NRS228.177. Prosecution of offense by county officer or employee.

      1.  As used in this section “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 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 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 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 received the inquiry; or

             (2) The district attorney responds in writing that he or she intends to act in the matter, but an information or indictment is not filed 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 information or indictment may not be dismissed on the ground that the district attorney or Attorney General has not complied with this section.

      (Added to NRS by 1985, 1564)