State of Nevada

Date Approved: 1993

Other Version(s) in our Codes
of Ethics Online Collection: None

Disclaimer: Please note the codes in our collection might not necessarily be the most recent versions. Please contact the individual organizations or their websites to verify if a more recent or updated code of ethics is available. CSEP does not hold copyright on any of the codes of ethics in our collection. Any permission to use the codes must be sought from the individual organizations directly.

Ethics in Government

CHAPTER 281

GENERAL PROVISIONS

DEFINITIONS

NRS 281.005 "Public officer" and "special use vehicle" defined.

CLASSIFICATION AND COMMISSIONS OF OFFICERS

NRS 281.010 Elected and appointed officers. [Effective until January 1, 1999.]

NRS 281.010 Elected and appointed officers. [Effective January 1, 1999, and expires by limitation on the date on which the voters approve a constitutional amendment establishing an intermediate court of appeals.]

NRS 281.020 State officers to receive commissions from governor.

NRS 281.030 Official oath: Endorsement on commission or certificate of election.

DISQUALIFICATIONS FOR OFFICE OR EMPLOYMENT

NRS 281.040 Eligibility for office of honor, profit or trust.

NRS 281.050 Legal residence: Eligibility for office; determination of legal residence; vacancy in office upon change in residence.

NRS 281.055 Prohibition against filing for or holding more than one elective office at same time; exceptions.

NRS 281.057 Change of political party: Disqualification for appointment to certain boards and commissions.

NRS 281.060 Preferential employment by state and political subdivisions; employment of aliens; penalty.

DEPUTIES AND SUBORDINATES

NRS 281.080 Deputy to take official oath.

NRS 281.090 Deputies and clerks to perform work for state boards and commissions without compensation.

HOURS OF EMPLOYMENT

NRS 281.100 Hours of service of employees of state and political subdivisions; exceptions; penalty.

NRS 281.110 State offices to maintain 40-hour work weeks; variable schedules for work week; hours to remain open.

COMPENSATION OF OFFICERS AND EMPLOYEES

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

NRS 281.121 Compensation for employees required to wear uniforms.

NRS 281.123 Limitation on maximum salary payable to persons employed by state.

NRS 281.1233 Procedure for state agency to obtain exception to limitation on salary.

NRS 281.125 Restrictions upon payment of salary of appointive officer or employee when salary determined by law.

NRS 281.127 State officers and employees paid one salary for all services rendered; exceptions.

NRS 281.1275 Reduction in salary of certain public officers and employees for part-day absence from work prohibited; accounting for part-day absence; exception.

NRS 281.129 Voluntary deductions from payroll for state officers and employees; regulations.

NRS 281.130 Salaries and fees of public officers and employees subject to attachment, garnishment and execution; fraudulent assignment void; restriction on running of statute of limitations.

NRS 281.140 State officers may sell evidence of public indebtedness issued for services rendered.

NRS 281.145 Leave of absence for military duty.

NRS 281.147 Leave of absence for duty as American National Red Cross disaster technician.

NRS 281.150 Payment of stipends for educational leave.

NRS 281.153 Program for temporarily disabled police officers and firemen: Election of salary in lieu of compensation for injury or disease; notice to insurer of election to receive salary; accrual of benefits.

NRS 281.155 Payment of compensation due to deceased employee of state or political subdivision.

NRS 281.157 Commission to review compensation: Definition.

NRS 281.1571 Commission to review compensation: Creation; composition.

NRS 281.1572 Commission to review compensation: Notification of appointment; terms; removal; vacancy.

NRS 281.1573 Commission to review compensation: Salary; meetings; administrative support.

NRS 281.1574 Commission to review compensation: Quorum; vote required to approve recommendations regarding compensation.

NRS 281.1575 Commission to review compensation: Duties.

TRAVEL AND SUBSISTENCE FOR STATE OFFICERS AND EMPLOYEES

NRS 281.160 Persons entitled to payment for expenses; rate of allowance for travel; use of private or special use vehicles; reimbursement of weekend travel expenses; regulations.

NRS 281.165 District judge to submit claims for travel and subsistence to court administrator.

NRS 281.167 Payment of subsistence and expenses of travel and moving on transfer or hiring of state employee; repayment on voluntary termination of employment; regulations; claims.

NRS 281.169 Payment of travel and per diem expenses of applicant for employment; claims.

ADVANCES OF MONEY TO STATE OFFICERS AND EMPLOYEES FOR TRAVEL AND SUBSISTENCE

NRS 281.171 Account for travel advances: Creation; use; duties of state treasurer.

NRS 281.172 Application; approval by administrative head or state treasurer; payment upon approval.

NRS 281.173 Advance constitutes lien on accrued wages of officer or employee.

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

NRS 281.1745 Cash advance when reimbursement may be delayed.

NRS 281.175 Regulations of state treasurer.

RECORDS

NRS 281.180 Record of official acts of person taking acknowledgments; liability and penalty.

NRS 281.190 Unlawful withholding or destruction of records; penalties.

MISCELLANEOUS PROVISIONS AND PROHIBITIONS

NRS 281.210 Officers of state, political subdivision and University and Community College System of Nevada prohibited from employing relatives; exceptions; penalties.

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

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

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

NRS 281.240 Grant of authority to discharge duties of public office unlawful; giving consideration for grant unlawful; penalties.

NRS 281.250 Administration of oaths and affirmations by officers.

NRS 281.260 Fees for returns prohibited; computation of mileage; penalty.

NRS 281.270 Officer to prevent duel: Penalty.

NRS 281.280 Officer refusing to receive or arrest person charged with criminal offense: Penalties.

NRS 281.290 Officer executing process may command assistance when resistance made.

NRS 281.310 Audits and allowances of accounts of state officers: Affidavits; oaths and affirmations.

NRS 281.320 Withholding of settlement and payment of accounts of public officers.

NRS 281.330 Advocating overthrow of government cause for dismissal of public employee.

NRS 281.340 Obtaining appointment by false letter or certificate: Penalty.

NRS 281.350 Grafting by public officer or employee: Penalty.

NRS 281.360 Failure by public officer or employee to perform duty: Penalty.

NRS 281.370 Actions concerning personnel to be based on merit and fitness; discrimination prohibited.

NRS 281.375 Application for employment: Volunteer work must be considered.

NRS 281.380 Public officers and employees required to accept reproductions of business records for examination and other purposes.

NRS 281.390 Sick leave of public employees: Election of benefits; amount limited when eligible for benefits for industrial or occupational disease. [Effective until July 1, 1999.]

NRS 281.390 Sick leave of public employees: Election of benefits; amount limited when eligible for benefits for industrial or occupational disease. [Effective July 1, 1999.]

NRS 281.400 Coercion respecting membership in organizations of aged, blind or disabled prohibited.

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

ETHICS IN GOVERNMENT

General Provisions

NRS 281.411 Short title.

NRS 281.421 Legislative declaration and findings.

NRS 281.431 Definitions.

NRS 281.432 "Business entity" defined.

NRS 281.4323 "Candidate" defined.

NRS 281.4325 "Commission" defined.

NRS 281.4327 "Compensation" defined.

NRS 281.433 "Decision" defined.

NRS 281.434 "Household" defined.

NRS 281.4345 "Legislative function" defined.

NRS 281.435 "Member of the executive branch" defined.

NRS 281.4355 "Member of the legislative branch" defined.

NRS 281.436 "Public employee" defined.

NRS 281.4365 "Public officer" defined.

Commission on Ethics

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

NRS 281.461 Chairman; meetings; compensation; employees and facilities.

NRS 281.465 Jurisdiction.

NRS 281.471 Duties.

NRS 281.475 Oaths; subpoenas.

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

Code of Ethical Standards

NRS 281.481 General requirements; exceptions.

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

NRS 281.501 Additional standards: Voting by members of legislative branch and other public officers or employees; effect of abstention from voting on quorum; required disclosures.

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

NRS 281.511 Commission to hold public hearings, render advisory opinions and publish abstracts; confidentiality; notice and hearing.

NRS 281.521 Questions which advisory opinions may address; guidance on campaign practices prohibited.

NRS 281.525 Use of false or misleading statement regarding advisory opinion of commission; penalty.

NRS 281.531 Duties of attorney general.

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

NRS 281.551 Commission authorized to impose civil penalties; commission required to file report concerning violation committed by public officer removable by impeachment; circumstance when violation not deemed willful; effect of code upon criminal law.

Miscellaneous Provisions

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

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

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

Financial Disclosure Statement

NRS 281.561 Filing.

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

NRS 281.573 Retention by commission, secretary of state, county clerk and city clerk.

NRS 281.575 Candidates to receive form; instructions for completion.

NRS 281.581 Civil penalty for failure to disclose: Amount; procedure.

DISCLOSURE OF IMPROPER GOVERNMENTAL ACTION

NRS 281.611 Definitions.

NRS 281.621 Declaration of public policy.

NRS 281.631 State officer or employee prohibited from using authority or influence to prevent disclosure of improper governmental action by another state officer or employee.

NRS 281.641 Reprisal or retaliatory action against state officer or employee who discloses improper governmental action: Written appeal; hearing; order; negative ruling may not be based on identity of persons to whom disclosure was made; rules of procedure.

NRS 281.651 Use of provisions for harassment prohibited; disciplinary procedures authorized for disclosure of untruthful information.

NRS 281.661 Summary of provisions to be prepared and made available to state officers and employees each year.

NRS 281.671 Effect of provisions upon criminal law.

