Assembly Bill No. 291–Committee on Government Affairs

 

CHAPTER..........

 

AN ACT relating to land use planning; providing that members of city and county planning commissions in certain larger counties serve at the pleasure of their appointing authority; limiting the number of continuances that may be granted by a city or county planning commission in certain larger counties under certain circumstances; revising provisions relating to the appeal of certain land use decisions; revising certain ethical requirements with respect to members of city and county planning commissions in certain larger counties; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1. NRS 278.040 is hereby amended to read as follows:

    278.040  1.  The members of the planning commission are

appointed by the chief executive officer of the city, or in the case of

a county by the chairman of the board of county commissioners,

with the approval of the governing body. The members must not be

members of the governing body of the city or county. The majority

of the members of the county planning commission in any county

whose population is 400,000 or more must reside within the

unincorporated area of the county.

    2.  In Carson City, the members of the planning commission

established as provided in NRS 278.030 are appointed by the mayor

from the city at large, with the approval of the Board of Supervisors.

    3.  The governing body may provide for compensation to its

planning commission in an amount of not more than $80 per

meeting of the commission, with a total of not more than $400 per

month, and may provide travel expenses and subsistence allowances

for the members in the same amounts as are allowed for other

officers and employees of the county or city.

    4.  Except as otherwise provided in this subsection, the term of

each member is 4 years, or until his successor takes office. If

applicable, the term of each member of a county or city planning

commission in any county whose population is 400,000 or more is

coterminous with the term of the member of the governing body

who recommended his appointment to the appointing authority. If

the recommending member resigns his office before the expiration

of his term, the corresponding member of the planning commission

may continue to serve until the office is next filled by election. If the

office of the recommending member becomes vacant before the

expiration of the term for any other reason, the corresponding

member of the planning commission may continue to serve for the

duration of the original term.

    5.  [Members] Except as otherwise provided in this subsection,

members of a county or city planning commission may be

removed, after public hearing, by a majority vote of the governing

body for just cause. In a county whose population is 400,000 or

more, members of a county or city planning commission serve at

the pleasure of their appointing authority.

    6.  Vacancies occurring otherwise than through the expiration

of term must be filled for the unexpired term.

    Sec. 2.  NRS 278.050 is hereby amended to read as follows:

    278.050  1.  The commission shall hold at least one regular

meeting in each month.

    2.  It shall adopt rules for transaction of business and shall keep

a record of its resolutions, transactions, findings and determinations,

which record shall be a public record.

    3.  In a county whose population is 400,000 or more, the

commission shall not grant to an applicant more than two

continuances on the same matter, unless the commission

determines, upon good cause shown, that the granting of

additional continuances is warranted.

    Sec. 3.  NRS 278.3195 is hereby amended to read as follows:

    278.3195  1.  Except as otherwise provided in NRS 278.310,

each governing body shall adopt an ordinance providing that any

person who is aggrieved by a decision of:

    (a) The planning commission, if the governing body has created

a planning commission pursuant to NRS 278.030;

    (b) The board of adjustment, if the governing body has created a

board of adjustment pursuant to NRS 278.270;

    (c) A hearing examiner, if the governing body has appointed a

hearing examiner pursuant to NRS 278.262; or

    (d) Any other person appointed or employed by the governing

body who is authorized to make administrative decisions regarding

the use of land,

may appeal the decision to the governing body. In a county whose

population is 400,000 or more, a person shall be deemed to be

aggrieved under an ordinance adopted pursuant to this subsection

if the person appeared, either in person, through an authorized

representative, or in writing, before a person or entity described in

paragraphs (a) to (d), inclusive, on the matter which is the subject

of the decision.

    2.  Except as otherwise provided in NRS 278.310, an ordinance

adopted pursuant to subsection 1 must set forth, without limitation:

    (a) The period within which an appeal must be filed with the

governing body.

    (b) The procedures pursuant to which the governing body will

hear the appeal.

    (c) That the governing body may affirm, modify or reverse a

decision.

    (d) The period within which the governing body must render its

decision except that:

        (1) In a county whose population is 400,000 or more, that

period must not exceed 45 days.

        (2) In a county whose population is less than 400,000, that

period must not exceed 60 days.

    (e) That the decision of the governing body is a final decision

for the purpose of judicial review.

    (f) That, in reviewing a decision, the governing body will be

guided by the statement of purpose underlying the regulation of the

improvement of land expressed in NRS 278.020.

    (g) That the governing body may charge the appellant a fee for

the filing of an appeal.

    3.  In addition to the requirements set forth in subsection 2, in

a county whose population is 400,000 or more, an ordinance

adopted pursuant to subsection 1 must:

    (a) Set forth procedures for the consolidation of appeals; and

    (b) Prohibit the governing body from granting to an aggrieved

person more than two continuances on the same matter, unless the

governing body determines, upon good cause shown, that the

granting of additional continuances is warranted.

    4.  Any person who:

    (a) Has appealed a decision to the governing body in accordance

with an ordinance adopted pursuant to subsection 1; and

    (b) Is aggrieved by the decision of the governing body,

may appeal that decision to the district court of the proper county by

filing a petition for judicial review within 25 days after the date of

filing of notice of the decision with the clerk or secretary of the

governing body, as set forth in NRS 278.0235.

