USA Statutes : nevada
Title : Title 23 - PUBLIC OFFICERS AND EMPLOYEES
Chapter : CHAPTER 284 - STATE PERSONNEL SYSTEM
1. The Legislature declares that the purpose of this chapter is:
(a) To provide all citizens a fair and equal opportunity for public
service;
(b) To establish conditions of service which will attract officers
and employees of character and ability;
(c) To establish uniform job and salary classifications; and
(d) To increase the efficiency and economy of the agencies in the
Executive Department of the State Government by the improvement of
methods of personnel administration.
2. The Legislature declares that, in its considered judgment, the
proper administration of the Executive Department of our State Government
requires the enactment of this chapter.
[Part 1:351:1953]—(NRS A 1963, 485)
Subject to other applicable provisions of this chapter, it
is the policy of this State that persons with disabilities must be
afforded equal opportunities in employment by the State, by its political
subdivisions and in all other employment supported in whole or in part by
the State.
(Added to NRS by 1969, 586; A 1993, 469)
1. Except as otherwise provided in subsection 4, this chapter does
not apply to:
(a) Agencies, bureaus, commissions, officers or personnel in the
Legislative Department or the Judicial Department of State Government,
including the Commission on Judicial Discipline;
(b) Any person who is employed by a board, commission, committee or
council created in chapters 590 , 623 to 625A , inclusive, 628 , 630 to 644 , inclusive, 648 , 652 , 654 and 656 of NRS; or
(c) Officers or employees of any agency of the Executive Department
of the State Government who are exempted by specific statute.
2. Except as otherwise provided in subsection 3, the terms and
conditions of employment of all persons referred to in subsection 1,
including salaries not prescribed by law and leaves of absence,
including, without limitation, annual leave and sick and disability
leave, must be fixed by the appointing or employing authority within the
limits of legislative appropriations or authorizations.
3. Except as otherwise provided in this subsection, leaves of
absence prescribed pursuant to subsection 2 must not be of lesser
duration than those provided for other state officers and employees
pursuant to the provisions of this chapter. The provisions of this
subsection do not govern the Legislative Commission with respect to the
personnel of the Legislative Counsel Bureau.
4. Any board, commission, committee or council created in chapters
590 , 623 to 625A , inclusive, 628 , 630 to 644 , inclusive, 648 , 652 , 654 and 656 of NRS which contracts for the services of a person, shall require
the contract for those services to be in writing. The contract must be
approved by the State Board of Examiners before those services may be
provided.
(Added to NRS by 1963, 485; A 1971, 768; 1979, 1697; 1981, 1277,
1828; 1983, 179; 1989, 1710; 1991, 993; 1995, 801; 1999, 3064 ; 2003, 908 ; 2005, 1137 )
As used in this chapter, unless the
context otherwise requires:
1. “Commission” means the Personnel Commission.
2. “Department” means the Department of Personnel.
3. “Director” means the Director of the Department.
4. “Disability,” includes, but is not limited to, physical
disability, mental retardation and mental or emotional disorder.
5. “Essential functions” has the meaning ascribed to it in 29
C.F.R. § 1630.2.
6. “Public service” means positions providing service for any
office, department, board, commission, bureau, agency or institution in
the Executive Department of the State Government operating by authority
of the Constitution or law, and supported in whole or in part by any
public money, whether the money is received from the Government of the
United States or any branch or agency thereof, or from private or any
other sources.
[2:351:1953]—(NRS A 1963, 485, 1282; 1965, 674; 1981, 1683; 1983,
618; 1993, 469; 2003, 1436 )
1. All officers and employees in the Executive Department of the
State Government shall:
(a) Conform to, comply with and aid in all proper ways in carrying
out the provisions of this chapter and the regulations prescribed under
it.
(b) Furnish any records or information which the Director or the
Commission may request for any purpose of this chapter.
2. This chapter does not limit the authority of elective officers
and heads of departments to conduct and manage the affairs of their
departments as they see fit.
[57:351:1953]—(NRS A 1963, 486, 1283; 1983, 619)
The Department may include within
the Personnel System all employees of any governmental agency acquired
for administration by the State.
(Added to NRS by 1965, 255; A 1981, 1684; 1983, 619)
ADMINISTRATION
1. The Department of Personnel is hereby created.
2. The Department shall administer the provisions of this chapter.
[4:351:1953]—(NRS A 1963, 1035; 1983, 619)
1. There is hereby created in the Department a personnel
commission composed of five members appointed by the Governor.
2. The Governor shall appoint:
(a) Three members who are representatives of the general public and
have a demonstrated interest in or knowledge of the principles of public
personnel administration.
(b) One member who is a representative of labor and has a
background in personnel administration.
(c) One member who is a representative of employers or managers and
has a background in personnel administration.
[Part 5:351:1953]—(NRS A 1963, 1035; 1983, 619, 774)
No member of the Commission shall have held a partisan political office
or have been an employee of the State within the calendar year
immediately preceding his appointment, nor shall he seek or hold such an
office or employment during his term as a member of the Commission.
[7:351:1953]
1. The members of the Commission shall serve at the pleasure of
the Governor, but no appointment shall extend beyond a period of 4 years
from the date of expiration of the preceding appointment.
2. Continued absence from meetings shall constitute good and
sufficient cause for removal of a member by the Governor.
[Part 5:351:1953] + [6:351:1953]
1. While engaged in official business of the Department, the
members of the Commission are entitled to receive a salary of not more
than $80 per day, as fixed by the Commission.
2. While engaged in the business of the Department, each member
and employee of the Commission is entitled to receive the per diem
allowance and travel expenses provided for state officers and employees
generally.
[10:351:1953]—(NRS A 1963, 1036; 1975, 297; 1981, 1979; 1983, 619;
1985, 391; 1989, 1710)
1. The Governor shall designate one of the members of the
Commission as Chairman of the Commission.
2. The Director shall act as the nonvoting recording Secretary of
the Commission. He shall keep the minutes and audio recordings or
transcripts of the proceedings of the Commission.
[Part 5:351:1953] + [Part 8:351:1953] + [Part 15:351:1953]—(NRS A
1963, 1036; 1983, 619; 2005, 1408 )
1. The members of the Commission may meet at the times and places
specified by the call of the Chairman or a majority of the Commission,
but a meeting of the Commission must be held regularly at least once
every 3 months.
2. Three members of the Commission constitute a quorum. A quorum
may exercise any power conferred on the Commission, but no regulations
may be adopted, amended or rescinded except by a majority vote of the
entire membership of the Commission.
3. The Commission shall keep minutes and audio recordings or
transcripts of the transactions of each meeting. Except as otherwise
provided in NRS 241.035 , the minutes,
audio recordings and transcripts are public records and must be filed
with the Department.
[Part 8:351:1953] + [Part 9:351:1953]—(NRS A 1963, 1036; 1983, 619,
1440; 2005, 1409 )
The
Commission shall prescribe rules and regulations for its own management
and government.
[Part 8:351:1953]
1. The Commission has only such powers and duties as are
authorized by law.
2. In addition to the powers and duties set forth elsewhere in
this chapter, the Commission shall:
(a) Advise the Director concerning the organization and
administration of the Department.
(b) Report to the Governor biennially on all matters which the
Commission may deem pertinent to the Department and concerning any
specific matters previously requested by the Governor.
(c) Advise and make recommendations to the Governor or the
Legislature relative to the personnel policy of the State.
(d) Adopt regulations to carry out the provisions of this chapter.
(e) Foster the interest of institutions of learning and of civic,
professional and employee organizations in the improvement of personnel
standards in the state service.
(f) Review decisions of the Director in contested cases involving
the classification or allocation of particular positions.
(g) Exercise any other advisory powers necessary or reasonably
implied within the provisions and purposes of this chapter.
[Part 8:351:1953] + [Part 9:351:1953]—(NRS A 1963, 1036; 1979, 356;
1983, 620; 2003, 1436 )
1. The Employee-Management Committee, consisting of six members
appointed by the Governor, is hereby created.
2. The Governor shall appoint to the Committee:
(a) Three persons to represent management within the Executive
Department of State Government, and three persons to serve as alternates
for them.
(b) Three persons to represent employees within the Executive
Department of State Government, and three persons to serve as alternates
for them.
3. The representatives of employees and their alternates must be
selected from a list, supplied by state employees or one or more state
employees’ groups, or any combination of these, containing twice as many
names as there are vacancies to be filled.
4. The members of the Committee and the alternates shall serve for
2 years.
(Added to NRS by 1983, 361)
1. The Chairman of the Employee-Management Committee must be
chosen by a majority vote of the members.
2. The Committee shall adopt such rules as it deems necessary for
its own management.
3. The Committee shall meet at least once every 3 months and at
such other times as the Chairman may designate.
4. The Department shall provide secretarial services for the
Committee.
(Added to NRS by 1983, 361; A 1983, 644)
The
Employee-Management Committee shall:
1. Serve in an advisory capacity to the Governor, the Commission
and the Department with respect to all matters of personnel
administration and relations between management and employees.
2. Receive, consider and make recommendations on matters relating
to personnel administration, policy and procedures.
3. Provide a forum for the hearing of employees’ suggestions,
complaints or disciplinary problems.
4. Provide a means of communication for disseminating information
to employees regarding the personnel program.
5. Hold hearings, when requested, and make final decisions for the
adjustment of grievances as provided by the regulations of the Commission.
(Added to NRS by 1983, 361; A 1983, 644)
1. In carrying out the provisions of subsection 5 of NRS 284.073
, the Chairman of the
Employee-Management Committee may issue subpoenas to compel the
attendance and testimony of a person that the Committee finds, based upon
its information and belief, has direct personal knowledge of the issues
presented in the grievance, and to compel the production of books, papers
and other items that are relevant to a matter being investigated or
considered by the Committee.
2. If a person named in a subpoena fails or refuses to attend or
testify before the Committee, to answer any questions propounded by the
Committee or to produce the books, papers or other items required by the
subpoena, the Chairman of the Committee may petition the district court
to enter an order compelling the person to attend and testify before the
Committee, to answer the questions propounded by the Committee or to
produce the books, papers or other items required by the subpoena. The
petition filed by the Chairman must set forth that:
(a) Due notice has been given to the person named in the subpoena
of the time and place for his attendance and testimony before the
Committee or for the production of the books, papers or other items
required by the subpoena;
(b) The person has been subpoenaed by the Chairman of the Committee
pursuant to this section; and
(c) The person has failed or refused to attend or testify before
the Committee, to answer certain questions propounded by the Committee or
to produce the books, papers or other items required by the subpoena.
3. Upon such a petition, the court shall enter an order directing
the person named in the subpoena to:
(a) Appear before the court at the place and time designated in the
order. The time designated by the court must be not later than 10 days
after the date of the order.
(b) Show cause why the person has failed or refused to attend or
testify before the Committee, to answer the questions propounded by the
Committee or to produce the books, papers or other items required by the
subpoena.
Ê A certified copy of the order must be served upon the person named in
the subpoena.
4. If it appears to the court that the subpoena was regularly
issued by the Chairman of the Committee and properly served, the court
shall enter an order directing the person named in the subpoena to appear
before the Committee at the place and time designated in the order and to
testify before the Committee, to answer the questions propounded by the
Committee or to produce the books, papers or other items required by the
subpoena. Failure to obey the order constitutes contempt of court.
