Usa Nevada

USA Statutes : nevada
Title : Title 22 - COOPERATIVE AGREEMENTS BY PUBLIC AGENCIES; PLANNING AND ZONING; DEVELOPMENT AND REDEVELOPMENT
Chapter : CHAPTER 280 - METROPOLITAN POLICE DEPARTMENTS


      1.  The Legislature finds:

      (a) That there is substantial duplication of functions, man power
and expenses between the city and county law enforcement agencies in this
state.

      (b) That merger of city and county law enforcement agencies would
increase the efficiency of such agencies by increasing communication
facilities, lowering purchasing costs and coordinating law enforcement
efforts throughout metropolitan areas.

      2.  It is the purpose of this chapter to provide the means whereby
the respective law enforcement agencies of the cities and counties in
this state may merge into county-wide metropolitan police departments.

      (Added to NRS by 1973, 915; A 1975, 1283; 1977, 364)
 The powers of the various
participating political subdivisions and the provisions of this chapter
shall be construed liberally to effect the merger of the law enforcement
agencies of such political subdivisions without administrative
difficulty, it being the intention of the Legislature that the formation
of departments be effected in an orderly manner.

      (Added to NRS by 1973, 919)—(Substituted in revision for NRS
280.360)
 As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 280.030
to 280.095 , inclusive, have the meanings ascribed to them
in those sections.

      (Added to NRS by 1973, 915; A 1979, 532; 1981, 635; 2003, 434
)
 “Board” means a civil service board
appointed by the committee.

      (Added to NRS by 1973, 915; A 1981, 635)
 “City” means an incorporated city in
this state.

      (Added to NRS by 1973, 915; A 1987, 1719)
 “Committee” means a metropolitan
police committee on fiscal affairs.

      (Added to NRS by 1981, 635)
 “Department” means a
metropolitan police department created under the provisions of this
chapter.

      (Added to NRS by 1973, 915)
 “Department fund” means
any fund created in a county treasury under the provisions of NRS 280.220
.

      (Added to NRS by 1973, 915; A 1981, 635)
 “Investigative
function” means those units within the department whose primary
responsibility is to investigate cases to apprehend and convict criminals.

      (Added to NRS by 1981, 635)
 “Political
subdivision” means a county in this state or an incorporated city or town
within such county.

      (Added to NRS by 1973, 916)
 “Rural
program of resident officers” means a law enforcement program which
provides police protection to a rural area as defined by a metropolitan
police department, approved by the governing body of each participating
political subdivision before January 1 preceding the commencement of each
fiscal year.

      (Added to NRS by 1981, 635)
 “Taxing district” means a
district created pursuant to NRS 280.262 .

      (Added to NRS by 2003, 433 )
 “Uniformed
function in the field” means those operating units within the department
whose primary responsibilities are to protect the public safety, respond
in the first instance to disturbances and calls for service and enforce
any traffic regulation.

      (Added to NRS by 1981, 635)

MERGER
 No county whose population is 100,000 or more may merge its
law enforcement agency with the law enforcement agency of any of the
cities in that county to create a single law enforcement agency for the
participating political subdivisions except pursuant to the provisions of
this chapter.

      (Added to NRS by 1981, 635; A 1987, 847)


      1.  The board of county commissioners of any county and the
governing body of any city or cities located in the county may merge
their respective law enforcement agencies into one metropolitan police
department. To do so, the board of county commissioners of the
participating county and the governing body of each participating city
must each adopt an ordinance providing for the merger. Except with
respect to an ordinance providing for the reorganization of an existing
department pursuant to the provisions of this chapter, any ordinance
providing for a merger must be adopted and become effective on or before
November 30 in the year preceding the commencement of the fiscal year in
which the merger is to occur.

      2.  If the act or charter under which a participating city is
organized provides for the appointment of a chief of police and his
duties of law enforcement and the governing body of the city adopts an
ordinance for the merger authorized by this section:

      (a) The charter provision for appointment of a chief of police
shall be deemed superseded as long as the ordinance providing for a
merger of the police department of the participating city remains in
effect.

      (b) The duties of law enforcement vested in the law enforcement
agencies designated in the merger, devolve upon the metropolitan police
department, except the duty to construct, maintain or operate any county
or city jail or detention facility.

      3.  Any nonparticipating city may, by adopting an ordinance
providing for a merger, merge its law enforcement agency into an existing
metropolitan police department with the unanimous consent of the
committee and subject to such rules and regulations as the committee may
adopt which are consistent with the provisions of this chapter.

      (Added to NRS by 1973, 916; A 1981, 635; 1989, 1180; 1993, 2515;
2001, 1658 )
 Upon merger:

      1.  The law enforcement agencies of each participating political
subdivision, which are designated in the merger, shall be deemed
superseded as long as the ordinance providing for the merger remains in
effect.

      2.  The resulting department shall operate under the provisions of
this chapter.

      (Added to NRS by 1973, 916; A 1981, 636; 1993, 2515)


      1.  The chief law enforcement officer, and except as limited or
otherwise provided in this chapter the chief administrative officer, in a
department is the sheriff of the county in which a department is located.
Except as otherwise specifically provided or limited, the sheriff shall
continue to perform all of his duties and retain all of his powers as
sheriff of the county.

      2.  Upon merger, the chief of police of the largest participating
city is second in command of the department and must be designated as
undersheriff of the department.

