Assembly Bill No. 386–Committee on Government Affairs

 

(On Behalf of Department of Personnel)

 

March 15, 2001

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Makes various changes relating to state personnel system. (BDR 23‑621)

 

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 the state personnel system; revising certain provisions relating to the classified and unclassified services of the state; repealing certain provisions relating to discrimination in employment, cooperation with the public employees’ retirement board and the requirement of a bond for appointment to certain positions; 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. NRS 284.140 is hereby amended to read as follows:

1-2    284.140  The unclassified service of the state consists of [positions held

1-3  by] the following state officers or employees in the executive department

1-4  of the state government [as follows:

1-5    1.  Persons chosen by election or appointment to fill an elective office.

1-6    2.] who receive annual salaries for their service:

1-7    1.  Members of boards and commissions, and heads of departments,

1-8  agencies and institutions required by law to be appointed.

1-9    [3.  At the discretion of the elective officer or head of each department,

1-10  agency or institution, one deputy and one chief assistant in each

1-11  department, agency or institution.

1-12    4.] 2.  Except as otherwise provided in NRS 223.085 and 223.570, all

1-13  persons required by law to be appointed by the governor or heads of

1-14  departments or agencies appointed by the governor or by boards.

1-15    [5.] 3.  All employees other than clerical in the office of the attorney

1-16  general and the state public defender required by law to be appointed by

1-17  the attorney general or the state public defender.

1-18    [6.] 4.  Except as otherwise provided by the board of regents of the

1-19  University of Nevada pursuant to NRS 396.251, officers and members of

2-1  the teaching staff and the staffs of the agricultural extension department

2-2  and experiment station of the University and Community College System

2-3  of Nevada, or any other state institution of learning, and student employees

2-4  of these institutions. Custodial, clerical or maintenance employees of these

2-5  institutions are in the classified service. The board of regents of the

2-6  University of Nevada shall assist the director in carrying out the provisions

2-7  of this chapter applicable to the University and Community College

2-8  System of Nevada.

2-9    [7.  Officers and members of the Nevada National Guard.

2-10    8.  Persons engaged in public work for the state but employed by

2-11  contractors when the performance of the contract is authorized by the

2-12  legislature or another competent authority.

2-13    9.  Patient and inmate help in state charitable, penal, mental and

2-14  correctional institutions.

2-15    10.  Part-time professional personnel who are paid for any form of

2-16  medical, nursing or other professional service and who are not engaged in

2-17  the performance of administrative or substantially recurring duties.

2-18    11.] 5.  All other officers and employees authorized by law to be

2-19  employed in the unclassified service.

2-20    Sec. 2.  NRS 284.150 is hereby amended to read as follows:

2-21    284.150  1.  The classified service of the State of Nevada is comprised

2-22  of all positions in the public service now existing or hereafter created

2-23  which are not included in the unclassified service, and which provide

2-24  services for any office, department, board, commission, bureau, agency or

2-25  institution in the executive department of the state government operating

2-26  by authority of the constitution or law and supported in whole or in part by

2-27  any public money, whether the money is received from the Government of

2-28  the United States or any branch or agency thereof, or from private or any

2-29  other sources.

2-30    2.  Appointments in the classified service must be made according to

2-31  merit and fitness from eligible lists prepared upon the basis of examination,

2-32  which must be open and competitive, except as otherwise provided in this

2-33  chapter.

2-34    3.  Except as otherwise provided in NRS 193.105 and 416.070, a

2-35  person must not be appointed, transferred, promoted, demoted or

2-36  discharged as an officer, clerk, employee or laborer in the classified service

2-37  in any manner or by any means other than those prescribed in this chapter

2-38  and the regulations adopted in accordance therewith.

2-39    [4.  A person must not be discriminated against on account of his

2-40  religious opinions or affiliations, race, sex, age or disability.]

