Assembly Bill No. 202–Assemblymen Bache, Giunchigliani, Perkins, Williams, Berman, Anderson, Buckley, de Braga, Lee, Leslie, Manendo, Mortenson, Parks, Tiffany and Von Tobel

 

February 20, 2001

____________

 

Joint Sponsors: Senators O’Connell, Wiener, Titus,

Schneider and Shaffer

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Revises provisions governing metropolitan police departments. (BDR 22‑47)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

~

 

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

 

AN ACT relating to metropolitan police departments; revising provisions relating to withdrawal from or dissolution of a department; requiring the approval of the voters for withdrawal from or dissolution of a department; 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.  Chapter 280 of NRS is hereby amended by adding thereto

1-2  the provisions set forth as sections 2 to 5, inclusive, of this act.

1-3    Sec. 2.  1.  If a participating political subdivision in a department

1-4  that consists of three or more participating political subdivisions wishes

1-5  to withdraw from the department, the participating political subdivision

1-6  must submit the question of whether the political subdivision should

1-7  withdraw from the department to the registered voters of the political

1-8  subdivision at a general election. The participating political subdivision

1-9  shall give notice of its intent to withdraw to the other participating

1-10  political subdivisions at least 6 months before that general election. If a

1-11  majority of the voters approve the question, the ordinance adopted by the

1-12  participating political subdivision providing for the merger is void on the

1-13  commencement of the fiscal year immediately following the general

1-14  election at which the question of withdrawal is approved.

1-15    2.  If a department consists of:

2-1    (a) Two participating political subdivisions and one of the

2-2  participating political subdivisions determines that it wishes to withdraw;

2-3  or

2-4    (b) Three or more participating political subdivisions and all or all

2-5  except one of the participating political subdivisions determine that they

2-6  wish to withdraw,

2-7  the participating political subdivisions must each submit the question of

2-8  whether the department should be dissolved to the registered voters

2-9  within their jurisdiction at the next general election. If a majority of the

2-10  total votes cast on the question are in favor of the dissolution of the

2-11  department, the ordinances providing for the merger that had been

2-12  adopted by the participating political subdivisions are void on the

2-13  commencement of the fiscal year immediately following the general

2-14  election at which the question of dissolution is approved.

2-15    Sec. 3.  1.  Upon the withdrawal of a participating political

2-16  subdivision from the department, the committee, in cooperation with the

2-17  withdrawing political subdivision, shall determine the employees of the

2-18  department that must be transferred to the law enforcement agency of the

2-19  withdrawing political subdivision.

2-20    2.  Such employees must hold positions of rank and grade

2-21  comparable to their positions with the department before their transfer to

2-22  the withdrawing political subdivision and are entitled to suffer no loss in

2-23  pay, pension, fringe benefits or other job benefits by reason of the

2-24  transfer.

2-25    3.  Sick leave, longevity and vacation time accrued to such employees

2-26  in the service of the department must be credited to them as employees of

2-27  the law enforcement agency of the withdrawing political subdivision. All

2-28  rights and accruals of such employees as members of the public

2-29  employees’ retirement system pursuant to the Public Employees’

2-30  Retirement Act remain in force and must be automatically transferred

2-31  from the department to the law enforcement agency of the withdrawing

2-32  political subdivision.

2-33    4.  The duties and responsibilities of such employees must not be

2-34  diminished by reason of their transfer to the withdrawing political

2-35  subdivision, but their area and division of assignment may be changed at

2-36  the discretion of the chief law enforcement officer of the law

2-37  enforcement agency of the withdrawing political subdivision.

2-38    Sec. 4.  1.  Upon the dissolution of a department, employees of the

2-39  department may, at the discretion of the employee, obtain employment

2-40  with the political subdivision in the boundaries of which the employee

2-41  had performed the majority of his duties for the department during the

2-42  fiscal year immediately preceding dissolution.

2-43    2.  Such employees must hold positions of rank and grade

2-44  comparable to their positions before dissolution and are entitled to suffer

2-45  no loss in pay, pension, fringe benefits or other job benefits by reason of

2-46  the dissolution.

