMITTEE
NRS 281A.350 Establishment;
functions; limitations on powers; confidentiality.
CODE OF ETHICAL STANDARDS
NRS 281A.400 General
requirements; exceptions.
NRS 281A.410 Limitations
on representing or counseling private persons before public agencies;
disclosure required by certain public officers.
NRS 281A.420 Requirements
regarding disclosure of conflicts of interest and abstention from voting
because of certain types of conflicts; effect of abstention on quorum and
voting requirements; exceptions.
NRS 281A.430 Contracts
in which public officer or employee has interest prohibited; exceptions.
PROCEEDINGS AND OPINIONS
NRS 281A.440 Rendering
of opinions by Commission: Requests; investigations; determination of just and
sufficient cause; notice and hearings; confidentiality.
NRS 281A.450 Legal
defense of public officer or employee in proceedings relating to opinion
requests.
NRS 281A.460 Opinions
of Commission may include guidance to public officer or employee; restrictions.
NRS 281A.465 Standards
for resolving opinion requests by stipulations, agreed settlements or consent
orders.
NRS 281A.470 Specialized
or local ethics committee: Establishment; functions; confidentiality. [Replaced
in revision by NRS 281A.350.]
NRS 281A.475 Standards
for determining whether violation is willful violation and amount of civil
penalty imposed.
NRS 281A.480 Commission
authorized to impose civil penalties; duties of Commission upon finding willful
violation; circumstances in which violation not deemed willful; effect of
chapter upon criminal law; judicial review; burden of proof.
ADDITIONAL REQUIREMENTS, ETHICAL STANDARDS, REMEDIES AND
PENALTIES
NRS 281A.500 Notice
and acknowledgment of statutory ethical standards: Distribution of information
regarding standards; duty to file acknowledgement; contents; form; retention;
penalty for willful refusal to file.
NRS 281A.510 Public
officer or employee prohibited from accepting or receiving honorarium; penalty.
NRS 281A.520 Public
officer or employee prohibited from requesting or otherwise causing
governmental entity to incur expense or make expenditure to support or oppose
ballot question or candidate in certain circumstances.
NRS 281A.530 Purchase
of goods or services by local government from member of governing body not
unlawful or unethical; conditions. [Repealed.]
NRS 281A.540 Governmental
grant, contract or lease and certain actions taken in violation of chapter are
voidable; prohibited contract is void; recovery of benefit received as result
of violation.
NRS 281A.550 Employment
of certain former public officers and employees by regulated businesses
prohibited; certain former public officers and employees prohibited from
soliciting or accepting employment from certain persons contracting with State
or local government; determination by Commission.
_________
_________
GENERAL PROVISIONS
NRS 281A.010 Short title. This
chapter may be cited as the Nevada Ethics in Government Law.
(Added to NRS by 1977, 1103; A 1995, 2443; 2003, 2662, 3019)—(Substituted
in revision for NRS 281.411)
NRS 281A.020 Legislative findings and declarations.
1. It is hereby declared to be the public
policy of this State that:
(a) A public office is a public trust and shall
be held for the sole benefit of the people.
(b) A public officer or employee must commit
himself or herself to avoid conflicts between the private interests of the
public officer or employee and those of the general public whom the public
officer or employee serves.
2. The Legislature finds and declares
that:
(a) The increasing complexity of state and local
government, more and more closely related to private life and enterprise,
enlarges the potentiality for conflict of interests.
(b) To enhance the people’s faith in the
integrity and impartiality of public officers and employees, adequate
guidelines are required to show the appropriate separation between the roles of
persons who are both public servants and private citizens.
(c) In interpreting and applying the provisions
of this chapter that are applicable to State Legislators, the Commission must
give appropriate weight and proper deference to the public policy of this State
under which State Legislators serve as “citizen Legislators” who have other
occupations and business interests, who are expected to have particular
philosophies and perspectives that are necessarily influenced by the life
experiences of the Legislator, including, without limitation, professional,
family and business experiences, and who are expected to contribute those
philosophies and perspectives to the debate over issues with which the
Legislature is confronted.
(d) The provisions of this chapter do not, under
any circumstances, allow the Commission to exercise jurisdiction or authority
over or inquire into, intrude upon or interfere with the functions of a State
Legislator that are protected by legislative privilege and immunity pursuant to
the Constitution of the State of Nevada or NRS
41.071.
(Added to NRS by 1977, 1103; A 1999, 2730; 2009, 1046)—(Substituted
in revision for NRS 281.421)
NRS 281A.030 Definitions. As
used in this chapter, unless the context otherwise requires, the words and
terms defined in NRS 281A.035 to 281A.170, inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 1977, 1103; A 1985, 1216, 2122; 1987, 385; 1991, 1594; 1997, 256; 1999, 2731; 2003, 926, 3385; 2003,
20th Special Session, 263; 2005, 2556; 2009, 1047;
2013, 3765)—(Substituted
in revision for NRS 281.431)
NRS 281A.035 “Agency” defined. “Agency”
means any state agency or local agency.
(Added to NRS by 2013, 3763)
NRS 281A.040 “Business entity” defined. “Business
entity” means an organization or enterprise operated for economic gain,
including, without limitation, a proprietorship, partnership, firm, business,
company, trust, joint venture, syndicate, corporation or association.
(Added to NRS by 1985, 2120; A 2009, 1047)—(Substituted
in revision for NRS 281.432)
NRS 281A.050 “Candidate” defined. “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)—(Substituted
in revision for NRS 281.4323)
NRS 281A.060 “Commission” defined. “Commission”
means the Commission on Ethics.
(Added to NRS by 1985, 2120)—(Substituted
in revision for NRS 281.4325)
NRS 281A.065 “Commitment in a private capacity” defined. “Commitment in a private capacity,” with
respect to the interests of another person, means a commitment, interest or
relationship of a public officer or employee to a person:
1. Who is the spouse or domestic partner
of the public officer or employee;
2. Who is a member of the household of the
public officer or employee;
3. Who is related to the public officer or
employee, or to the spouse or domestic partner of the public officer or
employee, by blood, adoption, marriage or domestic partnership within the third
degree of consanguinity or affinity;
4. Who employs the public officer or
employee, the spouse or domestic partner of the public officer or employee or a
member of the household of the public officer or employee;
5. With whom the public officer or
employee has a substantial and continuing business relationship; or
6. With whom the public officer or
employee has any other commitment, interest or relationship that is
substantially similar to a commitment, interest or relationship described in
subsections 1 to 5, inclusive.
(Added to NRS by 2013, 3763)
NRS 281A.070 “Compensation” defined. “Compensation”
means any money, thing of value or economic benefit conferred on or received by
any person in return for services rendered, personally or by another.
(Added to NRS by 1991, 1591)—(Substituted
in revision for NRS 281.4327)
NRS 281A.080 “Decision” defined.
1. The making of a “decision” is the
exercise of governmental power to adopt laws, regulations or standards, render
quasi-judicial decisions, establish executive policy or determine questions
involving substantial discretion.
2. The term does not include:
(a) The functions of the judiciary.
(b) The functions of a State Legislator that are
protected by legislative privilege and immunity pursuant to the Constitution of
the State of Nevada or NRS 41.071.
(Added to NRS by 1985, 2121; A 2009, 1047)—(Substituted
in revision for NRS 281.433)
NRS 281A.085 “Domestic partner” defined. “Domestic
partner” means a person in a domestic partnership.
(Added to NRS by 2013, 3764)
NRS 281A.086 “Domestic partnership” defined. “Domestic
partnership” means:
1. A domestic partnership as defined in NRS 122A.040; or
2. A domestic partnership which was
validly formed in another jurisdiction and which is substantially equivalent to
a domestic partnership as defined in NRS
122A.040, regardless of whether it bears the name of a domestic partnership
or is registered in this State.
(Added to NRS by 2013, 3764)
NRS 281A.090 “Executive Director” defined. “Executive
Director” means the Executive Director appointed by the Commission pursuant to NRS 281A.230.
(Added to NRS by 1999, 2728)—(Substituted
in revision for NRS 281.4333)
NRS 281A.100 “Household” defined. “Household”
means an association of persons who live in the same home or dwelling and who
are related by blood, adoption, marriage or domestic partnership.
(Added to NRS by 1985, 2121; A 2013, 3765)—(Substituted
in revision for NRS 281.434)
NRS 281A.105 “Intentionally” defined. “Intentionally”
means voluntarily or deliberately, rather than accidentally or inadvertently.
The term does not require proof of bad faith, ill will, evil intent or malice.
(Added to NRS by 2009, 1043)
NRS 281A.108 “Investigatory panel” or “panel” defined. “Investigatory panel” or “panel” means an
investigatory panel appointed by the Commission pursuant to NRS 281A.220.
(Added to NRS by 1999, 2728; A 2009, 1047)—(Substituted
in revision for NRS 281A.140)
NRS 281A.115 “Knowingly” defined. “Knowingly”
imports a knowledge that the facts exist which constitute the act or omission,
and does not require knowledge of the prohibition against the act or omission.
Knowledge of any particular fact may be inferred from the knowledge of such
other facts as should put an ordinarily prudent person upon inquiry.
(Added to NRS by 2009, 1043)
NRS 281A.119 “Local agency” defined. “Local
agency” means any local legislative body, agency, bureau, board, commission,
department, division, office or other unit of any county, city or other
political subdivision.
(Added to NRS by 2013, 3764)
NRS 281A.125 “Member of a local legislative body” defined. “Member of a local legislative body” means a
member of a board of county commissioners, a governing body of a city or a
governing body of any other political subdivision who performs any function
that involves introducing, voting upon or otherwise acting upon any matter of a
permanent or general character which may reflect public policy.
(Added to NRS by 2009, 1043;
A 2013,
3765)
NRS 281A.135 “Opinion” defined. “Opinion”
includes, without limitation, the disposition of a request for an opinion by
stipulation, agreed settlement, consent order or default as authorized by NRS 233B.121.
(Added to NRS by 2009, 1043)
NRS 281A.139 “Pecuniary interest” defined. “Pecuniary
interest” means any beneficial or detrimental interest in a matter that
consists of or is measured in money or is otherwise related to money,
including, without limitation:
1. Anything of economic value; and
2. Payments or other money which a person
is owed or otherwise entitled to by virtue of any statute, regulation, code,
ordinance or contract or other agreement.
(Added to NRS by 2013, 3764)
NRS 281A.145 “Political subdivision” defined. “Political
subdivision” means any county, city or other local government as defined in NRS 354.474.
