(REPRINTED WITH ADOPTED AMENDMENTS)

 

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 concerning public employees. (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 public employees; authorizing a leave of absence for certain public officers or employees to assist the division of emergency management of the department of motor vehicles and public safety or a local organization for emergency management during a disaster or emergency; revising certain provisions relating to the classified and unclassified services of the state; repealing certain provisions relating to 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. Chapter 281 of NRS is hereby amended by adding thereto a

1-2  new section to read as follows:

1-3    1.  Any public officer or employee of the state or any agency thereof,

1-4  or of a political subdivision or an agency of a political subdivision, who

1-5  is an emergency communications technician must be relieved from his

1-6  duties, upon the request of the division of emergency management of the

1-7  department of motor vehicles and public safety or a local organization

1-8  for emergency management and the approval of his employer, to assist

1-9  the division or local organization for emergency management during a

1-10  disaster or emergency that occurs in this state, California, Oregon,

1-11  Idaho, Utah or Arizona, without loss of his regular compensation for a

1-12  period of not more than 15 working days in any calendar year. No such

1-13  absence may be a part of the annual vacation of the public officer or

1-14  employee which is provided for by law.

1-15    2.  As used in this section:

1-16    (a) “Disaster” has the meaning ascribed to it in NRS 414.0335.

1-17    (b) “Emergency” has the meaning ascribed to it in NRS 414.0345.

2-1    (c) “Emergency communications technician” means a person who is:

2-2       (1) Licensed by the Federal Communications Commission as an

2-3  amateur radio operator; and

2-4       (2) A member of:

2-5         (I) The Radio Amateur Civil Emergency Service or a successor

2-6  organization sponsored by the agency of the Federal Government for

2-7  emergency management; or

2-8         (II) The Amateur Radio Emergency Service or a successor

2-9  organization sponsored by the American Radio Relay League or its

2-10  successor.

2-11    (d) “Local organization for emergency management” has the

2-12  meaning ascribed to it in NRS 414.036.

2-13    Sec. 2.  NRS 284.140 is hereby amended to read as follows:

2-14    284.140  The unclassified service of the state consists of [positions held

2-15  by] the following state officers or employees in the executive department

2-16  of the state government [as follows:

2-17    1.  Persons chosen by election or appointment to fill an elective office.

2-18    2.] who receive annual salaries for their service:

2-19    1.  Members of boards and commissions, and heads of departments,

2-20  agencies and institutions required by law to be appointed.

2-21    [3.  At the discretion of the elective officer or head of each department,

2-22  agency or institution, one deputy and one chief assistant in each

2-23  department, agency or institution.

2-24    4.] 2.  Except as otherwise provided in NRS 223.085 and 223.570, all

2-25  persons required by law to be appointed by the governor or heads of

2-26  departments or agencies appointed by the governor or by boards.

2-27    [5.] 3.  All employees other than clerical in the office of the attorney

2-28  general and the state public defender required by law to be appointed by

2-29  the attorney general or the state public defender.

2-30    [6.] 4.  Except as otherwise provided by the board of regents of the

2-31  University of Nevada pursuant to NRS 396.251, officers and members of

2-32  the teaching staff and the staffs of the agricultural extension department

2-33  and experiment station of the University and Community College System

2-34  of Nevada, or any other state institution of learning, and student employees

2-35  of these institutions. Custodial, clerical or maintenance employees of these

2-36  institutions are in the classified service. The board of regents of the

2-37  University of Nevada shall assist the director in carrying out the provisions

2-38  of this chapter applicable to the University and Community College

2-39  System of Nevada.

2-40    [7.  Officers and members of the Nevada National Guard.

2-41    8.  Persons engaged in public work for the state but employed by

2-42  contractors when the performance of the contract is authorized by the

2-43  legislature or another competent authority.

2-44    9.  Patient and inmate help in state charitable, penal, mental and

2-45  correctional institutions.

2-46    10.  Part-time professional personnel who are paid for any form of

2-47  medical, nursing or other professional service and who are not engaged in

2-48  the performance of administrative or substantially recurring duties.

3-1    11.] 5.  All other officers and employees authorized by law to be

3-2  employed in the unclassified service.

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

3-4    284.171  For the purposes of NRS 353.205 and 353.224, the director

3-5  shall prepare and maintain an index which categorizes all positions in the

3-6  classified [and unclassified services] service of the state into the following

3-7  broad occupational [classes:] groups:

3-8    1.  Occupations in the fields of agriculture and conservation.

3-9    2.  Clerical and related occupations.

