Nevada § 228.177 - Investigation and prosecution of offense by county or city officer or employee

§ 228.177. Investigation and prosecution of offense by county or city officer or employee

1. As used in this section: (a) “ City officer or employee ” means an elected officer of a city or any city officer or employee who is compensated

from a city treasury. (b) “ County officer or employee ” means an elected officer of a county or any county officer or employee who is compensated

from a county treasury. 2. The Attorney General may investigate and prosecute any criminal offense committed

by a county officer or employee or a city officer or employee in the course of his

or her duties or arising out of circumstances related to his or her position, if: (a) The district attorney of the county or the city attorney, as applicable, has stated

in writing to the Attorney General that he or she does not intend to act in the matter;

or (b) The Attorney General has inquired in writing of the district attorney or the city

attorney, as applicable, whether he or she intends to act in the matter and: (1) The Attorney General has not received a written response within 30 days after

the district attorney or the city attorney, as applicable, received the inquiry;

or (2) The district attorney or the city attorney, as applicable, responds in writing

that he or she intends to act in the matter, but an indictment is not found or an

information or complaint is not filed, as applicable, within 90 days after the response. 3. When he or she is acting pursuant to this section, the Attorney General may commence

his or her investigation and file a criminal action with leave of court, and the Attorney

General has exclusive charge of the conduct of the prosecution. 4. An indictment, information or complaint may not be dismissed on the ground that

the district attorney or the city attorney, as applicable, or the Attorney General

has not complied with this section.