(Added to NRS by 2009, 1043)
NRS 281A.150 “Public employee” defined. “Public
employee” means any person who performs public duties under the direction and
control of a public officer for compensation paid by the State or any county,
city or other political subdivision.
(Added to NRS by 1985, 2121; A 2009, 1047)—(Substituted
in revision for NRS 281.436)
NRS 281A.160 “Public officer” defined.
1. “Public officer” means a person who is:
(a) Elected or appointed to a position which:
(1) Is established by the Constitution of
the State of Nevada, a statute of this State or a charter or ordinance of any
county, city or other political subdivision; and
(2) Involves the exercise of a public
power, trust or duty; or
(b) Designated as a public officer for the
purposes of this chapter pursuant to NRS 281A.182.
2. As used in this section, “the exercise
of a public power, trust or duty” means:
(a) Actions taken in an official capacity which
involve a substantial and material exercise of administrative discretion in the
formulation of public policy;
(b) The expenditure of public money; and
(c) The administration of laws and rules of the
State or any county, city or other political subdivision.
3. “Public officer” does not include:
(a) Any justice, judge or other officer of the
court system;
(b) Any member of a board, commission or other
body whose function is advisory;
(c) Any member of a special district whose
official duties do not include the formulation of a budget for the district or
the authorization of the expenditure of the district’s money; or
(d) A county health officer appointed pursuant to
NRS 439.290.
4. “Public office” does not include an
office held by:
(a) Any justice, judge or other officer of the
court system;
(b) Any member of a board, commission or other
body whose function is advisory;
(c) Any member of a special district whose
official duties do not include the formulation of a budget for the district or
the authorization of the expenditure of the district’s money; or
(d) A county health officer appointed pursuant to
NRS 439.290.
(Added to NRS by 1985, 2121; A 1987, 2093; 1999, 883; 2001, 658, 1955, 2288; 2003, 116; 2005, 2302; 2009, 1047;
2013, 3765)—(Substituted
in revision for NRS 281.4365)
NRS 281A.163 “State agency” defined. “State
agency” means any agency, bureau, board, commission, department, division,
office or other unit of the Executive Department of the State Government.
(Added to NRS by 2013, 3764)
NRS 281A.165 “State Legislator” or “Legislator” defined. “State Legislator” or “Legislator” means a
member of the Senate or Assembly of the State of Nevada.
(Added to NRS by 2009, 1043)
NRS 281A.170 “Willful violation” defined. “Willful
violation” means a violation where:
1. The public officer or employee:
(a) Acted intentionally and knowingly; or
(b) Was in a situation where this chapter imposed
a duty to act and the public officer or employee intentionally and knowingly
failed to act in the manner required by this chapter; and
2. The Commission determines, after
applying the factors set forth in NRS 281A.475,
that the public officer’s or employee’s act or failure to act resulted in a
sanctionable violation of this chapter.
(Added to NRS by 1999, 2728; A 2009, 1048;
2013, 3766)—(Substituted
in revision for NRS 281.4375)
NRS 281A.180 Terms “public officer” and “public employee” include former
public officer or employee; exceptions. In
applying the provisions of this chapter to an alleged violation by a former
public officer or employee, the use of the term “public officer” or “public
employee” in this chapter must be interpreted to include the former public
officer or employee, unless the commencement of proceedings against the former
public officer or employee concerning the alleged violation is time-barred by
the statute of limitations pursuant to NRS 281A.280.
(Added to NRS by 2009, 1044)
NRS 281A.182 Persons serving in certain positions designated as public
officers; applicability.
1. Any person who serves in one of the
following positions is designated as a public officer for the purposes of this
chapter:
(a) A president of a university, state college or
community college within the Nevada System of Higher Education.
(b) A superintendent of a county school district.
(c) A county manager or a city manager.
2. This section applies to such a person
regardless of whether the person serves in the position:
(a) By appointment, contract or employment;
(b) With or without compensation; or
(c) On a temporary, interim or acting basis.
(Added to NRS by 2013, 3764)
NRS 281A.185 Abrogation of common-law privileges and immunities; exceptions.
1. In any proceeding commenced against a
public officer or employee pursuant to the authority of this chapter, including
any judicial review thereof, the public officer or employee who is the subject
of the proceeding may not assert, claim or raise any common-law privilege or
immunity as an affirmative defense, for testimonial or evidentiary purposes or
for any other purpose.
2. The provisions of this chapter are
intended to abrogate common-law privileges and immunities only in a proceeding
commenced pursuant to the authority of this chapter and only for the public officer
or employee who is the subject of the proceeding. This abrogation of common-law
privileges and immunities does not apply to or affect:
(a) Any privilege or immunity granted by the
Constitution of the United States or of the State of Nevada or by NRS 41.071, chapter
49 of NRS or any other statute;
(b) Any person who is not the subject of the
proceeding; or
(c) Any other proceeding that is not commenced
pursuant to the authority of this chapter.
(Added to NRS by 2009, 1044)
NRS 281A.190 Computation of time. In
computing any period prescribed or allowed by this chapter:
1. If the period begins to run on the
occurrence of an act or event, the day on which the act or event begins is
excluded from the computation.
2. The last day of the period is included
in the computation, except that if the last day falls on a Saturday, Sunday,
legal holiday or holiday proclaimed by the Governor or on a day on which the
office of the Commission is not open for the conduct of business, the period is
extended to the close of business on the next business day.
(Added to NRS by 2013, 3764)
COMMISSION ON ETHICS
NRS 281A.200 Creation; appointment, terms and qualifications of members;
prohibited activities by members; vacancies.
1. The Commission on Ethics, consisting of
eight members, is hereby created.
2. The Legislative Commission shall
appoint to the Commission four residents of the State, at least two of whom
must be former public officers or employees, and at least one of whom must be
an attorney licensed to practice law in this State.
3. The Governor shall appoint to the
Commission four residents of the State, at least two of whom must be former
public officers or employees, and at least one of whom must be an attorney
licensed to practice law in this State.
4. Not more than four members of the
Commission may be members of the same political party. Not more than four
members of the Commission may be residents of the same county.
5. None of the members of the Commission
may, while the member is serving on the Commission:
(a) Hold another public office;
(b) Be actively involved in the work of any
political party or political campaign; or
(c) Communicate directly with a State Legislator
or a member of a local legislative body on behalf of someone other than himself
or herself or the Commission, for compensation, to influence:
(1) The State Legislator with regard to
introducing or voting upon any matter or taking other legislative action; or
(2) The member of the local legislative
body with regard to introducing or voting upon any ordinance or resolution,
taking other legislative action or voting upon:
(I) The appropriation of public
money;
(II) The issuance of a license or
permit; or
(III) Any proposed subdivision of
land or special exception or variance from zoning regulations.
6. After the initial terms, the terms of
the members are 4 years. Any vacancy in the membership must be filled by the
appropriate appointing authority for the unexpired term. Each member may serve
no more than two consecutive full terms.
(Added to NRS by 1985, 2121; A 1991, 1594; 1999, 2731; 2009, 1048;
2013, 3766)—(Substituted
in revision for NRS 281.455)
NRS 281A.210 Chair; meetings; compensation; facilities.
1. The Commission shall:
(a) At its first meeting and annually thereafter
elect a Chair and Vice Chair from among its members.
(b) Meet regularly at least once in each calendar
quarter, unless there are no requests made for an opinion pursuant to NRS 281A.440, and at other times upon the call of the
Chair.
2. Members of the Commission are entitled
to receive a salary of not more than $80 per day, as fixed by the Commission,
while engaged in the business of the Commission.
3. While engaged in the business of the
Commission, each member and employee of the Commission is entitled to receive
the per diem allowance and travel expenses provided for state officers and
employees generally.
4. The Commission may, within the limits
of legislative appropriation, maintain such facilities as are required to carry
out its functions.
(Added to NRS by 1977, 1105; A 1981, 1979; 1983, 1440; 1985, 391, 2123; 1987, 2094; 1989, 1709; 1991, 1594; 1997, 256; 1999, 2732; 2005, 2278)—(Substituted
in revision for NRS 281.461)
NRS 281A.220 Investigatory panels: Appointment; members; review and final
determination of just and sufficient cause; disqualification of members from
participation in further proceedings in matter.
1. The Chair shall appoint one or more
investigatory panels of two members of the Commission on a rotating basis to
review the determinations of just and sufficient cause made by the Executive
Director pursuant to NRS 281A.440 and make a final
determination regarding whether there is just and sufficient cause for the
Commission to render an opinion in a matter.
2. The Chair and Vice Chair of the
Commission may not serve together on an investigatory panel.
3. The members of an investigatory panel
may not be members of the same political party.
4. If an investigatory panel determines
that there is just and sufficient cause for the Commission to render an opinion
in a matter, the members of the investigatory panel shall not participate in
any further proceedings of the Commission relating to that matter.
(Added to NRS by 1999, 2730; A 2009, 1049)—(Substituted
in revision for NRS 281.462)
NRS 281A.230 Executive Director: Appointment; qualifications; classification;
prohibited activities and other employment.
1. The Commission shall appoint, within
the limits of legislative appropriation, an Executive Director who shall
perform the duties set forth in this chapter and such other duties as may be
prescribed by the Commission.
2. The Executive Director must have
experience in administration, investigations and law.
3. The Executive Director is in the
unclassified service of the State.
4. The Executive Director shall devote the
Executive Director’s entire time and attention to the business of the
Commission and shall not pursue any other business or occupation or hold any
other office of profit that detracts from the full and timely performance of
the Executive Director’s duties.
5. The Executive Director may not:
(a) Be actively involved in the work of any
political party or political campaign; or
(b) Except in pursuit of the business of the
Commission, communicate directly or indirectly with a State Legislator or a
member of a local legislative body on behalf of someone other than the
Executive Director to influence:
(1) The State Legislator with regard to
introducing or voting upon any matter or taking other legislative action; or
(2) The member of the local legislative
body with regard to introducing or voting upon any ordinance or resolution,
taking other legislative action or voting upon:
(I) The appropriation of public
money;
(II) The issuance of a license or
permit; or
(III) Any proposed subdivision of
land or special exception or variance from zoning regulations.
(Added to NRS by 1999, 2728; A 2009, 1049)—(Substituted
in revision for NRS 281.463)
NRS 281A.240 Executive Director: Duties; employment of staff; designation of
qualified person to perform duties when Executive Director unable to act on
matter.
1. In addition to any other duties imposed
upon the Executive Director, the Executive Director shall:
(a) Maintain complete and accurate records of all
transactions and proceedings of the Commission.