CHAPTER 281

GENERAL PROVISIONS

CROSS REFERENCES

Actions against public officers or employees-

Civil actions, NRS 41.0305-41.039

Criminal actions, NRS 228.175

Substitution of successor in civil action, N.R.C.P. 25(d); JCRCP 25(d)

Venue, NRS 13.020

Administrative Procedure Act, NRS ch. 233B

Attorney general, election, Const. Art. 5 § 19

Auditing of agencies, NRS 218.737-218.893

Board of county commissioners includes board of supervisors of Carson City, NRS 0.035

Bribing or influencing public officer unlawful, NRS ch. 197

Compensation may be increased or diminished by legislature, Const. Art. 15 § 9

Conflicts of interest-

City governing bodies, officers, NRS 268.384, 268.386

County commissioners, NRS 269.071

County hospitals, board of trustees, NRS 450.135

County officers, NRS 245.075

County road supervisor, NRS 403.151

Fair and recreation boards, NRS 244A.623

Financial institutions, division of, NRS 658.165, 673.03531, 675.045, 677.145, 678.275

Industrial relations, division of, administrator, NRS 232.610

Irrigation districts, officers, NRS 539.081

Legislators, NRS 218.605

Local improvement district officers, NRS 309.145

Public administrators, NRS 253.110

Public utilities commission, NRS 703.050

School board trustees, NRS 386.305

State printing division, superintendent, NRS 344.045

Town boards, officers, NRS 269.071-269.073

Transportation, department of, officers and employees, NRS 408.353

University of Nevada, board of regents, NRS 396.122

Controlled substances violation, termination of employment, NRS 193.105

Disqualification for office-

Bribery, Const. Art. 4 § 10

Conviction of felony, NRS 197.230

Defalcation, Const. Art. 4 § 10

Embezzlement, Const. Art. 4 § 10

Malfeasance, NRS 197.230

Educational leave stipends, employment security division, NRS 612.230

Election campaign practices, NRS ch. 294A

Ethics in Government Law, when provisions inapplicable to county, city, town officers, NRS 245.110, 268.380, 269.070

Extortion to influence public officer´s action, NRS 205.320

Federal officers ineligible to hold state office, Const. Art. 4 § 9

Financial records of customers of financial institutions, disclosure, NRS ch. 239A

Forgery of signature of public officer unlawful, NRS 205.175

Garnishment of officer, NRS 31.292

Governor-

Election, Const. Art. 5 § 2

Written information from executive officers may be required, Const. Art. 5 § 6

Holidays, public offices closed, NRS 236.015

Jury duty, state officers exempt, NRS 6.020

Legislators-

Election, Const. Art. 4 § 3, Art. 4 § 4

Ineligibility for appointment to newly created public office, Const. Art. 4 § 8

Lieutenant governor, election, Const. Art. 5 § 17

Lobbying Disclosure Act, Nevada, NRS 218.900-218.944

Local Government Employee-Management Relations Act, NRS ch. 288

Local government purchasing contracts, prohibited interest in, NRS 332.155

Merit system governing employment, Const. Art. 15 § 15

Nevada Reports, distribution to, NRS 345.020

Oath of office, Const. Art. 15 § 2

Pleading official act, N.R.C.P. 9(d); JCRCP 9(d)

Privileged communications-

Public officer as witness, NRS 49.285

Reports required by statute, NRS 49.025

Programs for public employees, NRS ch. 287

Quo warranto proceedings to oust person usurping public office, NRS 35.010, 35.050

Records open to public inspection, NRS 239.010

Removal of civil officer for malfeasance or nonfeasance, Const. Art. 7 § 4

Secretary of state, election, Const. Art. 5 §19

State controller, election, Const. Art. 5 § 19

State treasurer, election, Const. Art. 5 § 19

State vehicles, unlawful to use for private use, NRS 204.080, 334.010

Statutes of Nevada, distribution to, NRS 345.010

Supreme court advance sheet opinions, free distribution, NRS 2.345

Supreme court justices, election, Const. Art. 6 § 3

Tenure, Const. Art. 15 § 11

Uniform Facsimile Signatures of Public Officials Act, NRS ch. 351

WEST PUBLISHING CO.

Officers and Public Employees ! 119.

WESTLAW Topic No. 283.

C.J.S. Officers and Public Employees §§ 250 to 254, 280.

ATTORNEY GENERAL´S OPINIONS.

Payment of state personnel for overtime work is valid regulation. There is no express statutory authorization in NRS ch. 281, which concerns state offices and officers, or in NRS ch. 284, state personnel act, for payment of overtime work, but sec. 4.03 of Rules for State Personnel Administration makes such provision as valid regulation promulgated under statutory authority, and such rule is equally as applicable to unclassified service as to classified service. AGO 224 (6-8-1961)

DEFINITIONS

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

1. Except as limited for the purposes of NRS 281.411 to 281.581, inclusive, "public officer" means a person elected or appointed to a position which:

(a) Is established by the constitution or a statute of this state, or by a charter or ordinance of a political subdivision of this state; and

(b) Involves the continuous exercise, as part of the regular and permanent administration of the government, of a public power, trust or duty.

2. "Special use vehicle" means any vehicle designed or used for the transportation of persons or property off paved highways.

(Added to NRS by 1967, 1471; A 1971, 593; 1977, 1109)

NEVADA CASES.

County director of juvenile court services not "public officer." County director of juvenile court services was not "public officer" within definition contained in NRS 281.005 because although position was created by statute, his duties were prescribed by his superiors and not by statute, no tenure attached to position, he had no power to hire or fire, and was wholly subordinate and responsible to his superiors. Mullen v. Clark County, 89 Nev. 308, 511 P.2d 1036 (1973), cited, Eads v. City of Boulder City, 94 Nev. 735, at 737, 587 P.2d 39 (1978), distinguished, Rusk v. Whitmire, 91 Nev. 689, at 691, 541 P.2d 1097 (1975)

County director of juvenile court services entitled to overtime compensation as public employee. Under provisions of NRS 281.100, which permits payment of compensation for overtime worked by employees but not by "officials," former county director of juvenile court services, who was not "public officer" within definition contained in NRS 281.005, was entitled to compensation as public employee, because term "officials" as used in NRS 281.100 should be construed to mean "public officer" as those words are used in NRS 281.005. Mullen v. Clark County, 89 Nev. 308, 511 P.2d 1036 (1973), distinguished, Rusk v. Whitmire, 91 Nev. 689, at 691, 541 P.2d 1097 (1975)

CLASSIFICATION AND COMMISSIONS OF OFFICERS

NRS 281.010 Elected and appointed officers. [Effective until January 1, 1999.]

1. The following officers must be elected:

(a) A governor.

(b) A lieutenant governor.

(d) The number of members of the House of Representatives of the United States to which this state may be entitled.

(e) The number of presidential electors to which this state may be entitled.

(f) Five justices of the supreme court.

(g) District judges.

(h) Senators and members of the assembly.

(i) A secretary of state.

(j) A state treasurer.

(k) A state controller.

(l) An attorney general.

(m) Other officers whose elections are provided for by law.

(n) For each county, and the equivalent officers for Carson City:

(1) One county clerk, who is ex officio clerk of the board of county commissioners and clerk of the district court of his county.

(2) One sheriff.

(3) One district attorney.

(4) One public administrator, except where otherwise provided by law.

(5) One county assessor, except where otherwise provided by law.

(6) One county treasurer, except where otherwise provided by law.

(7) The number of county commissioners as provided by law.

(8) One county recorder, who is ex officio county auditor in counties in which a county comptroller has not been appointed.

(9) Justices of the peace.

(10) Constables, except where otherwise provided by law.

2. The following officers must be appointed:

(a) Commissioners of deeds for the respective states and territories of the United States and foreign countries.

(b) All officers who are not elected.

NRS CROSS REFERENCES.

Attorney general, election, Const. Art. 5 § 19

"Board of county commissioners" includes board of supervisors of Carson City, NRS 0.035

District court judges, election, Const. Art. 6 § 5

Governor, election, Const. Art. 5 § 2

Lieutenant governor, election, Const. Art. 5 § 17

Secretary of state, election, Const. Art. 5 § 19

State controller, election, Const. Art. 5 § 19

State legislators, election, Const. Art. 4 §§ 3, 4

State treasurer, election, Const. Art. 5 § 19

Supreme court justices, election, Const. Art. 6 § 3

WEST PUBLISHING CO.

States ! 46.

WESTLAW Topic No. 360.

C.J.S. States §§ 61, 80, 84, 102.

1. The following officers must be elected:

(a) A governor.

(b) A lieutenant governor.

(d) The number of members of the House of Representatives of the United States to which this state may be entitled.

(e) The number of presidential electors to which this state may be entitled.

(f) Justices of the supreme court.

(g) District judges.

(h) Senators and members of the assembly.

(i) A secretary of state.

(j) A state treasurer.

(k) A state controller.

(l) An attorney general.

(m) Other officers whose elections are provided for by law.

(n) For each county, and the equivalent officers for Carson City:

(1) One county clerk, who is ex officio clerk of the board of county commissioners and clerk of the district court of his county.

(2) One sheriff.

(3) One district attorney.

(4) One public administrator, except where otherwise provided by law.

(5) One county assessor, except where otherwise provided by law.

(6) One county treasurer, except where otherwise provided by law.

(7) The number of county commissioners as provided by law.

(8) One county recorder, who is ex officio county auditor of his county if a county comptroller has not been appointed in his county.

(9) Justices of the peace.

(10) Constables, except where otherwise provided by law.

2. The following officers must be appointed:

(a) Commissioners of deeds for the respective states and territories of the United States and foreign countries.

(b) All officers who are not elected.

[1:108:1866; B § 2599; BH § 1636; C § 1782; RL § 2765; NCL § 4765]-(NRS A 1957, 109, 655; 1967, 455; 1969, 7, 328, 1110, 1466, 1524, 1545; 1973, 318, 1479; 1979, 533; 1981, 1955; 1985, 702, 1215; 1997, 1531, effective January 1, 1999, and expires by limitation on the date on which the voters approve a constitutional amendment establishing an intermediate court of appeals)

REVISER´S NOTE.

Ch. 433, Stats. 1997, which amended NRS 281.010, contains the following provision not included in NRS:

"1. Sections 1 to 7, inclusive, of this act, expire by limitation on the date on which the qualified electors of this state approve a constitutional amendment that establishes an intermediate court of appeals within the State of Nevada.

2. Notwithstanding the provisions of subsection 1, the additional justices whose positions are abolished by the establishment of an intermediate court of appeals must be permitted to serve the remainder of the terms to which they were elected. At the end of those terms, the positions of the additional justices must be abolished, along with the positions of any staff hired directly to support the additional justices."

NRS 281.020 State officers to receive commissions from governor.

1. All state officers shall receive their commissions from the governor.

2. All commissions of officers shall be in the name and by the authority of the State of Nevada, and shall be sealed with the great seal of the state, signed by the governor, and countersigned by the secretary of state.

[29:108:1866; B § 2627; BH § 1664; C § 1810; RL § 2793; NCL § 4793] + [Part 30:108:1866; B § 2628; BH § 1665; C § 1811; RL § 2794; NCL § 4794]

WEST PUBLISHING CO.

States ! 53.

WESTLAW Topic No. 360.

C.J.S. States §§ 81 to 101, 136.