      3.  Upon merger, the chiefs of police of other participating
cities, the assistant chiefs of police of other participating cities, the
chief deputies or deputy chiefs, or both, and the undersheriff of the
county are entitled to obtain employment with the department in positions
which their leadership abilities warrant.

      4.  Upon merger, all persons designated in subsections 2 and 3 are
entitled to retain an equivalent rank in the department at least until
the expiration of the current term of office of the sheriff, except that
they may be removed for cause. Upon merger, or at any time thereafter,
the persons selected to fill any of the positions listed in subsections 2
and 3 or the position of assistant sheriff or commander must be selected
from the highest civil service rank in the department and are entitled to
return to that rank if removed from one of those positions. No
appointments may be made to those positions of persons from outside the
department.

      (Added to NRS by 1973, 919; A 1983, 754)—(Substituted in revision
for NRS 280.290)


      1.  Employees of the respective law enforcement agencies of the
participating political subdivisions, who are so employed at the time of
merger, may obtain employment with the department and shall hold
positions of rank and grade comparable to their positions prior to merger.

      2.  Such employees, sworn or civilian, are entitled to suffer no
loss in pay, pension, fringe benefits or other job benefits by reason of
a merger.

      3.  Sick leave, longevity and vacation time accrued to such
employees in the service of their respective law enforcement agencies
shall be credited to them as employees of the department. All rights and
accruals of such employees as members of the Public Employees’ Retirement
System pursuant to the Public Employees’ Retirement Act shall remain in
force and shall be automatically transferred from the respective law
enforcement agencies to the department.

      4.  The duties and responsibilities of such employees shall not be
diminished by reason of the merger, but their area and division of
assignment may be changed at the discretion of the sheriff of the
department or his designated administrative representative.

      5.  Upon merger, the most liberal employee benefits which have been
negotiated by the respective employee organizations of the law
enforcement agencies of the participating political subdivisions shall be
the benefits applicable to the employees of the department.

      (Added to NRS by 1973, 920)—(Substituted in revision for NRS
280.300)


      1.  The provisions of this chapter do not prohibit a participating
political subdivision from establishing and administering the following
units of specialized law enforcement:

      (a) A unit consisting of animal control officers.

      (b) A unit consisting of marshals.

      (c) A unit consisting of park rangers.

      (d) A unit for the investigation of arson.

      (e) A unit for the enforcement of laws relating to the licensure of
businesses.

      (f) A unit for the enforcement of nonmoving traffic laws.

      2.  Except as otherwise limited in subsection 3, the jurisdiction
and authority of any units of specialized law enforcement established
pursuant to subsection 1 is concurrent with the authority and
jurisdiction of the metropolitan police department.

      3.  The authority and jurisdiction of a unit consisting of marshals
or park rangers is limited to:

      (a) The issuance of citations in accordance with the provisions of
NRS 171.17751 ;

      (b) The enforcement of state laws and city and county ordinances on
real property owned, leased or otherwise under the control of the
participating political subdivision;

      (c) The service of warrants of arrest issued pursuant to NRS 5.060
;

      (d) The removal of abandoned vehicles as authorized by NRS 487.230
; and

      (e) The duties set forth in NRS 171.1223 .

      (Added to NRS by 1993, 2514; A 1995, 158; 2001, 1869 )

WITHDRAWAL OR DISSOLUTION


      1.  If a participating political subdivision in a department that
consists of three or more participating political subdivisions wishes to
withdraw from the department, the participating political subdivision
must submit the question of whether the political subdivision should
withdraw from the department to the registered voters of the political
subdivision at a general election held pursuant to NRS 293.12755 . The participating political subdivision
shall give notice of its intent to withdraw to the other participating
political subdivisions at least 6 months before that general election. If
a majority of the voters approve the question, the effective date of the
withdrawal is the commencement of the fiscal year immediately following
the general election at which the question of withdrawal is approved. The
ordinance that had been adopted by the withdrawing political subdivision
providing for the merger is void on the effective date of the withdrawal.

      2.  If a department consists of:

      (a) Two participating political subdivisions and one of the
participating political subdivisions determines that it wishes to
withdraw; or

      (b) Three or more participating political subdivisions and all or
all except one of the participating political subdivisions determine that
they wish to withdraw,

Ê the participating political subdivisions must each submit the question
of whether the department should be dissolved to the registered voters
within their jurisdiction at the next general election held pursuant to
NRS 293.12755 . If a majority of the
total votes cast on the question are in favor of the dissolution of the
department, the effective date of the dissolution is the commencement of
the fiscal year immediately following the general election at which the
question of dissolution is approved. The ordinances that had been adopted
by the participating political subdivisions providing for the merger are
void on the effective date of the dissolution.

      (Added to NRS by 2001, 1656 )


      1.  Upon the withdrawal of a participating political subdivision
from the department, the committee, in cooperation with the withdrawing
political subdivision, shall determine the employees of the department
that must be transferred to the law enforcement agency of the withdrawing
political subdivision.

      2.  Such employees must hold positions of rank and grade comparable
to their positions with the department before their transfer to the
withdrawing political subdivision and are entitled to suffer no loss in
pay, pension, fringe benefits or other job benefits by reason of the
transfer.

      3.  Sick leave, longevity and vacation time accrued to such
employees in the service of the department must be credited to them as
employees of the law enforcement agency of the withdrawing political
subdivision. All rights and accruals of such employees as members of the
Public Employees’ Retirement System pursuant to the Public Employees’
Retirement Act remain in force and must be automatically transferred from
the department to the law enforcement agency of the withdrawing political
subdivision.

