SB 129 — Makes various changes relating to ethics in government. (BDR 23-191)

Second, with regard to the limited-use exceptions that apply to public officers and employees other than Legislators, one of the existing requirements for thecersthe exceptions is that the public officer or employee who is responsible for and has authority to authorize the limited use for personal purposes must have established a policy allowing the limited use.

Section 32 of this bill clarifies the exception by providing that the limited use must be authorized by a written policy which was adopted before the limited use occurs.

authorized by a written policy which was Finally, with regard to the limited-use exceptions that apply to Legislators and other public officers and employees, one of the existing requirements for the exceptions is that the limited use for personal purposes must not create the appearance of impropriety.

Section 32 of this bill defines the term “appearance of impropriety” to mean a reasonable person would find, based on the given set of facts and circumstances, that the limited use for personal purposes is inappropriate, of disproportionate, excessive or unreasonable under that given set of facts and circumstances.

With certain exceptions, the Ethics Law prohibits public officers and employees from acting upon a matter in which their personal or private interests - *SB129_R1* – 5 – may create potential conflicts of interests unless, at the time the matter isissts considered, they make a disclosure that is sufficient to inform the public of their potential conflicts of interests.

(1) disclose all nonconfidential information and describe the general nature of the protected relationship;

and (2) abstain from acting upon the matter.lmatter. nature of the The Ethics Law allows certain public officers to represent or counsel private persons for compensation before state or local agencies in which they do not serve.

persons for compensation before state or local agencies in which they do not serve.

employeesWith fromcertain biddingexceptions, onthe orEthics enteringLaw intoprohibits governmentpublic contractsofficers betweenand any business entities in which they have a significant pecuniary interest and any state or local agencies.

(NRS 281A.430) Section 35 of this bill revises the contracting prohibition to provide that, with certain exceptions, public officers and employees cannot, directly or through a third party, negotiate, bid on, enter into, perform, modify or renew any businessgovernment entitiescontracts inbetween: which they have a significant pecuniary interest;

and(1) (2)the anpublic agencyofficers inand whichemployees they serve or an agency that has any connection,business relationentities orin affiliationwhich withthey anhave agencya insignificant whichpecuniary theyinterest; serve.

and (2) an affiliation with an agency in which they serve.

With certain exceptions, the Ethics Law prohibits public officers and employees from accepting or receiving an honorarium to make a speech or - *SB129_R2* – 5 – appearance in their official capacity but allows:

(1) the payment of costs incurred by a public officer or employee, his or her aide or his or her spouse for transportation, lodging and meals while away from the public officer’s or employee’s residence to make such a speech or appearance;

The Ethics Law prohibits certain former public officers and employees, for a 1- year “cooling-off” period after the termination of their public service ororfor a 1- employment, from soliciting or accepting private employment from any entities regulated or awarded certain contracts by the agencies that employed the former public officers and employees.

However, the Ethics Law also allows the Commission to grant relief from the strict application of the prohibition in specified and former public officers and management-level public employees are subject torent the “cooling-off” period both during and after their public service or employment and cannot solicit or accept private employment from such entities under similar circumstances.

(NRS 281A.550) Section 38 alsoof this bill provides that the “cooling-off” period applies when certain current and former public officers and management-level public employees are orsubject wereto materiallythe -“cooling-off” *SB129_R1*period –both 6during –and involvedafter intheir thepublic implementation,service managementor employment and cannot solicit or administrationaccept ofprivate certainemployment contractsfrom awardedsuch byentities theirunder employingsimilar agencies.circumstances.

Section 38 also provides that the “cooling-off” period applies when involved in the implementation, management or administration of certain contracts awarded by their employing agencies.

(NRS 281A.500) Section 11.5 of this bill requires the appropriate appointing authorities and officersadministrative withinofficials theirat purview who must file the writtenstate acknowledgmentand oflocal theoflevel theto: public statutory ethical standards;

(1) compile a list of the public officers within their purview who must file the written acknowledgment of the Under existing law, these same appointing authorities and (2)administrative officials must compile and submit thea similar list annually to the Commission.Secretary of State concerning public officers who must file financial disclosure statements with the Secretary of State.

Under existing law, these same appointing authorities and administrative officials must compile and submit a similar list annually to the Secretary of State concerning public officers who must file financial disclosure statements with the Secretary of State.

(NRS 281A.665-281A.790) Sections 3, 4, 14, 16, 17, 19-22, 28 and 39-62 of this bill makUndermake thevarious Ethicschanges Law, the Commission issues opinions interpreting the statutory ethical standards and applying those standards to athese givenexisting setprovisions. of facts and circumstances.

statutory ethical standards and applying those standards to a given set of facts and circumstances.

Schopler, Annotation, Applicability of Stare Decisis Doctrine to Decisions of Administrative AdministrativeAgencies, Law79 §A.L.R.2d 3601126 (Westlaw§§ 2019))&4-7 (1961 & Westlaw 2019);

2d SectionAdministrative 4Law of§ this360 bill(Westlaw defines2019)) “published opinion” as an opinion issued by the Commission that is publicly available on the Internet website of the Commission.Commission.e Section 39 of this bill codifies existing legal principles by stating that the Commission’s published opinions constitute administrative precedents with persuasive value.

SectionSections 29 and 39 of this bill codifiesmove existingand legalrecodify principleswithin bythe stating- *SB129_R2* – 6 – Ethics Law the existing provision that directs the Legislative Counsel to prepare annotations of the Commission’s published opinions constitutefor administrativeinclusion precedentsin withNRS. persuasive value.

SectionsThe 29 and 39 of this bill move and recodify within the Ethics Law theauthorizes existingpublic provisionofficers thatand directsemployees the Legislative Counsel to preparefile annotationswith of the Commission’sCommission publishedrequests opinions for inclusionadvisory inopinions NRS.to:

The(1) Ethicsseek Lawguidance authorizesrelating public officers and employees to file with the propriety of their own past, present or future conduct under the statutory ethical standards;

(NRS 281A.675) Section 41 of this bill authorizes the supervisory head or the legal counsel of a public body, agency or employer to file with the Commission a request for an advisory opinion to seek guidance relating to thethehe application of the statutory ethical standards to a hypothetical or general set of facts and circumstances involving one or more particular positions with the public body, agency or employer.

If the requester properly files a request for an advisory opinion, the Ethics Law requires the Commission to render an advisory opinion in the matter within ahicsa Law certain time limit after receiving the request, unless the requester waives the time limit.

(NRS 281A.680) Sections 28 and 42 of this bill revise the Commission’s Ethics Law, the Commission generally has jurisdiction andover proceduresethics regardingcomplaints afiled requestor forinitiated anwithin advisory2 opinion.years after the alleged violation or reasonable discovery of the alleged violation.

Under the Ethics Law, the Commission generally has jurisdiction over ethics complaints filed - *SB129_R1* – 7 – or initiated within 2 years after the alleged violation or reasonable discovery of the alleged violation.

Section 42 allows the Commission to stay or dismiss the proceedings concerning the request for an advisory opinion under certain circumstances when an ethics complaint is also filed or pending that involves some or all of the same issues or requiresfacts theand Commissioncircumstances toas render a decision regarding the request for an advisory opinionopinion. within the existing time limit, subject to certain exceptions.

However,Section section 42 providesalso the Commission with more time to prepare the written advisory opinion inwithin the matterexisting bytime requiringlimit, thesubject Commission to issuecertain theexceptions. written advisory opinion within a specified time limit after the decision is rendered.

However,ory section 42 provides the Commission with more time to prepare the written advisory opinion in the matter by requiring the Commission to issue the written advisory opinion within a specified time limit after the decision is rendered.

Section 42 additionally allows the Commission to extend the time limit for good cause, but it must set a specific and reasonable time period for such an extension.

or (2) voluntarily discloses the materials this bill clarifies that any authorization given by the requester is limited to personsthe otherspecific thanmaterials thosethat specifiedthe inrequester authorizes the statute.Commission to disclose.

(NRS 281A.685) Section 43 ofalso thisrevises billthe clarifiesspecified thatpersons anyto authorizationwhom given by the requester ismay limitedvoluntarily todisclose the 43materials alsowithout reviseswaiving the specifiedconfidentiality personsof to whom the requestermaterials. may voluntarily.

Section disclose the materials without waiving the confidentiality of the materials.

(Chapter 241 of NRS) However, under the Ethics Law, the Open Meeting Law does not apply to meetings, hearings, deliberations and actions of the Commission relating to requests for advisory opinions, although the requester of the advisory opinion may file a request with the Commission to hold a public meeting or hearing Commission grants such a request for a public meeting or hearing regarding thethe matter, the matter.Commission must provide public notice of the meeting or hearing and the meeting or hearing must be open to the public and conducted in accordance with the regulations of the Commission, but the meeting or hearing is not subject to specific requirements of the Open Meeting Law.

(NRS- 281A.690)*SB129_R2* Section– 447 of– thisIn billaddition providesto thatrendering ifadvisory theopinions, matter, the Commission mustis providealso publicauthorized noticeby of the meetingEthics orLaw hearing and the meeting or hearing must be open to therender publicopinions andregarding conducted in accordance with the regulationspropriety of the Commission,conduct butof thepublic meetingofficers orand hearingemployees isunder notthe subjectstatutory toethical specificstandards requirementsin ofresponse theto Openethics Meetingcomplaints. Law.

In(NRS addition281A.710) toNot renderinglater advisorythan opinions,45 thedays Commissionafter isreceiving alsoan authorizedethics bycomplaint, the Ethics Law requires the Commission to renderdetermine opinionsinitially regardingwhether it has jurisdiction over the proprietyethics complaint and whether an investigation is warranted in the matter, unless the subject of the ethics complaint waives the time during this initial period, to conduct ofa publicpreliminary officersinvestigation andto employeesobtain underadditional theinformation statutoryconcerning ethicalthe standardsallegations in responsethe ethics complaint to ethicsassist complaints.the Commission in making its initial determination.

(NRS 281A.710) Not later than 45 days after receiving an ethics complaint, the Ethics Law requires the Commission to determine initially whether warranted in the matter, unless the subject of the ethics complaint waives the time limit.

(NRS 281A.715) Section 48 of this bill authorizes the Executive Director, during this initial period, to conduct a preliminary investigation to obtain additional information concerning the allegations in the ethics complaint to assist the Commission in making its initial determination.