(Added to NRS by 2003, 2001 )
1. A subpoena issued by the Chairman of the Employee-Management
Committee extends to all parts of this state and must be served in
accordance with the provisions of N.R.C.P. 4 (c). The Chairman may not require a person named in a subpoena
to attend at a place outside the county in which the person resides
unless:
(a) The location of the place is less than 100 miles from the
person’s primary residence; or
(b) A party, by affidavit, shows that the testimony of the person
is material and necessary to the proceedings and the Chairman endorses on
the subpoena an order requiring the person to attend at the place named
in the subpoena, regardless of its location in this state.
2. A person who appears before the Committee pursuant to a
subpoena is entitled to receive fees and mileage in the same amounts and
under the same circumstances as prescribed by law for a witness in a
civil action in the district court, unless the person is a party to the
proceeding or an officer or employee of this state or any of its
political subdivisions.
3. If a person who is entitled to receive fees and mileage
pursuant to subsection 2 must appear at a hearing before the Committee at
a place located so far from his primary residence that it is not
reasonable for the person to return to that residence from day to day,
the person is entitled, in addition to fees and mileage, to receive the
per diem compensation for subsistence and transportation authorized by
NRS 281.160 for each day of actual
attendance at such a hearing and for each day necessarily occupied in
traveling to and from such a hearing.
4. Except as otherwise provided in subsection 5, a party who
requests that the Chairman issue a subpoena to a person shall pay to the
Committee the amount of any compensation for subsistence and
transportation that the person is entitled to receive from the Committee
pursuant to subsection 3.
5. As part of an award of costs to the party who prevails in a
proceeding, the Committee may require the party who did not prevail in
the proceeding to pay to the Committee the amount of any compensation for
subsistence and transportation that the prevailing party would have
otherwise been required to pay to the Committee pursuant to subsection 4.
(Added to NRS by 2003, 2002 )
The Director:
1. Must be appointed by, is responsible to and serves at the
pleasure of the Governor.
2. Is in the unclassified service of the State.
3. Shall not engage in any other gainful employment or occupation.
4. Must be selected with special reference to his training,
experience, capacity and interest in the field of personnel
administration. His knowledge and abilities should include:
(a) A comprehensive knowledge of the principles and practices of
personnel administration.
(b) A working knowledge of job and salary classification methods.
(c) An extensive knowledge of the organization and operations of
state departments, agencies and institutions, and of statutes and
regulations concerning government personnel.
(d) An extensive knowledge of principles of public organization and
administration.
(e) Administrative ability in the direction of staff analyses of
government salaries and positions, and in the maintenance of effective
working relationships with all state officials concerned with personnel.
(f) Ability to organize and present clearly oral and written
reports of findings and recommendations.
5. Must have progressively responsible experience in personnel
administration in an amount to be determined by the Commission and have
been graduated from an accredited 4-year college or university, or have
an equivalent combination of experience in personnel administration or
training, substituting 2 years of experience for 1 year of training.
[13:351:1953] + [14:351:1953]—(NRS A 1963, 1036; 1983, 620)
A majority of
the members of the Commission shall appoint one or more hearing officers
to conduct hearings and render decisions as provided in NRS 284.376
and 284.390 .
(Added to NRS by 1973, 588; A 1983, 247)
The Director shall appoint
such employees of the Department and such expert and special assistants
as may be necessary to carry out effectively the provisions of this
chapter.
[Part 15:351:1953] + [16:351:1953] + [Part 68:351:1953]—(NRS A
1963, 1037; 1975, 345; 1983, 621)
1. The Director shall direct and supervise all administrative and
technical activities of the Department.
2. In addition to the duties imposed upon him elsewhere in this
chapter, the Director shall:
(a) Apply and carry out the provisions of this chapter and the
regulations adopted pursuant to it.
(b) Establish objectives for the Department in terms which are
specific, measurable and conducive to reliable evaluation, and develop a
plan for accomplishing those objectives.
(c) Establish a system of appropriate policies for each function
within the Department.
(d) Attend all meetings of the Commission.
(e) Advise the Commission with respect to the preparation and
adoption of regulations to carry out the provisions of this chapter.
(f) Report to the Governor and the Commission upon all matters
concerning the administration of his office and request the advice of the
Commission on matters concerning the policies of the Department, but the
Director is responsible for the conduct of the Department and its
administrative functions unless otherwise provided by law.
(g) Establish and maintain a roster of all employees in the public
service. The roster must set forth, as to each employee:
(1) The class title of the position held.
(2) The salary or pay.
(3) Any change in class title, pay or status.
(4) Other pertinent data.
(h) In cooperation with appointing authorities and others, foster
and develop programs for improving the effectiveness and morale of
employees, including training and procedures for hearing and adjusting
grievances.
(i) Encourage and exercise leadership in the development of
effective personnel administration within the several departments in the
public service, and make available the facilities and services of the
Department and its employees to this end.
(j) Make to the Commission and to the Governor a biennial report
regarding the work of the Department and such special reports as he may
consider desirable.
(k) Maintain a continuous program of recruiting for the classified
service.
(l) Perform any other lawful acts which he may consider necessary
or desirable to carry out the purposes and provisions of this chapter.
[Part 12:351:1953] + [Part 15:351:1953]—(NRS A 1963, 486, 1283;
1983, 246, 621; 2003, 1436 )
1. The Personnel Operating Fund is hereby created as an internal
service fund.
2. The Department may accept on behalf of the State any grant or
contribution, federal or otherwise, made to assist in meeting the costs
of carrying out the purposes of this chapter. All such grants and
contributions must be deposited with the State Treasurer to the credit of
the Personnel Operating Fund.
3. All costs of administering the provisions of this chapter must
be paid out of the Personnel Operating Fund on claims in the same manner
as other claims against the State are paid.
[64:351:1953] + [67:351:1953]—(NRS A 1957, 217; 1960, 111; 1961,
714; 1963, 1038; 1977, 229; 1981, 255, 1684; 1983, 622)
1. The Director shall:
(a) Maintain accurate records reflecting the costs of administering
the provisions of this chapter.
(b) In preparation for the budget for each biennium, determine, on
the basis of experience during the 2 preceding fiscal years, the
estimated cost, expressed as a percentage of the gross annual salaries
paid, of carrying out the functions of the Department for the 2
succeeding fiscal years, and inform each department, agency and
institution operating under the provisions of this chapter of that cost.
2. Each department, agency and institution shall include in its
budget for each of the 2 succeeding fiscal years an amount of money equal
to the cost estimated pursuant to subsection 1.
3. Except as otherwise provided in subsection 4, on July 1 of each
year each department, agency and institution shall pay to the Director
for deposit in the Personnel Operating Fund an assessment equal to the
amount of money appropriated to or authorized for that department, agency
or institution pursuant to its budget for the costs of personnel
administration.
4. Any state department, agency or institution may pay the
assessment required by subsection 3 on a date or dates other than July 1
if compliance with federal law or regulation so requires.
5. Changes in assessments are effective upon approval of the
Governor and the Interim Finance Committee.
[Part 65:351:1953] + [Part 66:351:1953]—(NRS A 1961, 715; 1963,
622, 1280; 1969, 704; 1977, 229; 1983, 622; 1987, 160; 1991, 1747)
Each
appointing authority shall report to the Director in writing, from time
to time, any appointment, transfer, separation, suspension, reinstatement
or any reduction or other change to a position in the public service. The
report must contain:
1. The name of the appointee or employee.
2. The title and status of his employment.
3. The date of commencement of the action.
4. The salary or compensation of the appointee or employee.
(Added to NRS by 2001, 1440 ; A 2003, 1437 )
1. When requested by the Governor, the Legislature, or their
authorized representatives, the Director may:
(a) Investigate duplication of personnel work of departments,
institutions and agencies in the Executive Department of the State
Government.
(b) Study the personnel organization and administration of those
departments, institutions and agencies.
(c) Formulate plans for better and more effective personnel
management.
2. He shall prepare and report any personnel data or statistics
which the Governor or the Legislature may require.
3. The Director shall cooperate with the heads of departments and
agencies in making similar personnel studies in their respective
departments and agencies.
[63:351:1953]—(NRS A 1963, 487, 1284; 1983, 623)
The Director
may request officers and employees in the Executive Department of the
State Government or local officers or employees to aid in carrying out
the provisions of this chapter, and insofar as it may be consistent with
their other duties, these officers and employees shall give such aid upon
the Director’s written request.
[Part 60:351:1953]—(NRS A 1963, 487, 1284; 1983, 623)
1. Subject to regulations adopted by the Commission, the services
and facilities of the Department and its employees are available upon
request to political subdivisions of the State.
2. In making the services and facilities of the Department and its
employees available, it must be understood that:
(a) Requirements for the enforcement and administration of the
provisions of this chapter must be given precedence; and
(b) The political subdivisions shall reimburse the Department for
the reasonable cost of those services and facilities.
[61:351:1953]—(NRS A 1963, 1040; 1983, 623; 2003, 1437 )
CLASSIFICATION
140 . As used in NRS 284.140 , “agency” means every board and commission in
the Executive Department of the State Government the members of which, or
some of such members, are required by law to be appointed.
(Added to NRS by 1960, 486; A 1963, 487)
The unclassified
service of the State consists of the following state officers or
employees in the Executive Department of the State Government who receive
annual salaries for their services:
1. Members of boards and commissions, and heads of departments,
agencies and institutions required by law to be appointed.
2. Except as otherwise provided in NRS 223.085 , 223.570 and
223.600 , all persons required by law to
be appointed by the Governor or heads of departments or agencies
appointed by the Governor or by boards.
3. All employees other than clerical in the Office of the Attorney
General and the State Public Defender required by law to be appointed by
the Attorney General or the State Public Defender.
4. Except as otherwise provided by the Board of Regents of the
University of Nevada pursuant to NRS 396.251 , officers and members of the teaching staff and the staffs of
the Agricultural Extension Department and Experiment Station of the
Nevada System of Higher Education, or any other state institution of
learning, and student employees of these institutions. Custodial,
clerical or maintenance employees of these institutions are in the
classified service. The Board of Regents of the University of Nevada
shall assist the Director in carrying out the provisions of this chapter
applicable to the Nevada System of Higher Education.
5. All other officers and employees authorized by law to be
employed in the unclassified service.
[1:273:1953] + [18:351:1953]—(NRS A 1963, 487, 1179; 1965, 147,
255; 1969, 1426; 1977, 159; 1983, 624; 1987, 291; 1993, 374; 1999, 1815
, 3279 ; 2001, 115 , 1439 , 2285 ; 2003, 159 )
Except as
otherwise provided in NRS 281.127 , a
person in the unclassified service of the State who has been appointed or
employed for service in a department, division, agency or institution,
other than a director of a department, may pursue any other business or
occupation or hold any other office for profit if:
1. The other employment does not conflict with the duties he is
required to perform in his unclassified service;
2. The other employment does not conflict with the hours during
which he is required to perform those duties; and
3. He has obtained the approval of his supervisor.
(Added to NRS by 1995, 2310)
Officers authorized by law to make
appointments to positions in the unclassified service and appointing
officers of departments or institutions whose employees are exempt from
the provisions of this chapter may make appointments from appropriate
registers of eligible persons maintained by the Department without
affecting the continuance of the names on the list.
[21:351:1953]—(NRS A 1963, 1041; 1983, 624)
Unless otherwise provided by law, elective officers and the
heads of the several state departments, agencies and institutions in the
Executive Department of the State Government are authorized to employ at
or below the salaries specified by law the deputies and employees
necessary to fill the unclassified positions authorized by law for their
departments.