      4.  The duties and responsibilities of such employees must not be
diminished by reason of their transfer to the withdrawing political
subdivision, but their area and division of assignment may be changed at
the discretion of the chief law enforcement officer of the law
enforcement agency of the withdrawing political subdivision.

      (Added to NRS by 2001, 1657 )


      1.  Upon the dissolution of a department, employees of the
department may, at the discretion of the employee, obtain employment with
the political subdivision in the boundaries of which the employee had
performed the majority of his duties for the department during the fiscal
year immediately preceding dissolution.

      2.  Such employees must hold positions of rank and grade comparable
to their positions before dissolution and are entitled to suffer no loss
in pay, pension, fringe benefits or other job benefits by reason of the
dissolution.

      3.  Sick leave, longevity and vacation time accrued to such
employees in the service of the department must be credited to them as
employees of the law enforcement agencies of the political subdivisions
participating in the department at the time of dissolution. All rights
and accruals of such employees as members of the Public Employees’
Retirement System pursuant to the Public Employees’ Retirement Act remain
in force and must be automatically transferred from the department to
such law enforcement agencies.

      4.  The duties and responsibilities of such employees must not be
diminished by reason of the dissolution, but their area and division of
assignment may be changed at the discretion of chief law enforcement
officers of the law enforcement agencies of the political subdivisions to
which the employees are transferred upon dissolution.

      (Added to NRS by 2001, 1657 )


      1.  Any contract, franchise or other agreement into which a
department enters after merger for goods or services is subject to
rescission by either party if one or more of the participating political
subdivisions withdraw from the department or the department is dissolved.

      2.  A valid claim against a department arising from law enforcement
activity is not diminished or altered by reason of the dissolution of the
department. The participating political subdivisions at the time of
dissolution are liable for any claims resulting from any pending action
or proceeding which involves any debt, demand, liability or obligation or
which has been brought by or against the department after the merger,
irrespective of the nature of such matter in litigation.

      (Added to NRS by 2001, 1658 )

METROPOLITAN POLICE COMMITTEE ON FISCAL AFFAIRS


      1.  The committee consists of two representatives from each
participating political subdivision.

      2.  Representatives of the participating political subdivisions are
not entitled to receive any additional compensation or be reimbursed by
the department for any expenses incurred while serving on the committee.

      3.  Each representative of a participating political subdivision
must be a member of its governing body and serves at the pleasure of the
governing body making the appointment.

      4.  The members of the committee shall, by majority vote, select an
additional member of the committee from the general public from a list
consisting of three persons nominated by each participating political
subdivision and three persons nominated by the sheriff. That person:

      (a) Must reside in the area served by the department.

      (b) Shall serve until August 1 next succeeding and until his
successor is selected.

      (c) May succeed himself.

      (d) Is entitled to receive as compensation $40 for each day of
service.

      (e) Is entitled to reimbursement for his necessary travel and per
diem expenses in the manner provided by the committee for the
reimbursement of officers and employees of the department.

      5.  If the members of the committee fail to agree on the additional
member to be selected pursuant to subsection 4 within 30 days after their
initial meeting following the merger or by August 1 of any year
thereafter, the additional member of the committee must be appointed by
the Governor without regard to the lists submitted. The person so
appointed must reside in the area served by the department.

      6.  At its first meeting and in August of each year thereafter, the
committee shall select one of its members to act as chairman.

      (Added to NRS by 1973, 916; A 1975, 1283; 1977, 364, 581; 1981, 636)


      1.  A majority of the committee is a quorum for the transaction of
business if it includes at least one representative from each
participating political subdivision.

      2.  Except as otherwise provided in this chapter, when a vote of
the committee is required to transact business, the vote is a majority of
the quorum present and voting on the matter in question.

      (Added to NRS by 1973, 917; A 1977, 365; 1981, 637)
 Members of the committee may
administer all oaths or affirmations necessary in discharging the duties
of their office.

      (Added to NRS by 1973, 917; A 1981, 637)
 The committee shall
employ a clerk and may employ other clerical personnel necessary to the
discharge of its duties. The clerk is secretary for the committee.

      (Added to NRS by 1973, 917; A 1975, 1283; 1977, 365; 1981, 637)


      1.  The committee shall meet at least once each quarter on a
regularly scheduled day and may meet more often upon the call of the
chairman, either on his own motion or at the request of any two members
of the committee.

      2.  The clerk of the committee shall give written notice of each
special meeting to each member of the committee at least 1 day before the
meeting or by mailing the notice to each member’s place of residence in
the county at least 3 days before the meeting.

      3.  The notice must specify the time, place and purpose of the
meeting. If all of the members of the committee who did not receive
notice are present at the special meeting, lack of notice does not
invalidate the proceedings.

      (Added to NRS by 1973, 917; A 1981, 637)

FINANCES


      1.  The committee shall:

      (a) Direct the department to prepare and shall approve an annual
operating budget for the department.

      (b) Submit the budget to the governing bodies of the participating
political subdivisions before May 1 for funding for the following fiscal
year.

      (c) Direct the department to prepare and shall adopt the funding
apportionment plan provided for in NRS 280.201 and submit the plan before February 1 to the
governing bodies of the participating political subdivisions for
approval. The governing bodies shall approve or reject the plan before
March 1.