NRS 281.030 Official oath: Endorsement on commission or certificate of election.

1. The official oath, except in the cases specified in NRS 218.090, 223.030 and 224.030, shall be endorsed on the commission or certificate of election of the officer and signed by him, and shall be certified by the officer before whom the oath or affirmation shall have been taken.

2. Every officer, whose oath of office is required to be endorsed on his commission or certificate of election, shall take and subscribe to the oath at the time of the reception of the commission or certificate.

3. The oath shall be taken, and, except in the cases prescribed in NRS 218.090, 223.030 and 224.030, may be subscribed before any justice of the supreme court or clerk thereof, any judge of the district court or clerk thereof, a county clerk, notary public, or justice of the peace, unless otherwise directed by law.

[23:108:1866; B § 2621; BH § 1658; C § 1804; RL § 2787; NCL § 4787] + [26:108:1866; B § 2624; BH § 1661; C § 1807; RL § 2790; NCL § 4790] + [27:108:1866; B § 2625; BH § 1662; C § 1808; RL § 2791; NCL § 4791]

NRS CROSS REFERENCES.

Text of oath, NRS 282.020

WEST PUBLISHING CO.

States ! 48.

WESTLAW Topic No. 360.

C.J.S. States §§ 61, 83, 91.

NEVADA CASES.

Endorsement of oath and certificate of election or appointment must be in writing. Under sec. 23, ch. 108, Stats. 1866 (cf. NRS 281.030), requiring that oath of public officer be endorsed on his commission or certificate of election, and sec. 32 of same act (cf. NRS 283.130), requiring that any public officer elected or appointed to fill any vacancy receive certificate of election or appointment, appointment to public office must be in writing and cannot be shown by parol. State ex rel. Guinan v. Meder, 22 Nev. 264, 38 Pac. 668 (1894)

Provision that oath be endorsed is directory; no penalty for nonperformance. Substantial purpose of sec. 23, ch. 108, Stats. 1866 (cf. NRS 281.030), which requires that oath taken by elected officer be endorsed upon certificate of election, is qualification of officer by taking and subscribing to oath, and where person elected to office of school trustee took oath, fact that oath was not endorsed upon certificate of election did not create vacancy in office, because provision that oath should be endorsed upon certificate is directory, and no penalty is imposed for its nonperformance. State ex rel. Dixon v. Van Patten, 26 Nev. 273, 66 Pac. 822 (1901)

DISQUALIFICATIONS FOR OFFICE OR EMPLOYMENT

NRS 281.040 Eligibility for office of honor, profit or trust. No person who is not a qualified elector shall be eligible to any office of honor, profit or trust in and under the government and laws of this state.

[Part 2:108:1866; A 1953, 711; 1955, 459]

WEST PUBLISHING CO.

Officers and Public Employees ! 18.

WESTLAW Topic No. 283.

C.J.S. Officers and Public Employees §§ 15, 16.

NEVADA CASES.

Resolution of ambiguities in statutes resolved in favor of right to hold office. Right to hold office is one of valuable rights of citizenship, and any ambiguities in statutes which limit or qualify that right are to be resolved in favor of eligibility. (See also NRS 281.040.) Gilbert v. Breithaupt, 60 Nev. 162, 104 P.2d 183 (1940), cited, State of Nevada Employees Ass´n v. Lau, 110 Nev. 715, at 720, 877 P.2d 531 (1994), Nevada Judges Ass´n v. Lau, 112 Nev. 51, at 55, 910 P.2d 898 (1996), AGO 96-22 (8-6-1996), AGO 96-23 (8-9-1996)

Statutes limiting right to hold office construed in favor of eligibility. Statutes which limit and qualify right to hold office are to be liberally construed in favor of eligibility, and such limitations will not be extended to cases which are not within their purview. (See also NRS 281.040.) Gilbert v. Breithaupt, 60 Nev. 162, 104 P.2d 183 (1940), cited, State of Nevada Employees Ass´n v. Lau, 110 Nev. 715, at 720, 877 P.2d 531 (1994), AGO 96-22 (8-6-1996), AGO 96-23 (8-9-1996)

ATTORNEY GENERAL´S OPINIONS.

Blindness no disqualification. Fact that person is blind is no disqualification under law for holding office. AGO (9-18-1912)

Candidate need not be registered voter. Candidate for public office need not be registered voter, registration not being qualification of elector, but mere condition to right to vote. AGO 68 (3-30-1916)

Party candidate. Party candidate need not be registered voter; registration not being qualification to hold public office. AGO 327 (7-19-1946)

Change of political affiliation bars candidacy. Person who changes political affiliation from one party to another by reregistering after general election may not be candidate of such party at ensuing primary election. AGO 898 (3-30-1950); AGO B942 (8-9-1950)

Five-year domicile requirement for candidacy is unconstitutional. Requirement that candidate be domiciled in state for 5 years next preceding declaration or acceptance of candidacy imposes unconstitutional qualification upon seeking public offices. AGO 311 (1-13-1954); AGO 312 (1-21-1954)

NRS 281.050 Legal residence: Eligibility for office; determination of legal residence; vacancy in office upon change in residence.

1. The legal residence of a person with reference to his eligibility to office is that place where he has been actually, physically and corporeally present within the state or county or district, as the case may be, during all the period for which residence is claimed by him. Should any person absent himself from the jurisdiction of his residence such absence shall be considered in determining the question of legal residence.

2. If a candidate who has filed for elective office moves his residence out of the state, county, district, ward, subdistrict or any other unit prescribed by law for which he is a candidate and in which he is required to reside, a vacancy is created thereby and the appropriate action for filling such vacancy shall be taken.

3. The district court has jurisdiction to determine the question of legal residence in an action for declaratory judgment.

[Part 1:158:1911; RL § 3609; NCL § 6405]-(NRS A 1971, 433; 1975, 616)

WEST PUBLISHING CO.

Officers and Public Employees ! 22.

WESTLAW Topic No. 283.

C.J.S. Officers and Public Employees § 26.

NEVADA CASES.

Legal residence requires intent to establish permanent habitation. Before passage of sec. 1, ch. 138, Stats. 1911 (cf. NRS 10.155 and 281.050), it was necessary for person who was resident of another state in order to establish legal residence in Nevada to come into state with intention of making Nevada his permanent home. Mere coming for special purpose and limited time would not establish legal residence. Statute of 1911 providing that residence is where person shall have been physically present for period of residence claimed did not repeal necessity of intent to establish permanent habitation. Presson v. Presson, 38 Nev. 203, 147 Pac. 1081 (1915), cited, Merritt v. Merritt, 40 Nev. 385, at 392, 160 Pac. 22, 164 Pac. 644 (1917), Walker v. Walker, 45 Nev. 105, at 108, 198 Pac. 433 (1921), Confer v. District Court, 49 Nev. 18, at 30, 234 Pac. 688 (1925), Lewis v. Lewis, 50 Nev. 419, at 424, 264 Pac. 981 (1928), Latterner v. Latterner, 51 Nev. 285, at 290, 274 Pac. 194 (1929), Blouin v. Blouin, 67 Nev. 314, at 316, 218 P.2d 937 (1950)

Statutory provision establishing legal residence as place of physical presence did not eliminate requirement of intent to remain permanently. Sec. 1, ch. 138, Stats. 1911 (cf. NRS 10.155 and 281.050), providing that legal residence for all purposes is where person was physically present for period claimed was not repugnant to earlier statute providing that legal residence for certain purposes be where his habitation is permanent and where he intends to return when absent, and 1911 statute did not repeal by implication the necessity of intent of remaining permanently in order to establish legal residence. Presson v. Presson, 38 Nev. 203, 147 Pac. 1081 (1915), cited, Walker v. Walker, 45 Nev. 105, at 108, 198 Pac. 433 (1921), Confer v. District Court, 49 Nev. 18, at 30, 234 Pac. 688 (1925), Lewis v. Lewis, 50 Nev. 419, at 424, 264 Pac. 981 (1928), Latterner v. Latterner, 51 Nev. 285, at 290, 274 Pac. 194 (1929), Blouin v. Blouin, 67 Nev. 314, at 316, 218 P.2d 937 (1950)

Court without jurisdiction to grant divorce when physical presence not accompanied by intent to remain permanently. Residence required by RL § 5838 (cf. NRS 125.020) and sec. 1, ch. 158, Stats. 1911 (cf. NRS 10.155 and 281.050), is not merely physical presence for length of time provided for bringing of divorce action. Presence must be accompanied by intention of remaining permanently. Where plaintiff physically remained in Nevada 6 months as provided by statute before commencing her divorce action, but intended to return to state where she had formerly resided immediately upon obtaining divorce, court was without jurisdiction to grant her divorce. Presson v. Presson, 38 Nev. 203, 147 Pac. 1081 (1915), cited, Merritt v. Merritt, 40 Nev. 385, at 392, 160 Pac. 22, 164 Pac. 644 (1917), Blakeslee v. Blakeslee, 41 Nev. 235, at 243, 168 Pac. 950 (1917), Walker v. Walker, 45 Nev. 105, at 108, 198 Pac. 433 (1921), Confer v. District Court, 49 Nev. 18, at 30, 234 Pac 688 (1925), Lewis v. Lewis, 50 Nev. 419, at 424, 264 Pac. 981 (1928), Latterner v. Latterner, 51 Nev. 285, at 290, 274 Pac. 194 (1929), Blouin v. Blouin, 67 Nev. 314, at 316, 218 P.2d 937 (1950), Aldabe v. Aldabe, 84 Nev. 392, at 396, 441 P.2d 691 (1968)

Statutory construction of legal residence requirements adds requirement of physical presence to previous requirement of intent to maintain permanent habitation. Canon of construction in considering legislative enactments is to avoid absurd construction. Therefore, sec. 1, ch. 158, Stats. 1911 (cf. NRS 10.155 and 281.050), requiring physical presence to establish legal residence, construed with previous statute requiring intent to remain permanently to establish residence, was deemed to add requirement of physical presence to previous requirement of intent to maintain permanent habitation to establish legal residence, as any other construction would have been absurd. Presson v. Presson, 38 Nev. 203, 147 Pac. 1081 (1915), cited, Merritt v. Merritt, 40 Nev. 385, at 392, 160 Pac. 22, 164 Pac. 644 (1917), Walker v. Walker, 45 Nev. 105, at 108, 198 Pac. 433 (1921), Confer v. District Court, 49 Nev. 18, at 30, 234 Pac. 688 (1925), Lewis v. Lewis, 50 Nev. 419, at 424, 264 Pac. 981 (1928), Latterner v. Latterner, 51 Nev. 285, at 290, 274 Pac. 194 (1929), Blouin v. Blouin, 67 Nev. 314, at 316, 218 P.2d 937 (1950)

ATTORNEY GENERAL´S OPINIONS.

