Nrs: Chapter 281A - Ethics In Government

Link to law: https://www.leg.state.nv.us/NRS/NRS-281A.html
Published: 2015

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[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)