Nevada Commission on Ethics and Conflict of Interest
Nevada Ethics in
Government Law
Presented by:
Y
v
o
n
n
e
M
.
N
e
v
a
r
e
z
-
G
o
o
d
s
o
n
,
E
s
q
.
Executive Director
Nevada Commission on Ethics
What is the Nevada Commission
on Ethics?
The Commission
The Ethics Commission consists of 8 members appointed to serve 4-year terms
4 members appointed by the Governor
4 members appointed by the Legislative Commission.
Staff
The state-wide staff to the Commission consists of an Executive Director,
Commission Counsel, Associate Counsel, Investigator, Paralegal and an Executive
Assistant.
2
Nevada Commission on Ethics
O
U
R
M
I
S
S
I
O
N
T
o
e
n
h
a
n
c
e
t
h
e
p
u
b
l
i
c
’
s
f
a
i
t
h
a
n
d
c
o
n
f
i
d
e
n
c
e
i
n
g
o
v
e
r
n
m
e
n
t
a
n
d
u
p
h
o
l
d
t
h
e
p
u
b
l
i
c
t
r
u
s
t
b
y
e
n
s
u
r
i
n
g
t
h
a
t
p
u
b
l
i
c
o
f
f
i
c
e
r
s
a
n
d
p
u
b
l
i
c
e
m
p
l
o
y
e
e
s
c
o
m
m
i
t
t
h
e
m
s
e
l
v
e
s
t
o
a
v
o
i
d
i
n
g
c
o
n
f
l
i
c
t
s
b
e
t
w
e
e
n
t
h
e
i
r
p
r
i
v
a
t
e
i
n
t
e
r
e
s
t
s
a
n
d
t
h
e
i
r
p
u
b
l
i
c
d
u
t
i
e
s
.
3
Conflict of Interest
A real or seeming incompatibility
between one’s private interests
and one’s public or fiduciary duties.
~ Black’s Law Dictionary, Eighth Edition
4
Commission Jurisdiction
(2 years)
Public Officers
Public Employees
State Legislators
Exceptions
Former Public Officers and Employees
Exceptions:
Judicial Officers
Advisory Board Members
5
Nevada Commission on Ethics
Interprets and provides guidance on the
statutory provisions of NRS 281A - the Ethics
in Government Law
(First-Party Requests for
Opinion)
Investigates and adjudicates complaints from
public officers, public employees and the
public
(Third-Party Requests for Opinion)
Accepts certain written disclosures
6
Personal Interests:
“Pecuniary” (NRS 281A.139)
“Commitments in a Private Capacity”
(NRS 281A.065)
Family/Relatives
Employers
Business Interests
Household Members
Substantially Similar Relationships
Fiduciary Positions – Nonprofit Boards of Directors
7
P
R
O
H
I
B
I
T
E
D
C
O
N
D
U
C
T
-
Gifts
-
Improper Use of Public Position:
-
Unwarranted Benefits
-
Improper Contracts/Employment
-
Additional Compensation From Private Source
-
Using/Suppressing Nonpublic Government Info
-
Use of Governmental Property/Resources
-
Influencing Subordinate – Personal Benefit
-
Honoraria
-
Government Resources – Ballot Question/Candidate
8
P
R
O
H
I
B
I
T
E
D
C
O
N
D
U
C
T
GIFTS…
(Improper Influence)
NRS 281A.400(1)
9
P
R
O
H
I
B
I
T
E
D
C
O
N
D
U
C
T
IMPROPER USE OF POSITION
Unwarranted Benefits
10
NRS 281A.400(2)
P
R
O
H
I
B
I
T
E
D
C
O
N
D
U
C
T
IMPROPER USE OF POSITION
Improper Contracts/Employment
(Negotiating/Entering)
11
NRS 281A.400(3,10); 281A.430
P
R
O
H
I
B
I
T
E
D
C
O
N
D
U
C
T
IMPROPER USE OF POSITION
Additional Compensation – Private Source
12
NRS 281A.400(4)
P
R
O
H
I
B
I
T
E
D
C
O
N
D
U
C
T
IMPROPER USE OF POSITION
Using/Suppressing Non-public Government Information
13
NRS 281A.400(5,6)
P
R
O
H
I
B
I
T
E
D
C
O
N
D
U
C
T
IMPROPER USE OF POSITION
Using Government Resources
14
NRS 281A.400(7)
P
R
O
H
I
B
I
T
E
D
C
O
N
D
U
C
T
IMPROPER USE OF POSITION
Influencing Subordinate
15
NRS 281A.400(9)
P
R
O
H
I
B
I
T
E
D
C
O
N
D
U
C
T
Honoraria for performing your public duty.
