NRS 281A.182
Persons serving in certain positions designated as public officers or employees
- applicability.
1.
Any person who serves in one of the following positions is designated as a public officer solely and exclusively 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.
The provisions of subsection 1 apply 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.3.
A person who is not otherwise a public officer is designated as a public officer solely and exclusively for the purposes of this chapter if the person:(a)
Enters into a contract with any state or local agency;(b)
Is paid compensation with public money; and(c)
Serves in a position which involves the exercise of a public power, trust or duty and which ordinarily would be held or filled by a public officer.4.
A person who is not otherwise a public employee is designated as a public employee solely and exclusively for the purposes of this chapter if:(a)
The person enters into a contract with any state or local agency;(b)
The person is paid compensation with public money;(c)
The person serves in a position which involves the performance of public duties under the substantial and continuing direction and control of a public officer or supervisory public employee;(d)
The position ordinarily would be held or filled by a public employee and would require the public employee to hold a valid professional or occupational license or similar type of authorization issued by a state or local agency to perform the public duties of the position, other than a general business license or similar type of authorization;(e)
The position is entrusted with public duties of a substantial and continuing nature which ordinarily would require a public employee to avoid conflicts between the private interests of the public employee and those of the general public whom the public employee serves; and(f)
The person occupies the position on a full-time basis or its equivalent for a substantial and continuing period of time.5.
The provisions of subsections 3 and 4 must be interpreted and applied to ensure that a person does not evade the provisions of this chapter because a state or local agency elects to use a contractual relationship instead of an employment relationship for a position which ordinarily would be held or filled by a public officer or employee.6.
If, pursuant to this section, any person is designated as a public officer or employee for the purposes of this chapter, that designation:(a)
Does not make the person a public officer or employee for the purposes of any other law or for any other purposes; and(b)
Must not be used, interpreted or applied in any manner to establish, suggest or prove that the person is a public officer or employee for the purposes of any other law or for any other purposes.
Source:
Section 281A.182 — Persons serving in certain positions designated as public officers or employees; applicability., https://www.leg.state.nv.us/NRS/NRS-281A.html#NRS281ASec182.