[Rev. 11/21/2013 10:36:06 AM--2013]

TITLE 23 - PUBLIC OFFICERS AND EMPLOYEES

CHAPTER 281 - GENERAL PROVISIONS

DEFINITIONS

NRS 281.005           “Public officer” and “special use vehicle” defined.

CLASSIFICATION AND COMMISSIONS OF OFFICERS

NRS 281.010           Elected and appointed officers. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

NRS 281.010           Elected and appointed officers. [Effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

NRS 281.020           State officers to receive commissions from Governor.

NRS 281.030           Official oath: Endorsement on commission or certificate of election. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

NRS 281.030           Official oath: Endorsement on commission or certificate of election. [Effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

DISQUALIFICATIONS FOR OFFICE OR EMPLOYMENT

NRS 281.040           Eligibility for office of honor, profit or trust.

NRS 281.050           Residence for purposes of eligibility for office is actual residence; determination of residence; vacancy in office upon certain changes in residence.

NRS 281.055           Prohibition against filing for or holding more than one elective office at same time; exceptions.

NRS 281.057           Change of political party: Disqualification for appointment to certain boards and commissions.

NRS 281.060           Preferential employment by State and political subdivisions; employment of aliens; penalty.

DEPUTIES AND SUBORDINATES

NRS 281.080           Deputy to take official oath.

NRS 281.090           Deputies and clerks to perform work for state boards and commissions without compensation.

HOURS OF EMPLOYMENT

NRS 281.100           Hours of service of employees of State and political subdivisions; exceptions; penalty.

NRS 281.110           State offices to maintain minimum 40-hour workweeks; variable schedules for workweek; posting of days and hours of operation.

COMPENSATION OF OFFICERS AND EMPLOYEES

NRS 281.120           Semimonthly paydays for state officers and employees; exceptions.

NRS 281.1205         Payment of salary and wages of state officers and employees by direct deposit; waiver.

NRS 281.121           Compensation for employees required to wear uniforms.

NRS 281.123           Limitation on maximum salary payable to persons employed by State.

NRS 281.1233         Procedure for state agency to obtain exception to limitation on salary.

NRS 281.125           Restrictions upon payment of salary of appointive officer or employee when salary determined by law.

NRS 281.127           State officers and employees paid one salary for all services rendered; exceptions.

NRS 281.1275         Reduction in salary of certain public officers and employees for part-day absence from work prohibited; accounting for part-day absence; exception.

NRS 281.129           Deductions from payroll for state officers and employees; regulations.

NRS 281.130           Salaries and fees of public officers and employees subject to attachment, garnishment and execution; fraudulent assignment void; restriction on running of statute of limitations.

NRS 281.140           State officers may sell evidence of public indebtedness issued for services rendered.

NRS 281.145           Leave of absence for military duty.

NRS 281.147           Leave of absence for duty as American National Red Cross disaster technician.

NRS 281.149           Leave of absence for duty as emergency communications technician.

NRS 281.150           Payment of stipends for educational leave.

NRS 281.153           Program for police officers and firefighters with temporary disabilities: Election of salary in lieu of compensation for injury or disease; notice to insurer of election to receive salary; accrual of benefits.

NRS 281.155           Payment of compensation due to deceased employee of State or political subdivision.

NRS 281.157           Commission to Review Compensation: Definition. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

NRS 281.157           Commission to Review Compensation: Definition. [Effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

NRS 281.1571         Commission to Review Compensation: Creation; composition. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

NRS 281.1571         Commission to Review Compensation: Creation; composition. [Effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

NRS 281.1572         Commission to Review Compensation: Notification of appointment; terms; removal; vacancy.

NRS 281.1573         Commission to Review Compensation: Salary; meetings; administrative support.

NRS 281.1574         Commission to Review Compensation: Quorum; vote required to approve recommendations regarding compensation.

NRS 281.1575         Commission to Review Compensation: Duties. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

NRS 281.1575         Commission to Review Compensation: Duties. [Effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

TRAVEL AND SUBSISTENCE FOR STATE OFFICERS AND EMPLOYEES

NRS 281.160           Persons entitled to payment for expenses; rate of allowance for travel; use of private or special use vehicles; reimbursement of weekend travel expenses; regulations.

NRS 281.165           District judge to submit claims for travel and subsistence to Court Administrator.

NRS 281.167           Payment of subsistence and expenses of travel and moving on transfer or hiring of state employee; repayment on voluntary termination of employment; regulations; claims.

NRS 281.169           Payment of travel and per diem expenses of applicant for employment; claims.

ADVANCES OF MONEY TO STATE OFFICERS AND EMPLOYEES FOR PER DIEM AND TRAVEL EXPENSES

NRS 281.172           Application; approval by administrative head or State Controller; payment upon approval.

NRS 281.173           Advance constitutes lien on accrued wages of officer or employee.

NRS 281.174           Payment for amount in excess of advance.

NRS 281.1745         Cash advance when reimbursement may be delayed.

NRS 281.175           Rules and regulations of State Controller.

RECORDS

NRS 281.180           Record of official acts of person taking acknowledgments; liability and penalty.

NRS 281.190           Unlawful withholding or destruction of records; penalties.

USE OF COMPUTERS

NRS 281.195           Access by state agency to computers assigned or loaned to officers, employees and contractors: Requirements; exceptions; reports of inappropriate use; adoption of policies and procedures for responding to such reports.

MISCELLANEOUS PROVISIONS AND PROHIBITIONS

NRS 281.210           Officers of State, political subdivision and Nevada System of Higher Education prohibited from employing relatives; exceptions; penalties.

NRS 281.221           Contracts in which state officer has interest prohibited; exceptions; penalties. [Effective through December 31, 2013.]

NRS 281.221           Contracts in which state officer has interest prohibited; exceptions; penalties. [Effective January 1, 2014.]

NRS 281.230           Unlawful commissions, personal profit and compensation of public officers and employees; penalties; payment of commission, profit or compensation to public employer. [Effective through December 31, 2013.]

NRS 281.230           Unlawful commissions, personal profit and compensation of public officers and employees; penalties; payment of commission, profit or compensation to public employer. [Effective January 1, 2014.]

NRS 281.240           Grant of authority to discharge duties of public office unlawful; giving consideration for grant unlawful; penalties.

NRS 281.250           Administration of oaths and affirmations by officers.

NRS 281.260           Fees for returns prohibited; computation of mileage; penalty.

NRS 281.270           Officer to prevent duel: Penalty.

NRS 281.280           Officer refusing to receive or arrest person charged with criminal offense: Penalties.

NRS 281.290           Officer executing process may command assistance when resistance made.

NRS 281.310           Audits and allowances of accounts of state officers: Affidavits; oaths and affirmations.

NRS 281.320           Withholding of settlement and payment of accounts of public officers.

NRS 281.330           Advocating overthrow of government cause for dismissal of public employee.

NRS 281.340           Obtaining appointment by false letter or certificate: Penalty.

NRS 281.350           Grafting by public officer or employee: Penalty.

NRS 281.360           Failure by public officer or employee to perform duty: Penalty.

NRS 281.370           Actions concerning personnel to be based on merit and fitness; discrimination prohibited.

NRS 281.375           Application for employment: Volunteer work must be considered.

NRS 281.380           Public officers and employees required to accept reproductions of business records for examination and other purposes.

NRS 281.390           Sick leave of public employees: Election of benefits; amount limited when eligible for benefits for industrial or occupational disease.

NRS 281.400           Coercion respecting membership in organizations for persons who are aged, blind or disabled prohibited.

NRS 281.405           Validity of lien against public officer or employee.

STATEMENT OF FINANCIAL DISCLOSURE

NRS 281.558           “Candidate” defined.

NRS 281.559           Electronic filing by certain appointed public officers; exceptions; date on which statement deemed filed; access through secure website; regulations.

NRS 281.561           Electronic filing by certain candidates for public office and certain elected public officers; exceptions; date on which statement deemed filed; access through secure website; regulations.

NRS 281.571           Contents; regulations.

NRS 281.572           Affidavit for exemption from requirement of electronic filing; nonelectronic filing of statement.

NRS 281.573           Retention by Secretary of State.

NRS 281.574           Certain public officers required to submit electronically to Secretary of State list of public officers required to file statement and candidates for public office.

NRS 281.581           Civil penalty for failure to disclose: Procedure; amount; waiver.

DISCLOSURE OF IMPROPER GOVERNMENTAL ACTION

NRS 281.611           Definitions.

NRS 281.621           Declaration of public policy.

NRS 281.631           State or local governmental officer or employee prohibited from using authority or influence to prevent disclosure of improper governmental action by another state or local governmental officer or employee.

NRS 281.635           Local government authorized to enact ordinance providing greater protection to local governmental officers and employees against reprisal and retaliation.

NRS 281.641           Reprisal or retaliatory action against state officer or employee who discloses improper governmental action: Written appeal; hearing; order; negative ruling may not be based on identity of persons to whom disclosure was made; rules of procedure.

NRS 281.645           Reprisal or retaliatory action against local governmental officer or employee who discloses improper governmental action: Procedures for hearing appeals established by ordinance; contents of ordinance.

NRS 281.651           Use of provisions for harassment prohibited; disciplinary procedures authorized for disclosure of untruthful information.

NRS 281.661           Summary of provisions to be prepared and made available to state and local governmental officers and employees each year.

NRS 281.671           Effect of provisions upon criminal law.

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DEFINITIONS

      NRS 281.005  “Public officer” and “special use vehicle” defined.  As used in this chapter:

      1.  “Public officer” means a person elected or appointed to a position which:

      (a) Is established by the Constitution or a statute of this State, or by a charter or ordinance of a political subdivision of this State; and

      (b) Involves the continuous exercise, as part of the regular and permanent administration of the government, of a public power, trust or duty.

      2.  “Special use vehicle” means any vehicle designed or used for the transportation of persons or property off paved highways.

      (Added to NRS by 1967, 1471; A 1971, 593; 1977, 1109)

CLASSIFICATION AND COMMISSIONS OF OFFICERS

      NRS 281.010  Elected and appointed officers. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

      1.  The following officers must be elected:

      (a) A Governor.

      (b) A Lieutenant Governor.

      (c) Two United States Senators.

      (d) The number of members of the House of Representatives of the United States to which this State may be entitled.

      (e) The number of presidential electors to which this State may be entitled.

      (f) Justices of the Supreme Court.

      (g) District judges.

      (h) Senators and members of the Assembly.

      (i) A Secretary of State.

      (j) A State Treasurer.

      (k) A State Controller.

      (l) An Attorney General.

      (m) Other officers whose elections are provided for by law.

      (n) For each county, and the equivalent officers for Carson City:

             (1) One county clerk, who is ex officio clerk of the board of county commissioners and clerk of the district court of the county.

             (2) One sheriff.

             (3) One district attorney.

             (4) One public administrator, except where otherwise provided by law.

             (5) One county assessor, except where otherwise provided by law.

             (6) One county treasurer, except where otherwise provided by law.

             (7) The number of county commissioners as provided by law.

             (8) One county recorder, who is ex officio county auditor of the county if a county comptroller has not been appointed in the county.

             (9) Justices of the peace.

             (10) Constables, except where otherwise provided by law.

      2.  All officers who are not elected must be appointed.

      [1:108:1866; B § 2599; BH § 1636; C § 1782; RL § 2765; NCL § 4765]—(NRS A 1957, 109, 655; 1967, 455; 1969, 7, 328, 1110, 1466, 1524, 1545; 1973, 318, 1479; 1979, 533; 1981, 1955; 1985, 702, 1215; 1997, 1531; 2001, 657)

      NRS 281.010  Elected and appointed officers. [Effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

      1.  The following officers must be elected:

      (a) A Governor.

      (b) A Lieutenant Governor.

      (c) Two United States Senators.

      (d) The number of members of the House of Representatives of the United States to which this State may be entitled.

      (e) The number of presidential electors to which this State may be entitled.

      (f) Five justices of the Supreme Court.

      (g) Judges of the Court of Appeals other than the initial three judges.

      (h) District judges.

      (i) Senators and members of the Assembly.

      (j) A Secretary of State.

      (k) A State Treasurer.

      (l) A State Controller.

      (m) An Attorney General.

      (n) Other officers whose elections are provided for by law.

      (o) For each county, and the equivalent officers for Carson City:

             (1) One county clerk, who is ex officio clerk of the board of county commissioners and clerk of the district court of the county.

             (2) One sheriff.

             (3) One district attorney.

             (4) One public administrator, except where otherwise provided by law.

             (5) One county assessor, except where otherwise provided by law.

             (6) One county treasurer, except where otherwise provided by law.

             (7) The number of county commissioners as provided by law.

             (8) One county recorder, who is ex officio county auditor in counties in which a county comptroller has not been appointed.

             (9) Justices of the peace.

             (10) Constables, except where otherwise provided by law.

      2.  All officers who are not elected must be appointed.

      [1:108:1866; B § 2599; BH § 1636; C § 1782; RL § 2765; NCL § 4765]—(NRS A 1957, 109, 655; 1967, 455; 1969, 7, 328, 1110, 1466, 1524, 1545; 1973, 318, 1479; 1979, 533; 1981, 1955; 1985, 702, 1215; 1997, 1531; 2001, 657, 658; 2013, 1770, effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election)

      NRS 281.020  State officers to receive commissions from Governor.

      1.  All state officers shall receive their commissions from the Governor.

      2.  All commissions of officers shall be in the name and by the authority of the State of Nevada, and shall be sealed with the great seal of the State, signed by the Governor, and countersigned by the Secretary of State.

