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Commission on Ethics approves amended regulations and will resubmit package to legislative commission
Summary
The Commission on Ethics unanimously approved two targeted revisions to its administrative regulations—reverting the definition of “subject” to public officers/employees and making rejection of defective anonymous complaints discretionary—then directed staff to prepare required documentation for the Legislative Commission.
The Commission on Ethics unanimously approved amendments to its administrative regulations on Aug. 12 after a public hearing in which Executive Director Armstrong explained changes intended to address concerns raised by the Legislative Commission. The commission voted to revert a proposed expansion of the term “subject” back to “public officer or public employee” and to make the rejection of anonymous or clearly defective complaints discretionary rather than mandatory, allowing the executive director authority to reject non-actionable filings.
Armstrong told the commission that the agency’s rules derive from statute and that the administrative code functions as a procedural manual; the Legislative Commission deferred the earlier regulatory package after raising jurisdictional and whistleblower-protection concerns. “There was concern from the legislature that [broadening ‘subject’] would open up our jurisdiction too much,” Armstrong said, describing why the commission would revert that definition. On anonymous complaints, Armstrong said changing “shall” to “may” would provide administrative discretion while preserving options should the Legislature choose to expand confidentiality protections in statute.
Commissioner Langford recommended specifying a certified court reporter for section 6 (citing NRS 179.045); Armstrong said adding that clarification would not require a new hearing and supported the clarification. During deliberations, Vice Chair Wallen moved a friendly amendment authorizing the executive director to prepare the statement of principal reasons and any documents needed to comply with the Administrative Procedures Act. Commissioner Moran moved the main motion; Commissioner Reynolds seconded. The motion, as amended, passed by unanimous voice vote.
The commission’s action will return the revised regulatory package to the Legislative Commission for their review and potential approval. Armstrong said these two changes were the only modifications from the regulations previously approved by the commission and that staff will submit the updated package and required supporting documentation to the Legislature’s review body.