2-41    Sec. 3.  NRS 284.171 is hereby amended to read as follows:

2-42    284.171  For the purposes of NRS 353.205 and 353.224, the director

2-43  shall prepare and maintain an index which categorizes all positions in the

2-44  classified [and unclassified services] service of the state into the following

2-45  broad occupational [classes:] groups:

2-46    1.  Occupations in the fields of agriculture and conservation.

2-47    2.  Clerical and related occupations.

2-48    3.  Occupations relating to custodial and domestic services.

2-49    4.  Occupations relating to library services.

3-1    5.  Occupations in the field of education.

3-2    6.  Engineering and allied occupations.

3-3    7.  Occupations in fiscal management and related staff services.

3-4    8.  Occupations relating to legal services.

3-5    9.  Occupations in the mechanical and construction trades.

3-6    10.  Occupations in the fields of medicine and health and related

3-7  services.

3-8    11.  Occupations in regulatory fields and in public safety.

3-9    12.  Occupations in social services and rehabilitation.

3-10    13.  Other occupations.

3-11    Sec. 4.  NRS 284.337 is hereby amended to read as follows:

3-12    284.337  An employee whose duties include the supervision of an

3-13  employee who holds a position in the classified service shall:

3-14    1.  For filing at the times specified in NRS 284.340, prepare reports on

3-15  the performance of that employee. In preparing a report, he shall meet with

3-16  the employee to discuss goals and objectives, to evaluate the employee’s

3-17  improvement in performance and personal development, and to discuss the

3-18  report.

3-19    2.  Provide the employee with a copy of the report . [, if requested.]

3-20    3.  Transmit the report to the appointing authority.

3-21    Sec. 5.  NRS 284.375 is hereby amended to read as follows:

3-22    284.375  1.  In accordance with regulations established by the

3-23  director, transfers in the classified service may be made from a position in

3-24  one grade or class to a position in another grade or class when the duties

3-25  and compensation are similar and when such action is specifically

3-26  approved by the director.

3-27    2.  Each appointing authority shall report to the director in writing,

3-28  from time to time, upon the date of the official action in, or knowledge of,

3-29  any transfer, separation, suspension or reinstatement of a person in the

3-30  public service[.] , or any reduction or other change to a position in the

3-31  public service.

3-32    Sec. 6.  NRS 284.384 is hereby amended to read as follows:

3-33    284.384  1.  The director shall propose, and the commission shall

3-34  adopt, regulations which provide for the adjustment of grievances for

3-35  which a hearing is not provided by NRS 284.165, 284.245, 284.376 or

3-36  284.390. Any grievance for which a hearing is not provided by NRS

3-37  284.165, 284.245, 284.376 or 284.390 is subject to adjustment pursuant to

3-38  this section.

3-39    2.  The regulations must provide procedures for:

3-40    (a) Consideration and adjustment of the grievance within the agency in

3-41  which it arose.

3-42    (b) Submission to the employee-management committee for a final

3-43  decision if the employee is still dissatisfied with the resolution of the

3-44  dispute.

3-45    3.  The regulations must include provisions for:

3-46    (a) Submitting each proposed resolution of a dispute which has a fiscal

3-47  effect to the budget division of the department of administration for a

3-48  determination by that division whether the resolution is feasible on the

3-49  basis of its fiscal effects; and

4-1    (b) Making the resolution binding.

4-2    4.  Any grievance which is subject to adjustment pursuant to this

4-3  section may be appealed to the employee-management committee for a

4-4  final decision.

4-5    5.  The employee may represent himself at any hearing regarding a

4-6  grievance which is subject to adjustment pursuant to this section or be

4-7  represented by an attorney or other person of the employee’s own

4-8  choosing.

4-9    6.  As used in this section, “grievance” means an act, omission or

4-10  occurrence which an employee who has attained permanent status feels

4-11  constitutes an injustice relating to any condition arising out of the

4-12  relationship between an employer and an employee, including, but not

4-13  limited to, compensation, working hours, working conditions, membership

4-14  in an organization of employees or the interpretation of any law, regulation

4-15  or disagreement.