Causing a governmental entity to make an
expenditure to support or oppose a ballot
question or candidate (during period between
candidate filing and election).
NRS 281A.510 and 281A.520
16
“Cooling-Off” Prohibitions
One-year cooling off period to seek or accept
employment or certain private
representations after leaving public service
(certain exceptions)
(NRS 281A.550(3) and (5) and 281A.410)
Relief
may
be granted from the strict
application of certain prohibitions
.
(NRS
281A.550(6))
17
NRS 281A.410 and 281A.550(3)(5)(6)
D
i
s
c
l
o
s
u
r
e
a
n
d
A
b
s
t
e
n
t
i
o
n
f
o
r
P
u
b
l
i
c
O
f
f
i
c
e
r
s
a
n
d
E
m
p
l
o
y
e
e
s
Walking the Disclosure & Abstention tightrope
Disclosures
D
i
s
c
l
o
s
u
r
e
i
s
m
a
n
d
a
t
o
r
y
f
o
r
a
n
y
i
n
t
e
r
e
s
t
c
r
e
a
t
e
d
b
y
:
A gift or loan
A
substantial*
pecuniary interest
A “commitment in a private capacity”
D
i
s
c
l
o
s
u
r
e
m
u
s
t
b
e
m
a
d
e
a
t
t
h
e
t
i
m
e
t
h
e
m
a
t
t
e
r
i
s
c
o
n
s
i
d
e
r
e
d
.
S
u
f
f
i
c
i
e
n
t
t
o
I
n
f
o
r
m
P
u
b
l
i
c
–
N
a
t
u
r
e
a
n
d
S
c
o
p
e
NRS 281A.420(1)
19
Disclosure – Public Employees
T
o
s
u
p
e
r
v
i
s
o
r
y
h
e
a
d
o
f
o
r
g
a
n
i
z
a
t
i
o
n
S
u
f
f
i
c
i
e
n
t
t
o
i
n
f
o
r
m
p
u
b
l
i
c
20
Voting & Abstention
A
b
s
t
e
n
t
i
o
n
i
s
r
e
q
u
i
r
e
d
o
n
l
y
i
n
c
l
e
a
r
c
a
s
e
s
w
h
e
r
e
t
h
e
i
n
d
e
p
e
n
d
e
n
c
e
o
f
j
u
d
g
m
e
n
t
o
f
a
r
e
a
s
o
n
a
b
l
e
p
e
r
s
o
n
i
n
t
h
e
p
u
b
l
i
c
o
f
f
i
c
e
r
’
s
s
i
t
u
a
t
i
o
n
w
o
u
l
d
b
e
m
a
t
e
r
i
a
l
l
y
a
f
f
e
c
t
e
d
.
This determination should be made by the
public officer and explained
on the record
.
NRS 281A.420(4)
21
Voting & Abstention
V
o
t
i
n
g
i
s
p
r
e
s
u
m
e
d
p
e
r
m
i
s
s
i
b
l
e
i
f
t
h
e
r
e
s
u
l
t
i
n
g
b
e
n
e
f
i
t
/
d
e
t
r
i
m
e
n
t
t
o
t
h
e
p
u
b
l
i
c
o
f
f
i
c
e
r
(
o
r
c
o
m
m
i
t
t
e
d
p
e
r
s
o
n
)
i
s
n
o
g
r
e
a
t
e
r
t
h
a
n
t
h
e
b
e
n
e
f
i
t
/
d
e
t
r
i
m
e
n
t
t
o
a
n
y
o
n
e
e
l
s
e
a
f
f
e
c
t
e
d
b
y
t
h
e
m
a
t
t
e
r
.
NRS 281A.420(4)
22
Penalties
T
h
e
C
o
m
m
i
s
s
i
o
n
i
s
a
u
t
h
o
r
i
z
e
d
t
o
i
m
p
o
s
e
c
i
v
i
l
p
e
n
a
l
t
i
e
s
f
o
r
w
i
l
l
f
u
l
v
i
o
l
a
t
i
o
n
s
o
f
t
h
e
E
t
h
i
c
s
i
n
G
o
v
e
r
n
m
e
n
t
L
a
w
.