(1) allows the Commission to extend the time limit for good cause;cause, but it must set a specific and reasonable time period for such an extension;

Section 48 also allows the Commission to evidencedismiss isan notethics sufficientcomplaint toinitiated warranton anits investigationown inmotion theif matterit butdetermines requiresthat the Commission to issue a letter of caution or instruction in those circumstances.circumstances.res the Under the Ethics Law, if the Commission determines that it has jurisdiction over an ethics complaint and an investigation is warranted, the subject of the ethics complaint is served with a notice of the investigation and provided with an opportunity to submit a response to that notice within a specified time limit.

Under(NRS the281A.720) EthicsSection Law,49 ifof thethis Commissionbill determinesprovides that itthe hasExecutive jurisdictionDirector overmay angrant, ethicsunder complaintcertain andcircumstances, anextensions investigation is warranted, the subject of the ethicstime complaintlimit isto servedsubmit withthe aresponse, noticebut of the investigationExecutive andDirector providedmust withset ana -specific *SB129_R1*and –reasonable 8time –period opportunityfor tosuch submitan aextension. response to that notice.

(NRS 281A.720) As part of the investigation, the Ethics Law permits the Executive Director to secure the subject’s participation, attendance as a witness or production of books and papers under existing procedures.

(NRS 281A.300) Section 49 of this bill clarifies that, regardless of whether the subject submits a response to the investigation, the Executive Director retains the authority during the course of the investigation to secure the subject’s participation, attendance as a witness or production of books andWithinand 70papers daysunder afterthose theexisting Commissionprocedures. directs the Executive Director to investigate an ethics complaint, the Ethics Law requires the Executive Director to present a written recommendation to the review panel regarding the sufficiency of the evidence concerning the ethics complaint, unless the subject waives the time limit.

(NRSWithin 281A.725)70 Sectiondays 50after ofthe thisCommission billdirects allows the presidingExecutive officerDirector ofto theinvestigate reviewan panelethics tocomplaint, grantthe Ethics Law requires the Executive Director extensionsto ofpresent a written recommendation to the timereview limitpanel forregarding goodthe cause.sufficiency of limit.

Within(NRS 15281A.725) daysSection after50 theof Executivethis Directorbill presentsallows the writtenpresiding recommendationofficer toof the review panel, the Ethics Law requires the review panel to determinegrant whether there is just and sufficient cause for the CommissionExecutive toDirector renderextensions Ifof the reviewtime panellimit determinesfor thatgood there is not just and sufficient cause, the Ethics Law requires the review panel to dismiss the matter, but the reviewpresiding panelofficer maymust issueset a confidentialspecific letterand ofreasonable cautiontime orperiod instructionfor tosuch thean subjectextension. as part of the dismissal.

IfWithin the15 reviewdays panelafter determinesthe thatExecutive thereDirector ispresents justthe andwritten sufficientrecommendation causeto but reasonably believes that the conductreview atpanel, issue may be appropriately addressed through additional training or other corrective action, the Ethics Law authorizesrequires the review panel to approvedetermine awhether deferralthere agreementis betweenjust theand Executivesufficient Directorcause andfor the subjectCommission to deferrender furtheran proceedingsopinion inregarding the matterethics undercomplaint, unless the termssubject andwaives conditions of the deferraltime agreement.limit.

If the subjectreview compliespanel withdetermines thethat termsthere is not just and conditionssufficient ofcause, the complyEthics withLaw requires the termsreview andpanel conditionsto ofdismiss the deferralmatter, agreement,but the deferralilsreview topanel agreement may beissue vacatedIf andthe furtherreview proceedingspanel conducteddetermines inthat thethere matteris beforejust theand Commission.sufficient cause but reasonablyal.

Ifbelieves that the reviewconduct panelat doesissue notmay believebe thatappropriately aaddressed deferralthrough agreementadditional istraining appropriate or ifother corrective action, the subjectEthics declinesLaw toauthorizes enterthe intoreview suchpanel to approve a deferral agreement,agreement between the EthicsExecutive LawDirector requiresand the reviewsubject panel to referdefer further proceedings in the matter tounder the Commissionterms forand furtherconditions proceedings.of - *SB129_R2* – 8 – the deferral agreement.

(NRSIf 281A.730,the 281A.740)subject Sectioncomplies 51with ofthe thisterms billand providesconditions thatof after the reviewdeferral panelagreement, makes its determination in the matter,matter it must servebe writtendismissed. notice of its determination on the subject.

SectionsHowever, 51if andthe 52subject offails thisto billcomply furtherwith provide that if the reviewterms paneland inconditions itsof writtenthe noticedeferral aagreement, time limit within which the deferral agreement mustmay beifybe developed,vacated butand thefurther reviewproceedings panelconducted mayin grantthe extensionsmatter ofbefore the timeCommission. limit for good cause.

If the review panel does not believe that a deferral agreement is appropriate or if the subject declines to enter into such a deferral agreement, the Ethics Law requires the review panel to refer the matter to the Commission for furSection 51 of this bill provides that after the review panel makes its determination in the matter, it must serve written notice of its determination on the subject.

Sections 51 and 52 of this bill further provide that if the review panel authorizes the development of a deferral agreement, the review panel must specify in its written notice a time limit within which the deferral agreement must be developed, but the review panel may grant extensions of the time limit for good cause, so long as it sets a specific and reasonable time period for such an extension.

The Ethics Law establishes various requirements regarding the adjudication of ethics complaints referred to the Commission for further proceedings.

(NRS(NRSion of 281A.745-281A.760) Sections 3 and 53 of this bill clarify that the parties to the proceedings are:

and (2) the subject of the ethics complaint who has the right to written notice of the hearing, to be represented by legal counsel and to hear the evidence presented to theethe hearing, to Commission and to present his or her own case.

- *SB129_R1* – 9 – The Ethics Law requires the Commission to hold the hearing and render an opinion in the matter within a certain time limit, unless waived by the subject, and the Ethics Law requires the opinion to include findings of fact and conclusions of law.

(NRS 281A.745, 281A.765) Section 53 of this bill requires the Commission to render a decision in the matter within the existing time limit, unless waived by the subject, but section 53 provides the Commission with more time to prepare the written opinion in the matter by requiring the Commission to issue the written 57opinion ofwithin thisa billspecified alsotime clarifylimit that,after in addition to including findings of fact and3 and conclusions of law, the written opinion must otherwise comply with the requirements for a final decision underis Nevada’srendered. Administrative Procedure Act.

Section 53 additionally allows the Commission to extend the time limit for good cause, but it must set a specific and reasonable time period for such an extension.

Sections 53 conclusions of law, the written opinion must otherwise comply with thegs of fact and requirements for a final decision under Nevada’s Administrative Procedure Act.

Section 54 also clarifies that the identity of the confidential requester remains protected if the Executive Director does not intend to present the testimony of the confidential present the testimony of the confidential requester as evidence in the matter,s to section 54 provides that the Executive Director must disclose the name of the confidential requester only as a proposed witness in accordance with the schedule for discovery in the matter.

However,- if*SB129_R2* the– Executive9 Director– intendsUnder tothe presentEthics Law, the testimonysubject of thean confidentialethics requestercomplaint asmay evidencesubmit ina thewritten matter,discovery sectionrequest 54for providesa thatlist theof Executiveproposed Directorwitnesses mustand disclosea thecopy name of theany confidentialmaterials requesterin onlythe asinvestigative afile proposedthat witnessthe inExecutive accordanceDirector withintends theto schedulepresent foras discoveryevidence in the matter.

UnderThe the Ethics Law,Law thealso subjectprovides ofthat anthe ethicsmaterials complaintin maythe submitinvestigative afile writtenare discoveryconfidential, requestexcept forthat a list of proposed witnesses and a copy of any materials inwhich the investigative file that the Executive Director intendspresents to present as evidence in the matter.matter become public records.

The(NRS Ethics281A.755) LawSection also55 providesof thatthis thebill materialsrequires any written discovery request to be submitted in accordance with the investigativewhich filethe areExecutive Director presents as evidence in the matter become publicials records after the Commission takes final action concerning the ethics complaint in a public records.meeting or hearing held under section 56 of this bill.

(NRS 281A.755) Section 55 of thiss bill requires any written discovery request to be submitted in accordance with the schedule for discovery in the matter.

Section 55 also provides that any materials which the Executive Director presents as evidence in the matter become public records after the Commission takes final action concerning the ethics complaint in a public meeting or hearing held under section 56 of this bill.

and (2) any Ethicsdeliberations Lawof does not exempt the Commission’sCommission actionson concerningsuch theinformation ethicsor theevidence. complaint from the Open Meeting Law.

(NRSHowever, 281A.760)the SectionEthics 56Law ofdoes thisnot billexempt generally exempts the Commission’s actions concerning the ethics complaint from the Open Meeting Law.

However,(NRS section281A.760) Section 56 requiresof this bill generally exempts the CommissionCommission’s toactions takeconcerning finalthe ethics complaint from action concerning the ethics complaint in a public meeting or hearing for which the Commission provides public notice and which is open to the public and conducted in accordance with the regulations of the Commission, but the meeting or hearing is not subject to specific requirements of the Open Meeting Law.

(NRS 281A.765- violations281A.790) thatUnder requirethe proofEthics ofLaw, specificthere mentalare elementstwo showingtypes that the subject of anviolations: ethics complaint committed the violations intentionally and knowingly;

and(1) (2)willful other violations that do not require proof of those specific mental elements.elements showing that the subject of an ethics complaint committed the violations intentionally and knowingly;

(NRSand (2) 281A.170) To determine whether violations are willful, the Ethics Law requires the Commission to:

(1) consider a nonexclusive list of aggravating and mitigating - *SB129_R1* – 10 – factors, as well as any other reasonably related factors;

and (2) ensuring when it applies those factors that the disposition of the - *SB129_R2* – 10 – matter bears a reasonable relationship to the severity of the violations.

Section 62 of this bill also clarifies that in determining whether the subject has committed one or more violations, each separate act or event that constitutes a violation must be treated as a separate violation that is cumulative to all other violations, whenever committed, without regard to the sequence of the violations or whether the violations are established in the same or separate proceedings.

Section 62 additionally revises the types of violations that authorize or require the Commission to pursue judicial removal proceedings or to refer the matter to the appropriate House of the Legislature or the appropriate public employer for possible disciplinaryCommission action.may express its official disapproval, reproof or condemnation ofs, the violations by using public admonishment, reprimand or censure depending on the degree of willfulness or severity of the violations.

Finally,(NRS as281A.785) partSection 61 of thethis existingbill remedieseliminates andpublic penalties,admonishment theand Commissioncensure mayas expresspotential itssanctions officialbut disapproval,retains reproof or condemnation of violations by using public admonishment, reprimand oras censure depending on the degreeCommission’s ofmeans willfulnessfor orofficially severityrebuking of the violations.

