Nevada Commission on Ethics
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ETHICS MANUAL |
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pursuant to NRS 281A.290.6
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Commission on Ethics NRS 281A
The Nevada Commission on Ethics is an executive-legislative commission responsible for administering and enforcing the Nevada Ethics in Government Law.
The Commission consists of 8 members: 4 appointed by the Legislative Commission. 4 appointed by the Governor.
Not more than four members may be from the same county and no more than four members may be from the same political party. No Commission member may hold another public office nor be actively involved in the work of any political party or political campaign.
Public Policy NRS 281A.020
In Nevada, a public office is a public trust held for the sole benefit of the people. Public officers and employees must commit to avoid conflicts of interest between private interests and public duties.
Public Officer NRS 281A.160
With limited exceptions, a public officer is a person elected or appointed to a position established by the Nevada Constitution, state statute, or county or city ordinance who exercises a public power, trust or duty (as defined in NRS 281A.160.1.
Public Employee NRS 281A150
A public employee is a person who performs duties under the direction and control of a public officer for compensation paid by the State, a county or a city.
Ethics in Government Law
The Nevada Ethics in Government Law is found in Chapter 281A of the Nevada Revised Statutes. It consist of six sections: |
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General Provisions |
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NRS 281A.010 - 281A.170 |
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Commission on Ethics |
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NRS 281A.200 - 281A.300 |
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Code of Ethical Standards |
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NRS 281A.400 - 281A.480 |
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Miscellaneous Provisions |
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NRS 281A.500 - 281A540 |
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Financial Disclosure Statement |
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NRS 281A.600 - 281A.660 |
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"Cooling Off" Standards |
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NRS 281.236/ NRS 281A.410.1 |
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Conflict of Interest NRS 281A.420
Disclosure & Abstention NRS 281.501 Nevada Commission on Ethics Opinion No. 97-07 Nevada Commission on Ethics Opinion No. 99-56 Nevada Commission on Ethics Opinion No. 03-34
Statutory Ethical Standards NRS 281A.400
Public officers and employees must conform their conduct to the statutory Code of Ethical Standards, that addresses:
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Gifts NRS 281A.400.1 |
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Unwarranted privileges NRS 281A.400.2 |
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Contracting with government NRS 281A.400.3, 281A.430, 281A.530, NRS 332.800 |
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Private compensation for public duties NRS 281A.400.4 |
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Private use of confidential information NRS 281A.400.5 |
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Suppressing information for pecuniary interests NRS 281.A400.6 |
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Misuse of government resources NRS 281A.400.7 & 281A.400.8 |
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Improper influence over subordinate NRS 281A.400.9 |
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Use of position for self-dealing NRS 281A.400.10 |
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Use of government publication for campaign purposes NRS 281A.520 |
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Read the statute for a full understanding. |
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Other Ethical Provisions |
| Personal interest in a public contract |
| NRS 281A.430 |
| Honorariums |
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NRS 281A.510 |
| Post-employment restrictions: |
| NRS 281A.281.410 |
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Ethics Complaints NRS 281A.440.2
Any person may file an ethics complaint. The person filing the complaint is the “requester.” The public officer or employee whose conduct is the subject of the complaint is the “subject.” The complaint must be accompanied by evidence which supports the allegation. The complaint must be submitted to the Commission in proper form. NAC 281.0184 NAC 281.186 The form is available from the Commission’s office or on its website (http://ethics.nv.gov). The subject receives a copy of the complaint and has an opportunity to respond. The complaint is confidential until after the panel proceedings.
Investigation NRS 281A.440.3
The executive director investigates the complaint and makes a recommendation to a Commission panel on whether there is just and sufficient cause for the Commission to hear the matter.
Panel Proceedings NRS 281A.440
A two-member Commission panel reviews the file and the executive director’s recommendation and makes a final determination regarding just and sufficient cause. NRS 281A.440.3 The complaint and record is open for public inspection after the panel proceedings . NRS 281A.440.6
Commission Hearing NRS 281.440.8
The six members of the Commission who did not serve on the two-member Commission panel hear the complaint. The two members who served on the panel are prohibited from participating in the Commission hearing.. The subject is entitled to be represented by legal counsel, hear and respond to the evidence presented to the Commission, and present evidence on his or her own behalf. The Commission members question witnesses. The requester may submit written questions to the executive director, who is required to determine if the submitted questions are relevant and appropriate. The Commission is not required to ask any question submitted by the requester.
The Commission may make one of the following determinations regarding each allegation:
No ethics violation.
Ethics violation: A majority of the Commission members must find, by a preponderance of the evidence, that the public officer or employee violated one or more of the ethical standards or provisions of NRS 281A. Sanctions
NRS 281A.480
The Commission may impose a civil penalty against the public officer if a majority of Commission members find by a preponderance of the evidence that the ethical violation was “willful.” The civil penalty may not exceed: $5,000 for the first willful violation. $10,000 for a second willful violation. $25,000 for a third willful violation.
FINANCIAL DISCLOSURE STATEMENTS
NRS 281A.600 - 660
Elected officials and certain appointed public officers must file financial disclosure statement annually on or before January 15. http://ethics.nv.gov/forms.
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Representation and Counseling of private person before public agency NRS 281A.410.2
Elected and appointed public officers who are permitted to represent a client for compensation before a state agency must file a Disclosure of Representation form no later than January 15 of each year. |
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Nevada Commission on Ethics |
| 3476 Executive Pointe Way, Suite 10 |
| Carson City, NV 89706 |
| Phone: 775-687-5469 • Fax: 775-687-1279 |
| E-mail: Ethics Commission |
| http://ethics.nv.gov |
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rev. 12/2007 |