(Added to NRS by 1959, 514; A 1963, 488; 1979, 607)
1. An elected officer or an employee in the unclassified service
who is on the personal staff of an elected officer, an appointed head of
a department or division who serves at the pleasure or discretion of an
elected officer or an executive, administrative or professional employee
within the meaning of the Fair Labor Standards Act of 1938, 29 U.S.C. §§
201 et seq.:
(a) Must be paid on a salary basis, within a maximum amount
established by law;
(b) Is not entitled to compensation for overtime; and
(c) Is not subject to disciplinary suspensions for less than 1 week.
2. An employee in the classified service who is an executive,
administrative or professional employee within the meaning of the Fair
Labor Standards Act of 1938, 29 U.S.C. §§ 201 et seq., and who is either
a head of a department, division or bureau, or a doctoral level
professional:
(a) Must be paid on a salary basis;
(b) Is not entitled to compensation for overtime; and
(c) Is not subject to disciplinary suspensions for less than 1 week.
3. Unless otherwise specified by statute, the Department shall
determine which positions in the classified and unclassified service are
subject to the provisions of this section.
(Added to NRS by 1993, 2090; A 2003, 52 )
1. The classified service of the State of Nevada is comprised of
all positions in the public service now existing or hereafter created
which are:
(a) Lawfully designated as being in the classified service; and
(b) Filled according to merit and fitness from eligible lists
prepared upon the basis of examination, which must be open and
competitive, except as otherwise provided in this chapter and NRS 209.161
.
2. Except as otherwise provided in NRS 193.105 , 209.161 and
416.070 , a person must not be appointed, transferred, promoted,
demoted or discharged in the classified service in any manner or by any
means other than those prescribed in this chapter and the regulations
adopted in accordance therewith.
3. A person must not be discriminated against on account of his
religious opinions or affiliations, race, sex, age or disability.
[19:351:1953]—(NRS A 1963, 488; 1977, 552; 1991, 468; 1993, 469;
2001, 1831 ; 2003, 1438 )
1. The Commission shall adopt a code of regulations for the
classified service.
2. The code must include regulations concerning certifications and
appointments for:
(a) Positions in classes having a maximum salary of $12,500 or less
as of December 31, 1980, where the regular procedures for examination and
certification are impracticable; and
(b) Classes where applicants for promotion are not normally
available.
Ê These regulations may be different from the regulations concerning
certifications and appointments for other positions in the classified
service.
[20:351:1953]—(NRS A 1963, 1041; 1981, 1040; 1983, 625; 2003, 1438
)
1. The Director shall prepare, maintain and revise as necessary a
classification plan for all positions in the classified service, based
upon similarity of duties and responsibilities, so that the same
qualifications may reasonably be required for, and the same schedule of
pay may be equitably applied to, all positions in the same class.
2. The duty of the Director to classify extends to all offices,
employments and positions held by persons who may become members of the
classified service under the provisions of this chapter.
3. The Director may, after consultation with the head of a
department or agency, make changes in the classification of positions
whenever he deems it necessary for the efficiency of the public service.
4. The classification plan and changes therein are subject to
approval by the Commission, except that the Director may make a change in
the classification plan without the prior approval of the Commission if:
(a) The Director deems it necessary for the efficiency of the
public service;
(b) The change is not proposed in conjunction with an occupational
study; and
(c) The Director, at least 20 working days before acting upon the
proposed change:
(1) Provides written notice of the proposal to each member
of the Commission, to all departments and to any head of an employees’
organization who requests notice of such proposals; and
(2) Posts a written notice of the proposal in each of the
principal offices of the Department of Personnel.
Ê Any occupational study conducted by the Department in connection with
the preparation, maintenance or revision of the classification plan must
be approved by the Commission.
5. If no written objection to the proposed change to the
classification plan is received by the Director before the date it is
scheduled to be acted upon, the Director may effect the change. The
Director shall report to the Commission any change in the classification
plan made without its approval at the Commission’s next succeeding
regular meeting.
6. If a written objection is received before the date the proposed
change is scheduled to be acted upon, the Director shall place the matter
on the agenda of the Commission for consideration at its next succeeding
regular meeting.
[Part 22:351:1953]—(NRS A 1963, 1041; 1983, 625; 1985, 151; 1991,
453)
1. As soon as practicable and after consultation with appointing
authorities and principal supervisory officials, the Director shall
allocate the position of every employee in the classified service to one
of the positions in the position classification plan.
2. Any employee affected by the allocation of a position to a
grade or class or by a change in classification, after filing with the
Director a written request for reconsideration thereof, must be given a
reasonable opportunity to be heard thereon by the Director.
3. Any employee who is aggrieved by the Director’s decision
concerning an allocation or change in classification is entitled to have
the decision reviewed by the Commission if the employee submits a written
request to the Commission for such a review not later than 30 days after
the Director’s decision.
[Part 22:351:1953]—(NRS A 1963, 1041; 1979, 357; 1983, 625)
1. Titles and grades shall be established for each class of
employment for use in examining and certifying the names of persons for
appointment under this chapter; and a description of the duties and
responsibilities exercised by the persons appointed to each of them shall
be drawn up; and minimum qualifications shall be specified for
satisfactory performance of the duties of each grade and class.
2. The titles and grades in the several classifications as defined
by the specifications of duties and qualifications shall be used for
original appointments, promotions, payrolls and all other records
affecting the status of personnel.
[Part 22:351:1953]
For the purposes
of NRS 353.205 and 353.224 , the Director shall prepare and maintain an index which
categorizes all positions in the classified service of the state into the
following broad occupational groups:
1. Occupations in the fields of agriculture and conservation.
2. Clerical and related occupations.
3. Occupations relating to custodial and domestic services.
4. Occupations relating to library services.
5. Occupations in the field of education.
6. Engineering and allied occupations.
7. Occupations in fiscal management and related staff services.
8. Occupations relating to legal services.
9. Occupations in the mechanical and construction trades.
10. Occupations in the fields of medicine and health and related
services.
11. Occupations in regulatory fields and in public safety.
12. Occupations in social services and rehabilitation.
13. Other occupations.
(Added to NRS by 1979, 606; A 1983, 625; 1987, 1324; 2001, 1440
)
1. The Director shall prepare, maintain and revise as necessary a
list of all positions in the classified service that consist primarily of
performing data processing.
2. The request of an appointing authority that is required to use
the equipment or services of the Department of Information Technology for
a new position or the reclassification of an existing position to a
position included on the list required by subsection 1 must be submitted
to the Director of the Department of Information Technology for approval
before submission to the Department of Personnel.
(Added to NRS by 1993, 446; A 1995, 521; 1997, 3089)
INDEPENDENT CONTRACTORS
1. Elective officers and heads of departments, boards, commissions
or institutions may contract for the services of persons as independent
contractors. Except as otherwise provided by specific statute, each
contract for services must be awarded pursuant to the provisions of
chapter 333 of NRS.
2. An independent contractor is a natural person, firm or
corporation who agrees to perform services for a fixed price according to
his or its own methods and without subjection to the supervision or
control of the other contracting party, except as to the results of the
work, and not as to the means by which the services are accomplished.
3. For the purposes of this section:
(a) Travel, subsistence and other personal expenses may be paid to
an independent contractor, if provided for in the contract, in such
amounts as provided for in the contract. Those expenses must not be paid
pursuant to the provisions of NRS 281.160 .
(b) There must be no:
(1) Withholding of income taxes by the State;
(2) Coverage for industrial insurance provided by the State;
(3) Participation in group insurance plans which may be
available to employees of the State;
(4) Participation or contributions by either the independent
contractor or the State to the Public Employees’ Retirement System;
(5) Accumulation of vacation leave or sick leave; or
(6) Coverage for unemployment compensation provided by the
State if the requirements of NRS 612.085 for independent contractors are met.
4. An independent contractor is not in the classified or
unclassified service of the State, and has none of the rights or
privileges available to officers or employees of the State of Nevada.
5. Except as otherwise provided in this subsection, each contract
for the services of an independent contractor must be in writing. The
form of the contract must be first approved by the Attorney General, and
except as otherwise provided in subsection 7, an executed copy of each
contract must be filed with the Fiscal Analysis Division of the
Legislative Counsel Bureau and the Clerk of the State Board of Examiners.
The State Board of Examiners may waive the requirements of this
subsection in the case of contracts which are for amounts less than
$2,000.
6. Except as otherwise provided in subsection 7, and except
contracts entered into by the Nevada System of Higher Education, each
proposed contract with an independent contractor must be submitted to the
State Board of Examiners. The contracts do not become effective without
the prior approval of the State Board of Examiners, except that the State
Board of Examiners may authorize its clerk or his designee to approve
contracts which are:
(a) For amounts less than $10,000 or, in contracts necessary to
preserve life and property, for amounts less than $25,000.
(b) Entered into by the State Gaming Control Board for the purposes
of investigating an applicant for or holder of a gaming license.
Ê The State Board of Examiners shall adopt regulations to carry out the
provisions of this section.
7. Copies of the following types of contracts need not be filed or
approved as provided in subsections 5 and 6:
(a) Contracts executed by the Department of Transportation for any
work of construction or reconstruction of highways.
(b) Contracts executed by the State Public Works Board or any other
state department or agency for any work of construction or major repairs
of state buildings if the contracting process was controlled by the rules
of open competitive bidding.
(c) Contracts executed by the Housing Division of the Department of
Business and Industry.
(d) Contracts executed with business entities for any work of
maintenance or repair of office machines and equipment.
8. The State Board of Examiners shall review each contract
submitted for approval pursuant to subsection 6 to consider:
(a) Whether sufficient authority exists to expend the money
required by the contract; and
(b) Whether the service which is the subject of the contract could
be provided by a state agency in a more cost-effective manner.
Ê If the contract submitted for approval continues an existing
contractual relationship, the Board shall ask each agency to ensure that
the State is receiving the services that the contract purports to provide.
9. If the services of an independent contractor are contracted for
to represent an agency of the State in any proceeding in any court, the
contract must require the independent contractor to identify in all
pleadings the specific state agency which he is representing.
(Added to NRS by 1960, 486; A 1961, 686; 1973, 434, 911; 1975, 534;
1977, 346; 1979, 1184, 1791; 1981, 1175; 1983, 765; 1987, 322, 1486;
1993, 375, 854, 1550, 2013; 1995, 666, 2042; 1997, 1268, 1270; 1999, 166
, 1027 , 1816 ; 2001, 1081 )
1. If personnel of the Capitol Police Division of the Department
of Public Safety are not available to provide security services for a
building, office or other facility of a state agency, the state agency
may, pursuant to NRS 284.173 , contract
with one or more independent contractors to provide such services.
2. An independent contractor with whom a state agency contracts
pursuant to subsection 1 must:
(a) Be licensed as a private patrolman pursuant to chapter 648
of NRS or employed by a person so licensed; and
(b) Possess the skills required of and meet the same physical
requirements as law enforcement personnel certified by the peace
officers’ standards and training commission created pursuant to NRS
289.500 .
(Added to NRS by 1997, 2417; A 1999, 2419 ; 2001, 2593 )
COMPENSATION
1. After consultation with appointing authorities and state fiscal
officers, the Director shall prepare a pay plan for all employees in the
classified service.
2. The pay plan and its amendments become effective only after
approval by the Governor.
3. The pay plan must include, without limitation, ranges for each
class, grade or group of positions in the classified service. Each
employee in the classified service must be paid at one of the rates set
forth in the pay plan for the class of position in which he is employed
and at such time as necessary money is made available for the payment.
4. The Commission shall adopt regulations to carry out the pay
plan.
