(REPRINTED WITH ADOPTED AMENDMENTS)

 

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.

                                    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 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.  The chief of the state printing division of the department of

2-45  administration or an employee who is appointed to a position pursuant to

2-46  subsection 5 may, within 20 days after the date on which the employee is

2-47  appointed, file with the director of the department of personnel a written

2-48  appeal of the grade or class to which the position was allocated. For the

2-49  purposes of such an appeal and any subsequent appeals to the personnel

3-1  commission, the provisions of the regulations adopted by the department of

3-2  personnel pursuant to chapter 284 of NRS are applicable in the same

3-3  manner as if the allocation of the position to a grade or class had been

3-4  made pursuant to chapter 284 of NRS and the regulations adopted pursuant

3-5  thereto, instead of pursuant to this act.

3-6    7.  If the grade and step established for the newly classified position

3-7  requires the payment of a salary that is greater than the salary budgeted for

3-8  the nonclassified position, the state printing division of the department of

3-9  administration shall pay the additional amount beginning on the date on

3-10  which the position is transferred.  If money to pay the additional amount of

3-11  salary is not available within the budgeted amount for the position, the

3-12  division shall pay the additional amount from the reserve budgeted for the

3-13  division and for that purpose, any work program change that would

3-14  otherwise be required pursuant to NRS 353.220, is hereby deemed to be

3-15  approved.

3-16    8.  Notwithstanding the provisions of NRS 344.080, as amended by this

3-17  act, and chapter 284 of NRS, and the regulations adopted pursuant thereto,

3-18  the chief of the state printing division of the department of administration

3-19  or any employee of the division shall not terminate the employment of a

3-20  person who files a request for the review of his position pursuant to this

3-21  section during the period beginning on the date on which the request for

3-22  review is filed through the date on which the position is transferred to the

3-23  classified service or the date on which the director of the department of

3-24  personnel determines that the classification of the position is appropriate. If

3-25  the employee appeals the decision of the director to the personnel

3-26  commission within 60 days after the employee receives the decision, the

3-27  period described by this subsection must be extended to the date on which

3-28  the position is transferred or the date on which the personnel commission

3-29  determines that the classification of the position is appropriate.

3-30    9.  After the period described in subsection 8, the chief or an employee

3-31  of the division shall not make any reprisal or take any retaliatory action

3-32  against an employee which is in any way related to the employee’s request

3-33  for the review of his position pursuant to this section. If any reprisal or

3-34  retaliatory action is taken against the employee who filed a request for the

3-35  review of his position pursuant to subsection 1, the employee may file a

3-36  written appeal with a hearing officer of the department of personnel for a

3-37  determination of whether the action taken was a reprisal or retaliatory

3-38  action. The written appeal must be accompanied by a statement that sets

3-39  forth with particularity the reprisal or retaliatory action that is alleged to

3-40  have been taken against the employee. The hearing must be conducted in

3-41  accordance with the procedures set forth in NRS 284.390 to 284.405,

3-42  inclusive, and the procedures adopted by the personnel commission

3-43  pursuant to subsection 4 of NRS 281.641. If the hearing officer determines

3-44  that the action taken was a reprisal or retaliatory action, he may issue an

3-45  order directing the proper person to desist and refrain from engaging in

3-46  such action. The hearing officer shall file a copy of his decision with the

3-47  governor or any other elected state officer who is responsible for the

3-48  actions of that person.

4-1    10.  For the purposes of subsection 9, “reprisal or retaliatory action”

4-2  includes:

4-3    (a) The denial of adequate personnel or time to perform duties;

4-4    (b) Frequent and undesirable changes in the location of an office or

4-5  workspace;

4-6    (c) The refusal to assign meaningful work;

4-7    (d) The issuance of letters of reprimand or evaluations of poor

4-8  performance;

4-9    (e) A demotion;

4-10    (f) A reduction in pay;

4-11    (g) The denial of a promotion;

4-12    (h) A suspension;

4-13    (i) A dismissal;

4-14    (j) A transfer; or

4-15    (k) Frequent changes in working hours or workdays,

4-16  if such action is taken, in whole or in part, because the employee submitted

4-17  a request for the review of his position pursuant to this section.

4-18    Sec. 3.  This act becomes effective upon passage and approval.

 

4-19  H