      [29:108:1866; B § 2627; BH § 1664; C § 1810; RL § 2793; NCL § 4793] + [Part 30:108:1866; B § 2628; BH § 1665; C § 1811; RL § 2794; NCL § 4794]

      NRS 281.030  Official oath: Endorsement on commission or certificate of election. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

      1.  The official oath, except in the cases specified in NRS 218A.220, 223.030 and 224.030, shall be endorsed on the commission or certificate of election of the officer and signed by the officer, and shall be certified by the officer before whom the oath or affirmation shall have been taken.

      2.  Every officer, whose oath of office is required to be endorsed on the officer’s commission or certificate of election, shall take and subscribe to the oath at the time of the reception of the commission or certificate.

      3.  The oath shall be taken, and, except in the cases prescribed in NRS 218A.220, 223.030 and 224.030, may be subscribed before any justice of the Supreme Court or clerk thereof, any judge of the district court or clerk thereof, a county clerk, notary public, or justice of the peace, unless otherwise directed by law.

      [23:108:1866; B § 2621; BH § 1658; C § 1804; RL § 2787; NCL § 4787] + [26:108:1866; B § 2624; BH § 1661; C § 1807; RL § 2790; NCL § 4790] + [27:108:1866; B § 2625; BH § 1662; C § 1808; RL § 2791; NCL § 4791]

      NRS 281.030  Official oath: Endorsement on commission or certificate of election. [Effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

      1.  The official oath, except in the cases specified in NRS 218A.220, 223.030 and 224.030, shall be endorsed on the commission or certificate of election of the officer and signed by the officer, and shall be certified by the officer before whom the oath or affirmation shall have been taken.

      2.  Every officer, whose oath of office is required to be endorsed on the officer’s commission or certificate of election, shall take and subscribe to the oath at the time of the reception of the commission or certificate.

      3.  The oath shall be taken, and, except in the cases prescribed in NRS 218A.220, 223.030 and 224.030, may be subscribed before any justice of the Supreme Court or clerk thereof, any judge of the Court of Appeals, any judge of the district court or clerk thereof, a county clerk, notary public, or justice of the peace, unless otherwise directed by law.

      [23:108:1866; B § 2621; BH § 1658; C § 1804; RL § 2787; NCL § 4787] + [26:108:1866; B § 2624; BH § 1661; C § 1807; RL § 2790; NCL § 4790] + [27:108:1866; B § 2625; BH § 1662; C § 1808; RL § 2791; NCL § 4791]—(NRS A 2013, 1771, effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election)

DISQUALIFICATIONS FOR OFFICE OR EMPLOYMENT

      NRS 281.040  Eligibility for office of honor, profit or trust.  No person who is not a qualified elector shall be eligible to any office of honor, profit or trust in and under the government and laws of this State.

      [Part 2:108:1866; A 1953, 711; 1955, 459]

      NRS 281.050  Residence for purposes of eligibility for office is actual residence; determination of residence; vacancy in office upon certain changes in residence.

      1.  The residence of a person with reference to eligibility to office is the person’s actual residence within the State or county or district, as the case may be, during all the period for which residence is claimed by the person. If any person absents himself or herself from the jurisdiction of that person’s residence with the intention in good faith to return without delay and continue such residence, the period of absence must not be considered in determining the question of residence.

      2.  If a person who has filed as a candidate for elective office moves the person’s residence out of the State, county, district, ward, subdistrict or any other unit prescribed by law for which the person is a candidate and in which the person is required actually, as opposed to constructively, to reside, a vacancy is created thereby and the appropriate action for filling the vacancy must be taken. A person shall be deemed to have moved the person’s residence for the purposes of this section if:

      (a) The person has acted affirmatively to remove himself or herself from one place; and

      (b) The person has an intention to remain in another place.

      3.  The district court has jurisdiction to determine the question of residence in an action for declaratory judgment.

      4.  As used in this section, “actual residence” means the place where a person is legally domiciled and maintains a permanent habitation. If the person maintains more than one such habitation, the place the person declares to be the person’s principal permanent habitation when filing a declaration or affidavit pursuant to NRS 293.177 or 293C.185 shall be deemed to be the person’s actual residence.

      [Part 1:158:1911; RL § 3609; NCL § 6405]—(NRS A 1971, 433; 1975, 616; 1999, 2170)

      NRS 281.055  Prohibition against filing for or holding more than one elective office at same time; exceptions.

      1.  Except as otherwise provided in subsection 2, no person may:

      (a) File nomination papers for more than one elective office at any election.

      (b) Hold more than one elective office at the same time.

      2.  The provisions of subsection 1 shall not be construed to prevent any person from filing nomination papers for or holding an elective office of any special district (other than a school district), such as an irrigation district, a local or general improvement district, a soil conservation district or a fire protection district, and at the same time filing nomination papers for or holding an elective office of the State, or any political subdivision or municipal corporation thereof.

      (Added to NRS by 1961, 299; A 1965, 169)

      NRS 281.057  Change of political party: Disqualification for appointment to certain boards and commissions.  When the law creating any appointive state board or commission requires that political party affiliation be balanced among the members, no person may be appointed to any such board or commission who has changed party registration within the immediately preceding 2-year period.

      (Added to NRS by 1971, 50)

      NRS 281.060  Preferential employment by State and political subdivisions; employment of aliens; penalty.

      1.  Only citizens or wards of the United States or persons who have been honorably discharged from the military service of the United States may be employed by any officer of the State of Nevada, by any political subdivision of the State, or by any person acting under or for such an officer in any office or department of the State of Nevada or political subdivision of the State.

      2.  In all cases where persons are so employed, preference must be given, if the qualifications of the applicants are equal:

      (a) First: To honorably discharged military personnel of the United States who are citizens of the State of Nevada.

      (b) Second: To other citizens of the State of Nevada.

      3.  Nothing in this section prevents:

      (a) The working of prisoners by the State of Nevada or by any political subdivision of the State, on street or road work or other public work.

      (b) The employment of aliens, who have not forfeited their right to citizenship by claiming exemption from military service, as common laborers in the construction of public roads, when it can be shown that citizens or wards of the United States or persons who have been honorably discharged from the military service of the United States are not available for such employment. Any alien so employed must be replaced by a citizen, ward or ex-service person of the United States applying for employment.

      (c) The employment of any teacher, instructor or professor authorized to teach in the United States under the teacher-exchange programs as authorized by federal laws enacted by the Congress of the United States.

      (d) Except as otherwise provided in this paragraph, the employment of aliens by the Nevada System of Higher Education in the technical, graduate assistant and student categories. Except in the foreign language departments, not more than 5 percent of the total number of persons employed in the technical, graduate assistant and student categories may be aliens.

      (e) Employment of aliens in any state or political subdivision hospital.

      4.  Subject to the exceptions contained in this section, money must not be paid out of the State Treasury or out of the treasury of any political subdivision of the State to any person employed on any of the work mentioned in this section unless the person is a citizen or ward or naturalized citizen of the United States.

      5.  Any officer of the State of Nevada, or of any political subdivision of the State, or any person acting under or for such an officer, or any other person who violates any of the provisions of this section is guilty of a misdemeanor. The penalties provided for in this section do not apply where the violations result from misrepresentations made by the employee by the production of fraudulent papers evidencing citizenship in the United States.

      [Part 1:168:1919; A 1921, 205; 1929, 89; NCL § 6173] + [3:168:1919; 1919 RL p. 2965; NCL § 6175] + [Part 4:168:1919; A 1921, 205; NCL § 6176]—(NRS A 1963, 289; 1967, 547; 1969, 400, 879, 1425; 1973, 222; 1993, 372)

DEPUTIES AND SUBORDINATES

      NRS 281.080  Deputy to take official oath.  When any officer is authorized or required by law to appoint a deputy, the deputy, before proceeding to act, shall take the same oath as the principal of the deputy.

      [28:108:1866; B § 2626; BH § 1663; C § 1809; RL § 2792; NCL § 4792]

      NRS 281.090  Deputies and clerks to perform work for state boards and commissions without compensation.  Whenever any deputy or clerk in any state office is appointed as clerk or secretary of any state board or commission by the board, commission or the Legislature, the person shall serve as such clerk or secretary without compensation unless compensation is specifically fixed by law.

      [5:32:1881; BH § 2298; C § 2096; RL § 4392; NCL § 7551]—(NRS A 1969, 32)

HOURS OF EMPLOYMENT

      NRS 281.100  Hours of service of employees of State and political subdivisions; exceptions; penalty.

      1.  Except as otherwise provided in this section and NRS 284.180, the services and employment of all persons who are employed by the State of Nevada, or by any county, city, town, township or other political subdivision thereof, are limited to not more than 8 hours in any 1 calendar day and not more than 40 hours in any 1 week.

      2.  The period of daily employment mentioned in this section commences from the time the employee takes charge of any equipment of the employer or acts as an assistant or helper to a person who is in charge of any equipment of the employer, or enters upon or into any conveyance of or operated by or for the employer at any camp or living quarters provided by the employer for the transportation of employees to the place of work.

      3.  This section does not apply to:

      (a) Officials of the State of Nevada or of any county, city, town, township or other political subdivision thereof, or employees of the State whose employment is governed by NRS 284.148.

      (b) Employees of the State of Nevada or of any county, city, town, township or other political subdivision thereof who:

             (1) Are engaged as employees of a fire department, or to nurses in training or working in hospitals, or to police, deputy sheriffs or jailers;

             (2) Chose and are approved for a variable workday or variable 80-hour work schedules within a biweekly pay period;

             (3) Work more than 8 hours but not more than 10 hours in any 1 workday or 40 hours in any 1 workweek;

             (4) Are executive, administrative, professional or supervisory employees; or

             (5) Are covered by a collective bargaining agreement which establishes hours of service.

      (c) Employees of the Legislative Counsel Bureau.

      (d) Work done directly by any public utility company pursuant to an order of the Public Utilities Commission of Nevada or other public authority.

      4.  Any employee whose hours are limited by subsection 1 may be permitted, or in case of emergency where life or property is in imminent danger may be required, at the discretion of the officer responsible for the employment of the employee, but subject to any agreement made pursuant to NRS 284.181, to work more than the number of hours limited. If so permitted or required, the employee is entitled to receive, at the discretion of the responsible officer:

      (a) Compensatory vacation time; or

      (b) Overtime pay.

      5.  Any officer or agent of the State of Nevada, or of any county, city, town, township, or other political subdivision thereof, whose duty it is to employ, direct or control the services of an employee covered by this section, who violates any of the provisions of this section as to the hours of employment of labor as provided in this section, is guilty of a misdemeanor.

      [Part 1:203:1919; A 1935, 37; 1931 NCL § 6170] + [Part 3:203:1919; 1919 RL p. 2966; NCL § 6172]—(NRS A 1965, 117; 1967, 547; 1971, 154; 1975, 241; 1977, 667; 1987, 711; 1993, 2089; 1997, 1985)

      NRS 281.110  State offices to maintain minimum 40-hour workweeks; variable schedules for workweek; posting of days and hours of operation.

      1.  The offices of all state officers, departments, boards, commissions and agencies must maintain not less than a 40-hour workweek.

      2.  Variable workweek scheduling may be required in those agencies where coverage is needed on Saturdays, Sundays and legal holidays or on other days or during other hours, as necessary.

      3.  The offices of all state officers, departments, boards, commissions and agencies must physically post the days and hours of operation at the office. If the days or hours of operation for the office change, the new days and hours of operation must be:

      (a) Posted physically at the office;

      (b) Posted on the website of the office, if any; or

      (c) Otherwise noticed publicly,

Ê at least 30 days before the change becomes effective.

      [1:294:1949; 1943 NCL § 6957.01]—(NRS A 1971, 589; 1973, 79; 2003, 1435; 2011, 323)

COMPENSATION OF OFFICERS AND EMPLOYEES

      NRS 281.120  Semimonthly paydays for state officers and employees; exceptions.

      1.  Except as otherwise provided in this section, all state officers and regular and temporary employees of this State are entitled to receive salaries as fixed by law in two equal semimonthly payments. The first semimonthly payment for each month must be for the first half of that particular month, and the second semimonthly payment must be for the last half of the month.

      2.  All payrolls must be submitted by individual agencies immediately after the 15th and last day of each month for approval by the Division of Human Resource Management of the Department of Administration, and payment as approved by the State Controller must be made not later than 10 calendar days following the end of each semimonthly pay period.

      3.  A state agency or department may be permitted to pay salaries, within the limits fixed by law, at regular 2-week intervals, when it is established to the satisfaction of the Governor that this method of payment will expedite and assist the work of the agency or department without inconvenience to other agencies or departments.

      [1:179:1941; A 1949, 406; 1951, 77]—(NRS A 1965, 53; 1981, 1683; 1983, 618; 2013, 2727)

      NRS 281.1205  Payment of salary and wages of state officers and employees by direct deposit; waiver.  The agency or governmental entity having jurisdiction over the payment of a state officer or employee to whom the provisions of NRS 227.205 apply shall ensure that the state officer or employee takes one of the following actions within 30 days after the date on which the state officer or employee is hired, appointed or elected, as applicable:

      1.  Furnish to the Division of Human Resource Management of the Department of Administration such information as may be required to pay the salary and wages of the state officer or employee by direct deposit; or

      2.  Apply to the State Controller for a waiver as described in subsection 3 of NRS 227.205.

      (Added to NRS by 2013, 2726)

      NRS 281.121  Compensation for employees required to wear uniforms.  On or after July 1, 1985:

      1.  An employee of the State of Nevada who is required to purchase and wear a uniform while performing the employee’s duties is entitled to receive from the employer of the employee each quarter an allowance which is equal to one-fourth of the cost of the uniform the employee is required to wear, including the cost of any required accessories such as a flashlight, gun or whistle. The employer shall determine the cost of the required uniform and accessories at the beginning of each quarter and determine the allowance accordingly.

      2.  In addition to the quarterly allowance, a person who:

      (a) Is hired by the State of Nevada for a position; or

      (b) Assumes a position which is new to that person,

Ê for which the person is required to purchase and wear a uniform is entitled to an initial reimbursement for the cost of one uniform and any required accessories.

