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;(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; or(d)
Which would reasonably be related to the nature of any representation or counseling that the public officer or employee provided to a private person for compensation before another agency within the immediately preceding year, provided such representation or counseling is permitted by NRS 281A.410,2.
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 duty of the public officer to make a proper disclosure at the time the matter is considered and in the manner required by subsection 1.(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 makes a proper disclosure at the time the matter is considered and 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.
Source:
Section 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., https://www.leg.state.nv.us/NRS/NRS-281A.html#NRS281ASec420.