Residence is question of intent. Residence is question of intent and can only be established by all surrounding circumstances in each particular case. AGO 98 (2-24-1922)

"Legal residence" synonymous with "domicile." Term "legal residence" as used in this section is synonymous with "domicile." AGO 26 (3-21-1955)

Person living and working in Nevada is resident eligible to run for office. Person living and working in Nevada during week and visiting family on weekends in Idaho is resident of Nevada and county in which he works and is thus eligible to run for office of justice of the peace. AGO 210 (9-13-1956)

Residence within township unnecessary for appointment to office of justice of the peace. If vacancy occurs in office of justice of the peace and county commissioners elect, pursuant to NRS 4.150, to fill vacancy by appointment, residency restrictions of NRS 281.050 and 293.1755 do not apply to applicants for appointment and county commissioners need only appoint "suitable person" (see NRS 4.150 and 245.170) which means one who is qualified elector meeting qualifications set forth in Nev. Art. 2, § 1. Residence within township to which office pertains is unnecessary for appointment to that office. AGO 87-13 (7-30-1987)

Residency requirements for candidate for office of justice of the peace. For purposes of NRS ch. 293, justice of the peace is township officer (see NRS 293.193), therefore, candidate for election to office of justice of the peace must, pursuant to NRS 293.1755, be resident of particular township to which office pertains at least 30 days before close of filing of declaration of candidacy. If candidate moves from township subsequent to filing declaration of candidacy, vacancy is created. (See NRS 281.050.) AGO 87-13 (7-30-1987)

NRS 281.055 Prohibition against filing for or holding more than one elective office at same time; exceptions.

1. Except as otherwise provided in subsection 2, no person may:

(a) File nomination papers for more than one elective office at any election.

(b) Hold more than one elective office at the same time.

2. The provisions of subsection 1 shall not be construed to prevent any person from filing nomination papers for or holding an elective office of any special district (other than a school district), such as an irrigation district, a local or general improvement district, a soil conservation district or a fire protection district, and at the same time filing nomination papers for or holding an elective office of the state, or any political subdivision or municipal corporation thereof.

(Added to NRS by 1961, 299; A 1965, 169)

WEST PUBLISHING CO.

Officers and Public Employees ! 30.

WESTLAW Topic No. 283.

C.J.S. Officers and Public Employees §§ 27, 30, 89, 90.

ATTORNEY GENERAL´S OPINIONS.

Holding two elected offices at the same time is prohibited except in special districts. Under NRS 281.055, person cannot hold two elective offices at same time except elective offices in special districts which legislature specifically set forth in statute. AGO 3 (2-5-1963)

Person cannot be both municipal judge and justice of the peace at same time. Where person held office of municipal judge and justice of the peace and was reelected justice of the peace at subsequent general election, such person must elect which of two offices he wishes to fill, and resign other in compliance with NRS 281.055. AGO 3 (2-5-1963)

Prohibition inapplicable to holders of one elective and one appointed office. Prohibition under NRS 281.055 against person holding two elective offices does not apply to persons who seek to hold one elective office and one appointive office. AGO 82 (10-23-1963)

Justice of the peace not prohibited from being police judge in city incorporated by special charter. Where justice of the peace holds office as elective official, he is not prohibited under NRS 281.055 from holding office at same time as police judge of city incorporated by special charter within township. AGO 82 (10-23-1963)

Holding more than one salaried elective office at the same time prohibited. Under NRS 281.055 no person can hold more than one salaried elective office at same time. AGO 153 (7-20-1964)

Filing for multiple offices permitted if only one is salaried elective office. Where candidate files for multiple offices, which candidate may file for different offices if only one office is salaried and elective. Under NRS 281.055, person is prohibited from holding more than one salaried elective office at same time. AGO 153 (7-20-1964)

Filing nomination papers for more than one elective office prohibited. Under NRS 281.055 no person may file nomination papers for more than one elective office at any election or hold more than one elective office at same time; therefore person currently holding elective office may file nomination papers for different elective office. AGO 345 (7-7-1966)

Qualified elector may run for office of county surveyor only in county of residence. Qualified elector may run for office of county surveyor only in county in which he resides, because office is elective county office under Nev. Art. 4, § 32, and NRS 281.055 prohibits filing for or holding more than one elective office at same time. AGO 674 (7-14-1970)

NRS 281.057 Change of political party: Disqualification for appointment to certain boards and commissions. When the law creating any appointive state board or commission requires that political party affiliation be balanced among the members, no person may be appointed to any such board or commission who has changed his party registration within the immediately preceding 2-year period.

(Added to NRS by 1971, 50)

WEST PUBLISHING CO.

Officers and Public Employees ! 25.

WESTLAW Topic No. 283.

C.J.S. Officers and Public Employees § 34.

NRS 281.060 Preferential employment by state and political subdivisions; employment of aliens; penalty.

1. Only citizens or wards of the United States or persons who have been honorably discharged from the military service of the United States may be employed by any officer of the State of Nevada, by any political subdivision of the state, or by any person acting under or for such an officer in any office or department of the State of Nevada or political subdivision of the state.

2. In all cases where persons are so employed, preference must be given, if the qualifications of the applicants are equal:

(a) First: To honorably discharged military personnel of the United States who are citizens of the State of Nevada.

(b) Second: To other citizens of the State of Nevada.

3. Nothing in this section prevents:

(a) The working of prisoners by the State of Nevada or by any political subdivision of the state, on street or road work or other public work.

(b) The employment of aliens, who have not forfeited their right to citizenship by claiming exemption from military service, as common laborers in the construction of public roads, when it can be shown that citizens or wards of the United States or persons who have been honorably discharged from the military service of the United States are not available for such employment. Any alien so employed must be replaced by a citizen, ward or ex-service person of the United States applying for employment.

(c) The employment of any teacher, instructor or professor authorized to teach in the United States under the teacher-exchange programs as authorized by federal laws enacted by the Congress of the United States.

(d) Except as otherwise provided in this paragraph, the employment of aliens by the University and Community College System of Nevada in the technical, graduate assistant and student categories. Except in the foreign language departments, not more than 5 percent of the total number of persons employed in the technical, graduate assistant and student categories may be aliens.

(e) Employment of aliens in any state or political subdivision hospital.

4. Subject to the exceptions contained in this section, money must not be paid out of the state treasury or out of the treasury of any political subdivision of the state to any person employed on any of the work mentioned in this section unless the person is a citizen or ward or naturalized citizen of the United States.

5. Any officer of the State of Nevada, or of any political subdivision of the state, or any person acting under or for such an officer, or any other person who violates any of the provisions of this section is guilty of a misdemeanor. The penalties provided for in this section do not apply where the violations result from misrepresentations made by the employee by the production of fraudulent papers evidencing citizenship in the United States.

[Part 1:168:1919; A 1921, 205; 1929, 89; NCL § 6173] + [3:168:1919; 1919 RL p. 2965; NCL § 6175] + [Part 4:168:1919; A 1921, 205; NCL § 6176]-(NRS A 1963, 289; 1967, 547; 1969, 400, 879, 1425; 1973, 222; 1993, 372)

WEST PUBLISHING CO.

Officers and Public Employees ! 18, 26(2), 27.

WESTLAW Topic No. 283.

C.J.S. Officers and Public Employees §§ 15, 16, 34, 35, 37.

ATTORNEY GENERAL´S OPINIONS.

Preference to veterans in state employment is constitutional. NCL § 6173 (cf. NRS 281.060 and 338.130), giving preference to employment of veterans in offices of state and political subdivisions is constitutional. AGO 167 (5-27-1935)

In appointment of employees to state office veterans´ preferences must be given. Statute providing for appointment of employees in specific state office must be construed with statute which provides for veterans´ preferences in state offices generally and both given application. AGO 263 (7-22-1938)

Veterans not given scoring advantages on civil service exams. Veterans cannot be given point advantages in scoring required civil service examinations. They are entitled to preferential employment only if they comply with all requirements of law and score as high as nonveterans on the examinations without regard to any advantageous scoring system. AGO 132 (4-17-1944)

Where residence requirement for state employment exam is waived, no preference given for residence with respect to results. Where residence requirement as condition to take examination for position in state classified service has been expressly waived, it must also be deemed waived with respect to results of examination, and no preference on eligible list under NRS 281.060 may be granted for residence unless reasonably announced and expressly reserved prior to examination. AGO S14 (12-17-1962)

Preference for Nevada residence applies only when all other qualifications of applicants are equal. NRS 281.060, which provides that residents of Nevada shall be given preference on eligibility lists for positions in classified service under state personnel system, can only be applied when resident applicant and nonresident applicant are otherwise equal, and practice of placing all resident applicants regardless of examination grade ahead of all nonresident applicants on eligibility lists is improper and illegal. AGO S14 (12-17-1962)

Preference to Nevada residents is not absolute except where qualifications of applicants are equal. Under NRS 281.060, where applicants for classified position in state´s employment take competitive examination for position, preference to Nevada residents is not absolute except where qualifications of applicants are equal. AGO 96 (12-3-1963)

Prohibition of state employment of aliens violates equal protection. Provisions of NRS 281.060, prohibiting employment of aliens by state and political subdivisions, violate equal protection clause of U.S. 14th amendment. AGO 163 (3-6-1974)

DEPUTIES AND SUBORDINATES

NRS 281.080 Deputy to take official oath. When any officer is authorized or required by law to appoint a deputy, the deputy, before proceeding to act, shall take the same oath as his principal.

[28:108:1866; B § 2626; BH § 1663; C § 1809; RL § 2792; NCL § 4792]

NRS CROSS REFERENCES.

Text of oath, NRS 282.020

WEST PUBLISHING CO.

Officers and Public Employees ! 36(1).

WESTLAW Topic No. 283.

C.J.S. Officers and Public Employees § 46.

NRS 281.090 Deputies and clerks to perform work for state boards and commissions without compensation. Whenever any deputy or clerk in any state office is appointed as clerk or secretary of any state board or commission by the board, commission or the legislature, he shall serve as such clerk or secretary without compensation unless compensation is specifically fixed by law.

