Nevada Public Officers and Employees

Sec. § 281A.500
Notice and acknowledgment of statutory ethical standards: Distribution of information regarding standards; duty to file acknowledgment; 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.

If a public officer is serving in a public office and executes and files the acknowledgment for that office as required by the applicable provisions of this section, the public officer shall be deemed to have satisfied the requirements of this section for any other office held concurrently by him or her.

8.

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.

9.

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.

10.

The Commission shall retain each acknowledgment filed pursuant to this section for 6 years after the date on which the acknowledgment was filed.

11.

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.785 and 281A.790; 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.

12.

As used in this section, “general election” has the meaning ascribed to it in NRS 293.060.
Source

Last accessed
Feb. 5, 2021