3-1    3.  Sick leave, longevity and vacation time accrued to such employees

3-2  in the service of the department must be credited to them as employees of

3-3  the law enforcement agencies of the political subdivisions participating

3-4  in the department at the time of dissolution. All rights and accruals of

3-5  such employees as members of the public employees’ retirement system

3-6  pursuant to the Public Employees’ Retirement Act remain in force and

3-7  must be automatically transferred from the department to such law

3-8  enforcement agencies.

3-9    4.  The duties and responsibilities of such employees must not be

3-10  diminished by reason of the dissolution, but their area and division of

3-11  assignment may be changed at the discretion of chief law enforcement

3-12  officers of the law enforcement agencies of the political subdivisions to

3-13  which the employees are transferred upon dissolution.

3-14    Sec. 5.  1.  Any contract, franchise or other agreement into which a

3-15  department enters after merger for goods or services is subject to

3-16  rescission by either party if one or more of the participating political

3-17  subdivisions withdraw from the department or the department is

3-18  dissolved.

3-19    2.  A valid claim against a department arising from law enforcement

3-20  activity is not diminished or altered by reason of the dissolution of the

3-21  department. The participating political subdivisions at the time of

3-22  dissolution are liable for any claims resulting from any pending action or

3-23  proceeding which involves any debt, demand, liability or obligation or

3-24  which has been brought by or against the department after the merger,

3-25  irrespective of the nature of such matter in litigation.

3-26    Sec. 6.  NRS 280.110 is hereby amended to read as follows:

3-27    280.110  1.  The board of county commissioners of any county and

3-28  the governing body of any city or cities located in the county may merge

3-29  their respective law enforcement agencies into one metropolitan police

3-30  department. To do so, the board of county commissioners of the

3-31  participating county and the governing body of each participating city must

3-32  each adopt an ordinance providing for the merger. Except with respect to

3-33  an ordinance providing for the reorganization of an existing department

3-34  pursuant to the provisions of this chapter, any ordinance providing for a

3-35  merger must be adopted and become effective on or before November 30

3-36  in the year preceding the commencement of the fiscal year in which the

3-37  merger is to occur.

3-38    2.  [Any participating political subdivision may withdraw from the

3-39  metropolitan police department by repealing the ordinance providing for

3-40  the merger. The withdrawal must be effective at the beginning of a fiscal

3-41  year and notice must be given to all other participating political

3-42  subdivisions at least 6 months in advance of that date.

3-43    3.] If the act or charter under which a participating city is organized

3-44  provides for the appointment of a chief of police and his duties of law

3-45  enforcement and the governing body of the city adopts an ordinance for the

3-46  merger authorized by this section:

3-47    (a) The charter provision for appointment of a chief of police shall be

3-48  deemed superseded as long as the ordinance providing for a merger of the

3-49  police department of the participating city remains in effect.

4-1    (b) The duties of law enforcement vested in the law enforcement

4-2  agencies designated in the merger, devolve upon the metropolitan police

4-3  department, except the duty to construct, maintain or operate any county or

4-4  city jail or detention facility.

4-5    [4.] 3. Any nonparticipating city may, by adopting an ordinance

4-6  providing for a merger, merge its law enforcement agency into an existing

4-7  metropolitan police department with the unanimous consent of the

4-8  committee and subject to such rules and regulations as the committee may

4-9  adopt which are consistent with the provisions of this chapter.

4-10    Sec. 7.  NRS 280.220 is hereby amended to read as follows:

4-11    280.220  1.  Upon merger, the county auditor or county comptroller of

4-12  a county which has a department shall:

4-13    [1.] (a) Create in the county treasury one or more funds and accounts

4-14  within those funds, pursuant to the provisions of NRS 354.470 to 354.626,

4-15  inclusive, as the department may request, for the exclusive use of the

4-16  department.

4-17    [2.] (b) Receive all money from the county, participating cities and any

4-18  other source on behalf of the department and deposit the money in the

4-19  appropriate department fund.

4-20    [3.] (c) Receive all money collected by the department for any purpose,

4-21  except criminal and civil fines, and deposit the money in the appropriate

4-22  department fund.