      3.  An employer must obtain the prior approval of the Budget Division of the Department of Administration before designating a uniform to be worn by an employee pursuant to subsection 1.

      (Added to NRS by 1983, 1044)

      NRS 281.123  Limitation on maximum salary payable to persons employed by State.

      1.  Except as otherwise provided in subsection 3 or NRS 281.1233, or as authorized by statute referring specifically to that position, the salary of a person employed by the State or any agency of the State must not exceed 95 percent of the salary for the office of Governor during the same period.

      2.  As used in subsection 1, the term “salary”:

      (a) Includes any:

             (1) Payment received by an employee for being available to work although the employee was not actually required to perform the work;

             (2) Increase in salary provided to compensate for a rise in the cost of living;

             (3) Payment received under a plan established to encourage continuity of service; and

             (4) Payment received as compensation for purportedly performing additional duties.

      (b) Excludes any:

             (1) Payment received as compensation for overtime even if that payment is otherwise authorized by law; and

             (2) Rent or utilities supplied to an employee if the employee is required by statute or regulation to live in a particular dwelling.

      3.  The provisions of subsection 1 do not apply to the salaries of:

      (a) Dentists and physicians employed full-time by the State; or

      (b) Officers and employees of the Nevada System of Higher Education.

      (Added to NRS by 1975, 1846; A 1977, 1041, 1325; 1979, 1320; 1981, 1159, 1639, 2018; 1985, 39; 1993, 373)

      NRS 281.1233  Procedure for state agency to obtain exception to limitation on salary.

      1.  The Interim Finance Committee may approve applications from agencies of the State for exceptions to limitations on salaries which are expressed as percentages of salaries paid to another person or authorized for another position.

      2.  The chief officer of a state agency may submit applications for exceptions for any person or position within the agency to the Governor who shall review and transmit them with the Governor’s recommendation to the Interim Finance Committee.

      3.  The Interim Finance Committee may approve an exception under this section if it finds that:

      (a) If the application is for a particular officer or employee, the person has exhibited exceptional qualifications or ability; or

      (b) If the application is for a position, the position requires unusual skill, ability, knowledge or some other quality, and that under statutory salary limitations there is no qualified person seeking to fill the position.

      4.  The Interim Finance Committee shall return an application for a state officer, employee or position to the chief officer of the agency with its approval or disapproval and, if it has approved the exception, make an allocation from the Contingency Account in the State General Fund, unless the exception is to begin on or after July 1 of an odd-numbered year and provision has been made in the agency budget for the increase in salary.

      (Added to NRS by 1977, 1040; A 1979, 965)

      NRS 281.125  Restrictions upon payment of salary of appointive officer or employee when salary determined by law.  In cases where the salary of an appointive officer or employee is determined by law, such salary must not be paid unless a specific legislative appropriation of money or a specific legislative authorization for the expenditure of money is made or enacted for the department or agency.

      (Added to NRS by 1957, 350; A 1981, 1521; 1999, 1813)

      NRS 281.127  State officers and employees paid one salary for all services rendered; exceptions.

      1.  Unless otherwise provided by law, no public officer or employee whose salary is set by law, whether or not the officer or employee serves the State in more than one capacity, may be paid more than one salary for all services rendered to the State.

      2.  The provisions of subsection 1 do not apply to any public officer or employee for salaries:

      (a) For any ex officio duties the officer or employee may be required by law to perform.

      (b) For teaching during off-duty hours in an educational program sponsored by a governmental authority if the officer or employee is not regularly employed in such program by that governmental authority.

      (Added to NRS by 1959, 197; A 1979, 58)

      NRS 281.1275  Reduction in salary of certain public officers and employees for part-day absence from work prohibited; accounting for part-day absence; exception.

      1.  Except as permitted by the federal Family and Medical Leave Act of 1993, the salary of a public officer or employee of the State or any agency thereof, or of a political subdivision or any agency thereof, who is not entitled pursuant to federal or state law, local ordinance, or policy or contract of employment to earn overtime at the rate of time and one-half, must not be reduced for an absence from work for part of a day.

      2.  The provisions of this section do not apply to an officer or employee of the Legislative Branch of Government, except an officer or employee of the legislative library.

      (Added to NRS by 1991, 1150; A 1993, 2090)

      NRS 281.129  Deductions from payroll for state officers and employees; regulations.

      1.  Any officer of the State, except the Legislative Fiscal Officer, who disburses money in payment of salaries and wages of officers and employees of the State:

      (a) May, upon written requests of the officer or employee specifying amounts, withhold those amounts and pay them to:

             (1) Charitable organizations;

             (2) Employee credit unions;

             (3) Except as otherwise provided in paragraph (b), insurers;

             (4) The United States for the purchase of savings bonds and similar obligations of the United States; and

             (5) Employee organizations and labor organizations.

      (b) Shall, upon receipt of information from the Public Employees’ Benefits Program specifying amounts of premiums or contributions for coverage by the Program, withhold those amounts from the salaries or wages of officers and employees who participate in the Program and pay those amounts to the Program.

      2.  The State Controller may adopt regulations necessary to withhold money from the salaries or wages of officers and employees of the Executive Department.

      (Added to NRS by 1981, 655; A 1991, 658; 1999, 3020; 2003, 3258)

      NRS 281.130  Salaries and fees of public officers and employees subject to attachment, garnishment and execution; fraudulent assignment void; restriction on running of statute of limitations.

      1.  The fees and salaries of all persons holding office or positions of profit under the government of the State of Nevada, or under any county, township, city, town or school district within the State, shall be subject to attachment and execution for all debts and liabilities created or incurred by such officials or other persons. All assignments, sales or transfers of such fees and salaries, previous to becoming due, unless made in good faith and not to defraud creditors, shall be void as against all such debts and liabilities.

      2.  In case of the garnishment or attachment of any auditor, treasurer or disbursing officer, under the provisions of this section, such officer so garnished or holding the funds or property attached may pay the sum named, or deliver the property named in the garnishment or attachment, into the court issuing the same, taking the receipt of the court therefor, which shall be a full release of the disbursing officer from the garnishment or attachment.

      3.  The statute of limitations shall not run against any indebtedness of such officer or person, existing at the time the officer or person entered upon the duties of such office or position, during the time such office or position shall be held.

      [1:15:1883; A 1889, 118; C § 1882, RL § 2864; NCL § 4878] + [2:15:1883; BH § 2423; C § 1883; RL § 2865; NCL § 4879] + [3:15:1883; BH § 2424; C § 1884; RL § 2866; NCL § 4880]

      NRS 281.140  State officers may sell evidence of public indebtedness issued for services rendered.  All state officers shall have the right to sell or transfer any evidence of public indebtedness which may be issued according to law, for services rendered by them to the State, and legally and justly due.

      [Part 99:108:1866; B § 2697; BH § 1734; C § 1880; RL § 2846; NCL § 4846]

      NRS 281.145  Leave of absence for military duty.

      1.  Except as otherwise provided in subsection 2, any public officer or employee of the State or any agency thereof, or of a political subdivision or an agency of a political subdivision, who is an active member of the United States Army Reserve, the United States Naval Reserve, the United States Marine Corps Reserve, the United States Coast Guard Reserve, the United States Air Force Reserve or the Nevada National Guard must be relieved from the officer’s or employee’s duties, upon the officer’s or employee’s request, to serve under orders without loss of the officer’s or employee’s regular compensation for a period of not more than 15 working days in any 1 calendar year. No such absence may be a part of the employee’s annual vacation provided for by law.

      2.  Any public officer or employee of the State or any agency thereof whose work schedule includes Saturday or Sunday and who is an active member of the United States Army Reserve, the United States Naval Reserve, the United States Marine Corps Reserve, the United States Coast Guard Reserve, the United States Air Force Reserve or the Nevada National Guard must be relieved from the officer’s or employee’s duties, upon the officer’s or employee’s request, to serve under orders without loss of the officer’s or employee’s regular compensation for a period of not more than 39 working days in any 1 calendar year. No such absence may be a part of the employee’s annual vacation provided for by law.

      (Added to NRS by 1981, 527; A 2013, 1458)

      NRS 281.147  Leave of absence for duty as American National Red Cross disaster technician.  Any public officer or employee of the State or any agency thereof, or of a political subdivision or an agency of a political subdivision, who is classified by the American National Red Cross as a disaster technician must be relieved from the officer’s or employee’s duties, upon the request of the American National Red Cross and the approval of the employer of the officer or employee, to assist the American National Red Cross during an emergency or disaster described in NRS 414.020 which occurs in this state or California, Oregon, Idaho, Utah or Arizona, without loss of the officer’s or employee’s regular compensation for a period of not more than 15 working days in any calendar year. No such absence may be a part of the annual vacation of the public officer or employee which is provided for by law.

      (Added to NRS by 1995, 187; A 1999, 1255)

      NRS 281.149  Leave of absence for duty as emergency communications technician.

      1.  Any public officer or employee of the State or any agency thereof, or of a political subdivision or an agency of a political subdivision, who is an emergency communications technician must be relieved from the officer’s or employee’s duties, upon the request of the Division of Emergency Management of the Department of Public Safety or a local organization for emergency management and the approval of the employer of the officer or employee, to assist the division or local organization for emergency management during a disaster or emergency that occurs in this state, California, Oregon, Idaho, Utah or Arizona, without loss of the officer’s or employee’s regular compensation for a period of not more than 15 working days in any calendar year. No such absence may be a part of the annual vacation of the public officer or employee which is provided for by law.

      2.  As used in this section:

      (a) “Disaster” has the meaning ascribed to it in NRS 414.0335.

      (b) “Emergency” has the meaning ascribed to it in NRS 414.0345.

      (c) “Emergency communications technician” means a person who is:

             (1) Licensed by the Federal Communications Commission as an amateur radio operator; and

             (2) A member of:

                   (I) The Radio Amateur Civil Emergency Service or a successor organization sponsored by the agency of the Federal Government for emergency management; or

                   (II) The Amateur Radio Emergency Service or a successor organization sponsored by the American Radio Relay League or its successor.

      (d) “Local organization for emergency management” has the meaning ascribed to it in NRS 414.036.

      (Added to NRS by 2001 Special Session, 63)

      NRS 281.150  Payment of stipends for educational leave.

      1.  Pursuant to the provisions of NRS 284.343, any department, board, commission or agency of this State may authorize the expenditure of public money or expend public money for the payment of educational leave stipends to any officer or employee of this State.

      2.  Notwithstanding the provisions of NRS 284.343, the Division of Welfare and Supportive Services of the Department of Health and Human Services may, where part of the cost of educational leave stipends may be paid from funds made available by the Federal Government or another source to assist in increasing the effectiveness and efficiency of administration of public welfare programs by increasing the number of adequately trained personnel available for work in public welfare programs, grant educational leave stipends. No person may be granted educational leave stipends under the provisions of this subsection until the person has entered into a contract with the Division of Welfare and Supportive Services whereby the person agrees to pursue only courses required for social work degrees and to return to the employ of the Division on the basis of 1 year for each 9 months’ educational leave taken or to refund the amount of such stipends. Performance of the employment contract may be waived by the Administrator of the Division of Welfare and Supportive Services in cases of extreme hardship or other valid excuse.

      3.  The provisions of NRS 284.343 do not apply to employees of the Rehabilitation Division of the Department of Employment, Training and Rehabilitation where the educational expenses are paid from money made available by the Federal Government or another source to assist the recipient to remain current in techniques and procedures relating to the recipient’s employment. No person may be granted assistance under this subsection without the prior approval of the Director of the Department of Employment, Training and Rehabilitation as to educational subject matter.

      [1:152:1953] + [2:152:1953]—(NRS A 1960, 156; 1963, 898; 1965, 397; 1971, 570, 1324; 1973, 1406; 1993, 1549; 1997, 2337)

      NRS 281.153  Program for police officers and firefighters with temporary disabilities: Election of salary in lieu of compensation for injury or disease; notice to insurer of election to receive salary; accrual of benefits.

      1.  The employer of a police officer or firefighter may establish a program that allows a police officer or firefighter whom it employs who has suffered a catastrophe resulting in temporary total disability to elect to continue to receive the police officer’s or firefighter’s normal salary for a period of not more than 1 year in lieu of receiving the compensation for the industrial injury or occupational disease for which the police officer or firefighter is eligible pursuant to chapters 616A to 616D, inclusive, or 617 of NRS, unless the police officer or firefighter has made an election pursuant to NRS 281.390.

      2.  A program established pursuant to subsection 1:

      (a) Must prescribe the conditions pursuant to which a police officer or firefighter is eligible to receive the police officer’s or firefighter’s normal salary in accordance with an election pursuant to subsection 1; and

      (b) May allow a police officer or firefighter to return to light-duty employment or employment modified according to the police officer’s or firefighter’s physical restrictions or limitations and receive the police officer’s or firefighter’s normal salary during the period of an election pursuant to subsection 1.

      3.  Unless the employer is self-insured or a member of an association of self-insured public or private employers, the employer shall notify the insurer that provides industrial insurance for that employer of the election by a police officer or firefighter pursuant to subsection 1. When the police officer or firefighter is no longer eligible to receive the police officer’s or firefighter’s normal salary pursuant to such an election, the employer shall notify the insurer so that the insurer may begin paying to the police officer or firefighter the benefits, if any, for industrial insurance for which the police officer or firefighter is eligible. If the employer is self-insured or a member of an association of self-insured public or private employers and the police officer or firefighter is no longer eligible to receive the police officer’s or firefighter’s normal salary in accordance with an election pursuant to subsection 1, the employer shall begin paying the benefits, if any, for industrial insurance to which the police officer or firefighter is entitled.

