US Laws, Codes, Statutes & Cases

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 until the date on which the voters approve a constitutional amendment establishing an intermediate court of appeals.]

NRS 281.010            Elected and appointed officers. [Effective on the date on which the voters approve a constitutional amendment establishing an intermediate court of appeals.]

NRS 281.020            State officers to receive commissions from Governor.

NRS 281.030            Official oath: Endorsement on commission or certificate of 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 40-hour workweeks and remain open during certain hours; exception; variable schedules for workweek.

COMPENSATION OF OFFICERS AND EMPLOYEES

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

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 temporarily disabled police officers and firefighters: 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.

NRS 281.1571          Commission to Review Compensation: Creation; composition.

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.

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 TRAVEL AND SUBSISTENCE

NRS 281.171            Account for Travel Advances: Creation; use; duties of State Treasurer.

NRS 281.172            Application; approval by administrative head or State Treasurer; 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; replenishment of account from which advance was made.

NRS 281.1745          Cash advance when reimbursement may be delayed.

NRS 281.175            Regulations of State Treasurer.

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. [Effective through June 30, 2009.]

NRS 281.210            Officers of State, political subdivision and Nevada System of Higher Education prohibited from employing relatives; exceptions; penalties. [Effective July 1, 2009.]

NRS 281.221            Contracts in which state officer has interest prohibited; exceptions; penalties.

NRS 281.230            Unlawful commissions, personal profit and compensation of public officers and employees; penalties; payment of commission, profit or compensation to public employer.

NRS 281.236            Employment of certain former public officers and employees by regulated businesses prohibited; determination by Commission on Ethics.

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 of aged, blind or disabled prohibited.

NRS 281.405            Lien against public officer or employee: Validity; “lien” defined.

ETHICS IN GOVERNMENT

General Provisions

NRS 281.411            Short title.

NRS 281.421            Legislative declaration and findings.

NRS 281.431            Definitions.

NRS 281.432            “Business entity” defined.

NRS 281.4323          “Candidate” defined.

NRS 281.4325          “Commission” defined.

NRS 281.4327          “Compensation” defined.

NRS 281.433            “Decision” defined.

NRS 281.4333          “Executive Director” defined.

NRS 281.434            “Household” defined.

NRS 281.4345          “Legislative function” defined.

NRS 281.435            “Member of the executive branch” defined.

NRS 281.4355          “Member of the legislative branch” defined.

NRS 281.4357          “Panel” defined.

NRS 281.436            “Public employee” defined.

NRS 281.4365          “Public officer” defined.

NRS 281.4375          “Willful violation” defined.

 

Commission on Ethics

NRS 281.455            Creation; appointment, terms and qualifications of members; prohibited activities by members; vacancies.

NRS 281.461            Chairman; meetings; compensation; facilities.

NRS 281.462            Panels: Appointment; members; review and final determination of just and sufficient cause; disqualification of members from participation in further proceedings in matter.

NRS 281.463            Executive Director: Appointment; qualifications; classification; prohibited activities and other employment.

NRS 281.4635          Executive Director: Duties; employment of staff.

NRS 281.464            Commission Counsel: Appointment; qualifications; classification; prohibited activities and other employment.

NRS 281.4645          Commission Counsel: Duties; legal advice; appointment or employment of other counsel by Commission under certain circumstances.

NRS 281.4647          Assessment for administrative costs: Determination; payment by certain cities and counties; use of proceeds; collection.

NRS 281.465            Jurisdiction.

NRS 281.471            Duties of Commission; inclusion of annotations of abstracts and opinions of Commission in Nevada Revised Statutes.

NRS 281.475            Oaths; written requests and subpoenas for attendance and production of books and papers.

NRS 281.477            Public hearing on request for opinion as to whether person committed act to impede success of political campaign: Request; notice; response; continuance; actions of Commission; judicial review of final opinion. [Repealed.]

 

Code of Ethical Standards

NRS 281.481            General requirements; exceptions.

NRS 281.491            Additional standards: Representation and counseling of private person before public agency; disclosure required.

NRS 281.501            Additional standards: Voting by public officers; disclosures required of public officers and employees; effect of abstention from voting on quorum; Legislators authorized to file written disclosure.

NRS 281.505            Contracts in which public officer or employee has interest prohibited; exceptions.

NRS 281.511            Rendering of opinions by Commission: Requests; determination of just and sufficient cause; notice and hearings; confidentiality.

NRS 281.515            Legal defense of public officer or employee in proceedings relating to opinion requests.

NRS 281.521            Opinions of Commission may include guidance to public officer or employee; restrictions.

NRS 281.541            Specialized or local ethics committee: Establishment; functions; confidentiality.

NRS 281.551            Commission authorized to impose civil penalties; filing by Commission of report or proceeding concerning willful violation committed by public officer; circumstance in which violation not deemed willful; effect of code upon criminal law; judicial review; burden of proof.