5. The Director may make recommendations to the Legislature during
regular legislative sessions concerning salaries for the classified
service of the State. In making such recommendations, the Director shall
consider factors such as:
(a) Surveys of salaries of comparable jobs in government and
private industry within the State of Nevada and western states, where
appropriate;
(b) Changes in the cost of living;
(c) The rate of turnover and difficulty of recruitment for
particular positions; and
(d) Maintaining an equitable relationship among classifications.
[Part 23:351:1953]—(NRS A 1963, 1042; 1965, 239, 1184; 1967, 1048;
1968, 55; 1969, 1394; 1971, 1416; 1973, 903, 911, 1547; 1975, 1426, 1847;
1977, 1041; 1981, 870; 1983, 626; 1989, 15; 2003, 1438 )
1. A plan to encourage continuity of service, administered by the
Department, is hereby established for employees with 8 years or more of
continuous state service. Except as otherwise provided in NRS 284.179
, an employee rated standard or better
with 8 years or more of continuous service is entitled to receive a
semiannual payment of $75 plus:
(a) An annual increase of $25 in the semiannual payment for each
year of the employee’s ninth through fourteenth years of continuous
service;
(b) An annual increase of $50 in the semiannual payment for each
year of the employee’s fifteenth through twenty-fourth years of
continuous service; and
(c) An annual increase of $75 in the semiannual payment for each
additional year of continuous service after 24 years, up to a maximum of
30 years of continuous state service.
2. An interruption in continuous state service terminates the
employee’s eligibility for additional pay pursuant to subsection 1.
3. Except as otherwise provided in this subsection, no year served
before the interruption may be counted in determining the employee’s
subsequent eligibility. This provision does not apply to an employee who
was employed before July 1, 1981, unless he leaves state service after
that date.
4. As used in this section, “continuous service” means
uninterrupted service as defined by the Commission.
(Added to NRS by 1973, 822; A 1975, 640; 1979, 723; 1981, 1319;
1983, 626; 1987, 1736; 2003, 2519 )
The professional employees of the Nevada System
of Higher Education are not entitled to receive the payments provided in
NRS 284.177 .
(Added to NRS by 1985, 845; A 1993, 376; 2003, 2520 )
1. The Legislature declares that since uniform salary and wage
rates and classifications are necessary for an effective and efficient
personnel system, the pay plan must set the official rates applicable to
all positions in the classified service, but the establishment of the pay
plan in no way limits the authority of the Legislature relative to
budgeted appropriations for salary and wage expenditures.
2. Credit for overtime work directed or approved by the head of an
agency or his representative must be earned at the rate of time and
one-half, except for those employees described in NRS 284.148 .
3. Except as otherwise provided in subsections 4, 6, 7 and 9,
overtime is considered time worked in excess of:
(a) Eight hours in 1 calendar day;
(b) Eight hours in any 16-hour period; or
(c) A 40-hour week.
4. Firefighters who choose and are approved for a 24-hour shift
shall be deemed to work an average of 56 hours per week and 2,912 hours
per year, regardless of the actual number of hours worked or on paid
leave during any biweekly pay period. A firefighter so assigned is
entitled to receive 1/26 of his annual salary for each biweekly pay
period. In addition, overtime must be considered time worked in excess of:
(a) Twenty-four hours in one scheduled shift; or
(b) Fifty-three hours average per week during one work period for
those hours worked or on paid leave.
Ê The appointing authority shall designate annually the length of the
work period to be used in determining the work schedules for such
firefighters. In addition to the regular amount paid such a firefighter
for the deemed average of 56 hours per week, he is entitled to payment
for the hours which comprise the difference between the 56-hour average
and the overtime threshold of 53 hours average at a rate which will
result in the equivalent of overtime payment for those hours.
5. The Commission shall adopt regulations to carry out the
provisions of subsection 4.
6. For employees who choose and are approved for a variable
workday, overtime will be considered only after working 40 hours in 1
week.
7. Employees who are eligible under the Fair Labor Standards Act
of 1938, 29 U.S.C. §§ 201 et seq., to work a variable 80-hour work
schedule within a biweekly pay period and who choose and are approved for
such a work schedule will be considered eligible for overtime only after
working 80 hours biweekly, except those eligible employees who are
approved for overtime in excess of one scheduled shift of 8 or more hours
per day.
8. An agency may experiment with innovative workweeks upon the
approval of the head of the agency and after majority consent of the
affected employees. The affected employees are eligible for overtime only
after working 40 hours in a workweek.
9. This section does not supersede or conflict with existing
contracts of employment for employees hired to work 24 hours a day in a
home setting. Any future classification in which an employee will be
required to work 24 hours a day in a home setting must be approved in
advance by the Commission.
10. All overtime must be approved in advance by the appointing
authority or his designee. No officer or employee, other than a director
of a department or the chairman of a board, commission or similar body,
may authorize overtime for himself. The chairman of a board, commission
or similar body must approve in advance all overtime worked by members of
the board, commission or similar body.
11. The Budget Division of the Department of Administration shall
review all overtime worked by employees of the Executive Department to
ensure that overtime is held to a minimum. The Budget Division shall
report quarterly to the State Board of Examiners the amount of overtime
worked in the quarter within the various agencies of the State.
[Part 24:351:1953]—(NRS A 1971, 1061; 1975, 242; 1983, 627, 1235,
1236; 1991, 1170; 1993, 2091; 1999, 252 ; 2003, 1439 ; 2005, 322 )
A department,
agency or institution within the Executive Department of State Government
which is authorized by law to make appointments in the classified or
unclassified service may enter into an agreement with an organization
representative of state employees which has been designated and
recognized pursuant to the Fair Labor Standards Act of 1938, 29 U.S.C. §§
201 et seq., for the provision of compensatory vacation time instead of
monetary payment for overtime. If an employee is not a member of such an
organization, the department, agency or institution may enter into such
an agreement with the employee directly.
(Added to NRS by 1993, 2091)
The State
Controller or any other state fiscal officer shall not draw, sign, issue
or authorize the drawing, signing or issuing of any warrant on the State
Treasurer or other state disbursing officer, and the State Treasurer or
other state disbursing officer shall not pay any salary or compensation
to any person in the classified or unclassified service of the State
unless the payroll or account for the salary or compensation containing
the name of every person to be paid bears the certificate of the Director
or his authorized representative stating:
1. That the persons named in the payroll or account have been
appointed, employed, reinstated or promoted as required by law and the
regulations established under this chapter; and
2. That the salary or compensation is within the salary or wage
schedule fixed pursuant to law.
[53:351:1953]—(NRS A 1963, 1042; 1983, 627)
1. Every officer who willfully makes a payment of salary or
compensation contrary to the provisions of this chapter and any officer
who signs, countersigns, or authorizes the signing or countersigning of
any warrant for such a payment, and the sureties on his official bond,
are liable to the State of Nevada therefor.
2. An action to recover such a payment may be maintained in the
district court of any county by the Director or a member of the
Commission.
3. All money recovered in such an action, when collected, must be
paid into the appropriate fund in the State Treasury.
[54:351:1953]—(NRS A 1963, 1042; 1983, 628)
1. Any person employed or appointed contrary to the provisions of
this chapter and the rules and regulations thereunder whose payroll or
account is refused certification shall have an action against the
appointing authority employing or appointing or attempting to employ or
appoint him for the amount due by reason of such employment or purported
employment, and the costs of such action.
2. No appointing authority, during the time of his or their
official service or thereafter, shall be reimbursed by the State for any
sum so paid or recovered in any such action.
[55:351:1953]
If
the Director wrongfully withholds certification of the payroll or account
of any employee, the employee may maintain a proceeding to compel the
Director to certify the payroll or account.
[56:351:1953]—(NRS A 1963, 1042; 1983, 628)
EXAMINATIONS AND LISTS FOR EMPLOYMENT
The Commission
shall adopt regulations for open competitive examinations to test the
relative fitness of applicants for the respective positions.
[Part 25:351:1953]—(NRS A 1963, 1042; 1983, 628; 2003, 1440 )
1. All competitive examinations for positions in the classified
service must:
(a) Relate to those matters which fairly test the capacity and
fitness of the persons examined to perform in an efficient manner the
duties of the class in which employment is sought.
(b) Be open to all applicants who meet the reasonable standards or
requirements fixed by the Director with regard to experience, character,
age, education, physical condition and any other factors relating to the
ability of the applicants to perform the duties of the position with
reasonable efficiency.
2. An examination may consist of:
(a) An evaluation of the applicant’s training and experience;
(b) A written examination;
(c) An oral examination;
(d) An evaluation of the applicant’s performance, such as the
ability to operate successfully certain equipment; or
(e) Any combination of paragraphs (a) to (d), inclusive.
3. An examination may be conducted by using a center for
assessment as defined by regulations adopted by the Commission. An
employee of the department for which an examination is being held may not
serve on the panel or score the examination.
4. An oral examination given pursuant to this section must be:
(a) Except as otherwise provided in subsection 5, conducted by a
panel of which no more than one-third of the members are employed by the
department in which a vacancy exists for the position for which the
examination is given.
(b) Recorded and maintained by the department for:
(1) Not less than 2 years after the date of the examination;
or
(2) Until the final disposition of a charge of
discrimination,
Ê whichever is longer, and must be available to an affected person upon
request.
5. Employees of the department in which a vacancy exists may
comprise more than one-third of the members of the panel if:
(a) A member who is not such an employee is unable to serve on the
panel because of illness or an emergency;
(b) The department has more than 1,000 employees; and
(c) The department has two or more divisions that administer
separate and diverse programs and the employees of the department on the
panel are not employed by the same division.
[Part 26:351:1953]—(NRS A 1963, 1043; 1975, 1165; 1983, 628; 1985,
1164; 1997, 1028; 2003, 1440 )
A person
with a disability must be examined in a manner that fairly tests his
ability to perform the duties of the position, notwithstanding his
disability.
[Part 26:351:1953]—(NRS A 1965, 675; 1993, 470)
The Director may require applicants, when filing their applications, to
submit certificates of general or special qualifications as the good of
the public service may require.
[Part 26:351:1953]—(NRS A 1963, 1043; 1983, 628)
1. Examinations must be held at such times and places as in the
judgment of the Director most nearly meet the convenience of applicants,
practicability of administration, and the needs of the public service.
2. The officers having control of public buildings in political
subdivisions of the State and in school districts, upon request of the
Director, shall furnish convenient and reasonable space for examinations
and necessary furniture, heat and light for the accommodation of the
local examiners and for holding of examinations authorized by this
chapter.
[Part 26:351:1953] + [Part 60:351:1953]—(NRS A 1963, 1043; 1983,
628)
The
Director may designate appropriate persons, including officers and
employees in the public service, to assist in the preparation and rating
of examinations. An appointing authority may excuse any employee in his
division from his regular duties for the time required for his work as an
examiner. Those officers and employees are not entitled to extra pay for
their services as examiners, but are entitled to their regular salaries.
[17:351:1953]—(NRS A 1963, 1043; 1983, 629; 1985, 391)
The
Director may refuse to examine an applicant or, after examination, may
refuse to certify an eligible person who:
1. Lacks any of the preliminary requirements established for the
examination for the position or employment for which he applies.
2. Submitted to a screening test administered pursuant to NRS
284.4066 , the results of which
indicated the presence of a controlled substance, and the person did not
provide the proof required by NRS 284.4066 .
3. Has been guilty of any crime involving moral turpitude or of
infamous or notoriously disgraceful conduct.
4. Has been dismissed from the public service for delinquency or
misconduct.
5. Has made a false statement of any material fact.
6. Has, directly or indirectly, given, rendered or paid, or
promised to give, render or pay, any money, service or other valuable
thing to any person for, or on account of or in connection with, his
examination, appointment or proposed appointment.
