NRS 281.465
1. Re-introduce the part of 2005's original [not the later-amended version] AB530 which allows a county to have an ethics law which is more restrictive than the state law on the same issue, where either it agrees to enforce that restriction or the State insists on such jurisdiction.
Rationale:
Some statewide provisions are vague or loose in wording, in order to allow a wide variety of situations. Local jurisdictions should be allowed to adopt more specific and more restrictive rules if needed, and to rely on the neutral authority of the Nevada Commission on Ethics for enforcement. For instance, local governments might want to limit the value of gifts allowed, or the length of cooling-off periods.
BDR:
1 Sec. [?] NRS 281.465 is hereby amended to read as follows:
2 281.465 1. The Commission has jurisdiction to investigate
3 and take appropriate action regarding an alleged violation of:
4 (a) [This] Except as otherwise provided in subsection 3, this
5 chapter by a public officer or employee or former public officer or
6 employee in any proceeding commenced by:
7 (1) The filing of a request for an opinion with the
8 Commission; or
9 (2) The Commission on its own motion.
10 (b) NRS 294A.345 or 294A.346 in any proceeding commenced
11 by the filing of a request for an opinion pursuant thereto.
12 (c) Ethical standards adopted by a governing body of a county
13 or an incorporated city pursuant to NRS 281.541 by an elected
14 public officer of the county or city, upon the filing of a request for
15 an opinion by the governing body, if the Commission:
16 (1) Determines that the ethical standards adopted by the
17 governing body do not conflict with, and are more restrictive than,
18 the provisions of this chapter; and
19 (2) Agrees to investigate and take appropriate action [or agrees to allow that county or city body to enforce its own regulation].
20 2. The provisions of paragraph (a) of subsection 1 apply to a
21 public officer or employee who:
22 (a) Currently holds public office or is publicly employed at the
23 commencement of proceedings against him.
24 (b) Resigns or otherwise leaves his public office or employment:
25 (1) After the commencement of proceedings against him; or
26 (2) Within 1 year after the alleged violation or reasonable
27 discovery of the alleged violation.
28 3. If the Commission investigates an alleged violation of the
29 ethical standards of a county or city by an elected public officer
30 pursuant to paragraph (c) of subsection 1, the Commission:
31 (a) May not investigate the alleged violation by the elected
32 public officer to determine whether the elected public officer
33 violated any provision of this chapter; and
34 (b) May impose any civil penalty authorized pursuant to NRS
35 281.551 upon the elected public officer if the Commission finds a
36 violation of the ethical standards of the county or city.
