Senate Bill No. 75–Senator Amodei
Prefiled February 1, 2001
____________
Referred to Committee on Government Affairs
SUMMARY—Clarifies provisions relating to
classification of employees of state printing division of department of
administration. (BDR 29‑751)
FISCAL NOTE: Effect on Local Government: No.
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EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along
left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
AN ACT relating to state printing; clarifying the employment classification of the
employees of the state printing division; 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 344.080
is hereby amended to read as follows:
1-2 344.080 1. The superintendent shall employ such
compositors,
1-3 [machine] assistant compositors, bindery operators, assistant bindery
1-4 operators, pressmen and [assistants] assistant pressmen as the exigency of
1-5 the work from time to time
requires, and he may at any time discharge
1-6 those employees. He shall
not, at any time, employ more compositors,
1-7 [machine] assistant compositors, bindery operators, assistant bindery
1-8 operators, pressmen and [assistants] assistant pressmen than the
1-9 necessities of the division
may require.
1-10 2. The compensation of the
compositors, [machine] assistant
1-11 compositors, bindery operators, assistant bindery operators, pressmen and
1-12 [assistants] assistant pressmen must be fixed by the
department of
1-13 personnel, but [no such]
these employees are not entitled to receive a
1-14 higher rate of wages than is
recognized by the employing printers of the
1-15 State of Nevada or than the
nature of the employment may require.
1-16 3. All [clerical employees and such other persons as are employed for
1-17 work not directly related to the printing crafts] employees of the division
1-18 other than compositors, assistant compositors, bindery operators,
1-19 assistant bindery operators, pressmen and assistant pressmen must be in
1-20 the classified service of
the state.
2-1 Sec. 2. 1. An employee of the state printing division of the
2-2 department of administration
who believes that his position as a
2-3 nonclassified employee is
not in compliance with NRS 344.080, as
2-4 clarified by this act, may
file a written request with the department of
2-5 personnel for a review of
the classification of his position on or before
2-6 January 1, 2003.
2-7 2. Upon receipt of a
request made pursuant to subsection 1, the
2-8 director of the department
of personnel shall take such actions as the
2-9 director deems necessary to
make a determination of whether the
2-10 classification of the
employee is appropriate pursuant to NRS 344.080, as
2-11 amended by this act,
including, without limitation:
2-12 (a) Requesting from the employee a description of the duties of his
2-13 position, including a
description of all duties performed for the
2-14 immediately preceding 4
years, or portion thereof during which the
2-15 employee served in the
position;
2-16 (b) Soliciting comments on the employee’s description from the
chief of
2-17 the state printing division
of the department of administration; and
2-18 (c) Interviewing such current employees of printing division as
2-19 practicable who have served
as the immediate supervisor of the employee
2-20 whose position
classification is being reviewed.
2-21 3. The director of the
department of personnel shall make the
2-22 determination required by
subsection 2 not later than 30 days after receipt
2-23 of the employee’s
description of the duties of his position.
2-24 4. If the director of the
department of personnel determines that the
2-25 present classification of
the position of the employee is appropriate, the
2-26 employee may appeal the
decision to the personnel commission. If the
2-27 director or the personnel
commission determines that the position of the
2-28 employee should be in the
classified service of the state, the director shall
2-29 immediately transfer the
position to the classified service of the state and
2-30 determine the appropriate
grade and step for the position pursuant to the
2-31 salary schedule for
classified employees created pursuant to NRS 284.175,
2-32 giving the employee
appropriate credit for the years served in the position
2-33 while it was nonclassified.
2-34 5. Notwithstanding the
provisions of chapter 284 of NRS, and the
2-35 regulations adopted pursuant
thereto, an employee whose position is
2-36 transferred to the
classified service of the state pursuant to subsection 4:
2-37 (a) Must immediately be appointed to the position, with no break in
2-38 service, and without
participation in any testing, interviews or other portion
2-39 of the open and competitive
process of the classified service;
2-40 (b) Is not subject to any probationary period; and
2-41 (c) Shall be deemed for all purposes to have been in the classified
2-42 service of the state for all
of the time he previously served in the
2-43 nonclassified position
before it was transferred to the classified service.
