Common use of PROCEDURAL HISTORY BEFORE COMMISSION Clause in Contracts

PROCEDURAL HISTORY BEFORE COMMISSION. a. On or about August 4, 2014, the Commission received this RFO from a private citizen alleging that Xxxxxxx, in campaigning for the elected office of Sheriff of Washoe County: (1) Failed to avoid conflicts of interest between his public and private interests by using his office to gain favor for his private campaign, which would have resulted in a pay increase (NRS 281A.020(1)); (2) Used his position and his title as Undersheriff to gain an unwarranted advantage for himself by furthering his private campaign interests (NRS 281A.400(2)); (3) Used governmental time and resources in his capacity as Undersheriff to further his private campaign interests NRS 281A.400(7)); and (4) Sought other employment contracts through the use of his official position (NRS 281A.400(10)). b. As required by NAC 281A.410, the Commission gave Xxxxxxx notice of this RFO by mail. Pursuant to NRS 281A.440(3), Xxxxxxx was provided an opportunity to respond to the allegations. c. On September 4, 2014, Xxxxxxx submitted his written response to the RFO. Xxxxxxx waived his right to a panel determination pursuant to NRS 281A.440, and the Commission and Xxxxxxx agree that there is just and sufficient cause for the Commission to render an opinion regarding the allegations implicating NRS 281A.400(7) and 281A.020(1).1 d. In lieu of a hearing, Xxxxxxx now enters into this Stipulated Agreement acknowledging his duty as a public officer to commit himself to protect the public trust and conform his conduct to Chapter 281A of the Nevada Revised Statutes.

PROCEDURAL HISTORY BEFORE COMMISSION. a. On or about August 4July 30, 2014, the Commission received this RFO from a private citizen Xxxxx Xxxxx, alleging that XxxxxxxXxxxxxxx violated the provisions of NRS 281A.020(1) and 281A.400(1), in campaigning for the elected office of Sheriff of Washoe County: (2), (7) and (9) by: (1) Failed to avoid conflicts of interest between his public and private interests by using his office to gain favor for his private campaign, which would have resulted in a pay increase (NRS 281A.020(1)); (2) Used his position and his title as Undersheriff to gain an unwarranted advantage for himself by furthering his private campaign interests (NRS 281A.400(2)); (3) Used governmental time and resources in his capacity as Undersheriff Sheriff to further his private own campaign interests interests; and (2) using his position as Sheriff to harass and intimidate his subordinate employees who are also running for Sheriff. 1 1The RFO also alleged violations of NRS 281A.400(7)); and (4281A.400(8) Sought other employment contracts through and 281A.500. Pursuant to NAC 281A.405, the use Commission Counsel and Executive Director rejected jurisdiction regarding these allegations because NRS 281A.400(8) applies only to state legislators, and no evidence was provided to support the allegations of his official position (NRS 281A.400(10))281A.500 as required by NAC 281A.400. b. As required by NAC 281A.410, the Commission gave Xxxxxxx Xxxxxxxx notice of this RFO by mail. Pursuant to NRS 281A.440(3), Xxxxxxx Xxxxxxxx was provided an opportunity to respond to the allegations. c. On September 4August 18, 2014, Xxxxxxx Xxxxxxxx submitted his written response to the RFO. Xxxxxxx waived his right to a . d. A panel determination was held February 18, 2015 pursuant to NRS 281A.440, and the Commission and Xxxxxxx agree finding that there is credible evidence establishes just and sufficient cause for the Commission to render an opinion regarding the allegations implicating NRS 281A.400(7281A.400(2) and 281A.020(1).1(9), and 281A.020(1). d. x. Xxxxxxxx challenged the findings of the panel by filing a motion to dismiss which was denied by the Commission. The Commission requested that additional facts be presented at a hearing on the allegations. f. In lieu of a hearing, Xxxxxxx Xxxxxxxx now enters into this Stipulated Agreement acknowledging his duty as a public officer to commit himself to protect the public trust and conform his conduct to NRS Chapter 281A of the Nevada Revised Statutes.281A.