7. Has practiced, or attempted to practice, any deception or fraud
in his application, in his certificate, in his examination, or in
securing his eligibility or appointment.
[27:351:1953]—(NRS A 1963, 1043; 1983, 629; 1993, 470; 2003, 1441
)
1. When the Director refuses to examine an applicant or, after an
examination, refuses to certify an eligible person, the applicant or
eligible person may request the Director to furnish to him a statement of
the reasons for the refusal to examine or the refusal to certify, as the
case may be. The Director shall furnish the statement upon request.
2. If the Director refuses to examine an applicant or, after an
examination, refuses to certify an eligible person, that person may take
an appeal to the Commission in accordance with regulations adopted by the
Commission. If the Commission finds that the Director is in error in
refusing to examine an applicant or in refusing to certify an eligible
person, the Commission shall order the Director to examine or certify,
and he shall comply.
[28:351:1953]—(NRS A 1963, 1044; 1983, 629)
1. The Commission shall adopt regulations for the establishment of
eligible lists for appointment and promotion which must contain the names
of successful applicants in the order of their relative excellence in the
respective examinations.
2. The term of eligibility of applicants on such lists is 1 year,
but the term may be extended by the Director to a maximum of 3 years.
[30:351:1953]—(NRS A 1963, 1044; 1983, 630; 2003, 1441 )
In
establishing the lists of eligible persons, a preference must be allowed
for persons who reside in this State at the time the examination is
completed. Five points must be added to the passing grade achieved on the
examination. For the purposes of this section, the person examined must
reside physically within the State. If any person absents himself from
the State with the intention in good faith to return without delay and
continue his residence, the time of the absence must not be considered in
determining the fact of his residence.
(Added to NRS by 1965, 255; A 1981, 1040)
In establishing lists of eligible persons, a
preference must be allowed for each person in the classified service who
has been separated from the service because the agency by which he was
employed was terminated pursuant to NRS 232B.100 .
(Added to NRS by 1979, 1841)
1. Appointments must be made from the appropriate eligible list,
but if no such list exists then the Director may certify from such other
list as he deems the next most appropriate. A new and separate list must
be created for a stated position only when there is no satisfactory list.
2. Unless otherwise provided by this chapter, no person may be
appointed or employed under any title not appropriate to the duties
performed.
[Part 31:351:1953]—(NRS A 1963, 1044; 1983, 630)
1. In establishing the lists of eligible persons, certain
preferences must be allowed for veterans not dishonorably discharged from
the Armed Forces of the United States. For disabled veterans, 10 points
must be added to the passing grade achieved on the examination. For
ex-servicemen and women who have not suffered disabilities, and for the
widows and widowers of veterans, 5 points must be added to the passing
grade achieved on the examination.
2. Any person qualifying for preference points pursuant to
subsection 1 is entitled to have the points applied to any open
competitive examination in the classified service, but only to one
promotional examination.
3. For the purposes of this section, “veteran” has the meaning
ascribed to “eligible veteran” in 38 U.S.C. § 4211.
[32:351:1953]—(NRS A 1975, 1166; 1995, 160)
Except as otherwise provided in NRS 284.305 , appointing authorities shall give notice to
the Director of their intention to fill any vacancy in the classified
service. Except as otherwise provided in this section, within a
reasonable time after the receipt of the notice, the Director shall
certify from the list of eligible persons, appropriate for the grade and
class in which the position is classified, the five names at the head
thereof. If the competitive examination for that position is scored to
the nearest one-hundredth of a point and there are more than five persons
having the five highest scores, the names of each of those persons must
be so certified.
[33:351:1953]—(NRS A 1963, 1044; 1965, 256; 1983, 630; 1995, 237)
APPOINTMENTS
1. All original competitive appointments to and promotions within
the classified service must be for a fixed probationary period of 6
months, except that a longer period not exceeding 1 year may be
established for classes of positions in which the nature of the work
requires a longer period for proper evaluation of performance.
2. Dismissals or demotions may be made at any time during the
probationary period in accordance with regulations adopted by the
Commission.
3. Before the end of the probationary period and in accordance
with regulations adopted by the Commission, the appointing authority
shall notify the Director in writing whether or not the probationer is a
satisfactory employee and should receive the status of a permanent
appointee.
[39:351:1953]—(NRS A 1963, 1045; 1983, 631; 2003, 1441 )
1. Vacancies in positions must be filled, so far as practicable,
by promotion within a department or agency from among persons holding
positions in the classified service. Promotions must be based upon merit
and fitness, to be ascertained in accordance with regulations adopted by
the Commission. In such regulations, the employee’s efficiency,
character, conduct and length of service must all constitute factors. For
the purposes of this subsection, a person employed by the Legislative
Branch of Government pursuant to subsection 5 of NRS 284.3775 shall be deemed to hold the position he held
before the legislative session.
2. Eligibility for promotion must be determined on recommendation
of the appointing authority and certification by the Director that the
employee meets the minimum requirements and demonstrates his
qualifications in accordance with regulations adopted by the Commission.
3. The Director may provide, in specific cases, for competitive
promotional examinations among employees of departments other than that
in which a particular vacancy in a higher classification may exist.
4. An advancement in rank or grade or an increase in salary beyond
the maximum fixed for the class constitutes a promotion.
[36:351:1953]—(NRS A 1963, 1045; 1983, 631; 1989, 1647; 2003, 1442
)
1. Any promotional appointee who fails to attain permanent status
in the position to which he was promoted, or who is dismissed for cause
other than misconduct or delinquency on his part from the position to
which he was promoted, either during the probationary period or at the
conclusion thereof by reason of the failure of the appointing authority
to file a request for his continuance in the position, shall be restored
to the position from which he was promoted.
2. Nothing contained in this section shall be construed to prevent
any employee of the classified service from competing for places upon
lists of persons eligible for original appointments.
[37:351:1953]
1. Except as otherwise provided in subsection 2, positions in the
classified service may be filled without competition only as provided in
NRS 284.155 , 284.307 , 284.309 ,
284.310 , 284.315 , 284.320 ,
284.325 , 284.327 , 284.330 ,
284.375 and 284.3775 .
2. The Commission may adopt regulations which provide for filling
positions in the classified service without competition in cases
involving:
(a) The demotion of a current employee;
(b) The reemployment of a current or former employee who was or
will be adversely affected by layoff, military service, reclassification
or a permanent partial disability arising out of and in the course of his
employment; or
(c) The reappointment of a current employee.
[Part 38:351:1953]—(NRS A 1981, 1040; 1989, 1266; 1995, 286; 2003,
1442 )
An employee who holds a position classified as a
training or preparatory position may advance automatically to a position
having a higher classification after he meets the minimum qualifications
for the higher classification and receives the recommendation of the
appointing authority for that advancement.
(Added to NRS by 1981, 1039)
If a competitive examination is required for a vacancy and
fewer than five qualified applicants respond after extensive efforts at
recruitment, the examination may be waived and the Director may submit
the applications of the qualified applicants without certification to the
appointing authority for selection.
(Added to NRS by 1981, 1040; A 1983, 632)
1. Whenever there are urgent reasons for filling a vacancy in any
position in the classified service and the Director is unable to certify
from any appropriate eligible list for the vacancy, the Director may
issue a provisional permit or certify a suitable person to fill the
vacancy provisionally only until a selection and appointment can be made
after competitive examination.
2. No person may receive more than one provisional appointment or
serve more than 6 months in any 12-month period as a provisional
appointee.
3. A provisional appointee must meet the minimum qualifications
established for the class of positions involved.
[Part 38:351:1953]—(NRS A 1963, 1046; 1983, 632)
In case of an emergency, an
appointment may be made without regard to the provisions of this chapter
relative to appointments, but in no case shall such appointment continue
longer than 60 working days in any 12-month period.
[Part 38:351:1953]
Full
consideration must be given to the employment of a person with a
disability for a position if he is capable of performing the essential
functions of the position with or without reasonable accommodations.
(Added to NRS by 1965, 675; A 1993, 470; 2003, 1442 )
1. In case of a vacancy in a position where peculiar and
exceptional qualifications of a scientific, professional or expert
character are required, and upon satisfactory evidence that for specific
reasons competition in that case is impracticable, and that the position
can best be filled by the selection of some designated person of high and
recognized attainments in the required qualities, the director may
suspend the requirements of competition.
2. The Director may suspend the requirements of competitive
examination for positions requiring highly professional qualifications if
past experience or current research indicates a difficulty in recruitment
or if the qualifications include a license or certification.
3. Upon specific written justification by the appointing
authority, the Director may suspend the requirement of competitive
examination for a position where extreme difficulty in recruitment has
been experienced and extensive efforts at recruitment have failed to
produce five persons in the state service who are qualified applicants
for promotion to the position.
4. Except in the circumstances described in subsection 2, no
suspension may be general in its application to any position, and each
case of suspension and the justifying circumstances must be reported in
the biennial report of the department with the reasons for the suspension.
[Part 38:351:1953]—(NRS A 1963, 1046; 1981, 1040; 1983, 239, 632)
1. The Commission shall adopt regulations not inconsistent with
this section for the certification of qualified persons for temporary
service.
2. Except as otherwise provided in subsection 3, temporary
positions which occur, terminate or recur periodically must be filled by
certification in accordance with the regulations adopted by the
Commission.
3. An agency may appoint persons temporarily for less than 160
cumulative hours during any calendar year without regard to the
regulations adopted by the Commission pursuant to subsection 1.
4. The limitation on hours set forth in subsection 3 does not
apply to temporary or part-time service by:
(a) A pupil attending his last 2 years of high school;
(b) A student employed by the college or university he attends;
(c) A person certified for temporary service in accordance with NRS
284.327 ;
(d) An employee of an events center, museum or research center of
the Nevada System of Higher Education;
(e) A person employed by the Nevada System of Higher Education in a
temporary position which recurs periodically for the registration of
students; or
(f) A person employed by the Nevada System of Higher Education to
provide such assistance to a student with a disability or to a student
with an identified academic disadvantage as it determines is necessary
for the academic success of the student, including, without limitation, a
person employed as a tutor, note taker, reader, sign interpreter or test
proctor.
5. The acceptance or refusal by an eligible person of a temporary
appointment does not affect his standing on the register for permanent
employment, nor may the period of temporary service be counted as part of
the probationary period in case of subsequent appointment to a permanent
position.
6. Successive temporary appointments to the same position must not
be made under this section.
7. As used in this section, “student with an identified academic
disadvantage” includes, without limitation, a student who the Nevada
System of Higher Education has determined requires the services of a
tutor for success in a course of study.
[Part 38:351:1953]—(NRS A 1963, 1046; 1983, 632; 1987, 494; 1993,
376; 1995, 122; 2003, 1443 )
1. To assist persons with disabilities certified by the
Rehabilitation Division of the Department of Employment, Training and
Rehabilitation, appointing authorities are encouraged and authorized to
make temporary limited appointments of certified persons with
disabilities for a period not to exceed 700 hours notwithstanding that
the positions so filled are continuing positions. A person with a
disability who is certified by the Rehabilitation Division must be placed
on the appropriate list for which he is eligible. Each such person must
possess the training and experience necessary for the position for which
he is certified. The Rehabilitation Division must be notified of an
appointing authority’s request for a list of eligibility on which the
names of one or more certified persons with disabilities appear. A
temporary limited appointment of a certified person with a disability
pursuant to this section constitutes the person’s examination as required
by NRS 284.215 .
2. The Commission shall adopt regulations to carry out the
provisions of subsection 1.
3. This section does not deter or prevent appointing authorities
from employing:
(a) A person with a disability if he is available and eligible for
permanent employment.
