MINUTES OF THE

      ASSEMBLY COMMITTEE ON EDUCATION

 

      Sixty-seventh Session

      March 31, 1993

 

 

 

The Assembly Committee on Education was called to order by Chairman Wendell P. Williams, at 3:34 p.m., on Wednesday, March 31, 1993, in Room 330 of the Legislative Building, Carson City, Nevada.  Exhibit A is the Meeting Agenda.  Exhibit B is the Attendance Roster.

 

 

COMMITTEE MEMBERS PRESENT:

 

      Mr. Wendell P. Williams, Chairman

      Mr. Ken L. Haller , Vice Chairman

      Mrs. Vonne Chowning

      Mr. Tom Collins, Jr.

      Mrs. Marcia de Braga

      Mr. William D. Gregory

      Mr. Michael A. Schneider

      Mrs. Gene W. Segerblom

      Ms. Sandra Tiffany

 

COMMITTEE MEMBERS ABSENT:

 

      Mr. James W. McGaughey

      Mr. Roy Neighbors       (excused)

     

GUEST LEGISLATORS PRESENT:

 

      Assemblyman Bernie Anderson, District 31

 

STAFF MEMBERS PRESENT:

 

      Marla McDade, Research Assistant

 

OTHERS PRESENT:

 

      Buster Neel, University of Nevada, Las Vegas

      Mark Dawson, University & Community College System of   Nevada

      John Marshall, University of Nevada, Reno

      David Hollenbeck, University of Nevada, Las Vegas

      Diana DeSimone, University of Nevada System

      Paula Treat, PORAN

      Bob Dickens, University

     

 

      Steven Horsford, UNR Student

      Bob Broniecki, Clark County Classroom Teachers Association

 

ASSEMBLY BILL 191 -     Requires board of regents of University of Nevada System to report to director of legislative counsel bureau concerning certain activities of police department for University of Nevada System.

 

Chairman Williams explained the bill was the result of concerns regarding the operation and handling of certain incidents and procedures by the university police officers.

 

Mark Dawson, Chancellor, University and Community College System of Nevada, presented testimony neither in opposition or support of the bill.  Mr. Dawson indicated if the legislature passed the bill, the system would do everything in their power to comply with the provisions of the bill.

 

Mr. Dawson remarked the bill was the result of an arrest involving force which occurred during El Dorado week at the University of Nevada, Las Vegas campus approximately a year-and-a-half ago.  Mr. Dawson suggested distributing reports which only consisted of events, arrests, etc., involving force since complying with all the conditions of AB 191 would require a large amount of staff time and would create an enormous report for all parties to interpret.  Mr. Dawson concluded there were individuals from both universities who were able to provide such records to the committee.    

 

Chairman Williams pointed out there was a ladder of escalation dealing with force and he questioned whether Mr. Dawson was referring only to deadly force.  Mr. Dawson did not know the answer.  Chairman Williams referred to section 1, subsection 2(c) which read, "A statement indicating the results and final determinations of all incidents which were investigated by the police department during the previous biennium," and mentioned after speaking with members of both universities, concern had been raised regarding the burden which could occur if each and every incident had to be reported.  Chairman Williams suggested reporting only the incidents which involved force.

 

Mr. Dawson alluded to subsection 2(e) which stated, "A detailed summary of the guidelines adopted by the police department governing the use of force by its officers, including a list of the situations in which increased force may be used by its officers to restrain a suspect or to effectuate an arrest."  Mr. Dawson emphasized a detailed list of all arrests made would include many incidents of no interest; however, he stressed they would comply if the bill was passed in current form.

 

Buster Neel, Vice President of Finance and Administration, University of Nevada, Las Vegas, clarified accountability would not be an issue; however, he was concerned with the budget shortfall the state was facing and the lack of new positions for the next two years.  Mr. Neel maintained AB 191 could create an administrative burden.

 

Mr. Collins asked if currently records were maintained when an individual was turned over to metro.  Mr. Neel replied there was a significant amount of information available along with federal mandates for reporting such incidents.

 

Chairman Williams questioned if the information was furnished to the board of regents.  Mr. Neel responded "No, not at this point."  Chairman Williams clarified AB 191 would mandate the regents report the information to the legislature.