(NRS 281A.785) Section 61 of this bill eliminates public admonishment and censure as potential sanctions but violations.lic reprimand as the Commission’s means for officially rebuking The Ethics Law prohibits any person from preventing, interfering with or attempting to prevent or interfere with investigations or proceedings or the discovery of violations under the Ethics Law and authorizes the Commission to impose civil penalties and, under certain circumstances, assess against such a person certain attorney’s fees and costs incurred by others as a result of the act.

(2) specify that the Commission has jurisdiction to investigate and take appropriate action regarding the violation in any proceeding commenced within 2 years after the violation or reasonable discovery thereof;

and (3) require the Commission, before taking appropriate action, to provide the person with a written notice of the charges and an opportunity for a hearing in accordance with the regulations of the Commission.

- *SB129_R1* – 11 – Under the Nevada Constitution, each House of the Legislature has certain plenary and exclusive constitutional powers, including powers to discipline members for certain unethical legislative conduct, which may be exercised only by that House and which cannot be usurped, infringed or impaired by the other House or by any other branch of Nevada’s State Government.

(Nev.

Const.

Art.

3, § 1, Hardy, 125 Nev.

285 (2009);

Mason’s Manual of Legislative Procedure §§ 560-.

564 (2010)) Furthermore, under the constitutional doctrines of separation of powers and legislative privilege and immunity, Legislators have the constitutional right to be protected from having to defend themselves, from being held liable and from being questioned or sanctioned by the other branches in administrative or judicial proceedings for speech, debate, deliberation and other actions performed within the sphere of legitimate legislative activity.

(Nev.

Const.

Art.

3, § 1, Art.

4, § 6;

NRS 41.071;

Bogan v.

Scott-Harris, 523 U.S.

44, 54 (1998) (“Absolute legislative activity.’ ” (quoting Tenney v.

Brandhove, 341 U.S.

367, 376 (1951)));

Guinn v.

Legislature (Guinn II), 119 Nev.

460, 472 (2003) (“Under the separation of powers doctrine, individual legislators cannot, nor should they, be subject to fines or other penalties for voting in a particular way.”);

Steiner v.

Superior Court, 58 Cal.

Rptr.

2d 668, 678 n.20 (Cal.

Ct.

App.

1996) (“The California separation of powers provision, however, provides a sufficient ground to protect legislators from punitive action that unduly impinges on their function.”);

Luther S.

Cushing, Elements of the Law & Practice of Legislative Assemblies §§ 601-603 (1856);

1 Joseph Story, Thomas M.

Cooley, A Treatise on Constitutional Limitations 929 (8th ed.

1927)) As a result, under the Ethics Law, the Commission cannot exercise jurisdiction or authority over or inquire into, intrude upon or interfere with the functions of a Legislator that are protected by legislative privilege and immunity.

(NRS 281A.020) Section 14 of this bill provides that if the Commission determines at any time during proceedings concerning an ethics complaint against a Legislator that any allegations in the ethics complaint are within the jurisdiction or authority of the the Commission may authorize the Executive Director to file a complaint with the Legislator’s House alleging a breach of legislative ethical standards under the House’s standing rules.

Sections 14 and 63 of this bill also acknowledge that such a complaint filed with the Legislator’s House and all materials related to the allegations in the complaint are confidential and are not public records, unless those materials become publicly available in a manner authorized by the House’s standing rules.

Chapter 281A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 14,11.5, inclusive, of this act.

- *SB129_R1* – 12 – Sec.

- *SB129_R2* – 11 – Sec.

The statutory ethical standards are cumulative and supplement each other, and the application of any one of the statutory ethical standards to a given set of facts and circumstances does not bar the application of any other of the statutory ethical standards that also apply to the given set of facts andSec.and circumstances.

7.

1.ncesEvery public officer or employee of the State or one of its political subdivisions, regardless of whether he or she is with the Commission in any lawful investigations or proceedingserate of the Commission and furnish information and reasonable assistance to the Commission or its authorized representative, except to the extent that the public officer or employee is entitled to:

(a) Any right, privilege or immunity recognized by law, other than any common-law privilege or immunity abrogated pursuant to NRS 281A.185;

or (b) Any confidentiality or other protection recognized by law.

2.

If a public officer or employee is entitled to any protection pursuant to paragraph (a) or (b) of subsection 1, that protection extends only to matters within the scope of the protection, and the public officer or employee shall comply with the provisions of subsection 1 to the fullest extent possible regarding all matters outside of the scope of the protection.

3.

Before a public officer or employee is required to comply with the provisions of subsection 1 and during the course of any investigations or proceedings of the Commission or its authorized - *SB129_R1* – 13 – representative, the public officer or employee is entitled to be represented by and consult with legal counsel, including, without limitation, the legal counsel of his or her public body, agency or employer.

7.

(Deleted by amendment.) Sec.

1.(Deleted by amendment.) Sec.

In10. carrying out the provisions of this chapter, the Commission may delegate authority to the Chair or the Executive Director, or both, to make any decisions in litigation concerning any judicial action or proceeding in which the Commission or any member or employee of the Commission is a party in an official capacity or participates or intervenes in an official capacity.

2.(Deleted by amendment.) Sec.

During any period in which proceedings concerning a request for an advisory opinion or an ethics complaint are confidential pursuant to this chapter, the provisions of chapter 241 of NRS do not apply to any meeting or hearing held by the Commission or any deliberations or actions of the Commission involving:

(a) Any decisions in litigation concerning any judicial action or proceeding related to the request for an advisory opinion or the ethics complaint;

or (b) Any delegation of authority to make such decisions in the litigation to the Chair or the Executive Director, or both, pursuant to subsection 1.

Sec.

1.eletA1. public officer or employee shall not use the public officer’s or employee’s position or power in government to reasonable person would find, based on the given set of facts and a circumstances, to be a gross or unconscionable abuse of official position or power that would undermine the integrity or impartiality of a reasonable person in the public officer’s or employee’s position under the same or similar facts and circumstances.

A public officer or employee shall not use the public officer’s or employee’s position or power in government to take any actions or compel a subordinate to take any actions that a reasonable person would find, based on the given set of facts and position or power that would undermine the integrity or official impartiality of a reasonable person in the public officer’s or circumstances.ition under the same or similar facts and 2.

- *SB129_R1* – 14 – (a) The manager of each local agency for a public officer of a local agency;

and - *SB129_R2* – 12 – (c) The Director of the Department of Administration, or his or her designee, for a public officer of the Executive Department of the State Government;

Notwithstanding(Deleted anyby otheramendment.) provisionsSec. of NRS 281A.700 to 281A.790, inclusive:

1.

If a State Legislator is the subject of an ethics complaint and the Commission determines, at any time during the in the ethics complaint involve actions of the Legislator that are not within the jurisdiction or authority of the Commission are within the jurisdiction or authority of the Legislator’s own House pursuant to Section 6 of Article 4 of the Nevada Constitution, the Commission may authorize the Executive Director to file a complaint with the House alleging a breach of legislative ethical standards pursuant to the applicable Standing Rules of the Legislative Department of the State Government.

2.

If the Executive Director files a complaint with the Legislator’s own House pursuant to this section:

(a) The Executive Director shall submit to the House all information, communications, records, documents or other materials in the possession of the Commission or its staff that are related to the allegations in the complaint filed with the House;

and (b) The complaint filed with the House and all information, communications, records, documents or other materials that are related to the allegations in the complaint filed with the House are confidential and are not public records pursuant to chapter 239 of NRS, unless those materials become publicly available in a - *SB129_R1* – 15 – manner authorized by the applicable Standing Rules of the Legislative Department of the State Government.

Sec.

281A.032 “Adjudicatory hearing” means a hearing held by the Commission pursuant to NRS 281A.745 to receive evidence and renderopinion ain decisionthe concerningmatter.]rning an ethics complaint .

[and render an opinion in the matter.] Sec.

281A.033 “Advisory opinion” means an advisory opinion [rendered] issued by the Commission pursuant to NRS 281A.670 to 281A.690, inclusive.

or2. employee;

[Who is a] A member of the household of the public officer 3.or employee;

[Who3. is related to] A relative of the public officer or officer or employee, by blood, adoption, marriage or domesticc partnership within the third degree of consanguinity or affinity;

[Who is related to] A relative of the public officer or employee, or [to] the spouse or domestic partner of the public officer or employee, by blood, adoption, marriage or domestic partnership within the third degree of consanguinity or affinity;

[Who employs] The employer of the public officer or employee, the spouse or domestic partner of the public officer - *SB129_R2* – 13 – or employee or a member of the household of the public officer or employee;

281A.088 “Ethics complaint” means [a request for an opinion] an ethics complaint which is filed with the Commission or initiated by the Commission on its own motion pursuant to NRS 281A.710 regarding the propriety of the conduct of a public officer or - *SB129_R1* – 16 – employee under the statutory ethical standards .

281A.161 “Request for an advisory opinion” means a request for an advisory opinion which is filed with the CommissionCommissionequest pursuant to NRS 281A.675 .

[by a public officer or employee who is:is:1.

1.

2.1.

WasActed in a situation where this chapter imposed a duty to act and the public officer or employee intentionally and knowinglyknowingly;  unless the Commission determines, after applying the factors set forth in NRS 281A.775, that the public officer’s or employee’s act or failure to act has not resulted in a sanctionable violation of this chapter.] Sec.

or 2.

Was in a situation where this chapter imposed a duty to act and the public officer or employee intentionally and knowingly failed to act in the manner required by this chapter .

[,  unless the Commission determines, after applying the factors set forth in NRS 281A.775, that the public officer’s or employee’s act or failure to act has not resulted in a sanctionable violation of this chapter.] - *SB129_R2* – 14 – Sec.

(a) At],At] , at its first meeting and annually thereafter,thereafter , elect a Chair and Vice Chair from among its members.

If the Chair and Vice Chair are prohibited from acting on a particular matter or are otherwise unable to act on a particular matter, another member of the Commission who is designated in accordance with the regulations of the Commission shall exercise - *SB129_R1* – 17 – the powers and functions and perform the duties of the Chair concerning that particular matter.

While engaged in the business of the Commission, each member and employee of the Commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

[4.]appropriation, 6.maintain such facilities as are required to carry out its functions.

The Commission may, within the limits of legislative appropriation, maintain such facilities as are required to carry out its functions.

members3. of the same political party.

Not more than two members of a review panel may be 4.members of the same political party.

