1. Except as otherwise provided in this section, the investigative file related to an ethics complaint is confidential and is not a public record pursuant to chapter 239 of NRS.
2. At any time after being served with written notice of the determination of the review panel regarding the existence of just and sufficient cause for the Commission to render an opinion in the matter, the public officer or employee who is the subject of the ethics complaint may submit a written discovery request to the Commission for a list of proposed witnesses and a copy of any portion of the investigative file that the Executive Director intends to present as evidence for consideration by the Commission at the adjudicatory hearing or in rendering an opinion in the matter.
3. Any portion of the investigative file which the Executive Director presents as evidence for consideration by the Commission at the adjudicatory hearing or in rendering an opinion in the matter becomes a public record and must be open for inspection pursuant to chapter 239 of NRS.
4. For the purposes of this section:
(a) The investigative file includes, without limitation:
(1) Any response concerning the ethics complaint prepared by the public officer or employee pursuant to NRS 281A.720 and submitted to the Executive Director and the review panel during the course of the investigation and any proceedings before the review panel;
(2) Any recommendation concerning the ethics complaint prepared by the Executive Director pursuant to NRS 281A.725 and submitted to the review panel during the course of the investigation and any proceedings before the review panel; and
(3) Any other information provided to or obtained by or on behalf of the Executive Director through any form of communication during the course of the investigation and any proceedings before the review panel and any records, documents or other materials created or maintained during the course of the investigation and any proceedings before the review panel which relate to the public officer or employee who is the subject of the ethics complaint, including, without limitation, a transcript, regardless of whether such information, records, documents or other materials are obtained pursuant to a subpoena.
(b) The investigative file does not include any deferral agreement.
(Added to NRS by 2017, 2485)
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.