§ 283.440 — Removal of certain public officers for malfeasance or nonfeasance: Procedure; appeal

Nevada § 283.440

• Jurisdiction: Nevada
• Title 23: PUBLIC OFFICERS AND EMPLOYEES
• Ch. 283: Resignations,

Text

1. Any person who is now holding or who shall hereafter hold any office in this State and who refuses or neglects to perform any official act in the manner and form prescribed by law, or who is guilty of any malpractice or malfeasance in office, may be removed therefrom as hereinafter prescribed in this section, except that this section does not apply to:
(a) A justice or judge of the court system;
(b) A state officer removable from office only through impeachment pursuant to Article 7 of the Nevada Constitution; or
(c) A State Legislator removable from office only through expulsion by the State Legislator’s own House pursuant to Section 6 of Article 4 of the Nevada Constitution.
2. Whenever a complaint in writing, duly verified by the oath of any complainant, is presented to the district court alleging that any officer within the jurisdiction of the court:
(a) Has been guilty of charging and collecting any illegal fees for services rendered or to be rendered in the officer’s office;
(b) Has refused or neglected to perform the official duties pertaining to the officer’s office as prescribed by law; or
(c) Has been guilty of any malpractice or malfeasance in office,
Ê the court shall cite the party charged to appear before it on a certain day, not more than 10 days or less than 5 days from the day when the complaint was presented. On that day, or some subsequent day not more than 20 days from that on which the complaint was presented, the court, in a summary manner, shall proceed to hear the complaint and evidence offered by the party complained of. If, on the hearing, it appears that the charge or charges of the complaint are sustained, the court shall enter a decree that the party complained of shall be deprived of the party’s office.
3. The clerk of the court in which the proceedings are had, shall, within 3 days thereafter, transmit to the Governor or the board of county commissioners of the proper county, as the case may be, a copy of any decree or judgment declaring any officer deprived of any office under this section. The Governor or the board of county commissioners, as the case may be, shall appoint some person to fill the office until a successor shall be elected or appointed and qualified. The person so appointed shall give such bond as security as is prescribed by law and pertaining to the office.
4. If the judgment of the district court is against the officer complained of and an appeal is taken from the judgment so rendered, the officer so appealing shall not hold the office during the pendency of the appeal, but the office shall be filled as in case of a vacancy.
5. As used in this section, “malfeasance in office” includes, without limitation:
(a) Engaging in an unlawful employment practice of discrimination pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq., or NRS 613.330 that is severe or pervasive such that removal from office is an appropriate remedy.
(b) Willfully failing to comply with any other sanction imposed upon a local elected officer pursuant to NRS 233.175 .

Legislative History

[21:200:1909; A 1949, 113 ; 1943 NCL § 4860] + [22:200:1909; A 1949, 113 ; 1943 NCL § 4861] + [23:200:1909; RL § 2853; NCL § 4862] + [24:200:1909; RL § 2854; NCL § 4863]—(NRS A 1973, 417 ; 1977, 937 ; 2009, 1072 ; 2019, 1946 )