Assembly Bill No. 539–Committee on Government Affairs

(On Behalf of Carson City)

March 15, 1999

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Referred to Committee on Government Affairs

 

SUMMARY—Makes various changes to charter of Carson City. (BDR S-686)

FISCAL NOTE: Effect on Local Government: Yes.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to the charter of Carson City; providing for a charter committee; increasing the salary of the mayor; revising the restriction on certain city officials engaging in any other business or occupation; making various other changes to the city charter; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. The charter of Carson City, being chapter 213, Statutes of

1-2 Nevada 1969, is hereby amended by adding thereto new sections to be

1-3 designated as sections 1.080, 1.090 and 1.100, respectively, immediately

1-4 following section 1.070, to read as follows:

1-5 Sec. 1.080 Charter committee: Nomination; appointment;

1-6 terms; qualifications; compensation.

1-7 1. The candidates for membership on the charter committee

1-8 must be nominated as follows:

1-9 (a) Each supervisor shall nominate at least one candidate; and

1-10 (b) Each member of the senate and assembly delegation

1-11 representing the residents of the city shall nominate at least one

1-12 candidate.

1-13 2. The board shall:

1-14 (a) Determine the appropriate number of members of the

1-15 charter committee from the candidates nominated; and

1-16 (b) Appoint the members of the charter committee.

1-17 3. Each member of the charter committee must:

2-1 (a) Be a registered voter in Carson City;

2-2 (b) Serve a term concurrent to the term of the public officer by

2-3 whom he was nominated;

2-4 (c) Reside in Carson City during his term of office; and

2-5 (d) Serve without compensation.

2-6 Sec. 1.090 Charter committee: Meetings; duties. The

2-7 charter committee shall:

2-8 1. Elect a chairman from among its members who shall serve

2-9 for a term of 1 year;

2-10 2. Meet at least once every 2 years before the beginning of

2-11 each regular session of the legislature and when requested by the

2-12 board or the chairman of the committee;

2-13 3. Advise the board with regard to the recommendations of

2-14 the committee concerning necessary amendments to this charter;

2-15 and

2-16 4. Assist the board in the timely preparation of such

2-17 amendments for presentation to the legislature on behalf of the

2-18 city.

2-19 Sec. 1.100 Charter committee: Removal; vacancies.

2-20 1. A member of the charter committee may be removed by the

2-21 board for:

2-22 (a) Missing three consecutive regular meetings; or

2-23 (b) Other good cause.

2-24 2. The board shall fill any vacancy that occurs on the charter

2-25 committee for the unexpired term.

2-26 Sec. 2. Section 2.180 of the charter of Carson City, being chapter 213,

2-27 Statutes of Nevada 1969, as last amended by chapter 425, Statutes of

2-28 Nevada 1983, at page 1059, is hereby amended to read as follows:

2-29 Sec. 2.180 Power of board: Animals and poultry. The board

2-30 may:

2-31 1. Fix, impose and collect an annual per capita tax on all dogs

2-32 and provide for the capture and disposal of all dogs on which the

2-33 tax is not paid.

2-34 2. Regulate or prohibit the running at large within Carson City

2-35 of all kinds of animals and poultry, establish a pound, appoint a

2-36 poundkeeper and prescribe his duties, distrain and impound

2-37 animals and poultry running at large, and provide for the [sale or

2-38 other] disposition of such animals and poultry. The proceeds

2-39 arising from the [sale] disposition of such animals and poultry ,

2-40 after the payment of all costs, must be deposited in the treasury to

2-41 be disposed of according to law.

2-42 3. Prohibit cruelty to animals.

3-1 Sec. 3. Section 3.010 of the charter of Carson City, being

3-2 chapter 213, Statutes of Nevada 1969, as last amended by chapter

3-3 118, Statutes of Nevada 1985, at page 476, is hereby amended to

3-4 read as follows:

3-5 Sec. 3.010 Mayor: Duties [.] ; salary.

3-6 1. The mayor:

3-7 (a) Shall serve as a member of the board and preside over its

3-8 meetings.

3-9 (b) Is the head of the government of Carson City for all

3-10 ceremonial purposes and for purposes of military law.

3-11 (c) Shall perform such emergency duties as may be necessary

3-12 for the general health, welfare and safety of Carson City.

