Senate Concurrent Resolution No. 1–Senators Raggio and Titus

 

June 14, 2001

____________

 

Read and Adopted

 

SUMMARY—Adopts Joint Rules of Senate and Assembly for 17th Special Session of Legislature. (BDR R‑34)

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

SENATE Concurrent RESOLUTION—Adopting the Joint Rules of the Senate and Assembly for the 17th Special Session of the Legislature.

 

1-1    Resolved by the Senate of the State of Nevada, the Assembly

1-2  Concurring, That the following Joint Rules of the Senate and Assembly

1-3  for the 17th Special Session of the Legislature are hereby adopted:

 

1-4  APPLICABILITY OF JOINT RULES

 

1-5  Rule No. 1 . Generally.

1-6    The Joint Rules for the 17th Special Session of the Legislature are

1-7  applicable only during the 17th Special Session of the Legislature.

 

1-8  JOINT RULES COMMITTEE

 

1-9  Rule No. 2.  Duties.

1-10    1.   There is hereby created a Joint Rules Committee for the 17th

1-11  Special Session of the Legislature. The membership of the committee

1-12  consists of:

1-13    (a) Two members appointed by the majority floor leader of the Senate;

1-14    (b) One member appointed by the minority floor leader of the Senate;

1-15    (c) Two members appointed by the Speaker of the Assembly; and

1-16    (d) One member appointed by the minority floor leader of the

1-17  Assembly.

1-18    2.  The members of the Joint Rules Committee shall elect a chairman

1-19  and vice chairman from among their members. The chairman must be

1-20  elected from one house of the legislature and the vice chairman from the

1-21  other house. 

1-22    3.  Any member of the Legislature may request the approval of the

1-23  Joint Rules Committee for a request to draft a bill, resolution or

1-24  amendment during the 17th Special Session.  Except as otherwise

1-25  provided in Joint Rule No. 3 and subsection 2 of Joint Rule No. 14, a

2-1  majority of the members of the Senate and a majority of the members of

2-2  the Assembly appointed to the Joint Rules Committee must approve any

2-3  request for the drafting of a bill, resolution or amendment during the

2-4  17th Special Session before it is submitted to the Legislative Counsel.

 

2-5  CONFERENCE COMMITTEES

 

2-6  Rule No. 3.  Procedure Concerning.

2-7    In every case of an amendment of a bill, or joint or concurrent

2-8  resolution, agreed to in one House, dissented from in the other, and not

2-9  receded from by the one making the amendment, each House shall

2-10  appoint a committee to confer with a like committee to be appointed by

2-11  the other; and the committee so appointed shall meet publicly at a

2-12  convenient hour to be agreed upon by their respective chairmen and

2-13  announced publicly, and shall confer upon the differences between the

2-14  two Houses as indicated by the amendments made in one and rejected in

2-15  the other and report as early as convenient the result of their conference

2-16  to their respective Houses. The report shall be made available to all

2-17  members of both Houses. The whole subject matter embraced in the bill

2-18  or resolution shall be considered by the committee, and it may

2-19  recommend recession by either House, new amendments, new bills or

2-20  resolutions, or other changes as it sees fit. New bills or resolutions so

2-21  reported shall be treated as amendments unless the bills or resolutions

2-22  are composed entirely of original matter, in which case they shall receive

2-23  the treatment required in the respective Houses for original bills, or

2-24  resolutions, as the case may be.

2-25    The report of a conference committee may be adopted by acclamation,

2-26  and such action may be considered equivalent to the adoption of

2-27  amendments embodied therein. The report is not subject to amendment.

2-28  If either House refuses to adopt the report, or if the first conference

2-29  committee has so recommended, a second conference committee may be

2-30  appointed. No member who served on the first committee may be

2-31  appointed to the second.

2-32    There shall be but two conference committees on any bill or

2-33  resolution. A majority of the members of a conference committee from

2-34  each House must be members who voted for the passage of the bill or

2-35  resolution.