If4. a review panel determines that there is just and sufficient in a matter, the members of the review panel shall not participate in any further proceedings of the Commission relating to that matter [.] , except that:

(a)If Onea orreview morepanel membersdetermines ofthat thethere reviewis paneljust may,and withsufficient cause for the consentCommission ofto therender parties,a participatedecision asand mediatorsissue oran facilitatorsopinion in anya settlementmatter, negotiationsthe betweenmembers of the partiesreview thatpanel areshall conductednot beforeparticipate anin adjudicatoryany hearingfurther inproceedings of the matter.Commission relating to that matter [.] , except that:

(a) One or more members of the review panel may, with the consent of the parties, participate as mediators or facilitators in - *SB129_R2* – 15 – any settlement negotiations between the parties that are conducted before an adjudicatory hearing in the matter.

NRS(Deleted 281A.230by isamendment.) herebySec. amended to read as follows:

281A.23026. 1.

TheNRS Commission281A.240 shallis appoint,hereby withinamended theto limitsread of legislative appropriation, an Executive Director who shall perform the duties set forth in this chapter and such other duties as mayfollows: be prescribed by the Commission.

2.281A.240 1.

The Executive Director must be an attorney who is licensed to practice law in this State and must have experience in administration, investigations and law.

- *SB129_R1* – 18 – 3.

The Executive Director is in the unclassified service of the State.

4.

The Executive Director shall devote the Executive Director’s entire time and attention to the business of the Commission and shall not pursue any other business or occupation or hold any other office of profit that detracts from the full and timely performance of the Executive Director’s duties.

5.

The Executive Director may not:

(a) Be actively involved in the work of any political party or political campaign;

or (b) Except in pursuit of the business of the Commission, communicate directly or indirectly with a State Legislator or a member of a local legislative body on behalf of someone other than the Executive Director to influence:

(1) The State Legislator with regard to introducing or voting upon any matter or taking other legislative action;

or (2) The member of the local legislative body with regard to introducing or voting upon any ordinance or resolution, taking other legislative action or voting upon:

(I) The appropriation of public money;

(II) The issuance of a license or permit;

or (III) Any proposed subdivision of land or special exception or variance from zoning regulations.

281A.240 NRS1.

and(a) proceedingsMaintain ofcomplete theand Commission.ateaccurate records of all transactions (b) Receive ethics complaints and requestsproceedings forof advisorythe opinionsCommission. pursuant to this chapter.

(b) Receive ethics complaints and requests for advisory opinions pursuant to this chapter.

(f)public Uponemployee, conduct training on the requestrequirements of anythis publicof officera orchapter, the employerrules ofand aregulations publicadopted employee,by conductthe trainingCommission onand training, the requirementsExecutive ofDirector thisshall chapter,emphasize that the rulesExecutive andDirector regulationsis adoptednot bya member of the Commission and [previous]that only the publishedCommission may issue opinions concerning the application of the Commission.statutory ethical standards to any given set of facts and circumstances.

In any such training, the Executive Director shall emphasize that the Executive - *SB129_R1* – 19 – Director is not a member of the Commission and that only the Commission may issue opinions concerning the application of the statutory ethical standards to any given set of facts and circumstances.

If the Executive Director is prohibited from acting on a particular matter or is otherwise unable to act on a particular matter, the Chair [of the Commission] shall designate a qualified person to - *SB129_R2* – 16 – perform the duties of the Executive Director with regard to that particular matter.

For each written opinion of the Commission, the Commission Counsel shall prepare, at the direction of the Commission [,] or as required pursuant to this chapter, the appropriate findings of fact and conclusions as to the relevant statutory ethical standards and the propriety of particular conduct.

The Commission Counsel shall not issue written opinions concerning the applicability of the statutory ethical standards to a given set of facts and circumstances except as directed by the Commission.

Except as otherwise provided in this section or directed by the Commission, in litigation concerning any judicial action or proceeding in which the Commission or any member or employee of the Commission is a party in an official capacity or participates or intervenes in an official capacity, the Commission Counsel:Counsel shall represent and act as legal counsel to the Commission or any member or employee of the Commission in the action or proceeding.

(a)concerning Shallany representjudicial andaction act as legal counsel to the Commission or anyproceeding member or employee of the Commission in thewhich actiontheigation orCommission: proceeding;

(b) May commence, prosecute, defend, participate or intervene in the actionplace or proceeding on behalf of the Commission orCounsel; any member or employee of the Commission;

andorappoint (c)a Maydeputy fileto anact appeal(b) orEmploys petitionoutside forlegal orcounsel. seek any writ or other appellate relief in the action or proceeding on behalf of the - *SB129_R1* – 20 – Commission or any member or employee of the Commission with the consent or ratification of:

(1) The Commission;

or (2) The Chair or the Executive Director, or both, if the authority to provide such consent or ratification is delegated pursuant to section 9 of this act.

4.

The provisions of subsection 3 do not apply to litigation concerning any judicial action or proceeding in which the Commission:

(a) Requests that the Attorney General appoint a deputy to act in the place of the Commission Counsel;

or (b) Employs outside legal counsel.

(a) Gather information and issue an advisory opinion in any proceeding commenced by a request for an advisory opinion that is filed with the Commission, except that the Commission does not have jurisdiction to issue an advisory opinion on matters whichotwhich directly relate to the propriety of past conduct occurring more than opinion2 isyears filedbefore with the Commission.requestdate foron anwhich advisorythe (b)request Investigatefor and take appropriate action regarding an allegedadvisory violationopinion of this chapter by a [public officer or employee] current or former public officer or employee in any proceeding commenced by an ethics complaint, which is filed with the CommissionCommission. or initiated by the Commission on its own motion, within 2 years after the alleged violation or reasonable discovery of the alleged violation.

- *SB129_R2* – 17 – (b) Investigate and take appropriate action regarding an alleged violation of this chapter by a [public officer or employee] current or former public officer or employee in any proceeding commenced by an ethics complaint, which is filed with the Commission or initiated by the Commission on its own motion, within 2 years after the alleged violation or reasonable discovery of the alleged violation.

- *SB129_R1* – 21 – (a) A complaint may be filed or, if the applicable limitations period has expired, could have been filed with the United States Equal Employment Opportunity Commission or the Nevada Equal Rights Commission;

or (b) A complaint or employment-related grievance may be filed or, if the applicable limitations period has expired, could have been filed with another appropriate agency with jurisdiction to redress alleged discrimination or harassment, including, without limitation, a state or local employee-management relations board or similarsimilartion, state or local agency,  but any bar on the Commission’s jurisdiction imposed by this subsection applies only to the extent that it pertains to the alleged discrimination or harassment, and this subsection does not deprive the Commission of jurisdiction regarding the alleged conduct if such conduct is sanctionable separately or concurrently under the provisions of this chapter, irrespective of the alleged discrimination or harassment.

or (b) If the ethics complaint is initiated by the Commission on its own motion, on the date on which the Commission serves the [public officer or employee] current or former public officer or employee with a written notice of the investigation of the ethics comSec.complaint in accordance with the regulations of the Commission.

Sec.

NRS 281A.290 is hereby amended to read as follows:.follows:

- *SB129_R2* – 18 – 1.

and (e) For proceedings concerning an ethics complaint, to facilitate written discovery requests submitted pursuant to NRS 281A.750 and 281A.755 and the disclosure of evidence in the manner required by those sections, including, without limitation, the disclosure of evidence obtained by or on behalf of the Executive Director during - *SB129_R1* – 22 – the course of the investigation that affirmatively and substantively disproves any alleged violation of this chapter that is related to the ethics complaint and has been referred to the Commission for an adjudicatory hearing.

Prescribe, by regulation, forms and procedures for the submission of [statements of acknowledgment] acknowledgments of the statutory ethical standards filed by public officers pursuant to NRS 281A.500, maintain files of such [statements] acknowledgments and make the [statements] acknowledgmentsacknowledgmentstements] available for public inspection.

3.and necessary for the rendition of decisions and the issuance ofe [its] opinions pursuant to this chapter.

Cause the making of such investigations as are reasonable and necessary for the rendition of decisions and the issuance of [its] opinions pursuant to this chapter.

[ The Legislative Counsel shall prepare annotations to this chapter for inclusion in the Nevada Revised Statutes based on the published opinions of the Commission.] 281A.300Sec. NRS1.

The30. Chair [and Vice Chair] or a member of the Commission appointed by the Chair to preside over any meetings, hea2.

NRS 281A.300 is hereby amended to read as follows:

281A.300 1.

The Chair [and Vice Chair] or a member of the Commission appointed by the Chair to preside over any meetings, hearings and proceedings may administer oaths.

- *SB129_R2* – 19 – 2.

Before [issuing] the Chair issues a subpoena directed to [a] the public officer or employee who is the subject of an ethics - *SB129_R1* – 23 – complaint to compel his or her participation in any investigation, his or her attendance as a witness or his or her production of any books and papers, the Executive Director shall submit a written request to the public officer or employee requesting:

(a) The voluntary participation of the public officer or employee in (b) The voluntary attendance of the investigation;public officer or employee as a witness;

(b)or Theof voluntaryany attendancebooks ofand thepapers publicrelating officerto orthe employeeethics ascomplaint.employee a6. witness;

or (c) The voluntary production by the public officer or employee of any books and papers relating to the ethics complaint.

6.

Failure of the public officer or employee to comply with the written request of the Executive Director shall be deemed a waiver by the public officer or employee of the time limits set forth in NRStheNRS 281A.700 to 281A.790, inclusive, andthat sectionapply 14to ofproceedings thisconcerning actthe thatethics app8.complaint.

toIf- any*SB129_R2* witness– fails20 or– refuses8. to participate, attend, testify or produce any books and papers as required by the subpoena, the Chair [or, in the Chair’s absence, the Vice Chair,] may report to the district court by petition, setting forth that:

If any witness fails or refuses to participate, attend, testify or produce any books and papers as required by the subpoena, the Chair [or, in the Chair’s absence, the Vice Chair,] may report to the district court by petition, setting forth that:

Upon such a petition, the court shall enter an order directing the witness to appear before the court at a time and place to be fixed - *SB129_R1* – 24 – by the court in its order, the time to be not more than 10 days after the date of the order, and then and there show cause why the witness has not participated, attended, testified or produced the books or papers as required by the subpoena.

10.finds that the subpoena was regularly issued pursuant to this section [,] and that the witness has not proven a reason recognized by law order that the witness comply with the subpoena, at the time andnter an place fixed in the order, and participate, attend, testify or produce the required books and papers.

If [it appears to] , at the hearing to show cause, the court finds that the subpoena was regularly issued pursuant to this section [,] and that the witness has not proven a reason recognized by law for the failure to comply with its provisions, the court shall enter an order that the witness comply with the subpoena, at the time and place fixed in the order, and participate, attend, testify or produce the required books and papers.

