1. If an ethics complaint is filed with or initiated by the Commission concerning a present or former state officer or employee, unless the state officer or employee retains his or her legal counsel or the Attorney General tenders the defense of the state officer or employee to an insurer who, pursuant to a contract of insurance, is authorized to defend the state officer or employee, the Attorney General shall defend the state officer or employee or employ special counsel to defend the state officer or employee in any proceeding relating to the ethics complaint if:
(a) The state officer or employee submits a written request for defense in the manner provided in NRS 41.0339; and
(b) Based on the facts and allegations known to the Attorney General, the Attorney General determines that the act or omission on which the alleged violation is based:
(1) Appears to be within the course and scope of public duty or employment of the state officer or employee; and
(2) Appears to have been performed or omitted in good faith.
2. The Attorney General shall create a written record setting forth the basis for the Attorney General’s determination of whether to defend the state officer or employee pursuant to paragraph (b) of subsection 1. The written record is not admissible in evidence at trial or in any other judicial or administrative proceeding in which the state officer or employee is a party, except in connection with an application to withdraw as the attorney of record.
(Added to NRS by 2005, 2556; A 2017, 2500)—(Substituted in revision for NRS 281A.450)
Structure Nevada Revised Statutes
Chapter 281A - Ethics in Government
NRS 281A.020 - Legislative findings and declarations.
NRS 281A.032 - "Adjudicatory hearing" defined.
NRS 281A.033 - "Advisory opinion" defined.
NRS 281A.035 - "Agency" defined.
NRS 281A.040 - "Business entity" defined.
NRS 281A.050 - "Candidate" defined.
NRS 281A.060 - "Commission" defined.
NRS 281A.065 - "Commitment in a private capacity" defined.
NRS 281A.070 - "Compensation" defined.
NRS 281A.080 - "Decision" defined.
NRS 281A.081 - "Declaration of candidacy" defined.
NRS 281A.082 - "Deferral agreement" defined.
NRS 281A.085 - "Domestic partner" defined.
NRS 281A.086 - "Domestic partnership" defined.
NRS 281A.088 - "Ethics complaint" defined.
NRS 281A.090 - "Executive Director" defined.
NRS 281A.100 - "Household" defined.
NRS 281A.105 - "Intentionally" defined.
NRS 281A.115 - "Knowingly" defined.
NRS 281A.119 - "Local agency" defined.
NRS 281A.125 - "Member of a local legislative body" defined.
NRS 281A.135 - "Opinion" defined.
NRS 281A.139 - "Pecuniary interest" defined.
NRS 281A.145 - "Political subdivision" defined.
NRS 281A.150 - "Public employee" defined.
NRS 281A.160 - "Public officer" defined.
NRS 281A.161 - "Request for an advisory opinion" defined.
NRS 281A.162 - "Review panel" defined.
NRS 281A.163 - "State agency" defined.
NRS 281A.165 - "State Legislator" or "Legislator" defined.
NRS 281A.170 - "Willful violation" defined.
NRS 281A.185 - Abrogation of common-law privileges and immunities; exceptions.
NRS 281A.190 - Computation of time.
NRS 281A.210 - Chair; meetings; compensation; facilities.
NRS 281A.265 - Discretionary-function immunity for members and employees of Commission.
NRS 281A.275 - Authority to apply for and accept grants, contributions, services and money.
NRS 281A.280 - Jurisdiction; statute of limitations.
NRS 281A.350 - Establishment; functions; limitations on powers; confidentiality.
NRS 281A.400 - General requirements; exceptions.
NRS 281A.665 - Opinions of Commission may include guidance to public officer or employee.
NRS 281A.705 - Legal defense of state officer or employee subject to ethics complaint.
NRS 281A.735 - Inapplicability of Open Meeting Law to proceedings of review panel.
NRS 281A.760 - Inapplicability of Open Meeting Law to certain proceedings of Commission.