 

Mrs. Segerblom asked if the records which were kept had any detail regarding forcible arrest.

 

Dave Hollenbeck, Director of Public Safety and Chief of Police for the University of Nevada, Las Vegas, replied extremely detailed records were kept and a record which involved any significant degree of force was documented.  Mr. Hollenbeck referred to the use of force continuum and explained the first level on the continuum was the mere presence of the officer; the second was verbal command; the third consisted of any situation which might end up with the laying of hands; the fourth involved the use of non-lethal types of means such as PR-24; and the final step was deadly force.  Mr. Hollenbeck pointed out there would be a necessity for clarification of what levels of force needed to be reported.

 

Mr. Hollenbeck justified an officer was permitted to use as much force as the individual being arrested was using, plus an increment which would allow the officer to make the arrest.  Mr. Hollenbeck maintained all facts were detailed since the cases might possibly be presented in court.

 

Mrs. de Braga questioned what portion of the bill was currently not being performed.  Mr. Hollenbeck emphasized a significant amount of reporting was already being completed.  Mr. Hollenbeck referred to a booklet regarding compliance with the Crime Awareness and Campus Security Act of 1990.  The book identified ways to respond to the federal government and what statistics were required to be published for the students, faculty, employees, and prospective students of each campus.

 

Mr. Hollenbeck pointed out in a two-year period there would be approximately 3,000 investigations which would result in an extremely large report.

 

Chairman Williams referred to section 1, subsection 2(c), and suggested deleting the period and inserting language after the word "biennium" which read, "that involved the use of deadly force."  Chairman Williams asked if it would cut down on the burden of reporting.  Mr. Hollenbeck responded in the five years he had been employed by UNLV, deadly force had never been used on the campus.

 

Mrs. Chowning felt the bill would be necessary if there was a significant problem and she suggested the possibility of updating the reports every two years rather than compiling new reports.  Mrs. Chowning indicated she had a great concern with the second portion of subsection 2(e) since, in her opinion, it was predicting the future.  Mrs. Chowning stated she did not understand the language in lines 20 through 22 which read, "...including a list of the situations in which increased force may be used by its officers to restrain a suspect or to effectuate an arrest."   According to Mrs. Chowning, no one could really know what would be necessary in the future.

 

Mrs. Chowning questioned if subsection 2(a) was currently in the university policy manual.  Mr. Hollenbeck replied, "Yes."  Chairman Williams asked if the procedures listed in the manual included the situations which might occur regarding when force would be used.  Mr. Hollenbeck remarked all officers were instructed to use the minimum amount of force necessary to effect an arrest.  Mr. Hollenbeck was concerned with why the university police only were targeted by AB 191 and not the Highway Patrol, Nevada Division of Investigation, and various other police.  Chairman Williams indicated there would not be a problem with amending such groups into the bill.

 

Mrs. Segerblom questioned when an outside police group might be called in.  Mr. Hollenbeck replied in incidents of riots or any type of overwhelming situation.

 

Mr. Haller asked if the officers were POST trained.  Mr. Hollenbeck replied yes, as category 1 officers.

 

John Marshall, Assistant Vice President for Student Life, University of Nevada, Reno, stated he was in charge of the university police department and the policies for the department were continually under revision.  Mr. Marshall acknowledged documentation regarding the number and types of incidents reported to the police department during the previous biennium were on record.  Documentation dealing with criminal incidents and dispositions were often held up in the District Attorney's office due to a backlog of over a year.  Mr. Marshall indicated there were procedures within the manual addressing citizen complaints and the use of force by university officers.  Mr. Marshall emphasized there were specific guidelines as to when officers should use guns and PR-24's.  Chairman Williams stressed the language of AB 191 was not intended to reveal personal situations involving the officers.  The bill was specifically requesting the board of regents to make a report available to the legislature.

 

Diana DeSimone, Director of Personnel for the northern campuses of the University and Community College System of Nevada, explained a disciplinary action log would not be a burden to prepare; however, it would be minimal since there were only 12 officers in each department.  Mrs. DeSimone referred to disciplinary procedures which were applied under the Nevada Administrative Code (Exhibit C).  Mrs. DeSimone was concerned with the confidentiality due to the small number of officers and she pointed out the use of excessive force as a reason for disciplinary action had been extremely rare. 