(b) Render a decision and issue an opinion upon the request of any public officer or employee of its own organization or level seeking an interpretation of its code of ethical standards onelon questions directly related to the propriety of the public officer’s or employee’s own future official conduct [or] , but the committee - *SB129_R2* – 21 – may refer the request to the Commission [.] if the response to the request requires the Commission to interpret the statutory ethical standards and apply those standards to the given set of facts and circumstances.

- *SB129_R1* – 25 – 2.

A specialized or local ethics committee shall not attempt to interpret the statutory ethical standards or render a decision and issueiss4. an opinion regarding the statutory ethical standards.

4.anEach request for an opinion submitted by a public officer or employee to a specialized or local ethics committee, each hearing render a decision and issue an opinion, all deliberations by the committee relating to [an] the decision and opinion, each [opinion] decision rendered and opinion issued by [a] the committee and any motion relating to the decision and opinion are confidential unless:

Each request for an opinion submitted by a public officer or employee to a specialized or local ethics committee, each hearing held by the committee to obtain information on which to [base] render a decision and issue an opinion, all deliberations by the committee relating to [an] the decision and opinion, each [opinion] decision rendered and opinion issued by [a] the committee and any motion relating to the decision and opinion are confidential unless:

A public officer or employee shall not seek or accept any gift, service, favor, employment, engagement, emolument or economic opportunity, for the public officer or employee or any person to whom the public officer or employee has a commitment in a private capacity, which would tend improperly to influence a in reasonable person in the public officer’s or employee’s position to - *SB129_R2* – 22 – depart from the faithful and impartial discharge of the public officer’s or employee’s public duties.

discharge of the public 2.

A public officer or employee shall not accept any salary, retainer, augmentation, expense allowance or other compensation from any private source, for the public officer or employee or any - *SB129_R1* – 26 – person to whom the public officer or employee has a commitment in a private capacity, for the performance of the public officer’s or employee’s duties as a public officer or employee.

If a public officer or employee acquires, through the public officer’s or employee’s public duties or relationships, any information which by law or practice is not at the time available to people generally, the public officer or employee shall not use the information to further a significant pecuniary interest of the public officer or employee or any other person or business entity.entity.the public 6.

6.

(1) (I)[The] AuthorizedAt by a written policy which was adopted before the usetime occursthat by the public officer or employee who is property, equipment or other facility [has established a policy allowing the use oroccurs, the use isis: necessary] ;

(I) Authorized by a written policy which was adopted before the use occurs by the public officer or employee who is - *SB129_R2* – 23 – responsible for and has authority to authorize the use of such property, equipment or other facility [has established a policy allowing the use or the use is necessary] ;

- *SB129_R1* – 27 – 8.

(a) Use governmental time, property, equipment or other facility [for a nongovernmental purpose or for the private] to benefit a significant personal or pecuniary interest of the State Legislator or any [other] person [.] to whom the State Legislator has a commitment in a private capacity.

(1) A limited use of [state] governmental property [and resources]resources(I) ,The equipmentuse ordoes othernot facilityinterfere forwith personalthe purposesperformance if:of the State Legislator’s public duties;

(I) The use does not interfere with the performance of the State Legislator’s public duties;

(1) In unusual and infrequent situations where the legislative employee’s service is reasonably necessary to permit the State Legislator or legislative employee to perform that person’s official duties;

or or- legislative*SB129_R2* employee– to24 perform– that person’s official (2) Where such service has otherwise been established as leg9.latAlegislative publicpolicy. officer or employee shall not attempt to benefit a significant personal or pecuniary interest of the public officer or employee or any person to whom the public officer or employee has a commitment in a private capacity through the influence of a subordinate.

9.

A public officer or employee shall not attempt to benefit a significant personal or pecuniary interest of the public officer or employee or any person to whom the public officer or employee has a commitment in a private capacity through the influence of a subordinate.

As used in this section, “appearance of impropriety” means a perception by a reasonable person that,would find, based on the given set of facts and circumstances, that a public officer’s or employee’s limited use of governmental property, equipment or other facility for personal purposes is inappropriate, disproportionate, excessive or unreasonable under that given set of facts and circumstances.

- *SB129_R1* – 28 – Sec.

If a public officer or employee serves in a state agency of the Executive Department or an agency of any county, city or other politicalpol(a) subdivision,Shall thenot publicaccept officercompensation from any private person to represent or employee:counsel the private person on any issue pending before agency makes decisions;

(a)andblic Shallofficer notor acceptemployee compensationserves, fromif anythe private(b) personIf tothe representpublic officer or counselemployee leaves the privateservice personof onthe anyagency, issueshall pendingnot, beforefor the1 agencyyear inafter whichleaving thatthe publicservice officerof the agency, represent or employeecounsel serves,for ifcompensation a private person upon any issue which was under consideration by the agency makesduring decisions;the public officer’s or employee’s service.

and (b) If the public officer or employee leaves the service of the agency, shall not, for 1 year after leaving the service of the agency, represent or counsel for compensation a private person upon any issue which was under consideration by the agency during the public officer’s or employee’s service.

counsel3. a private person for compensation before another localnt or agency if the territorial jurisdiction of the other local agency Commission may relieve the member from the strict application of the provisions of this subsection if:

A member of a local legislative body shall not represent or counsel a private person for compensation before another local agency if the territorial jurisdiction of the other local agency includes any part of the county in which the member serves.

The - *SB129_R2* – 25 – Commission may relieve the member from the strict application of the provisions of this subsection if:

For the purposes of subsection 3, the request for an advisory opinion, the decision rendered, the advisory opinion and all meetings, hearings and proceedings of the Commission in such a matter are governed by the provisions of NRS 281A.670 to 281A.690, inclusiveinclusive. .

Unless permitted by this section, a public officer or employee shall not represent or counsel a private person for - *SB129_R1* – 29 – compensation before any state agency of the Executive or Legislative Department.

(a)a Regardinggift or loan;g which the public officer or employee has accepted (b) In which the public officer or employee has a giftsignificant pec(c) Which would reasonably be affected by the public officer’s or loan;employee’s commitment in a private capacity to the interests of another person;

(b)or In(d) whichWhich would reasonably be related to the nature of any representation or counseling that the public officer or employee hasprovided to a private person for compensation before another agency within the immediately preceding year, provided such representation or counseling is permitted by NRS 281A.410,  without disclosing information concerning the gift or loan, the significant pecuniary interest;interest, the commitment in a private capacity to the interests of the other person or the nature of the representation or counseling of the private person that is sufficient to inform the public of the potential effect of the action or abstention upon the person who provided the gift or loan, upon the public officer’s or employee’s significant pecuniary interest, upon the person to whom the public officer or employee has a commitment in a private capacity or upon the private person who was represented or counseled by the public officer or employee.

(c)Such Whicha woulddisclosure reasonablymust be- affected*SB129_R2* by– the26 public– officer’sbe ormade employee’sat commitmentthe intime a private capacity to the interestsmatter ofis anotherconsidered. person;

or (d) Which would reasonably be related to the nature of any representation or counseling that the public officer or employee provided to a private person for compensation before another agency within the immediately preceding year, provided such representation or counseling is permitted by NRS 281A.410,  without disclosing information concerning the gift or loan, the significant pecuniary interest, the commitment in a private capacity to the interests of the other person or the nature of the representation or counseling of the private person that is sufficient to inform the public of the potential effect of the action or abstention upon the employee’s significant pecuniary interest, upon the person to whom the public officer or employee has a commitment in a private counseled by the public officer or employee.

Such a disclosure must be made at the time the matter is considered.

- *SB129_R1* – 30 – (b) A public officer or employee to disclose any information which is confidential as a result of a bona fide relationship that protects the confidentiality of the information under the terms of a contract or as a matter of law, including, without limitation, the attorney-client relationship, if the public officer or employee:

(1) In the disclosure made pursuant to subsection 1, discloses all nonconfidential information that is required to be disclosed and describes the general nature of the relationship that protects the confidential information from being disclosed;

and (2) Abstains from advocating the passage or failure of and from approving, disapproving, voting or otherwise acting upon the matter, regardless of whether the public officer or employee would be required to abstain pursuant to subsection 3.

or (d) The public officer’s representation or counseling of a private person for compensation before another agency within the immediately preceding year, provided such representation or cou4.eliIncounseling interpretingis andpermitted applyingby theNRS provisions281A.410. of subsection 3:

(a)4. It must be presumed that the independence of judgment of a reasonable person in the public officer’s situation would not be materially affected by the public officer’s acceptance of a gift or loan, significant pecuniary interest , [or] commitment in a private capacity to the interests of another person or representation or counseling of a private person for compensation as permitted by NRS 281A.410 where the resulting benefit or detriment accruing to the public officer, or if the public officer has a commitment in a private capacity to the interests of another person [,] or has represented or counseled a private person for compensation as permitted by NRS 281A.410, accruing to the other person, is not greater than that accruing to any other member of any general business, profession, occupation or group that is affected by the matter.

TheIn presumptioninterpreting setand forthapplying in this paragraph does not affect the applicabilityprovisions of the requirements set forth in subsection 13: relating to the duty of the public officer to make a proper disclosure - *SB129_R1* – 31 – at the time the matter is considered and in the manner required by subsection 1.

(b)- The*SB129_R2* Commission– 27 – (a) It must givebe appropriatepresumed weightthat andthe properindependence deferenceof tojudgment of a reasonable person in the public policyofficer’s ofsituation thiswould Statenot whichbe favorsmaterially affected by the rightpublic officer’s acceptance of a publicgift officeror toloan, performsignificant thepecuniary dutiesinterest for, which[or] commitment in a private capacity to the publicinterests officerof wasanother electedperson or appointedrepresentation andor tocounseling voteof a private person for compensation as permitted by NRS 281A.410 where the resulting benefit or otherwisedetriment actaccruing uponto athe matter,public providedofficer, or if the public officer makeshas a propercommitment disclosurein ata private capacity to the timeinterests of another person [,] or has represented or counseled a private person for compensation as permitted by NRS 281A.410, accruing to the matterother person, is considerednot andgreater inthan thethat manneraccruing requiredto any other member of any general business, profession, occupation or group that is affected by subsectionthe 1.matter.

BecauseThe abstentionpresumption byset aforth publicin officerthis disruptsparagraph thedoes normalnot courseaffect of representative government and deprives the publicapplicability andof the publicrequirements officer’sset constituentsforth of a voice in governmentalsubsection affairs,1 therelating provisions of this section are intended to require abstention only in clear cases where the independenceduty of judgment of a reasonable person in the public officer’sofficer situationto wouldmake bea materiallyproper affecteddisclosure byat the publictime officer’sthe acceptancematter ofis aconsidered giftand or loan, significant pecuniary interest , [or] commitment in a private capacity to the interestsmanner ofrequired another person [.] or representation or counseling of a private person for compensation as permitted by NRSsubsection 281A.410.1.