(b) Receive requests for opinions pursuant to NRS 281A.440.
(c) Gather information and conduct investigations
regarding requests for opinions received by the Commission and submit
recommendations to the investigatory panel appointed pursuant to NRS 281A.220 regarding whether there is just and
sufficient cause to render an opinion in response to a particular request.
(d) Recommend to the Commission any regulations
or legislation that the Executive Director considers desirable or necessary to
improve the operation of the Commission and maintain high standards of ethical
conduct in government.
(e) Upon the request of any public officer or the
employer of a public employee, conduct training on the requirements of this
chapter, the rules and regulations adopted by the Commission and previous
opinions of the Commission. In any such training, the Executive Director shall
emphasize that the Executive Director is not a member of the Commission and
that only the Commission may issue opinions concerning the application of the
statutory ethical standards to any given set of facts and circumstances. The
Commission may charge a reasonable fee to cover the costs of training provided
by the Executive Director pursuant to this subsection.
(f) Perform such other duties, not inconsistent
with law, as may be required by the Commission.
2. The Executive Director shall, within
the limits of legislative appropriation, employ such persons as are necessary
to carry out any of the Executive Director’s duties relating to:
(a) The administration of the affairs of the
Commission; and
(b) The investigation of matters under the
jurisdiction of the Commission.
3. If the Executive Director is prohibited
from acting on a particular matter or is otherwise unable to act on a
particular matter, the Chair of the Commission shall designate a qualified
person to perform the duties of the Executive Director with regard to that
particular matter.
(Added to NRS by 1999, 2729; A 2003, 3385; 2005, 2278; 2009, 1050;
2011, 1726;
2013, 3767)—(Substituted
in revision for NRS 281.4635)
NRS 281A.250 Commission Counsel: Appointment; qualifications; classification;
prohibited activities and other employment.
1. The Commission shall appoint, within
the limits of legislative appropriation, a Commission Counsel who shall perform
the duties set forth in this chapter and such other duties as may be prescribed
by the Commission.
2. The Commission Counsel must be an
attorney who is licensed to practice law in this State.
3. The Commission Counsel is in the
unclassified service of the State.
4. The Commission Counsel shall devote the
Commission Counsel’s entire time and attention to the business of the
Commission and shall not pursue any other business or occupation or hold any
other office of profit that detracts from the full and timely performance of
the Commission Counsel’s duties.
5. The Commission Counsel may not:
(a) Be actively involved in the work of any
political party or political campaign; or
(b) Except in pursuit of the business of the
Commission, communicate directly or indirectly with a State Legislator or a
member of a local legislative body on behalf of someone other than the
Commission Counsel to influence:
(1) The State Legislator with regard to
introducing or voting upon any matter or taking other legislative action; or
(2) The member of the local legislative
body with regard to introducing or voting upon any ordinance or resolution,
taking other legislative action or voting upon:
(I) The appropriation of public
money;
(II) The issuance of a license or
permit; or
(III) Any proposed subdivision of
land or special exception or variance from zoning regulations.
(Added to NRS by 1999, 2729; A 2001, 568; 2009, 1050)—(Substituted
in revision for NRS 281.464)
NRS 281A.260 Commission Counsel: Duties; legal advice; appointment or
employment of other counsel by Commission under certain circumstances.
1. The Commission Counsel is the legal
adviser to the Commission. For each opinion of the Commission, the Commission
Counsel shall prepare, at the direction of the Commission, the appropriate
findings of fact and conclusions as to relevant standards and the propriety of
particular conduct. The Commission Counsel shall not issue written opinions
concerning the applicability of the statutory ethical standards to a given set
of facts and circumstances except as directed by the Commission.
2. The Commission may rely upon the legal
advice of the Commission Counsel in conducting its daily operations.
3. If the Commission Counsel is prohibited
from acting on a particular matter or is otherwise unable to act on a
particular matter, the Commission may:
(a) Request that the Attorney General appoint a
deputy to act in the place of the Commission Counsel; or
(b) Employ outside legal counsel.
(Added to NRS by 1977, 1107; A 1985, 2126; 1999, 2743; 2005, 1577; 2009, 1051;
2013, 3768)—(Substituted
in revision for NRS 281.4645)
NRS 281A.270 Assessment for administrative costs: Determination; payment by
certain cities and counties; use of proceeds; collection.
1. Each county whose population is 10,000
or more and each city whose population is 15,000 or more and that is located
within such a county shall pay an assessment for the costs incurred by the
Commission each biennium in carrying out its functions pursuant to this
chapter. The total amount of money to be derived from assessments paid pursuant
to this subsection for a biennium must be determined by the Legislature in the
legislatively approved budget of the Commission for that biennium. The
assessments must be apportioned among each such city and county based on the
proportion that the total population of the city or the total population of the
unincorporated area of the county bears to the total population of all such
cities and the unincorporated areas of all such counties in this State.
2. On or before July 1 of each
odd-numbered year, the Executive Director shall, in consultation with the
Budget Division of the Department of Administration and the Fiscal Analysis
Division of the Legislative Counsel Bureau, determine for the next ensuing
biennium the amount of the assessments due for each city and county that is
required to pay an assessment pursuant to subsection 1. The assessments must be
paid to the Commission in semiannual installments that are due on or before
August 1 and February 1 of each year of the biennium. The Executive Director
shall send out a billing statement to each such city or county which states the
amount of the semiannual installment payment due from the city or county.
3. Any money that the Commission receives
pursuant to subsection 2:
(a) Must be deposited in the State Treasury,
accounted for separately in the State General Fund and credited to the budget
account for the Commission;
(b) May only be used to carry out the provisions
of this chapter and only to the extent authorized for expenditure by the
Legislature;
(c) Does not revert to the State General Fund at
the end of any fiscal year; and
(d) Does not revert to a city or county if:
(1) The actual expenditures by the
Commission are less than the amount of the assessments approved by the
Legislature pursuant to subsection 1 and the city or county has already
remitted its semiannual installment to the Commission for the billing period;
or
(2) The budget of the Commission is
modified after the amount of the assessments has been approved by the
Legislature pursuant to subsection 1 and the city or county has already
remitted its semiannual installment to the Commission for the billing period.
4. If any installment payment is not paid
on or before the date on which it is due, the Executive Director shall make
reasonable efforts to collect the delinquent payment. If the Executive Director
is not able to collect the arrearage, the Executive Director shall submit a
claim for the amount of the unpaid installment payment to the Department of
Taxation. If the Department of Taxation receives such a claim, the Department
shall deduct the amount of the claim from money that would otherwise be
allocated from the Local Government Tax Distribution Account to the city or
county that owes the installment payment and shall transfer that amount to the
Commission.
5. As used in this section, “population”
means the current population estimate for that city or county as determined and
published by the Department of Taxation and the demographer employed pursuant
to NRS 360.283.
(Added to NRS by 2003, 2661; A 2011, 1206;
2013, 3768)—(Substituted
in revision for NRS 281.4647)
NRS 281A.275 Authority to apply for and accept grants, contributions,
services and money. The Commission
may apply for and accept grants, contributions, services or money for the
purposes of carrying out the provisions of this chapter only if the action is
approved by a majority vote in an open public meeting of the Commission and the
Commission complies with the provisions of the State Budget Act.
(Added to NRS by 2013, 3764)
NRS 281A.280 Jurisdiction; statute of limitations.
1. The Commission has jurisdiction to
investigate and take appropriate action regarding an alleged violation of this
chapter by a public officer or employee or former public officer or employee in
any proceeding commenced by:
(a) The filing of a request for an opinion with
the Commission; or
(b) The Commission on its own motion,
Ê within 2
years after the alleged violation or reasonable discovery of the alleged
violation.
2. For the purposes of this section, a
proceeding is commenced:
(a) On the date on which a request for an opinion
is filed in the proper form with the Commission in accordance with the
regulations of the Commission; or
(b) If the proceeding is commenced by the
Commission on its own motion, on the date on which the Commission serves the
public officer or employee or former public officer or employee with notice of
the proceeding in accordance with the regulations of the Commission.
(Added to NRS by 1995, 2443; A 1997, 256; 1999, 2732; 2005, 2279; 2009, 1051)—(Substituted
in revision for NRS 281.465)
NRS 281A.290 Duties of Commission; inclusion of annotations of opinions of
Commission in Nevada Revised Statutes. The
Commission shall:
1. Adopt procedural regulations that are
necessary and proper to carry out the provisions of this chapter, including,
without limitation:
(a) To facilitate the receipt of inquiries by the
Commission;
(b) For the filing of a request for an opinion
with the Commission;
(c) For the withdrawal of a request for an
opinion by the person who filed the request; and
(d) To facilitate the prompt rendition of
opinions by the Commission.
2. Prescribe, by regulation, forms and
procedures for the submission of statements of acknowledgment filed by public
officers pursuant to NRS 281A.500, maintain files
of such statements and make the statements available for public inspection.
3. Cause the making of such investigations
as are reasonable and necessary for the rendition of its opinions pursuant to
this chapter.
4. Inform the Attorney General or district
attorney of all cases of noncompliance with the requirements of this chapter.
5. Recommend to the Legislature such
further legislation as the Commission considers desirable or necessary to
promote and maintain high standards of ethical conduct in government.
6. Publish a manual for the use of public
officers and employees that explains the requirements of this chapter.
Ê The
Legislative Counsel shall prepare annotations to this chapter for inclusion in
the Nevada Revised Statutes based on the published opinions of the Commission.
(Added to NRS by 1977, 1105; A 1985, 2124; 1991, 1595; 1999, 2732; 2003, 3019, 3386; 2003,
20th Special Session, 265; 2011, 1726;
2013, 3769)—(Substituted
in revision for NRS 281.471)
NRS 281A.300 Oaths; written requests and subpoenas for attendance and
production of books and papers.
1. The Chair and Vice Chair of the
Commission may administer oaths.
2. The Commission, upon majority vote, may
issue a subpoena to compel the attendance of a witness and the production of
books and papers. Upon the request of the Executive Director or the public
officer or employee who is the subject of a request for an opinion, the Chair
or, in the Chair’s absence, the Vice Chair, may issue a subpoena to compel the
attendance of a witness and the production of books and papers. A public
officer or employee who requests the issuance of a subpoena pursuant to this
subsection must serve the subpoena in the manner provided in the Nevada Rules
of Civil Procedure for service of subpoenas in a civil action and must pay the
costs of such service.