 

2-36  MESSAGES

 

2-37  Rule No. 4.  Procedure Concerning.

2-38    Proclamations by the Governor convening the Legislature in extra

2-39  session shall, by direction of the presiding officer of each House, be read

2-40  immediately after the convening thereof, filed and entered in full in the

2-41  Journal of proceedings.

2-42    Whenever a message from the Governor is received, the Sergeant at

2-43  Arms will announce: “Mr. President, or Mr. Speaker, the Secretary of

2-44  the Governor is at the bar.” The secretary will, upon being recognized by

2-45  the presiding officer, announce: “Mr. President, or Mr. Speaker, a

3-1  message from His Excellency, the Governor of Nevada, to the

3-2  Honorable, the Senate or Assembly,” and hand same to the Sergeant at

3-3  Arms for delivery to the Secretary of the Senate or Chief Clerk of the

3-4  Assembly. The presiding officer will direct the biennial message of the

3-5  Governor to be received and read, and all special messages to be

3-6  received, read and entered in full in the Journal of proceedings.

3-7    Messages from the Senate to the Assembly shall be delivered by the

3-8  Secretary or Assistant Secretary, and messages from the Assembly to the

3-9  Senate shall be delivered by the Chief Clerk or Assistant Chief Clerk.

 

3-10  NOTICE OF FINAL ACTION

 

3-11  Rule No. 5.  Communications.

3-12    Each House shall communicate its final action on any bill or

3-13  resolution, or matter in which the other may be interested, by written

3-14  notice. Each such notice sent by the Senate must be signed by the

3-15  Secretary of the Senate, or a person designated by the Secretary. Each

3-16  such notice sent by the Assembly must be signed by the Chief Clerk of the

3-17  Assembly, or a person designated by the Chief Clerk.

 

3-18  BILLS AND JOINT RESOLUTIONS

 

3-19  Rule No. 6.  Signature.

3-20    Each enrolled bill or joint resolution shall be presented to the

3-21  presiding officers of both Houses for signature. They shall, after an

3-22  announcement of their intention to do so is made in open session, sign

3-23  the bill or joint resolution and their signatures shall be followed by those

3-24  of the Secretary of the Senate and Chief Clerk of the Assembly.

 

3-25  Rule No. 7.  Joint Sponsorship.

3-26    1.  A bill or resolution introduced by one or more legislators elected

3-27  to one House may, at the direction of the legislator who brings the bill or

3-28  resolution forward for introduction, set forth the names of one or more

3-29  legislators who are members elected to the other House and who wish to

3-30  be primary joint sponsors or non-primary joint sponsors of the bill or

3-31  resolution. The number of primary joint sponsors must not exceed five

3-32  per bill or resolution. The names of each primary joint sponsor and non-

3-33  primary joint sponsor must be set forth on the face of the bill or

3-34  resolution in the following order immediately below the date on which

3-35  the bill or resolution is introduced:

3-36    (a) The name of each primary joint sponsor, in the order indicated on

3-37  the colored back of the introductory copy of the bill or resolution; and

3-38    (b) The name of each non-primary joint sponsor, in alphabetical

3-39  order.

3-40    2.  The Legislative Counsel shall not cause to be printed the name of

3-41  a legislator as a primary joint sponsor or non-primary joint sponsor on

3-42  the face of a bill or resolution unless the legislator has signed the colored

3-43  back of the introductory copy of the bill or resolution that was submitted

4-1  to the front desk of the House of origin or the statement required by

4-2  subsection 4.

4-3    3.  Upon introduction, any bill or resolution that sets forth the names

4-4  of primary joint sponsors or non-primary joint sponsors, or both, must be

4-5  numbered in the same numerical sequence as other bills and resolutions

4-6  of the same House of origin are numbered.