3-13 (d) Shall perform such other duties as may be prescribed by

3-14 ordinance or by the provisions of Nevada Revised Statutes which

3-15 apply to a mayor or to the chairman of a board of county

3-16 commissioners.

3-17 2. The mayor [shall receive $600 in addition to the annual

3-18 salary provided] is entitled to an annual salary of 130 percent of

3-19 the amount specified in NRS 245.043.

3-20 Sec. 4. Section 3.020 of the charter of Carson City, being chapter 213,

3-21 Statutes of Nevada 1969, as amended by chapter 118, Statutes of Nevada

3-22 1985, at page 476, is hereby amended to read as follows:

3-23 Sec. 3.020 Manager: Appointment; duties [.] ; salary.

3-24 1. The board may appoint a manager who is the chief

3-25 administrative officer of the city. He is responsible for carrying out

3-26 the policy of the board. His duties and salary must be fixed by the

3-27 board.

3-28 2. The manager may appoint such clerical personnel and

3-29 create such administrative [assistants] positions as he considers

3-30 necessary, subject to the review and approval of the board.

3-31 Sec. 5. Section 3.030 of the charter of Carson City, being chapter 213,

3-32 Statutes of Nevada 1969, as last amended by chapter 23, Statutes of

3-33 Nevada 1987, at page 56, is hereby amended to read as follows:

3-34 Sec. 3.030 Clerk: Duties; salary.

3-35 1. The provisions of chapter 246 of NRS apply to the office of

3-36 clerk, except that all deputy clerks other than the two provided for

3-37 in section 2.330 must be appointed pursuant to and are governed by

3-38 the regulations for the merit personnel system.

3-39 2. The clerk shall:

3-40 (a) Keep the corporate seal and all books and papers belonging

3-41 to Carson City.

3-42 (b) Attend all meetings of the board and keep an accurate

3-43 journal of its proceedings, including a record of all ordinances,

3-44 bylaws and resolutions passed or adopted by it. After approval of

4-1 the journal at each meeting of the board, the clerk shall attest the

4-2 journal after it has been signed by the mayor.

4-3 (c) Enter in the journal the results of the vote of the board upon

4-4 the passage of ordinances or of any resolution appropriating

4-5 money, abolishing licenses or increasing or decreasing the rates of

4-6 licenses.

4-7 (d) Act as ex officio recorder. The provisions of chapter 247 of

4-8 NRS apply to the clerk while acting in that capacity, except that all

4-9 deputy recorders other than the two provided for in section 2.330

4-10 must be appointed pursuant to and as governed by the regulations

4-11 for the merit personnel system.

4-12 (e) Serve as public administrator without additional salary. The

4-13 provisions of chapter 253 of NRS apply to the office of clerk while

4-14 performing the duties of public administrator.

4-15 (f) Perform such other duties as may be required by [the board

4-16 or by the] :

4-17 (1) The board; or

4-18 (2) The provisions of Nevada Revised Statutes ,

4-19 which apply to [a county clerk.] county clerks.

4-20 3. The clerk is entitled to an annual salary in the amount

4-21 specified in NRS 245.043. The clerk shall not engage in any other

4-22 business or occupation [.] without the approval of the board.

4-23 Sec. 6. Section 3.045 of the charter of Carson City, being chapter 23,

4-24 Statutes of Nevada 1987, as amended by chapter 535, Statutes of Nevada

4-25 1993, at page 2240, is hereby amended to read as follows:

4-26 Sec. 3.045 Treasurer: Duties; salary.

4-27 1. The provisions of chapter 249 of NRS apply to the office of

4-28 treasurer, except that all deputy treasurers other than the two

4-29 [deputy treasurers] provided for in section 2.330 must be appointed

4-30 pursuant to and are governed by the regulations for the merit

4-31 personnel system.

4-32 2. The treasurer shall:

4-33 (a) Invest all surplus money of Carson City.

4-34 (b) Keep a record of the cash balance and reconcile it with the

4-35 controller’s records monthly.

4-36 (c) Perform such other duties as may be required by [the board

4-37 or by the] :

4-38 (1) The board; or

4-39 (2) The provisions of Nevada Revised Statutes ,

4-40 which apply to county treasurers.

