[Rev. 12/21/2019 11:13:23 AM--2019]

CHAPTER 232A - APPOINTMENTS BY THE GOVERNOR TO PUBLIC BODIES

NRS 232A.010††††††† Applicability; provisions are supplementary.

NRS 232A.020††††††† Residency requirement for appointment; terms of members; vacancies; qualification of member appointed as representative of general public; gubernatorial appointee prohibited from serving on more than one board, commission or similar body.

NRS 232A.030††††††† Members deemed civil officers; removal for malfeasance or nonfeasance.

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††††† NRS 232A.010  Applicability; provisions are supplementary.

††††† 1.  Except as otherwise provided by law, this chapter applies to all members appointed by the Governor to boards, commissions or similar bodies.

††††† 2.  The provisions of this chapter are intended to supplement present statutes applicable to specific boards, commissions or similar bodies. This chapter does not abrogate or limit additional requirements imposed on such boards, commissions or similar bodies by statute or otherwise recognized by case law.

††††† (Added to NRS by 1977, 1176)

††††† NRS 232A.020  Residency requirement for appointment; terms of members; vacancies; qualification of member appointed as representative of general public; gubernatorial appointee prohibited from serving on more than one board, commission or similar body.

††††† 1.  Except as otherwise provided in this section, a person appointed to a new term or to fill a vacancy on a board, commission or similar body by the Governor must have, in accordance with the provisions of NRS 281.050, actually, as opposed to constructively, resided, for the 6 months immediately preceding the date of the appointment:

††††† (a) In this State; and

††††† (b) If current residency in a particular county, district, ward, subdistrict or any other unit is prescribed by the provisions of law that govern the position, also in that county, district, ward, subdistrict or other unit.

††††† 2.  After the Governorís initial appointments of members to boards, commissions or similar bodies, all such members shall hold office for terms of 3 years or until their successors have been appointed and have qualified.

††††† 3.  A vacancy on a board, commission or similar body occurs when a member dies, resigns, becomes ineligible to hold office or is absent from the State for a period of 6 consecutive months.

††††† 4.  Any vacancy must be filled by the Governor for the remainder of the unexpired term.

††††† 5.  A member appointed to a board, commission or similar body as a representative of the general public must be a person who:

††††† (a) Has an interest in and a knowledge of the subject matter which is regulated by the board, commission or similar body; and

††††† (b) Does not have a pecuniary interest in any matter which is within the jurisdiction of the board, commission or similar body.

††††† 6.  Except as otherwise provided in NRS 232.162, the Governor shall not appoint a person to a board, commission or similar body if the person is a member of any other board, commission or similar body.

††††† 7.  The provisions of subsection 1 do not apply if:

††††† (a) A requirement of law concerning another characteristic or status that a member must possess, including, without limitation, membership in another organization, would make it impossible to fulfill the provisions of subsection 1; or

††††† (b) The membership of the particular board, commission or similar body includes residents of another state and the provisions of subsection 1 would conflict with a requirement that applies to all members of that body.

††††† (Added to NRS by 1977, 1176; A 2005, 1581; 2011, 2992; 2013, 3387)

††††† NRS 232A.030  Members deemed civil officers; removal for malfeasance or nonfeasance.

††††† 1.  Each member of a board, commission or similar body appointed by the Governor is deemed to be a civil officer of this State for the purposes of Section 4 of Article 7 of the Nevada Constitution.

††††† 2.  Except as otherwise provided by a specific statute, the Governor may remove any member of a board, commission or similar body appointed by the Governor for malfeasance or nonfeasance in the performance of his or her duties. The Governor shall provide the member 45 daysí notice of the removal unless the Governor determines that circumstances warrant immediate removal.

††††† 3.  The provisions of this section which deem the holders of certain positions to be civil officers of this State:

††††† (a) Are intended to supplement all other provisions of statute or case law which make the holders of certain positions be civil officers of this State; and

††††† (b) Must not be construed to make the holder of any position not described in this section not be a civil officer of this State.

††††† (Added to NRS by 2019, 1566)