Nevada Code § 283.440

Removal of certain public officers for malfeasance or nonfeasance: Procedure; appeal
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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 Legislators 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 officers office;
(b) Has refused or neglected to perform the
official duties pertaining to the officers office as prescribed by law; or
(c) Has been guilty of any malpractice or
malfeasance in office,
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 partys 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 .

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