[5:32:1881; BH § 2298; C § 2096; RL § 4392; NCL § 7551]-(NRS A 1969, 32)

HOURS OF EMPLOYMENT

NRS 281.100 Hours of service of employees of state and political subdivisions; exceptions; penalty.

1. Except as otherwise provided in this section and NRS 284.180, the services and employment of all persons who are employed by the State of Nevada, or by any county, city, town, township or other political subdivision thereof, are limited to not more than 8 hours in any 1 calendar day and not more than 40 hours in any 1 week.

2. The period of daily employment mentioned in this section commences from the time the employee takes charge of any equipment of the employer or acts as an assistant or helper to a person who is in charge of any equipment of the employer, or enters upon or into any conveyance of or operated by or for the employer at any camp or living quarters provided by the employer for the transportation of employees to the place of work.

3. This section does not apply to:

(a) Officials of the State of Nevada or of any county, city, town, township or other political subdivision thereof, or employees of the state whose employment is governed by NRS 284.148.

(b) Employees of the State of Nevada or of any county, city, town, township or other political subdivision thereof who:

(1) Are engaged as employees of a fire department, or to nurses in training or working in hospitals, or to police, deputy sheriffs or jailers;

(2) Chose and are approved for a variable workday or variable 80-hour work schedules within a biweekly pay period;

(3) Work more than 8 hours but not more than 10 hours in any 1 workday or 40 hours in any 1 work week;

(4) Are executive, administrative, professional or supervisory employees; or

(5) Are covered by a collective bargaining agreement which establishes hours of service.

(d) Work done directly by any public utility company pursuant to an order of the public utilities commission of Nevada or other public authority.

4. Any employee whose hours are limited by subsection 1 may be permitted, or in case of emergency where life or property is in imminent danger may be required, at the discretion of the officer responsible for his employment, but subject to any agreement made pursuant to NRS 284.181, to work more than the number of hours limited. If so permitted or required, he is entitled to receive, at the discretion of the responsible officer:

(a) Compensatory vacation time; or

(b) Overtime pay.

5. Any officer or agent of the State of Nevada, or of any county, city, town, township, or other political subdivision thereof, whose duty it is to employ, direct or control the services of an employee covered by this section, who violates any of the provisions of this section as to the hours of employment of labor as provided in this section, is guilty of a misdemeanor.

[Part 1:203:1919; A 1935, 37; 1931 NCL § 6170] + [Part 3:203:1919; 1919 RL p. 2966; NCL § 6172]-(NRS A 1965, 117; 1967, 547; 1971, 154; 1975, 241; 1977, 667; 1987, 711; 1993, 2089; 1997, 1985)

WEST PUBLISHING CO.

Officers and Public Employees ! 110.

WESTLAW Topic No. 283.

C.J.S. Officers and Public Employees §§ 197 to 204.

NEVADA CASES.

County director of juvenile court services is not "public officer" but is entitled to overtime compensation as public employee. Under provisions of NRS 281.100, which permits payment of compensation for overtime worked by employees but not by "officials," former county director of juvenile court services, who was not "public officer" within definition contained in NRS 281.005, was entitled to compensation as public employee, because term "officials" as used in NRS 281.100 should be construed to mean "public officer" as those words are used in NRS 281.005. Mullen v. Clark County, 89 Nev. 308, 511 P.2d 1036 (1973), distinguished, Rusk v. Whitmire, 91 Nev. 689, at 691, 541 P.2d 1097 (1975)

ATTORNEY GENERAL´S OPINIONS.

Courthouse janitors´ working hours governed by the statute. RL § 6778 (cf. NRS 281.100), regulating working hours of employees of state or political subdivision, is applicable to courthouse janitors. AGO 234 (10-16-1918)

State nurses´ working hours not governed or limited by the statute. Attendant nurses in training or employed in Nevada state hospital do not come under provision of sec. 1, ch. 203, Stats. 1919 (cf. NRS 281.100); therefore, their hours of work are not limited. AGO 3 (2-7-1921)

Eight-hour workday applicable to state employees, not officers. Provision of ch. 203, Stats. 1919 (cf. NRS 281.100), limiting working hours to 8 in each day applies to state employees but not to state officers. AGO 6 (2-3-1931)

State law, not the Federal Fair Labor Standards Act, governs maximum work hours on public works. Federal Fair Labor Standards Act is not controlling as to maximum hours of labor under highway contracts and other public works, as state law NCL § 6170 (cf. NRS 281.100), provides for shorter hours of labor on public works than does federal act; and sec. 18 of federal act makes state law, under such circumstances, applicable. AGO A48 (1-19-1940)

Fire fighters´ hours not governed by the statute. Statute relating to hours of service of public employees does not apply to fire fighting. AGO 350M (8-19-1942)

Overtime can be paid to person in unclassified service. Pursuant to NRS 281.100, which authorizes payment of overtime to state employees, overtime can be paid to person in unclassified service whose salary is set by former NRS 281.115, because legislature, in setting salaries, is presumed to have done so upon basis of 8-hour day. AGO 418 (6-9-1967)

Overtime may be paid to person in classified service even though it would result in exceeding salary limitation. Pursuant to NRS 281.100, which authorizes payment of overtime to state employees, overtime may be paid person in classified service even though addition of overtime to regular salary would result in total salary exceeding $20,000 limitation imposed by former provision of NRS 284.175, because legislature in setting limitation is presumed to have done so on basis of 8-hour day. AGO 418 (6-9-1967)

Excess working hours do not increase annual or sick leave allowances. Work by state employee in excess of daily limitation prescribed by NRS 281.100 does not carry with it any increase in annual leave or sick leave allowances under NRS 284.350 and 284.355, respectively. AGO 451 (10-17-1967)

County employees are not entitled to overtime in absence of law authorizing it. County employees are not entitled to compensation for overtime work in absence of law authorizing it, and where deputy sheriffs are excluded from state law on overtime (see NRS 281.100), county may enact ordinance for overtime pay. AGO 80-31 (9-17-1980)

Certain employees in unclassified service may receive compensation for overtime or may be given vacation time in lieu of overtime pay. Employee in unclassified service of state who was not excluded by former NRS 284.183 (cf. NRS 284.148 and 284.180), could receive overtime pay pursuant to NRS 281.100 and 284.180 notwithstanding that employee was receiving maximum salary provided for his position by former NRS 284.182. However, appointing authority had discretion under NRS 284.180 to grant compensatory vacation time in lieu of cash compensation for credit earned for overtime work. AGO 80-38 (10-15-1980)

NRS 281.110 State offices to maintain 40-hour work weeks; variable schedules for work week; hours to remain open.

1. The offices of all state officers, departments, boards, commissions and agencies shall:

(a) Maintain not less than a 40-hour work week.

(b) Be open for the transaction of business at least from 8 a.m. until 12 a.m. and from 1 p.m. until 5 p.m. every day of the year, with the exception of Saturdays, Sundays and legal holidays. Variable work week scheduling may be required in those agencies where coverage is needed on Saturdays, Sundays and legal holidays.

2. The offices of all state officers, departments, boards, commissions and agencies shall remain open during the noon hour of each regular working day if any such office has more than one person on its staff.

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

ATTORNEY GENERAL´S OPINIONS.

Library hours are exception to the statute. Although NRS 281.110 provides for office hours of state offices, departments, boards, commissions and agencies and is general in application, later statute, NRS 378.070, specifically provides that state librarian shall have power to designate hours when state library (now state library and archives) shall be open for use of the public and provides exception to requirements of NRS 281.110. AGO S-18 (1-3-1963)

COMPENSATION OF OFFICERS AND EMPLOYEES

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

1. Except as otherwise provided in this section, all state officers and regular and temporary employees of this state are entitled to receive salaries as fixed by law in two equal semimonthly payments. The first semimonthly payment for each month must be for the first half of that particular month, and the second semimonthly payment must be for the last half of the month.

2. All payrolls must be submitted by individual agencies immediately after the 15th and last day of each month for approval by the department of personnel, and salary checks as approved by the state controller must be issued not later than 10 calendar days following the end of each semimonthly pay period.

3. A state agency or department may be permitted to pay salaries, within the limits fixed by law, at regular 2-week intervals, when it is established to the satisfaction of the governor that this method of payment will expedite and assist the work of the agency or department without inconvenience to other agencies or departments.

[1:179:1941; A 1949, 406; 1951, 77]-(NRS A 1965, 53; 1981, 1683; 1983, 618)

WEST PUBLISHING CO.

Officers and Public Employees ! 99.

WESTLAW Topic No. 283.

C.J.S. Officers and Public Employees §§ 223 to 228, 237.

ATTORNEY GENERAL´S OPINIONS.

Employees of school districts not entitled to semimonthly paydays. Principals, teachers and other employees of school districts are not entitled under sec. 1, ch. 179, Stats. 1941 (cf. NRS 281.120), to semimonthly paydays as they are not state officers, but simply school officers. AGO 312 (7-11-1941)

Agreements by public officers for acceptance of less compensation are prohibited. Public policy as rule forbids agreements for acceptance by public officers of less compensation than amount provided for them by statute. Member of tax commission may not agree to serve without compensation. AGO 481 (6-27-1947)

NRS 281.121 Compensation for employees required to wear uniforms. On or after July 1, 1985:

1. An employee of the State of Nevada who is required to purchase and wear a uniform while performing his duties is entitled to receive from his employer each quarter an allowance which is equal to one-fourth of the cost of the uniform he is required to wear, including the cost of any required accessories such as a flashlight, gun or whistle. The employer shall determine the cost of the required uniform and accessories at the beginning of each quarter and determine the allowance accordingly.

2. In addition to the quarterly allowance, a person who:

(a) Is hired by the State of Nevada for a position; or

(b) Assumes a position which is new to that person,

for which he is required to purchase and wear a uniform is entitled to an initial reimbursement for the cost of one uniform and any required accessories.

3. An employer must obtain the prior approval of the budget division of the department of administration before designating a uniform to be worn by an employee pursuant to subsection 1.

(Added to NRS by 1983, 1044)

WEST PUBLISHING CO.

Officers and Public Employees ! 99.

WESTLAW Topic No. 283.

C.J.S. Officers and Public Employees §§ 223 to 228, 237.

NRS 281.123 Limitation on maximum salary payable to persons employed by state.

1. Except as otherwise provided in subsection 3 or NRS 281.1233, or as authorized by statute referring specifically to that position, the salary of a person employed by the state or any agency of the state must not exceed 95 percent of the salary for the office of governor during the same period.