3. Before issuing a subpoena to a public
officer or employee who is the subject of a request for an opinion to compel
his or her attendance as a witness or his or her production of books or papers,
the Executive Director shall submit a written request to the public officer or
employee requesting:
(a) The appearance of the public officer or
employee as a witness; or
(b) The production by the public officer or
employee of any books and papers relating to the request for an opinion.
4. Each written request submitted by the
Executive Director pursuant to subsection 3 must specify the time and place for
the attendance of the public officer or employee or the production of any books
and papers, and designate with certainty the books and papers requested, if
any. If the public officer or employee fails or refuses to attend at the time
and place specified or produce the books and papers requested by the Executive
Director within 5 business days after receipt of the request, the Chair may
issue the subpoena. Failure of the public officer or employee to comply with
the written request of the Executive Director shall be deemed a waiver by the
public officer or employee of the time set forth in subsections 4, 5 and 6 of NRS 281A.440.
5. If any witness refuses to attend,
testify or produce any books and papers as required by the subpoena, the Chair
of the Commission may report to the district court by petition, setting forth
that:
(a) Due notice has been given of the time and
place of attendance of the witness or the production of the books and papers;
(b) The witness has been subpoenaed by the
Commission pursuant to this section; and
(c) The witness has failed or refused to attend
or produce the books and papers required by the subpoena before the Commission,
or has refused to answer questions propounded to the witness, and asking for an
order of the court compelling the witness to attend and testify or produce the
books and papers before the Commission.
6. Upon such a petition, the court shall
enter an order directing the witness to appear before the court at a time and
place to be fixed by the court in its order, the time to be not more than 10
days after the date of the order, and then and there show cause why the witness
has not attended, testified or produced the books or papers before the
Commission. A certified copy of the order must be served upon the witness.
7. If it appears to the court that the
subpoena was regularly issued by the Commission, the court shall enter an order
that the witness appear before the Commission, at the time and place fixed in
the order, and testify or produce the required books and papers. Upon failure
to obey the order, the witness must be dealt with as for contempt of court.
(Added to NRS by 1991, 1591; A 1997, 257; 1999, 2733; 2003, 3387; 2005, 2279; 2009, 1052;
2013, 3769)—(Substituted
in revision for NRS 281.475)
SPECIALIZED OR LOCAL ETHICS COMMITTEE
NRS 281A.350 Establishment; functions; limitations on powers;
confidentiality.
1. Any state agency or the governing body
of a county or an incorporated city may establish a specialized or local ethics
committee to complement the functions of the Commission. A specialized or local
ethics committee may:
(a) Establish a code of ethical standards
suitable for the particular ethical problems encountered in its sphere of
activity. The standards may not be less restrictive than the statutory ethical
standards.
(b) Render an opinion upon the request of any
public officer or employee of its own organization or level seeking an
interpretation of its ethical standards on questions directly related to the
propriety of the public officer’s or employee’s own future official conduct or
refer the request to the Commission. Any public officer or employee subject to
the jurisdiction of the committee shall direct the public officer’s or
employee’s inquiry to that committee instead of the Commission.
(c) Require the filing of statements of financial
disclosure by public officers on forms prescribed by the committee or the city
clerk if the form has been:
(1) Submitted, at least 60 days before its
anticipated distribution, to the Secretary of State for review; and
(2) Upon review, approved by the Secretary
of State. The Secretary of State shall not approve the form unless the form
contains all the information required to be included in a statement of
financial disclosure pursuant to NRS
281.571.
2. The Secretary of State is not
responsible for the costs of producing or distributing a form for filing a
statement of financial disclosure pursuant to the provisions of subsection 1.
3. A specialized or local ethics committee
shall not attempt to interpret or render an opinion regarding the statutory
ethical standards.
4. Each request for an opinion submitted
to a specialized or local ethics committee, each hearing held to obtain
information on which to base an opinion, all deliberations relating to an
opinion, each opinion rendered by a committee and any motion relating to the
opinion are confidential unless:
(a) The public officer or employee acts in
contravention of the opinion; or
(b) The requester discloses the content of the
opinion.
(Added to NRS by 1977, 1107; A 1985, 2126; 1991, 105; 1995, 2198, 2445; 1997, 640, 641; 2011, 1727;
2013, 3781)—(Substituted
in revision for NRS 281A.470)
CODE OF ETHICAL STANDARDS
NRS 281A.400 General requirements; exceptions. A
code of ethical standards is hereby established to govern the conduct of public
officers and employees:
1. A public officer or employee shall not
seek or accept any gift, service, favor, employment, engagement, emolument or
economic opportunity which would tend improperly to influence a reasonable
person in the public officer’s or employee’s position to depart from the
faithful and impartial discharge of the public officer’s or employee’s public
duties.
2. A public officer or employee shall not
use the public officer’s or employee’s position in government to secure or
grant unwarranted privileges, preferences, exemptions or advantages for the
public officer or employee, any business entity in which the public officer or
employee has a significant pecuniary interest, or any person to whom the public
officer or employee has a commitment in a private capacity to the interests of
that person. As used in this subsection, “unwarranted” means without
justification or adequate reason.
3. A public officer or employee shall not
participate as an agent of government in the negotiation or execution of a
contract between the government and any business entity in which the public
officer or employee has a significant pecuniary interest.
4. A public officer or employee shall not
accept any salary, retainer, augmentation, expense allowance or other
compensation from any private source for the performance of the public
officer’s or employee’s duties as a public officer or employee.
5. If a public officer or employee
acquires, through the public officer’s or employee’s public duties or
relationships, any information which by law or practice is not at the time
available to people generally, the public officer or employee shall not use the
information to further a significant pecuniary interest of the public officer
or employee or any other person or business entity.
6. A public officer or employee shall not
suppress any governmental report or other official document because it might
tend to affect unfavorably a significant pecuniary interest of the public
officer or employee.
7. Except for State Legislators who are subject
to the restrictions set forth in subsection 8, a public officer or employee
shall not use governmental time, property, equipment or other facility to
benefit a significant personal or pecuniary interest of the public officer or
employee. This subsection does not prohibit:
(a) A limited use of governmental property,
equipment or other facility for personal purposes if:
(1) The public officer or employee who is
responsible for and has authority to authorize the use of such property,
equipment or other facility has established a policy allowing the use or the
use is necessary as a result of emergency circumstances;
(2) The use does not interfere with the
performance of the public officer’s or employee’s public duties;
(3) The cost or value related to the use
is nominal; and
(4) The use does not create the appearance
of impropriety;
(b) The use of mailing lists, computer data or
other information lawfully obtained from a governmental agency which is
available to members of the general public for nongovernmental purposes; or
(c) The use of telephones or other means of
communication if there is not a special charge for that use.
Ê If a
governmental agency incurs a cost as a result of a use that is authorized
pursuant to this subsection or would ordinarily charge a member of the general
public for the use, the public officer or employee shall promptly reimburse the
cost or pay the charge to the governmental agency.
8. A State Legislator shall not:
(a) Use governmental time, property, equipment or
other facility for a nongovernmental purpose or for the private benefit of the
State Legislator or any other person. This paragraph does not prohibit:
(1) A limited use of state property and
resources for personal purposes if:
(I) The use does not interfere with
the performance of the State Legislator’s public duties;
(II) The cost or value related to
the use is nominal; and
(III) The use does not create the
appearance of impropriety;
(2) The use of mailing lists, computer
data or other information lawfully obtained from a governmental agency which is
available to members of the general public for nongovernmental purposes; or
(3) The use of telephones or other means
of communication if there is not a special charge for that use.
(b) Require or authorize a legislative employee,
while on duty, to perform personal services or assist in a private activity,
except:
(1) In unusual and infrequent situations
where the employee’s service is reasonably necessary to permit the State
Legislator or legislative employee to perform that person’s official duties; or
(2) Where such service has otherwise been
established as legislative policy.
9. A public officer or employee shall not
attempt to benefit a significant personal or pecuniary interest of the public
officer or employee through the influence of a subordinate.
10. A public officer or employee shall not
seek other employment or contracts through the use of the public officer’s or
employee’s official position.
(Added to NRS by 1977, 1105; A 1987, 2094; 1991, 1595; 1993, 2243; 1997, 3324; 1999, 2736; 2003, 3388; 2009, 1053;
2013, 3771)—(Substituted
in revision for NRS 281.481)
NRS 281A.410 Limitations on representing or counseling private persons before
public agencies; disclosure required by certain public officers. In addition to the requirements of the code of
ethical standards and the other provisions of this chapter:
1. If a public officer or employee serves
in a state agency of the Executive Department or an agency of any county, city
or other political subdivision, the public officer or employee:
(a) Shall not accept compensation from any
private person to represent or counsel the private person on any issue pending
before the agency in which that public officer or employee serves, if the
agency makes decisions; and
(b) If the public officer or employee leaves the
service of the agency, shall not, for 1 year after leaving the service of the
agency, represent or counsel for compensation a private person upon any issue
which was under consideration by the agency during the public officer’s or
employee’s service. As used in this paragraph, “issue” includes a case,
proceeding, application, contract or determination, but does not include the
proposal or consideration of legislative measures or administrative
regulations.
2. Except as otherwise provided in
subsection 3, a State Legislator or a member of a local legislative body, or a
public officer or employee whose public service requires less than half of his
or her time, may represent or counsel a private person before an agency in
which he or she does not serve.
3. A member of a local legislative body
shall not represent or counsel a private person for compensation before another
local agency if the territorial jurisdiction of the other local agency includes
any part of the county in which the member serves. The Commission may relieve
the member from the strict application of the provisions of this subsection if:
(a) The member requests an opinion from the
Commission pursuant to subsection 1 of NRS 281A.440;
and
(b) The Commission determines that such relief is
not contrary to:
(1) The best interests of the public;
(2) The continued ethical integrity of
each local agency affected by the matter; and
(3) The provisions of this chapter.
4. Unless permitted by this section, a
public officer or employee shall not represent or counsel a private person for
compensation before any state agency of the Executive or Legislative
Department.
5. Not later than January 15 of each year,
if any State Legislator, member of a local legislative body or other public
officer permitted by this section has, within the preceding year, represented
or counseled a private person for compensation before a state agency of the
Executive Department, he or she shall disclose for each such representation or
counseling during the previous calendar year:
(a) The name of the client;
(b) The nature of the representation; and
(c) The name of the state agency.
