§ 1.080. Mayor and Councilmen not to hold other office or employment  


Latest version.
  • 1. The Mayor and Councilmen shall not:

    (a) Hold any other elective office or employment with Washoe County or the City, except as provided by law or as a member of a board or commission for which no compensation is received.

    (b) Be appointed to any office or position created by or the compensation for which was increased or fixed by the City Council until 1 year after the expiration of the term for which such person was elected.

    2. Any person who violates the provisions of subsection 1 shall automatically forfeit his office.

    ATTORNEY GENERAL'S OPINIONS.

    Provision of city charter prohibiting mayor or member of city council from being employed by county was unconstitutional as applied to the facts presented. Where an employee of Nye County was elected to the position of mayor of Gabbs and an employee of Elko County was elected to the Wells city council, city charter provisions (see former Gabbs City Charter § 1.080 and Wells City Charter § 1.070) prohibiting the mayor or a city councilman from holding employment with the county were unconstitutional pursuant to the U.S. 1st amendment (cf. Nev. Art. 1, §§ 9 and 10), at least where the two county employees: (1) were not elected to their county positions; (2) did not hold county positions involving the exercise of political power or discretionary decision making; (3) could have no pecuniary conflict, because the city council does not regulate the county budget; (4) had supervisors that worked for the county, not the city; and (5) held positions with the county such that they could continue to be loyal to their employers while at the same time being loyal to their city constituents. Although certain interests may justify a restriction on certain county and possibly all city employees from also holding seats on the city council, they do not justify a complete ban on all county employees from also being elected mayor or city councilman. (See also Caliente City Charter § 1.070, Carlin City Charter § 1.070, Las Vegas City Charter § 2.040 and Reno City Charter § 1.080.) AGO 99-21 (7-2-1999)

    Effect of section on increase of salary for next term with respect to person running for reelection. Notwithstanding the provisions of NRS 266.230, Carlin City Charter § 1.070(1)(b), Elko City Charter § 1.100(1)(b) and Wells City Charter § 1.070(1)(b), which require certain city officials to wait until 1 year after the expiration of their term of office before being elected or appointed to another office the compensation for which was increased during their previous term of office, the presumption in favor of the eligibility of a person who has been elected to public office mandates the outcome that if a current city council or board of supervisors of the city increases the salaries for the next term of office, a mayor or city councilman or city supervisor may run for reelection and does not need to absent himself from office for 1 year. However, the salary increase would not take effect for such a reelected official until 1 year later. (See also Henderson City Charter § 1.080(1)(b), Las Vegas City Charter § 2.040(1)(b), North Las Vegas City Charter § 1.070(1)(b) and Sparks City Charter § 1.100(1)(b).) (N.B., Reno City Charter § 1.080(1)(b) was amended in 1999 to clarify that a city councilman or mayor who votes for a salary increase and is then reelected is entitled to the salary increase beginning in his new term.) AGO 99-27 (8-5-1999)

(Ch. 662, Stats. 1971 p. 1963; A—Ch. 561, Stats. 1977 p. 1390; Ch. 327, Stats. 1999 p. 1366)