Nevada § 281A.182 - Persons serving in certain positions designated as public officers or employees; applicability

§ 281A.182. Persons serving in certain positions designated as public officers or employees; applicability

1. Any person who serves in one of the following positions is designated as a public

officer solely and exclusively for the purposes of this chapter: (a) A president of a university, state college or community college within the Nevada

System of Higher Education. (b) A superintendent of a county school district. (c) A county manager or a city manager. 2. The provisions of subsection 1 apply to such a person regardless of whether the

person serves in the position: (a) By appointment, contract or employment; (b) With or without compensation; or (c) On a temporary, interim or acting basis. 3. A person who is not otherwise a public officer is designated as a public officer

solely and exclusively for the purposes of this chapter if the person: (a) Enters into a contract with any state or local agency; (b) Is paid compensation with public money; and (c) Serves in a position which involves the exercise of a public power, trust or duty

and which ordinarily would be held or filled by a public officer. 4. A person who is not otherwise a public employee is designated as a public employee

solely and exclusively for the purposes of this chapter if: (a) The person enters into a contract with any state or local agency; (b) The person is paid compensation with public money; (c) The person serves in a position which involves the performance of public duties

under the substantial and continuing direction and control of a public officer or

supervisory public employee; (d) The position ordinarily would be held or filled by a public employee and would

require the public employee to hold a valid professional or occupational license or

similar type of authorization issued by a state or local agency to perform the public

duties of the position, other than a general business license or similar type of authorization; (e) The position is entrusted with public duties of a substantial and continuing nature

which ordinarily would require a public employee to avoid conflicts between the private

interests of the public employee and those of the general public whom the public employee

serves; and (f) The person occupies the position on a full-time basis or its equivalent for a

substantial and continuing period of time. 5. The provisions of subsections 3 and 4 must be interpreted and applied to ensure

that a person does not evade the provisions of this chapter because a state or local

agency elects to use a contractual relationship instead of an employment relationship

for a position which ordinarily would be held or filled by a public officer or employee. 6. If, pursuant to this section, any person is designated as a public officer or employee

for the purposes of this chapter, that designation: (a) Does not make the person a public officer or employee for the purposes of any

other law or for any other purposes; and (b) Must not be used, interpreted or applied in any manner to establish, suggest or

prove that the person is a public officer or employee for the purposes of any other

law or for any other purposes.