Senate Bill No. 215–Committee on Government Affairs

(On Behalf of City of Sparks)

February 18, 1999

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Referred to Committee on Government Affairs

 

SUMMARY—Makes various changes to charter of City of Sparks. (BDR S-349)

FISCAL NOTE: Effect on Local Government: No.

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 City of Sparks; making various changes to the charter of the City of Sparks; 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. Section 2.040 of the charter of the City of Sparks, being

1-2 chapter 470, Statutes of Nevada 1975, as amended by chapter 450, Statutes

1-3 of Nevada 1985, at page 1313, is hereby amended to read as follows:

1-4 Sec. 2.040 Proceedings; participation of citizens.

1-5 1. The city council may adopt rules for the conduct of its

1-6 proceedings.

1-7 2. Any person, personally or through counsel, may present

1-8 grievances or offer suggestions for the improvement of municipal

1-9 affairs at any regular meeting of the [counsel.] council.

1-10 Sec. 2. Section 9.020 of the charter of the City of Sparks, being

1-11 chapter 470, Statutes of Nevada 1975, as last amended by chapter 350,

1-12 Statutes of Nevada 1987, at page 791, is hereby amended to read as

1-13 follows:

1-14 Sec. 9.020 Civil service commission: Regulations.

1-15 1. The civil service commission shall adopt regulations,

1-16 consistent with the provisions of this article, to govern the selection

1-17 and appointment of all employees of the city within the provisions

2-1 of this article. The regulations must be designed to secure the best

2-2 service for the public.

2-3 2. The regulations must provide for:

2-4 (a) Ascertaining the qualifications and experience of all

2-5 applicants;

2-6 (b) Recruitment, examination and placement of applicants;

2-7 (c) Proceedings for discipline, removal and promotion of

2-8 employees;

2-9 (d) Classification of positions;

2-10 (e) Probationary appointments , for which the period of

2-11 probation [may] must not exceed 1 year [;] for general employees

2-12 and 18 months for sworn employees of the police department and

2-13 the fire suppression division of the fire department;

2-14 (f) A procedure to confirm employees as classified employees;

2-15 (g) Any emergency, temporary or provisional appointments [it]

2-16 the commission considers necessary; and

2-17 (h) Such other matters as the commission considers necessary.

2-18 3. A copy of all regulations [made] adopted by the commission

2-19 and all [changes to them] amendments thereto must be filed in the

2-20 office of the city clerk.

2-21 4. The commission shall cause the regulations adopted, and all

2-22 [changes to them] amendments thereto, to be printed or otherwise

2-23 reproduced and distributed as [they consider] the commission

2-24 considers necessary. The expense thereof must be certified by the

2-25 commission and paid by the city.

2-26 5. All appointments, promotions and disciplinary actions in any

2-27 department of the city within the provisions of this article [,] must

2-28 be made in accordance with the regulations of the commission.

2-29 Sec. 3. Section 9.040 of the charter of the City of Sparks, being

2-30 chapter 470, Statutes of Nevada 1975, as amended by chapter 450, Statutes

2-31 of Nevada 1985, at page 1322, is hereby amended to read as follows:

2-32 Sec. 9.040 Examinations.

2-33 1. The civil service commission shall conduct examinations for

2-34 employment with the city and prepare a list of eligible applicants.

2-35 [The examinations] An examination must be:

2-36 (a) Competitive;

2-37 (b) Open to all applicants who meet the announced minimum

2-38 requirements, unless restricted by the commission to employees

2-39 holding positions in a lower classification;

2-40 (c) Publicized in advance; and

2-41 (d) Practical and test fairly the ability of each applicant to

2-42 perform the duties of the position for which the [test] examination

2-43 is given.

3-1 2. The examination may include tests of physical ability if

3-2 required for the position for which the [test] examination is given.

3-3 3. The commission may provide by regulation that additional

3-4 points be given on an examination to an applicant who has been

3-5 employed in a temporary capacity in the position for which the

3-6 examination is given.

3-7 4. The commission must give due regard to the experience of

3-8 each candidate in the department in which he is seeking promotion.

3-9 [4.] 5. All examinations must be given under the control of the

3-10 commission.

3-11 Sec. 4. Section 9.065 of the charter of the City of Sparks, being

3-12 chapter 450, Statutes of Nevada 1985, as amended by chapter 350, Statutes

3-13 of Nevada 1987, at page 792, is hereby amended to read as follows:

3-14 Sec. 9.065 Vacancies; promotional examinations.

3-15 1. Vacancies in positions must, if consistent with the best

3-16 interests of the city, be filled by employees holding positions in

3-17 lower classes. Lists of employees eligible for promotion must be

3-18 established for this purpose.

3-19 2. Examinations may be held for applicants to be appointed to

3-20 the civil service and for applicants who are not eligible for

3-21 promotion, if open competition, in the judgment of the civil service

3-22 commission, produces a list of applicants who are more highly

3-23 skilled and qualified and is in the best interests of the city.

3-24 Examinations may also be both open and for employees who are

3-25 eligible for promotion.

3-26 3. The [civil service] commission may restrict examinations for

3-27 promotion to employees of a single department or division,

3-28 employees of several specified departments or divisions within a

3-29 department, or all employees.