.
Mitigating factors
NRS 281A.475, 281A.480 and 281A.170
23
Penalties:
Monetary sanctions & referral for removal from office
Not to exceed
$5,000
for a first willful
violation;
Not to exceed
$10,000
for a separate act or
event that constitutes a second willful violation;
and
Not to exceed
$25,000
for a separate act or
event that constitutes a third willful violation.
Referral for removal
from position of trust.
The Commission must consider comparable situations in a
comparable manner and ensure the disposition of a matter bears
a reasonable relationship to the severity of the violation.
NRS 281A.475 and 281A.480
24
SAFE HARBOR PROVISIONS
N
o
w
i
l
l
f
u
l
v
i
o
l
a
t
i
o
n
I
F
:
(a) The public officer or employee relied in
good faith
upon the
advice
of the legal counsel
retained by his or her the public body, agency or
employer:
a
n
d
(b) The legal advice was:
Provided before conduct; and
Not contrary to prior published opinion on Commission
website.
25
Recent Legislation
79
th
(2017) Legislative Session
SB 84 (NCOE, Sponsored by Governor)
Other Penalties
Deferral Agreements
26
Commission Opinions & Other
Resources
Resources and Opinions of the Nevada
Commission on Ethics are indexed on the
NCOE website:
www.ethics.nv.gov
(New website!)
27
N
e
v
a
d
a
C
o
m
m
i
s
s
i
o
n
o
n
E
t
h
i
c
s
Website:
www.ethics.nv.gov
ynevarez@ethics.nv.gov
Y
v
o
n
n
e
M
.
N
e
v
a
r
e
z
-
G
o
o
d
s
o
n
E
x
e
c
u
t
i
v
e
D
i
r
e
c
t
o
r
D
i
r
e
c
t
L
i
n
e
:
7
7
5
-
6
8
7
-
4
3
1
2
28
Nevada Commission on Ethics
704 W. Nye Lane, Suite 204
Carson City, NV 89703
775- 687-5469 (Office)
775-687-1279 (Fax)
Nevada Commission on Ethics, established to enhance public trust in government, interprets and enforces ethics laws to prevent conflicts of interest among public officers and employees. The Commission consists of 8 members and staff, handling jurisdiction over public officers, employees, and state legislators, with a focus on personal interests and prohibited conduct.
Download Presentation
Please find below an Image/Link to download the presentation.
The content on the website is provided AS IS for your information and personal use only. It may not be sold, licensed, or shared on other websites without obtaining consent from the author.If you encounter any issues during the download, it is possible that the publisher has removed the file from their server.
You are allowed to download the files provided on this website for personal or commercial use, subject to the condition that they are used lawfully. All files are the property of their respective owners.
The content on the website is provided AS IS for your information and personal use only. It may not be sold, licensed, or shared on other websites without obtaining consent from the author.
E N D
Presentation Transcript
Nevada Ethics in Government Law Presented by: Yvonne M. Nevarez-Goodson, Esq. Executive Director Nevada Commission on Ethics
What is the Nevada Commission on Ethics? The Commission The Ethics Commission consists of 8 members appointed to serve 4-year terms 4 members appointed by the Governor 4 members appointed by the Legislative Commission. Staff The state-wide staff to the Commission consists of an Executive Director, Commission Counsel, Associate Counsel, Investigator, Paralegal and an Executive Assistant. 2
Nevada Commission on Ethics OUR MISSION To enhance the public s faith and confidence in government and uphold the public trust by ensuring that public officers and public employees commit themselves to avoiding conflicts between their private interests and their public duties. 3
Conflict of Interest A real or seeming incompatibility between one s private interests and one s public or fiduciary duties. ~ Black s Law Dictionary, Eighth Edition 4
Commission Jurisdiction (2 years) Public Officers Public Employees State Legislators Exceptions Former Public Officers and Employees Exceptions: Judicial Officers Advisory Board Members 5
Nevada Commission on Ethics Interprets and provides guidance on the statutory provisions of NRS 281A - the Ethics in Government Law (First-Party Requests for Opinion) Investigates and adjudicates complaints from public officers, public employees and the public (Third-Party Requests for Opinion) Accepts certain written disclosures 6