4-23    [4.] (d) Issue warrants against a department fund in the manner

4-24  provided in this chapter.

4-25    [5.] (e) Credit any interest earned on money held in a department fund

4-26  to any such fund designated by the department.

4-27    [6.] (f) Retain in each department fund any balances remaining at the

4-28  end of each fiscal year.

4-29    2.  Within 30 days after the effective date of the withdrawal of a

4-30  participating political subdivision from the department, the county

4-31  auditor or county comptroller shall issue a warrant to pay to the

4-32  withdrawing political subdivision any money held in a department fund

4-33  that is attributable to the withdrawing political subdivision based on the

4-34  proportion that the total budgetary contribution of the withdrawing

4-35  political subdivision to the department bears to the total budgetary

4-36  contributions of all the participating political subdivisions to the

4-37  department since the time of merger.

4-38    3.  Within 30 days after the effective date of the dissolution of the

4-39  department, the county auditor or county comptroller shall disburse any

4-40  money held in a department fund to the participating political

4-41  subdivisions at the time of dissolution based on the proportion that the

4-42  total budgetary contribution of each participating political subdivision to

4-43  the department bears to the total budgetary contributions of all the

4-44  participating political subdivisions to the department since the time of

4-45  merger.

4-46    Sec. 8.  NRS 280.262 is hereby amended to read as follows:

4-47    280.262  1.  In each county in which a metropolitan police department

4-48  is established, there is hereby created a taxing district consisting of:

5-1    [1.] (a) The area within the boundaries of each incorporated city which

5-2  participates in the department; and

5-3    [2.] (b) The area of the county outside the boundaries of any

5-4  incorporated city.

5-5    2.  The boundary of the taxing district must not be altered or

5-6  abolished as a result of the withdrawal of a participating political

5-7  subdivision from the department or the dissolution of the department in

5-8  such a manner as to impair any outstanding bonds or other obligations

5-9  that are payable from or secured by a pledge of a tax imposed in the

5-10  taxing district until those bonds or other obligations have been

5-11  discharged in full.

5-12    Sec. 9.  NRS 280.264 is hereby amended to read as follows:

5-13    280.264  1.  The committee may, with the consent of the governing

5-14  body of the county and each participating city, borrow money from time to

5-15  time as general obligations to construct buildings or improve property used

5-16  by the department, except a county or city jail or detention facility. For this

5-17  purpose, the committee is a “governing body” within the meaning of NRS

5-18  350.524.

5-19    2.  If general obligations are issued pursuant to this section, the

5-20  committee shall determine the amount required in each fiscal year to pay

5-21  the interest and required installments of principal, and report this amount to

5-22  the Nevada tax commission as the budgets of local governments are

5-23  reported, for the levy of the requisite tax on all taxable property within the

5-24  taxing district.

5-25    3.  For the purposes of any debt limitation of a county or city,

5-26  obligations issued pursuant to this section shall be deemed to be the

5-27  respective general obligations of the county and each of the cities in the

5-28  same proportion as the percentage of the department’s expenses paid by the

5-29  county and each of the cities pursuant to the formula in effect at the time

5-30  the obligations are issued.

5-31    4.  If a participating political subdivision withdraws from the

5-32  department, the withdrawing political subdivision becomes liable for the

5-33  proportion of the indebtedness for the general obligations issued

5-34  pursuant to this section that is attributable to the withdrawing political

5-35  subdivision based on the percentage of the department’s expenses paid by

5-36  the withdrawing political subdivision pursuant to the formula in effect at

5-37  the time the general obligations were issued.

5-38    5.  Each participating political subdivision at the time of dissolution

5-39  becomes liable for the proportion of the indebtedness for the general

5-40  obligations issued pursuant to this section that is attributable to each

5-41  participating political subdivision based on the percentage of the

5-42  department’s expenses paid by each participating political subdivision

5-43  pursuant to the formula in effect at the time the general obligations were

5-44  issued.

5-45    Sec. 10.  NRS 280.266 is hereby amended to read as follows:

5-46    280.266  1.  Upon the adoption of a resolution pursuant to NRS

5-47  350.087, the committee may issue a medium-term obligation to purchase

5-48  capital equipment or enter into a lease-purchase agreement for capital

5-49  equipment.

