Nevada Public Officers and Employees

Sec. § 282.340
Civil liability on bond of officer or employee: Action for recovery of loss; lien; judgment; execution.


1.

If any public officer or employee defaults, misappropriates or otherwise is responsible for loss of funds committed to the officer’s or employee’s care, the officer or employee is civilly liable for the amount thereof in an action to be prosecuted by:

(a)

The district attorney in cases of county and township officers and employees.

(b)

The city attorney in cases of city officers and employees.

(c)

The Attorney General in cases of state officers and irrigation district officers and employees.

2.

The State, county, city or irrigation district, as the case may be, has a lien on all real or personal property, not exempt from execution, of any such officer or employee against whom such an action is brought for default, misappropriation, or other violation of the conditions of the officer’s or employee’s surety bond given under the provisions of chapter 193, Statutes of Nevada 1937, as amended, and such lien becomes effective upon the execution of such surety bonds by state, county, township, city and irrigation district officers and employees, and takes precedence over any other unrecorded lien or encumbrance.

3.

Upon judgment being entered in favor of the State, county, incorporated city or irrigation district, all property owned, either legally or equitably, by the State, county, township, city or irrigation district officer or employee violating any condition of such bond, not exempt from execution, or so much thereof as may be necessary to cover the amount of the judgment entered, may be sold, as in cases of execution, and the proceeds applied to payment of the judgment rendered to cover the shortage. If there is an insufficiency of such property, or the judgment or any part of it remains unsatisfied, then a deficiency judgment may be entered by the court.
Source

Last accessed
Feb. 5, 2021