4-16    Sec. 7.  NRS 284.385 is hereby amended to read as follows:

4-17    284.385  1.  An appointing authority may:

4-18    (a) Dismiss or demote any permanent classified employee when he

4-19  considers that the good of the public service will be served thereby.

4-20    (b) Except as otherwise provided in NRS 284.148, suspend without pay,

4-21  for disciplinary purposes, a permanent employee for a period not to exceed

4-22  30 days.

4-23    2.  A dismissal, involuntary demotion or suspension does not become

4-24  effective until the employee is notified in writing of the dismissal,

4-25  involuntary demotion or suspension and the reasons therefor. The notice

4-26  may be delivered personally to the employee or mailed to him at his last

4-27  known address by registered or certified mail, return receipt requested. If

4-28  the notice is mailed, the effective date of the dismissal, involuntary

4-29  demotion or suspension shall be deemed to be the date of delivery or if the

4-30  letter is returned to the sender, 3 days after mailing.

4-31    [3.  No employee in the classified service may be dismissed for

4-32  religious or racial reasons.]

4-33    Sec. 8.  NRS 284.4061 is hereby amended to read as follows:

4-34    284.4061  As used in NRS 284.406 to 284.407, inclusive, unless the

4-35  context otherwise requires:

4-36    1.  “Employee” means a person in the classified or unclassified service

4-37  of the state . [, except:

4-38    (a) Officers and members of the Nevada National Guard;

4-39    (b) Persons engaged in public work for the state but employed by

4-40  contractors when the performance of the contract is authorized by the

4-41  legislature or another competent authority; and

4-42    (c) Patient and inmate help in state charitable, penal, mental and

4-43  correctional institutions.]

4-44    2.  “Screening test” means a test of a person’s:

4-45    (a) Breath or blood to detect the general presence of alcohol; or

4-46    (b) Urine to detect the general presence of a controlled substance or any

4-47  other drug,

4-48  which could impair that person’s ability to perform the duties of

4-49  employment safely and efficiently.

5-1    Sec. 9.  NRS 225.170 is hereby amended to read as follows:

5-2    225.170  1.  There is hereby created within the office of the secretary

5-3  of state a securities division. The secretary of state shall appoint a deputy

5-4  as administrator of the division. The position of the deputy is unclassified .

5-5  [and is in addition to the two unclassified positions in the office of the

5-6  secretary of state authorized by subsection 3 of NRS 284.140.]

5-7    2.  The secretary of state may, alternatively:

5-8    (a) Use the services of an assigned deputy attorney general as legal

5-9  counsel for the division.

5-10    (b) Appoint an attorney as legal counsel for the division. If appointed,

5-11  he is in the unclassified service of the state.

5-12    (c) Contract for services to be rendered by such other legal counsel as

5-13  are needed for assistance in administering chapter 90 of NRS.

5-14    3.  Each of the legal counsel must be an attorney admitted to practice

5-15  law in Nevada.

5-16    Sec. 10.  NRS 232.080 is hereby amended to read as follows:

5-17    232.080  The attorney general is the counsel and attorney for the

5-18  department. The attorney general shall designate one of his deputies to be

5-19  counsel and attorney for the department in all actions, proceedings and

5-20  hearings. The deputy so designated:

5-21    1.  Is the legal adviser of the department in all matters relating to the

5-22  department and to the powers and duties of its officers.

5-23    2.  Shall maintain his office in Carson City, Nevada, in an office

5-24  provided by the department.

5-25    3.  Is in the unclassified service of the state pursuant to subsection [5] 3

5-26  of NRS 284.140.

5-27    Sec. 11.  NRS 353.224 is hereby amended to read as follows:

5-28    353.224  1.  A state agency other than the University and Community

5-29  College System of Nevada and vocational licensing boards may not change

5-30  a position for which money has been appropriated or authorized from one

5-31  occupational [class] group to another, as defined by the index developed

5-32  pursuant to NRS 284.171, without the approval of the legislature or of the

5-33  interim finance committee.