      2.  If any of the governing bodies fails to approve the
apportionment plan, the plan or any disputed element thereof must be
submitted to an arbitration panel for resolution. The governing body of
each participating political subdivision shall name one arbitrator to the
panel, who must reside within this State. If this results in an even
number of arbitrators, the arbitrators so named shall, by majority vote,
select an additional arbitrator, who must reside within this State and
who shall serve as chairman of the panel. The department shall provide
such advice and technical and clerical assistance as is requested by the
panel. The panel must make its decision and submit it to the
participating political subdivisions before April 1. When submitted, the
decision is final and binding upon the participating political
subdivisions. Except as otherwise provided in this section, the
provisions of NRS 38.206 to 38.248
, inclusive, apply.

      (Added to NRS by 1973, 917; A 1975, 1283, 1682; 1977, 365; 1979,
532; 1981, 638; 1987, 1492; 2001, 1285 ; 2003, 35 , 41 ; 2005, 102 )


      1.  The funding apportionment plan must exclude the cost of:

      (a) Operating and maintaining a county or a branch county jail;

      (b) A rural program of resident officers, where applicable; and

      (c) Any program of contract services which is totally funded by the
contracting agency or entity.

Ê The costs described in paragraphs (a) and (b) are a proper charge
against the county. The capital costs of building a county or a branch
county jail are the responsibility of the board of county commissioners.

      2.  If a department operates a program for school crossing guards,
each participating political subdivision must pay the cost of operating
the positions located within its jurisdiction.

      3.  The funding apportionment plan must apportion the anticipated
costs of operating and maintaining the department, and capital costs,
after deducting all anticipated revenue internally generated by the
department, among the participating political subdivisions according to
the formula developed by the department pursuant to this section.

      4.  Except as otherwise provided in subsection 1, an additional tax
ad valorem that is levied pursuant to the approval of the voters must be
levied at a uniform rate in the unincorporated area of the county and in
each participating city.

      5.  In developing the formula, the department must divide its
budget into the following functional areas:

      (a) Activities which are the responsibility of any one of the
participating political subdivisions.

      (b) Contract services which are performed solely for another agency
or entity.

      (c) Administrative or supporting activities.

      (d) The remaining activities, services or programs are to be
allocated to those functional areas which are to be jointly funded by the
participating political subdivision.

Ê Contract services which are performed solely for another agency or
entity must each be identified as a separate functional area.

      6.  The department must identify the bureaus, sections, divisions
and groups that are assigned to each functional area. Each functional
area must be a separate accounting unit within the budget of the
department for the purpose of apportioning the cost among the
participating political subdivisions.

      7.  The costs of the activities of administration or support must
be allocated to the other functional area to which they apply in the
ratio that the cost of each functional area bears to the combined costs
of the other functional areas.

      8.  The costs of each functional area which is to be jointly
funded, including the administrative and support costs allocated in
accordance with subsection 6, must be apportioned among the participating
political subdivisions as follows:

      (a) The cost of uniformed functions in the field must be
apportioned on a percentage basis according to the comparative
cumulative, unweighted percentage relationship among the participating
political subdivisions of the permanent population of the participating
political subdivisions, as determined annually by the Governor, the total
number of calls for service which were dispatched by the department in
each participating political subdivision, excluding:

             (1) Calls for service with respect to felony crimes;

             (2) Calls for service originating in those areas which were
served by a rural program of resident officers; and

             (3) Calls for service originating from a program of contract
services which is totally funded by the contracting agency or entity,

Ê and the total number of felonies which were reported in each
participating political subdivision, excluding reports of felonies
originating from a rural program of resident officers or a program of
contract services. The number of calls for service and the number of
felonies reported must have been made during the 12 months preceding
January 1 of the current fiscal year.

      (b) The cost of the investigative function must be apportioned on a
percentage basis according to the comparative cumulative, unweighted
percentage relationship among the participating political subdivisions of
the total number of felonies which were reported in each participating
political subdivision during the 12 months preceding January 1 of the
current fiscal year.

      9.  For the purpose of subsection 8, the population attributable to
a county does not include the population of the cities within that county
or the population of those areas within that county which are served by a
rural program of resident officers.

      10.  The department shall maintain all of the statistics necessary
to effectuate the funding apportionment plan and shall maintain accurate
records in support of the determination required in order to comply with
this section.

      11.  If, in the initial year of the merger, the statistics
necessary to determine the funding apportionment plan for the remainder
of that year are incomplete, the department shall prepare a funding
apportionment plan for the remainder of that year based upon the most
accurate statistics available, and apply it as closely as possible in the
manner prescribed in this section. The fact that a budget, a funding
apportionment plan and a rural program of resident officers are not
prepared and submitted when due does not invalidate any of them.

      (Added to NRS by 1977, 363; A 1979, 1002; 1981, 638; 1987, 1493;
1997, 2876)


      1.  Upon merger, the county auditor or county comptroller of a
county which has a department shall:

      (a) Create in the county treasury one or more funds and accounts
within those funds, pursuant to the provisions of NRS 354.470 to 354.626 , inclusive, as the department may request, for the exclusive
use of the department.

      (b) Receive all money from the county, participating cities and any
other source on behalf of the department and deposit the money in the
appropriate department fund.

      (c) Receive all money collected by the department for any purpose,
except criminal and civil fines, and deposit the money in the appropriate
department fund.

