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. (NRS 281A.675). You must
detail all necessary facts and circumstances.
I request advice regarding the applicability of NRS 281A.430 (prohibited
government contracts) to my own circumstances and/or whether relief from the
strict application of NRS 281A.430 is proper pursuant to NRS 281A.430(6).
You must detail all necessary facts and
circumstances.
I request advice regarding the applicability of NRS 281A.410,
281A.550(3) "cooling off" or "revolving door" prohibitions, to my
own circumstances and/or whether relief from the scrict application of the
provisions of NRS 281A.550(3) or 281A.550(5) is proper under NRS 281A.550(6).
Unless permitted by NRS 281A.410(3), relief from the strict application of the
provisions of NRS 281A.410 is not available. You must detail all
necessary facts and circumstances.
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. (NRS
281A.685)
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 yourself or person to whom you have a
commitment in a private capacity which would tend improperly to influence a
reasonable person in your position to depart from the faithful and impartial
discharge of your public duties.
NRS 281A.400(2) Using your position
in government to secure or grant unwarranted privileges, preferences,
exemptions or advantages for yourself, any business entity in which you have a
significant pecuniary interest, or any person to whom you have 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 yourself, and any business entity in which you have a
significant pecuniary interest or any person to whom you have 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 yourself or any person to whom you have a commitment in
a private capacity for the performance of your duties as a public officer or
employee.
NRS 281A.400(5) Acquiring, through
your 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 yourself 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 your pecuniary interests, or any person to whom you have a
commitment in a private capacity.
NRS 281A.400(7) Using governmental
time, property, equipment or other facility to benefit your significant
personal or financial interest, or any person to whom you have a
commitment in a private capacity. (Some limited use 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 yourself 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 you have a
commitment in a private capacity through the influence of a subordinate.
NRS 281A.400(10) Seeking other
employment or contracts for yourself or any person to whom you have a
commitment in a private capacity through the use of your 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. (Exceptions apply for 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 on an official matter that is reasonably affected by your
acceptance of a gift or loan, pecuniary interest, or a commitment in a private
capacity to the interest of another peson..
NRS 281A.420(3) Failing to abstain
on an official matter which is materially affected by your 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 you have a significant
pecuniary interest.
NRS 281A.500 Failing to file or
timely file a Nevada Acknowledgment 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:
Attach Documents
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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 informatoin related to
this request. I acknowledge that, pursuant to NRS 281A, this Request for an
Advisory Opinion, the materials submitted in support of this request are
confidential unless I authorize their release or act in a manner that
contravenes confidentiality pursuant to NRS 381A.685.