Nevada Commission on Ethics

ETHICS MANUAL

pursuant to NRS 281A.290.6

 

 

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:

General Provisions

NRS 281A.010 - 281A.170

Commission on Ethics

NRS 281A.200 - 281A.300

Code of Ethical Standards

NRS 281A.400 - 281A.480

Miscellaneous Provisions

NRS 281A.500 - 281A540

Financial Disclosure Statement

NRS 281A.600 - 281A.660
 

"Cooling Off" Standards

NRS 281.236/ NRS 281A.410.1

 

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:

 

Gifts

NRS 281A.400.1

Unwarranted privileges

NRS 281A.400.2

Contracting with government

NRS 281A.400.3, 281A.430, 281A.530, NRS 332.800

Private compensation for public duties

NRS 281A.400.4

Private use of confidential information

NRS 281A.400.5

Suppressing information for pecuniary interests

NRS 281.A400.6

Misuse of government resources

NRS 281A.400.7 & 281A.400.8

Improper influence over subordinate

NRS 281A.400.9

Use of position for self-dealing

NRS 281A.400.10

Use of government publication for campaign purposes

NRS 281A.520

 Read the statute for a full understanding.

 

Other Ethical Provisions

Personal interest in a public contract
NRS 281A.430
Honorariums

NRS 281A.510

Post-employment restrictions:
NRS 281A.281.410

 

 

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.

 

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.

 
 

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

rev. 12/2007