4-7    4.  Once a bill or resolution has been introduced, a primary joint

4-8  sponsor or non-primary joint sponsor may only be added or removed by

4-9  amendment of the bill or resolution.  An amendment which proposes to

4-10  add or remove a primary joint sponsor or non-primary joint sponsor must

4-11  not be considered by the House of origin of the amendment unless a

4-12  statement requesting the addition or removal is attached to the copy of

4-13  the amendment submitted to the front desk of the House of origin of the

4-14  amendment. If the amendment proposes to add or remove a legislator as

4-15  a primary joint sponsor or non-primary joint sponsor, the statement must

4-16  be signed by that legislator.  A copy of the statement must be transmitted

4-17  to the Legislative Counsel if the amendment is adopted.

4-18    5.  An amendment that proposes to add or remove a primary joint

4-19  sponsor or non-primary joint sponsor may include additional proposals

4-20  to change the substantive provisions of the bill or resolution or may be

4-21  limited only to the proposal to add or remove a primary joint sponsor or

4-22  non-primary joint sponsor.

 

4-23  PRINTING

 

4-24  Rule No. 8.  Ordering and Distribution.

4-25    Each House may order the printing of bills introduced, reports of its

4-26  own committees, and other matter pertaining to that House only; but no

4-27  other printing may be ordered except by a concurrent resolution passed

4-28  by both Houses. Each Senator is entitled to the free distribution of four

4-29  copies of each bill introduced in each House, and each Assemblyman to

4-30  such a distribution of two copies. Additional copies of such bills may be

4-31  distributed at a charge to the person to whom they are addressed. The

4-32  amount charged for distribution of the additional copies must be

4-33  determined by the Director of the Legislative Counsel Bureau to

4-34  approximate the cost of handling and postage for the entire session.

 

4-35  RESOLUTIONS

 

4-36  Rule No. 9.  Types, Usage and Approval.

4-37    1.  A joint resolution must be used to:

4-38    (a) Propose an amendment to the Nevada constitution.

4-39    (b) Ratify a proposed amendment to the United States Constitution.

4-40    (c) Address the President of the United States, Congress, either House

4-41  or any committee or member of Congress, any department or agency of

4-42  the Federal Government, or any other state of the Union.

4-43    2.  A concurrent resolution must be used to:

4-44    (a) Amend these joint rules.

5-1    (b) Request the return from the Governor of an enrolled bill for

5-2  further consideration.

5-3    (c) Resolve that the return of a bill from one House to the other House

5-4  is necessary and appropriate.

5-5    (d) Express facts, principles, opinion and purposes of the Senate and

5-6  Assembly.

5-7    (e) Establish a joint committee of the two Houses.

5-8    (f) Direct the Legislative Commission to conduct an interim study.

5-9    3.  A concurrent resolution or a resolution of one House may be used

5-10  to:

5-11    (a) Memorialize a former member of the Legislature or other notable

5-12  or distinguished person upon his death.

5-13    (b) Congratulate or commend any person or organization for a

5-14  significant and meritorious accomplishment.

 

5-15  VETOES

 

5-16  Rule No. 10.  Special Order.

5-17    Bills which have passed a previous Legislature, and which are

5-18  transmitted to the Legislature next sitting, accompanied by a message or

5-19  statement of the Governor’s disapproval, or veto of the same, shall

5-20  become the subject of a special order; and when the special order for

5-21  their consideration is reached and called, the said message or statement

5-22  shall be read, together with the bill or bills so disposed or vetoed; and the

5-23  message and bill shall be read in the Senate by the Secretary of the

5-24  Senate and in the Assembly by the Chief Clerk of the Assembly, without

5-25  interruption, consecutively, one following the other, and not upon

5-26  separate occasions; and no such bill or message shall be referred to any

5-27  committee, or otherwise acted upon, save as provided by law and custom;

5-28  that is to say, that immediately following such reading the only question

5-29  (except as hereinafter stated) which shall be put by the Chair is, “Shall

5-30  the bill pass, notwithstanding the objections of the Governor?” It shall

5-31  not be in order, at any time, to vote upon such vetoed bill without the

5-32  same shall have first been read, from the first word of its title to and

5-33  including the last word of its final section; and no motion shall be

5-34  entertained after the Chair has stated the question save a motion for

5-35  “The previous question,” but the merits of the bill itself may be debated.

