AB 397 — Revises provisions governing misconduct by certain public officers. (BDR 18-1038)

(ReprintedAssembly withBill amendmentsNo. adopted on May 22, 2019) SECOND REPRINT A.B.

397397–Assemblymen ASSEMBLYBenitez-Thompson BILLNand OFrierson .CHAPTER..........

397–ASSEMBLYMEN B ENITEZ-T HOMPSON AND FRIERSON M ARCH 21, 2019 ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions governing misconduct by certain public officers.

(BDR 18-1038) FISCAL NOTE:

EffEffect on the State:

No.

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

7, § 2) The Assembly of the Nevada Legislature has the sole power to impeach, and all impeachmentsrequires arethat triedprovision byfor the Senate.removal of local elected officers and certain other officers be made by law.

7, § 1)4) Existing law authorizes the removal of certain public officers befor mademalpractice byor law.malfeasance in office.

(Nev.

Const.

Art.

7, § 4) Existing law authorizes theother removal of certain public officers for malpractice or malfeasance in office.

(NRS 233.150) Under existing law, an unlawful employment practice includes discrimination by an employer against a person because of his or her race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin.

An unlawful employment practice based on sex includes aisabilitya or prohibition on engaging in acts that constitute sexual harassment.

If such attempts fail, the Commission is authorized to hold a public hearing on the matter and take certain actions if the Commission finds an unlawful employment praSectionpractice 1 of this bill requires the Commission to accept a complaint that alleges a local elected officer has engagedoccurred. in an unlawful employment practice regarding - *AB397_R2* – 2 – discrimination and take appropriate action.

(NRS 233.170) Section 1 alsoof this bill requires the Commission to presentaccept a complaint tothat thealleges districta courtlocal ifelected theofficer Commissionhas determinesengaged in aan publicunlawful regarding discrimination in employment and that the discriminatory practice isticeregarding severediscrimination orand pervasivetake suchappropriate thataction. removal from office is appropriate.

Section 1 also requires the Commission to present a complaint to the district court if the Commission determines in a public hearing that a local elected officer has committed an unlawful employment practice severe or pervasive such that removal from office is appropriate.

Section 2.5 of this bill defines “malfeasance in office” to include, without limitation, engaging in an unlawful employment practice of thediscrimination Commission.oror willfully failing to comply with any other sanction imposed by THEthe PEOPLECommission. OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

80th Session (2019) – 2 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

4.person who holds a local government office to which the person a was elected.

AsSec. used in this section, “local elected officer” means a person who holds a local government office to which the person was elected.

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80th Session (2019) – 3 – (b) A state officer removable from office only through impeachment pursuant to Article 7 of the Nevada Constitution;

- *AB397_R2* – 4 – 5.

§§ 2000e et seq., or NRS 613.330 that is severe or per(b)pervasive Willfullysuch failingthat toremoval complyfrom withoffice anyis otheran sanctionappropriate imposedremedy. upon a local elected officer pursuant to section 1 of this act.

80th Session (2019) – 4 – (b) Willfully failing to comply with any other sanction imposed upon a local elected officer pursuant to section 1 of this act.

H~~~~~ -19 *AB397_R2*80th Session (2019)