Nevada Citizens’ Commission on Compensation for Elected Officials Amendment (2018)

Nevada Citizens’ Commission on Compensation for Elected Officials Amendment
Election date November 6, 2018
Topic Salaries of government officials
Status Not on the ballot
Type Constitutional amendment	Origin State legislature
List of Nevada measuresNevada Question 1Nevada Question 2Nevada Question 3Nevada Question 4Nevada Question 5Nevada Question 6Submit

The Nevada Citizens’ Commission on Compensation for Elected Officials Amendment was not on the ballot in Nevada as a legislatively referred constitutional amendment on November 6, 2018.

The measure would have created a Citizens’ Commission on Compensation for Certain Elected Officers, which would have been empowered to establish salaries and benefits for the following officials: (a) members of the Nevada Legislature, (b) Nevada Governor, (c) Nevada Lieutenant Governor, (d) Nevada Secretary of State, (e) Nevada State Treasurer, (f) Nevada State Controller, (g) Nevada Attorney General, (h) justices of the Nevada Supreme Court, (i) judges of the Nevada Court of Appeals, (j) judges of the Nevada District Courts, (k) county commissioners, (l) district attorneys, (m) sheriffs, (n) county clerks, (o) county assessors, (p) county recorders, (q) county treasurers, and (r) public administrators.

The Citizens’ Commission on Compensation for Certain Elected Officers would have been composed of seven members, each appointed by the governor.

The proposal was approved in the Nevada Legislature as Assembly Joint Resolution 10 in 2015. The amendment needed to be approved one more time in each legislative chamber during the 2017 legislative session to appear on the ballot. However, neither chamber acted on the amendment before the deadline to do so passed.

Text of measure

Constitutional changes

See also: Article 4, Article 6, and Article 15 of the Nevada Constitution

The measure would have added a Section 33A to Article 4, amended Sections 32 and 33 of Article 4, amended Section 15 of Article 6, and repealed Section 9 of Article 15 of the Nevada Constitution. The following struck-through text would have been deleted, and underlined text would have been added:

Note: Hover over the text and scroll to see the full text.

Article 4. Sec. 33A.

1. The Legislature shall provide by law for a Citizens’ Commission on Compensation for Certain Elected Officers.

2. The Commission must consist of seven members appointed by the Governor who have diverse personal and professional interests and reside in various geographical areas of this State of which:

(a) One member has expertise in public compensation and is recommended by the Public Employees’ Retirement Board or its successor organization;

(b) One member represents a nonprofit public interest organization;

(c) One member represents the general public;

(d) One member has experience with the operation of independent businesses in this State and is recommended by an organization which represents the interests of independent businesses in this State;

(e) One member has experience with the operation of a retailer in this State and is recommended by an organization which represents the interests of retailers in this State; and

(f) Two members have experience as officers or members of a labor organization in this State and are recommended by a labor organization in this State.

3. Each member of the Commission must be a resident of this State and must not be a state officer, public employee or lobbyist, or a parent, spouse, sibling, child or dependent relative of a state officer, public employee or lobbyist.

4. Except as otherwise provided in this subsection, the term of office of each member of the Commission is 4 years. The Governor shall appoint three of the members first appointed by him or her for initial terms of 2 years. If a vacancy occurs, the Governor shall fill the vacancy for the unexpired term in the same manner as the original appointment, within 30 days after the vacancy occurs. A member of the Commission may not serve more than two terms.

5. The Governor may remove a member of the Commission only for cause of incapacity, incompetence, neglect of duty, malfeasance in office or failure to meet a qualification set forth in subsection 3.

6. The Commission shall elect a Chair from among its members. Except as otherwise provided in this section, the Commission shall adopt rules of procedure for the conduct of its hearings and any other procedural rules it deems necessary to carry out its duties. The affirmative vote of a majority of all the members appointed to the Commission is required to take action.

7. Members of the Commission are entitled to:

(a) The compensation provided by law for members of the Commission on Judicial Discipline who are not judicial officers; and

(b) The per diem allowance and travel expenses provided by law for state officers and employees generally.