(b) A person with a disability who is employed pursuant to the
provisions of subsection 1 in permanent employment if he qualifies for
permanent employment before the termination of his temporary limited
appointment.
4. If a person appointed pursuant to this section is subsequently
appointed to a permanent position during or after the 700-hour period,
the 700 hours or portion thereof counts toward the employee’s
probationary period.
(Added to NRS by 1965, 675; A 1973, 139, 1406; 1983, 633; 1991,
158; 1993, 470, 1552; 1995, 522; 2003, 1443 )
Any person who has held a position by permanent
appointment in the classified service under the law and rules, and who
has been separated from the service without prejudice, may be eligible
for reinstatement to a position in the same or similar grade or class in
the classified service, subject to the rules and regulations established
in accordance with the provisions of this chapter.
[47:351:1953]
PERFORMANCE
1. The appointing authorities and other supervising officers of
the various state departments, agencies and institutions, after
consultation with the Director, shall establish standards of work
performance for each class of positions. Each appointing authority shall
provide each of its employees with a copy of the standards for his
position.
2. The Director shall maintain service records of performance
efficiency, character and conduct by a system of service ratings based
upon those standards.
3. The Commission shall adopt regulations with respect to service
ratings, and prescribe the extent to which service ratings must be
considered in determining the advisability of transfers, the promotion of
an employee to a higher class, the question of demotion or dismissal of
any employee, increases and decreases in salary of an employee within the
salary range established under this chapter, and in all other decisions
relating to the status of employees.
4. The Commission may, by regulation, further prescribe the extent
to which the service ratings, and the reports upon which they are based,
are open to inspection.
[35:351:1953]—(NRS A 1963, 1047; 1983, 634; 1989, 1056; 2003, 1444
)
An employee whose
duties include the supervision of an employee who holds a position in the
classified service shall:
1. For filing at the times specified in NRS 284.340 , prepare reports on the performance of that
employee. In preparing a report, he shall meet with the employee to
discuss goals and objectives, to evaluate the employee’s improvement in
performance and personal development, and to discuss the report.
2. Provide the employee with a copy of the report.
3. Transmit the report to the appointing authority.
(Added to NRS by 1989, 1055; A 2001, 1440 )
An employee
who is required to prepare a report on the performance of an employee who
holds a position in the classified service must, before he prepares the
report, have received training in its proper preparation. The training
must be:
1. Provided within 6 months of the employee’s appointment; and
2. Provided or approved by the Director.
(Added to NRS by 1989, 1055)
Each
appointing authority shall:
1. Report to the Director, in writing, the efficiency of his
subordinates and employees, and other information, in such manner as the
Commission may prescribe by regulation.
2. File reports with the Director on the performance, during the
probationary period, of each of his employees who holds a position in the
classified service. A report must be filed at the end of the 2nd and 5th
months of employment if the probationary period is 6 months, or at the
end of the 3rd, 7th and 11th months of employment if the probationary
period is 12 months.
3. File a report annually with the Director on the performance of
each of his employees who holds a position in the classified service and
has attained permanent status. The report must be filed at the end of the
12th month next following the attainment of permanent status, and at the
end of every 12th month thereafter. If the report is not filed on or
before the required date, the performance of the employee shall be deemed
to be standard.
4. If any report he files with the Director on the performance of
an employee who holds a position in the classified service includes a
rating of substandard, file with the Director an additional report on the
performance of the employee at least every 90 days until the performance
improves to standard or until any disciplinary action is taken.
5. Provide the employee with a copy of each report filed.
[Part 52:351:1953]—(NRS A 1963, 1047; 1983, 634; 1989, 1056; 2001,
749 ; 2003, 1444 )
TRAINING, ATTENDANCE AND LEAVES
1. Except as otherwise provided in this subsection, after
consultation with appointing authorities, and in cooperation with the
State Board of Examiners, the Commission shall adopt regulations for all
training of employees in the state service. Professional employees of the
teaching staff, Agricultural Extension Service and Nevada Agricultural
Experiment Station staffs of the Nevada System of Higher Education, or
any other state institution of learning and student employees of such an
institution are exempt from the provisions of this section.
2. The regulations adopted pursuant to subsection 1 must set forth
the conditions under which educational leave stipends may be paid to any
officer or employee of the State. Except as otherwise provided in NRS
612.230 and with the exception of intermittent course work not leading
to the awarding of a degree, no person may be granted educational leave
stipends until he has entered into a contract with his employing agency
whereby he agrees to pursue only those courses required for a degree
related to his employment with the State and to return to the employ of
his employing agency on the basis of 1 year for each 9 months of
educational leave taken or to refund the total amount of the stipends
regardless of the balance at the time of separation.
3. This section does not prevent the granting of sabbatical leaves
by the Board of Regents of the University of Nevada.
4. Where practicable all training for state employees must be
presented through established educational institutions within the State.
5. The Department shall coordinate all training activities related
to remedial programs and programs for career development designed to
correct educational and training deficiencies of state employees and
create employment opportunities for the disadvantaged. In connection with
these activities, the Department, with the approval of the Governor, is
designated to enter into contractual arrangements with the Federal
Government and others that provide grants or other money for educational
and training activities.
(Added to NRS by 1971, 570; A 1983, 634; 1993, 377; 2003, 1445
)
1. Except as otherwise provided in subsection 2, the Commission
shall adopt regulations for attendance and leave with or without pay or
reduced pay in the various classes of positions in the public service.
2. The Board of Regents of the University of Nevada shall adopt
regulations for attendance and for leave with or without pay or with
reduced pay, sabbatical leave, sick leave, emergency leave, annual leave,
terminal leave, military leave and such other leave as the Board of
Regents determines to be necessary or desirable for officers and members
of the faculty of the Nevada System of Higher Education. Sabbatical leave
with pay may not be granted to more than 2 percent of the teaching
personnel of a branch or facility of the System with the rank of
instructor or higher in any 1 year. No sabbatical leave with pay may be
granted unless the person requesting the leave agrees in writing with the
branch or facility to return to the branch or facility after the leave
for a period not less than that required by his most recent contract of
employment if the Nevada System of Higher Education desires his continued
service.
[41:351:1953]—(NRS A 1961, 425; 1963, 1047; 1969, 1426; 1983, 635;
1993, 378; 2003, 1445 )
1. Except as otherwise provided in subsections 2, 3 and 4, an
employee in the public service, whether in the classified or unclassified
service, is entitled to annual leave with pay of 1 1/4 working days for
each month of continuous public service. The annual leave may be
cumulative from year to year not to exceed 30 working days. The
Commission may by regulation provide for additional annual leave for
long-term employees and for prorated annual leave for part-time employees.
2. Except as otherwise provided in this subsection, any annual
leave in excess of 30 working days must be used before January 1 of the
year following the year in which the annual leave in excess of 30 working
days is accumulated or the amount of annual leave in excess of 30 working
days is forfeited on that date. If an employee:
(a) On or before October 15, requests permission to take annual
leave; and
(b) His request for leave is denied in writing for any reason,
Ê he is entitled to payment for any annual leave in excess of 30 working
days which he requested to take and which he would otherwise forfeit as
the result of the denial of his request, unless the employee has final
authority to approve use of his own accrued leave and he received payment
pursuant to this subsection for any unused annual leave in excess of 30
working days accumulated during the immediately preceding calendar year.
The payment for the employee’s unused annual leave must be made to him
not later than January 31.
3. Officers and members of the faculty of the Nevada System of
Higher Education are entitled to annual leave as provided by the
regulations adopted pursuant to subsection 2 of NRS 284.345 .
4. The Commission shall establish by regulation a schedule for the
accrual of annual leave for employees who regularly work more than 40
hours per week or 80 hours biweekly. The schedule must provide for the
accrual of annual leave at the same rate proportionately as employees who
work a 40-hour week accrue annual leave.
5. No elected state officer may be paid for accumulated annual
leave upon termination of his service.
6. During the first 6 months of employment of any employee in the
public service, annual leave accrues as provided in subsection 1, but no
annual leave may be taken during that period.
7. No employee in the public service may be paid for accumulated
annual leave upon termination of employment unless he has been employed
for 6 months or more.
8. Upon the request of an employee, the appointing authority of
the employee may approve the reduction or satisfaction of an overpayment
of the salary of the employee that was not obtained by the fraud or
willful misrepresentation of the employee with a corresponding amount of
the accrued annual leave of the employee.
[2:273:1953] + [Part 42:351:1953; A 1955, 411]—(NRS A 1960, 123,
486; 1961, 425; 1963, 196, 1047; 1969, 1427; 1979, 722; 1981, 563, 1041,
1745; 1983, 635; 1989, 931; 1991, 1171; 1993, 378; 1995, 185; 2003, 1446
)
1. Except as otherwise provided in this section, all employees in
the public service, whether in the classified or unclassified service,
are entitled to sick and disability leave with pay of 1 1/4 working days
for each month of service, which may be cumulative from year to year.
After an employee has accumulated 90 working days of sick leave, the
amount of additional unused sick leave which he is entitled to carry
forward from 1 year to the next is limited to one-half of the unused sick
leave accrued during that year, but the Commission may by regulation
provide for subsequent use of unused sick leave accrued but not carried
forward because of this limitation in cases where the employee is
suffering from a long-term or chronic illness and has used all sick leave
otherwise available to him.
2. Upon the retirement of an employee, his termination through no
fault of his own or his death while in public employment, the employee or
his beneficiaries are entitled to payment:
(a) For his unused sick leave in excess of 30 days, exclusive of
any unused sick leave accrued but not carried forward, according to his
number of years of public service, except service with a political
subdivision of the State, as follows:
(1) For 10 years of service or more but less than 15 years,
not more than $2,500.
(2) For 15 years of service or more but less than 20 years,
not more than $4,000.
(3) For 20 years of service or more but less than 25 years,
not more than $6,000.
(4) For 25 years of service, not more than $8,000.
(b) For his unused sick leave accrued but not carried forward, an
amount equal to one-half of the sum of:
(1) His hours of unused sick leave accrued but not carried
forward; and
(2) An additional 120 hours.
3. The Commission may by regulation provide for additional sick
and disability leave for long-term employees and for prorated sick and
disability leave for part-time employees.
4. An employee entitled to payment for unused sick leave pursuant
to subsection 2 may elect to receive the payment in any one or more of
the following forms:
(a) A lump-sum payment.
(b) An advanced payment of the premiums or contributions for
insurance coverage for which he is otherwise eligible pursuant to chapter
287 of NRS. If the insurance coverage is
terminated and the money advanced for premiums or contributions pursuant
to this subsection exceeds the amount which is payable for premiums or
contributions for the period for which the former employee was actually
covered, the unused portion of the advanced payment must be paid promptly
to the former employee or, if he is deceased, to his beneficiary.
(c) The purchase of additional retirement credit, if he is
otherwise eligible pursuant to chapter 286 of
NRS.
5. Officers and members of the faculty of the Nevada System of
Higher Education are entitled to sick and disability leave as provided by
the regulations adopted pursuant to subsection 2 of NRS 284.345 .
6. The Commission may by regulation provide policies concerning
employees with mental or emotional disorders which:
(a) Use a liberal approach to the granting of sick leave or leave
without pay to such an employee if it is necessary for him to be absent
for treatment or temporary hospitalization.
(b) Provide for the retention of the job of such an employee for a
reasonable period of absence, and if an extended absence necessitates
separation or retirement, provide for the reemployment of such an
employee if at all possible after recovery.
(c) Protect employee benefits, including, without limitation,
retirement, life insurance and health benefits.
