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                                                 (Reprinted with amendments adopted on April 18, 2003)

 

Senate Bill No. 331–Senator Amodei

 

March 17, 2003

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Makes various changes to employment practices governing state personnel. (BDR 23‑983)

 

FISCAL NOTE:    Effect on Local Government: No.

                             Effect on the State: Yes.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to state personnel; authorizing the Employee-Management Committee to issue subpoenas for the attendance of witnesses and the production of books and papers; providing certain rights for employees that are the subject of or witnesses in internal administrative investigations; 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 284 of NRS is hereby amended by adding

1-2  thereto the provisions set forth as sections 2, 3 and 4 of this act.

1-3  Sec. 2. 1.  In carrying out the provisions of NRS 284.073,

1-4  the Employee-Management Committee may issue subpoenas to

1-5  compel the attendance and testimony of a person that the

1-6  Committee finds, based upon its information and belief, has direct

1-7  personal knowledge of the issues presented in the grievance, and

1-8  to compel the production of books, papers and other items that are

1-9  relevant to a matter being investigated or considered by the

1-10  Committee.

1-11      2.  If a person named in a subpoena fails or refuses to attend

1-12  or testify before the Committee, to answer any questions

1-13  propounded by the Committee or to produce the books, papers or

1-14  other items required by the subpoena, the Chairman of the

1-15  Committee may petition the district court to enter an order

2-1  compelling the person to attend and testify before the Committee,

2-2  to answer the questions propounded by the Committee or to

2-3  produce the books, papers or other items required by the

2-4  subpoena. The petition filed by the Chairman must set forth that:

2-5  (a) Due notice has been given to the person named in the

2-6  subpoena of the time and place for his attendance and testimony

2-7  before the Committee or for the production of the books, papers or

2-8  other items required by the subpoena;

2-9  (b) The person has been subpoenaed by the Committee

2-10  pursuant to this section; and

2-11      (c) The person has failed or refused to attend or testify before

2-12  the Committee, to answer certain questions propounded by the

2-13  Committee or to produce the books, papers or other items required

2-14  by the subpoena.

2-15      3.  Upon such a petition, the court shall enter an order

2-16  directing the person named in the subpoena to:

2-17      (a) Appear before the court at the place and time designated in

2-18  the order. The time designated by the court must be not later than

2-19  10 days after the date of the order.

2-20      (b) Show cause why the person has failed or refused to attend

2-21  or testify before the Committee, to answer the questions

2-22  propounded by the Committee or to produce the books, papers or

2-23  other items required by the subpoena.

2-24  A certified copy of the order must be served upon the person

2-25  named in the subpoena.

2-26      4.  If it appears to the court that the subpoena was regularly

2-27  issued by the Committee and properly served, the court shall enter

2-28  an order directing the person named in the subpoena to appear

2-29  before the Committee at the place and time designated in the order

2-30  and to testify before the Committee, to answer the questions

2-31  propounded by the Committee or to produce the books, papers or

2-32  other items required by the subpoena. Failure to obey the order

2-33  constitutes contempt of court.

2-34      Sec. 3.  1.  A subpoena issued by the Employee-Management

2-35  Committee extends to all parts of this state and must be served in

2-36  accordance with the provisions of N.R.C.P. 4(c). The Committee

2-37  may not require a person named in a subpoena to attend at a place

2-38  outside the county in which the person resides unless:

2-39      (a) The location of the place is less than 100 miles from the

2-40  person’s primary residence; or

2-41      (b) A party, by affidavit, shows that the testimony of the person

2-42  is material and necessary to the proceedings and the Committee

2-43  endorses on the subpoena an order requiring the person to attend

2-44  at the place named in the subpoena, regardless of its location in

2-45  this state.

3-1  2.  A person who appears before the Committee pursuant to a

3-2  subpoena is entitled to receive fees and mileage in the same

3-3  amounts and under the same circumstances as prescribed by law

3-4  for a witness in a civil action in the district court, unless the

3-5  person is a party to the proceeding or an officer or employee of

3-6  this state or any of its political subdivisions.

3-7  3.  If a person who is entitled to receive fees and mileage

3-8  pursuant to subsection 2 must appear at a hearing before the

3-9  Committee at a place located so far from his primary residence

3-10  that it is not reasonable for the person to return to that residence

3-11  from day to day, the person is entitled, in addition to fees and

3-12  mileage, to receive the per diem compensation for subsistence and

3-13  transportation authorized by NRS 281.160 for each day of actual

3-14  attendance at such a hearing and for each day necessarily

3-15  occupied in traveling to and from such a hearing.

3-16      4.  Except as otherwise provided in subsection 5, a party who

3-17  requests that the Committee issue a subpoena to a person shall pay

3-18  to the Committee the amount of any compensation for subsistence

3-19  and transportation that the person is entitled to receive from the

3-20  Committee pursuant to subsection 3.

3-21      5.  As part of an award of costs to the party who prevails in a

3-22  proceeding, the Committee may require the party who did not

3-23  prevail in the proceeding to pay to the Committee the amount of

3-24  any compensation for subsistence and transportation that the

3-25  prevailing party would have otherwise been required to pay to the

3-26  Committee pursuant to subsection 4.

3-27      Sec. 4.  1.  An employee who is the subject of an internal

3-28  administrative investigation that could lead to disciplinary action

3-29  against him pursuant to NRS 284.385 must be provided notice in

3-30  writing of the allegations against him.

3-31      2.  Upon receipt of notice pursuant to subsection 1 the

3-32  employee must be:

3-33      (a) Afforded the right to have a lawyer or other representative

3-34  of his choosing present with him at any hearing held pursuant to

3-35  NRS 284.390 and at any time that he is questioned regarding such

3-36  charges; and

3-37      (b) Given not fewer than 2 business days to obtain

3-38  representation, unless he waives his right to be represented.

3-39      Sec. 5.  This act becomes effective on July 1, 2003.

 

3-40  H