8. The Commission shall:

(a) Study the relationship of salaries and benefits to the duties of the members of the Legislature, the Governor, Lieutenant Governor, Secretary of State, State Treasurer, State Controller, Attorney General, justices of the Supreme Court, judges of the Court of Appeals and judges of the District Courts;

(b) Study the relationship of salaries to the duties of county commissioners, district attorneys, sheriffs, county clerks, county assessors, county recorders, county treasurers and public administrators;

(c) Compare the salaries and benefits of the elected officers set forth in paragraph (a) to the salaries and benefits of persons who are employed by a public or private employer and who have similar qualifications as those elected officers and compare the salaries of the elected officers set forth in paragraph (b) to the salaries of persons who are employed by a public or private employer and who have similar qualifications as those elected officers;

(d) Fix the salaries and benefits of the elected officers set forth in paragraph (a) and fix the salaries of the elected officers set forth in paragraph (b); and

(e) Carry out any duties provided by the Legislature.

9. The Commission may increase, but not diminish, the salary and benefits of an elected officer set forth in paragraph (a) of subsection 8 during his or her term of office. Except for the initial schedule of salaries and benefits for elected officers filed pursuant to subsection 10, the Commission may not increase or decrease the salary of any elected officer by more than 15 percent of the salary of that elected officer provided in the immediately preceding schedule of salaries for elected officers. The Commission may exercise any powers conferred by the Legislature.

10. The Commission shall file its initial schedule of salaries and benefits for elected officers with the Secretary of State not later than January 1, 2019, and shall file a schedule of salaries and benefits not later than January 1 of each odd-numbered year thereafter. Each schedule of salaries and benefits is effective:

(a) For members of the Legislature, for the period from the first Monday of February immediately following the January 1 that the schedule is due through the day before the first Monday of February of the next odd-numbered year; and

(b) For all other elected officers set forth in paragraph (a) or (b) of subsection 8, for the period from July 1 immediately following the January 1 that the schedule is due through June 30 of the next odd-numbered year. The Legislature shall provide by law for setting apart from each year’s revenues a sufficient amount of money to pay such salaries and benefits.

11. Before the Commission may file a schedule of salaries and benefits with the Secretary of State, the Commission shall hold at least four meetings to receive public testimony on the schedule. At the last public hearing before the schedule is filed with the Secretary of State, the Commission shall adopt the schedule as originally proposed or as amended. All meetings of the Commission are subject to the provisions of any open meeting laws made applicable generally to other public bodies.

12. The Legislative Counsel Bureau shall include in the Nevada Revised Statutes a copy of the most recent schedule of salaries and benefits established by the Commission and filed with the Secretary of State.

...

Article 4. Sec. 32.

The Legislature shall have power to increase, diminish, consolidate or abolish the following county officers: County Clerks, County Recorders, Auditors, Sheriffs, District Attorneys and Public Administrators. The Legislature shall provide for their election by the people, and fix by law their duties and, unless fixed by the Citizens’ Commission on Compensation for Certain Elected Officers pursuant to Section 33A of this Article, fix their compensation. County Clerks shall be ex-officio Clerks of the Courts of Record and of the Boards of County Commissioners in and for their respective counties.

...

Article 4. Sec. 33.

The members of the Legislature shall receive for their services a compensation to be fixed by law the Citizens’ Commission on Compensation for Certain Elected Officers pursuant to Section 33A of this Article and paid out of the public treasury, for not to exceed 60 days each calendar day of service during any regular session of the Legislature and not to exceed 20 days during any special session. ; but no increase of such compensation shall take effect during the term for which the members of either house shall have been elected; Provided, that an The Citizens’ Commission on Compensation for Certain Elected Officers may provide for the compensation of members of the Legislature for the performance of duties as a member of the Legislature outside of a regular or special session. An appropriation may be made for the payment of such actual expenses as members of the Legislature may incur for postage, express charges, newspapers and stationery not exceeding the sum of Sixty dollars for any general or special session to each member; and Furthermore Provided, that the Speaker of the Assembly, and Lieutenant Governor, as President of the Senate, shall each, during the time of their actual attendance as such presiding officers receive an additional allowance of two dollars per diem.

...

Article 6. Section 15.