(b) The Commission must give appropriate weight and proper deference to the public policy of this State which favors the right of a public officer to perform the duties for which the public officer was elected or appointed and to vote or otherwise act upon a matter, provided the public officer makes a proper disclosure at the time the Because abstention by a public officer disrupts the normal course of representative government and deprives the public and the public provisions of this section are intended to require abstention only in clear cases where the independence of judgment of a reasonable person in the public officer’s situation would be materially affected by the public officer’s acceptance of a gift or loan, significant pecuniary interest , [or] commitment in a private capacity to the interests of another person [.] or representation or counseling of a private person for compensation as permitted by NRS 281A.410.

Except as otherwise provided in NRS 241.0355, if a public officer declares to the body or committee in which the vote is to be taken that the public officer will abstain from voting because of the requirements of this section, the necessary quorum to act upon and the number of votes necessary to act upon the matter, as fixed by any statute, ordinance or rule, is reduced as though the member abstaining were not a member of the body or committee.hecommittee. member 6.

The6. provisions of this section do not, under any cir(a) Prohibit a member of a local legislative body from requesting or introducing a legislative measure;

orThe (b)provisions Require a member of athis localsection legislativedo bodynot, tounder take any particularcircumstances: action before or while requesting or introducing a legislative measure.

(a) Prohibit a member of a local legislative body from requesting or introducing a legislative measure;

or - *SB129_R2* – 28 – (b) Require a member of a local legislative body to take any particular action before or while requesting or introducing a legislative measure.

- *SB129_R1* – 32 – 8.

[Except] Notwithstanding the provisions of NRS 281.221 and 281.230, and except as otherwise provided in this section and NRS 218A.970 and 332.800, a public officer or employee shall not , directly or through a third party, perform any existing contract, negotiate, bid on or enter into [a] any contract or modifymod(a) orThe renewcontract anyis contractbetween if:an agency [and any] in which the public officer or employee serves and:

(a)(2) TheAny contractbusiness isentity between an agency [and any] in which the public officer or employee serveshas and:a significant pecuniary interest [.] ;

(1) The public officer or employee;

or (2) Any business entity in which the public officer or employee has a significant pecuniary interest [.] ;

[A member of any board, commission or similar body who is engaged in the profession, occupation or business regulated by such board, commission or body may, in the ordinary course of his or her business, bid on or enter into a contract with an agency, except the board, commission or body on which he or she is ancy,a member, if the member has not taken part in developing the contract plans or specifications and the member will not be personally involved in opening, considering or accepting offers.] Except as otherwise provided in subsections 3 to 6, inclusive, a public officer or employee may perform an existing contract, negotiate, bid on or - *SB129_R2* – 29 – enter into a contract or modify or renew a contract with an agency in which the public officer or employee serves, or a related agency as described in paragraph (b) of subsection 1, if:

and - *SB129_R1* – 33 – (4) The public officer or employee is not personally involved in opening, considering or accepting offers.

and (2) The contract is not exclusive to the public officer or employee and is the type of contract that is available to all persons with the requisite qualifications.

3.Nevada System of Higher Education may perform an existingf the contract, negotiate, bid on or enter into a contract or modify or renew a contract with an agency, or may benefit financially or otherwise from a contract between an 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.

A full- or part-time faculty member or employee of the Nevada System of Higher Education may perform an existing contract, negotiate, bid on or enter into a contract or modify or renew a contract with an agency, or may benefit financially or otherwise from a contract between an 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.

(a) The contracting process is controlled by the rules of open competitive bidding or the rules of open competitive bidding are not employed as a result of the applicability of NRS 332.112 orgor are not 332.148;

(b) The sources of supply are limited;

- *SB129_R2* – 30 – ] If a public officer who is authorized to perform an existing contract, negotiate, bid on or enter into a contract or modify or renew a contract with an agency pursuant to this [subsection] section is a member of the governing body of the agency, the public officer, pursuant to the requirements of NRS 281A.420, shall disclose the public officer’s interest in the contract and shall not vote on or advocate the approval of the contract.

(a) The member, or the business entity in which the member has a significant pecuniary interest, offers the sole source of supply of - *SB129_R1* – 34 – the goods or services within the territorial jurisdiction of the local agency governed by his or her local legislative body;

(c) At the meeting, the member discloses his or her significant pecuniary interest in the purchase of such goods or services and does not vote upon or advocate the approval of the matter pursuant to the requirements of NRS 281A.420;

andandval of the matter pursuant (d) The local legislative body approves the purchase of such goodsof orlaw.r services in accordance with all other applicable provisions of6. law.

6.

(2) The continued ethical integrity of each agency affected by the(3)the Thematter; provisions of this chapter.

and (3) The provisions of this chapter.

For the purposes of subsection 6, the request for an advisory opinion, the decision rendered, the advisory opinion and all meetings, hearings and proceedings of the Commission in such a matter are governed by the provisions of NRS 281A.670 to 281A.690, inclusive.

- *SB129_R2* – 31 – Sec.

and - *SB129_R1* – 35 – (4) The Executive Department of the State Government, the Director of the Department of Administration, or his or her designee.

and (b) The manager of each local agency, or his or her designee, shall provide each new public employee of the local agency with the information prepared by the Commission concerning the statutory the ethical standards.

3.officer:Each public officer shall acknowledge that the public (a) Has received, read and understands the statutory ethical standards;

Each public officer shall acknowledge that the public officer:

(a) Has received, read and understands the statutory ethical standards;

(a) If the public officer is elected to office at the general election, on or before January 15 of the year following the public off(b)officer’s Ifelection. the public officer is elected to office at an election other than the general election or is appointed to office, on or before the affirms the oath of office.

(b) If the public officer is elected to office at an election other than the general election or is appointed to office, on or before the 30th day following the date on which the public officer swears or 5.affirms the oath of office.

5.

If the public officer serves at the pleasure of the - *SB129_R2* – 32 – appointing authority and does not have a definite term of office, the public officer, in addition to executing and filing the acknowledgment after the public officer swears or affirms the oath of office in accordance with subsection 4, shall execute and file the acknowledgment on or before January 15 of each even-numbered year while the public officer holds that office.

Filing by mail - *SB129_R1* – 36 – is complete upon timely depositing the acknowledgment with the United States Postal Service.

7.and files the acknowledgment for that office as required by theecutes applicable provisions of this section, the public officer shall be other office held concurrently by him or her.this section for any 8.

If a public officer is serving in a public office and executes and files the acknowledgment for that office as required by the applicable provisions of this section, the public officer shall be deemed to have satisfied the requirements of this section for any other office held concurrently by him or her.

8.

Whenever the Commission, or any public officer or employee as part of the public officer’s or employee’s official duties, provides a public officer with a printed copy of the form for making the acknowledgment, a printed copy of the statutory ethical sta10.standards must be included with the form.

10.

- *SB129_R2* – 33 – 11.

- *SB129_R1* – 37 – Sec.

3.(a) The receipt of any payment by a public officer or employee for work performed outside the normal course of [a person’s] his or consistent with the applicable policies of [the person’s] his or her public body, agency or employer regarding supplemental employment.

This section does not prohibit:

(a) The receipt of any payment by a public officer or employee for work performed outside the normal course of [a person’s] his or her public office or employment if the performance of that work is consistent with the applicable policies of [the person’s] his or her public body, agency or employer regarding supplemental employment.

As used in this section, “honorarium” means the payment of money or anything of value for an appearance or speech by the public officer or [public] employee in [the officer’s or employee’s] termhis doesor nother includecapacity theas paymenta of:erpublic officer or [public] employee.

The (a)term Thedoes actualnot andinclude necessary costs incurred by the publicpayment officerof: officer’s or employee’s aid] domestic partner of the public officer or employee or any assistant of the public officer or employee for transportation and for lodging and meals while the public officer or [public] employee is away from [the officer’s or employee’s] his or her residence.

(a) The actual and necessary costs incurred by the public officer or [public] employee, the [officer’s or employee’s] spouse or [the officer’s or employee’s aid] domestic partner of the public officer or employee or any assistant of the public officer or employee for transportation and for lodging and meals while the public officer or - *SB129_R2* – 34 – [public] employee is away from [the officer’s or employee’s] his or her residence.

- *SB129_R1* – 38 – (d) A fee for a speech delivered to an organization of legislatures, legislators or other elected officers.

(a) Be employed by a public utility or parent organization or subsidiarysub(b) Appear before the Public Utilities Commission of Nevada to testify on behalf of a public utility;utility or parent organization or  for 1 year after the termination of the member’s service on the Public Utilities Commission of Nevada.

or (b) Appear before the Public Utilities Commission of Nevada to testify on behalf of a public utility or parent organization or subsidiary of a public utility,  for 1 year after the termination of the member’s service on the Public Utilities Commission of Nevada.

or (b) Be employed by such a person,  for 1 year after the termination of the member’s service on the Nevada Gaming Control Board or the Nevada Gaming Commission.nCommission. the 3.

In3. addition to the prohibitions set forth in subsections 1 and current or former public officer or management-level public a employee of a board, commission, department, division or other agency of the Executive Department of the State Government [, except a clerical employee,] shall not solicit or accept employment from a business or industry whose activities are governed by regulations adopted or administered by the board, commission, department, division or other agency , as applicable, during the public officer’s or employee’s period of public service or employment or for 1 year after the termination of [the former public officer’s or employee’s] his or her period of public service or [period of] employment , if:

In addition to the prohibitions set forth in subsections 1 and 2, and except as otherwise provided in subsections 4 and 6, a current or former public officer or management-level public employee of a board, commission, department, division or other agency of the Executive Department of the State Government [, except a clerical employee,] shall not solicit or accept employment - *SB129_R2* – 35 – from a business or industry whose activities are governed by regulations adopted or administered by the board, commission, department, division or other agency , as applicable, during the public officer’s or employee’s period of public service or employment or for 1 year after the termination of [the former public officer’s or employee’s] his or her period of public service or [period of] employment , if:

(b) [During] Within the immediately preceding year [, the former] during the public officer’s or employee’s period of public service or employment or within the year immediately preceding the termination of the public officer’s or employee’s period of - *SB129_R1* – 39 – public service or employment, the public officer or employee directly performed activities, or controlled or influenced an audit, decision, investigation or other action, which significantly affected the business or industry ;

4.former [public officer who was a] member of a board, commissionor or similar body of the State if:

Theprofession, provisionsoccupation of subsection 3 do not apply to a current or formerbusiness [publicregulated officerby whothe wasboard,e a] member of a board, commission or similar bodybody; of the State if:

(a) The [former public officer] member is engaged in the profession, occupation or business regulated by the board, commission or similar body;

Except as otherwise provided in subsection 6, a current or former public officer or employee of the State or a political subdivision, except a clerical employee, shall not solicit or accept employment from a person to whom a contract for supplies, materials, equipment or services was awarded by the State or political subdivision, as applicable, or was implemented, managed or administered by the State or political subdivision, as applicable, during the public officer’s or employee’s period of public servicele,service or employment or for 1 year after the termination of [the officer’s or employee’s] his or her period of public service or [period of] employment, if:

- *SB129_R2* – 36 – (a) The amount of the contract exceeded $25,000;

- *SB129_R1* – 40 – 6.