 

5-36  ADJOURNMENT

 

5-37  Rule No. 11.  Limitations and Calculation of Duration.

5-38    1.  In calculating the permissible duration of an adjournment for 3

5-39  days or less, the day of adjournment must not be counted but the day of

5-40  the next meeting must be counted, and Sunday must not be counted.

5-41    2.  The Legislature may adjourn for more than 3 days by motion

5-42  based on mutual consent of the houses or by concurrent resolution. One

5-43  or more such adjournments, may be taken to permit the Joint Rules

5-44  Committee or the Legislative Counsel Bureau to prepare the matters

6-1  respectively entrusted to them for the consideration of the Legislature as

6-2  a whole.

 

6-3  EXPENDITURES FROM THE LEGISLATIVE FUND

 

6-4  Rule No. 12.  Manner of authorization.

6-5    Except for routine salary, travel, equipment and operating expenses,

6-6  no expenditures shall be made from the Legislative Fund without the

6-7  authority of a Concurrent Resolution regularly adopted by the Senate

6-8  and Assembly.

 

6-9  RECORDS OF COMMITTEE PROCEEDINGS

 

6-10  Rule No. 13.  Duties of Secretary of Committee and Director.

6-11    1.  The Joint Rules Committee and the Committee of the Whole of the

6-12  Legislature shall cause a record to be made of the proceedings of its

6-13  meetings.

6-14    2.  The secretary of the Joint Rules Committee and secretary of the

6-15  Committee of the Whole shall:

6-16    (a) Label each record with the date, time and place of the meeting and

6-17  also indicate on the label the numerical sequence in which the record

6-18  was made;

6-19    (b) Keep the records in chronological order; and

6-20    (c) Deposit the records immediately following the final adjournment

6-21  of the special session of the Legislature with the Director of the

6-22  Legislative Counsel Bureau.

6-23    3.  The Director of the Legislative Counsel Bureau shall:

6-24    (a) Index the records;

6-25    (b) Make the records available for accessing by any person during

6-26  office hours under such reasonable conditions as he may deem

6-27  necessary;

6-28    (c) Maintain a log as a public record containing the date, time, name

6-29  and address of any person accessing any of the records and identifying

6-30  the records accessed; and

6-31    (d) Retain the records for two bienniums and at the end of that period

6-32  keep some form or copy of the record in any manner he deems

6-33  reasonable to ensure access to the record in the foreseeable future.

 

6-34  REDISTRICTING

 

6-35  Rule No. 14.  Responsibility for Measures.

6-36    1.  Measures setting forth specific boundaries of the state legislative

6-37  districts, congressional districts, districts for the Board of Regents or

6-38  districts for the State Board of Education must be requested and

6-39  introduced by the Joint Rules Committee.

6-40    2.  Notwithstanding this Rule and Joint Rule No. 2, if the Majority

6-41  Leader of the Senate and the Speaker of the Assembly jointly inform the

6-42  Legislative Counsel that the Joint Rules Committee is unable to agree

6-43  upon a request for the drafting of measures setting forth specific

7-1  boundaries of the state legislative districts, congressional districts,

7-2  districts for the Board of Regents or districts for the State Board of

7-3  Education, the Majority Leader of the Senate and the Speaker of the

7-4  Assembly may each request one bill draft setting forth the specific

7-5  boundaries of the state legislative districts and the congressional districts

7-6  and one bill draft setting forth the specific boundaries of the districts for

7-7  the Board of Regents and the districts of the State Board of Education.

 

7-8  Rule No. 14.1  Equality of Representation.

7-9    1.  In order to meet constitutional guidelines for deviations in

7-10  population among state legislative districts, no plan, or proposed

7-11  amendment thereto, will be considered that results in an overall range of

7-12  deviation of 10 percent or more, or a relative deviation in excess of plus

7-13  or minus 5 percent from the ideal district population.