      (d) Issue warrants against a department fund in the manner provided
in this chapter.

      (e) Credit any interest earned on money held in a department fund
to any such fund designated by the department.

      (f) Retain in each department fund any balances remaining at the
end of each fiscal year.

      2.  Within 30 days after the effective date of the withdrawal of a
participating political subdivision from the department, the county
auditor or county comptroller shall issue a warrant to pay to the
withdrawing political subdivision any money held in a department fund
that is attributable to the withdrawing political subdivision based on
the proportion that the total budgetary contribution of the withdrawing
political subdivision to the department bears to the total budgetary
contributions of all the participating political subdivisions to the
department since the time of merger.

      3.  Within 30 days after the effective date of the dissolution of
the department, the county auditor or county comptroller shall disburse
any money held in a department fund to the participating political
subdivisions at the time of dissolution based on the proportion that the
total budgetary contribution of each participating political subdivision
to the department bears to the total budgetary contributions of all the
participating political subdivisions to the department since the time of
merger.

      (Added to NRS by 1973, 918; A 1977, 366; 1981, 640; 2001, 1659
)
 The committee may
examine and audit the accounts of all officers responsible for the care,
management, collection or disbursement of any money belonging to the
department or appropriated by law or otherwise, for its use and benefit.

      (Added to NRS by 1973, 918; A 1981, 641)
 The committee shall examine,
settle and allow all accounts legally chargeable against the department.

      (Added to NRS by 1973, 918; A 1981, 641)


      1.  Every demand against a department, except a demand for the
sheriff’s salary, a contested claim or demand or a demand required by the
committee to be submitted to it, after the demand is approved and signed
by the sheriff or his designee, must be listed on a cumulative voucher
sheet and audited by the county auditor or comptroller.

      2.  The county auditor or comptroller shall satisfy himself whether
the money demanded is legally due and remains unpaid, and whether its
payment from the treasury is authorized by law, and out of what fund.

      3.  The county auditor or comptroller and the county treasurer must
sign the cumulative voucher sheets and the warrants. The county treasurer
shall send a signed copy of the cumulative voucher sheets to the
committee.

      4.  A majority of the members of the committee must approve a
contested claim or a demand required to be submitted to the committee
before such a demand is paid from the department’s fund. A contested
demand must be paid as provided in NRS 280.260 .

      (Added to NRS by 1973, 918; A 1981, 215, 641; 1989, 990)


      1.  If the county auditor or comptroller refuses to allow the
payment of any demand, the demand must be presented to the committee with
the refusal of the county auditor or comptroller endorsed thereupon and
his reasons for the refusal.

      2.  If the committee, by a unanimous vote of all its members orders
the issuance of a warrant in such a case, the county auditor or
comptroller shall immediately issue the warrant upon service upon him of
a copy of the committee’s order on which the secretary of the committee
has certified that all its members voted for its passage; otherwise, the
demand must be declared rejected, and no warrant may thereupon issue.

      3.  If the county auditor or comptroller allows such a demand in
part, a warrant may be issued only for that part unless the committee
allows a greater sum by a unanimous vote of its members.

      4.  No warrant may be drawn by the county auditor or comptroller on
a department’s fund, unless there is sufficient money in the fund to pay
the warrant. Any warrant drawn contrary to the provisions of this
subsection is void.

      (Added to NRS by 1973, 919; A 1981, 215, 641)


      1.  In each county in which a metropolitan police department is
established, there is hereby created a taxing district consisting of:

      (a) The area within the boundaries of each incorporated city which
participates in the department; and

      (b) The area of the county outside the boundaries of any
incorporated city.

      2.  A taxing district must not be used for any purpose not
specifically authorized by the provisions of this chapter.

      3.  The boundary of the taxing district must not be altered or
abolished as a result of the withdrawal of a participating political
subdivision from the department or the dissolution of the department in
such a manner as to impair any outstanding bonds or other obligations
that are payable from or secured by a pledge of a tax imposed in the
taxing district until those bonds or other obligations have been
discharged in full.

      (Added to NRS by 1991, 1061; A 2001, 1659 ; 2003, 434 )


      1.  The committee may, with the consent of the governing body of
the county and each participating city, borrow money from time to time as
general obligations to construct buildings or improve property used by
the department, except a county or city jail or detention facility. For
this purpose, the committee is a “governing body” within the meaning of
NRS 350.524 .

      2.  If general obligations are issued pursuant to this section, the
committee shall determine the amount required in each fiscal year to pay
the interest and required installments of principal, and report this
amount to the Nevada Tax Commission as the budgets of local governments
are reported, for the levy of the requisite tax on all taxable property
within the taxing district.

      3.  For the purposes of any debt limitation of a county or city,
obligations issued pursuant to this section shall be deemed to be the
respective general obligations of the county and each of the cities in
the same proportion as the percentage of the department’s expenses paid
by the county and each of the cities pursuant to the formula in effect at
the time the obligations are issued.

      4.  If a participating political subdivision withdraws from the
department, the withdrawing political subdivision becomes liable for the
proportion of the indebtedness for the general obligations issued
pursuant to this section that is attributable to the withdrawing
political subdivision based on the percentage of the department’s
expenses paid by the withdrawing political subdivision pursuant to the
formula in effect at the time the general obligations were issued.

      5.  Each participating political subdivision at the time of
dissolution becomes liable for the proportion of the indebtedness for the
general obligations issued pursuant to this section that is attributable
to each participating political subdivision based on the percentage of
the department’s expenses paid by each participating political
subdivision pursuant to the formula in effect at the time the general
obligations were issued.