7. The Commission shall establish by regulation a schedule for the
accrual of sick leave for employees who regularly work more than 40 hours
per week or 80 hours biweekly. The schedule must provide for the accrual
of sick leave at the same rate proportionately as employees who work a
40-hour week accrue sick leave.
8. The Department may investigate any instance in which it
believes that an employee has taken sick or disability leave to which he
was not entitled. If, after notice to the employee and a hearing, the
Commission determines that he has taken sick or disability leave to which
he was not entitled, the Commission may order the forfeiture of all or
part of his accrued sick leave.
[3:273:1953] + [Part 43:351:1953]—(NRS A 1960, 487; 1961, 426;
1963, 1048; 1965, 675; 1969, 1115, 1427; 1973, 815; 1977, 1093; 1979,
939; 1981, 1042, 1744; 1983, 636; 1991, 1172, 1968; 1993, 379, 589; 1999,
3020 ; 2001 Special Session, 63 ; 2003, 1447 )
1. All employees, whether in the classified or in the unclassified
service of the State of Nevada, must be paid their salaries as fixed by
law without diminution on account of any time spent away from state
employment while acting as:
(a) Volunteer firefighters of any regular organized and recognized
fire department in the protection of life or property;
(b) Volunteer emergency medical technicians certified pursuant to
chapter 450B of NRS;
(c) Volunteer reserve members of a police department or a sheriff’s
office; or
(d) Volunteer ambulance drivers or attendants,
Ê during working hours or fractions thereof which should otherwise have
been devoted to state employment.
2. As used in this section, “volunteer ambulance driver or
attendant” means a person who is a driver of or attendant on an ambulance
owned or operated by:
(a) A nonprofit organization that provides volunteer ambulance
service in any county, city or town in this State; or
(b) A political subdivision of this State.
(Added to NRS by 1969, 43; A 1995, 119; 1997, 469; 2005, 323 )
1. An officer or employee in the public service who performs
active military service in the Armed Forces of the United States or any
other category of persons designated by the President of the United
States or the Governor of this State, including, without limitation, the
Commissioned Corps of the United States Public Health Service, in time of
war or emergency is entitled to civil leave with reduced pay for the
period of such service.
2. The pay that an officer or employee is entitled to receive
pursuant to this section is the difference between the pay that he would
have otherwise received as an officer or employee and his pay for active
military service. If his pay for active military service is greater than
the pay that he would have otherwise received as an officer or employee,
the officer or employee is not entitled to receive any additional pay
pursuant to this section while he performs active military service.
3. As used in this section, “pay for active military service”
means the base pay that a person receives for active military service as
determined by the rank or grade of the person. The term does not include
any other type of pay that a person may be entitled to receive for active
military service, including, without limitation, imminent danger pay or
family separation allowance.
(Added to NRS by 2005, 2449 )
A permanent
or probationary employee who performs active military service under the
provisions of any national military service or training act, or who
voluntarily serves in the Armed Forces of the United States in time of
war, or in such types of service as the Commission by regulation may
prescribe, is, upon application, entitled to leave of absence without pay
for the period of such service plus a period not to exceed 90 days. If
within that period he applies for reinstatement, he must be reinstated to
his former class of position, or to a class of position having like
seniority, status and pay, or, if those positions have been abolished, to
the nearest approximation thereof consistent with the circumstances.
[45:351:1953]—(NRS A 1963, 1048; 1983, 637; 2003, 1448 )
1. Any person holding a permanent position in the classified
service may be granted a leave of absence without pay. Leave of absence
may be granted to any person holding a position in the classified service
to permit acceptance of an appointive position in the unclassified
service. Leave of absence must be granted to any person holding a
position in the classified service to permit acceptance of a position in
the Legislative Branch during a regular or special session of the
Legislature, including a reasonable period before and after the session
if the entire period of employment in the Legislative Branch is
continuous.
2. If a person is granted a leave of absence without pay to permit
acceptance of an appointive position in the unclassified service or a
position in the Legislative Branch, any benefits earned while he is in
the:
(a) Classified service are retained and must be paid by the
employer in the classified service, whether or not the person returns to
the classified service.
(b) Unclassified service or employed by the Legislative Branch are
retained and must be paid by the appointing authority in the unclassified
service or by the Legislative Branch, if he does not return to the
classified service, or by the employer in the classified service, if he
returns to the classified service.
3. Any person in the unclassified service, except members of the
academic staff of the Nevada System of Higher Education, may be granted
by the appointing authority a leave of absence without pay for a period
not to exceed 6 months.
4. Officers and members of the faculty of the Nevada System of
Higher Education may be granted leaves of absence without pay as provided
by the regulations prescribed pursuant to subsection 2 of NRS 284.345
.
5. Except as otherwise provided in subsection 6, a person in the
classified or unclassified service who:
(a) Is the natural parent of a child who is less than 6 months old;
or
(b) Has recently adopted a child,
Ê must be granted, upon request, a leave of absence without pay for a
period not to exceed 12 weeks. Such a request by natural parents must be
submitted at least 3 months before the date upon which the requested
leave will begin, unless a shorter notice is approved by the employer.
Such a request by adoptive parents must be submitted not fewer than 2
working days after the parents receive notice of the approval of the
adoption. This subsection does not affect the rights of an employee set
forth in NRS 284.350 or 284.355 .
6. The provisions of subsection 5 are effective only if the Family
and Medical Leave Act of 1993, 29 U.S.C. §§ 2601 et seq., or a subsequent
federal law ceases to provide for a parental leave of absence of at least
12 weeks.
[4:273:1953] + [44:351:1953]—(NRS A 1959, 85; 1961, 426; 1969,
1428; 1987, 657; 1989, 1647; 1993, 380, 1211; 1997, 490)
1. As used in NRS 284.362 to
284.3629 , inclusive:
(a) “Catastrophe” means:
(1) The employee is unable to perform the duties of his
position because of a serious illness or accident which is life
threatening or which will require a lengthy convalescence;
(2) There is a serious illness or accident which is life
threatening or which will require a lengthy convalescence in the
employee’s immediate family; or
(3) There is a death in the employee’s immediate family.
(b) “Committee” means the Committee on Catastrophic Leave created
pursuant to NRS 284.3627 .
2. The Commission shall adopt regulations further defining
“catastrophe” to ensure that the term is limited to serious calamities.
(Added to NRS by 1989, 693; A 1993, 1113; 1995, 743; 2001, 2140
)
1. Each appointing authority may establish an account for
catastrophic leave.
2. An employee of an appointing authority may request, in writing,
that a specified number of hours of his accrued annual or sick leave be
transferred from his account to the account for catastrophic leave.
3. An employee may not transfer to the account for catastrophic
leave any hours of sick leave if the balance in his account after the
transfer is less than 240 hours.
4. The maximum number of hours which may be transferred by an
employee in any 1 calendar year is 120. The minimum number of hours which
may be transferred in any 1 calendar year is 8.
5. An employee may transfer hours to any such account for
catastrophic leave for use by a particular employee in any branch of
State Government who is eligible to receive them. A record of the source
and number of hours of leave transferred among different appointing
authorities for this purpose and the date of the transfer must be
maintained by each appointing authority. Leave transferred in excess of
the amount approved for use by a particular employee must be returned to
the employee’s account from which it originated. The Commission shall, by
regulation, determine the procedure to return excess leave.
6. Any hours of annual or sick leave which are transferred from
any employee’s account to the account for catastrophic leave and not
designated for use by a particular employee may not be returned or
restored to the originating employee. This subsection does not prevent
the employee from receiving leave pursuant to NRS 284.3622 .
(Added to NRS by 1989, 693; A 1993, 1113)
1. An employee of an appointing authority may request, in writing,
that a specified number of hours of leave be transferred from the account
for catastrophic leave to his account. The maximum number of hours that
may be transferred to an employee pursuant to this section is 1,040 in
any 1 calendar year.
2. The request must include:
(a) The employee’s name, title and classification; and
(b) A description of the catastrophe and the expected duration of
leave required for that catastrophe.
3. An employee may not receive any leave from the account for
catastrophic leave until he has used all his accrued annual, sick and
compensatory leave.
4. An employee who receives leave from the account for
catastrophic leave is entitled to payment for that leave at a rate no
greater than his own rate of pay.
(Added to NRS by 1989, 693; A 1993, 1113; 1995, 743)
The appointing authority may approve the transfer of a
specified number of hours of leave from the account for catastrophic
leave to the account of any employee who the appointing authority
determines is eligible to receive such leave.
(Added to NRS by 1989, 694; A 1993, 1113; 2001, 2140 )
1. The appointing authority shall review the status of the
employee regarding the catastrophe and determine when the need to take
leave for the catastrophe no longer exists.
2. The appointing authority shall not grant any hours of leave
from the account for catastrophic leave after:
(a) The need to take leave for the catastrophe ceases to exist; or
(b) The employee who is receiving the leave resigns or his
employment with the appointing authority is terminated.
3. Any leave which the employee received from the account for
catastrophic leave which was not used at the time the need to take leave
for the catastrophe ceases to exist or upon the resignation or
termination of the employment of the employee must be returned to the
account for catastrophic leave.
(Added to NRS by 1989, 694; A 1993, 1113; 1995, 744)
Each appointing authority shall maintain records and report
to the Director any information concerning the use of an account for
catastrophic leave to evaluate the effectiveness, feasibility and cost to
carry out the provisions of NRS 284.362
to 284.3629 , inclusive.
(Added to NRS by 1989, 694; A 1993, 1113)
The
Commission shall adopt regulations to carry out the provisions of NRS
284.362 to 284.3629 , inclusive.
(Added to NRS by 1989, 694; A 1993, 1113)
1. There is hereby created within the Department the Committee on
Catastrophic Leave composed of five members appointed by the Governor.
2. The Committee must be composed of:
(a) Three members who are executive officers of state agencies; and
(b) Two members who are representatives of labor.
3. The members of the Committee serve at the pleasure of the
Governor.
4. After the initial terms, each member of the Committee serves
for a term of 3 years. Each member of the Committee continues in office
until his successor is appointed. Any member of the Committee may be
reappointed.
5. A vacancy in the membership of the Committee must be filled in
the same manner as the original appointment for the remainder of the
unexpired term.
6. The members of the Committee serve without compensation, except
that the members are entitled to receive the per diem allowance and
travel expenses provided for state officers and employees generally while
engaged in the official business of the Committee.
(Added to NRS by 2001, 2139 )
1. The members of the Committee shall elect a Chairman and Vice
Chairman from among their members. After the initial election, the
Chairman and Vice Chairman serve in the office for a term of 1 year
beginning on July 1 of each year. If a vacancy occurs in the chairmanship
or vice chairmanship, the members of the Committee shall elect a Chairman
or Vice Chairman from among their members to serve for the remainder of
the unexpired term.
2. Any three members of the Committee constitute a quorum, and a
majority vote of the quorum is required to take action with respect to
any matter.
3. The Committee shall adopt:
(a) Rules for its own management; and
(b) Such rules of practice and procedure as are necessary to carry
out its duties.
4. The Committee shall hold such hearings as are necessary to
carry out the provisions of NRS 284.3629 .
5. The Director or his designee shall act as the nonvoting
recording Secretary of the Committee.
(Added to NRS by 2001, 2139 )
1. An employee aggrieved by any decision of an appointing
authority made pursuant to NRS 284.362
to 284.3629 , inclusive, may appeal
from the decision by filing a written notice of appeal with the Committee
within 10 days after the date of the decision.