      4.  During the period in which the police officer or firefighter elects to receive the police officer’s or firefighter’s normal salary pursuant to subsection 1, the police officer or firefighter accrues sick leave, annual leave and retirement benefits at the same rate at which the police officer or firefighter accrued such leave and benefits immediately before the election.

      5.  As used in this section:

      (a) “Catastrophe” means an illness or accident arising out of or in the course of employment which is life threatening or which will require a period of convalescence that an attending physician expects to exceed 30 days and because of which the employee is unable to perform the duties of the employee’s position.

      (b) “Police officer” has the meaning ascribed to it in NRS 617.135.

      (Added to NRS by 1997, 2220; A 2005, 321)

      NRS 281.155  Payment of compensation due to deceased employee of State or political subdivision.

      1.  If the employee has filed a written designation of beneficiary, the final payment of compensation due a deceased employee of the State, or of any county, city, town, township, district or any other political subdivision of the State, is not the employee’s property or that of the employee’s estate but must be released to the designated beneficiary upon the written request of the beneficiary.

      2.  If the deceased employee has not filed such a designation with the employing public entity of the employee, the final payment is a part of the employee’s personal estate.

      3.  As used in this section, “final payment” means the net amount due the employee after the deduction of all lawfully withheld sums from the employee’s gross compensation.

      (Added to NRS by 1975, 1153; A 1981, 562)

      NRS 281.157  Commission to Review Compensation: Definition. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]  As used in NRS 281.157 to 281.1575, inclusive, unless the context otherwise requires, “Commission” means the Commission to Review the Compensation of Constitutional Officers, Legislators, Supreme Court Justices, District Judges and Elected County Officers which is created pursuant to NRS 281.1571.

      (Added to NRS by 1993, 2633)

      NRS 281.157  Commission to Review Compensation: Definition. [Effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]  As used in NRS 281.157 to 281.1575, inclusive, unless the context otherwise requires, “Commission” means the Commission to Review the Compensation of Constitutional Officers, Legislators, Supreme Court Justices, Judges of the Court of Appeals, District Judges and Elected County Officers which is created pursuant to NRS 281.1571.

      (Added to NRS by 1993, 2633; A 2013, 1771, effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election)

      NRS 281.1571  Commission to Review Compensation: Creation; composition. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

      1.  There is hereby created a Commission to Review the Compensation of Constitutional Officers, Legislators, Supreme Court Justices, District Judges and Elected County Officers, consisting of nine members.

      2.  The members must be appointed by the following persons:

      (a) One member by the Speaker of the Assembly.

      (b) One member by the Majority Leader of the Senate.

      (c) One member by the Minority Leader of the Assembly.

      (d) One member by the Minority Leader of the Senate.

      (e) Two members by the Chief Justice of the Supreme Court.

      (f) Three members by the Governor.

      3.  The Commission shall elect a Chair and such other officers as it deems necessary from among its members.

      4.  A current officer or employee of the State or any of its political subdivisions must not be appointed as a member of the Commission.

      5.  The members appointed by the Governor must be selected in the following manner:

      (a) Two members, one from each congressional district, who do not belong to the same political party.

      (b) One member from a list of three nominees submitted by the Nevada Association of Counties.

      (Added to NRS by 1993, 2634)

      NRS 281.1571  Commission to Review Compensation: Creation; composition. [Effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

      1.  There is hereby created a Commission to Review the Compensation of Constitutional Officers, Legislators, Supreme Court Justices, Judges of the Court of Appeals, District Judges and Elected County Officers, consisting of nine members.

      2.  The members must be appointed by the following persons:

      (a) One member by the Speaker of the Assembly.

      (b) One member by the Majority Leader of the Senate.

      (c) One member by the Minority Leader of the Assembly.

      (d) One member by the Minority Leader of the Senate.

      (e) Two members by the Chief Justice of the Supreme Court.

      (f) Three members by the Governor.

      3.  The Commission shall elect a Chair and such other officers as it deems necessary from among its members.

      4.  A current officer or employee of the State or any of its political subdivisions must not be appointed as a member of the Commission.

      5.  The members appointed by the Governor must be selected in the following manner:

      (a) Two members, one from each congressional district, who do not belong to the same political party.

      (b) One member from a list of three nominees submitted by the Nevada Association of Counties.

      (Added to NRS by 1993, 2634; A 2013, 1771, effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election)

      NRS 281.1572  Commission to Review Compensation: Notification of appointment; terms; removal; vacancy.

      1.  Members of the Commission must be appointed on or before January 15 of each even-numbered year. The Director of the Legislative Counsel Bureau must be notified of the appointment of each member.

      2.  The term of each member of the Commission expires at the end of the next regular session of the Legislature following the appointment. Members are eligible for reappointment.

      3.  A member of the Commission may be removed by the Governor before the expiration of the member’s term for misconduct in office, incompetence or neglect of duty.

      4.  If a vacancy occurs in the membership of the Commission, the Governor shall appoint a person to fill the vacancy for the remainder of the unexpired term.

      (Added to NRS by 1993, 2634)

      NRS 281.1573  Commission to Review Compensation: Salary; meetings; administrative support.

      1.  Each member of the Commission is entitled to receive $80 for each day that the member attends a regularly called meeting of the Commission.

      2.  The first meeting of the Commission must be held on or before June 15 of the year in which the members are appointed. Thereafter, the Chair shall call meetings of the Commission as often as the Chair deems necessary.

      3.  The Director of the Legislative Counsel Bureau shall provide the Commission with administrative support.

      (Added to NRS by 1993, 2634)

      NRS 281.1574  Commission to Review Compensation: Quorum; vote required to approve recommendations regarding compensation.  A majority of the members of the Commission constitutes a quorum to transact business. The affirmative vote of five members is required to approve the recommendations of the Commission regarding compensation.

      (Added to NRS by 1993, 2634)

      NRS 281.1575  Commission to Review Compensation: Duties. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

      1.  The Commission shall:

      (a) Review the compensation paid to constitutional officers, Supreme Court justices, district judges and elected county officers.

      (b) Review the compensation paid to the members of the Legislature during and between legislative sessions.

      (c) Hold public hearings to discuss the issues and receive public comment.

      (d) If it determines that changes in legislation are required, request the assistance of the Legislative Counsel in the preparation of a bill draft on or before November 15 of each even-numbered year. Upon completion of the bill draft, the Legislative Counsel shall deliver the bill draft to the appropriate standing committee of the Assembly or Senate within the first week of the next regular legislative session for introduction.

      2.  In reviewing the issues of compensation required by subsection 1, the Commission shall:

      (a) Compare the current salaries of persons with similar qualifications who are employed by the State of Nevada and in the public sector;

      (b) Determine the minimum salary required to attract and retain experienced and competent persons; and

      (c) Consider the average number of days that Legislators serve during their term, the amount of work required of Legislators when the Legislature is not in regular session, and the opportunities they have to earn additional income from outside sources.

      3.  The Commission may recommend that any increase in the compensation of a county officer apply retroactively if not prohibited by law.

      (Added to NRS by 1993, 2634)

      NRS 281.1575  Commission to Review Compensation: Duties. [Effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

      1.  The Commission shall:

      (a) Review the compensation paid to constitutional officers, Supreme Court justices, judges of the Court of Appeals, district judges and elected county officers.

      (b) Review the compensation paid to the members of the Legislature during and between legislative sessions.

      (c) Hold public hearings to discuss the issues and receive public comment.

      (d) If it determines that changes in legislation are required, request the assistance of the Legislative Counsel in the preparation of a bill draft on or before November 15 of each even-numbered year. Upon completion of the bill draft, the Legislative Counsel shall deliver the bill draft to the appropriate standing committee of the Assembly or Senate within the first week of the next regular legislative session for introduction.

      2.  In reviewing the issues of compensation required by subsection 1, the Commission shall:

      (a) Compare the current salaries of persons with similar qualifications who are employed by the State of Nevada and in the public sector;

      (b) Determine the minimum salary required to attract and retain experienced and competent persons; and

      (c) Consider the average number of days that Legislators serve during their term, the amount of work required of Legislators when the Legislature is not in regular session, and the opportunities they have to earn additional income from outside sources.

      3.  The Commission may recommend that any increase in the compensation of a county officer apply retroactively if not prohibited by law.

      (Added to NRS by 1993, 2634; A 2013, 1772, effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election)

TRAVEL AND SUBSISTENCE FOR STATE OFFICERS AND EMPLOYEES

      NRS 281.160  Persons entitled to payment for expenses; rate of allowance for travel; use of private or special use vehicles; reimbursement of weekend travel expenses; regulations.

      1.  Except as otherwise provided in subsection 2, 5 or 6, or by specific statute, if a district judge, state officer, state employee or member of an advisory board supported in whole or in part by any public money, whether the public money is received from the Federal Government or any branch or agency thereof, or from private or any other sources, transacts public business outside of the municipality or other area in which the person’s principal office is located, the judge, officer, employee or member, as applicable, is entitled to receive the person’s expenses in the transaction of that public business, to be paid at a rate established by the State Board of Examiners, for each 24-hour period during which the person is:

      (a) Away from the office and within the State; or

      (b) Outside of the State.

      2.  Any person enumerated in subsection 1 is entitled to receive expenses for a period of less than 24 hours in accordance with regulations of the State Board of Examiners.

      3.  Any person enumerated in subsection 1 is entitled to receive an allowance for transportation in the transaction of public business, whether within or outside of the municipality or other area in which the person’s principal office is located. Transportation must be by the most economical means, considering total cost, time spent in transit and the availability of state-owned automobiles and special use vehicles. The State Board of Examiners shall establish the rate of the allowance for travel by private conveyance. The rate must equal the standard mileage reimbursement rate for which a deduction is allowed for the purposes of federal income tax that is in effect at the time the rate is established. If a private conveyance is used for reasons of personal convenience in transaction of state business, the allowance for travel is one-half the established rate.

      4.  The State Board of Examiners may establish a transportation allowance for the use of private, special use vehicles on public business by any person enumerated in subsection 1, whether within or outside of the municipality or other area in which the person’s principal office is located. The allowance must be established at rates higher than the rates established in subsection 3.

      5.  The State Board of Examiners may establish:

      (a) A room rate in excess of the normal allowance for reimbursement of employees who are required to travel on weekends to serve the needs of the public. The Board may require the submission of receipts as a condition of reimbursement at the special rate.

      (b) Reasonable rates for expenses outside of the United States that will allow a person to purchase the same quality of food as the domestic rate allows.

      6.  The State Board of Examiners shall adopt regulations, and shall require other state agencies to adopt regulations, in accordance with the purpose of this section, and a state agency may, with the approval of the State Board of Examiners, adopt a rate of reimbursement less than the amounts established pursuant to subsection 1 where unusual circumstances make that rate desirable.

      7.  The rate established by the State Board of Examiners pursuant to subsection 1 must be the same as the comparable rate established for employees of the Federal Government by the Administrator of General Services pursuant to 5 U.S.C. § 5707, but is not subject to any federal requirement, restriction or other condition that is applicable to that comparable rate.

      [1:17:1928; A 1953, 376; 1955, 381]—(NRS A 1959, 860; 1960, 297; 1961, 279; 1963, 143, 478, 1281; 1965, 289; 1967, 453; 1971, 593; 1973, 187, 369; 1975, 255; 1977, 793; 1979, 697; 1981, 1749; 1985, 390; 1987, 768; 1989, 1513; 1993, 2503; 1995, 894; 1997, 1231; 2001 Special Session, 263, 264; 2007, 592)

      NRS 281.165  District judge to submit claims for travel and subsistence to Court Administrator.  All claims of district judges for travel expenses and subsistence allowances must be submitted to the Court Administrator in accordance with NRS 1.365.

      (Added to NRS by 1961, 401; A 1965, 53; 1989, 328)

      NRS 281.167  Payment of subsistence and expenses of travel and moving on transfer or hiring of state employee; repayment on voluntary termination of employment; regulations; claims.

      1.  A state agency, board or commission may pay for the travel, subsistence and expenses of moving household furnishings and appliances of an employee and the employee’s family if:

      (a) The agency, board or commission transfers, for the convenience of the State, an employee with permanent status from one location to another for permanent assignment;

      (b) The agency, board or commission accepts an employee who, for the convenience of the State, changes employment from another agency, board or commission; or

      (c) The employee:

             (1) Was hired for a permanent position, whether classified or unclassified, for which there is a critical need and which cannot otherwise be filled; and

             (2) Moved from a location which was at least 50 miles from the employee’s new location.

      2.  If an employee who has been reimbursed pursuant to paragraph (c) of subsection 1 voluntarily terminates the employment of the employee within 1 year after beginning work, the employee must repay to the State the amount of the reimbursement. The agency, board or commission may withhold from the employee’s regular pay or final payment received upon the termination of the employment of the employee, the amount of the repayment required by this subsection.

      3.  Maximum allowances for weight, travel and subsistence for the employee and the employee’s family must be determined by regulations of the State Board of Examiners.

      4.  All requests for payment pursuant to this section must be submitted to the State Board of Examiners before obligations are incurred. Upon approval by the State Board of Examiners, claims must be submitted for payment in the same manner as other claims against the state from money available to the agency, board or commission.

      (Added to NRS by 1971, 509; A 1987, 402)

      NRS 281.169  Payment of travel and per diem expenses of applicant for employment; claims.

      1.  Except as otherwise provided in subsection 3, a state agency, board or commission may pay for the travel and per diem expenses of the three most highly rated applicants for a permanent position with that agency, board or commission incurred while those applicants are being interviewed for that position.

      2.  If such an applicant must travel from another state to be interviewed, the expenses must be paid at the rate established by the State Board of Examiners for state employees traveling outside the State. If such an applicant must travel from within the State to be interviewed, the expenses must be paid at the rate established by the State Board of Examiners for state employees traveling within the State.