3-10    3.  Occupations relating to custodial and domestic services.

3-11    4.  Occupations relating to library services.

3-12    5.  Occupations in the field of education.

3-13    6.  Engineering and allied occupations.

3-14    7.  Occupations in fiscal management and related staff services.

3-15    8.  Occupations relating to legal services.

3-16    9.  Occupations in the mechanical and construction trades.

3-17    10.  Occupations in the fields of medicine and health and related

3-18  services.

3-19    11.  Occupations in regulatory fields and in public safety.

3-20    12.  Occupations in social services and rehabilitation.

3-21    13.  Other occupations.

3-22    Sec. 4.  NRS 284.337 is hereby amended to read as follows:

3-23    284.337  An employee whose duties include the supervision of an

3-24  employee who holds a position in the classified service shall:

3-25    1.  For filing at the times specified in NRS 284.340, prepare reports on

3-26  the performance of that employee. In preparing a report, he shall meet with

3-27  the employee to discuss goals and objectives, to evaluate the employee’s

3-28  improvement in performance and personal development, and to discuss the

3-29  report.

3-30    2.  Provide the employee with a copy of the report . [, if requested.]

3-31    3.  Transmit the report to the appointing authority.

3-32    Sec. 5.  NRS 284.375 is hereby amended to read as follows:

3-33    284.375  1.  In accordance with regulations established by the

3-34  director, transfers in the classified service may be made from a position in

3-35  one grade or class to a position in another grade or class when the duties

3-36  and compensation are similar and when such action is specifically

3-37  approved by the director.

3-38    2.  Each appointing authority shall report to the director in writing,

3-39  from time to time, upon the date of the official action in, or knowledge of,

3-40  any transfer, separation, suspension or reinstatement of a person in the

3-41  public service[.] , or any reduction or other change to a position in the

3-42  public service.

3-43    Sec. 6.  NRS 284.384 is hereby amended to read as follows:

3-44    284.384  1.  The director shall propose, and the commission shall

3-45  adopt, regulations which provide for the adjustment of grievances for

3-46  which a hearing is not provided by NRS 284.165, 284.245, 284.376 or

3-47  284.390. Any grievance for which a hearing is not provided by NRS

3-48  284.165, 284.245, 284.376 or 284.390 is subject to adjustment pursuant to

3-49  this section.

4-1    2.  The regulations must provide procedures for:

4-2    (a) Consideration and adjustment of the grievance within the agency in

4-3  which it arose.

4-4    (b) Submission to the employee-management committee for a final

4-5  decision if the employee is still dissatisfied with the resolution of the

4-6  dispute.

4-7    3.  The regulations must include provisions for:

4-8    (a) Submitting each proposed resolution of a dispute which has a fiscal

4-9  effect to the budget division of the department of administration for a

4-10  determination by that division whether the resolution is feasible on the

4-11  basis of its fiscal effects; and

4-12    (b) Making the resolution binding.

4-13    4.  Any grievance which is subject to adjustment pursuant to this

4-14  section may be appealed to the employee-management committee for a

4-15  final decision.

4-16    5.  The employee may represent himself at any hearing regarding a

4-17  grievance which is subject to adjustment pursuant to this section or be

4-18  represented by an attorney or other person of the employee’s own

4-19  choosing.

4-20    6.  As used in this section, “grievance” means an act, omission or

4-21  occurrence which an employee who has attained permanent status feels

4-22  constitutes an injustice relating to any condition arising out of the

4-23  relationship between an employer and an employee, including, but not

4-24  limited to, compensation, working hours, working conditions, membership

4-25  in an organization of employees or the interpretation of any law, regulation

4-26  or disagreement.

4-27    Sec. 7.  NRS 284.4061 is hereby amended to read as follows:

4-28    284.4061  As used in NRS 284.406 to 284.407, inclusive, unless the

4-29  context otherwise requires:

4-30    1.  “Employee” means a person in the classified or unclassified service

4-31  of the state . [, except:

4-32    (a) Officers and members of the Nevada National Guard;

4-33    (b) Persons engaged in public work for the state but employed by

4-34  contractors when the performance of the contract is authorized by the

4-35  legislature or another competent authority; and

4-36    (c) Patient and inmate help in state charitable, penal, mental and

4-37  correctional institutions.]

4-38    2.  “Screening test” means a test of a person’s:

4-39    (a) Breath or blood to detect the general presence of alcohol; or

4-40    (b) Urine to detect the general presence of a controlled substance or any

4-41  other drug,

4-42  which could impair that person’s ability to perform the duties of

4-43  employment safely and efficiently.

