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

 

CHAPTER..........

 

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:

 

   Section 1. Chapter 284 of NRS is hereby amended by adding thereto

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

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

 committee on catastrophic leave composed of five members appointed by

 the governor.

   2.  The committee must be composed of:

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

   (b) Two members who are representatives of labor.

   3.  The members of the committee serve at the pleasure of the

 governor.

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

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

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

 reappointed.

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

 the same manner as the original appointment for the remainder of the

 unexpired term.

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

 that the members are entitled to receive the per diem allowance and

 travel expenses provided for state officers and employees generally while

 engaged in the official business of the committee.

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

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

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

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

 chairmanship or vice chairmanship, the members of the committee shall

 elect a chairman or vice chairman from among their members to serve

 for the remainder of the unexpired term.

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

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

 matter.

   3.  The committee shall adopt:

   (a) Rules for its own management; and

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

 its duties.

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

 out the provisions of section 4 of this act.

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

 secretary of the committee.

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

authority made pursuant to NRS 284.362 to 284.3626, inclusive, may

 appeal from the decision by filing a written notice of appeal with the

 committee within 10 days after the date of the decision.

   2.  The committee shall:

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

 hearing on the merits of the appeal for a date not later than 20 days

 after its receipt of the notice.

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

 employee and the appointing authority by mail or by personal service.

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

 of evidence do not apply at the hearing.

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

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

 showing that the seriousness of the alleged catastrophe requires an

 expedited appeal.

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

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

 choosing.

   5.  The committee shall:

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

 setting forth the reasons therefor.

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

 appointing authority by mail or by personal service.

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

 review or the procedure for the adjustment of grievances pursuant to

 NRS 284.384.

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

 provisions of this section and the committee’s deliberations on the

 information or evidence received are not subject to any provision of

 chapter 241 of NRS.

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

   284.362  1.  As used in NRS 284.362 to 284.3626, inclusive,

 [“catastrophe” means:

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

   (a) “Catastrophe” means:

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

 because of a serious illness or accident which is life threatening or which

 will require a lengthy convalescence;

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

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

 family; or

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

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

 pursuant to section 2 of this act.

   2.  The commission shall adopt regulations further defining

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

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

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

 specified number of hours of leave from the account for catastrophic leave

to the account of any employee who the appointing authority determines is

eligible to receive such leave.

   [2.  The decision of the appointing authority concerning the approval of

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

 or the procedure for the adjustment of grievances pursuant to NRS

 284.384.]

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

 appoint to the committee on catastrophic leave created pursuant to section

 2 of this act:

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

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

 2002.

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

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

 2003.

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

 term expires on July 1, 2004.

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

 

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