PROCEDURAL HISTORY BEFORE COMMISSION. a. On or about August 4September 22, 2014, the Commission received this RFO from Xxxxxxxx Xxxxx Xxxxxxxxx, acting in her capacity as the compliance officer for Nevada Affordable Housing Assistance Corporation (“NAHAC”), a private citizen non-profit 1 Xxxxxxxxxxx currently is the former Deputy Director, Department of Business and Industry. entity, alleging that XxxxxxxXxxxxxxxxxx violated Nevada’s Ethics in Government Law, in campaigning for the elected office of Sheriff of Washoe County: (1) Failed to avoid conflicts of interest between his public and private interests by using his office to gain favor for his private campaign, which would have resulted in a pay increase (specifically NRS 281A.020(1)); (2) Used his position and his title as Undersheriff to gain an unwarranted advantage for himself by furthering his private campaign interests (, NRS 281A.400(2), NRS 281A.400(5); , NRS 281A.400(9), and NRS 281A.420(1) and (3). The Commission issued a Notice to Subject of the RFO, which outlined these allegations and included alleged additional allegations of possible violations of NRS 281A.400(4) Used governmental time and resources in his capacity as Undersheriff to further his private campaign interests NRS 281A.400(7)); and (4) Sought other employment contracts through the use of his official position (NRS 281A.400(10)7). b. As required by NAC 281A.410, the Commission gave Xxxxxxx provided Xxxxxxxxxxx with notice of this the RFO by mail. Pursuant to NRS 281A.440(3), Xxxxxxx Xxxxxxxxxxx was provided an opportunity to respond to the allegationsRFO and did so on December 16, 2014. c. On September 4, 2014, Xxxxxxx submitted his written response to the RFO. Xxxxxxx x. Xxxxxxxxxxx waived his right rights to a panel determination pursuant to NRS 281A.440, and the Commission and Xxxxxxx agree acknowledges that there is just and sufficient cause for the Commission to render an opinion regarding the allegations implicating NRS 281A.400(7) and 281A.020(1).1 d. In lieu of a hearing, Xxxxxxx now enters into this Stipulated Agreement acknowledging his duty former status as a public officer employee imposed a duty to commit himself avoid conflicts between his private interests and those of the public he served to protect the public trust and conform his conduct to NRS Chapter 281A 281A. See NRS 281A.020; see also In re Woodbury, Comm’n Opinion No. 99-56 (1999). This Stipulated Agreement promotes and clarifies the goals of the Nevada Revised StatutesEthics Law, in particular the jurisdictional reach of the Ethics Law, and serves to educate all public employees and public officers similarly situated. d. In lieu of a panel determination and a hearing, Subject and the Commission now enter into this Stipulated Agreement finding no violation of the Ethics Law set forth in NRS Chapter 281A, including the alleged violations of NRS 281A.020(1), NRS 281A.400(2), NRS 281A.400(4), NRS 281A.400(5), NRS 281A.400(7), NRS 281A.400(9), and NRS 281A.420(1) and (3).

PROCEDURAL HISTORY BEFORE COMMISSION. a. On or about August 4February 25, 2014, the Commission received this RFO from a private citizen alleging that XxxxxxxXxxxx, by assisting in campaigning for the elected office of Sheriff of Washoe County: (his son’s legal defense and submitting an affidavit as an expert witness in his son’s lawsuit against Boulder City: 1) Failed failed in his commitment to avoid conflicts of interest between his personal interests and his public and private interests by using duties (NRS 281A.020); 2) used his office position in government to gain favor secure unwarranted privileges, preference, exemptions or advantages for his private campaign, which would have resulted son a person to whom he has a commitment in a pay increase (NRS 281A.020(1)); (2) Used his position and his title as Undersheriff private capacity to gain an unwarranted advantage for himself by furthering his private campaign the interests thereof (NRS 281A.400(2)); (; 3) Used governmental time and resources in used information acquired through his capacity position as Undersheriff city attorney that is not generally available to the public to further the pecuniary interest of his private campaign interests son (NRS 281A.400(5)); 4) used government time, property, equipment or other facility to benefit a significant personal or pecuniary interest of the public officer (NRS 281A.400(7)); and (4) Sought other employment contracts through the use of his official position and failed to abstain from acting on a matter in which abstention is required (NRS 281A.400(10)).281A.420(3)).1 b. As required by NAC 281A.410, the Commission gave Xxxxxxx provided Xxxxx with notice of this the RFO by mail. Pursuant to NRS 281A.440(3), Xxxxxxx Xxxxx was provided an opportunity to respond to the allegationsRFO. c. On September 4, 2014, Xxxxxxx submitted his written response to the RFO. Xxxxxxx x. Xxxxx waived his right rights to a response and panel determination pursuant to NRS 281A.440, and submitted to jurisdiction of the Commission for consideration, hearing and Xxxxxxx agree that there is just and sufficient cause for the Commission to render an opinion regarding of the allegations implicating NRS 281A.020(1), 281A.400(2), NRS 281A.400(5), NRS 281A.400(7) and 281A.020(1).1NRS 281A.420(1). d. In lieu of a panel determination and a hearing, Xxxxxxx Xxxxx now enters into this Stipulated Agreement acknowledging his duty as a public officer to commit himself to protect the public trust and conform his conduct to Chapter 281A of the Nevada Revised Statutes.