      (Added to NRS by 1991, 1061; A 2001, 1659 )


      1.  The committee may, with the consent of the governing body of
each participating political subdivision and the debt management
commission in the participating county, propose to the registered voters
of the taxing district, at a county general election, the question of
whether an additional ad valorem tax shall be levied on all taxable
property within the taxing district for the support of the department for
the purpose of employing additional police officers.

      2.  The question submitted to the voters must include information
regarding:

      (a) The initial ad valorem tax rate and the method for determining
the ad valorem tax rate for each fiscal year; and

      (b) The rate of the proposed additional property tax stated in
dollars and cents per $100 assessed valuation, the purpose of the
proposed additional property tax, the duration of the proposed additional
property tax and an estimate established by the committee of the increase
in the amount of property taxes that an owner of a new home with a fair
market value of $100,000 will pay per year as a result of the passage of
the question.

      3.  For the purposes of NRS 350.011 to 350.0165 , inclusive, a committee shall be deemed a municipality or a
governing body of a municipality.

      (Added to NRS by 2003, 433 )
265 ; rate;
collection; use of proceeds.  If the voters of the taxing district
approve the levy of an additional ad valorem tax pursuant to NRS 280.265
:

      1.  The board of county commissioners of the county in which the
taxing district is located shall impose the tax annually at the rate
approved by the voters;

      2.  A county officer charged with the duty of collecting ad valorem
taxes shall collect the tax in the same form and manner, and with the
same interest and penalties, as other ad valorem taxes are collected, and
shall pay all revenue generated by the tax, including all interest and
penalties, to the department upon collection; and

      3.  The committee shall authorize the department to use the
proceeds only for the purpose of employing additional police officers and
the incurrence of related costs.

      (Added to NRS by 2003, 434 )


      1.  Upon the adoption of a resolution pursuant to NRS 350.087
, the committee may issue a medium-term obligation to purchase
capital equipment or enter into a lease-purchase agreement for capital
equipment.

      2.  The committee is not required to comply with the provisions of
NRS 350.089 if it enters a lease-purchase agreement for capital equipment.

      3.  If a participating political subdivision withdraws from the
department, the withdrawing political subdivision becomes liable for the
proportion of the indebtedness for the medium-term obligations issued
pursuant to this section that is attributable to the withdrawing
political subdivision based on the percentage of the department’s
expenses paid by the withdrawing political subdivision pursuant to the
formula in effect at the time the medium-term obligations were issued.

      4.  Each participating political subdivision at the time of
dissolution becomes liable for the proportion of the indebtedness for the
medium-term obligations issued pursuant to this section that is
attributable to each participating political subdivision based on the
percentage of the department’s expenses paid by each participating
political subdivision pursuant to the formula in effect at the time the
medium-term obligations were issued.

      (Added to NRS by 1997, 1296; A 2001, 1660 , 2317 ; 2003, 69 )
 The
county auditor or comptroller of a county in which a department is
located shall comply with the provisions of NRS 616B.224 on behalf of the department.

      (Added to NRS by 1973, 919; A 1999, 1734 )

ADMINISTRATION AND POWERS


      1.  Upon the formation of a department, every power and duty
conferred or imposed by law upon a county sheriff which relates to law
enforcement, and upon a chief of police or police department of any
participating city, devolves automatically upon the department. After the
formation of a department, contracts to furnish police services must be
made with the department and not with a participating political
subdivision.

      2.  The department may, upon the approval of the committee and in
compliance with chapter 332 of NRS, enter
into contracts to purchase goods and services necessary to operate and
maintain the department.

      3.  The department may sue or be sued in its own name with respect
to any contract it is permitted by law to enter.

      4.  The department is responsible for the defense of any claim and
for any judgment arising out of any act or omission to act on the part of
the committee, the sheriff, or any officer, employee or agent of the
department, for which a political subdivision of the State may be held
responsible pursuant to NRS 41.0305 to
41.039 , inclusive. The department may
sue or be sued with regard to these matters.

      5.  The department may:

      (a) Insure itself against any liability arising under subsection 4.

      (b) Insure the members of the committee, the sheriff, and any of
its officers, employees and agents against tort liability resulting from
an act or an omission to act in the scope of his duties or employment.

      (c) Insure against the expense of defending a claim against itself,
the committee, the sheriff or any of its officers, employees or agents
whether or not liability exists on the claim.

      (Added to NRS by 1973, 919; A 1977, 366; 1981, 642; 1987, 96)
 A
department may enter into a contract with a county or any participating
city for the operation or maintenance, or both, by the department with
its own employees of a jail established by the other contracting party.

      (Added to NRS by 1983, 731)


      1.  The department may enter into a contract with the board of
trustees of the school district located in the county served by the
department for the provision and supervision of police services in the
public schools within the school district and on property owned by the
school district. If the department enters into a contract pursuant to
this section, the department shall create a separate unit designated as
the school police unit for this purpose.

      2.  The department may establish different qualifications and
training requirements for officers assigned to the school police unit
than those generally applicable to officers of the department.

      (Added to NRS by 1999, 3463 )


      1.  The committee may establish, by contract or otherwise, and
administer a disability pension plan or disability insurance program for
the benefit of any police officer of the department who is disabled, to
any degree, by an injury arising out of and in the course of his
employment. The cost of the plan or program may be charged, in whole or
in part, against the annual operating budget for the department.