6. The disclosure required by subsection 5
must be made in writing and filed with the Commission on a form prescribed by
the Commission. For the purposes of this subsection, the disclosure is timely
filed if, on or before the last day for filing, the disclosure is filed in one
of the following ways:
(a) Delivered in person to the principal office
of the Commission in Carson City.
(b) Mailed to the Commission by first-class mail,
or other class of mail that is at least as expeditious, postage prepaid. Filing
by mail is complete upon timely depositing the disclosure with the United
States Postal Service.
(c) Dispatched to a third-party commercial
carrier for delivery to the Commission within 3 calendar days. Filing by
third-party commercial carrier is complete upon timely depositing the
disclosure with the third-party commercial carrier.
(d) Transmitted to the Commission by facsimile
machine or other electronic means authorized by the Commission. Filing by
facsimile machine or other electronic means is complete upon receipt of the
transmission by the Commission.
7. The Commission shall retain a
disclosure filed pursuant to this section for 6 years after the date on which
the disclosure was filed.
(Added to NRS by 1977, 1106; A 1991, 1597; 2001, 2289; 2007, 638; 2009, 1054;
2013, 3772)—(Substituted
in revision for NRS 281.491)
NRS 281A.420 Requirements regarding disclosure of conflicts of interest and
abstention from voting because of certain types of conflicts; effect of
abstention on quorum and voting requirements; exceptions.
1. Except as otherwise provided in this
section, a public officer or employee shall not approve, disapprove, vote,
abstain from voting or otherwise act upon a matter:
(a) Regarding which the public officer or
employee has accepted a gift or loan;
(b) In which the public officer or employee has a
significant pecuniary interest; or
(c) Which would reasonably be affected by the
public officer’s or employee’s commitment in a private capacity to the
interests of another person,
Ê without
disclosing information concerning the gift or loan, significant pecuniary
interest or commitment in a private capacity to the interests of the person
that is sufficient to inform the public of the potential effect of the action
or abstention upon the person who provided the gift or loan, upon the public
officer’s or employee’s significant pecuniary interest, or upon the person to
whom the public officer or employee has a commitment in a private capacity.
Such a disclosure must be made at the time the matter is considered. If the
public officer or employee is a member of a body which makes decisions, the
public officer or employee shall make the disclosure in public to the chair and
other members of the body. If the public officer or employee is not a member of
such a body and holds an appointive office, the public officer or employee
shall make the disclosure to the supervisory head of the public officer’s or
employee’s organization or, if the public officer holds an elective office, to
the general public in the area from which the public officer is elected.
2. The provisions of subsection 1 do not
require a public officer to disclose:
(a) Any campaign contributions that the public
officer reported in a timely manner pursuant to NRS 294A.120 or 294A.125; or
(b) Any contributions to a legal defense fund
that the public officer reported in a timely manner pursuant to NRS 294A.286.
3. Except as otherwise provided in this
section, in addition to the requirements of subsection 1, a public officer
shall not vote upon or advocate the passage or failure of, but may otherwise
participate in the consideration of, a matter with respect to which the
independence of judgment of a reasonable person in the public officer’s
situation would be materially affected by:
(a) The public officer’s acceptance of a gift or
loan;
(b) The public officer’s significant pecuniary
interest; or
(c) The public officer’s commitment in a private
capacity to the interests of another person.
4. In interpreting and applying the
provisions of subsection 3:
(a) It must be presumed that the independence of
judgment of a reasonable person in the public officer’s situation would not be
materially affected by the public officer’s acceptance of a gift or loan,
significant pecuniary interest or commitment in a private capacity to the
interests of another person where the resulting benefit or detriment accruing
to the public officer, or if the public officer has a commitment in a private
capacity to the interests of another person, accruing to the other person, is
not greater than that accruing to any other member of any general business,
profession, occupation or group that is affected by the matter. The presumption
set forth in this paragraph does not affect the applicability of the
requirements set forth in subsection 1 relating to the disclosure of the
acceptance of a gift or loan, significant pecuniary interest or commitment in a
private capacity to the interests of another person.
(b) The Commission must give appropriate weight
and proper deference to the public policy of this State which favors the right
of a public officer to perform the duties for which the public officer was
elected or appointed and to vote or otherwise act upon a matter, provided the
public officer has properly disclosed the public officer’s acceptance of a gift
or loan, significant pecuniary interest or commitment in a private capacity to
the interests of another person in the manner required by subsection 1. Because
abstention by a public officer disrupts the normal course of representative
government and deprives the public and the public officer’s constituents of a
voice in governmental affairs, the provisions of this section are intended to
require abstention only in clear cases where the independence of judgment of a
reasonable person in the public officer’s situation would be materially
affected by the public officer’s acceptance of a gift or loan, significant
pecuniary interest or commitment in a private capacity to the interests of
another person.
5. Except as otherwise provided in NRS 241.0355, if a public officer
declares to the body or committee in which the vote is to be taken that the
public officer will abstain from voting because of the requirements of this
section, the necessary quorum to act upon and the number of votes necessary to
act upon the matter, as fixed by any statute, ordinance or rule, is reduced as
though the member abstaining were not a member of the body or committee.
6. The provisions of this section do not,
under any circumstances:
(a) Prohibit a member of a local legislative body
from requesting or introducing a legislative measure; or
(b) Require a member of a local legislative body
to take any particular action before or while requesting or introducing a
legislative measure.
7. The provisions of this section do not,
under any circumstances, apply to State Legislators or allow the Commission to
exercise jurisdiction or authority over State Legislators. The responsibility
of a State Legislator to make disclosures concerning gifts, loans, interests or
commitments and the responsibility of a State Legislator to abstain from voting
upon or advocating the passage or failure of a matter are governed by the
Standing Rules of the Legislative Department of State Government which are
adopted, administered and enforced exclusively by the appropriate bodies of the
Legislative Department of State Government pursuant to Section 6 of Article 4 of the Nevada
Constitution.
8. As used in this section, “public
officer” and “public employee” do not include a State Legislator.
(Added to NRS by 1977, 1106; A 1987, 2095; 1991, 1597; 1995, 1083; 1997, 3326; 1999, 2738; 2003, 818, 1735, 3389; 2007, 3372; 2009, 1055,
1057; 2013, 3774)—(Substituted
in revision for NRS 281.501)
NRS 281A.430 Contracts in which public officer or employee has interest
prohibited; exceptions.
1. Except as otherwise provided in this
section and NRS 218A.970 and 332.800, a public officer or employee
shall not bid on or enter into a contract between an agency and any business
entity in which the public officer or employee has a significant pecuniary
interest.
2. A member of any board, commission or
similar body who is engaged in the profession, occupation or business regulated
by such board, commission or body may, in the ordinary course of his or her
business, bid on or enter into a contract with an agency, except the board,
commission or body on 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 an agency, or may benefit financially or otherwise from a
contract between an 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. Except as otherwise provided in
subsection 2, 3 or 5, a public officer or employee may bid on or enter into a
contract with an agency if:
(a) The contracting process is controlled by the
rules of open competitive bidding or the rules of open competitive bidding are
not employed as a result of the applicability of NRS 332.112 or 332.148;
(b) The sources of supply are limited;
(c) The public officer or employee has not taken
part in developing the contract plans or specifications; and
(d) The public officer or employee will not be
personally involved in opening, considering or accepting offers.
Ê If a public
officer who is authorized to bid on or enter into a contract with an 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 the public officer’s interest in the contract and
shall not vote on or advocate the approval of the contract.
5. A member of a local legislative body
shall not, either individually or through any business entity in which the
member has a significant pecuniary interest, sell goods or services to the
local agency governed by his or her local legislative body unless:
(a) The member, or the business entity in which
the member has a significant pecuniary interest, offers the sole source of supply
of the goods or services within the territorial jurisdiction of the local
agency governed by his or her local legislative body;
(b) The local legislative body includes in the
public notice and agenda for the meeting at which it will consider the purchase
of such goods or services a clear and conspicuous statement that it is
considering purchasing such goods or services from one of its members, or from
a business entity in which the member has a significant pecuniary interest;
(c) At the meeting, the member discloses his or
her significant pecuniary interest in the purchase of such goods or services
and does not vote upon or advocate the approval of the matter pursuant to the
requirements of NRS 281A.420; and
(d) The local legislative body approves the
purchase of such goods or services in accordance with all other applicable
provisions of law.
6. The Commission may relieve a public
officer or employee from the strict application of the provisions of this
section if:
(a) The public officer or employee requests an
opinion from the Commission pursuant to subsection 1 of NRS
281A.440; and
(b) The Commission determines that such relief is
not contrary to:
(1) The best interests of the public;
(2) The continued ethical integrity of
each agency affected by the matter; and
(3) The provisions of this chapter.
(Added to NRS by 1993, 2241; A 1995, 689; 2001, 1629; 2003, 892; 2009, 1060;
2013, 3776)—(Substituted
in revision for NRS 281.505)
PROCEEDINGS AND OPINIONS
NRS 281A.440 Rendering of opinions by Commission: Requests; investigations;
determination of just and sufficient cause; notice and hearings;
confidentiality.
1. The Commission shall render an opinion
interpreting the statutory ethical standards and apply the standards to a given
set of facts and circumstances within 45 days after receiving a request, on a
form prescribed by the Commission, from a public officer or employee who is
seeking guidance on questions which directly relate to the propriety of the
requester’s own past, present or future conduct as a public officer or
employee, unless the public officer or employee waives the time limit. The
public officer or employee may also request the Commission to hold a public
hearing regarding the requested opinion. If a requested opinion relates to the
propriety of the requester’s own present or future conduct, the opinion of the
Commission is:
(a) Binding upon the requester as to the
requester’s future conduct; and
(b) Final and subject to judicial review pursuant
to NRS 233B.130, except that a proceeding
regarding this review must be held in closed court without admittance of
persons other than those necessary to the proceeding, unless this right to
confidential proceedings is waived by the requester.
2. The Commission may render an opinion
interpreting the statutory ethical standards and apply the standards to a given
set of facts and circumstances:
(a) Upon request from a specialized or local
ethics committee.
(b) Except as otherwise provided in this
subsection, upon request from a person, if the requester submits:
(1) The request on a form prescribed by
the Commission; and
(2) All related evidence deemed necessary
by the Executive Director and the investigatory panel to make a determination
of whether there is just and sufficient cause to render an opinion in the
matter.
(c) Upon the Commission’s own motion regarding
the propriety of conduct by a public officer or employee. The Commission shall
not initiate proceedings pursuant to this paragraph based solely upon an
anonymous complaint.
