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EthicsEthicsCLARK COUNTYCLARK COUNTYM-PLAN TRAINING M-PLAN TRAINING

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Sources of Ethical Standards

Ethics standards for management staff are derived from the following sources. They are listed in order of their hierarchy of applicability.

• Nevada Revised Statutes 281A• Clark County Code 2.42 • Merit Personnel Policy XII• Board of County Commissioners’ 2004

Amendatory Resolution

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Public Policy - NRS 281A.020

A public office is a public trust and shall be held for the sole benefit of the people.A public officer or employee must commit himself to avoid conflicts between his private interests and those of the general public whom he serves.

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Ethical StandardsNRS 281A

NRS 281A establishes ethical standards in the following areas:

• Acceptance of Gifts, Money or Economic Opportunity (NRS 281A.400)

• Conflict of Interest (NRS 281A.420)• Unwarranted Privileges

• Contractual Agreements (NRS 281A.430)

 

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Employees may not directly or indirectly accept any gifts.

Unsolicited gifts must be returned, given to charity, or if perishable shared with other employees.

• (i.e food items)

Acceptance of Gifts

ReferencesPersonnel Policy XII, 2004 Amendatory Resolution

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Acceptance of Gifts - Meals

Unsolicited payment of meals with a value less than $50 may be accepted by an employee with full disclosure to your Department Head or Assistant County Manager provided the acceptance of a meal:• Is not intended to influence the employee’s

performance; or• Is not intended as a reward for official action; or• Does not create a potential for a perception of

impropriety; or• Does not occur on a regular basis

Reference

Personnel Policy XII

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Acceptance of Gifts - Tickets

Tickets to community events that may provide an opportunity to build working relationships within the community may be accepted after disclosure to the employee’s Department Head.

Tickets that may potentially influence an employee in the performance of his/her duties or that appear to be intended as a reward for any official action on the employee’s part, or that creates a potential for a perception of impropriety, as determined by the Department Head or Assistant County Manager, shall be refused.

Reference Personnel Policy XII

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Acceptance of Gifts- Honorarium

An honorarium is the payment of money or anything of value for an appearance or speech by an employee or officer in their capacity as a County representative.

The acceptance of honorariums is prohibited.

Reference NRS 281A.510

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Conflict of Interest – Reasonable Person

Reasonable Person - A hypothetical person used as a legal standard who exercises the degree of attention, knowledge, intelligence, and judgment that society requires of its members for the protection of their own and of others' interests; the reasonable person acts sensibly, does things without serious delay, and takes proper not excessive precautions

Reference

Black’s Law Dictionary, Eighth Edition, 2004

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Conflict of Interest

Conflict of Interest – Any interest of the employee (financial, personal or otherwise) that could impair the ability of a reasonable person to act in the public’s interest.

References

NRS 281A.020, 281A.400, County Code 2.42.030, Personnel Policy XII,

2004 Amendatory Resolution

Examples:•Outside Employment•Donor/donee or debtor/creditor relationships•Consulting arrangements•Family or personal relationships•Legal or fiduciary arrangements•Business investments

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Conflict of Interest A public officer or employee is prohibited from using his/her employment to secure or grant unwarranted privileges, preferences, exemptions or advantages for himself, any business entity or anyone to whom he has a commitment in a private capacity to the interests of that person

No employee will: • Use public property, funds, or discretionary

decisions toward personal or political gain• Publicly endorse any particular product or

service

References

NRS 281A.400, County Code 2.42.030, Personnel Policy XII,

2004 Amendatory Resolution

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Conflict of Interest - Avoidance

A potential conflict of interest should be avoided by refusing to participate as an agent or representative of a county agency in approving, disapproving, voting, abstaining from voting, recommending or otherwise acting upon any matter in which he or she has a direct financial interest without disclosing the full nature and extent of said interest.

References

NRS 281A.020, 281A.420, County Code 2.42.030, Personnel Policy XII,

2004 Amendatory Resolution

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Conflict of Interest - Disclosure

It is the responsibility of each employee to inform his/her Department Head in advance of any potential conflict of interest and the full nature of that interest which may affect an assigned duty.

The Department Head will determine whether a conflict exists and if the employee must recuse himself/herself from taking any action in a matter that may be affected by his or her interest.

Department Heads may make individual policies to reassign duties where a conflict exists and when an employee has a conflict of interest.

References NRS 281A.420,County Code 2.42.030, Personnel Policy XII

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Management Employees Cooling Off Period

- Rules and ExceptionRules

• For a period of twelve months following termination of his or her service to the County, a County Official shall not represent or act for others before Clark County government (or any employee or agent of Clark County government)

• M-Plan employees shall not accept compensation from any individual or entity to represent or counsel that individual or entity to the County on any issues pending before the County

Exception• The prohibition in this Section does not apply to a County

Official who leaves the service of Clark County for employment at another government agency, so long as he or she limits his or her representation to the affairs of that government agency

Reference

2004 Amendatory Resolution

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Contracts with Former County

Officials

All professional services contracts under $25,000 involving individuals who were elected or appointed officials of the County within the previous twelve (12) months, and where such former official is a sole proprietor, or owns a controlling interest in the firm providing the service, must be approved by the Board of County Commissioners.

Agenda items for professional service contracts involving such individuals shall explain why the former official is the best choice to perform the service and must comply with existing fiscal directives.

Reference

2004 Amendatory Resolution

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Additional Compensation

An employee will not accept any salary, retainer, augmentation, expense allowance, or other compensation from any private source for the performance of his/her duties as a public employee.

References

NRS 281A.400, Personnel Policy XII

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Additional Employment and Compensation

Prior to beginning any employment activity in addition to County service, the employee must complete a “Notice of Additional Employment” form and submit it to the Department Head for approval.

If it is determined that a conflict exists, the employee will be informed that he/she may not hold both positions simultaneously.

References

NRS 281A.400, Personnel Policy XII

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Additional Employment and Compensation

References

NRS 281A.400, Personnel Policy XII

No employee may:

• Seek or accept additional employment, ownership, or partnership in a business outside County service which is determined to be in conflict with his/her duties as an employee or in conflict with the functions and responsibilities of the department;

• Hold two County positions of any type simultaneously or;

• Hold a County position and contract employment with the County simultaneously.

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Confidential Information

Employees will avoid any interest or activity that lies in conflict with the conduct of official County duties and seek no favor for personal economic interest or the interest of others secured by confidential information.

No employee who acquires information in the course of his/her duties, which information by law or policy is not available at the time to the general public, will use such information to further his/her own economic interest or that of others.

References

NRS 281A.400, Personnel Policy XII

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Reference Links

• Nevada Revised Statutes 281Ahttp://www2/department/administrative_services/Policies/Ethicshome.htm

• Clark County Code 2.42 http://www2/department/administrative_services/Policies/Ethicshome.htm

• Merit Personnel Policy XIIhttp://www2/department/administrative_services/Policies/Ethicshome.htm

• Board of County Commissioners’ 2004 Amendatory Resolution

http://www2/department/administrative_services/Policies/Ethicshome.htm

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