4-41 (d) Establish and maintain a policy for the investment of the

4-42 surplus money of Carson City. The board of supervisors shall

5-1 review the policy at least once each year at a public hearing at

5-2 which public comment is accepted.

5-3 3. The treasurer is entitled to an annual salary in the amount

5-4 specified in NRS 245.043 . [, and] The treasurer shall not engage

5-5 in any other business or occupation [.] without the approval of the

5-6 board.

5-7 Sec. 7. Section 3.050 of the charter of Carson City, being chapter 213,

5-8 Statutes of Nevada 1969, as last amended by chapter 690, Statutes of

5-9 Nevada 1979, at page 1861, is hereby amended to read as follows:

5-10 Sec. 3.050 Assessor: Duties; salary.

5-11 1. The provisions of chapter 250 of NRS apply to the office of

5-12 assessor, except that all deputy assessors other than the two

5-13 provided for in section 2.330 must be appointed pursuant to and are

5-14 governed by the regulations for the merit personnel system.

5-15 2. The assessor shall perform such other duties as may be

5-16 [imposed by the board, or by] required by:

5-17 (a) The board; or

5-18 (b) The provisions of Nevada Revised Statutes ,

5-19 which apply to county assessors.

5-20 3. The assessor is entitled to an annual salary in the amount

5-21 specified in NRS 245.043. The assessor shall not engage in any

5-22 other business or occupation [.] without the approval of the board.

5-23 Sec. 8. Section 3.060 of the charter of Carson City, being chapter 213,

5-24 Statutes of Nevada 1969, as last amended by chapter 690, Statutes of

5-25 Nevada 1979, at page 1861, is hereby amended to read as follows:

5-26 Sec. 3.060 Sheriff: Duties; salary.

5-27 1. The provisions of chapter 248 of NRS apply to the office of

5-28 sheriff, except that all deputy sheriffs except the five described in

5-29 section 2.330 must be appointed pursuant to and are governed by

5-30 the regulations for the merit personnel system.

5-31 2. The sheriff shall:

5-32 (a) Diligently enforce all ordinances of Carson City.

5-33 (b) Perform such other duties as may be [imposed by the board,

5-34 or by] required by:

5-35 (1) The board; or

5-36 (2) The provisions of Nevada Revised Statutes ,

5-37 which apply to county sheriffs.

5-38 3. The sheriff [shall not be] is not answerable upon his official

5-39 bond for the conduct of deputies appointed [under] pursuant to the

5-40 provisions of this charter, but the board may require of such

5-41 deputies such bonds as it may deem proper.

5-42 4. The sheriff is entitled to an annual salary in the amount

5-43 specified in NRS 245.043. The sheriff shall not engage in any other

6-1 business or occupation [.] that creates a conflict between the

6-2 personal interest of the sheriff and his official duty.

6-3 Sec. 9. Section 3.070 of the charter of Carson City, being chapter 213,

6-4 Statutes of Nevada 1969, as last amended by chapter 58, Statutes of

6-5 Nevada 1981, at page 152, is hereby amended to read as follows:

6-6 Sec. 3.070 District attorney: Duties; salary.

6-7 1. The provisions of chapter 252 of NRS apply to the office of

6-8 district attorney for Carson City but:

6-9 (a) All deputy district attorneys serve at the pleasure of the

6-10 district attorney; and

6-11 (b) Deputy district attorneys shall not engage in the private

6-12 practice of law after July 1, 1979.

6-13 2. The district attorney shall perform such other duties as may

6-14 be [imposed by the board or by] required by:

6-15 (a) The board; or

6-16 (b) The provisions of Nevada Revised Statutes ,

6-17 which apply to county district attorneys.

6-18 3. The district attorney may, subject to the approval of the

6-19 board, contract for the services of special deputy district attorneys.

6-20 4. The district attorney is entitled to an annual salary in the

6-21 amount specified in NRS 245.043.

6-22 5. The district attorney shall not engage in any other business

6-23 or occupation.

6-24 Sec. 10. 1. This section and sections 1, 2, and 4 to 9, inclusive, of

6-25 this act become effective on October 1, 1999.

6-26 2. Section 3 of this act becomes effective on January 1, 2001.

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