Ê The
Commission shall not render an opinion interpreting the statutory ethical
standards or apply those standards to a given set of facts and circumstances if
the request is submitted by a person who is incarcerated in a correctional
facility in this State.
3. Upon receipt of a request for an
opinion by the Commission or upon the motion of the Commission pursuant to
subsection 2, the Executive Director shall investigate the facts and
circumstances relating to the request to determine whether there is just and
sufficient cause for the Commission to render an opinion in the matter. The
Executive Director shall notify the public officer or employee who is the
subject of the request and provide the public officer or employee an
opportunity to submit to the Executive Director a response to the allegations
against the public officer or employee within 30 days after the date on which
the public officer or employee received the notice of the request. The purpose
of the response is to provide the Executive Director with any information
relevant to the request which the public officer or employee believes may
assist the Executive Director and the investigatory panel in conducting the
investigation. The public officer or employee is not required in the response
or in any proceeding before the investigatory panel to assert, claim or raise
any objection or defense, in law or fact, to the allegations against the public
officer or employee and no objection or defense, in law or fact, is waived,
abandoned or barred by the failure to assert, claim or raise it in the response
or in any proceeding before the investigatory panel.
4. The Executive Director shall complete
the investigation and present a written recommendation relating to just and
sufficient cause, including, without limitation, the specific evidence or
reasons that support the recommendation, to the investigatory panel within 70
days after the receipt of or the motion of the Commission for the request,
unless the public officer or employee waives this time limit.
5. Within 15 days after the Executive
Director has provided the written recommendation in the matter to the
investigatory panel pursuant to subsection 4, the investigatory panel shall
conclude the investigation and make a final determination regarding whether
there is just and sufficient cause for the Commission to render an opinion in
the matter, unless the public officer or employee waives this time limit. The
investigatory panel shall not determine that there is just and sufficient cause
for the Commission to render an opinion in the matter unless the Executive
Director has provided the public officer or employee an opportunity to respond
to the allegations against the public officer or employee as required by
subsection 3. The investigatory panel shall cause a record of its proceedings
in each matter to be kept.
6. If the investigatory panel determines
that there is just and sufficient cause for the Commission to render an opinion
in the matter, the Commission shall hold a hearing and render an opinion in the
matter within 60 days after the determination of just and sufficient cause by
the investigatory panel, unless the public officer or employee waives this time
limit.
7. Each request for an opinion that a
public officer or employee submits to the Commission pursuant to subsection 1,
each opinion rendered by the Commission in response to such a request and any
motion, determination, evidence or record of a hearing relating to such a
request are confidential unless the public officer or employee who requested
the opinion:
(a) Acts in contravention of the opinion, in
which case the Commission may disclose the request for the opinion, the
contents of the opinion and any motion, evidence or record of a hearing related
thereto;
(b) Discloses the request for the opinion, the
contents of the opinion, or any motion, evidence or record of a hearing related
thereto; or
(c) Requests the Commission to disclose the
request for the opinion, the contents of the opinion, or any motion, evidence
or record of a hearing related thereto.
8. Except as otherwise provided in
subsection 9, all information, communications, records, documents or other
material in the possession of the Commission or its staff that is related to a
request for an opinion regarding a public officer or employee submitted to or
initiated by the Commission pursuant to subsection 2, including, without
limitation, the record of the proceedings of the investigatory panel made
pursuant to subsection 5, are confidential and not public records pursuant to chapter 239 of NRS until:
(a) The investigatory panel determines whether
there is just and sufficient cause to render an opinion in the matter and
serves written notice of such a determination on the public officer or employee
who is the subject of the request for an opinion submitted or initiated
pursuant to subsection 2; or
(b) The public officer or employee who is the
subject of a request for an opinion submitted or initiated pursuant to subsection
2 authorizes the Commission in writing to make its information, communications,
records, documents or other material which are related to the request publicly
available,
Ê whichever
occurs first.
9. Except as otherwise provided in this
section, the investigative file of the Commission is confidential. At any time
after being served with written notice of the determination of the
investigatory panel regarding the existence of just and sufficient cause for
the Commission to render an opinion in the matter, the public officer or
employee who is the subject of the request for an opinion may submit a written
discovery request to the Commission for a copy of any portion of the
investigative file that the Commission intends to present for consideration as
evidence in rendering an opinion in the matter and a list of proposed
witnesses. Any portion of the investigative file which the Commission presents
as evidence in rendering an opinion in the matter becomes a public record as
provided in chapter 239 of NRS.
10. Whenever the Commission holds a
hearing pursuant to this section, the Commission shall:
(a) Notify the person about whom the opinion was
requested of the place and time of the Commission’s hearing on the matter;
(b) Allow the person to be represented by
counsel; and
(c) Allow the person to hear the evidence
presented to the Commission and to respond and present evidence on the person’s
own behalf.
Ê The
Commission’s hearing may be held no sooner than 10 days after the notice is
given unless the person agrees to a shorter time.
11. If a person who is not a party to a
hearing before the Commission, including, without limitation, a person who has
requested an opinion pursuant to paragraph (a) or (b) of subsection 2, wishes
to ask a question of a witness at the hearing, the person must submit the
question to the Executive Director in writing. The Executive Director may
submit the question to the Commission if the Executive Director deems the question
relevant and appropriate. This subsection does not require the Commission to
ask any question submitted by a person who is not a party to the proceeding.
12. If a person who requests an opinion
pursuant to subsection 1 or 2 does not:
(a) Submit all necessary information to the
Commission; and
(b) Declare by oath or affirmation that the
person will testify truthfully,
Ê the
Commission may decline to render an opinion.
13. For good cause shown, the Commission
may take testimony from a person by telephone or video conference.
14. For the purposes of NRS 41.032, the members of the Commission
and its employees shall be deemed to be exercising or performing a
discretionary function or duty when taking an action related to the rendering
of an opinion pursuant to this section.
15. A meeting or hearing that the
Commission or the investigatory panel holds to receive information or evidence
concerning the propriety of the conduct of a public officer or employee
pursuant to this section and the deliberations of the Commission and the
investigatory panel on such information or evidence are not subject to the
provisions of chapter 241 of NRS.
16. For the purposes of this section, the
investigative file of the Commission which relates to a request for an opinion
regarding a public officer or employee includes, without limitation, any
information obtained by the Commission through any form of communication during
the course of an investigation and any records, documents or other material
created or maintained during the course of an investigation which relate to the
public officer or employee who is the subject of the request for an opinion,
regardless of whether such information, records, documents or other material
are obtained by a subpoena.
(Added to NRS by 1977, 1107; A 1985, 2124; 1987, 2095; 1991, 1598; 1995, 2443; 1997, 3327; 1999, 665, 2739; 2003, 3391; 2007, 615; 2009, 1061;
2013, 3777)—(Substituted
in revision for NRS 281.511)
NRS 281A.450 Legal defense of public officer or employee in proceedings
relating to opinion requests.
1. If a request for an opinion is
submitted to or initiated by the Commission concerning a present or former
state officer or employee, unless the state officer or employee retains his or
her legal counsel or the Attorney General tenders the defense of the state
officer or employee to an insurer who, pursuant to a contract of insurance, is
authorized to defend the state officer or employee, the Attorney General shall
defend the state officer or employee or employ special counsel to defend the
state officer or employee in any proceeding relating to the request for the
opinion if:
(a) The state officer or employee submits a
written request for defense in the manner provided in NRS 41.0339; and
(b) Based on the facts and allegations known to
the Attorney General, the Attorney General determines that the act or omission
on which the alleged violation is based:
(1) Appears to be within the course and
scope of public duty or employment of the state officer or employee; and
(2) Appears to have been performed or
omitted in good faith.
2. The Attorney General shall create a
written record setting forth the basis for the Attorney General’s determination
of whether to defend the state officer or employee pursuant to paragraph (b) of
subsection 1. The written record is not admissible in evidence at trial or in
any other judicial or administrative proceeding in which the state officer or
employee is a party, except in connection with an application to withdraw as
the attorney of record.
(Added to NRS by 2005, 2556)—(Substituted
in revision for NRS 281.515)
NRS 281A.460 Opinions of Commission may include guidance to public officer or
employee; restrictions. The
Commission’s opinions may include guidance to a public officer or employee on
questions whether:
1. A conflict exists between the public
officer’s or employee’s personal interest and the public officer’s or
employee’s official duty.
2. The public officer’s or employee’s
official duties involve the use of discretionary judgment whose exercise in the
particular matter would have a significant effect upon the disposition of the
matter.
3. The conflict would materially affect
the independence of the judgment of a reasonable person in the public officer’s
or employee’s situation.
4. The public officer or employee
possesses special knowledge which is an indispensable asset of the public
officer’s or employee’s public agency and is needed by it to reach a sound
decision.
5. It would be appropriate for the public
officer or employee to withdraw or abstain from participation, disclose the
nature of the public officer’s or employee’s conflicting personal interest or
pursue some other designated course of action in the matter.
(Added to NRS by 1977, 1107; A 1985, 2126; 1987, 2097; 1997, 258; 2005, 2280)—(Substituted
in revision for NRS 281.521)
NRS 281A.465 Standards for resolving opinion requests by stipulations, agreed
settlements or consent orders. In any
matter in which the Commission disposes of a request for an opinion by
stipulation, agreed settlement or consent order, the Commission shall treat
comparable situations in a comparable manner and shall ensure that the
disposition of the matter bears a reasonable relationship to the severity of
the violation or alleged violation.
(Added to NRS by 2013, 3764)
NRS 281A.470 Specialized or local ethics committee: Establishment; functions;
confidentiality. [Replaced in
revision by NRS 281A.350.]
NRS 281A.475 Standards for determining whether violation is willful violation
and amount of civil penalty imposed.
1. In determining
whether a violation of this chapter is a willful violation and, if so, the
amount of any civil penalty to be imposed on a public officer or employee or
former public officer or employee pursuant to NRS
281A.480, the Commission shall consider:
(a) The seriousness of the violation, including,
without limitation, the nature, circumstances, extent and gravity of the violation;
(b) The number and history of previous warnings
issued to or violations of the provisions of this chapter by the public officer
or employee;
(c) The cost to the Commission to conduct the
investigation and any hearing relating to the violation;
(d) Any mitigating factors, including, without
limitation, any self-reporting, prompt correction of the violation, any
attempts to rectify the violation before any complaint is filed and any
cooperation by the public officer or employee in resolving the complaint;
(e) Any restitution or reimbursement paid to
parties affected by the violation;
(f) The extent of any financial gain resulting
from the violation; and
(g) Any other matter justice may require.