      2.  The committee may adopt rules, policies and procedures
necessary to establish and administer the plan or program specified in
subsection 1.

      3.  If the committee elects to consider implementation of a plan or
program specified in subsection 1, or to change the benefits provided by
an existing plan or program, the persons affected by the proposed plan or
program, or proposed change, may negotiate with:

      (a) The committee or two or more persons designated by it; and

      (b) The sheriff or a person designated by him,

Ê concerning the nature and extent of the plan, program or change.
Chapter 288 of NRS applies to negotiations
for this purpose.

      4.  The plan or program authorized by this section must be
supplemental or in addition to and not in conflict with the coverage,
compensation, benefits or procedure established by or adopted pursuant to
chapters 616A to 616D , inclusive, or chapter 617 of NRS.

      5.  The benefits provided for in this section are supplemental to
other benefits an employee is entitled to receive on account of the same
disability. In no event may the benefits provided for in this section,
when added to benefits provided for or purchased by the expenditure of
public money, exceed the maximum amount of benefits an employee is
entitled to receive if he has been a member of the department or agency
for 10 years or more.

      (Added to NRS by 1975, 1299; A 1981, 642; 1999, 234 )
 The sheriff of the county in which a department
is located may adopt such policies, procedures, rules and regulations for
the administration of the department and the employees of the department
as he deems appropriate without obtaining the approval of the board or
the committee. Such policies, procedures, rules and regulations must not
conflict with the regulations prepared by the board and adopted by the
committee pursuant to subsection 4 of NRS 280.310 .

      (Added to NRS by 2001, 688 )


      1.  Each department shall have a system of civil service,
applicable to and governing all employees of the department except
elected officers and such other positions as designated by the committee.

      2.  The system of civil service must be governed by a board
composed of five civil service trustees appointed by the committee. Upon
creation of the board, the committee shall appoint one trustee for a term
of 2 years, two trustees for terms of 3 years and two trustees for terms
of 4 years. Thereafter the terms of all trustees are 4 years.

      3.  The members of the board may administer any oath or affirmation
necessary in discharging its duties. The board may issue subpoenas in the
discharge of its duties in the same manner as a subpoena is issued in a
civil action.

      4.  The board shall prepare regulations governing the system of
civil service to be adopted by the committee. The regulations must
provide for:

      (a) Examination of potential employees;

      (b) Recruitment and placement procedures;

      (c) Classification of positions; and

      (d) Procedures for promotion, disciplinary actions and removal of
employees.

      5.  Copies of the regulations of the system of civil service must
be distributed to all employees of the department.

      6.  The sheriff shall designate a personnel officer to administer
the personnel functions of the department according to the policies and
regulations of the board.

      7.  In any hearing or other proceeding conducted by the board, an
employee of the department, may represent himself or be represented by
any person of the employee’s own choosing.

      (Added to NRS by 1973, 920; A 1977, 366; 1979, 1125; 1981, 643;
1997, 1356; 2001, 688 )


      1.  A department is a local government employer for the purpose of
the Local Government Employee-Management Relations Act and a public
employer for the purpose of the Public Employees’ Retirement Act.

      2.  In negotiations arising under the provisions of chapter 288
of NRS:

      (a) The committee or two or more persons designated by it; and

      (b) The sheriff or a person designated by him,

Ê shall represent the department.

      3.  In negotiations arising under the provisions of chapter 288
of NRS, a school police unit must be
considered a separate bargaining unit.

      (Added to NRS by 1973, 921; A 1981, 644; 1999, 3463 )

PROPERTY


      1.  All bonds, contracts, franchises and agreements to which the
participating political subdivisions are parties and which relate to law
enforcement activity shall inure to the benefit of the department as the
successor and assignee of such political subdivisions in matters relating
to such activity.

      2.  No valid claims against the various participating political
subdivision arising from law enforcement activity shall be diminished or
altered by reason of a merger under this chapter.

      3.  Merger of the respective law enforcement agencies shall not
affect any pending action or proceeding which involves any debt, demand,
liability or obligation or which has been brought by or against any
participating political subdivision prior to the merger, irrespective of
the nature of such matter in litigation.

      (Added to NRS by 1973, 921)


      1.  Upon merger, the title to and possession of all personal
property which is:

      (a) Owned or held by, or in trust for, any of the participating
political subdivisions, or by their officers or agencies in trust for
public use; and

      (b) Exclusively devoted at the time of merger to the purposes of
law enforcement,

Ê shall be vested in and transferred to the department.

      2.  Property which is required to be transferred under the
provisions of this section must be inventoried and appraised before the
transfer in a manner which satisfies the accounting requirements of each
participating political subdivision, in order that values may be
determined as of the date of transfer.

      3.  The department shall hold title to all personal property it
acquires after the time of merger.

      4.  To acquire personal property, the department may, upon the
approval of the committee and by the unanimous vote of the members of the
governing body of each participating political subdivision, issue
negotiable notes in the amount of the purchase price thereof, which:

      (a) Mature not later than 5 years from the date of issuance; and

      (b) Bear interest at a rate not to exceed 12 percent per annum.

      5.  Each participating political subdivision shall provide in its
annual budget for the payment of the principal and interest on the
negotiable notes according to the funding apportionment plan established
pursuant to NRS 280.201 for the fiscal
year in which the negotiable notes were issued.