    Sec. 4.  NRS 281.501 is hereby amended to read as follows:

    281.501  1.  Except as otherwise provided in subsection 2 [or

3,] , 3 or 4, a public officer may vote upon a matter if the benefit or

detriment accruing to him as a result of the decision either

individually or in a representative capacity as a member of a general

business, profession, occupation or group is not greater than that

accruing to any other member of the general business, profession,

occupation or group.

    2.  [In] Except as otherwise provided in subsection 3, in

addition to the requirements of the code of ethical standards, a

public officer shall not vote upon or advocate the passage or failure

of, but may otherwise participate in the consideration of a matter

with respect to which the independence of judgment of a reasonable

person in his situation would be materially affected by:

    (a) His acceptance of a gift or loan;

    (b) His pecuniary interest; or

    (c) His commitment in a private capacity to the interests of

others.

It must be presumed that the independence of judgment of a

reasonable person would not be materially affected by his pecuniary

interest or his commitment in a private capacity to the interests of

others where the resulting benefit or detriment accruing to him or to

the other persons whose interests to which the member is committed

in a private capacity is not greater than that accruing to any other

member of the general business, profession, occupation or group.

The presumption set forth in this subsection does not affect the

applicability of the requirements set forth in subsection [3] 4

relating to the disclosure of the pecuniary interest or commitment in

a private capacity to the interests of others.

    3.  In a county whose population is 400,000 or more, a

member of a county or city planning commission shall not vote

upon or advocate the passage or failure of, but may otherwise

participate in the consideration of a matter with respect to which

the independence of judgment of a reasonable person in his

situation would be materially affected by:

    (a) His acceptance of a gift or loan;

    (b) His direct pecuniary interest; or

    (c) His commitment to a member of his household or a person

who is related to him by blood, adoption or marriage within the

third degree of consanguinity or affinity.

It must be presumed that the independence of judgment of a

reasonable person would not be materially affected by his direct

pecuniary interest or his commitment described in paragraph (c)

where the resulting benefit or detriment accruing to him or to the

other persons whose interests to which the member is committed is

not greater than that accruing to any other member of the general

business, profession, occupation or group. The presumption set

forth in this subsection does not affect the applicability of the

requirements set forth in subsection 4 relating to the disclosure of

the direct pecuniary interest or commitment.

    4.  A public officer or employee shall not approve, disapprove,

vote, abstain from voting or otherwise act upon any matter:

    (a) Regarding which he has accepted a gift or loan;

    (b) Which would reasonably be affected by his commitment in a

private capacity to the interest of others; or

    (c) In which he has a pecuniary interest,

without disclosing sufficient information concerning the gift, loan,

commitment or interest to inform the public of the potential effect of

the action or abstention upon the person who provided the gift or

loan, upon the person to whom he has a commitment, or upon his

interest. Except as otherwise provided in subsection [6,] 7, such a

disclosure must be made at the time the matter is considered. If the

officer or employee is a member of a body which makes decisions,

he shall make the disclosure in public to the Chairman and other

members of the body. If the officer or employee is not a member of

such a body and holds an appointive office, he shall make the

disclosure to the supervisory head of his organization or, if he holds

an elective office, to the general public in the area from which he is

elected. This subsection does not require a public officer to disclose

any campaign contributions that the public officer reported pursuant

to NRS 294A.120 or 294A.125 in a timely manner.

    [4.]5.  If a public officer declares to the body or committee in

which the vote is to be taken that he will abstain from voting

because of the requirements of this section, the necessary quorum to

act upon and the number of votes necessary to act upon the matter,

as fixed by any statute, ordinance or rule, is reduced as though the

member abstaining were not a member of the body or committee.

    [5.]6.  If a public officer is voting on a matter which affects

public employees, he shall make a full public disclosure of any

personal pecuniary interest which he may have in the matter.

    [6.]7.  After a member of the Legislature makes a disclosure

pursuant to subsection [3,] 4, he may file with the Director of the

Legislative Counsel Bureau a written statement of his disclosure.

The written statement must designate the matter to which the

disclosure applies. After a Legislator files a written statement

pursuant to this subsection, he is not required to disclose orally his

interest when the matter is further considered by the Legislature or

any committee thereof. A written statement of disclosure is a public

record and must be made available for inspection by the public

during the regular office hours of the Legislative Counsel Bureau.

    [7.]8.  The provisions of this section do not, under any

circumstances:

    (a) Prohibit a member of the legislative branch from requesting

or introducing a legislative measure; or

    (b) Require a member of the legislative branch to take any

particular action before or while requesting or introducing a

legislative measure.

    [8.]9.  As used in this section, “commitment in a private

capacity to the interests of others” means a commitment to a person:

    (a) Who is a member of his household;

    (b) Who is related to him by blood, adoption or marriage within

the third degree of consanguinity or affinity;

    (c) Who employs him or a member of his household;

    (d) With whom he has a substantial and continuing business

relationship; or

    (e) Any other commitment or relationship that is substantially

similar to a commitment or relationship described in this subsection.

 

²⁰~~~~~⁰³