 

Mrs. DeSimone maintained if reports of disciplinary action involving excessive force were requested, there had been only one occurrence in the past five years.

 

Mrs. de Braga questioned which of the reports were "not" currently being retained.  Mr. Marshall responded there were records in all of the categories included in AB 191.  Mrs. de Braga commented if the information was already compiled, where would the excessive workload occur in providing a copy to the legislature.  Mr. Marshall replied the report would be extremely voluminous and, in his opinion, the regents might request an executive summary of some kind.

 

Mrs. DeSimone emphasized although specific disciplinary actions could be compiled, currently they were not categorized by police departments or any other individual departments.  Mrs. Chowning asked if incidents had occurred which had not been proven involving abuse by the officers.  Mrs. DeSimone replied her involvement usually occurred at the beginning stages of an investigation and she was unaware of any citizen complaints which had been justified on the northern campus.

 

Mr. Collins questioned how long it would take to compile the report for the board of regents outlined in the bill.  Mr. Hollenbeck was concerned with section 2(c) since, in his opinion, if a disposition was required for every case, it would demand a large amount of staff time.  Over the past year, there had been approximately 1,500 incidents.

 

Mrs. Chowning asked how many incidents involving excessive force had occurred on the southern campuses.  Mr. Hollenbeck responded there had not been one sustained case; however, there was no clear definition of excessive force.  Mr. Hollenbeck pointed out during his five years of employment, there had been four allegations.

 

Mr. Hollenbeck clarified a specific policy for all university police was not to use "Cap-stun" against a hand-cuffed prisoner.  However, Mr. Hollenbeck explained after reviewing the policy he determined Cap-stun would not be used against a prisoner who was hand-cuffed and under control.  Mr. Hollenbeck justified in the incident which occurred, the individual was not under control.

 

Chairman Williams remarked the individual who was sprayed in the face was laying on the ground.  Mr. Hollenbeck emphasized the individual was kicking the officer and inciting the crowd; however, the officer was reprimanded.

 

Chairman Williams suggested deleting the language in section 2(e).  Mr. Hollenbeck indicated if the detailed summary was omitted, the information could be obtained in a different area since the department policy regarding the use of force was to use the minimum amount necessary.  Mr. Hollenbeck pointed out there was over one million visitors to the campus per year which included individuals who were neither faculty staff or students.

 

Steven Horsford, University of Nevada, Reno student, presented testimony in support of the bill for the main purpose of accountability.  Mr. Horsford stressed currently the university police were not accountable to anyone except the administration.  Mr. Horsford indicated many students were unaware of their rights and certain times those rights had been violated.

 

Mr. Horsford justified section 2(e) could, in his opinion, work for the benefit of the state as a proactive move.

 

Paula Treat, Peace Officer Research Association of Nevada (PORAN), spoke in support of the concept of the bill.  Ms. Treat pointed out the university police had peace officer powers; however, currently there was no check and balance system for the officers. 

 

      ASSEMBLYMAN HALLER MOVED TO DO PASS AB 191.

 

      ASSEMBLYMAN WILLIAMS SECONDED THE MOTION.

 

Mr. Collins suggested the university staff present the committee with the requested report in order to determine what portions of the report would actually be necessary before voting on the bill. 

 

Mrs. Segerblom maintained the board of regents did not need to receive a report on everything an officer responded to.

 

Mr. Haller commented the university police had powers which had been extended during the previous legislative session and, in his opinion, there was a need for accountability.

 

Mr. Schneider was concerned a "paperwork machine" might be created if the bill was passed with the current language and he suggested developing a form which could be completed by the head of the police, the student body, and a member of the board of regents.

 

Mrs. Chowning suggested amending the bill and carefully looking at the university policy manual and removing the portions of AB 191 which were already in the manual.

 

Chairman Williams stated for the record the board of regents had been contacted and they had no problem with the proposed report.

 

Ms. Tiffany maintained if the bill was to be amended, all parties directly involved with the proposed report should determine the most feasible way of creating it.  Chairman Williams indicated when the board of regents received the report and submitted it to LCB, it should be summarized into an executive report.  Chairman Williams pointed out the bill would allow for a two-year period to compile the requested report.

