I request the Commission’s advice concerning the propriety of my own past,
present or future conduct in my public position under the statutory ethical
standards set forth in NRS Chapter 281A. (Sec. 3.2 of S.B. 84). You must detail
all necessary facts and circumstances
I request advice regarding my own circumstances whether relief from the
strict application of NRS 281A.430, as amended by Sec. 20.7 of S.B. 84
(prohibited government contracts) is proper (NRS 281A.430(6)). You must detail all necessary facts and
circumstances.
I request advice regarding my own circumstances whether relief from
the strict application of the provisions of NRS 281A.550.3 or 281A.550.5
("cooling off" or "revolving door" prohibitions) is proper. (NRS
281A.550.(6)). You must detail all necessary facts and
circumstances. NOTE: Relief under NRS 281A.550 is not available for
cooling off requirements under NRS 281A.410. (NRS 281A.550 was amended by Sec.
27 of S.B. 84)
This request, any related proceedings and any opinion rendered by the
Commission are confidential unless I expressly waive confidentiality or it is
deemed to have been waived by my conduct. I understand that any release of
the fact of or the content of this request may be considered a waiver. (Sec.
3.4 of S.B. 84)
My past, present or anticipated future conduct is the subject of an action
currently pending before another administrative or judicial body? If yes,
describe:
I have sought guidance from an attorney who advises my public body or
public employer. Explain why or why not
NRS 281A requires public officers and employees to hold
public office as a public trust and avoid conflicts between public duties and
private interests. (NRS 281A.020) What provisions of NRS Chapter 281A are
relevant to the conduct alleged? Please check all that apply.
NRS 281A.400(1) Seeking or
accepting any gift, service, favor, employment, engagement, emolument or
economic opportunity for himself or person to whom he has a commitment in a
private capacity which would tend improperly to influence a reasonable person in
his position to depart from the faithful and impartial discharge of his public
duties.
NRS 281A.400(2) Using his position
in government to secure or grant unwarranted privileges, preferences, exemptions
or advantages for himself, any business entity in which he has a significant
pecuniary interest, or any person to whom he has a commitment in a private
capacity
NRS 281A.400(3) Participating as an
agent of government in the negotiation or execution of a contract between the
government and himself, and any business entity in which he has a significant
pecuniary interest or any person to whom he has a commitment in a private
capacity.
NRS 281A.400(4) Accepting any
salary, retainer, augmentation, expense allowance or other compensation from any
private source for himself or any person to whom he has a commitment in a
private capacity for the performance of his duties as a public officer or
employee.
NRS 281A.400(5) Acquiring, through
his public duties or relationships, any information which by law or practice is
not at the time available to people generally, and using the information to
further the pecuniary interests of himself or any other person or business
entity.
NRS 281A.400(6) Suppressing any
governmental report or other document because it might tend to affect
unfavorably his pecuniary interests, or any person to whom he has a commitment
in a private capacity.
NRS 281A.400(7) Using governmental
time, property, equipment or other facility to benefit his significant personal
or financial interest, or any person to whom he has a commitment in a private
capacity. (Some exceptions apply).
NRS 281A.400(8) A State Legislator
using governmental time, property, equipment or other facility for a
nongovernmental purpose or for the private benefit of himself or any other
person, or requiring or authorizing a legislative employee, while on duty, to
perform personal services or assist in a private activity. (Some exceptions
apply).
NRS 281A.400(9) Attempting to
benefit his personal or financial interest or any person to whom he has a
commitment in a private capacity through the influence of a subordinate.
NRS 281A.400(10) Seeking other
employment or contracts for himself or any person to whom he has a commitment in
a private capacity through the use of his official position.
NRS 281A.410 Representing or
counseling a private person for compensation on an issue pending before the
agency while employed, or within 1 year after leaving the service of the agency,
including before any state agency of the Executive or Legislative Department.
(State and local legislators and part time public officers and employees may
represent/counsel private persons before agencies they do not serve, except
local legislators may not represent/counsel private persons before other local
agencies within the same county.)
NRS 281A.420(1) Failing
to sufficiently disclose his acceptance of a gift or loan, pecuniary interest,
or commitment in a private capacity to the interest of another person that is
reasonably affected by an official matter.
NRS 281A.420(3) Failing to abstain
from acting on an official matter which is materially affected by his acceptance
of a gift or loan, pecuniary interest, or commitment in a private capacity to
the interest of another person
NRS 281A.430 Negotiating, bidding
on or entering into a government contract in which he has a significant
pecuniary interest.
NRS 281A.500 Failing to file or
timely file a Nevada Acknowledgement of Ethical Standards for Public Officers
form.
NRS 281A.510 Accepting or receiving
an improper honorarium.
NRS 281A.520 Requesting or
otherwise causing a governmental entity to incur an expense or make an
expenditure to support or oppose a ballot question or candidate during the
relevant timeframe.
NRS 281A.550 Negotiating or
accepting employment from a business or industry regulated by or contracted with
former public agency within one year after leaving the service of the agency.
(Failing to honor the applicable "cooling off" period after leaving public
service).
*Pursuant to NRS 281A.065, a public officer or employee
has a commitment in a private capacity to the following persons:
1. Spouse; domestic partner
2. Household member
3. Family member within 3rd degree of consanguinity
4. Employer or spouse’s/domestic partner’s employer
5. Substantial and continuing business partner/associate
6. Substantially similar relationships
Please describe the facts and circumstances related to your Request for an Advisory Opinion:
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By my signature below, I affirm that the facts set forth in this document and all of its attachments are true and correct to the best of my knowledge and belief. I am willing to provide sworn testimony regarding these allegations. I acknowledge that, pursuant to NRS 281A, this Ethics Complaint, the materials submitted in support of the allegations, and the Commission’s investigation are confidential until the Commission’s Review Panel renders its determination, unless the Subject of the allegations authorizes their release.