      3.  If the position is offered to one of the applicants and that applicant does not accept it, the agency, board or commission may not pay for that applicant’s expenses.

      4.  All requests for payment pursuant to this section must be submitted to the State Board of Examiners before obligations are incurred. Upon approval by the State Board of Examiners, claims must be submitted for payment in the same manner as other claims against the State from money available to the agency, board or commission.

      (Added to NRS by 1987, 402)

ADVANCES OF MONEY TO STATE OFFICERS AND EMPLOYEES FOR PER DIEM AND TRAVEL EXPENSES

      NRS 281.172  Application; approval by administrative head or State Controller; payment upon approval.

      1.  Any state officer or employee may apply for advance money for authorized per diem and travel expenses arising out of the officer’s or employee’s official duties or employment in the amounts established by the State Board of Examiners pursuant to NRS 281.160 by filing a request with the administrative head of the state office, department or agency by which the officer or employee is employed.

      2.  If the administrative head or the designee of the administrative head approves the request, the administrative head or designee shall process a voucher for a cash advance for travel in the approved amount in the same manner as other claims against the State are processed.

      3.  Unless otherwise approved by the Budget Division of the Department of Administration before the travel occurs, all cash advances for travel issued by the administrative head or designee must be charged to the budget account to which money was appropriated or authorized for expenditure for the travel.

      4.  If the administrative head or designee cannot process a cash advance for travel because of a temporary budget restriction, the administrative head or designee may forward a copy of the request and approval to the State Controller.

      5.  Upon receiving a copy of the request and approval from the administrative head or designee, the State Controller may issue a check or warrant for the cash advance for travel.

      (Added to NRS by 1959, 304; A 1960, 299; 1975, 167; 1979, 104; 1989, 311; 1997, 1288; 2007, 593, 920)

      NRS 281.173  Advance constitutes lien on accrued wages of officer or employee.  A cash advance for travel, when approved by the administrative head or the designee of the administrative head or the State Controller, constitutes a lien in favor of the State of Nevada upon the accrued wages of the requesting officer or employee in an amount equal to the sum advanced, but the administrative head or designee or the State Controller may, in the discretion of the administrative head or designee or the State Controller, advance more than the amount of the accrued wages of the officer or employee.

      (Added to NRS by 1959, 304; A 1997, 1289; 2007, 920)

      NRS 281.174  Payment for amount in excess of advance.  Upon the return of the officer or employee, the officer or employee is entitled to receive any authorized expenses in excess of the amount advanced.

      (Added to NRS by 1959, 304; A 1983, 387, 1090; 1985, 62; 1989, 311; 1991, 1758; 1997, 1289; 2007, 920)

      NRS 281.1745  Cash advance when reimbursement may be delayed.  When an officer or employee uses a charge card issued at the request of the State for cash advances or travel expenses, or both, and the receipt of the travel reimbursement may be delayed more than 5 working days after the date of the initial submission of the travel reimbursement claim, the administrative head or the designee of the administrative head shall immediately issue to the officer or employee, for payment to the issuer of the charge card issued at the request of the State, a cash advance as described in NRS 281.172 in the amount of the total travel expenses charged on the charge card.

      (Added to NRS by 1997, 1288; A 2007, 920)

      NRS 281.175  Rules and regulations of State Controller.  The State Controller may make reasonable rules and regulations to carry out the provisions of NRS 281.172 to 281.175, inclusive.

      (Added to NRS by 1959, 304; A 1997, 1289; 2007, 921)

RECORDS

      NRS 281.180  Record of official acts of person taking acknowledgments; liability and penalty.

      1.  Each person authorized by law to take the proof or acknowledgment of the execution of conveyances of real property, or other instrument required by law to be proved or acknowledged, shall keep a record of all of the person’s official acts in relation thereto in a book to be provided by the person for that purpose. There shall be entered in the book:

      (a) The date of the proof or acknowledgment thereof.

      (b) The date of the instrument.

      (c) The name or character of the instrument proved or acknowledged.

      (d) The names of each of the parties thereto, as grantor, grantee or otherwise.

Ê During business hours, the record shall be open to public inspection without fee or reward.

      2.  Any person mentioned in subsection 1 who refuses or neglects to comply with the requirements of this section shall:

      (a) Be punished by a fine of not more than $500; and

      (b) Be liable on the person’s official bond in damages to any person injured by such refusal or neglect to the extent of the injury sustained by reason of the refusal or neglect mentioned in this subsection.

      [1:32:1869; B § 315; BH § 2662; C § 2730; RL § 1098; NCL § 1559] + [2:32:1869; B § 316; BH § 2663; C § 2731; RL § 1099; NCL § 1560]—(NRS A 1967, 548)

      NRS 281.190  Unlawful withholding or destruction of records; penalties.

      1.  If an officer whose office is abolished by law, or who, after the expiration of the term for which the officer is appointed or elected, or after the officer has resigned, or when legally removed from office, willfully or unlawfully withholds or detains from the officer’s successor, or other person entitled thereto by law, the records, papers, documents or other writings pertaining or belonging to the officer’s office, or mutilates, destroys or takes away any such writing, the person so offending is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      2.  The provisions of this section apply to any person who has possession of the records, documents, papers or other writings and willfully mutilates, withholds or detains them.

      [63:108:1866; B § 2661; BH § 1698; C § 1844; RL § 2819; NCL § 4819]—(NRS A 1979, 1464; 1995, 1264)

USE OF COMPUTERS

      NRS 281.195  Access by state agency to computers assigned or loaned to officers, employees and contractors: Requirements; exceptions; reports of inappropriate use; adoption of policies and procedures for responding to such reports.

      1.  Except as otherwise provided in subsection 3, a state agency that accesses or causes to be accessed a computer of the state agency that has been assigned or loaned by the state agency to an officer, employee or contractor for the officer’s, employee’s or contractor’s exclusive or routine use in carrying out the duties of the officer’s, employee’s or contractor’s position shall notify the officer, employee or contractor of such access.

      2.  The notice of access required pursuant to subsection 1 must be provided in a uniform and understandable format. The notice may be provided before or after such access occurs, but not more than 48 hours before or 48 hours after such access occurs.

      3.  The head of a state agency, any state officer to whom the head of the state agency reports or the appointee or designee of either may authorize the access of a computer of the state agency without providing the notice of access otherwise required by subsections 1 and 2:

      (a) If the access occurs during the course of:

             (1) An internal investigation which is conducted within the state agency by the personnel of the state agency as authorized by law and any information concerning such access is kept in a file maintained by the state agency pertaining to the investigation; or

             (2) An investigation which is conducted by a state or federal law enforcement agency.

      (b) Except as otherwise provided in subsection 5, if the access occurs in the course of regular or routine maintenance conducted by an employee of the state agency whose duties include the regular or routine maintenance of the computers of the state agency and the state agency has adopted by regulation and implemented the procedure set forth in subsection 4.

      (c) If a state agency has adopted by regulation the procedure set forth in subsection 4 and the access occurs after recording the information required pursuant to subsection 4.

      4.  A state agency may adopt by regulation a procedure to record access to computers of the state agency in a log maintained by the state agency for that purpose. If a state agency adopts such a procedure, the procedure must include, without limitation, a requirement for the recording of the following information concerning the access in the log:

      (a) The date on which the access will occur and, if known, the time at which the access will occur on that date;

      (b) As determined by the officer, appointee or designee who authorizes the access, a reasonable explanation of the exigent circumstances or other relevant considerations which justify accessing the computer without the knowledge of the officer, employee or contractor to whom the agency has assigned or loaned the computer;

      (c) The name of each person who will be authorized or required to perform the access;

      (d) The name of each person who will be allowed to examine information stored on the computer or retrieved from the computer; and

      (e) The name of each person who will be authorized or required to archive, maintain, store, transfer, transmit or destroy information retrieved from the computer.

Ê The log described in this subsection, and any entries in that log, are confidential and not public books or records within the meaning of NRS 239.010, but must be disclosed upon the lawful order of a court of competent jurisdiction.

      5.  If an employee discovers evidence of inappropriate use while accessing a computer to perform regular or routine maintenance:

      (a) The employee shall provide the details of the alleged inappropriate use to the officer, appointee or designee who authorized the access, and to any other appropriate personnel of the state agency; and

      (b) Information concerning the access must be recorded in the log maintained by the state agency.

      6.  Each state agency that has adopted a policy for the use of the computers of the state agency shall adopt policies and procedures for responding to reports of the inappropriate use of those computers, including, without limitation, provisions relating to the transfer, transmission and destruction of information.

      7.  As used in this section:

      (a) “Access” includes, without limitation, adding, copying, deleting, manipulating or observing the files or other information stored on a computer, whether such actions are carried out directly or remotely.

      (b) “Inappropriate use” means the use of a computer of a state agency in a manner that:

             (1) If the state agency is an agency of the Executive Branch of State Government, violates the written policy created by the agency pursuant to NRS 242.300.

             (2) If the state agency is an agency of the Legislative or Judicial Branch of State Government, violates the policy, if any, established by that agency for the use of the computers of the agency.

             (3) Violates any state or federal law.

      (c) “State agency” means an agency, bureau, board, commission, department, division or any other unit of the Executive, Legislative or Judicial Branches of State Government.

      (Added to NRS by 2005, 671)

MISCELLANEOUS PROVISIONS AND PROHIBITIONS

      NRS 281.210  Officers of State, political subdivision and Nevada System of Higher Education prohibited from employing relatives; exceptions; penalties.

      1.  Except as otherwise provided in this section, it is unlawful for any person acting as a school trustee, state, township, municipal or county officer, or as an employing authority of the Nevada System of Higher Education, any school district or of the State, any town, city or county, or for any state or local board, agency or commission, elected or appointed, to employ in any capacity on behalf of the State of Nevada, or any county, township, municipality or school district thereof, or the Nevada System of Higher Education, any relative of such a person or of any member of such a board, agency or commission who is within the third degree of consanguinity or affinity.

      2.  This section does not apply:

      (a) To school districts, when the teacher or other school employee is not related to more than one of the trustees or person who is an employing authority by consanguinity or affinity and receives a unanimous vote of all members of the board of trustees and approval by the Department of Education.

      (b) To school districts, when the teacher or other school employee has been employed by an abolished school district or educational district, which constitutes a part of the employing county school district, and the county school district for 4 years or more before April 1, 1957.

      (c) To the spouse of the warden of an institution or manager of a facility of the Department of Corrections.

      (d) To relatives of officers and employees who are blind of the Bureau of Services to Persons Who Are Blind or Visually Impaired of the Rehabilitation Division of the Department of Employment, Training and Rehabilitation when those relatives are employed as automobile drivers for those officers and employees.

      3.  Nothing in this section:

      (a) Prevents any officer in this State, employed under a flat salary, from employing any suitable person to assist in any such employment, when the payment for the service is met out of the personal money of the officer.

      (b) Disqualifies any widow with a dependent as an employee of any officer or board in this State, or any of its counties, townships, municipalities or school districts.

      4.  A person employed contrary to the provisions of this section must not be compensated for the employment.

      5.  Any person violating any provisions of this section is guilty of a gross misdemeanor.

      [1:75:1925; A 1927, 43; 1935, 172; 1951, 22] + [2:75:1925; NCL § 4852] + [3:75:1925; NCL § 4853]—(NRS A 1957, 704; 1960, 369; 1963, 1178; 1967, 549; 1969, 227; 1973, 563, 1406; 1975, 554; 1977, 870; 1989, 1958; 1993, 374, 1550; 1995, 579; 1997, 1171; 1999, 174; 2001 Special Session, 234, 235; 2003, 289, 306, 1131, 1132)

      NRS 281.221  Contracts in which state officer has interest prohibited; exceptions; penalties. [Effective through December 31, 2013.]

      1.  Except as otherwise provided in this section, it is unlawful for any state officer who is not a member of the Legislature to:

      (a) Become a contractor under any contract or order for supplies or other kind of contract authorized by or for the State or any of its departments, or the Legislature or either of its houses, or to be interested, directly or indirectly, as principal, in any kind of contract so authorized.

      (b) Be interested in any contract made by the officer or to be a purchaser or interested in any purchase under a sale made by the officer in the discharge of the officer’s official duties.

      2.  Any member of any board, commission or similar body who is engaged in the profession, occupation or business regulated by the board, commission or body may supply or contract to supply, in the ordinary course of the member’s business, goods, materials or services to any state or local agency, except the board or commission of which he or she is a member, if the member has not taken part in developing the contract plans or specifications and the member will not be personally involved in opening, considering or accepting offers.

      3.  A full- or part-time faculty member in the Nevada System of Higher Education may bid on or enter into a contract with a governmental agency, or may benefit financially or otherwise from a contract between a governmental agency and a private entity, if the contract complies with the policies established by the Board of Regents of the University of Nevada pursuant to NRS 396.255.

      4.  A state officer, other than an officer described in subsection 2 or 3, may bid on or enter into a contract with a governmental agency if the contracting process is controlled by rules of open competitive bidding, the sources of supply are limited, the officer has not taken part in developing the contract plans or specifications and the officer will not be personally involved in opening, considering or accepting offers.

      5.  Any contract made in violation of this section may be declared void at the instance of the State or of any other person interested in the contract except an officer prohibited from making or being interested in the contract.

      6.  Any person violating this section is guilty of a gross misdemeanor and shall forfeit his or her office.

      (Added to NRS by 1977, 1109; A 1993, 2241; 1995, 689; 2001, 1627)

      NRS 281.221  Contracts in which state officer has interest prohibited; exceptions; penalties. [Effective January 1, 2014.]

      1.  Except as otherwise provided in this section and NRS 281A.430, it is unlawful for a state officer, who is not a member of the Legislature subject to the restrictions set forth in NRS 218A.970, to:

      (a) Become a contractor under any contract or order for supplies or other kind of contract authorized by or for the State or any of its departments, or the Legislature or either of its houses, or to be interested, directly or indirectly, as principal, in any kind of contract so authorized.