2. As used in subsection 1, the term "salary":

(a) Includes any:

(1) Payment received by an employee for being available to work although he was not actually required to perform the work;

(2) Increase in salary provided to compensate for a rise in the cost of living;

(3) Payment received under a plan established to encourage continuity of service; and

(4) Payment received as compensation for purportedly performing additional duties.

(b) Excludes any:

(1) Payment received as compensation for overtime even if that payment is otherwise authorized by law; and

(2) Rent or utilities supplied to an employee if he is required by statute or regulation to live in a particular dwelling.

3. The provisions of subsection 1 do not apply to the salaries of:

(a) Dentists and physicians employed full time by the state; or

(b) Officers and employees of the University and Community College System of Nevada.

(Added to NRS by 1975, 1846; A 1977, 1041, 1325; 1979, 1320; 1981, 1159, 1639, 2018; 1985, 39; 1993, 373)

WEST PUBLISHING CO.

Officers and Public Employees ! 100(1), 100(2).

WESTLAW Topic No. 283.

C.J.S. Officers and Public Employees §§ 229 to 240.

NRS 281.1233 Procedure for state agency to obtain exception to limitation on salary.

1. The interim finance committee may approve applications from agencies of the state for exceptions to limitations on salaries which are expressed as percentages of salaries paid to another person or authorized for another position.

2. The chief officer of a state agency may submit applications for exceptions for any person or position within his agency to the governor who shall review and transmit them with his recommendation to the interim finance committee.

3. The interim finance committee may approve an exception under this section if it finds that:

(a) If the application is for a particular officer or employee, the person has exhibited exceptional qualifications or ability; or

(b) If the application is for a position, the position requires unusual skill, ability, knowledge or some other quality, and that under statutory salary limitations there is no qualified person seeking to fill the position.

4. The interim finance committee shall return an application for a state officer, employee or position to the chief officer of the agency with its approval or disapproval and, if it has approved the exception, make an allocation from the contingency fund, unless the exception is to begin on or after July 1 of an odd-numbered year and provision has been made in the agency budget for the increase in salary.

(Added to NRS by 1977, 1040; A 1979, 965)

WEST PUBLISHING CO.

Officers and Public Employees ! 99.

WESTLAW Topic No. 283.

C.J.S. Officers and Public Employees §§ 223 to 228, 237.

NRS 281.125 Restrictions upon payment of salary of appointive officer or employee when salary determined by law.

1. In cases where the salary of an appointive officer or employee is determined by law, such salary must not be paid unless a specific legislative appropriation of money or a specific legislative authorization for the expenditure of money is made or enacted for the department or agency.

2. None of the provisions of this section apply to any officers or employees of the state industrial insurance system.

(Added to NRS by 1957, 350; A 1981, 1521)

WEST PUBLISHING CO.

Officers and Public Employees ! 99, 101.

WESTLAW Topic No. 283.

C.J.S. Officers and Public Employees §§ 223 to 228, 237 to 242.

ATTORNEY GENERAL´S OPINIONS.

Controller may not draw warrant unless unexhausted specific appropriation exists. State controller may not legally draw warrant on state treasury unless there is unexhausted specific appropriation to meet warrant, and statute stating amount of salary and allowing travel expenses does not constitute appropriation. AGO (6-10-1907)

Warrant may be drawn before general appropriation bill to pay state employee with fixed salary. Whenever state officer or employee has fixed salary, it is apparent legislature intended to authorize such expenditure and warrants may be drawn before general appropriation bill passed. AGO (1-26-1909)

Public officer has no right to compensation until services rendered. Public officer´s right to compensation is based on law, not contract; thus he has no right to compensation until services have been rendered. AGO 435 (3-18-1947)

NRS 281.127 State officers and employees paid one salary for all services rendered; exceptions.

1. Unless otherwise provided by law, no public officer or employee whose salary is set by law, whether or not he serves the state in more than one capacity, may be paid more than one salary for all services rendered to the state.

2. The provisions of subsection 1 do not apply to any public officer or employee for salaries:

(a) For any ex officio duties he may be required by law to perform.

(b) For teaching during off-duty hours in an educational program sponsored by a governmental authority if he is not regularly employed in such program by that governmental authority.

(Added to NRS by 1959, 197; A 1979, 58)

WEST PUBLISHING CO.

Officers and Public Employees ! 99.

WESTLAW Topic No. 283.

C.J.S. Officers and Public Employees §§ 223 to 228, 237.

ATTORNEY GENERAL´S OPINIONS.

Payment of state personnel for overtime is valid regulation. There is no express statutory authorization in NRS ch. 281, which concern state offices and officers, or in NRS ch. 284, state personnel act, for payment of overtime work, but sec. 4.03 of Rules for State Personnel Administration makes such provision as valid regulation promulgated under statutory authority, and such rule is equally as applicable to unclassified service as to classified service. AGO 224 (6-8-1961)

County employees who are not county officers may serve as trustees for county school district. County employees who are not county officers may serve as trustees for county school district because former provisions of NRS 281.230 (cf. NRS 281.481) do not prohibit such service since it is not inconsistent with loyal service to people, and NRS 281.127, limiting salaries of public officers and employees, is applicable only to services rendered to state. AGO 22 (5-20-1971)

NRS 281.1275 Reduction in salary of certain public officers and employees for part-day absence from work prohibited; accounting for part-day absence; exception.

1. Except as permitted by the federal Family and Medical Leave Act of 1993, the salary of a public officer or employee of the state or any agency thereof, or of a political subdivision or any agency thereof, who is not entitled pursuant to federal or state law, local ordinance, or policy or contract of employment to earn overtime at the rate of time and one-half, must not be reduced for an absence from work for part of a day.

2. The provisions of this section do not apply to an officer or employee of the legislative branch of government, except an officer or employee of the legislative library.

(Added to NRS by 1991, 1150; A 1993, 2090)

REVISER´S NOTE.

Ch. 431, Stats. 1991, the source of this section, became effective on June 24, 1991, and contains the following provisions not included in NRS:

"Section 1. The legislature hereby declares:

1. The State of Nevada and its political subdivisions have attempted to comply with the requirements of the Fair Labor Standards Act of 1938, 29 U.S.C §§ 201 et seq., concerning the payment of overtime to public employees.

2. The state and its political subdivisions have therefore paid their employees for overtime on a time-and-one-half basis as required by the Act, unless the employees qualify for the exemption for executive, professional and administrative employees, or are otherwise exempt from the requirement.

3. In establishing the budgets for employers of public employees, the state and its political subdivisions have established salaries and other benefits for executive, professional and administrative employees that adequately compensate them notwithstanding the fact that any payment they receive for overtime is at the same rate that they are paid for their regular working hours.

4. In light of the United States Supreme Court´s recent refusal to review the case of Abshire v. County of Kern, 908 F.2d 483 (9th Cir. 1990), there is some question as to the applicability of the exemption for executive, professional and administrative employees of the state and its political subdivisions, because such employees are subject to having their pay reduced for absences of less than a day.

5. Paying executive, professional and administrative employees for overtime on a time-and-one-half basis would create a gross disparity in the level of compensation of public employees that was never intended by the legislature, and would circumvent the established budgetary processes of this state for determining the appropriate level of compensation for public employees.

6. Rather than adjusting the level of compensation of executive, professional and administrative employees, it is the intention of the legislature to ensure that the state and its political subdivisions are in compliance with the Act by providing that executive, professional and administrative employees are not subject to having their pay reduced for absences of less than a day, and requiring that any employee whose pay was reduced for such an absence be reimbursed for the amount of the reduction.

7. By making the reimbursements retroactive to the date of the relevant change in the federal law, it is the intention of the legislature to ensure total compliance with the Act while maintaining the integrity of the budgetary process and meeting the expectations of the state, its political subdivisions and the public employees with regard to compensation of public employees for services.

Sec. 3. A public officer or employee whose pay was reduced between April 15, 1986, and the effective date of this act under circumstances that would entitle the officer or employee to administrative leave with pay pursuant to section 2 of this act is entitled to be reimbursed for the amount by which the officer´s or employee´s pay was reduced. The department of personnel, the director of the legislative counsel bureau and the appropriate local governmental agencies shall determine which persons are entitled to reimbursement pursuant to this section and the amount of the required reimbursement, and shall make the required reimbursements.

Sec. 4. If any provision of this act, or its application to any person, thing or circumstance is held invalid, such invalidity shall not affect the provisions or applications which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.

Sec. 5. This act becomes effective upon passage and approval and applies retroactively to April 15, 1986."

WEST PUBLISHING CO.

Officers and Public Employees ! 100(1).

WESTLAW Topic No. 283.

C.J.S. Officers and Public Employees §§ 229 to 240.

NRS 281.129 Voluntary deductions from payroll for state officers and employees; regulations. Any officer of the state, except the legislative fiscal officer, who disburses money in payment of salaries and wages of officers and employees of the state may, upon written requests of the officer or employee specifying amounts, withhold those amounts and pay them to:

1. Charitable organizations;

2. Employee credit unions;

3. Insurers, if the committee on benefits has approved the request;

4. The United States for the purchase of savings bonds and similar obligations of the United States; and

5. Employee organizations and labor organizations.

The state controller may adopt regulations necessary to withhold money from the salaries or wages of officers and employees of the executive department.

(Added to NRS by 1981, 655; A 1991, 658)

ADMINISTRATIVE REGULATIONS.

Withholding from state payroll, NAC 281.250-281.290

WEST PUBLISHING CO.

Officers and Public Employees ! 94.

WESTLAW Topic No. 283.

C.J.S. Officers and Public Employees §§ 99, 219 et seq.

NRS 281.130 Salaries and fees of public officers and employees subject to attachment, garnishment and execution; fraudulent assignment void; restriction on running of statute of limitations.

1. The fees and salaries of all persons holding office or positions of profit under the government of the State of Nevada, or under any county, township, city, town or school district within the state, shall be subject to attachment and execution for all debts and liabilities created or incurred by such officials or other persons. All assignments, sales or transfers of such fees and salaries, previous to becoming due, unless made in good faith and not to defraud creditors, shall be void as against all such debts and liabilities.

2. In case of the garnishment or attachment of any auditor, treasurer or disbursing officer, under the provisions of this section, such officer so garnished or holding the funds or property attached may pay the sum named, or deliver the property named in the garnishment or attachment, into the court issuing the same, taking the receipt of the court therefor, which shall be a full release of the disbursing officer from the garnishment or attachment.