4-44    Sec. 8.  NRS 225.170 is hereby amended to read as follows:

4-45    225.170  1.  There is hereby created within the office of the secretary

4-46  of state a securities division. The secretary of state shall appoint a deputy

4-47  as administrator of the division. The position of the deputy is unclassified .

4-48  [and is in addition to the two unclassified positions in the office of the

4-49  secretary of state authorized by subsection 3 of NRS 284.140.]

5-1    2.  The secretary of state may, alternatively:

5-2    (a) Use the services of an assigned deputy attorney general as legal

5-3  counsel for the division.

5-4    (b) Appoint an attorney as legal counsel for the division. If appointed,

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

5-6    (c) Contract for services to be rendered by such other legal counsel as

5-7  are needed for assistance in administering chapter 90 of NRS.

5-8    3.  Each of the legal counsel must be an attorney admitted to practice

5-9  law in Nevada.

5-10    Sec. 9.  NRS 232.080 is hereby amended to read as follows:

5-11    232.080  The attorney general is the counsel and attorney for the

5-12  department. The attorney general shall designate one of his deputies to be

5-13  counsel and attorney for the department in all actions, proceedings and

5-14  hearings. The deputy so designated:

5-15    1.  Is the legal adviser of the department in all matters relating to the

5-16  department and to the powers and duties of its officers.

5-17    2.  Shall maintain his office in Carson City, Nevada, in an office

5-18  provided by the department.

5-19    3.  Is in the unclassified service of the state pursuant to subsection [5] 3

5-20  of NRS 284.140.

5-21    Sec. 10.  NRS 353.224 is hereby amended to read as follows:

5-22    353.224  1.  A state agency other than the University and Community

5-23  College System of Nevada and vocational licensing boards may not change

5-24  a position for which money has been appropriated or authorized from one

5-25  occupational [class] group to another, as defined by the index developed

5-26  pursuant to NRS 284.171, without the approval of the legislature or of the

5-27  interim finance committee.

5-28    2.  All proposed changes of positions from one occupational [class]

5-29  group to another must be submitted to the interim finance committee. The

5-30  interim finance committee has 45 days after a proposal is submitted to its

5-31  secretary within which to consider it. Any proposed change of a position

5-32  from one occupational [class] group to another which is not considered

5-33  within the 45-day period shall be deemed approved.

5-34    3.  The secretary shall place each request submitted to him pursuant to

5-35  subsection 2 on the agenda of the next meeting of the interim finance

5-36  committee.

5-37    4.  In acting upon a proposed change of position, the interim finance

5-38  committee shall consider, among other things:

5-39    (a) The need for the proposed change; and

5-40    (b) The intent of the legislature in approving the existing classification

5-41  of positions.

5-42    Sec. 11.  NRS 284.120, 284.225, 284.280 and 284.400 are hereby

5-43  repealed.

5-44    Sec. 12.  This act becomes effective on July 1, 2001.

 

 

6-1  TEXT OF REPEALED SECTIONS

 

6-2    284.120  Cooperation between public employees’ retirement board

6-3  and department of personnel.

6-4    1.  The public employees’ retirement board and its executive officer

6-5  and the department and its director shall cooperate in all phases of their

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

6-7  and duplication of office equipment and records may be avoided.

6-8    2.  The two agencies, by mutual agreement, shall each pay its proper

6-9  share of salaries and other administrative expenses incurred in joint

6-10  operations.

6-11    3.  The two agencies shall cooperate to the fullest extent whereby

6-12  maximum economy and efficiency in operation will be achieved, as well as

6-13  maximum benefits for the employees of Nevada’s departments, agencies,

6-14  offices and institutions.

6-15    284.225  Requirement of bond to be included in announcement of

6-16  examination.  When any position requires the appointee to furnish a

6-17  bond, notice of such requirement shall be included in the announcement of

6-18  the examination for the position.

6-19    284.280  Probationary appointment.

6-20    1.  The appointing authority shall appoint on probation, with sole

6-21  reference to merit and fitness, one of the eligible persons whose name is

6-22  certified in the manner set forth in NRS 284.265 to fill a vacancy.

6-23    2.  The provisions of this section shall not apply when the office or

6-24  employment is among those listed for which competitive examinations are

6-25  not required.

6-26    284.400  Reports of appointing authorities. Each appointing

6-27  authority shall report to the director in writing from time to time upon the

6-28  date of the official action in, or knowledge of, any separation of a person

6-29  from the public service or any reduction, suspension, reinstatement or other

6-30  change therein.

 

6-31  H