2-44 6. If the grade and step
established for the newly classified position
2-45 requires the payment of a
salary that is greater than the salary budgeted for
2-46 the nonclassified position,
the state printing division of the department of
2-47 administration shall pay the
additional amount beginning on the date on
2-48 which the position is
transferred. If money to pay the
additional amount of
2-49 salary is not available
within the budgeted amount for the position, the
3-1 division shall pay the
additional amount from the reserve budgeted for the
3-2 division and for that
purpose, any work program change that would
3-3 otherwise be required
pursuant to NRS 353.220, is hereby deemed to be
3-4 approved.
3-5 7. Notwithstanding the
provisions of NRS 344.080, as amended by this
3-6 act, and chapter 284 of NRS,
and the regulations adopted pursuant thereto,
3-7 the chief of the state
printing division of the department of administration
3-8 or any employee of the
division shall not terminate the employment of a
3-9 person who files a request
for the review of his position pursuant to this
3-10 section during the period
beginning on the date on which the request for
3-11 review is filed through the
date on which the position is transferred to the
3-12 classified service or the
date on which the director of the department of
3-13 personnel determines that
the classification of the position is appropriate. If
3-14 the employee appeals the decision
of the director to the personnel
3-15 commission within 60 days
after the employee receives the decision, the
3-16 period described by this
subsection must be extended to the date on which
3-17 the position is transferred
or the date on which the personnel commission
3-18 determines that the
classification of the position is appropriate.
3-19 8. After the period
described in subsection 7, the chief or an employee
3-20 of the division shall not
make any reprisal or take any retaliatory action
3-21 against an employee which is
in any way related to the employee’s request
3-22 for the review of his
position pursuant to this section. If any reprisal or
3-23 retaliatory action is taken
against the employee who filed a request for the
3-24 review of his position
pursuant to subsection 1, the employee may file a
3-25 written appeal with a hearing
officer of the department of personnel for a
3-26 determination of whether the
action taken was a reprisal or retaliatory
3-27 action. The written appeal
must be accompanied by a statement that sets
3-28 forth with particularity the
reprisal or retaliatory action that is alleged to
3-29 have been taken against the
employee. The hearing must be conducted in
3-30 accordance with the
procedures set forth in NRS 284.390 to 284.405,
3-31 inclusive, and the
procedures adopted by the personnel commission
3-32 pursuant to subsection 4 of
NRS 281.641. If the hearing officer determines
3-33 that the action taken was a
reprisal or retaliatory action, he may issue an
3-34 order directing the proper
person to desist and refrain from engaging in
3-35 such action. The hearing
officer shall file a copy of his decision with the
3-36 governor or any other
elected state officer who is responsible for the
3-37 actions of that person.
3-38 9. For the purposes of
subsection 8, “reprisal or retaliatory action”
3-39 includes:
3-40 (a) The denial of adequate personnel or time to perform duties;
3-41 (b) Frequent and undesirable changes in the location of an office
or
3-42 workspace;
3-43 (c) The refusal to assign meaningful work;
3-44 (d) The issuance of letters of reprimand or evaluations of poor
3-45 performance;
3-46 (e) A demotion;
3-47 (f) A reduction in pay;
3-48 (g) The denial of a promotion;
3-49 (h) A suspension;
4-1 (i) A dismissal;
4-2 (j) A transfer; or
4-3 (k) Frequent changes in working hours or workdays,
4-4 if such action is taken, in
whole or in part, because the employee submitted
4-5 a request for the review of
his position pursuant to this section.
4-6 Sec. 3. This act becomes effective upon passage and approval.
4-7 H