7-14    2.  The population of each of the Nevada congressional districts must

7-15  be as nearly equal as is practicable. Any population deviation among the

7-16  congressional districts from the ideal district population must be

7-17  necessary to achieve some legitimate state objective. Legitimate state

7-18  objectives, as judicially determined, include making districts compact,

7-19  respecting municipal boundaries, preserving the cores of prior districts

7-20  and avoiding contests between incumbent representatives. In order to

7-21  meet constitutional guidelines for congressional districts, no plan, or

7-22  proposed amendment thereto, will be considered that results in an overall

7-23  range of deviation in excess of 1 percent, or a relative deviation in excess

7-24  of plus or minus one-half percent from the ideal district population.

7-25    3.  Equality of population in accordance with the standard for state

7-26  legislative districts is the goal of redistricting for the State Board of

7-27  Education and the Board of Regents.

 

7-28  Rule No. 14.2.  Population Database.

7-29    1.  The total state population, and the population of defined subunits

7-30  thereof, as determined by the 2000 federal decennial census must be the

7-31  exclusive database for redistricting by the Nevada Legislature.

7-32    2.  Such 2000 census data as validated by the staff of the Legislative

7-33  Counsel Bureau must be the exclusive database used for the evaluation

7-34  of proposed redistricting plans for population equality.

 

7-35  Rule No. 14.3.  Districts.

7-36    All district boundaries created by a redistricting plan must follow the

7-37  census geography.

 

7-38  Rule No. 14.4.  Compliance with the Voting Rights Act.

7-39    1.  The legislature will not consider a plan that discernibly violates

7-40  section 2 of the Voting Rights Act, codified as 42 U.S.C. § 1973(a), which

7-41  prohibits any state from imposing any voting qualification, standard,

7-42  practice or procedure that results in the denial or abridgment of any

7-43  United States citizen’s right to vote on account of race, color or status as

7-44  a member of a language minority group.

8-1    2.  The legislature will not consider a plan that is discernibly racially

8-2  gerrymandered. Racial gerrymandering exists when:

8-3    (a) Race is the dominant and controlling rationale in drawing district

8-4  lines; and

8-5    (b) The Legislature subordinates traditional districting principles to

8-6  racial considerations.

8-7  For the purposes of this subsection, “traditional districting principles”

8-8  are those traditional redistricting principles that have been judicially

8-9  recognized and include compactness of districts, contiguity of districts,

8-10  preservation of political subdivisions, preservation of communities of

8-11  interest, preservation of cores of prior districts, protection of incumbents

8-12  and compliance with section 2 of the Voting Rights Act, 42 U.S.C. § 1973

8-13  (2).

8-14    3.  For the purpose of analyzing the 2000 census data, the legislature

8-15  shall adopt the method set forth in the Office of Management and Budget

8-16  (OMB) Bulletin No. 00-02 for aggregating and allocating the 63

8-17  categories of race data that will be reported to Nevada by the United

8-18  States Census Bureau as part of the federal decennial census.

 

8-19  Rule No. 14.5  Public Participation.

8-20    1.  The Legislative Counsel Bureau shall make available to the public

8-21  copies of the validated 2000 census database for the cost of reproducing

8-22  the database.

8-23    2.  The legislature shall make available for review by the public,

8-24  copies of all maps prepared at the direction of the legislature.

 

8-25  LIMITATIONS ON REQUESTS FOR

8-26  DRAFTING OF LEGISLATIVE MEASURES

 

8-27  Rule No. 15.  Limitations on Drafting and Requirements for

8-28  Introduction; Duplicative Measures; Indication of Requester on

8-29  Committee Introductions.

8-30    The Legislative Counsel shall honor only requests for the drafting of a

8-31  bill, resolution or amendment that has been approved by a majority of the

8-32  members of the Senate and a majority of the members of the Assembly

8-33  appointed to the Joint Rules Committee.

 

8-34  Rule No. 15.1.  Amendments.

