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).

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.

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

1-10 Sec. 2. Section 9.040 of the charter of the City of Sparks, being

1-11 chapter 470, Statutes of Nevada 1975, as amended by chapter 450, Statutes

1-12 of Nevada 1985, at page 1322, is hereby amended to read as follows:

1-13 Sec. 9.040 Examinations.

1-17 (a) Competitive;

2-1 (b) Open to all applicants who meet the announced minimum

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

2-3 holding positions in a lower classification;

2-4 (c) Publicized in advance; and

2-5 (d) Practical and test fairly the ability of each applicant to

2-6 perform the duties of the position for which the [test] examination

2-7 is given.

2-8 2. The examination may include tests of physical ability if

2-9 required for the position for which the [test] examination is given.

2-10 3. The commission may provide by regulation that additional

2-11 points be given on an examination to an applicant who has been

2-12 employed in a temporary capacity in the position for which the

2-13 examination is given.

2-14 4. The commission must give due regard to the experience of

2-15 each candidate in the department in which he is seeking promotion.

2-16 [4.] 5. All examinations must be given under the control of the

2-17 commission.

2-18 Sec. 3. Section 9.065 of the charter of the City of Sparks, being

2-19 chapter 450, Statutes of Nevada 1985, as amended by chapter 350, Statutes

2-20 of Nevada 1987, at page 792, is hereby amended to read as follows:

2-21 Sec. 9.065 Vacancies; promotional examinations.

3-1 5. Examinations for promotion [in the fire and police

3-2 departments] for sworn employees of the police department and

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

3-4 restricted to employees of [those departments,] the police

3-5 department or fire suppression division, respectively, unless fewer

3-6 than three employees are eligible for promotion.

3-7 Sec. 4. Section 9.100 of the charter of the City of Sparks, being

3-8 chapter 470, Statutes of Nevada 1975, as last amended by chapter 169,

3-9 Statutes of Nevada 1997, at page 449, is hereby amended to read as

3-10 follows:

3-11 Sec. 9.100 Dismissals, demotions and suspensions.

3-30 subsequently returned to the sender, 3 days after mailing.

3-31 Sec. 5. Section 9.105 of the charter of the City of Sparks, being

3-32 chapter 350, Statutes of Nevada 1987, at page 788, is hereby amended to

3-33 read as follows:

3-34 Sec. 9.105 Hearing to determine reasonableness of dismissal,

3-41 the reasonableness of the action.

4-1 2. An employee who elects to use an available grievance

4-2 procedure shall be deemed to have waived his right to a hearing

4-3 before the commission pursuant to subsection 1.

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

4-5 20 working days after receipt of the employee’s written request

4-6 unless the time limitation is waived, in writing, by the employee at

4-7 the time the request is filed, or there is a conflict with the hearing

4-8 calendar of the commission or its hearing officers. If a hearing is

4-9 not held within 20 days, it must be scheduled for the earliest

4-10 possible date. The date for a hearing may not be vacated or the

4-11 hearing continued except for good cause.

4-12 [3.] 4. The commission may appoint a hearing officer to

4-13 conduct or assist in conducting a hearing. The commission may

4-14 delegate to the hearing officer such authority as the commission

4-15 deems appropriate.

4-16 [4.] 5. Technical rules of evidence do not apply at the hearing.

4-17 [5.] 6. All testimony at the hearing must be recorded or

4-18 reported by a shorthand reporter certified pursuant to chapter 656 of

4-19 NRS, and may be transcribed, if necessary, for the deliberation of

4-20 the commission or a hearing officer, or for an appeal to the district

4-21 court. The cost of a transcript ordered by the commission or a

4-22 hearing officer must be paid by the city.

4-23 [6.] 7. Unless the parties stipulate otherwise, the commission or

4-24 hearing officer shall render a decision in writing, setting forth the

4-25 reasons therefor, within 30 days after the hearing.

4-26 [7.] 8. If the commission or hearing officer determines that the

4-27 dismissal, demotion or suspension was without just cause, the action

4-28 must be set aside and the employee must be reinstated, with full pay

4-29 for the period of dismissal, demotion or suspension.

4-30 [8.] 9. The decision of the commission or hearing officer is

4-31 binding on the parties.

4-32 [9.] 10. Any petition for judicial review of the decision of the

4-33 commission or hearing officer must be filed within 30 days after

4-34 service of the decision.

4-35 Sec. 6. Section 10.020 of the charter of the City of Sparks, being

4-36 chapter 470, Statutes of Nevada 1975, at page 745, is hereby amended to

4-37 read as follows:

4-38 Sec. 10.020 Severability of provisions. If any portion of this

4-39 charter is held to be unconstitutional or invalid for any reason by

4-40 the decision of any court of competent jurisdiction, [such decision

4-41 shall not affect] the validity of the remaining [portion] portions of

5-1 this charter [.] is not affected by the decision. The legislature

5-2 hereby declares that it would have passed [the] this charter and each

5-3 portion thereof, irrespective of the portion which may be [deemed]

5-4 held unconstitutional or otherwise invalid.

5-5 Sec. 7. This act becomes effective upon passage and approval.