Assembly Bill No. 285–Assemblymen Parnell, Bache, Smith, Gibbons, Koivisto, McClain, Oceguera and Parks

 

March 6, 2001

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Provides for appeal of decision of appointing authority regarding use of catastrophic leave by state employee. (BDR 23‑438)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: Yes.

 

~

 

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

 

AN ACT relating to the state personnel system; creating the committee on catastrophic leave to hear appeals from decisions of appointing authorities regarding the use of such leave; prescribing the powers and duties of the committee; 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 284 of NRS is hereby amended by adding thereto

1-2  the provisions set forth as sections 2, 3 and 4 of this act.

1-3    Sec. 2.  1.  There is hereby created within the department the

1-4  committee on catastrophic leave composed of five members appointed by

1-5  the governor.

1-6    2.  The committee must be composed of:

1-7    (a) Three members who are executive officers of state agencies; and

1-8    (b) Two members who are representatives of labor.

1-9    3.  The members of the committee serve at the pleasure of the

1-10  governor.

1-11    4.  After the initial terms, each member of the committee serves for a

1-12  term of 3 years. Each member of the committee continues in office until

1-13  his successor is appointed. Any member of the committee may be

1-14  reappointed.

1-15    5.  A vacancy in the membership of the committee must be filled in

1-16  the same manner as the original appointment for the remainder of the

1-17  unexpired term.

1-18    6.  The members of the committee serve without compensation, except

1-19  that the members are entitled to receive the per diem allowance and

1-20  travel expenses provided for state officers and employees generally while

1-21  engaged in the official business of the committee.

2-1    Sec. 3.  1.  The members of the committee shall elect a chairman

2-2  and vice chairman from among their members. After the initial election,

2-3  the chairman and vice chairman serve in the office for a term of 1 year

2-4  beginning on July 1 of each year. If a vacancy occurs in the

2-5  chairmanship or vice chairmanship, the members of the committee shall

2-6  elect a chairman or vice chairman from among their members to serve

2-7  for the remainder of the unexpired term.

2-8    2.  Any three members of the committee constitute a quorum, and a

2-9  majority vote of the quorum is required to take action with respect to any

2-10  matter.

2-11    3.  The committee shall adopt:

2-12    (a) Rules for its own management; and

2-13    (b) Such rules of practice and procedure as are necessary to carry out

2-14  its duties.

2-15    4.  The committee shall hold such hearings as are necessary to carry

2-16  out the provisions of section 4 of this act.

2-17    5.  The director or his designee shall act as the nonvoting recording

2-18  secretary of the committee.

2-19    Sec. 4.  1.  An employee aggrieved by any decision of an appointing

2-20  authority made pursuant to NRS 284.362 to 284.3626, inclusive, may

2-21  appeal from the decision by filing a written notice of appeal with the

2-22  committee within 10 days after the date of the decision.

2-23    2.  The committee shall:

2-24    (a) Within 5 days after receiving a notice of appeal, schedule a

2-25  hearing on the merits of the appeal for a date not later than 20 days after

2-26  its receipt of the notice.

2-27    (b) Cause notice of the date and time of the hearing to be given to the

2-28  employee and the appointing authority by mail or by personal service.

2-29    (c) Conduct the hearing expeditiously and informally. Technical rules

2-30  of evidence do not apply at the hearing.

2-31    3.  The employee may file a written request with the committee to give

2-32  preference in scheduling the hearing. The request must set forth facts

2-33  showing that the seriousness of the alleged catastrophe requires an

2-34  expedited appeal.

2-35    4.  The employee may represent himself at the hearing or be

2-36  represented by an attorney or other person of the employee’s own

2-37  choosing.

2-38    5.  The committee shall:

2-39    (a) Render a decision in writing within 10 days after the hearing,

2-40  setting forth the reasons therefor.

2-41    (b) Cause notice of the decision to be given to the employee and the

2-42  appointing authority by mail or by personal service.

2-43    6.  The decision of the committee is final and is not subject to judicial

2-44  review or the procedure for the adjustment of grievances pursuant to

2-45  NRS 284.384.

2-46    7.  A meeting or hearing held by the committee to carry out the

2-47  provisions of this section and the committee’s deliberations on the

2-48  information or evidence received are not subject to any provision of

2-49  chapter 241 of NRS.

3-1    Sec. 5.  NRS 284.362 is hereby amended to read as follows:

3-2    284.362  1.  As used in NRS 284.362 to 284.3626, inclusive,

3-3  [“catastrophe” means:

3-4    1.] and sections 2, 3 and 4 of this act:

3-5    (a) “Catastrophe” means:

3-6       (1) The employee is unable to perform the duties of his position

3-7  because of a serious illness or accident which is life threatening or which

3-8  will require a lengthy convalescence;

3-9    [2.] (2) There is a serious illness or accident which is life threatening or

3-10  which will require a lengthy convalescence in the employee’s immediate

3-11  family; or

3-12    [3.] (3) There is a death in the employee’s immediate family.

3-13    (b) “Committee” means the committee on catastrophic leave created

3-14  pursuant to section 2 of this act.

3-15    2.  The commission shall adopt regulations further defining

3-16  “catastrophe” to ensure that the term is limited to serious calamities.

3-17    Sec. 6.  NRS 284.3623 is hereby amended to read as follows:

3-18    284.3623  [1.] The appointing authority may approve the transfer of a

3-19  specified number of hours of leave from the account for catastrophic leave

3-20  to the account of any employee who the appointing authority determines is

3-21  eligible to receive such leave.

3-22    [2.  The decision of the appointing authority concerning the approval of

3-23  leave pursuant to subsection 1 is final and is not subject to judicial review

3-24  or the procedure for the adjustment of grievances pursuant to NRS

3-25  284.384.]

3-26    Sec. 7.  As soon as practicable after July 1, 2001, the governor shall

3-27  appoint to the committee on catastrophic leave created pursuant to section

3-28  2 of this act:

3-29    1.  One member who is an executive officer of a state agency and one

3-30  member who is a representative of labor whose terms expire on July 1,

3-31  2002.

3-32    2.  One member who is an executive officer of a state agency and one

3-33  member who is a representative of labor whose terms expire on July 1,

3-34  2003.

3-35    3.  One member who is an executive officer of a state agency whose

3-36  term expires on July 1, 2004.

3-37    Sec. 8.  This act becomes effective on July 1, 2001.

 

3-38  H