8-35    1.  The Legislative Counsel shall not honor a request for the drafting

8-36  of an amendment to a bill or resolution if the subject matter of the

8-37  amendment is independent of, and not specifically related and properly

8-38  connected to, the subject that is expressed in the title of the bill or

8-39  resolution.

8-40    2.  For the purposes of this Rule, an amendment is independent of,

8-41  and not specifically related and properly connected to, the subject that is

8-42  expressed in the title of a bill or resolution if the amendment relates only

8-43  to the general, single subject that is expressed in that Title and not to the

8-44  specific whole subject matter embraced in the bill or resolution.

 

9-1  CONTINUATION OF LEADERSHIP OF THE SENATE

9-2  AND ASSEMBLY DURING THE INTERIM

9-3  BETWEEN SESSIONS

 

9-4  Rule No. 16.  Tenure and Performance of Statutory Duties.

9-5    1.  Except as otherwise provided in subsections 2 and 3, the tenure of

9-6  the President pro Tem, Majority Leader and Minority Leader of the

9-7  Senate and the Speaker, Speaker pro Tem, Majority Floor Leader and

9-8  Minority Floor Leader of the Assembly extends during the interim

9-9  between regular sessions of the Legislature.

9-10    2.  The Senators designated to be the President pro Tem, Majority

9-11  Leader and Minority Leader for the next succeeding regular session

9-12  shall perform any statutory duty required in the period between the time

9-13  of their designation after the general election and the organization of the

9-14  next succeeding regular session of the Legislature if the Senator

9-15  formerly holding the respective position is no longer a Legislator.

9-16    3.  The Assemblymen designated to be the Speaker, Speaker pro Tem,

9-17  Majority Floor Leader and Minority Floor Leader for the next

9-18  succeeding regular session shall perform any statutory duty required in

9-19  the period between the time of their designation after the general election

9-20  and the organization of the next succeeding regular session.

 

9-21  POLICY AND PROCEDURES REGARDING

9-22  SEXUAL HARASSMENT

 

9-23  Rule No. 17.  Maintenance of Working Environment; Procedure for

9-24  Filing, Investigating and Taking Remedial Action on Complaints.

9-25    1.  The Legislature hereby declares its intention to maintain a

9-26  working environment which is free from sexual harassment. This policy

9-27  applies to all legislators and lobbyists. Each member and lobbyist is

9-28  responsible to conduct himself or herself in a manner which will ensure

9-29  that others are able to work in such an environment.

9-30    2.  In accordance with Title VII of the Civil Rights Act, for the

9-31  purposes of this rule, “sexual harassment” means unwelcome sexual

9-32  advances, requests for sexual favors, and other verbal or physical

9-33  conduct of a sexual nature when:

9-34    (a) Submission to such conduct is made either explicitly or implicitly a

9-35  term or condition of a person’s employment;

9-36    (b) Submission to or rejection of such conduct by a person is used as

9-37  the basis for employment decisions affecting the person; or

9-38    (c) Such conduct has the purpose or effect of unreasonably

9-39  interfering with a person’s work performance or creating an

9-40  intimidating, hostile or offensive working environment.

9-41    3.  Each person subject to these rules must exercise his own good

9-42  judgment to avoid engaging in conduct that may be perceived by others

9-43  as sexual harassment. The following noninclusive list provides

9-44  illustrations of conduct that the Legislature deems to be inappropriate:

9-45    (a) Verbal conduct such as epithets, derogatory comments, slurs or

9-46  unwanted sexual advances, invitations or comments;

10-1    (b) Visual conduct such as derogatory posters, photography, cartoons,

10-2  drawings or gestures;

10-3    (c) Physical conduct such as unwanted touching, blocking normal

10-4  movement or interfering with the work directed at a person because of

10-5  his sex;

10-6    (d) Threats and demands to submit to sexual requests to keep a

10-7  person’s job or avoid some other loss, and offers of employment benefits

10-8  in return for sexual favors; and

10-9    (e) Retaliation for opposing, reporting or threatening to report sexual

10-10  harassment, or for participating in an investigation, proceeding or

10-11  hearing conducted by the Legislature or the Nevada Equal Rights

10-12  Commission or the federal Equal Employment Opportunity Commission,

10-13  when submission to such conduct is made either explicitly or implicitly a

10-14  term or condition of a person’s employment or submission to or rejection

10-15  of such conduct by a person is used as the basis for employment

10-16  decisions affecting the person or such conduct has the purpose or effect

10-17  of unreasonably interfering with a person’s work performance or

10-18  creating an intimidating, hostile or offensive working environment.