      (b) Be interested in any contract made by the officer or to be a purchaser or interested in any purchase under a sale made by the officer in the discharge of the officer’s official duties.

      2.  A member of any board, commission or similar body who is engaged in the profession, occupation or business regulated by the board, commission or body may supply or contract to supply, in the ordinary course of his or her business, goods, materials or services to any state or local agency, except the board, commission or body of which he or she is a member, if the member has not taken part in developing the contract plans or specifications and the member will not be personally involved in opening, considering or accepting offers.

      3.  A full- or part-time faculty member in the Nevada System of Higher Education may bid on or enter into a contract with a governmental agency, or may benefit financially or otherwise from a contract between a governmental agency and a private entity, if the contract complies with the policies established by the Board of Regents of the University of Nevada pursuant to NRS 396.255.

      4.  A state officer, other than an officer described in subsection 2 or 3, may bid on or enter into a contract with a governmental agency if the contracting process is controlled by rules of open competitive bidding, the sources of supply are limited, the officer has not taken part in developing the contract plans or specifications and the officer will not be personally involved in opening, considering or accepting offers.

      5.  Any contract made in violation of this section may be declared void at the instance of the State or of any other person interested in the contract except an officer prohibited from making or being interested in the contract.

      6.  A person who violates this section is guilty of a gross misdemeanor and shall forfeit his or her office.

      (Added to NRS by 1977, 1109; A 1993, 2241; 1995, 689; 2001, 1627; 2013, 3761, effective January 1, 2014)

      NRS 281.230  Unlawful commissions, personal profit and compensation of public officers and employees; penalties; payment of commission, profit or compensation to public employer. [Effective through December 31, 2013.]

      1.  Except as otherwise provided in this section and NRS 218A.970, 281A.530 and 332.800, the following persons shall not, in any manner, directly or indirectly, receive any commission, personal profit or compensation of any kind resulting from any contract or other significant transaction in which the employing state, county, municipality, township, district or quasi-municipal corporation is in any way directly interested or affected:

      (a) State, county, municipal, district and township officers of the State of Nevada;

      (b) Deputies and employees of state, county, municipal, district and township officers; and

      (c) Officers and employees of quasi-municipal corporations.

      2.  A member of any board, commission or similar body who is engaged in the profession, occupation or business regulated by the board, commission or body may, in the ordinary course of his or her business, bid on or enter into a contract with any governmental agency, except the board or commission of which he or she is a member, if the member has not taken part in developing the contract plans or specifications and the member will not be personally involved in opening, considering or accepting offers.

      3.  A full- or part-time faculty member or employee of the Nevada System of Higher Education may bid on or enter into a contract with a governmental agency, or may benefit financially or otherwise from a contract between a governmental agency and a private entity, if the contract complies with the policies established by the Board of Regents of the University of Nevada pursuant to NRS 396.255.

      4.  A public officer or employee, other than an officer or employee described in subsection 2 or 3, may bid on or enter into a contract with a governmental agency if the contracting process is controlled by rules of open competitive bidding, the sources of supply are limited, the public officer or employee has not taken part in developing the contract plans or specifications and the public officer or employee will not be personally involved in opening, considering or accepting offers. If a public officer who is authorized to bid on or enter into a contract with a governmental agency pursuant to this subsection is a member of the governing body of the agency, the public officer, pursuant to the requirements of NRS 281A.420, shall disclose his or her interest in the contract and shall not vote on or advocate the approval of the contract.

      5.  A person who violates any of the provisions of this section shall be punished as provided in NRS 197.230 and:

      (a) Where the commission, personal profit or compensation is $650 or more, for a category D felony as provided in NRS 193.130.

      (b) Where the commission, personal profit or compensation is less than $650, for a misdemeanor.

      6.  A person who violates the provisions of this section shall pay any commission, personal profit or compensation resulting from the contract or transaction to the employing state, county, municipality, township, district or quasi-municipal corporation as restitution.

      [1:107:1927; NCL § 4855] + [2:107:1927; NCL § 4856] + [3:107:1927; NCL § 4857]—(NRS A 1957, 363; 1963, 477; 1965, 410; 1967, 550; 1975, 932; 1977, 1110; 1979, 1464; 1987, 1460; 1989, 1441; 1991, 1593; 1993, 2242; 1995, 689, 1264; 2001, 1628, 2287; 2003, 160, 892; 2011, 173)

      NRS 281.230  Unlawful commissions, personal profit and compensation of public officers and employees; penalties; payment of commission, profit or compensation to public employer. [Effective January 1, 2014.]

      1.  Except as otherwise provided in this section and NRS 218A.970, 281A.430 and 332.800, the following persons shall not, in any manner, directly or indirectly, receive any commission, personal profit or compensation of any kind resulting from any contract or other significant transaction in which the employing state, county, municipality, township, district or quasi-municipal corporation is in any way directly interested or affected:

      (a) State, county, municipal, district and township officers of the State of Nevada;

      (b) Deputies and employees of state, county, municipal, district and township officers; and

      (c) Officers and employees of quasi-municipal corporations.

      2.  A member of any board, commission or similar body who is engaged in the profession, occupation or business regulated by the board, commission or body may, in the ordinary course of his or her business, bid on or enter into a contract with any governmental agency, except the board, commission or body of which he or she is a member, if the member has not taken part in developing the contract plans or specifications and the member will not be personally involved in opening, considering or accepting offers.

      3.  A full- or part-time faculty member or employee of the Nevada System of Higher Education may bid on or enter into a contract with a governmental agency, or may benefit financially or otherwise from a contract between a governmental agency and a private entity, if the contract complies with the policies established by the Board of Regents of the University of Nevada pursuant to NRS 396.255.

      4.  A public officer or employee, other than an officer or employee described in subsection 2 or 3, may bid on or enter into a contract with a governmental agency if the contracting process is controlled by rules of open competitive bidding, the sources of supply are limited, the public officer or employee has not taken part in developing the contract plans or specifications and the public officer or employee will not be personally involved in opening, considering or accepting offers. If a public officer who is authorized to bid on or enter into a contract with a governmental agency pursuant to this subsection is a member of the governing body of the agency, the public officer, pursuant to the requirements of NRS 281A.420, shall disclose his or her interest in the contract and shall not vote on or advocate the approval of the contract.

      5.  A person who violates any of the provisions of this section shall be punished as provided in NRS 197.230 and:

      (a) Where the commission, personal profit or compensation is $650 or more, for a category D felony as provided in NRS 193.130.

      (b) Where the commission, personal profit or compensation is less than $650, for a misdemeanor.

      6.  A person who violates the provisions of this section shall pay any commission, personal profit or compensation resulting from the contract or transaction to the employing state, county, municipality, township, district or quasi-municipal corporation as restitution.

      [1:107:1927; NCL § 4855] + [2:107:1927; NCL § 4856] + [3:107:1927; NCL § 4857]—(NRS A 1957, 363; 1963, 477; 1965, 410; 1967, 550; 1975, 932; 1977, 1110; 1979, 1464; 1987, 1460; 1989, 1441; 1991, 1593; 1993, 2242; 1995, 689, 1264; 2001, 1628, 2287; 2003, 160, 892; 2011, 173; 2013, 3762, effective January 1, 2014)

      NRS 281.240  Grant of authority to discharge duties of public office unlawful; giving consideration for grant unlawful; penalties.

      1.  Every person holding or exercising any office under the laws or constitution of this state, who shall, for any reward or gratuity paid, or agreed to be paid, grant to another the right or authority to discharge any of the duties of such office (except the person’s lawful deputies), shall be punished by a fine not exceeding $5,000, and shall be removed from office.

      2.  Every person who shall give, or make any agreement to give, any reward or gratuity in consideration of such grant or authority, shall be punished by a fine of not more than $5,000.

      [69:108:1866; B § 2667; BH § 1704; C § 1850; RL § 2822; NCL § 4822]—(NRS A 1967, 551)

      NRS 281.250  Administration of oaths and affirmations by officers.  Every officer authorized to take testimony or to decide upon the evidence in any proceeding shall have power to administer oaths or affirmations.

      [Part 1911 CPA § 541; RL § 5483; NCL § 9030]

      NRS 281.260  Fees for returns prohibited; computation of mileage; penalty.

      1.  No officer shall be allowed to charge or receive any fee or compensation whatever for the return written upon any summons, subpoena, writ of attachment, execution, order of sale or other paper. Any officer violating the terms of this subsection shall be fined not more than $500, and shall be removed from office.

      2.  Where mileage is chargeable it shall be for the actual distance traveled, and every fraction of a mile shall be computed as a mile. Where mileage is chargeable by a sheriff, it shall be computed as provided in NRS 248.400.

      [38:49:1883; BH § 2379; C § 2503; RL § 2040; NCL § 2971] + [Part 39:49:1883; BH § 2380; C § 2504; RL § 2041; NCL § 2972]—(NRS A 1967, 551)

      NRS 281.270  Officer to prevent duel: Penalty.  If any officer bound to preserve the public peace shall have knowledge of an intention, on the part of any two persons, to fight with a deadly weapon or weapons, and such officer shall not use and exert the official authority of that officer to arrest the persons and prevent the deed, every such officer shall be fined in a sum not exceeding $1,000.

      [Part 70:108:1866; B § 2668; BH § 1705; C § 1851; RL § 2823; NCL § 4823]

      NRS 281.280  Officer refusing to receive or arrest person charged with criminal offense: Penalties.  If any officer shall willfully refuse to receive or arrest any person charged with a criminal offense, such officer is guilty of a gross misdemeanor and shall be removed from office.

      [Part 67:108:1866; B § 2665; BH § 1702; C § 1848; RL § 2820; NCL § 4820]—(NRS A 1967, 551)

      NRS 281.290  Officer executing process may command assistance when resistance made.

      1.  When a public officer authorized to execute process finds or has reason to apprehend that resistance will be made to the execution of that process, the officer may command as many inhabitants of the officer’s county as the officer thinks proper, and may call upon the Governor for military aid in the manner provided by law, to assist the officer in overcoming the resistance, and, if necessary, in seizing, arresting and confining the resisters and their aiders and abettors, to be punished according to law.

      2.  The officer shall certify, to the court from which the process issued, the names of the resisters and their aiders and abettors, to the end that they be proceeded against for their contempt of court.

      [Part 83:108:1866; B § 2681; BH § 1718; C § 1864; RL § 2833; NCL § 4833] + [84:108:1866; B § 2682; BH § 1719; C § 1865; RL § 2834; NCL § 4834]—(NRS A 1967, 1341; 1981, 461)

      NRS 281.310  Audits and allowances of accounts of state officers: Affidavits; oaths and affirmations.  In all cases where officers are called upon to audit and allow the accounts of state officers, they shall take and file affidavits of the officers that they have not violated any of the provisions of law. For that purpose all officers, authorized by law to audit and allow accounts, are empowered and required to administer oaths and affirmations, which shall have the same force and validity in all actions for perjury as if administered by a judicial officer.

      [Part 97:108:1866; B § 2695; BH § 1732; C § 1878; RL § 2844; NCL § 4844]

      NRS 281.320  Withholding of settlement and payment of accounts of public officers.  Any officer charged with the disbursement of any public moneys or any evidence of public indebtedness, when informed by affidavit of the violation of any provisions of law by any officer whose account is to be settled, audited or paid by the officer, shall withhold any settlement or payment of the same and cause the officer to be prosecuted.

      [Part 100:108:1866; B § 2698; BH § 1735; C § 1881; RL § 2847; NCL § 4847]

      NRS 281.330  Advocating overthrow of government cause for dismissal of public employee.  It shall be sufficient cause for the dismissal of any public employee when such public employee advocates or is a member of an organization which advocates overthrow of the Government of the United States or of the State by force, violence or other unlawful means.

      [Part 1:20:1955]

      NRS 281.340  Obtaining appointment by false letter or certificate: Penalty.  Every person who shall obtain appointment to any office or place of trust by color or aid of any false or forged letter or certificate of recommendation shall be guilty of a misdemeanor.

      [Part 1911 C&P § 522; RL § 6787; NCL § 10468]

      NRS 281.350  Grafting by public officer or employee: Penalty.  Every public officer or public employee who shall ask or receive, directly or indirectly, any compensation, gratuity or reward, or any promise thereof, upon any agreement or understanding that the officer or employee shall act in any particular manner in connection with the official duties of the officer or employee or the public service; or who, being authorized to purchase or contract for materials, supplies or other articles or to employ servants or labor for the State or any county or municipality, or for the public service, shall ask or receive, directly or indirectly, for the officer or employee or another, a commission, percentage, discount, bonus or promise thereof from any person with whom the officer or employee may deal in relation to such matters, shall be guilty of a gross misdemeanor.

      [Part 1911 C&P § 521; RL § 6786; NCL § 10467]—(NRS A 1963, 17)

      NRS 281.360  Failure by public officer or employee to perform duty: Penalty.  Whenever any duty is enjoined by law upon any public officer or other person holding any public trust or employment, their willful neglect to perform such duty, except where otherwise specifically provided for, shall be a misdemeanor.

      [1911 C&P § 24; RL § 6289; NCL § 9973]

      NRS 281.370  Actions concerning personnel to be based on merit and fitness; discrimination prohibited.

      1.  All personnel actions taken by state, county or municipal departments, housing authorities, agencies, boards or appointing officers thereof must be based solely on merit and fitness.

      2.  State, county or municipal departments, housing authorities, agencies, boards or appointing officers thereof shall not refuse to hire a person, discharge or bar any person from employment or discriminate against any person in compensation or in other terms or conditions of employment because of the person’s race, creed, color, national origin, sex, sexual orientation, gender identity or expression, age, political affiliation or disability, except when based upon a bona fide occupational qualification.