      6.  If the withdrawal of a participating political subdivision from
the department is approved pursuant to NRS 280.126 , any personal property held by, for the use
and benefit of or in trust for the department must be immediately
inventoried and appraised. The withdrawing political subdivision is
entitled to receive, on the effective date of the withdrawal, its share
of the value of the personal property, in cash or in kind, or both, or in
such other manner as determined by the committee, based upon the average
of:

      (a) The proportion that its total contribution of personal property
to the department bears to the total contributions of personal property
of all participating political subdivisions since the time of merger; and

      (b) The proportion that its total budgetary contribution to the
department bears to the total budgetary contributions of all
participating political subdivisions since the time of merger.

      7.  If the dissolution of the department is approved pursuant to
NRS 280.126 , any personal property held
by, for the use and benefit of, or in trust for the department must be
immediately inventoried and appraised. Each participating political
subdivision at the time of dissolution is entitled to receive, on the
effective date of the dissolution, its share of the value of the personal
property, in cash or in kind, or both, based upon the average of:

      (a) The proportion that its total contribution of personal property
to the department bears to the total contributions of personal property
of all participating political subdivisions to the department since the
effective date of the merger; and

      (b) The proportion that its total budgetary contribution to the
department bears to the total budgetary contributions of all
participating political subdivisions to the department since the
effective date of the merger.

      8.  Upon the effective date of the withdrawal from the department,
a withdrawing political subdivision becomes obligated for the payment of
its share of the unpaid balance of any negotiable note issued by the
department pursuant to subsection 4, determined in accordance with the
funding apportionment plan established pursuant to NRS 280.201 for the fiscal year in which the negotiable
note was issued. The department, becomes obligated for the payment of the
remainder of the unpaid balance.

      9.  Upon the effective date of the dissolution of the department,
each participating political subdivision at the time of dissolution
becomes obligated for the payment of its share of the unpaid balance of
any negotiable note issued by the department pursuant to subsection 4 in
the proportion that its total budgetary contribution to the department
during the fiscal year or years in which the personal property was
acquired bears to the total budgetary contributions of all participating
political subdivisions to the department during that period.

      (Added to NRS by 1973, 921; A 1981, 644; 2001, 1661 )


      1.  Upon merger, the department may possess all real property owned
or held by any of the participating political subdivisions for the
purposes of law enforcement at the time of adoption of the ordinance
providing for the merger.

      2.  Upon a showing of good cause and a majority vote of the
committee, the political subdivision which holds title to property:

      (a) Owned or held for the purposes of law enforcement at the time
of adoption of the ordinance providing for the merger; or

      (b) Acquired for the use and benefit of or in trust for the
department after the merger,

Ê may repossess the property for public use if the department no longer
needs it for the purposes of law enforcement.

      3.  The maintenance costs for any real property held for the use
and benefit of or in trust for a department must be paid by the
department.

      4.  The department may, upon the approval of the committee, lease
or rent real property for the purposes of law enforcement.

      5.  If the withdrawal of a participating political subdivision from
the department is approved pursuant to NRS 280.126 :

      (a) The right to possess any real property, the possession of which
passed to the department by operation of this section and the title to
which remains in the withdrawing political subdivision, reverts to the
withdrawing political subdivision upon the effective date of the
withdrawal.

      (b) Real property which was acquired for the use and benefit of or
in trust for the department after the merger must immediately be
inventoried and appraised. The withdrawing political subdivision is
entitled to receive, on the effective date of the withdrawal, its share
of the value of each parcel of real property, with improvements thereon,
in cash or in kind, or both, or in such other manner as determined by the
committee, in the proportion that its total budgetary contribution to the
department during the fiscal year or years in which the parcel was
acquired and improved bears to the total budgetary contributions of all
participating political subdivisions during that time.

      6.  If the dissolution of the department is approved pursuant to
NRS 280.126 :

      (a) The right to possess any real property, the possession of which
was passed to the department by operation of this section and the title
to which remains in a participating political subdivision, reverts to
that political subdivision on the effective date of the dissolution.

      (b) Real property that was acquired for the use and benefit of or
in trust for the department after the effective date of the merger must
immediately be inventoried and appraised. Each participating political
subdivision at the time of dissolution is entitled to receive, on the
effective date of the dissolution, its share of the value of each such
parcel of real property and any improvements on that property, in cash or
in kind, or both, in the proportion that its total budgetary contribution
to the department during the fiscal year or years in which the parcel was
acquired and improved bears to the total budgetary contributions of all
participating political subdivisions to the department during that period.

      (Added to NRS by 1973, 922; A 1981, 645; 1993, 29; 2001, 1662
)

MISCELLANEOUS PROVISIONS
 A metropolitan police department shall,
within 7 days after receipt of a written request of a person who claims
to have sustained damages as a result of an accident, or his legal
representative or insurer, and upon receipt of a reasonable fee to cover
the cost of reproduction, provide the person, his legal representative or
insurer, as applicable, with a copy of the accident report and all
statements by witnesses and photographs in the possession or under the
control of the department that concern the accident, unless:

      1.  The materials are privileged or confidential pursuant to a
specific statute; or

      2.  The accident involved:

      (a) The death or substantial bodily harm of a person;

      (b) Failure to stop at the scene of an accident; or

      (c) The commission of a felony.

      (Added to NRS by 1987, 1052; A 2005, 702 )




USA Statutes : nevada