3. The statute of limitations shall not run against any indebtedness of such officer or person, existing at the time of his entering upon the duties of his office or position, during the time such office or position shall be held.

[1:15:1883; A 1889, 118; C § 1882, RL § 2864; NCL § 4878] + [2:15:1883; BH § 2423; C § 1883; RL § 2865; NCL § 4879] + [3:15:1883; BH § 2424; C § 1884; RL § 2866; NCL § 4880]

NRS CROSS REFERENCES.

Garnishment of public officers, NRS 31.292

REVISER´S NOTE.

In revised subsec. 1, "shall be void" replaced "shall be null and void."

WEST PUBLISHING CO.

Attachment ! 18.

Execution ! 18.

Garnishment ! 18.

WESTLAW Topic Nos. 44, 161, 189.

C.J.S. Attachment § 10.

C.J.S. Executions § 15.

C.J.S. Garnishment § 43.

NRS 281.140 State officers may sell evidence of public indebtedness issued for services rendered. All state officers shall have the right to sell or transfer any evidence of public indebtedness which may be issued according to law, for services rendered by them to the state, and legally and justly due.

[Part 99:108:1866; B § 2697; BH § 1734; C § 1880; RL § 2846; NCL § 4846]

NRS 281.145 Leave of absence for military duty. Any public officer or employee of the state or any agency thereof, or of a political subdivision or an agency of a political subdivision, who is an active member of the United States Army Reserve, the United States Naval Reserve, the United States Marine Corps Reserve, the United States Coast Guard Reserve, the United States Air Force Reserve, or the Nevada National Guard must be relieved from his duties, upon his request, to serve under orders without loss of his regular compensation for a period of not more than 15 working days in any 1 calendar year. No such absence may be a part of the employee´s annual vacation provided for by law.

(Added to NRS by 1981, 527)

WEST PUBLISHING CO.

Officers and Public Employees ! 110.

WESTLAW Topic No. 283.

C.J.S. Officers and Public Employees §§ 197 to 204.

ATTORNEY GENERAL´S OPINIONS.

Leave of absence for military duty is controlling over personnel division rule. Where state employee in classified service who was member of active reserve received orders to report for military training and obeyed those orders notwithstanding denial of leave of absence by immediate superior, former NRS 284.370 (cf. NRS 281.145), providing for leave of absence for such purposes was controlling over personnel division rule providing for termination upon 5 days´ absence without leave. AGO 181 (10-28-1964)

Leave must be granted for military duty subject to limit on compensation after 15 days. Where state employee in classified service who was member of active reserve received orders to report for military training, prior and presumably in addition to regular summer field training, and where former NRS 284.370 (cf. NRS 281.145) limits leave to be granted for military training purposes without loss of regular compensation or vacation to 15 days in any calendar year, leave must be granted subject to this limitation upon compensation, and termination of employment by division of personnel before issue of further leave arose was unauthorized. AGO 181 (10-28-1964)

Military leave for duty in National Guard is mandatory on school districts. Provisions of former NRS 412.078 (cf. NRS 281.145), allowing military leave for members of National Guard are mandatory on all political subdivisions, including school districts, and authority granted school trustees by NRS 391.180 to prescribe rules and regulations for employee leaves does not permit denial of statutory right. AGO 32 (7-20-1971)

Regulations adopted by school trustees must provide compensation for military leave. Under NRS 391.180, county boards of school trustees must adopt regulations for sick leave, sabbatical leave, personal leave, professional leave and military leave. Regulations may provide for leave with or without compensation, except military leave, which must be compensated pursuant to former NRS 412.078 (cf. NRS 281.145). Only limitation on trustees´ authority to prescribe regulations governing sick leave is that not more than 15 days may be credited or accumulated in any 1 school year. AGO 66 (3-16-1972)

Federal statute provides that employee seniority not changed by military leave. Rule of state personnel division providing that leave without pay for military training duty for period in excess of 15 days does not count toward completion of employee´s probationary period or toward awarding of merit salary increase is consistent with provisions of former NRS 284.370 (cf. NRS 281.145) but is not consistent with valid federal statute which requires that employee be permitted to return to his position with such seniority as he would have had if he had not been absent for military training. AGO 80-32 (9-22-1980)

NRS 281.147 Leave of absence for duty as American National Red Cross disaster technician. Any public officer or employee of the state or any agency thereof, or of a political subdivision or an agency of a political subdivision, who is classified by the American National Red Cross as a disaster technician must be relieved from his duties, upon the request of the American National Red Cross and the approval of his employer, to assist the American National Red Cross during a disaster described in NRS 414.020 which occurs in this state or California, Oregon, Idaho, Utah or Arizona, without loss of his regular compensation for a period of not more than 15 working days in any calendar year. No such absence may be a part of the annual vacation of the public officer or employee which is provided for by law.

(Added to NRS by 1995, 187)

NRS 281.150 Payment of stipends for educational leave.

1. Pursuant to the provisions of NRS 284.343, any department, board, commission or agency of this state may authorize the expenditure of public money or expend public money for the payment of educational leave stipends to any officer or employee of this state.

2. Notwithstanding the provisions of NRS 284.343, the welfare division of the department of human resources may, where part of the cost of educational leave stipends may be paid from funds made available by the Federal Government or another source to assist in increasing the effectiveness and efficiency of administration of public welfare programs by increasing the number of adequately trained personnel available for work in public welfare programs, grant educational leave stipends. No person may be granted educational leave stipends under the provisions of this subsection until the person has entered into a contract with the welfare division whereby the person agrees to pursue only courses required for social work degrees and to return to the employ of the division on the basis of 1 year for each 9 months´ educational leave taken or to refund the amount of such stipends. Performance of the employment contract may be waived by the administrator of the welfare division in cases of extreme hardship or other valid excuse.

3. The provisions of NRS 284.343 do not apply to employees of the rehabilitation division of the department of employment, training and rehabilitation where the educational expenses are paid from money made available by the Federal Government or another source to assist the recipient to remain current in techniques and procedures relating to his employment. No person may be granted assistance under this subsection without the prior approval of the director of the department of employment, training and rehabilitation as to educational subject matter.

[1:152:1953] + [2:152:1953]-(NRS A 1960, 156; 1963, 898; 1965, 397; 1971, 570, 1324; 1973, 1406; 1993, 1549; 1997, 2337)

NRS CROSS REFERENCES.

Employment security division, educational leave stipends, NRS 612.230

ATTORNEY GENERAL´S OPINIONS.

No salary or per diem for state employees on educational leave. State employees on leave to attend school are not entitled to salary during such leave nor are they entitled to per diem or travel expenses. AGO 198 (8-16-1956)

Prohibition on leave stipends inapplicable to county school teachers. Sabbatical leave may be granted school teachers with pay if teacher meets requirements of NRS 391.170 and board of trustees determines leave renders educational service to school district as required by NRS 391.180. Provisions of NRS 281.150, prohibiting educational leave stipends to state officers and employees do not apply to teacher employed by county school district. AGO 10 (2-16-1971)

Leave for personal business deducted from annual leave. Former provisions of NRS 281.150, which authorizes granting of sabbatical leave by regents of University of Nevada, does not extend to teachers at primary, grade or high school level. Leave for personal business purposes cannot be granted unless deducted from annual leave. AGO 219 (4-27-1965), but see AGO 10 (2-16-1971) and AGO 12 (2-23-1971)

1. The employer of a police officer or fireman may establish a program that allows a police officer or fireman whom it employs who has suffered a catastrophe resulting in temporary total disability to elect to continue to receive his normal salary for a period of not more than 1 year in lieu of receiving the compensation for the industrial injury or occupational disease for which he is eligible pursuant to chapters 616A to 616D, inclusive, or 617 of NRS, unless the police officer or fireman has made an election pursuant to NRS 281.390.

2. A program established pursuant to subsection 1:

(a) Must prescribe the conditions pursuant to which a police officer or fireman is eligible to receive his normal salary in accordance with an election pursuant to subsection 1; and

(b) May allow a police officer or fireman to return to light-duty employment or employment modified according to his physical restrictions or limitations and receive his normal salary during the period of his election pursuant to subsection 1.

3. Unless the employer is self-insured or a member of an association of self-insured public or private employers, the employer shall notify the insurer that provides industrial insurance for that employer of the election by a police officer or fireman pursuant to subsection 1. When the police officer or fireman is no longer eligible to receive his normal salary pursuant to such an election, the employer shall notify the insurer so that the insurer may begin paying to the police officer or fireman the benefits, if any, for industrial insurance for which the police officer or fireman is eligible. If the employer is self-insured or a member of an association of self-insured public or private employers and the police officer or fireman is no longer eligible to receive his normal salary in accordance with an election pursuant to subsection 1, the employer shall begin paying the benefits, if any, for industrial insurance to which the police officer or fireman is entitled.

4. During the period in which the police officer or fireman elects to receive his normal salary pursuant to subsection 1, he accrues sick leave, annual leave and retirement benefits at the same rate at which he accrued such leave and benefits immediately before the election.

5. As used in this section:

(a) "Catastrophe" means an illness or accident arising out of or in the course of employment which is life threatening or which will require a period of convalescence that an attending physician expects to exceed 30 days and because of which the employee is unable to perform the duties of his position.

(b) "Police officer" has the meaning ascribed to it in NRS 617.135.

(Added to NRS by 1997, 2220)

NRS 281.155 Payment of compensation due to deceased employee of state or political subdivision.

1. If the employee has filed a written designation of beneficiary, the final payment of compensation due a deceased employee of the state, or of any county, city, town, township, district or any other political subdivision of the state, is not his property or that of his estate but must be released to the designated beneficiary upon the written request of the beneficiary.

2. If the deceased employee has not filed such a designation with his employing public entity, the final payment is a part of the employee´s personal estate.

3. As used in this section, "final payment" means the net amount due the employee after the deduction of all lawfully withheld sums from the employee´s gross compensation.

(Added to NRS by 1975, 1153; A 1981, 562)

NRS 281.157 Commission to review compensation: Definition. As used in NRS 281.157 to 281.1575, inclusive, unless the context otherwise requires, "commission" means the commission to review the compensation of constitutional officers, legislators, supreme court justices, district judges and elected county officers which is created pursuant to NRS 281.1571.