Personal Interests: Pecuniary (NRS 281A.139) Commitments in a Private Capacity (NRS 281A.065) Family/Relatives Employers Business Interests Household Members Substantially Similar Relationships Fiduciary Positions Nonprofit Boards of Directors 7
PROHIBITED CONDUCT - Gifts - Improper Use of Public Position: Unwarranted Benefits Improper Contracts/Employment Additional Compensation From Private Source Using/Suppressing Nonpublic Government Info Use of Governmental Property/Resources Influencing Subordinate Personal Benefit Honoraria Government Resources Ballot Question/Candidate - - - - - - - - 8
PROHIBITED CONDUCT GIFTS (Improper Influence) NRS 281A.400(1) 9
PROHIBITED CONDUCT IMPROPER USE OF POSITION Unwarranted Benefits NRS 281A.400(2) 10
PROHIBITED CONDUCT IMPROPER USE OF POSITION Improper Contracts/Employment (Negotiating/Entering) NRS 281A.400(3,10); 281A.430 11
PROHIBITED CONDUCT IMPROPER USE OF POSITION Additional Compensation Private Source NRS 281A.400(4) 12
PROHIBITED CONDUCT IMPROPER USE OF POSITION Using/Suppressing Non-public Government Information NRS 281A.400(5,6) 13
PROHIBITED CONDUCT IMPROPER USE OF POSITION Using Government Resources NRS 281A.400(7) 14
PROHIBITED CONDUCT IMPROPER USE OF POSITION Influencing Subordinate NRS 281A.400(9) 15
PROHIBITED CONDUCT Honoraria for performing your public duty. Causing a governmental entity to make an expenditure to support or oppose a ballot question or candidate (during period between candidate filing and election). NRS 281A.510 and 281A.52016
Cooling-Off Prohibitions One-year cooling off period to seek or accept employment or certain private representations after leaving public service (certain exceptions) (NRS 281A.550(3) and (5) and 281A.410) Relief may be granted from the strict application of certain prohibitions. (NRS 281A.550(6)) NRS 281A.410 and 281A.550(3)(5)(6) 17
Disclosure and Abstention for Public Officers and Employees Walking the Disclosure & Abstention tightrope
Disclosures Disclosure is mandatory for any interest created by: A gift or loan A substantial* pecuniary interest A commitment in a private capacity Disclosure must be made at the time the matter is considered. Sufficient to Inform Public Nature and Scope NRS 281A.420(1) 19
Disclosure Public Employees To supervisory head of organization Sufficient to inform public 20
Voting & Abstention Abstention is required only in clear cases where the independence of judgment of a reasonable person in the public officer s situation would be materially affected. This determination should be made by the public officer and explained on the record. NRS 281A.420(4)21
Voting & Abstention Voting is presumed permissible if the resulting benefit/detriment to the public officer (or committed person) is no greater than the benefit/detriment to anyone else affected by the matter. NRS 281A.420(4) 22
Penalties The Commission is authorized to impose civil penalties for willful violations of the Ethics in Government Law.. Mitigating factors NRS 281A.475, 281A.480 and 281A.170 23
Penalties: Monetary sanctions & referral for removal from office Not to exceed $5,000 for a first willful violation; Not to exceed $10,000 for a separate act or event that constitutes a second willful violation; and Not to exceed $25,000 for a separate act or event that constitutes a third willful violation. Referral for removal from position of trust. The Commission must consider comparable situations in a comparable manner and ensure the disposition of a matter bears a reasonable relationship to the severity of the violation. NRS 281A.475 and 281A.480 24
SAFE HARBOR PROVISIONS No willful violation IF: (a) The public officer or employee relied in good faith upon the advice of the legal counsel retained by his or her the public body, agency or employer: and (b) The legal advice was: Provided before conduct; and Not contrary to prior published opinion on Commission website. 25
Recent Legislation 79th (2017) Legislative Session SB 84 (NCOE, Sponsored by Governor) Other Penalties Deferral Agreements 26
Commission Opinions & Other Resources Resources and Opinions of the Nevada Commission on Ethics are indexed on the NCOE website: www.ethics.nv.gov (New website!) 27
Nevada Commission on Ethics Nevada Commission on Ethics 704 W. Nye Lane, Suite 204 Carson City, NV 89703 775- 687-5469 (Office) 775-687-1279 (Fax) Yvonne M. Nevarez-Goodson Executive Director Direct Line: 775-687-4312 Website: www.ethics.nv.gov ynevarez@ethics.nv.gov 28