 

Miscellaneous Provisions

NRS 281.552            Acknowledgment of statutory ethical standards: Filing; retention; penalty for willful refusal to file.

NRS 281.553            Public officer or employee prohibited from accepting or receiving honorarium; “honorarium” defined; penalty.

NRS 281.554            Public officer or employee prohibited from requesting or otherwise causing governmental entity to incur expense or make expenditure to support or oppose ballot question or candidate in certain circumstances.

NRS 281.555            Purchase of goods or services by local government from member of governing body not unlawful or unethical; conditions.

NRS 281.557            Governmental grant, contract or lease and certain actions taken in violation of chapter are voidable; prohibited contract is void; recovery of benefit received as result of violation.

 

Financial Disclosure Statement

NRS 281.559            Filing by certain appointed public officers with Commission; Commission to notify Secretary of State of public officers who fail to file or fail to file in timely manner; date on which statement deemed filed.

NRS 281.561            Filing by certain candidates for public office and certain elected public officers with Secretary of State; date on which statement deemed filed; form; regulations.

NRS 281.571            Contents; distribution of forms; costs related to production and distribution of forms.

NRS 281.573            Retention by Commission or Secretary of State.

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

NRS 281.575            Candidates for public office to receive form and instructions for completion of form.

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.

_________

 

DEFINITIONS

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

      1.  Except as limited for the purposes of NRS 281.411 to 281.581, inclusive, “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 until the date on which the voters approve a constitutional amendment establishing an intermediate court of appeals.]

      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 his 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 his county if a county comptroller has not been appointed in his 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 on the date on which the voters approve a constitutional amendment establishing an intermediate court of appeals.]

      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) 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 his 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, effective on the date on which the voters approve a constitutional amendment establishing an intermediate court of appeals)

      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.

      1.  The official oath, except in the cases specified in NRS 218.090, 223.030 and 224.030, shall be endorsed on the commission or certificate of election of the officer and signed by him, 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 his 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 218.090, 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]

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

      2.  If a candidate who has filed for elective office moves his residence out of the State, county, district, ward, subdistrict or any other unit prescribed by law for which he is a candidate and in which he 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 his residence for the purposes of this section if:

      (a) He has acted affirmatively to remove himself from one place; and

      (b) He 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 he declares to be his principal permanent habitation when filing a declaration or affidavit pursuant to NRS 293.177 or 293C.185 shall be deemed to be his 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 his 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 his principal.

      [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, he 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 his employment, 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, he 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 40-hour workweeks and remain open during certain hours; exception; variable schedules for workweek.

      1.  Unless required for the efficient transaction of business and the convenience of the persons with whom business is transacted, the offices of all state officers, departments, boards, commissions and agencies must:

      (a) Maintain not less than a 40-hour workweek.

      (b) Be open for the transaction of business at least from 8 a.m. until 12 p.m. and from 1 p.m. until 5 p.m. every day of the year, with the exception of Saturdays, Sundays and legal holidays.

      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 that are open on the days and during the hours set forth in paragraph (b) of subsection 1 must remain open during the noon hour of each working day if any such office has more than one person on its staff.

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

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 Department of Personnel, and salary checks as approved by the State Controller must be issued 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)

      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 his duties is entitled to receive from his employer each quarter an allowance which is equal to one-fourth of the cost of the uniform he 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 he 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 he 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 he 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 his agency to the Governor who shall review and transmit them with his 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 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 he 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 he may be required by law to perform.

      (b) For teaching during off-duty hours in an educational program sponsored by a governmental authority if he 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 of his entering upon the duties of his 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.  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 his duties, upon his request, to serve under orders without loss of his 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.

      (Added to NRS by 1981, 527)

      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 his duties, upon the request of the American National Red Cross and the approval of his employer, 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 his 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 his 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 his employer, 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 his 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 his 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 temporarily disabled police officers and firefighters: 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 his 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 he 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 his 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 his physical restrictions or limitations and receive his normal salary during the period of his 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 his 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 his 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 his normal salary pursuant to subsection 1, he accrues sick leave, annual leave and retirement benefits at the same rate at which he 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 his 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 his property or that of his 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 his employing public entity, 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.  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 281.1571  Commission to Review Compensation: Creation; composition.

      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 Chairman 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 281.1572  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 his 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 he 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 Chairman shall call meetings of the Commission as often as he 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.

      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)

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 or 5, or by specific statute, any 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, is entitled to receive his expenses in the transaction of public business outside of the municipality or other area in which his principal office is located, to be paid at the rate of $84 for each 24-hour period during which he is away from the office and within the State, and $26 in addition to a reasonable room rate for each 24-hour period during which he is 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 conforming generally to those rates.

      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 his 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, on or before July 1 of each year, 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 annual 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 his 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 specified in subsection 1 where unusual circumstances make that rate desirable.

      [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)

      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 his 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 his 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 his new location.

