Nevada § 281A.420 - Requirements regarding disclosure of conflicts of interest and abstention from voting because of certain types of conflicts; effect of abstention on quorum and voting requirements; exceptions

§ 281A.420. Requirements regarding disclosure of conflicts of interest and abstention from voting because of certain types of conflicts; effect of abstention on quorum and voting requirements; exceptions

1. Except as otherwise provided in this section, a public officer or employee shall

not approve, disapprove, vote, abstain from voting or otherwise act upon a matter: (a) Regarding which the public officer or employee has accepted a gift or loan; (b) In which the public officer or employee has a significant pecuniary interest; (c) Which would reasonably be affected by the public officer's or employee's commitment

in a private capacity to the interests of another person; or (d) Which would reasonably be related to the nature of any representation or counseling

that the public officer or employee provided to a private person for compensation

before another agency within the immediately preceding year, provided such representation

or counseling is permitted by NRS 281A.410 , without disclosing information concerning the gift or loan, the significant pecuniary

interest, the commitment in a private capacity to the interests of the other person

or the nature of the representation or counseling of the private person that is sufficient

to inform the public of the potential effect of the action or abstention upon the

person who provided the gift or loan, upon the public officer's or employee's significant

pecuniary interest, upon the person to whom the public officer or employee has a commitment

in a private capacity or upon the private person who was represented or counseled

by the public officer or employee. Such a disclosure must be made at the time the matter is considered. If the public officer or employee is a member of a body which makes decisions, the

public officer or employee shall make the disclosure in public to the chair and other

members of the body. If the public officer or employee is not a member of such a body and holds an appointive

office, the public officer or employee shall make the disclosure to the supervisory

head of the public officer's or employee's organization or, if the public officer

holds an elective office, to the general public in the area from which the public

officer is elected. 2. The provisions of subsection 1 do not require a public officer to disclose: (a) Any campaign contributions that the public officer reported in a timely manner

pursuant to NRS 294A.120 or 294A.125 ; or (b) Any contributions to a legal defense fund that the public officer reported in

a timely manner pursuant to NRS 294A.286 . 3. Except as otherwise provided in this section, in addition to the requirements of

subsection 1, a public officer shall not vote upon or advocate the passage or failure

of, but may otherwise participate in the consideration of, a matter with respect to

which the independence of judgment of a reasonable person in the public officer's

situation would be materially affected by: (a) The public officer's acceptance of a gift or loan; (b) The public officer's significant pecuniary interest; or (c) The public officer's commitment in a private capacity to the interests of another

person. 4. In interpreting and applying the provisions of subsection 3: (a) It must be presumed that the independence of judgment of a reasonable person in

the public officer's situation would not be materially affected by the public officer's

acceptance of a gift or loan, significant pecuniary interest or commitment in a private

capacity to the interests of another person where the resulting benefit or detriment

accruing to the public officer, or if the public officer has a commitment in a private

capacity to the interests of another person, accruing to the other person, is not

greater than that accruing to any other member of any general business, profession,

occupation or group that is affected by the matter. The presumption set forth in this paragraph does not affect the applicability of

the requirements set forth in subsection 1 relating to the duty of the public officer

to make a proper disclosure at the time the matter is considered and in the manner

required by subsection 1. (b) The Commission must give appropriate weight and proper deference to the public

policy of this State which favors the right of a public officer to perform the duties

for which the public officer was elected or appointed and to vote or otherwise act

upon a matter, provided the public officer makes a proper disclosure at the time the

matter is considered and in the manner required by subsection 1. Because abstention by a public officer disrupts the normal course of representative

government and deprives the public and the public officer's constituents of a voice

in governmental affairs, the provisions of this section are intended to require abstention

only in clear cases where the independence of judgment of a reasonable person in the

public officer's situation would be materially affected by the public officer's acceptance

of a gift or loan, significant pecuniary interest or commitment in a private capacity

to the interests of another person. 5. If a public officer declares to the body or committee in which the vote is to be

taken that the public officer will abstain from voting because of the requirements

of this section, the necessary quorum to act upon and the number of votes necessary

to act upon the matter, as fixed by any statute, ordinance or rule, is reduced as

though the member abstaining were not a member of the body or committee. 6. The provisions of this section do not, under any circumstances: (a) Prohibit a member of a local legislative body from requesting or introducing a

legislative measure; or (b) Require a member of a local legislative body to take any particular action before

or while requesting or introducing a legislative measure. 7. The provisions of this section do not, under any circumstances, apply to State

Legislators or allow the Commission to exercise jurisdiction or authority over State

Legislators. The responsibility of a State Legislator to make disclosures concerning gifts, loans,

interests or commitments and the responsibility of a State Legislator to abstain from

voting upon or advocating the passage or failure of a matter are governed by the Standing

Rules of the Legislative Department of State Government which are adopted, administered

and enforced exclusively by the appropriate bodies of the Legislative Department of

State Government pursuant to Section 6 of Article 4 of the Nevada Constitution . 8. As used in this section, “ public officer ” and “ public employee ” do not include a State Legislator.