Nevada Ethics in Government

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Nevada Ethics in Government

• Presented by
• Tami E. DeVries
• Legal Analyst
• Nevada Commission on Ethics

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Nevada Commission on Ethics Mission

• By presiding over the Ethics in Government Law,
  the Commission strives to have public officers
  and public employees uphold the public trust by
  committing themselves to avoid conflicts between
  their private and public interests.

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Nevada Commissionon Ethics

• Interprets and provides guidance on the
  provisions of Nevada Revised Statutes 281.411
  through 281.581 (Ethics in Government Law)
• Investigates and adjudicates ethics complaints
• Accepts disclosure statements from certain public
  officers

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Opinions Complaints

• Advisory opinions about past, present, or future
  conduct of public officers (first-party request)
• Ethics complaints about conduct of public
  officers (third-party request)

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Required Disclosures under the Ethics in
Government Law
NCOE Nevada Commission on Ethics SOS Nevada
Secretary of State
ACK Acknowledgement of Statutory Ethical
Standards FDS Financial Disclosure
Statement ARD Agency Representation Disclosure
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NEVADA COMMISSION ON ETHICSORGANIZATIONAL CHART
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Why do we needan Ethics Commission anyway?
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(No Transcript)
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Commission Jurisdiction

• Public officer
• Elected or appointed
• Exercises public power, trust, or duty
• Exercises administrative discretion/formulates
  policy
• Expends public money and
• Administers laws and rules of state, county or
  city.
• NRS 281.4365

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Exclusions

• Public officer does not include
• Judges or officers of the court system
• Those serving in an advisory capacity
• Certain general improvement district members or
  county health officers

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Commission Jurisdiction

• Public employee
• Performs public duties for compensation at state,
  county, or city level and
• Actions directed or controlled by a public
  officer.
• NRS 281.436

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Ethics in Government Prohibitions under NRS
281.481

• Accepting gifts, services, favors, employment,
  economic opportunities, etc. which would
  improperly influence.
• Using a public office to secure unwarranted
  privileges, preferences, exemptions, or
  advantages.

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Ethics in Government Prohibitions under NRS
281.481

• Participating as an agent of government in the
  negotiation or execution of contracts with a
  business in which the person has a pecuniary
  interest.
• Accepting a salary or other compensation from a
  private source for performing public duties.

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Ethics in Government Prohibitions under NRS
281.481

• Using confidential information to further a
  pecuniary interest or that of others.
• Suppressing governmental reports or documents
  which might tend to unfavorably affect a
  pecuniary interest.

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Ethics in Government Prohibitions under NRS
281.481

• Attempting to benefit a personal or financial
  interest by influencing subordinates.
• Seeking other employment or contracts through the
  use of the public office.

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Ethics in Government Prohibitions under NRS
281.481

• Using governmental time, property, equipment, or
  other facility to benefit a personal or financial
  interest. Limited personal use is allowed if
  four specific criteria are met
• see NRS 281.481 (7) (a)

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NRS 281.481 (7) (a)

• The public officer that is responsible for and
  who has authority to has authorized such use or
  has established a policy allowing the use OR if
  the use is necessary as a result of emergency
  circumstances

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NRS 281.481 (7) (a)

• The use does not interfere with the performance
  of public duties
• The cost or value related to the use is nominal
  AND
• The use does not create an appearance of
  impropriety.

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Additional standards for public officers

• One-year cooling off period after leaving public
  service
• (NRS 281.236, NRS 281.491)
• No contracts between governmental agencies and
  private businesses in which you have a pecuniary
  interest
• (NRS 281.505)

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Additional standards for public officers

• No honorariums
• (NRS 281.553)
• Causing a governmental entity to make
  expenditures to support or oppose a ballot
  question or candidate
• (NRS 281.554)

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Criminal statutes applicable to public officers

• Anti-nepotism provisions
• (NRS 281.210)
• Prohibited contracts (NRS 281.221)
• No personal profits from public office
• (NRS 281.230)
• These statutes are not within the jurisdiction
  of the NCOE.