      3.  As used in this section:

      (a) “Disability” means, with respect to a person:

             (1) A physical or mental impairment that substantially limits one or more of the major life activities of the person;

             (2) A record of such an impairment; or

             (3) Being regarded as having such an impairment.

      (b) “Gender identity or expression” means a gender-related identity, appearance, expression or behavior of a person, regardless of the person’s assigned sex at birth.

      (c) “Sexual orientation” means having or being perceived as having an orientation for heterosexuality, homosexuality or bisexuality.

      (Added to NRS by 1959, 137; A 1973, 980; 1985, 1561; 1987, 2266; 1991, 1021; 1995, 814; 1999, 1941; 2011, 501)

      NRS 281.375  Application for employment: Volunteer work must be considered.  Every application form for employment with the State of Nevada, any of its political subdivisions or any agency of the State must indicate that volunteer work relevant to the position applied for is considered in the evaluation of the applicant’s qualifications for employment and must provide space for the applicant to list any volunteer work the applicant considers appropriate.

      (Added to NRS by 1981, 350)

      NRS 281.380  Public officers and employees required to accept reproductions of business records for examination and other purposes.  If any business, institution or member of a profession or calling has kept or recorded any memorandum, writing, entry, print, representation or combination thereof, of any act, transaction, occurrence or event and has caused any or all of such records to be recorded, copied or reproduced by any photographic, photostatic, microfilm, microcard, miniature photographic, or other process which accurately reproduces or forms a durable medium for so reproducing the original, such reproduction shall be accepted by all public officers and employees for examination, filing, copying or any other purpose as if it were the original, whether or not the original is then in existence.

      (Added to NRS by 1963, 523)

      NRS 281.390  Sick leave of public employees: Election of benefits; amount limited when eligible for benefits for industrial or occupational disease.

      1.  When any public employee is eligible at the same time for benefits for temporary total disability pursuant to chapters 616A to 616D, inclusive, or 617 of NRS and for any sick leave benefit, the employee may, by giving notice to the employer of the employee, elect to continue to receive the employee’s normal salary instead of the benefits pursuant to those chapters until the employee’s accrued sick leave time is exhausted. The employer shall notify the insurer that provides industrial insurance for that employer of the election. The employer shall continue to pay the employee the employee’s normal salary but charge against the employee’s accrued sick leave time as taken during the pay period an amount which represents the difference between the employee’s normal salary and the amount of any benefit for temporary total disability received, exclusive of reimbursement or payment of medical or hospital expenses pursuant to chapters 616A to 616D, inclusive, or 617 of NRS for that pay period.

      2.  When the employee’s accrued sick leave time is exhausted, payment of the employee’s normal salary pursuant to subsection 1 must be discontinued and the employer shall promptly notify the insurer that provides industrial insurance for that employer so that it may begin paying the benefits to which the employee is entitled directly to the employee.

      3.  An employee who declines to make the election provided in subsection 1, may use all or part of the sick leave benefit normally payable to the employee while directly receiving benefits for temporary total disability pursuant to chapters 616A to 616D, inclusive, or 617 of NRS, but the amount of sick leave benefit paid to the employee for any pay period must not exceed the difference between the employee’s normal salary and the amount of any benefit received, exclusive of reimbursement or payment of medical or hospital expenses pursuant to those chapters for that pay period.

      4.  If the amount of the employee’s sick leave benefit is reduced pursuant to subsection 3 below the amount normally payable, the amount of sick leave time charged against the employee as taken during that pay period must be reduced in the same proportion.

      5.  The public employee may decline to use any or part of the sick leave benefit normally payable to the employee while receiving benefits pursuant to chapters 616A to 616D, inclusive, or 617 of NRS. During that time, the employee must be considered on leave of absence without pay.

      (Added to NRS by 1969, 439; A 1975, 205; 1981, 497, 1538; 1995, 2042; 1999, 1814)

      NRS 281.400  Coercion respecting membership in organizations for persons who are aged, blind or disabled prohibited.  No officer or employee of the State or any county, city or district who is concerned with the administration of any program for persons who are aged, blind or disabled shall, in the officer’s or employee’s official capacity, attempt to coerce or coerce any person who is aged, blind or disabled to join or refrain from joining any organization for persons who are aged, blind or disabled.

      (Added to NRS by 1971, 174)

      NRS 281.405  Validity of lien against public officer or employee.

      1.  Any lien which is filed or otherwise claimed against a public officer or employee which is based on the performance of or failure to perform a duty relating to the office or employment of the officer or employee is invalid unless the filing of the lien is authorized by a specific statute or by an order of a court of competent jurisdiction.

      2.  As used in this section, “lien” means an encumbrance on property which is used as security for the payment of a debt.

      (Added to NRS by 1997, 72)

STATEMENT OF FINANCIAL DISCLOSURE

      NRS 281.558  “Candidate” defined.  As used in NRS 281.558 to 281.581, inclusive, “candidate” means any person:

      1.  Who files a declaration of candidacy;

      2.  Who files an acceptance of candidacy; or

      3.  Whose name appears on an official ballot at any election.

      (Added to NRS by 1991, 1591; A 1993, 265; 2001, 1955)

      NRS 281.559  Electronic filing by certain appointed public officers; exceptions; date on which statement deemed filed; access through secure website; regulations.

      1.  Except as otherwise provided in subsections 2 and 3 and NRS 281.572, if a public officer who was appointed to the office for which the public officer is serving is entitled to receive annual compensation of $6,000 or more for serving in that office or if the public officer was appointed to the office of Legislator, the public officer shall file electronically with the Secretary of State a statement of financial disclosure, as follows:

      (a) A public officer appointed to fill the unexpired term of an elected or appointed public officer shall file a statement of financial disclosure within 30 days after the public officer’s appointment.

      (b) Each public officer appointed to fill an office shall file a statement of financial disclosure on or before January 15 of:

             (1) Each year of the term, including the year in which the public officer leaves office; and

             (2) The year immediately following the year in which the public officer leaves office, unless the public officer leaves office before January 15 in the prior year.

Ê The statement must disclose the required information for the full calendar year immediately preceding the date of filing.

      2.  If a person is serving in a public office for which the person is required to file a statement pursuant to subsection 1, the person may use the statement the person files for that initial office to satisfy the requirements of subsection 1 for every other public office to which the person is appointed and in which the person is also serving.

      3.  A judicial officer who is appointed to fill the unexpired term of a predecessor or to fill a newly created judgeship shall file a statement of financial disclosure pursuant to the requirements of Canon 4I of the Nevada Code of Judicial Conduct. Such a statement of financial disclosure must include, without limitation, all information required to be included in a statement of financial disclosure pursuant to NRS 281.571.

      4.  A statement of financial disclosure shall be deemed to be filed on the date that it was received by the Secretary of State.

      5.  Except as otherwise provided in NRS 281.572, the Secretary of State shall provide access through a secure website to the statement of financial disclosure to each person who is required to file the statement with the Secretary of State pursuant to this section.

      6.  The Secretary of State may adopt regulations necessary to carry out the provisions of this section.

      (Added to NRS by 2003, 3018; A 2007, 2737; 2011, 1728, 3307)—(Substituted in revision for NRS 281A.600)

      NRS 281.561  Electronic filing by certain candidates for public office and certain elected public officers; exceptions; date on which statement deemed filed; access through secure website; regulations.

      1.  Except as otherwise provided in subsections 2 and 3 and NRS 281.572, each candidate for public office who will be entitled to receive annual compensation of $6,000 or more for serving in the office that the candidate is seeking, each candidate for the office of Legislator and, except as otherwise provided in subsection 3, each public officer who was elected to the office for which the public officer is serving shall file electronically with the Secretary of State a statement of financial disclosure, as follows:

      (a) A candidate for nomination, election or reelection to public office shall file a statement of financial disclosure no later than the 10th day after the last day to qualify as a candidate for the office. The statement must disclose the required information for the full calendar year immediately preceding the date of filing and for the period between January 1 of the year in which the election for the office will be held and the last day to qualify as a candidate for the office. The filing of a statement of financial disclosure for a portion of a calendar year pursuant to this paragraph does not relieve the candidate of the requirement of filing a statement of financial disclosure for the full calendar year pursuant to paragraph (b) in the immediately succeeding year, if the candidate is elected to the office.

      (b) Each public officer shall file a statement of financial disclosure on or before January 15 of:

             (1) Each year of the term, including the year in which the public officer leaves office; and

             (2) The year immediately following the year in which the public officer leaves office, unless the public officer leaves office before January 15 in the prior year.

Ê The statement must disclose the required information for the full calendar year immediately preceding the date of filing.

      2.  Except as otherwise provided in this subsection, if a candidate for public office is serving in a public office for which the candidate is required to file a statement pursuant to paragraph (b) of subsection 1 or subsection 1 of NRS 281.559, the candidate need not file the statement required by subsection 1 for the full calendar year for which the candidate previously filed a statement. The provisions of this subsection do not relieve the candidate of the requirement pursuant to paragraph (a) of subsection 1 to file a statement of financial disclosure for the period between January 1 of the year in which the election for the office will be held and the last day to qualify as a candidate for the office.

      3.  A person elected pursuant to NRS 548.285 to the office of supervisor of a conservation district is not required to file a statement of financial disclosure relative to that office pursuant to subsection 1.

      4.  A candidate for judicial office or a judicial officer shall file a statement of financial disclosure pursuant to the requirements of Canon 4I of the Nevada Code of Judicial Conduct. Such a statement of financial disclosure must include, without limitation, all information required to be included in a statement of financial disclosure pursuant to NRS 281.571.

      5.  A statement of financial disclosure shall be deemed to be filed on the date that it was received by the Secretary of State.

      6.  Except as otherwise provided in NRS 281.572, the Secretary of State shall provide access through a secure website to the statement of financial disclosure to each person who is required to file the statement with the Secretary of State pursuant to this section.

      7.  The Secretary of State may adopt regulations necessary to carry out the provisions of this section.

      (Added to NRS by 1977, 1108; A 1985, 2126; 1987, 2097; 1991, 1601; 1995, 2199; 1999, 931; 2001, 1956, 2290; 2003, 160, 3020, 3396; 2003, 20th Special Session, 265; 2005, 1579; 2007, 2738; 2011, 1729, 3309)—(Substituted in revision for NRS 281A.610)

      NRS 281.571  Contents; regulations.

      1.  Statements of financial disclosure, as approved pursuant to NRS 281A.350 or in such electronic form as the Secretary of State otherwise prescribes, must contain the following information concerning the candidate for public office or public officer:

      (a) The candidate’s or public officer’s length of residence in the State of Nevada and the district in which the candidate for public office or public officer is registered to vote.

      (b) Each source of the candidate’s or public officer’s income, or that of any member of the candidate’s or public officer’s household who is 18 years of age or older. No listing of individual clients, customers or patients is required, but if that is the case, a general source such as “professional services” must be disclosed.

      (c) A list of the specific location and particular use of real estate, other than a personal residence:

             (1) In which the candidate for public office or public officer or a member of the candidate’s or public officer’s household has a legal or beneficial interest;

             (2) Whose fair market value is $2,500 or more; and

             (3) That is located in this State or an adjacent state.

      (d) The name of each creditor to whom the candidate for public office or public officer or a member of the candidate’s or public officer’s household owes $5,000 or more, except for:

             (1) A debt secured by a mortgage or deed of trust of real property which is not required to be listed pursuant to paragraph (c); and

             (2) A debt for which a security interest in a motor vehicle for personal use was retained by the seller.

      (e) If the candidate for public office or public officer has received gifts in excess of an aggregate value of $200 from a donor during the preceding taxable year, a list of all such gifts, including the identity of the donor and value of each gift, except:

             (1) A gift received from a person who is related to the candidate for public office or public officer within the third degree of consanguinity or affinity.

             (2) Ceremonial gifts received for a birthday, wedding, anniversary, holiday or other ceremonial occasion if the donor does not have a substantial interest in the legislative, administrative or political action of the candidate for public office or public officer.

      (f) A list of each business entity with which the candidate for public office or public officer or a member of the candidate’s or public officer’s household is involved as a trustee, beneficiary of a trust, director, officer, owner in whole or in part, limited or general partner, or holder of a class of stock or security representing 1 percent or more of the total outstanding stock or securities issued by the business entity.

      (g) A list of all public offices presently held by the candidate for public office or public officer for which this statement of financial disclosure is required.

      2.  The Secretary of State may adopt regulations necessary to carry out the provisions of this section.

      3.  As used in this section, “member of the candidate’s or public officer’s household” includes:

      (a) The spouse of the candidate for public office or public officer;

      (b) A person who does not live in the same home or dwelling, but who is dependent on and receiving substantial support from the candidate for public office or public officer; and

      (c) A person who lived in the home or dwelling of the candidate for public office or public officer for 6 months or more in the year immediately preceding the year in which the candidate for public office or public officer files the statement of financial disclosure.

      (Added to NRS by 1977, 1108; A 1985, 2127; 1991, 1602; 1995, 2200; 1997, 3331; 1999, 932; 2001, 1957; 2009, 1069; 2011, 1730)—(Substituted in revision for NRS 281A.620)

      NRS 281.572  Affidavit for exemption from requirement of electronic filing; nonelectronic filing of statement.

      1.  A candidate or public officer who is required to file a statement of financial disclosure with the Secretary of State pursuant to NRS 281.559 or 281.561 is not required to file the statement electronically if the candidate or public officer has on file with the Secretary of State an affidavit which satisfies the requirements set forth in subsection 2 and which states that:

      (a) The candidate or public officer does not own or have the ability to access the technology necessary to file electronically the statement of financial disclosure; and

      (b) The candidate or public officer does not have the financial ability to purchase or obtain access to the technology necessary to file electronically the statement of financial disclosure.