5-34    2.  All proposed changes of positions from one occupational [class]

5-35  group to another must be submitted to the interim finance committee. The

5-36  interim finance committee has 45 days after a proposal is submitted to its

5-37  secretary within which to consider it. Any proposed change of a position

5-38  from one occupational [class] group to another which is not considered

5-39  within the 45-day period shall be deemed approved.

5-40    3.  The secretary shall place each request submitted to him pursuant to

5-41  subsection 2 on the agenda of the next meeting of the interim finance

5-42  committee.

5-43    4.  In acting upon a proposed change of position, the interim finance

5-44  committee shall consider, among other things:

5-45    (a) The need for the proposed change; and

5-46    (b) The intent of the legislature in approving the existing classification

5-47  of positions.

 

6-1    Sec. 12.  NRS 284.012, 284.120, 284.225, 284.280, 284.317, 284.379

6-2  and 284.400 are hereby repealed.

6-3    Sec. 13.  This act becomes effective on July 1, 2001.

 

6-4  TEXT OF REPEALED SECTIONS

 

6-5    284.012  Policy concerning employment of persons with disabilities.

6-6   Subject to other applicable provisions of this chapter, it is the policy of

6-7   this state that persons with disabilities must be afforded equal

6-8   opportunities in employment by the state, by its political subdivisions and

6-9   in all other employment supported in whole or in part by the state.

6-10    284.120  Cooperation between public employees’ retirement board

6-11   and department of personnel.

6-12    1.  The public employees’ retirement board and its executive officer

6-13   and the department and its director shall cooperate in all phases of their

6-14   operations whereby duplication of staff, duplication of duties and work,

6-15   and duplication of office equipment and records may be avoided.

6-16    2.  The two agencies, by mutual agreement, shall each pay its proper

6-17   share of salaries and other administrative expenses incurred in joint

6-18   operations.

6-19    3.  The two agencies shall cooperate to the fullest extent whereby

6-20   maximum economy and efficiency in operation will be achieved, as well

6-21   as maximum benefits for the employees of Nevada’s departments,

6-22   agencies, offices and institutions.

6-23    284.225  Requirement of bond to be included in announcement of

6-24   examination.  When any position requires the appointee to furnish a

6-25   bond, notice of such requirement shall be included in the announcement of

6-26   the examination for the position.

6-27    284.280  Probationary appointment.

6-28    1.  The appointing authority shall appoint on probation, with sole

6-29   reference to merit and fitness, one of the eligible persons whose name is

6-30   certified in the manner set forth in NRS 284.265 to fill a vacancy.

6-31    2.  The provisions of this section shall not apply when the office or

6-32   employment is among those listed for which competitive examinations are

6-33   not required.

6-34    284.317  Appointment of persons with disabilities. In order to

6-35   further the efforts of the State of Nevada toward alleviating the problems

6-36   of persons with disabilities, full consideration must be given to the

6-37   employment of a person with a disability for a position if he is capable of

6-38   meeting the necessary performance requirements with or without

6-39   reasonable accommodations.

7-1    284.379  Separation or disability retirement of person with

7-2  disability. In the employment and utilization of a person with a disability

7-3   in the state service, continued efforts must be made to retain the person by

7-4   making reasonable accommodations that enable him to meet the necessary

7-5   performance requirements and to enjoy the benefits and privileges of his

7-6   position. Separation or disability retirement is in order only after it

7-7   becomes apparent that a condition does not respond to treatment.

7-8    284.400  Reports of appointing authorities. Each appointing

7-9   authority shall report to the director in writing from time to time upon the

7-10   date of the official action in, or knowledge of, any separation of a person

7-11   from the public service or any reduction, suspension, reinstatement or

7-12   other change therein.

 

7-13  H