The justices of the Supreme Court, the judges of the court of appeals and the district judges are each entitled to receive for their services a compensation to be fixed by law the Citizens’ Commission on Compensation for Certain Elected Officers pursuant to Section 33A of Article 4 and paid in the manner provided by law. , which must not be increased or diminished during the term for which they have been elected, unless If a vacancy occurs, in which case the successor of the former incumbent is entitled to receive only such salary as may be the salary and benefits provided for that office by law the Citizens’ Commission on Compensation for Certain Elected Officers pursuant to Section 33A of Article 4 at the time of his or her election or appointment. A provision must be made by law for setting apart from each year’s revenue a sufficient amount of money to pay such compensation.

...

Article 15. Section 9.

The Legislature may, at any time, provide by law for increasing or diminishing the salaries or compensation of any of the Officers, whose salaries or compensation is fixed in this Constitution; Provided, no such change of Salary or compensation shall apply to any Officer during the term for which he may have been elected.

Support

Supporters

Officials

• Rep. Vicki Dooling (R-41)
• Rep. David M. Gardner (R-9)
• Rep. Victoria Seaman (R-34)
• Rep. Shelly Shelton (R-10)
• Rep. Lynn Stewart (R-22)
• Rep. Glenn Trowbridge (R-37)

Organizations

• Nevada Association of Counties
• Nevada Sheriffs' and Chiefs' Association
• Recorder’s Association of Nevada,
• Nevada District Attorneys Association

Arguments

Rep. Vicki Dooling (R-41), one of the amendment's legislative sponsors, stated:

“

I am bringing this resolution forward because I believe it is difficult for elected officials to have a serious and fact-based discussion about their own compensation. Too many interest groups criticize and bring pressure. They regard this as self-serving and fail to recognize the amount of time and effort it takes to serve our fellow citizens. Even when the Legislature created an advisory commission that is still in statute, that commission's recommendations had to be submitted to the Legislature for enactment. In the end, legislators were still forced to discuss and act on their own salaries.

”

Rep. David M. Gardner (R-9), a sponsor of the measure in the legislature, said:

“

This idea is on based on 24 or 25 other states that want to take the power out of the Legislative Branch's hands and give it to a committee that would be able to look at it in a nonpartisan and fact-based manner. Many of the Western states, and other states throughout the country, have this type of program. The main idea is that the legislators should not be setting their own salaries. We want to have experts and fact-based discussions that do not involve the people who actually do the work.

”

Media editorial positions

Oppose

• Las Vegas Review-Journal said: "If you want a pay raise, you have to ask your boss. Lawmakers work for the people. If lawmakers believe they should be paid more, they can ask the people to vote on a ballot question authorizing as much… or they can vote on the matter themselves after considering public testimony. But that would require lawmakers to say why they should be paid more, and why they sought the job even though they thought the pay stunk."

Path to the ballot

See also: Amending the Nevada Constitution

In Nevada, a majority vote is required in two successive sessions of the Nevada State Legislature to place an amendment on the ballot.

2015 legislative session

The amendment was introduced as Assembly Joint Resolution 10. On April 20, 2015, the Nevada State Assembly approved AJR 10, with 27 representatives voting "yea" and 15 voting "nay." The Nevada Senate approved AJR 10 on May 22, 2015, with 19 senators voting "yea" and one voting "nay." On June 3, 2015, the first approval of AJR 10 was enrolled with the Nevada Secretary of State.

House vote

April 16, 2015

Nevada AJR 10 House Vote
Result		Votes	Percentage
a Yes		27	64.29%
No		15	35.71%

Senate vote

May 29, 2015

Nevada AJR 10 Senate Vote
Result		Votes	Percentage
a Yes		19	95.00%
No		1	5.00%

2017 legislative session

Assembly Joint Resolution 10 (AJR 10) received no floor vote in the legislature during the 2017 legislative session. On April 25, 2017, the deadline passed for bills to be approved in the legislative chamber of origin.

SJR 11 was sponsored by Republican members of the Assembly. Both chambers of the legislature were controlled by Republicans in 2015. Democrats took control of the Assembly and Senate in 2017, following their state legislative wins in the 2016 election.

See also

Suggest a link

• Nevada 2018 ballot measures
• 2018 ballot measures
• Nevada Legislature

External links

• Assembly Joint Resolution 10