NRS 281A.775 Additional standards for determining whether violation is willful violation and type of penalty imposed and for approving deferral agreements.
342 words·~2 min read·
/nv/chapter-281a-ethics-in-government/281a-775·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
NRS 281A.775 Additional standards for determining whether violation is willful violation and type of penalty imposed and for approving deferral agreements.
1. The Commission, in determining whether a violation of this chapter is a willful violation and, if so, the penalty to be imposed on a public officer or employee or former public officer or employee pursuant to NRS 281A.785 or 281A.790 , or the review panel, in determining whether to approve a deferral agreement regarding an alleged violation, shall consider, without limitation:
(a)The seriousness of the violation or alleged violation, including, without limitation, the nature, circumstances, extent and gravity of the violation or alleged violation;
(b)The number and history of previous warnings, letters of caution or instruction, deferral agreements or violations or alleged violations of the provisions of this chapter relating to the public officer or employee;
(c)The cost to conduct the investigation and any meetings, hearings or other proceedings relating to the violation or alleged violation;
(d)Any mitigating factors, including, without limitation, any self-reporting, prompt correction of the violation or alleged violation, any attempts to rectify the violation or alleged violation before any ethics complaint is filed and any cooperation by the public officer or employee in resolving the ethics complaint;
(e)Any restitution or reimbursement paid to parties affected by the violation or alleged violation;
(f)The extent of any financial gain resulting from the violation or alleged violation; and
(g)Any other matter justice may require.
2. The factors set forth in this section are not exclusive or exhaustive, and the Commission or the review panel, as appropriate, may consider other factors in the disposition of the matter if they bear a reasonable relationship to the determination of the severity of the violation or alleged violation.
3. In applying the factors set forth in this section, the Commission or the review panel, as appropriate, shall treat comparable situations in a comparable manner and shall ensure that the disposition of the matter bears a reasonable relationship to the severity of the violation or alleged violation.