3-30 4. The commission shall restrict examinations for a vacant

3-31 position to employees of the department or division in which the

3-32 vacancy exists if the head of the department requests such a

3-33 restriction and the commission determines that an employee of the

3-34 department or division is eligible for promotion to the position.

3-35 5. Examinations for promotion [in the fire and police

3-36 departments] for sworn employees of the police department and

3-37 the fire suppression division of the fire department must be

3-38 restricted to employees of [those departments,] the police

3-39 department or fire suppression division, respectively, unless fewer

3-40 than three employees are eligible for promotion.

4-1 Sec. 5. Section 9.100 of the charter of the City of Sparks, being

4-2 chapter 470, Statutes of Nevada 1975, as last amended by chapter 169,

4-3 Statutes of Nevada 1997, at page 449, is hereby amended to read as

4-4 follows:

4-5 Sec. 9.100 Dismissals, demotions and suspensions.

4-6 1. The city manager or his designated representative may

4-7 suspend without pay for a period not to exceed [30] 45 calendar

4-8 days, dismiss or demote a classified employee pursuant to

4-9 regulations adopted by the civil service commission.

4-10 2. Before a classified employee may be notified that he is being

4-11 dismissed pursuant to subsection 3, the city manager or his

4-12 designated representative must provide the employee with:

4-13 (a) Written notice of the reasons for which the city manager is

4-14 considering his dismissal; and

4-15 (b) An opportunity to respond to the reasons for dismissal before

4-16 the city manager or his designated representative.

4-17 3. A dismissal, involuntary demotion or suspension does not

4-18 become effective until the employee is notified in writing of the

4-19 action and the reasons therefor. The notice [may] must be delivered

4-20 personally to the employee or mailed to him at his last known

4-21 address by registered or certified mail, return receipt requested. The

4-22 effective date of the dismissal, involuntary demotion or suspension

4-23 is the date of delivery of the notice or, if the notice is mailed and

4-24 subsequently returned to the sender, 3 days after mailing.

4-25 Sec. 6. Section 9.105 of the charter of the City of Sparks, being

4-26 chapter 350, Statutes of Nevada 1987, at page 788, is hereby amended to

4-27 read as follows:

4-28 Sec. 9.105 Hearing to determine reasonableness of dismissal,

4-29 demotion or suspension; judicial review.

4-30 1. [Within] Except as otherwise provided in subsection 2,

4-31 within 10 working days after the effective date of a dismissal,

4-32 demotion or suspension pursuant to section 9.100, an employee who

4-33 has been dismissed, demoted or suspended may file a request in

4-34 writing with the civil service commission for a hearing to determine

4-35 the reasonableness of the action.

4-36 2. An employee who elects to use an available grievance

4-37 procedure shall be deemed to have waived his right to a hearing

4-38 before the commission pursuant to subsection 1.

4-39 3. The commission shall grant the employee a hearing within

4-40 20 working days after receipt of the employee’s written request

4-41 unless the time limitation is waived, in writing, by the employee at

4-42 the time the request is filed, or there is a conflict with the hearing

4-43 calendar of the commission or its hearing officers. If a hearing is

5-1 not held within 20 days, it must be scheduled for the earliest

5-2 possible date. The date for a hearing may not be vacated or the

5-3 hearing continued except for good cause.

5-4 [3.] 4. The commission may appoint a hearing officer to

5-5 conduct or assist in conducting a hearing. The commission may

5-6 delegate to the hearing officer such authority as the commission

5-7 deems appropriate.

5-8 [4.] 5. Technical rules of evidence do not apply at the hearing.

5-9 [5.] 6. All testimony at the hearing must be recorded or

5-10 reported by a shorthand reporter certified pursuant to chapter 656 of

5-11 NRS, and may be transcribed, if necessary, for the deliberation of

5-12 the commission or a hearing officer, or for an appeal to the district

5-13 court. The cost of a transcript ordered by the commission or a

5-14 hearing officer must be paid by the city.

5-15 [6.] 7. Unless the parties stipulate otherwise, the commission or

5-16 hearing officer shall render a decision in writing, setting forth the

5-17 reasons therefor, within 30 days after the hearing.

5-18 [7.] 8. If the commission or hearing officer determines that the

5-19 dismissal, demotion or suspension was without just cause, the action

5-20 must be set aside and the employee must be reinstated, with full pay

5-21 for the period of dismissal, demotion or suspension.

5-22 [8.] 9. The decision of the commission or hearing officer is

5-23 binding on the parties.

5-24 [9.] 10. Any petition for judicial review of the decision of the

5-25 commission or hearing officer must be filed within 30 days after

5-26 service of the decision.

5-27 Sec. 7. Section 10.020 of the charter of the City of Sparks, being

5-28 chapter 470, Statutes of Nevada 1975, at page 745, is hereby amended to

5-29 read as follows:

5-30 Sec. 10.020 Severability of provisions. If any portion of this

5-31 charter is held to be unconstitutional or invalid for any reason by

5-32 the decision of any court of competent jurisdiction, [such decision

5-33 shall not affect] the validity of the remaining [portion] portions of

5-34 this charter [.] is not affected by the decision. The legislature

5-35 hereby declares that it would have passed [the] this charter and each

5-36 portion thereof, irrespective of the portion which may be [deemed]

5-37 held unconstitutional or otherwise invalid.

5-38 Sec. 8. This act becomes effective upon passage and approval.

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