 

Mrs. Chowning mentioned there was a motion on the floor and she would vote against passing the bill in its present form.  Mrs. Chowning suggested appointing a subcommittee to address the concerns of the parties involved.

 

Bob Dickens, Director of Governmental Relations for the University of Nevada, Reno, stated he was the chairman of the Campus Neighborhood Community Relations Committee in addition to many years of experience with the various parties involved with AB 191.  Mr. Dickens referred to the federal mandate regarding campuses complying with the Crime Awareness and Campus Security Act of 1990.  Mr. Dickens suggested proposing an amendment for the bill requiring the campuses report on their individual compliance with the federal mandate.  Mr. Dickens explained the federal mandate was referred to as the Student Right to Know and Campus Security Act and contained an ample amount of information the committee might be concerned with.

 

      ASSEMBLYMAN HALLER MOVED TO RESCIND HIS MOTION TO DO PASS       AB 191.

 

      ASSEMBLYMAN WILLIAMS RESCINDED HIS SECOND.

 

Chairman Williams appointed a subcommittee chaired by Mr. Collins and including Mrs. Chowning, Mr. Schneider, and Ms. Tiffany.  Chairman Williams closed the hearing on AB 191 and announced a vote on the bill would be taken on Wednesday, April 7th.

 

Assemblyman Bernie Anderson, District 31, asked for a bill draft request pertaining to NRS 389.065, section 3, with language which would allow guest speakers in classrooms to furnish information to students on the subject of immunity and sexually transmitted diseases (Exhibit D).

 

Mr. Anderson proposed language which read, "Nothing in this section shall preclude the use of additional resources or guest speakers to participate in school board approved programs under this section." 

 

Chairman Williams asked for a committee introduction for BDR 34-764, requested by the Nevada State Education Association, which stated,  "Revise provision governing credit for school teacher's previous service in determining salary of teacher."

 

      ASSEMBLYMAN COLLINS MOVED FOR COMMITTEE INTRODUCTION OF

      BDR 34-764.

 

      ASSEMBLYMAN CHOWNING SECONDED THE MOTION.

 

      THE MOTION PASSED UNANIMOUSLY.

 

Mr. Collins asked if the committee would be interested in having a bill drafted which would address home schooled children by allowing them to participate in certain vocational and other part-time programs in the school districts or extra curricular activities.  Mrs. de Braga pointed out some counties were already participating in such programs. 

 

Mrs. Segerblom indicated, in her opinion, she felt it should be a local school district issue.

 

Ms. Tiffany questioned if anyone had checked to determine if such a program would be feasible and could be placed in the structure and whether it contained a fiscal note.

 

Chairman Williams pointed out a certain amount of money was allocated per student and parents had a choice as to whether or not to home school their child or let him attend public school, either or.  In his opinion, a person could not do both at the same time.

 

Mrs. Chowning brought to the committee's attention the matter of teenage suicide prevention.  Mrs. Chowning acknowledged Nevada had a severe problem and currently there was no state program regarding teenage suicide prevention.  Mrs. Chowning requested the committee's permission to consider a bill draft on the subject.  Chairman Williams asked Mrs. Chowning to proceed with such a request since a recent newspaper article clarified Nevada had the highest teenage suicide rate in the nation.

 

Chairman Williams announced there had been complaints from the public regarding committee members holding private conversations during testimony and he reminded the committee to be attentive to individuals who were testifying.

 

Bob Broniecki, President, Clark County Classroom Teachers Association, thanked the committee on behalf of a Las Vegas teacher named Sue Dickenson-Smith who had testified during a meeting which was held in February.  Mr. Broniecki remarked due to the television coverage, Mrs. Dickenson-Smith had received numerous donations of computers and equipment for her classroom which she had been purchasing from her own individual funds.     

 

There being no further business, the meeting was adjourned at 4:57 p.m.

 

                             RESPECTFULLY  SUBMITTED:

 

 

 

                                                                          

                            Marilyn Cole, Committee Secretary

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Assembly Committee on Education

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Assembly Committee on Education

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