For the purposes of submitting all necessary information for the Commission to render a decision and issue an advisory opinion in the matter, a current or former public officer or employee may request information concerning potential employment from any business, industry or other person without violating the provisions of subsection 3 or 5, as applicable.

If the Commission determines that relief from the strictapplicable, applicationis ofnot thecontrary provisionsto:sions of subsection 3 or 5, as applicable,(a) isThe notbest contraryinterests to:of the public;

(a) The best interests of the public;

For the purposes of subsection 6, the request for an advisory opinion, the decision rendered, the advisory opinion and all meetings, hearings and proceedings of the Commission in such a 281A.690,matter inclusive.byare governed by the provisions of NRS 281A.670 to 8.281A.690, inclusive.

The8. advisory opinion does not relieve the current or former provision of NRS 281A.410.

The advisory opinion does not relieve the current or former public officer or employee from the strict application of any 9.provision of NRS 281A.410.

9.

- *SB129_R2* – 37 – (a) A former member of the Public Utilities Commission of Nevada, the Nevada Gaming Control Board or the Nevada Gaming Commission;

As used in this section, “regulation” has the meaning ascribed to it in NRS 233B.038 and also includes regulations - *SB129_R1* – 41 – adopted or administered by a board, commission, department, division or other agency of the Executive Department of the State Government that is exempted from the requirements of chapter 233B of NRS.

The published opinions of the Commission constitute administrative precedents with persuasive value that the Commission may consider and follow in the adjudication and dispositioncomplaint.n of any request for an advisory opinion or ethics complaint.2.

2.The Legislative Counsel shall prepare annotations to this published opinions of the Commission.evised Statutes based on the 3.

The Legislative Counsel shall prepare annotations to this chapter for inclusion in the Nevada Revised Statutes based on the published opinions of the Commission.

3.

(b) The public officer’s or employee’s official duties involve the use of discretionary judgment whose exercise in the particular matter would have a significant effect upon the disposition of the mat[3.]matter. (c) The conflict would materially affect the independence of the judgment of a reasonable person in the public officer’s or emp[4.] (d) The public officer or employee possesses special knowledge which is an indispensable asset of [the public officer’s or employee’s public] his or her public body, agency or employer and is needed by it to reach a sound decision.

[3.] (c) The conflict would materially affect the independence of the judgment of a reasonable person in the public officer’s or employee’s situation.

[4.] (d) The public officer or employee possesses special knowledge which is an indispensable asset of [the public officer’s or - *SB129_R2* – 38 – employee’s public] his or her public body, agency or employer and is needed by it to reach a sound decision.

[(a)] (1) Seek guidance on matters which directly relate to the propriety of his or her own past, present or future conduct as a - *SB129_R1* – 42 – public officer or employee under the statutory ethical standards ;

(b) The supervisory head or the legal counsel of a public body, agency or employer may file with the Commission a request for an advisory opinion to seek guidance on the application of the statutory ethical standards to a hypothetical or general set of facts and circumstances involving one or more particular positions with the public body, agency or employer, but such a request must notnoth involve any actual or specific facts and circumstances of any publichave officersserved orin employeesthose whoparticular arepositions.ll or will be serving or who have2. served in those particular positions.

2.

(b) If the requester filed the request for an advisory opinion pursuant to paragraph (a) of subsection 1 and is not representednrepresented by the legal counsel of his or her public body, agency or employer, the supervisory head or the legal counsel of that public body, agency or employer, but the Commission shall not disclose the,the name or position of the requester or the subject matter of the - *SB129_R2* – 39 – request for an advisory opinion in making such a request for additional information.

- *SB129_R1* – 43 – 2.

(1) An ethics complaint is filed or pending that involves some or all of the same issues or facts and circumstances that are involved in the request for an advisory opinion;

and (2) The Commission determines that staying or dismissing the proceedings concerning the request for an advisory opinion is necessary for the just adjudication and disposition of the proceedings concerning the ethics complaint.

If the Commission renders a decision concerning the request for an advisory opinion pursuant to this section, the Commission shall issue a written advisory opinion within 90 days after the date on which the decision is rendered, unless the Commission determines that there is good cause to extend this time limit.limit and sets a specific and reasonable time period for such an extension.

If the Commission issues a written advisory opinion [rendered by the Commission] to a requester who filed the request for an advisory opinion pursuant to paragraph (a) of subsection 1 of NRS 281A.675 and the advisory opinion relates to the propriety of the present or future conduct of the requester, the advisorytyadvisory opinion is:

(a) Binding upon the requester with regard to the future conduct of the requester;

andheand requester- with*SB129_R2* regard– to40 the– future conduct (b) A final decision that is subject to judicial review pursuant to NRS 233B.130.

- *SB129_R1* – 44 – (b) The decision rendered and the advisory opinion [rendered] issued by the Commission in response to the request;

and (d) Any information, communications, records, documents or other materials in the possession of the requester of the advisory opinion that are related to the request and, if disclosed by thethery requester, would reveal the existence, nature or content of the requestreq2. , the decision rendered or the advisory opinion.

2.

(a) Acts in contravention of the decision rendered or the advisory opinion, in which case the Commission may disclose the request, the decision rendered, the advisory opinion and any information, communications, records, documents or other materials in the possession of the Commission or its staff that are related to the(b) Authorizes the Commission,request; in writing, to make the request, the decision rendered, the advisory opinion or any information, possession of the Commission or its staff that are related to the request publicly available [;] , except that any disclosure of materials pursuant to this paragraph is limited to the specific materials that the requester authorizes the Commission, in writing, to make publicly available;

(b) Authorizes the Commission, in writing, to make the request, the decision rendered, the advisory opinion or any information, communications, records, documents or other materials in the possession of the Commission or its staff that are related to the - *SB129_R2* – 41 – request publicly available [;] , except that any disclosure of materials pursuant to this paragraph is limited to the specific materials that the requester authorizes the Commission, in writing, to make publicly available;

- *SB129_R1* – 45 – (2)] to facilitate legal representation when the requester is not represented by the legal counsel of his or her public body, agency or employer;

Sec.281A.690 NRS1.

44.

NRS 281A.690 is hereby amended to read as follows:

281A.690 1.

(a) Any meeting or hearing held by the Commission to receive information or evidence concerning a request for an advisoryadvisoryive opinion;

If the Commission grants the request to hold a public meeting or hearing, the Commission shall provide public notice of the meeting or hearing, and the meeting or hearing must be open to the public and conducted in accordance with the regulations of the Commission, but the meeting or hearing is not subject to the provisions of chapter 241 of NRS.

281A.700 The provisions of NRS 281A.700 to 281A.790,ollows:

inclusive, and section 14 of this act apply to proceedings concerning an ethics complaint.

46.45.

46.

(Deleted by amendment.) - *SB129_R2* – 42 – Sec.

- *SB129_R1* – 46 – 2.

3.an opinion if the specialized or local ethics committee or person [who files] filing the ethics complaint pursuant to paragraph (a) or matter.subsection 1 does not submit all necessary evidence in the Sec.

The Commission may decline to render a decision and issue an opinion if the specialized or local ethics committee or person [who files] filing the ethics complaint pursuant to paragraph (a) or (b) of subsection 1 does not submit all necessary evidence in the matter.

Sec.

The Commission shall make its determination within 45 days after receiving the ethics complaint, unless the [public officer or employee who is the subject of the ethics complaint waives this time limit.

this2.] timeCommission limit.n determines that there is good cause to extend 2.this time limit and sets a specific and reasonable time period for such an extension.

To2. assist the Commission in making its determination pursuant to subsection 1 whether it has jurisdiction in the matter and whether an investigation is warranted in the matter, the Executive Director may conduct a preliminary investigation to obtain additional evidence concerning the allegations in the ethics complaint.

To assist the Commission in making its determination pursuant to subsection 1 whether it has jurisdiction in the matter - *SB129_R2* – 43 – and whether an investigation is warranted in the matter, the Executive Director may conduct a preliminary investigation to obtain additional evidence concerning the allegations in the ethics complaint.

If the Commission determines pursuant to subsection 1 that it has jurisdiction in the matter and the evidence [submitted with - *SB129_R1* – 47 – the ethics complaint] is sufficient to warrant an investigation in the matter, the Commission may direct the Executive Director to investigate the ethics complaint pursuant to NRS 281A.720.

If the Commission dismisses the matter, it shall issue a letter of caution or instruction to the public officer or employee pursuantpursuantf to NRS 281A.780.

(b) Is sufficient to warrant an investigation in the matter, the Commission may direct the Executive Director to investigate the the ethics complaint pursuant to NRS 281A.720.

If the Commission directs the Executive Director to investigate an ethics complaint pursuant to NRS 281A.715 , [or if the Commission initiates an ethics complaint on its own motion pursuant to NRS 281A.710,] the Executive Director shall investigate the facts and circumstances relating to the ethics complaint to determine whether the Executive Director believes that there is just and sufficient cause for the Commission to render a decision and issue an opinion in the matter in order to present a NRSwritten 281A.725.mendationrecommendation to the review panel pursuant to 2.NRS 281A.725.

The2. Executive Director shall [provide] prepare and serve a to this section [to] on the public officer or employee who is theant subject of the ethics complaint and provide the public officer or employee an opportunity to submit to the Executive Director a response to the [allegations against the public officer or employee in the ethics complaint.] written notice of the investigation.

The responseExecutive mustDirector beshall submitted[provide] withinprepare 30and daysserve aftera written notice of the dateinvestigation onof whichthe ethics complaint pursuant to this section [to] on the public officer or employee [receives]who is served with the writtensubject notice of the investigationethics pursuantcomplaint toand thisprovide section, unless the public officer or employee waivesan opportunity to submit to the timeExecutive limitDirector seta forth- in*SB129_R2* subsection– 144 of– NRSresponse 281A.725to andthe [allegations against the Executivepublic Directorofficer grantsor [anemployee extension.]in onethe orethics morecomplaint.] extensionswritten fornotice goodof causethe shown.investigation.