6-1    2.  The committee is not required to comply with the provisions of

6-2  NRS 350.089 if it issues a medium-term obligation for a lease-purchase

6-3  agreement for capital equipment.

6-4    3.  If a participating political subdivision withdraws from the

6-5  department, the withdrawing political subdivision becomes liable for the

6-6  proportion of the indebtedness for the medium-term obligations issued

6-7  pursuant to this section that is attributable to the withdrawing political

6-8  subdivision based on the percentage of the department’s expenses paid by

6-9  the withdrawing political subdivision pursuant to the formula in effect at

6-10  the time the medium-term obligations were issued.

6-11    4.  Each participating political subdivision at the time of dissolution

6-12  becomes liable for the proportion of the indebtedness for the medium-

6-13  term obligations issued pursuant to this section that is attributable to

6-14  each participating political subdivision based on the percentage of the

6-15  department’s expenses paid by each participating political subdivision

6-16  pursuant to the formula in effect at the time the medium-term obligations

6-17  were issued.

6-18    Sec. 11.  NRS 280.340 is hereby amended to read as follows:

6-19    280.340  1.  Upon merger, the title to and possession of all personal

6-20  property which is:

6-21    (a) Owned or held by, or in trust for, any of the participating political

6-22  subdivisions, or by their officers or agencies in trust for public use; and

6-23    (b) Exclusively devoted at the time of merger to the purposes of law

6-24  enforcement,

6-25  shall be vested in and transferred to the department.

6-26    2.  Property which is required to be transferred under the provisions of

6-27  this section must be inventoried and appraised before the transfer in a

6-28  manner which satisfies the accounting requirements of each participating

6-29  political subdivision, in order that values may be determined as of the date

6-30  of transfer.

6-31    3.  The department shall hold title to all personal property it acquires

6-32  after the time of merger.

6-33    4.  To acquire personal property, the department may, upon the

6-34  approval of the committee and by the unanimous vote of the members of

6-35  the governing body of each participating political subdivision, issue

6-36  negotiable notes in the amount of the purchase price thereof, which:

6-37    (a) Mature not later than 5 years from the date of issuance; and

6-38    (b) Bear interest at a rate not to exceed 12 percent per annum.

6-39    5.  Each participating political subdivision shall provide in its annual

6-40  budget for the payment of the principal and interest on the negotiable notes

6-41  according to the funding apportionment plan established pursuant to NRS

6-42  280.201 for the fiscal year in which the negotiable notes were issued.

6-43    6.  If the withdrawal of a participating political subdivision [gives

6-44  notice of its intention to withdraw] from the department[,] is approved

6-45  pursuant to section 2 of this act, any personal property held by, for the use

6-46  and benefit of , or in trust for the department must be immediately

6-47  inventoried and appraised. The withdrawing political subdivision is entitled

6-48  to receive , on the effective date of the withdrawal, its share of the value of

7-1  the personal property, in cash or in kind, or both, or in such other manner

7-2  as determined by the committee, based upon the average of:

7-3    (a) The proportion that its total contribution of personal property to the

7-4  department bears to the total contributions of personal property of all

7-5  participating political subdivisions since the time of merger; and

7-6    (b) The proportion that its total budgetary contribution to the

7-7  department bears to the total budgetary contributions of all participating

7-8  political subdivisions since the time of merger.

7-9    7.  If the dissolution of the department is approved pursuant to

7-10  section 2 of this act, any personal property held by, for the use and

7-11  benefit of, or in trust for the department must be immediately inventoried

7-12  and appraised. Each participating political subdivision at the time of

7-13  dissolution is entitled to receive, on the effective date of the dissolution,

7-14  its share of the value of the personal property, in cash or in kind, or both,

7-15  based upon the average of:

7-16    (a) The proportion that its total contribution of personal property to

7-17  the department bears to the total contributions of personal property of all

7-18  participating political subdivisions to the department since the effective

7-19  date of the merger; and

7-20    (b) The proportion that its total budgetary contribution to the

7-21  department bears to the total budgetary contributions of all participating

7-22  political subdivisions to the department since the effective date of the

7-23  merger.