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Disclosure and Abstention Requirements for Public
Officers and Employees

• Walking the Disclosure Abstention tightrope

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What is aconflict of interest anyway?
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(No Transcript)
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Conflict of Interest

• A situation in which a person, such as a public
  official, an employee, or a professional, has a
  private or personal interest sufficient to appear
  to influence the objective exercise of his or her
  official duties.

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Appearance of Impropriety

• Conduct which would create in reasonable minds a
  perception that the a persons ability to carry
  out their responsibilities with integrity,
  impartiality, and competence is impaired.

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Avoiding Conflict Situations

• Disclose
• Disclose
• Disclose
• Disclose
• Disclose
• Disclose

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Voting, Disclosing, Abstaining NRS
281.501(1)

• Voting is permissible if the value which the
  person would accrue as a result is no greater
  than the value which accrues to anyone else.
• When in doubt, disclose the interest and vote.

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Voting, Disclosing, Abstaining NRS
281.501(4)

• Disclosure is mandatory for any interest created
  by
• A gift or loan
• A pecuniary interest
• A commitment in a private capacity to the
  interests of others
• Disclosure must be public and at the time the
  measure is considered.

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Pecuniary Interest

• A monetary interest or an interest that can be
  valued in money.
• Campaign contributions are not pecuniary
  interests, and do not require disclosure if they
  are reported timely and as required under
  statute. NRS 281.501(4)(c)

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Commitment in a Private Capacity to the Interests
of Others

• A commitment to a person who
• Is a member of the household
• Is related by blood, adoption, or marriage within
  3rd degree of consanguinity
• Employs the person or a household member or
• With whom the person has substantial or
  continuing business relationship.
• OR, other similar relationships.
• NRS 281.501 (8)

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Degrees of Consanguinity
Public Officer
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Voting, Disclosing, Abstaining NRS
281.501(2)

• Prohibits advocating or voting for the passage or
  failure of, but otherwise allows active
  participation in, a matter if independent
  judgment would be affected by
• A gift or loan
• A pecuniary interest
• A commitment in a private capacity to the
  interests of others

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• Once you confuse yourself with your cause,
  theres a good chance youll undermine one or
  both.
• - NV District Court Judge Charles McGee,
• June 2006

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Woodbury OpinionNCOE Opinion No. 99-56

• Disclose sufficient information to inform the
  public of the potential effect of the action or
  abstention upon yourself and/or private
  commitments
• Apply reasonable person standard
• Abstain when private commitments would materially
  affect your independence of judgment
• Abstention should not be a safe harbor

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Commission Opinions

• 97-07 Kubichek
• 03-05 Hoefer
• 03-08 Abstract
• 03-34 Boggs McDonald
• 03-43 03-44 Louritt Roman
• Opinions indexed under NRS 281.501 on NCOE web
  site http//ethics.nv.gov

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The Ethical Checklist

• Would I be embarrassed to read about this action
  in the newspaper?
• What would happen if everybody did this?
• How would I like it if someone did this to me?
• How would I feel if my mother knew or if my
  children were observing me?
• Would the proposed course of action
  build/preserve the general publics confidence in
  government or your leadership?

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GOOD ENOUGH FOR GOVERNMENT WORK

• How does this expression make you feel when you
  hear it?

• What can WE do to change the negativity
  associated with this expression?

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Nevada Commissionon Ethics

• 3476 Executive Pointe Way, Suite 10
• Carson City, NV 89706
• 775.687.5469
• 775.687.1279 (fax)
• 2030 East Flamingo Road, Suite 125
• Las Vegas, NV 89119
• 702.486.7250
• 702.486.7252 (fax)

http//ethics.nv.gov ncoe_at_ethics.nv.gov