(Added to NRS by 1993, 2633)

NRS 281.1571 Commission to review compensation: Creation; composition.

1. There is hereby created a commission to review the compensation of constitutional officers, legislators, supreme court justices, district judges and elected county officers, consisting of nine members.

2. The members must be appointed by the following persons:

(a) One member by the speaker of the assembly.

(b) One member by the majority leader of the senate.

(d) One member by the minority leader of the senate.

(e) Two members by the chief justice of the supreme court.

(f) Three members by the governor.

3. The commission shall elect a chairman and such other officers as it deems necessary from among its members.

4. A current officer or employee of the state or any of its political subdivisions must not be appointed as a member of the commission.

5. The members appointed by the governor must be selected in the following manner:

(a) Two members, one from each congressional district, who do not belong to the same political party.

(b) One member from a list of three nominees submitted by the Nevada Association of Counties.

(Added to NRS by 1993, 2634)

WEST PUBLISHING CO.

States ! 45.

WESTLAW Topic No. 360.

C.J.S. States §§ 79, 80, 82, 136.

NRS 281.1572 Commission to review compensation: Notification of appointment; terms; removal; vacancy.

1. Members of the commission must be appointed on or before January 15 of each even-numbered year. The director of the legislative counsel bureau must be notified of the appointment of each member.

2. The term of each member of the commission expires at the end of the next regular session of the legislature following the appointment. Members are eligible for reappointment.

3. A member of the commission may be removed by the governor before the expiration of his term for misconduct in office, incompetence or neglect of duty.

4. If a vacancy occurs in the membership of the commission, the governor shall appoint a person to fill the vacancy for the remainder of the unexpired term.

(Added to NRS by 1993, 2634)

NRS 281.1573 Commission to review compensation: Salary; meetings; administrative support.

1. Each member of the commission is entitled to receive $80 for each day that he attends a regularly called meeting of the commission.

2. The first meeting of the commission must be held on or before June 15 of the year in which the members are appointed. Thereafter, the chairman shall call meetings of the commission as often as he deems necessary.

3. The director of the legislative counsel bureau shall provide the commission with administrative support.

(Added to NRS by 1993, 2634)

NRS 281.1574 Commission to review compensation: Quorum; vote required to approve recommendations regarding compensation. A majority of the members of the commission constitutes a quorum to transact business. The affirmative vote of five members is required to approve the recommendations of the commission regarding compensation.

(Added to NRS by 1993, 2634)

NRS 281.1575 Commission to review compensation: Duties.

1. The commission shall:

(a) Review the compensation paid to constitutional officers, supreme court justices, district judges and elected county officers.

(b) Review the compensation paid to the members of the legislature during and between legislative sessions.

(d) If it determines that changes in legislation are required, request the assistance of the legislative counsel in the preparation of a bill draft on or before November 15 of each even-numbered year. Upon completion of the bill draft, the legislative counsel shall deliver the bill draft to the appropriate standing committee of the assembly or senate within the first week of the next regular legislative session for introduction.

2. In reviewing the issues of compensation required by subsection 1, the commission shall:

(a) Compare the current salaries of persons with similar qualifications who are employed by the State of Nevada and in the public sector;

(b) Determine the minimum salary required to attract and retain experienced and competent persons; and

(c) Consider the average number of days that legislators serve during their term, the amount of work required of legislators when the legislature is not in regular session, and the opportunities they have to earn additional income from outside sources.

3. The commission may recommend that any increase in the compensation of a county officer apply retroactively if not prohibited by law.

(Added to NRS by 1993, 2634)

TRAVEL AND SUBSISTENCE FOR STATE
OFFICERS AND EMPLOYEES

NRS 281.160 Persons entitled to payment for expenses; rate of allowance for travel; use of private or special use vehicles; reimbursement of weekend travel expenses; regulations.

1. Except as otherwise provided in subsection 2 or 5, or by specific statute, any district judge, state officer, state employee or member of an advisory board supported in whole or in part by any public money, whether the public money is received from the Federal Government or any branch or agency thereof, or from private or any other sources, is entitled to receive his expenses in the transaction of public business outside of the municipality or other area in which his principal office is located, to be paid at the rate of $69 for each 24-hour period during which he is away from the office and within the state, and $27 in addition to a reasonable room rate for each 24-hour period during which he is outside of the state.

2. Any person enumerated in subsection 1 is entitled to receive expenses for a period of less than 24 hours in accordance with regulations of the state board of examiners conforming generally to those rates.

3. Any person enumerated in subsection 1 is entitled to receive an allowance for transportation in the transaction of public business, whether within or outside of the municipality or other area in which his principal office is located. Transportation must be by the most economical means, considering total cost, time spent in transit and the availability of state-owned automobiles and special use vehicles. The state board of examiners, on or before July 1 of each year, shall establish the rate of the allowance for travel by private conveyance. The rate must equal the standard mileage reimbursement rate for which a deduction is allowed for the purposes of federal income tax that is in effect at the time the annual rate is established. If a private conveyance is used for reasons of personal convenience in transaction of state business, the allowance for travel is one-half the established rate.

4. The state board of examiners may establish a transportation allowance for the use of private, special use vehicles on public business by any person enumerated in subsection 1, whether within or outside of the municipality or other area in which his principal office is located. The allowance must be established at rates higher than the rates established in subsection 3.

5. The state board of examiners may establish:

(a) A room rate in excess of the normal allowance for reimbursement of employees who are required to travel on weekends to serve the needs of the public. The board may require the submission of receipts as a condition of reimbursement at the special rate.

(b) Reasonable rates for expenses outside of the United States that will allow a person to purchase the same quality of food as the domestic rate allows.

6. The state board of examiners shall adopt regulations, and shall require other state agencies to adopt regulations, in accordance with the purpose of this section, and a state agency may, with the approval of the state board of examiners, adopt a rate of reimbursement less than the amounts specified in subsection 1 where unusual circumstances make that rate desirable.

[1:17:1928; A 1953, 376; 1955, 381]-(NRS A 1959, 860; 1960, 297; 1961, 279; 1963, 143, 478, 1281; 1965, 289; 1967, 453; 1971, 593; 1973, 187, 369; 1975, 255; 1977, 793; 1979, 697; 1981, 1749; 1985, 390; 1987, 768; 1989, 1513; 1993, 2503; 1995, 894; 1997, 1231)

WEST PUBLISHING CO.

Officers and Public Employees ! 99.

WESTLAW Topic No. 283.

C.J.S. Officers and Public Employees §§ 223 to 228, 237.

ATTORNEY GENERAL´S OPINIONS.

Subsequent appropriation act suspended limitation on travel expense. Limitation on travel expense contained in statute relating to appointment, compensation and travel expense of state officer is suspended by subsequent appropriation act providing greater amount for payment of travel expense of such officer. AGO (12-4-1907)

Limitation on travel expense not an appropriation of that amount absent specific appropriation. Limitation on travel expense contained in statute relating to appointment, compensation and travel expense of state officer does not constitute appropriation of such maximum amount. In absence of specific appropriation for such purpose, no travel expenses may be paid. AGO 28 (3-31-1913)

No flat monthly rate for car rental to employee. State agency may not pay flat monthly rate for car rental to employee, but must comply with ch. 247, Stats. 1949 (cf. NRS 281.160), which provides for travel expense payment. AGO 869 (2-14-1950)

No travel expense where employee furnishes car as convenience. Travel expense allowance for public employees, provided in ch. 247, Stats. 1949 (cf. NRS 281.160), is made when there is existence of journey (travel outside city limits) and not where employee is required to furnish car or furnishes car as attending convenience to his work. AGO 11 (1-24-1951)

Rulemaking authority in statute. Authority of state board to make rules must be found in statute and must not exceed powers granted by statute. AGO 43 (4-7-1951)

No welfare board authority to pay transportation costs. State welfare board does not have authority to pay transportation of persons outside state to come to state for employment by state, nor to contract concerning repayment of such transportation costs. Secs. 6 and 7, ch. 327, Stats. 1949, and NCL § 6942 (NRS 422.140, 422.130 and 281.160). AGO 43 (4-7-1951)

Judges meeting parole commissioners entitled to expenses. Meeting between district judges and boards of pardons and parole commissioners is "transaction of public business" entitling district judges to traveling, subsistence expenses. AGO 79 (7-9-1951)

Health department employee paid travel expenses. Employee of state health department may be paid travel expenses, under NCL § 6942 (cf. NRS 281.160), for out-of-state travel to attend U.S. Public Health Service school. AGO 103 (10-5-1951)

Special committee on taxation entitled to expenses. Members of special committee on taxation and financial affairs provided for in ch. 60, Stats. 1959, are, by implication, entitled to receive traveling expenses and subsistence allowances in performance of their duties, as allowed by NRS 281.170 (cf. NRS 281.160). AGO 52 (5-14-1959)

County not responsible for district judge travel expenses. Under NRS 281.160, which requires district judges to submit requests for out-of-state travel to budget division of department of administration, and NRS 281.165, which requires claims of district judges to be processed by clerk of supreme court, county is not responsible for such expenses. AGO 236 (6-4-1965)

County commissioner residing away from county seat entitled to travel allowance. County commissioner residing at place other than county seat is entitled to travel and subsistence allowances as provided in NRS 245.060 and 281.160, because commissioners are not required to be elected exclusively from county seat and it would be inequitable to require them to pay such expenses while on official business. AGO 385 (2-9-1967)

Return expenses of parole violators payable only if extradited. Expenses for return of probation or parole violators to State of Nevada are payable from reserve for statutory contingency fund provided under NRS 353.264 only where such violators are returned by extradition as permitted by NRS 179.221, because extradition expense under NRS 179.225 is one of enumerated expenses payable from fund, if returnee is to be confined in state prison. Monetary limitations fixed by NRS 281.160 apply to such payment. AGO 528 (8-16-1968)

Per diem not paid for meeting attendance in municipality of residence. Under subsec. 1, NRS 281.160, which provides that per diem and transportation expenses shall be paid for transaction of public business by state officer or employee outside of municipality in which his principal business is located and under subsec. 3 of same statute, which provides that only transportation expenses shall be paid for transaction of public business by state officer or employee in municipality in which he resides, per diem may not be paid to member of state board or commission for attendance at board meetings conducted in municipality where such board member resides. AGO 607 (8-13-1969)

School trustees bound by the statute when rulemaking. Because

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Center for the Study of Ethics in the Professions at IIT

Ethics in Government

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Ethics in Government

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