The response must be submitted within 30 days after the date on which the public officer or employee [receives] is served with the written notice of the investigation pursuant to this section, unless the public officer or employee waives the time limit set forth in subsection 1 of NRS 281A.725 and the Executive Director grants [an extension.] one or more extensions for good cause shown and sets a specific and reasonable time period for such an extension.

and - *SB129_R1* – 48 – (b) The review panel in performing its review and other functions pursuant to NRS 281A.730.

The public officer or employee is not required in the response submitted pursuant to this section or in any proceedings before the review panel to assert, claim or raise any objection or defense, in law or fact, to the allegations against the public officer or employee, and no objection or defense, in law or fact, is waived, abandoned or barred by the failure to assert, claim or raise it in the res5.nseWhether or not the public officer or employee submits a response pursuant to this section, the Executive Director may take public officer’s or inemployee’s participation, attendance as ahe witness and production of any proceedingsbooks beforeand papers during the reviewcourse panel.of the investigation.

5.

Whether or not the public officer or employee submits a response pursuant to this section, the Executive Director may take action, in the manner authorized by NRS 281A.300, to secure the public officer’s or employee’s participation, attendance as a witness and production of any books and papers during the course of the investigation.

(a) The public officer or employee who is the subject of the ethics complaint may waive this time limit [.] ;

orbjector of the (b) Upon the request of the Executive Director, the presiding officer of the review panel may grant one or more extensions of this time limit for good cause shown.shown and must set a specific and reasonable time period for such an extension.

one- or*SB129_R2* more– extensions45 of– 2.

Except as otherwise provided in this section, the review panel shall determine whether there is just and sufficient - *SB129_R1* – 49 – cause for the Commission to render a decision and issue an opinion in the matter within 15 days after the Executive Director [provides] presents to the review panel [with] the recommendation required by NRS 281A.725.

The review panel shall serve on the public officer or employee who is the subject of thethe2. ethics complaint a written notice of its determination.

2.

3.sufficient cause for the Commission to render a decision and issue an opinion in the matter unless the Executive Director has provided the public officer or employee an opportunity to respond [to the allegations] as required by NRS 281A.720.

The review panel shall not determine that there is just and sufficient cause for the Commission to render a decision and issue an opinion in the matter unless the Executive Director has provided the public officer or employee an opportunity to respond [to the allegations] as required by NRS 281A.720.

If the review panel determines that there is just and sufficient cause for the Commission to render a decision and issue an opinion in the matter but reasonably believes that the conduct at issue may be appropriately addressed through additional training or other corrective action under the terms and conditions of a deferral agreement, the review panel may:

(a) Approve a deferral agreement proposed by the Executive Director and the public officer or employee instead of referring the - *SB129_R2* – 46 – ethics complaint to the Commission for further proceedings in the matter;

If the review panel authorizes the development of a deferral agreement pursuant to subsection 5, the review panel shall specify a time limit for its development in the written notice of its determination that is served pursuant to subsection 1, and the deferral agreement must be developed within the time limit, unless the review panel grants one or more extensions for good cause shown.shown and sets a specific and reasonable time period for such an extension.

- *SB129_R1* – 50 – 7.

If the review panel determines that there is just and sufficient cause for the Commission to render a decision and issue an opinion in the matter and reasonably believes that the conduct at issue may not be appropriately addressed through additional training or other corrective action under the terms and conditions of a deferral agreement, the review panel shall refer the ethics complaint to the Commission for further proceedings in the matter.

If the review panel approves a deferral agreement, the Commission shall enf3.ceenforce Athe deferralterms agreementand must:fconditions of the deferral agreement.

(a)3. Specify the training or other corrective action to be com(b) Specify any other terms and conditions, consistent with the provisions of this chapter, to be imposed upon the public officer or employee;

A deferral agreement must:

(a) Specify the training or other corrective action to be completed by or imposed upon the public officer or employee;

- *SB129_R2* – 47 – (b) Specify any other terms and conditions, consistent with the provisions of this chapter, to be imposed upon the public officer or employee;

- *SB129_R1* – 51 – 6.

and (c)respond Allowto thesuch publica officernotice.fficer or employee not less than 15 days to respond7. to such a notice.

7.Within 60 days after the date on which the public officer or of any alleged failure to comply with the deferral agreement, thee Commission shall determine whether the public officer or employee failed to comply with the deferral agreement, unless the public officer or employee waives this time limit.

Within 60 days after the date on which the public officer or employee responds or was entitled to respond to the written notice of any alleged failure to comply with the deferral agreement, the Commission shall determine whether the public officer or employee failed to comply with the deferral agreement, unless the public officer or employee waives this time limit.

the281A.745 Commission1. for further proceedings in the matter pursuant to to NRS 281A.730 or if the Commission vacates a deferral agreement 281A.740, the Commission shall hold an adjudicatory hearing and render [an opinion in the matter] a decision concerning the ethics complaint within 60 days after the date on which the review panel refers the ethics complaint to the Commission or the Commission vacates the deferral agreement, as appropriate, unless the public officer or employee who is the subject of the ethics complaint waives this time limit.

If the review panel refers an ethics complaint to the Commission for further proceedings in the matter pursuant to NRS 281A.730 or if the Commission vacates a deferral agreement and conducts further proceedings in the matter pursuant - *SB129_R2* – 48 – to NRS 281A.740, the Commission shall hold an adjudicatory hearing and render [an opinion in the matter] a decision concerning the ethics complaint within 60 days after the date on which the review panel refers the ethics complaint to the Commission or the Commission vacates the deferral agreement, as appropriate, unless the public officer or employee who is the subject of the ethics complaint waives this time limit.

and - *SB129_R1* – 52 – (b) The Commission shall:

and [(c)] (2) Allow the public officer or employee to hear the [evidence] case presented to the Commission by the Executive Director[evidence oron] his or her designeeown and[behalf.o to [respond and] present [evidence3.] on]case histo orthe herCommission. own [behalf.

3.]time, casean adjudicatory hearing may not be held less than 10 days after the date on which the written notice of the hearing is [given] provided to the Commission.public officer or employee.

4.

Unless the public officer or employee agrees to a shorter time, an adjudicatory hearing may not be held less than 10 days after the date on which the written notice of the hearing is [given] provided to the public officer or employee.

or (b) On the date of the next meeting of the Commission that is held after the date on which the decision is rendered,  whichever is later, unless the Commission determines that there is 7.odgood Thecause writtento opinionextend issuedthis bytime thelimit Commission must include findings of fact and conclusionssets ofa lawspecific and otherwisereasonable NRStime 233B.125.heperiod requirements for asuch finalan decisionextension. set forth in Sec.

7.

The written opinion issued by the Commission must include findings of fact and conclusions of law and otherwise - *SB129_R2* – 49 – comply with the requirements for a final decision set forth in NRS 233B.125.

Sec.

- *SB129_R1* – 53 – 2.

(a) Shall keep the identity of the requester confidential if he or she is a public officer or employee who works for the same public body, agency or employer as the public officer or employee who is the subject of the ethics complaint.

(b) May keep the identity of the requester confidential if he or she offers sufficient facts and circumstances showing a reasonablereasonabler likelihood that disclosure of his or her identity will subject the requester or a member of his or her household to a bona fide threat of physical force or violence.

Notwithstanding the provisions of chapter 239 of NRS, in denying a request for public records based on the confidentiality provided by this paragraph, the Commission is not required to provide any information that, if disclosed by the Commission in denying the request for public records, would reveal that the requester filed the ethics complaint.

would- *SB129_R2* – 50 – (b) All information, communications, records, documents or other materials in the possession of the requester of the ethics complaint or his or her public body, agency or employer that, if disclosed by either of them, would reveal that the requester filed the ethics complaint.

If the Commission keeps the identity of the requester of an ethics complaint confidential [,] pursuant to this section and the Executive Director does not intend to present the testimony of the requester as evidence for consideration by the Commission at the adjudicatory hearing or in rendering a decision and issuing an opinion in the matter, the Commission shall not render a decision and issue an opinion in the matter unless there is sufficient evidence without the testimony of the requester to consider the propriety of the conduct of the public officer or employee who is the subject of - *SB129_R1* – 54 – the ethics complaint.

5.ethics complaint confidential pursuant to this section and theof an Executive Director intends to present the testimony of the requester hearing or in rendering a decision and issuing an opinion in theory matter and the public officer or employee who is the subject of the ethics complaint submits a written discovery request to the Commission pursuant to NRS 281A.755, the [Commission] Executive Director shall disclose the name of the requester only as a proposed witness [within a reasonable time before the adjudicatory hearing on the matter.] in accordance with the schedule for discovery provided to the parties pursuant to NRS 281A.745.

If the Commission keeps the identity of the requester of an ethics complaint confidential pursuant to this section and the Executive Director intends to present the testimony of the requester as evidence for consideration by the Commission at the adjudicatory hearing or in rendering a decision and issuing an opinion in the matter and the public officer or employee who is the subject of the ethics complaint submits a written discovery request to the Commission pursuant to NRS 281A.755, the [Commission] Executive Director shall disclose the name of the requester only as a proposed witness [within a reasonable time before the adjudicatory hearing on the matter.] in accordance with the schedule for discovery provided to the parties pursuant to NRS 281A.745.

[At any time after being served with written notice of the determination of the review panel regarding the existence of just and sufficient cause for the Commission to render an opinion in the matter,] In accordance with the schedule for discovery provided to the parties pursuant to NRS 281A.745, the public officer or employee who is the subject of the ethics complaint may submit a - *SB129_R2* – 51 – written discovery request to the Commission for a list of proposed witnesses and a copy of any portion of the investigative file that the Executive Director intends to present as evidence for considerationtheconsideration by the Commission at the adjudicatory hearing or in rendering a decision and issuing an opinion in the matter.

- *SB129_R1* – 55 – (2) Any recommendation concerning the ethics complaint prepared by the Executive Director pursuant to NRS 281A.725 and [submitted] presented to the review panel during the course of the investigation and any proceedings before the review panel;

and (3)behalf(3)ofnytheheExecutivetioDirectoredthroughobtanyedformor Any other information provided to or obtained by or on behalf of the Executive Director through any form of communication during the course of the investigation and any proceedings before the review panel and any records, documents or other materials created or maintained during the course of the or investigation and any proceedings before the review panel which relate to the public officer or employee who is the subject of the ethics complaint, including, without limitation, a transcript, regardless of whether such information, records, documents or other materials are obtained pursuant to a subpoena.

ethics2. complaint in a public meeting or hearing.