2. In applying the factors set forth in
this section, the Commission shall treat comparable situations in a comparable
manner and shall ensure that the disposition of the matter bears a reasonable
relationship to the severity of the violation.
(Added to NRS by 2013, 3765)
NRS 281A.480 Commission authorized to impose civil penalties; duties of
Commission upon finding willful violation; circumstances in which violation not
deemed willful; effect of chapter upon criminal law; judicial review; burden of
proof.
1. In addition to any other penalties
provided by law and in accordance with the provisions of NRS 281A.475, the Commission may impose on a public
officer or employee or former public officer or employee civil penalties:
(a) Not to exceed $5,000 for a first willful
violation of this chapter;
(b) Not to exceed $10,000 for a separate act or
event that constitutes a second willful violation of this chapter; and
(c) Not to exceed $25,000 for a separate act or
event that constitutes a third willful violation of this chapter.
2. In addition to any other penalties
provided by law, the Commission may, upon its own motion or upon the motion of
the person about whom an opinion was requested pursuant to NRS 281A.440, impose a civil penalty not to exceed
$5,000 and assess an amount equal to the amount of attorney’s fees and costs
actually and reasonably incurred by the person about whom an opinion was
requested pursuant to NRS 281A.440 against a
person who prevents, interferes with or attempts to prevent or interfere with
the discovery or investigation of a violation of this chapter.
3. If the Commission finds that a
violation of a provision of this chapter by a public officer or employee or
former public officer or employee has resulted in the realization of a
financial benefit by the current or former public officer or employee or
another person, the Commission may, in addition to any other penalties provided
by law, require the current or former public officer or employee to pay a civil
penalty of not more than twice the amount so realized.
4. In addition to any other penalties
provided by law, if a proceeding results in an opinion that:
(a) One or more willful violations of this
chapter have been committed by a State Legislator removable from office only
through expulsion by the State Legislator’s own House pursuant to Section 6 of Article 4 of the Nevada
Constitution, the Commission shall:
(1) If the State Legislator is a member of
the Senate, submit the opinion to the Majority Leader of the Senate or, if the
Majority Leader of the Senate is the subject of the opinion or the person who
requested the opinion, to the President Pro Tempore of the Senate; or
(2) If the State Legislator is a member of
the Assembly, submit the opinion to the Speaker of the Assembly or, if the
Speaker of the Assembly is the subject of the opinion or the person who
requested the opinion, to the Speaker Pro Tempore of the Assembly.
(b) One or more willful violations of this
chapter have been committed by a state officer removable from office only
through impeachment pursuant to Article 7
of the Nevada Constitution, the Commission shall submit the opinion to the
Speaker of the Assembly and the Majority Leader of the Senate or, if the
Speaker of the Assembly or the Majority Leader of the Senate is the person who
requested the opinion, to the Speaker Pro Tempore of the Assembly or the
President Pro Tempore of the Senate, as appropriate.
(c) One or more willful violations of this
chapter have been committed by a public officer other than a public officer
described in paragraphs (a) and (b), the willful violations shall be deemed to
be malfeasance in office for the purposes of NRS
283.440 and the Commission:
(1) May file a complaint in the
appropriate court for removal of the public officer pursuant to NRS 283.440 when the public officer is
found in the opinion to have committed fewer than three willful violations of
this chapter.
(2) Shall file a complaint in the
appropriate court for removal of the public officer pursuant to NRS 283.440 when the public officer is
found in the opinion to have committed three or more willful violations of this
chapter.
Ê This
paragraph grants an exclusive right to the Commission, and no other person may
file a complaint against the public officer pursuant to NRS 283.440 based on any violation found
in the opinion.
5. Notwithstanding any other provision of
this chapter, any act or failure to act by a public officer or employee or
former public officer or employee relating to this chapter is not a willful
violation of this chapter if the public officer or employee establishes by sufficient
evidence that:
(a) The public officer or employee relied in good
faith upon the advice of the legal counsel retained by his or her public body,
agency or employer; and
(b) The act or failure to act by the public
officer or employee was not contrary to a prior published opinion issued by the
Commission.
6. In addition to any other penalties
provided by law, a public employee who commits a willful violation of this
chapter is subject to disciplinary proceedings by the employer of the public
employee and must be referred for action in accordance to the applicable
provisions governing the employment of the public employee.
7. The provisions of this chapter do not
abrogate or decrease the effect of the provisions of the Nevada Revised
Statutes which define crimes or prescribe punishments with respect to the
conduct of public officers or employees. If the Commission finds that a public
officer or employee has committed a willful violation of this chapter which it
believes may also constitute a criminal offense, the Commission shall refer the
matter to the Attorney General or the district attorney, as appropriate, for a
determination of whether a crime has been committed that warrants prosecution.
8. The imposition of a civil penalty
pursuant to subsection 1, 2 or 3 is a final decision for the purposes of
judicial review pursuant to NRS 233B.130.
9. A finding by the Commission that a
public officer or employee has violated any provision of this chapter must be
supported by a preponderance of the evidence unless a greater burden is
otherwise prescribed by law.
(Added to NRS by 1977, 1108; A 1987, 2097; 1991, 1600; 1993, 2244; 1995, 2446; 1997, 258, 3330, 3333; 1999, 2564, 2743; 2001, 199; 2003, 3394; 2005, 1577, 2281; 2007, 639; 2009, 1064;
2013, 3782)—(Substituted
in revision for NRS 281.551)
ADDITIONAL REQUIREMENTS, ETHICAL STANDARDS, REMEDIES AND
PENALTIES
NRS 281A.500 Notice and acknowledgment of statutory ethical standards: Distribution
of information regarding standards; duty to file acknowledgement; contents;
form; retention; penalty for willful refusal to file.
1. On or before the date on which a public
officer swears or affirms the oath of office, the public officer must be informed
of the statutory ethical standards and the duty to file an acknowledgment of
the statutory ethical standards in accordance with this section by:
(a) For an appointed public officer, the
appointing authority of the public officer; and
(b) For an elected public officer of:
(1) The county and other political
subdivisions within the county except cities, the county clerk;
(2) The city, the city clerk;
(3) The Legislative Department of the
State Government, the Director of the Legislative Counsel Bureau; and
(4) The Executive Department of the State
Government, the Director of the Department of Administration, or his or her
designee.
2. Within 30 days after a public employee
begins employment:
(a) The Director of the Department of Administration,
or his or her designee, shall provide each new public employee of a state
agency with the information prepared by the Commission concerning the statutory
ethical standards; and
(b) The manager of each local agency, or his or
her designee, shall provide each new public employee of the local agency with
the information prepared by the Commission concerning the statutory ethical
standards.
3. Each public officer shall acknowledge
that the public officer:
(a) Has received, read and understands the statutory
ethical standards; and
(b) Has a responsibility to inform himself or
herself of any amendments to the statutory ethical standards as soon as
reasonably practicable after each session of the Legislature.
4. The acknowledgment must be executed on
a form prescribed by the Commission and must be filed with the Commission:
(a) If the public officer is elected to office at
the general election, on or before January 15 of the year following the public
officer’s election.
(b) If the public officer is elected to office at
an election other than the general election or is appointed to office, on or
before the 30th day following the date on which the public officer swears or
affirms the oath of office.
5. Except as otherwise provided in this
subsection, a public officer shall execute and file the acknowledgment once for
each term of office. If the public officer serves at the pleasure of the
appointing authority and does not have a definite term of office, the public
officer, in addition to executing and filing the acknowledgment after the
public officer swears or affirms the oath of office in accordance with
subsection 4, shall execute and file the acknowledgment on or before January 15
of each even-numbered year while the public officer holds that office.
6. For the purposes of this section, the
acknowledgment is timely filed if, on or before the last day for filing, the
acknowledgment is filed in one of the following ways:
(a) Delivered in person to the principal office
of the Commission in Carson City.
(b) Mailed to the Commission by first-class mail,
or other class of mail that is at least as expeditious, postage prepaid. Filing
by mail is complete upon timely depositing the acknowledgment with the United
States Postal Service.
(c) Dispatched to a third-party commercial
carrier for delivery to the Commission within 3 calendar days. Filing by
third-party commercial carrier is complete upon timely depositing the
acknowledgment with the third-party commercial carrier.
(d) Transmitted to the Commission by facsimile
machine or other electronic means authorized by the Commission. Filing by
facsimile machine or other electronic means is complete upon receipt of the
transmission by the Commission.
7. The form for making the acknowledgment
must contain:
(a) The address of the Internet website of the
Commission where a public officer may view the statutory ethical standards and
print a copy of the standards; and
(b) The telephone number and mailing address of
the Commission where a public officer may make a request to obtain a printed
copy of the statutory ethical standards from the Commission.
8. Whenever the Commission, or any public
officer or employee as part of the public officer’s or employee’s official
duties, provides a public officer with a printed copy of the form for making
the acknowledgment, a printed copy of the statutory ethical standards must be
included with the form.
9. The Commission shall retain each
acknowledgment filed pursuant to this section for 6 years after the date on
which the acknowledgment was filed.
10. Willful refusal to execute and file
the acknowledgment required by this section shall be deemed to be:
(a) A willful violation of this chapter for the
purposes of NRS 281A.480; and
(b) Nonfeasance in office for the purposes of NRS 283.440 and, if the public officer is
removable from office pursuant to NRS
283.440, the Commission may file a complaint in the appropriate court for
removal of the public officer pursuant to that section. This paragraph grants
an exclusive right to the Commission, and no other person may file a complaint
against the public officer pursuant to NRS
283.440 based on any violation of this section.
11. As used in this section, “general
election” has the meaning ascribed to it in NRS
293.060.
(Added to NRS by 1999, 2730; A 2001, 2289; 2003, 3020, 3396; 2003,
20th Special Session, 265; 2009, 1066;
2013, 3784)—(Substituted
in revision for NRS 281.552)
NRS 281A.510 Public officer or employee prohibited from accepting or
receiving honorarium; penalty.
1. A public officer or public employee
shall not accept or receive an honorarium.
2. An honorarium paid on behalf of a
public officer or public employee to a charitable organization from which the
officer or employee does not derive any financial benefit is deemed not to be
accepted or received by the officer or employee for the purposes of this
section.
3. This section does not prohibit:
(a) The receipt of payment for work performed
outside the normal course of a person’s public office or employment if the
performance of that work is consistent with the applicable policies of the
person’s public employer regarding supplemental employment.