7-24    8.  Upon the effective date of the withdrawal from the department, a

7-25  withdrawing political subdivision becomes obligated for the payment of its

7-26  share of the unpaid balance of any negotiable note issued by the

7-27  department pursuant to subsection 4, determined in accordance with the

7-28  funding apportionment plan established pursuant to NRS 280.201 for the

7-29  fiscal year in which the negotiable note was issued. The department[, or if

7-30  there are only two participating political subdivisions before the effective

7-31  date of the withdrawal the other political subdivision,] becomes obligated

7-32  for the payment of the remainder of the unpaid balance.

7-33    9.  Upon the effective date of the dissolution of the department, each

7-34  participating political subdivision at the time of dissolution becomes

7-35  obligated for the payment of its share of the unpaid balance of any

7-36  negotiable note issued by the department pursuant to subsection 4 in the

7-37  proportion that its total budgetary contribution to the department during

7-38  the fiscal year or years in which the personal property was acquired

7-39  bears to the total budgetary contributions of all participating political

7-40  subdivisions to the department during that period.

7-41    Sec. 12.  NRS 280.350 is hereby amended to read as follows:

7-42    280.350  1.  Upon merger, the department may possess all real

7-43  property owned or held by any of the participating political subdivisions

7-44  for the purposes of law enforcement at the time of adoption of the

7-45  ordinance providing for the merger.

7-46    2.  Upon a showing of good cause and a majority vote of the

7-47  committee, the political subdivision which holds title to property:

7-48    (a) Owned or held for the purposes of law enforcement at the time of

7-49  adoption of the ordinance providing for the merger; or

8-1    (b) Acquired for the use and benefit of or in trust for the department

8-2  after the merger,

8-3  may repossess the property for public use if the department no longer needs

8-4  it for the purposes of law enforcement.

8-5    3.  The maintenance costs for any real property held for the use and

8-6  benefit of or in trust for a department must be paid by the department.

8-7    4.  The department may, upon the approval of the committee, lease or

8-8  rent real property for the purposes of law enforcement.

8-9    5.  If the withdrawal of a participating political subdivision [gives

8-10  notice of its intention to withdraw] from the department[:] is approved

8-11  pursuant to section 2 of this act:

8-12    (a) The right to possess any real property, the possession of which

8-13  passed to the department by operation of this section and the title to which

8-14  remains in the withdrawing political subdivision, reverts to the

8-15  withdrawing political subdivision upon the effective date of the

8-16  withdrawal.

8-17    (b) Real property which was acquired for the use and benefit of or in

8-18  trust for the department after the merger must immediately be inventoried

8-19  and appraised. The withdrawing political subdivision is entitled to receive ,

8-20  on the effective date of the withdrawal, its share of the value of each

8-21  parcel of real property, with improvements thereon, in cash or in kind, or

8-22  both, or in such other manner as determined by the committee, in the

8-23  proportion that its total budgetary contribution to the department during the

8-24  fiscal year or years in which the parcel was acquired and improved bears to

8-25  the total budgetary contributions of all participating political subdivisions

8-26  during that time.

8-27    6.  If the dissolution of the department is approved pursuant to

8-28  section 2 of this act:

8-29    (a) The right to possess any real property, the possession of which was

8-30  passed to the department by operation of this section and the title to

8-31  which remains in a participating political subdivision, reverts to that

8-32  political subdivision on the effective date of the dissolution.

8-33    (b) Real property that was acquired for the use and benefit of or in

8-34  trust for the department after the effective date of the merger must

8-35  immediately be inventoried and appraised. Each participating political

8-36  subdivision at the time of dissolution is entitled to receive, on the effective

8-37  date of the dissolution, its share of the value of each such parcel of real

8-38  property and any improvements on that property, in cash or in kind, or

8-39  both, in the proportion that its total budgetary contribution to the

8-40  department during the fiscal year or years in which the parcel was

8-41  acquired and improved bears to the total budgetary contributions of all

8-42  participating political subdivisions to the department during that period.

 

8-43  H