      2.  If an employee who has been reimbursed pursuant to paragraph (c) of subsection 1 voluntarily terminates his employment within 1 year after beginning work, he 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 his employment, the amount of the repayment required by this subsection.

      3.  Maximum allowances for weight, travel and subsistence for the employee and his 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 he 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 TRAVEL AND SUBSISTENCE

      NRS 281.171  Account for Travel Advances: Creation; use; duties of State Treasurer.

      1.  The Account for Travel Advances is hereby created. Money in the Account must be used by the State Treasurer to provide advance money to state officers and employees for travel expenses and subsistence allowances.

      2.  The State Treasurer shall deposit the money in the Account in a bank or credit union qualified to receive deposits of public money, and the deposit must be secured by collateral satisfactory to the State Board of Examiners.

      3.  The State Treasurer or any of his officers or employees whom he has designated for this purpose may sign all checks and warrants drawn upon the Account.

      (Added to NRS by 1959, 304; A 1961, 17; 1975, 167; 1979, 103; 1989, 311; 1999, 1466)

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

      1.  Any state officer or employee may apply for advance money for authorized travel expenses and subsistence allowances arising out of his official duties or employment in the amounts as provided for in NRS 281.160 by filing a request with the administrative head of the state office, department or agency by which he is employed.

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

      5.  Upon receiving a copy of the request and approval from the administrative head or his designee, the State Treasurer or one of his officers or employees whom he has designated for the purpose may issue a check or warrant drawn upon the Account for Travel Advances for the amount of the advance requested.

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

      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 his designee or the State Treasurer, 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 his designee or the State Treasurer may, in his discretion, advance more than the amount of the accrued wages of the officer or employee.

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

      NRS 281.174  Payment for amount in excess of advance; replenishment of account from which advance was made.

      1.  Upon the return of the officer or employee, he is entitled to receive any authorized expenses and subsistence allowances in excess of the amount advanced, and a sum equal to the advance must be paid into the account from which the advance was made.

      2.  If an advance is not repaid, the administrative head or his designee or the State Treasurer may file a claim with the State Board of Examiners for money to replenish the account from which the advance was made. If the State Board approves the claim it must be paid from the Reserve for Statutory Contingency Account.

      3.  If an officer or employee of an agency terminates his employment after he receives a payment from the Account for Travel Advances but before repayment to the Account, the State Treasurer may collect from the agency the amount advanced.

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

      NRS 281.1745  Cash advance when reimbursement may be delayed.  When an officer or employee receives a cash advance for travel from the State Treasurer or uses a charge card issued at the request of the State for cash advances or travel expenses, or both, and the receipt of his 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 his designee shall immediately issue to the officer or employee, for payment to the State Treasurer or 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 cash advance made by the State Treasurer or the total travel expenses charged on the charge card, whichever is applicable.

      (Added to NRS by 1997, 1288)

      NRS 281.175  Regulations of State Treasurer.  The State Treasurer may make reasonable rules and regulations to carry out the provisions of NRS 281.171 to 281.175, inclusive.

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

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 his official acts in relation thereto in a book to be provided by him 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 his 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 he is appointed or elected, or after he has resigned, or when legally removed from office, willfully or unlawfully withholds or detains from his successor, or other person entitled thereto by law, the records, papers, documents or other writings pertaining or belonging to his 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 the records, documents, papers or other writings in his possession, 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 his exclusive or routine use in carrying out the duties of his 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. [Effective through June 30, 2009.]

      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 blind officers and employees of the Bureau of Services to the Blind and 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.

      (e) To relatives of a member of a town board of a town whose population is less than 300.

      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; 2003, 289, 306, 1131)

      NRS 281.210  Officers of State, political subdivision and Nevada System of Higher Education prohibited from employing relatives; exceptions; penalties. [Effective July 1, 2009.]

      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 blind officers and employees of the Bureau of Services to the Blind and 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, effective July 1, 2009)

      NRS 281.221  Contracts in which state officer has interest prohibited; exceptions; penalties.

      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 him or to be a purchaser or interested in any purchase under a sale made by him in the discharge of his 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 his business, goods, materials or services to any state or local agency, except the board or commission of which he is a member, if he has not taken part in developing the contract plans or specifications and he 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, he has not taken part in developing the contract plans or specifications and he 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 office.

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

      NRS 281.230  Unlawful commissions, personal profit and compensation of public officers and employees; penalties; payment of commission, profit or compensation to public employer.

      1.  Except as otherwise provided in this section and NRS 218.605, 281.555 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 business, bid on or enter into a contract with any governmental agency, except the board or commission of which he is a member, if he has not taken part in developing the contract plans or specifications and he 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, he has not taken part in developing the contract plans or specifications and he 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 281.501, shall disclose his 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 $250 or more, for a category D felony as provided in NRS 193.130.

      (b) Where the commission, personal profit or compensation is less than $250, for a misdemeanor.

      6.  A person who violates the provisions of this section shall pay any commission, personal pr