10-19  4.  A person may have a claim of sexual harassment even if he has

10-20  not lost a job or some other economic benefit. Conduct that impairs a

10-21  person’s ability to work or his emotional well-being at work constitutes

10-22  sexual harassment.

10-23  5.  If a legislator believes he is being sexually harassed on the job, he

10-24  may file a written complaint with:

10-25  (a) The Speaker of the Assembly;

10-26  (b) The Majority Leader of the Senate; or

10-27  (c) The Director of the Legislative Counsel Bureau, if the complaint

10-28  involves the conduct of the Speaker of the Assembly or the Majority

10-29  Leader of the Senate.

10-30  The complaint must include the details of the incident or incidents, the

10-31  names of the persons involved and the names of any witnesses.

10-32  6.  Except as otherwise provided in subsection 7, the Speaker of the

10-33  Assembly or the Majority Leader of the Senate, as appropriate, shall

10-34  refer a complaint received pursuant to subsection 5 to a committee

10-35  consisting of legislators of the same House. A complaint against a

10-36  lobbyist may be referred to a committee in either House.

10-37  7.  If the complaint involves the conduct of the Speaker of the

10-38  Assembly or the Majority Leader of the Senate, the Director of the

10-39  Legislative Counsel Bureau shall refer the complaint to the Joint Rules

10-40  Committee.  If the Speaker of the Assembly or the Majority Leader of the

10-41  Senate is a member of this committee, the Speaker or the Majority

10-42  Leader, as the case may be, shall not participate in the investigation and

10-43  resolution of the complaint.

10-44  8.  The committee to which the complaint is referred shall

10-45  immediately conduct a confidential and discreet investigation of the

10-46  complaint. As a part of the investigation, the Committee shall notify the

10-47  accused of the allegations. The committee shall facilitate a meeting

10-48  between the complainant and the accused to allow a discussion of the

10-49  matter, if both agree. If the parties do not agree to such a meeting, the

11-1  committee shall request statements regarding the complaint from each of

11-2  the parties. Either party may request a hearing before the committee. The

11-3  committee shall make its determination and inform the complainant and

11-4  the accused of its determination as soon as practicable after it has

11-5  completed its investigation.

11-6    9.  If the investigation reveals that sexual harassment has occurred,

11-7  the Legislature will take appropriate disciplinary or remedial action, or

11-8  both. The committee shall inform the complainant of any action taken.

11-9  The Legislature will also take any action necessary to deter any future

11-10  harassment.

11-11  10.  The Legislature will not retaliate against a person who files a

11-12  complaint and will not knowingly permit any retaliation by the person’s

11-13  supervisors or coworkers.

11-14  11.  The Legislature encourages a person to report any incident of

11-15  sexual harassment immediately so that the complaint can be quickly and

11-16  fairly resolved.

11-17  12.  Action taken by a complainant pursuant to this rule does not

11-18  prohibit the complainant from also filing a complaint of sexual

11-19  harassment with the Nevada Equal Rights Commission or the federal

11-20  Equal Employment Opportunity Commission.

11-21  13.  All legislators and lobbyists are responsible for adhering to the

11-22  provisions of this policy. The prohibitions against engaging in sexual

11-23  harassment and the protections against becoming a victim of sexual

11-24  harassment set forth in this policy apply to employees, legislators,

11-25  lobbyists, vendors, contractors, customers and visitors to the Legislature.

11-26  14.  This policy does not create any enforceable legal rights in any

11-27  person.

 

11-28  H