      2.  The affidavit described in subsection 1 must be:

      (a) In the form prescribed by the Secretary of State and signed under an oath to God or penalty of perjury. A candidate or public officer who signs the affidavit under an oath to God is subject to the same penalties as if the candidate or public officer had signed the affidavit under penalty of perjury.

      (b) Except as otherwise provided in subsection 4, filed not less than 15 days before the statement of financial disclosure is required to be filed.

      3.  A candidate or public officer who is not required to file the statement of financial disclosure electronically may file the statement of financial disclosure by transmitting the statement by regular mail, certified mail, facsimile machine or personal delivery. A statement of financial disclosure transmitted pursuant to this subsection shall be deemed to be filed on the date that it was received by the Secretary of State.

      4.  A person who is appointed to fill the unexpired term of an elected or appointed public officer must file the affidavit described in subsection 1 not later than 15 days after his or her appointment to be exempted from the requirement of filing a report electronically.

      (Added to NRS by 2011, 1725)

      NRS 281.573  Retention by Secretary of State.

      1.  Except as otherwise provided in subsection 2, statements of financial disclosure required by the provisions of NRS 281.558 to 281.572, inclusive, must be retained by the Secretary of State for 6 years after the date of filing.

      2.  For public officers who serve more than one term in either the same public office or more than one public office, the period prescribed in subsection 1 begins on the date of the filing of the last statement of financial disclosure for the last public office held.

      (Added to NRS by 1987, 2093; A 1991, 1603; 2003, 3021, 3397; 2003, 20th Special Session, 265; 2011, 1731)—(Substituted in revision for NRS 281A.630)

      NRS 281.574  Certain public officers required to submit electronically to Secretary of State list of public officers required to file statement and candidates for public office.

      1.  A list of each public officer who is required to file a statement of financial disclosure must be submitted electronically to the Secretary of State, in a form prescribed by the Secretary of State, on or before December 1 of each year by:

      (a) Each county clerk for all public officers of the county and other local governments within the county other than cities;

      (b) Each city clerk for all public officers of the city;

      (c) The Director of the Legislative Counsel Bureau for all public officers of the Legislative Branch; and

      (d) The Chief of the Budget Division of the Department of Administration for all public officers of the Executive Branch.

      2.  Each county clerk, or the registrar of voters of the county if one was appointed pursuant to NRS 244.164, and each city clerk shall submit electronically to the Secretary of State, in a form prescribed by the Secretary of State, a list of each candidate for public office who filed a declaration of candidacy or acceptance of candidacy with that officer within 10 days after the last day to qualify as a candidate for the applicable office.

      (Added to NRS by 2003, 3384; A 2003, 20th Special Session, 263; 2011, 1731)—(Substituted in revision for NRS 281A.640)

      NRS 281.581  Civil penalty for failure to disclose: Procedure; amount; waiver.

      1.  If the Secretary of State receives information that a candidate for public office or public officer willfully fails to file a statement of financial disclosure or willfully fails to file a statement of financial disclosure in a timely manner pursuant to NRS 281.559, 281.561 or 281.572, the Secretary of State may, after giving notice to that person or entity, cause the appropriate proceedings to be instituted in the First Judicial District Court.

      2.  Except as otherwise provided in this section, a candidate for public office or public officer who willfully fails to file a statement of financial disclosure or willfully fails to file a statement of financial disclosure in a timely manner pursuant to NRS 281.559, 281.561 or 281.572 is subject to a civil penalty and payment of court costs and attorney’s fees. The civil penalty must be recovered in a civil action brought in the name of the State of Nevada by the Secretary of State in the First Judicial District Court and deposited by the Secretary of State for credit to the State General Fund in the bank designated by the State Treasurer.

      3.  The amount of the civil penalty is:

      (a) If the statement is filed not more than 10 days after the applicable deadline set forth in subsection 1 of NRS 281.559, subsection 1 of NRS 281.561 or NRS 281.572, $25.

      (b) If the statement is filed more than 10 days but not more than 20 days after the applicable deadline set forth in subsection 1 of NRS 281.559, subsection 1 of NRS 281.561 or NRS 281.572, $50.

      (c) If the statement is filed more than 20 days but not more than 30 days after the applicable deadline set forth in subsection 1 of NRS 281.559, subsection 1 of NRS 281.561 or NRS 281.572, $100.

      (d) If the statement is filed more than 30 days but not more than 45 days after the applicable deadline set forth in subsection 1 of NRS 281.559, subsection 1 of NRS 281.561 or NRS 281.572, $250.

      (e) If the statement is not filed or is filed more than 45 days after the applicable deadline set forth in subsection 1 of NRS 281.559, subsection 1 of NRS 281.561 or NRS 281.572, $2,000.

      4.  For good cause shown, the Secretary of State may waive a civil penalty that would otherwise be imposed pursuant to this section. If the Secretary of State waives a civil penalty pursuant to this subsection, the Secretary of State shall:

      (a) Create a record which sets forth that the civil penalty has been waived and describes the circumstances that constitute the good cause shown; and

      (b) Ensure that the record created pursuant to paragraph (a) is available for review by the general public.

      5.  As used in this section, “willfully” means intentionally and knowingly.

      (Added to NRS by 1977, 1109; A 1985, 2128; 1997, 3333; 1999, 934, 2746; 2001, 1958, 2290, 2924, 2931, 2932, 2934; 2003, 3021, 3397; 2003, 20th Special Session, 265; 2009, 1070; 2013, 3809)—(Substituted in revision for NRS 281A.660)

DISCLOSURE OF IMPROPER GOVERNMENTAL ACTION

      NRS 281.611  Definitions.  As used in NRS 281.611 to 281.671, inclusive, unless the context otherwise requires:

      1.  “Improper governmental action” means any action taken by a state officer or employee or local governmental officer or employee in the performance of the officer’s or employee’s official duties, whether or not the action is within the scope of employment of the officer or employee, which is:

      (a) In violation of any state law or regulation;

      (b) If the officer or employee is a local governmental officer or employee, in violation of an ordinance of the local government;

      (c) An abuse of authority;

      (d) Of substantial and specific danger to the public health or safety; or

      (e) A gross waste of public money.

      2.  “Local government” means a county in this State, an incorporated city in this State and Carson City.

      3.  “Local governmental employee” means any person who performs public duties under the direction and control of a local governmental officer for compensation paid by or through a local government.

      4.  “Local governmental officer” means a person elected or appointed to a position with a local government that involves the exercise of a local governmental power, trust or duty, including:

      (a) Actions taken in an official capacity which involve a substantial and material exercise of administrative discretion in the formulation of local governmental policy;

      (b) The expenditure of money of a local government; and

      (c) The enforcement of laws and regulations of the State or a local government.

      5.  “Reprisal or retaliatory action” includes:

      (a) The denial of adequate personnel to perform duties;

      (b) Frequent replacement of members of the staff;

      (c) Frequent and undesirable changes in the location of an office;

      (d) The refusal to assign meaningful work;

      (e) The issuance of letters of reprimand or evaluations of poor performance;

      (f) A demotion;

      (g) A reduction in pay;

      (h) The denial of a promotion;

      (i) A suspension;

      (j) A dismissal;

      (k) A transfer;

      (l) Frequent changes in working hours or workdays; or

      (m) If the employee is licensed or certified by an occupational licensing board, the filing with that board, by or on behalf of the employer, of a complaint concerning the employee,

Ê if such action is taken, in whole or in part, because the state officer or employee or local governmental officer or employee disclosed information concerning improper governmental action.

      6.  “State employee” means any person who performs public duties under the direction and control of a state officer for compensation paid by or through the State.

      7.  “State officer” means a person elected or appointed to a position with the State which involves the exercise of a state power, trust or duty, including:

      (a) Actions taken in an official capacity which involve a substantial and material exercise of administrative discretion in the formulation of state policy;

      (b) The expenditure of state money; and

      (c) The enforcement of laws and regulations of the State.

      (Added to NRS by 1991, 1992; A 2001, 3049)

      NRS 281.621  Declaration of public policy.  It is hereby declared to be the public policy of this state that a state officer or employee and a local governmental officer or employee are encouraged to disclose, to the extent not expressly prohibited by law, improper governmental action, and it is the intent of the Legislature to protect the rights of a state officer or employee and a local governmental officer or employee who makes such a disclosure.

      (Added to NRS by 1991, 1992; A 2001, 3050)

      NRS 281.631  State or local governmental officer or employee prohibited from using authority or influence to prevent disclosure of improper governmental action by another state or local governmental officer or employee.

      1.  A state officer or employee and a local governmental officer or employee shall not directly or indirectly use or attempt to use the official authority or influence of the officer or employee to intimidate, threaten, coerce, command, influence or attempt to intimidate, threaten, coerce, command or influence another state officer or employee or another local governmental officer or employee, as applicable, in an effort to interfere with or prevent the disclosure of information concerning improper governmental action.

      2.  For the purposes of this section, use of “official authority or influence” includes taking, directing others to take, recommending, processing or approving any personnel action such as an appointment, promotion, transfer, assignment, reassignment, reinstatement, restoration, reemployment, evaluation or other disciplinary action.

      (Added to NRS by 1991, 1992; A 2001, 3050)

      NRS 281.635  Local government authorized to enact ordinance providing greater protection to local governmental officers and employees against reprisal and retaliation.  A local government may enact by ordinance procedures that provide greater protection to local governmental officers and employees against reprisal and retaliation for the disclosure of improper governmental action than the protection provided in NRS 281.611 to 281.671, inclusive.

      (Added to NRS by 2001, 3048)

      NRS 281.641  Reprisal or retaliatory action against state officer or employee who discloses improper governmental action: Written appeal; hearing; order; negative ruling may not be based on identity of persons to whom disclosure was made; rules of procedure.

      1.  If any reprisal or retaliatory action is taken against a state officer or employee who discloses information concerning improper governmental action within 2 years after the information is disclosed, the state officer or employee may file a written appeal with a hearing officer of the Personnel Commission for a determination of whether the action taken was a reprisal or retaliatory action. The written appeal must be accompanied by a statement that sets forth with particularity:

      (a) The facts and circumstances under which the disclosure of improper governmental action was made; and

      (b) The reprisal or retaliatory action that is alleged to have been taken against the state officer or employee.

Ê The hearing must be conducted in accordance with the procedures set forth in NRS 284.390 to 284.405, inclusive, and the procedures adopted by the Personnel Commission pursuant to subsection 4.

      2.  If the hearing officer determines that the action taken was a reprisal or retaliatory action, the hearing officer may issue an order directing the proper person to desist and refrain from engaging in such action. The hearing officer shall file a copy of the decision with the Governor or any other elected state officer who is responsible for the actions of that person.

      3.  The hearing officer may not rule against the state officer or employee based on the person or persons to whom the improper governmental action was disclosed.

      4.  The Personnel Commission may adopt rules of procedure for conducting a hearing pursuant to this section that are not inconsistent with the procedures set forth in NRS 284.390 to 284.405, inclusive.

      5.  As used in this section, “Personnel Commission” means the Personnel Commission created by NRS 284.030.

      (Added to NRS by 1991, 1993; A 1995, 347; 2001, 3050; 2011, 2952)

      NRS 281.645  Reprisal or retaliatory action against local governmental officer or employee who discloses improper governmental action: Procedures for hearing appeals established by ordinance; contents of ordinance.

      1.  A local government shall, by ordinance, establish procedures for hearing an appeal from a local governmental officer or employee who:

      (a) Disclosed information concerning improper governmental action; and

      (b) Believes that as a result of that disclosure, a reprisal or retaliatory action has been taken against the local governmental officer or employee,

Ê to determine whether a reprisal or retaliatory action has been taken against the local governmental officer or employee. The procedures must allow a local governmental officer or employee to file an appeal not later than 2 years after the information is disclosed and require the local governmental officer or employee who desires to file an appeal to file the appeal within 60 days after the alleged reprisal or retaliatory action was taken against the local governmental officer or employee.

      2.  An ordinance adopted pursuant to subsection 1 must:

      (a) Prescribe the required contents of an appeal;

      (b) Provide for the designation or appointment of hearing officers to hear such appeals; and

      (c) Provide that if a hearing officer determines that the action taken was a reprisal or retaliatory action, the hearing officer may issue an order directing the proper person to desist and refrain from engaging in such action.

      (Added to NRS by 2001, 3048)

      NRS 281.651  Use of provisions for harassment prohibited; disciplinary procedures authorized for disclosure of untruthful information.

      1.  A state officer or employee or a local governmental officer or employee shall not use the provisions of NRS 281.611 to 281.671, inclusive, to harass another state officer or employee or another local governmental officer or employee, as applicable.

      2.  The provisions of NRS 281.611 to 281.671, inclusive, do not prohibit a state officer or employee or a local governmental officer or employee from initiating proper disciplinary procedures against another state officer or employee or another local governmental officer or employee, as applicable, who discloses untruthful information concerning improper governmental action.

      (Added to NRS by 1991, 1993; A 2001, 3051)

      NRS 281.661  Summary of provisions to be prepared and made available to state and local governmental officers and employees each year.  Each year:

      1.  The Administrator of the Division of Human Resource Management of the Department of Administration shall make available to each state officer and employee; and

      2.  The administrative head of a local government shall make available to each local governmental officer or employee,

Ê a written summary of NRS 281.611 to 281.671, inclusive.

      (Added to NRS by 1991, 1993; A 2001, 3051)

      NRS 281.671  Effect of provisions upon criminal law.  NRS 281.611 to 281.671, inclusive, are intended to be directory and preventive rather than punitive, and do not abrogate or decrease the effect of any of the provisions of NRS which define crimes or prescribe punishments with respect to the conduct of state officers or employees or local governmental officers or employees.

      (Added to NRS by 1991, 1993; A 2001, 3052)