(b) The receipt of an honorarium by the spouse of
a public officer or public employee if it is related to the spouse’s profession
or occupation.
4. As used in this section, “honorarium”
means the payment of money or anything of value for an appearance or speech by
the public officer or public employee in the officer’s or employee’s capacity
as a public officer or public employee. The term does not include the payment
of:
(a) The actual and necessary costs incurred by
the public officer or public employee, the officer’s or employee’s spouse or
the officer’s or employee’s aid for transportation and for lodging and meals
while the public officer or public employee is away from the officer’s or
employee’s residence.
(b) Compensation which would otherwise have been
earned by the public officer or public employee in the normal course of the
officer’s or employee’s public office or employment.
(c) A fee for a speech related to the officer’s
or employee’s profession or occupation outside of the officer’s or employee’s
public office or employment if:
(1) Other members of the profession or
occupation are ordinarily compensated for such a speech; and
(2) The fee paid to the public officer or
public employee is approximately the same as the fee that would be paid to a
member of the private sector whose qualifications are similar to those of the
officer or employee for a comparable speech.
(d) A fee for a speech delivered to an
organization of legislatures, legislators or other elected officers.
5. In addition to any other penalty
imposed pursuant to NRS 281A.480, a public officer
or public employee who violates the provisions of this section shall forfeit
the amount of the honorarium.
(Added to NRS by 1991, 1592; A 1999, 2745; 2007, 640)—(Substituted
in revision for NRS 281.553)
NRS 281A.520 Public officer or employee prohibited from requesting or
otherwise causing governmental entity to incur expense or make expenditure to
support or oppose ballot question or candidate in certain circumstances.
1. Except as otherwise provided in
subsections 4 and 5, a public officer or employee shall not request or
otherwise cause a governmental entity to incur an expense or make an
expenditure to support or oppose:
(a) A ballot question.
(b) A candidate.
2. For the purposes of paragraph (b) of
subsection 1, an expense incurred or an expenditure made by a governmental
entity shall be considered an expense incurred or an expenditure made in
support of a candidate if:
(a) The expense is incurred or the expenditure is
made for the creation or dissemination of a pamphlet, brochure, publication,
advertisement or television programming that prominently features the
activities of a current public officer of the governmental entity who is a
candidate for a state, local or federal elective office; and
(b) The pamphlet, brochure, publication,
advertisement or television programming described in paragraph (a) is created
or disseminated during the period specified in subsection 3.
3. The period during which the provisions
of subsection 2 apply to a particular governmental entity begins when a current
public officer of that governmental entity files a declaration of candidacy or
acceptance of candidacy and ends on the date of the general election, general
city election or special election for the office for which the current public
officer of the governmental entity is a candidate.
4. The provisions of this section do not
prohibit the creation or dissemination of, or the appearance of a candidate in
or on, as applicable, a pamphlet, brochure, publication, advertisement or
television programming that:
(a) Is made available to the public on a regular
basis and merely describes the functions of:
(1) The public office held by the public
officer who is the candidate; or
(2) The governmental entity by which the
public officer who is the candidate is employed; or
(b) Is created or disseminated in the course of carrying
out a duty of:
(1) The public officer who is the
candidate; or
(2) The governmental entity by which the
public officer who is the candidate is employed.
5. The provisions of this section do not
prohibit an expense or an expenditure incurred to create or disseminate a
television program that provides a forum for discussion or debate regarding a
ballot question, if persons both in support of and in opposition to the ballot
question participate in the television program.
6. As used in this section:
(a) “Governmental entity” means:
(1) The government of this State;
(2) An agency of the government of this
State;
(3) A political subdivision of this State;
and
(4) An agency of a political subdivision
of this State.
(b) “Pamphlet, brochure, publication,
advertisement or television programming” includes, without limitation, a
publication, a public service announcement and any programming on a television
station created to provide community access to cable television. The term does
not include:
(1) A press release issued to the media by
a governmental entity; or
(2) The official website of a governmental
entity.
(Added to NRS by 2003, 925; A 2009, 1067)—(Substituted
in revision for NRS 281.554)
NRS 281A.530 Purchase of goods or services by local government from member of
governing body not unlawful or unethical; conditions. Repealed.
(See chapter 551, Statutes of Nevada 2013, at page 3786.)
NRS 281A.540 Governmental grant, contract or lease and certain actions taken
in violation of chapter are voidable; prohibited contract is void; recovery of
benefit received as result of violation.
1. In addition to any other penalties
provided by law, a governmental grant, contract or lease entered into in
violation of this chapter is voidable by the State, county, city or political
subdivision. In a determination under this section of whether to void a grant,
contract or lease, the interests of innocent third parties who could be damaged
must be taken into account. The Attorney General, district attorney or city
attorney must give notice of the intent to void a grant, contract or lease
under this section no later than 30 days after the Commission has determined
that there has been a related violation of this chapter.
2. In addition to any other penalties
provided by law, a contract prohibited by NRS
281.230 which is knowingly entered into by a person designated in
subsection 1 of NRS 281.230 is void.
3. Any action taken by the State in
violation of this chapter is voidable, except that the interests of innocent
third parties in the nature of the violation must be taken into account. The
Attorney General may also pursue any other available legal or equitable
remedies.
4. In addition to any other penalties
provided by law, the Attorney General may recover any fee, compensation, gift
or benefit received by a person as a result of a violation of this chapter by a
public officer. An action to recover pursuant to this section must be brought
within 2 years after the violation or reasonable discovery of the violation.
(Added to NRS by 1991, 1593; A 2009, 1068)—(Substituted
in revision for NRS 281.557)
NRS 281A.550 Employment of certain former public officers and employees by
regulated businesses prohibited; certain former public officers and employees
prohibited from soliciting or accepting employment from certain persons
contracting with State or local government; determination by Commission.
1. A former member of the Public Utilities
Commission of Nevada shall not:
(a) Be employed by a public utility or parent
organization or subsidiary of a public utility; or
(b) Appear before the Public Utilities Commission
of Nevada to testify on behalf of a public utility or parent organization or
subsidiary of a public utility,
Ê for 1 year
after the termination of the member’s service on the Public Utilities
Commission of Nevada.
2. A former member of the State Gaming
Control Board or the Nevada Gaming Commission shall not:
(a) Appear before the State Gaming Control Board
or the Nevada Gaming Commission on behalf of a person who holds a license
issued pursuant to chapter 463 or 464 of NRS or who is required to register with
the Nevada Gaming Commission pursuant to chapter 463
of NRS; or
(b) Be employed by such a person,
Ê for 1 year
after the termination of the member’s service on the State Gaming Control Board
or the Nevada Gaming Commission.
3. In addition to the prohibitions set
forth in subsections 1 and 2, and except as otherwise provided in subsections 4
and 6, a former public officer or employee of a board, commission, department,
division or other agency of the Executive Department of State Government,
except a clerical employee, shall not solicit or accept employment from a
business or industry whose activities are governed by regulations adopted by
the board, commission, department, division or other agency for 1 year after
the termination of the former public officer’s or employee’s service or period
of employment if:
(a) The former public officer’s or employee’s
principal duties included the formulation of policy contained in the
regulations governing the business or industry;
(b) During the immediately preceding year, the
former public officer or employee directly performed activities, or controlled
or influenced an audit, decision, investigation or other action, which
significantly affected the business or industry which might, but for this
section, employ the former public officer or employee; or
(c) As a result of the former public officer’s or
employee’s governmental service or employment, the former public officer or
employee possesses knowledge of the trade secrets of a direct business
competitor.
4. The provisions of subsection 3 do not
apply to a former public officer who was a member of a board, commission or
similar body of the State if:
(a) The former public officer is engaged in the
profession, occupation or business regulated by the board, commission or
similar body;
(b) The former public officer holds a license
issued by the board, commission or similar body; and
(c) Holding a license issued by the board,
commission or similar body is a requirement for membership on the board,
commission or similar body.
5. Except as otherwise provided in subsection
6, a former public officer or employee of the State or a political subdivision,
except a clerical employee, shall not solicit or accept employment from a
person to whom a contract for supplies, materials, equipment or services was
awarded by the State or political subdivision, as applicable, for 1 year after
the termination of the officer’s or employee’s service or period of employment,
if:
(a) The amount of the contract exceeded $25,000;
(b) The contract was awarded within the 12-month
period immediately preceding the termination of the officer’s or employee’s
service or period of employment; and
(c) The position held by the former public
officer or employee at the time the contract was awarded allowed the former
public officer or employee to affect or influence the awarding of the contract.
6. A current or former public officer or
employee may request that the Commission apply the relevant facts in that
person’s case to the provisions of subsection 3 or 5, as applicable, and
determine whether relief from the strict application of those provisions is
proper. If the Commission determines that relief from the strict application of
the provisions of subsection 3 or 5, as applicable, is not contrary to:
(a) The best interests of the public;
(b) The continued ethical integrity of the State
Government or political subdivision, as applicable; and
(c) The provisions of this chapter,
Ê it may issue
an opinion to that effect and grant such relief. The opinion of the Commission
in such a case is final and subject to judicial review pursuant to NRS 233B.130, except that a proceeding
regarding this review must be held in closed court without admittance of
persons other than those necessary to the proceeding, unless this right to
confidential proceedings is waived by the current or former public officer or
employee.
7. Each request for an opinion that a
current or former public officer or employee submits to the Commission pursuant
to subsection 6, each opinion rendered by the Commission in response to such a
request and any motion, determination, evidence or record of a hearing relating
to such a request are confidential unless the current or former public officer
or employee who requested the opinion:
(a) Acts in contravention of the opinion, in
which case the Commission may disclose the request for the opinion, the
contents of the opinion and any motion, evidence or record of a hearing related
thereto;
(b) Discloses the request for the opinion, the
contents of the opinion or any motion, evidence or record of a hearing related
thereto; or
(c) Requests the Commission to disclose the
request for the opinion, the contents of the opinion, or any motion, evidence
or record of a hearing related thereto.
8. A meeting or hearing that the
Commission or an investigatory panel holds to receive information or evidence
concerning the propriety of the conduct of a current or former public officer
or employee pursuant to this section and the deliberations of the Commission
and the investigatory panel on such information or evidence are not subject to
the provisions of chapter 241 of NRS.
9. As used in this section, “regulation”
has the meaning ascribed to it in NRS
233B.038 and also includes regulations adopted by a board, commission,
department, division or other agency of the Executive Department of State
Government that is exempted from the requirements of chapter 233B of NRS.
(Added to NRS by 2009, 1044)
