Nevada Revised Statutes 228.177 – Investigation and prosecution of offense by county or city officer or employee
1. As used in this section:
Terms Used In Nevada Revised Statutes 228.177
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- county: includes Carson City. See Nevada Revised Statutes 0.033
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
(a) ’City officer or employee’ means an elected officer of a city or any city officer or employee who is compensated from a city treasury.
(b) ’County officer or employee’ means an elected officer of a county or any county officer or employee who is compensated from a county treasury.
2. The Attorney General may investigate and prosecute any criminal offense committed by a county officer or employee or a city officer or employee in the course of his or her duties or arising out of circumstances related to his or her position, if:
(a) The district attorney of the county or the city attorney, as applicable, has stated in writing to the Attorney General that he or she does not intend to act in the matter; or
(b) The Attorney General has inquired in writing of the district attorney or the city attorney, as applicable, whether he or she intends to act in the matter and:
(1) The Attorney General has not received a written response within 30 days after the district attorney or the city attorney, as applicable, received the inquiry; or
(2) The district attorney or the city attorney, as applicable, responds in writing that he or she intends to act in the matter, but an indictment is not found or an information or complaint is not filed, as applicable, within 90 days after the response.
3. When he or she is acting pursuant to this section, the Attorney General may commence his or her investigation and file a criminal action with leave of court, and the Attorney General has exclusive charge of the conduct of the prosecution.
4. An indictment, information or complaint may not be dismissed on the ground that the district attorney or the city attorney, as applicable, or the Attorney General has not complied with this section.