2. The Committee shall:
(a) Within 5 days after receiving a notice of appeal, schedule a
hearing on the merits of the appeal for a date not later than 20 days
after its receipt of the notice.
(b) Cause notice of the date and time of the hearing to be given to
the employee and the appointing authority by mail or by personal service.
(c) Conduct the hearing expeditiously and informally. Technical
rules of evidence do not apply at the hearing.
3. The employee may file a written request with the Committee to
give preference in scheduling the hearing. The request must set forth
facts showing that the seriousness of the alleged catastrophe requires an
expedited appeal.
4. The employee may represent himself at the hearing or be
represented by an attorney or other person of the employee’s own choosing.
5. The Committee shall:
(a) Render a decision in writing within 10 days after the hearing,
setting forth the reasons therefor.
(b) Cause notice of the decision to be given to the employee and
the appointing authority by mail or by personal service.
6. The decision of the Committee is final and is not subject to
judicial review or the procedure for the adjustment of grievances
pursuant to NRS 284.384 .
7. A meeting or hearing held by the Committee to carry out the
provisions of this section and the Committee’s deliberations on the
information or evidence received are not subject to any provision of
chapter 241 of NRS.
(Added to NRS by 2001, 2140 )
TRANSFERS
In accordance with regulations
established by the Commission, transfers in the classified service may be
made from one position to another position within the same grade when the
duties are similar and when such action is specifically approved by the
Director.
[40:351:1953] + [Part 52:351:1953]—(NRS A 1963, 1049; 1983, 637;
2003, 1448 )
1. Within 10 working days after the effective date of his transfer
pursuant to the provisions of NRS 284.375 , a permanent classified employee who has been
transferred without his consent may request in writing a hearing before
the hearing officer of the Department to determine whether the transfer
was made for the purpose of harassing the employee. The request may be
made by mail and shall be deemed timely if it is postmarked within 10
working days after the effective date of the employee’s transfer. The
hearing must be conducted in accordance with the procedures set forth in
NRS 284.390 to 284.405 , inclusive.
2. If the hearing officer determines that the transfer was made
for the purpose of harassing the employee, the transfer must be set aside
and the employee must be returned to his former position. If the transfer
caused the employee to be away from his original headquarters, the
employee is entitled to be paid expense allowances as provided in NRS
281.160 for the period the transfer was
in effect.
3. The decision of the hearing officer is binding on the parties.
(Added to NRS by 1973, 588; A 1979, 1353; 1983, 247, 637; 1989,
1587)
1. Except as otherwise provided in this section, employees of the
Supreme Court, employees in the unclassified service of the Executive
Branch of the Government of the State of Nevada, or employees of the
Legislative Branch of the Government of the State of Nevada who have
served for 4 consecutive months or more are entitled to transfer to a
position having similar duties and compensation in the classified service
of the State on the same basis as employees may transfer within the
classified service from a position under one appointing authority to a
position under another appointing authority. The benefit conferred by
this subsection includes any exemption from the taking of a competitive
examination, retention of credits for annual and sick leave and
longevity, and priority on the lists of eligible persons to the extent
that such privileges are accorded to employees transferring within the
classified service.
2. Except as otherwise provided in subsection 4, the benefits
conferred by subsection 1 do not apply to an employee in the unclassified
service who is the chief officer of a department or division.
3. Except as otherwise provided in this subsection and subsection
4, a person may not transfer pursuant to subsection 1 to a class composed
of:
(a) Professionally qualified persons; or
(b) Officers and administrators who set broad policies and exercise
responsibility for the execution of those policies.
Ê A person may transfer to a class described in paragraph (a) or (b) if
that class is provided for pursuant to subsection 2 of NRS 284.155 .
4. The restrictions provided in subsections 2 and 3 do not apply
to an employee of the Supreme Court, an employee in the unclassified
service of the Executive Branch of Government or an employee of the
Legislative Branch of Government whose appointment to that position was
immediately preceded by an appointment in the classified service, except
that such an employee may only transfer to a position in the classified
service that has duties and compensation that are similar either to his
current position or to a position he previously held in the classified
service.
5. An employee in the classified service of the State who is
granted leave without pay to accept a position in the Legislative Branch
of Government during a regular or special session:
(a) Is entitled to be restored to his previous position in the
classified service upon the completion of the legislative session without
loss of seniority or benefits. Seniority must be calculated as if he had
not taken the leave.
(b) Is eligible to fill vacancies in positions within the
classified service to the extent that he would be eligible if he was not
on leave from his position in the classified service.
6. An employee of the Legislative Branch of the Government of the
State of Nevada who is employed at the conclusion of a regular session of
the Legislature and is eligible at that time pursuant to subsection 1 to
transfer to a position having similar duties and compensation in the
classified service of the State may transfer to such a position on or
before November 1 following session notwithstanding the termination of
his employment with the Legislative Branch of Government before that
date. For the purposes of this section, the weekly compensation of a
person paid a daily salary during a legislative session is seven times
the daily salary.
(Added to NRS by 1979, 38; A 1989, 1648; 2001, 3205 )
RETENTION IN AND SEPARATIONS FROM SERVICE
In the employment of a person with a disability in the state
service, continued efforts must be made to retain the person by making
reasonable accommodations that enable him to perform the essential
functions of the position and to enjoy the benefits and privileges of his
position. An appointing authority shall consider separation or disability
retirement if an employee can no longer perform the essential functions
of the position with or without reasonable accommodations.
(Added to NRS by 1965, 675; A 1993, 471; 2003, 1448 )
1. In accordance with regulations, an appointing authority may lay
off an employee in the classified service whenever he deems it necessary
by reason of shortage of work or money or of the abolition of a position
or of other material changes in duties or organization.
2. Among other factors, an appointing authority shall consider, in
the manner provided by regulation, the status, seniority and service
rating of employees in determining the order of layoffs.
3. Within a reasonable time before the effective date of a
proposed layoff, the appointing authority shall give written notice
thereof to the Director. The Director shall make such orders relating
thereto as he considers necessary to secure compliance with the
regulations.
4. The name of every regular employee so laid off must be placed
on an appropriate reemployment list.
[48:351:1953]—(NRS A 1963, 1049; 1983, 637)
Once an employee’s written resignation is accepted by his appointing
authority, the employee may not revoke the resignation, regardless of the
effective date set forth in it, if 3 or more working days have elapsed
since its acceptance, unless the appointing authority approves the
revocation.
(Added to NRS by 1981, 1039)
1. The Commission shall adopt by regulation a system for
administering disciplinary measures against a state employee in which,
except in cases of serious violations of law or regulations, less severe
measures are applied at first, after which more severe measures are
applied only if less severe measures have failed to correct the
employee’s deficiencies.
2. The system adopted pursuant to subsection 1 must provide that a
state employee is entitled to receive a copy of any findings or
recommendations made by an appointing authority or his representative, if
any, regarding proposed disciplinary action.
(Added to NRS by 1979, 1353; A 1995, 233)
1. The Commission shall adopt regulations which provide for the
adjustment of grievances for which a hearing is not provided by NRS
284.165 , 284.245 , 284.3629 ,
284.376 or 284.390 . Any grievance for which a hearing is not
provided by NRS 284.165 , 284.245 , 284.3629 ,
284.376 or 284.390 is subject to adjustment pursuant to this
section.
2. The regulations must provide procedures for:
(a) Consideration and adjustment of the grievance within the agency
in which it arose.
(b) Submission to the Employee-Management Committee for a final
decision if the employee is still dissatisfied with the resolution of the
dispute.
3. The regulations must include provisions for:
(a) Submitting each proposed resolution of a dispute which has a
fiscal effect to the Budget Division of the Department of Administration
for a determination by that Division whether the resolution is feasible
on the basis of its fiscal effects; and
(b) Making the resolution binding.
4. Any grievance which is subject to adjustment pursuant to this
section may be appealed to the Employee-Management Committee for a final
decision.
5. The employee may represent himself at any hearing regarding a
grievance which is subject to adjustment pursuant to this section or be
represented by an attorney or other person of the employee’s own choosing.
6. As used in this section, “grievance” means an act, omission or
occurrence which an employee who has attained permanent status feels
constitutes an injustice relating to any condition arising out of the
relationship between an employer and an employee, including, but not
limited to, compensation, working hours, working conditions, membership
in an organization of employees or the interpretation of any law,
regulation or disagreement.
(Added to NRS by 1981, 538; A 1983, 362, 638; 1989, 1244; 1993,
544; 2001, 1440 ; 2003, 155 , 1449 )
1. An appointing authority may:
(a) Dismiss or demote any permanent classified employee when he
considers that the good of the public service will be served thereby.
(b) Except as otherwise provided in NRS 284.148 , suspend without pay, for disciplinary
purposes, a permanent employee for a period not to exceed 30 days.
2. A dismissal, involuntary demotion or suspension does not become
effective until the employee is notified in writing of the dismissal,
involuntary demotion or suspension and the reasons therefor. The notice
may be delivered personally to the employee or mailed to him at his last
known address by registered or certified mail, return receipt requested.
If the notice is mailed, the effective date of the dismissal, involuntary
demotion or suspension shall be deemed to be the date of delivery or if
the letter is returned to the sender, 3 days after mailing.
3. No employee in the classified service may be dismissed for
religious or racial reasons.
[49:351:1953]—(NRS A 1963, 1049; 1977, 991; 1993, 2092)
An employee who is
the subject of an internal administrative investigation that could lead
to disciplinary action against him pursuant to NRS 284.385 must be:
1. Provided notice in writing of the allegations against him
before he is questioned regarding the allegations; and
2. Afforded the right to have a lawyer or other representative of
his choosing present with him at any time that he is questioned regarding
those allegations. The employee must be given not less than 2 business
days to obtain such representation, unless he waives his right to be
represented.
(Added to NRS by 2003, 2003 )
1. Within 10 working days after the effective date of his
dismissal, demotion or suspension pursuant to NRS 284.385 , an employee who has been dismissed, demoted
or suspended may request in writing a hearing before the hearing officer
of the Department to determine the reasonableness of the action. The
request may be made by mail and shall be deemed timely if it is
postmarked within 10 working days after the effective date of the
employee’s dismissal, demotion or suspension.
2. The hearing officer shall grant the employee a hearing within
20 working days after receipt of the employee’s written request unless
the time limitation is waived, in writing, by the employee or there is a
conflict with the hearing calendar of the hearing officer, in which case
the hearing must be scheduled for the earliest possible date after the
expiration of the 20 days.
3. The employee may represent himself at the hearing or be
represented by an attorney or other person of the employee’s own choosing.
4. Technical rules of evidence do not apply at the hearing.
5. After the hearing and consideration of the evidence, the
hearing officer shall render his decision in writing, setting forth the
reasons therefor.
6. If the hearing officer determines that the dismissal, demotion
or suspension was without just cause as provided in NRS 284.385 , the action must be set aside and the employee
must be reinstated, with full pay for the period of dismissal, demotion
or suspension.
7. The decision of the hearing officer is binding on the parties.
8. Any petition for judicial review of the decision of the hearing
officer must be filed in accordance with the provisions of chapter 233B
of NRS.
[50:351:1953]—(NRS A 1969, 897; 1973, 275, 589; 1977, 62, 992;
1983, 247, 638; 1989, 1587, 1653; 1993, 544)
1. The hearing officer may, upon application of any party to a
hearing held pursuant to NRS 284.390 or
284.376 , issue subpoenas requiring the
attendance and testimony of witnesses at the proceeding.
2. The hearing officer may, upon motion of a party, direct that an
opposing party participate in a discovery conference at which both
parties and their counsel may put questions to the other party and
receive answers, or request and receive copies of relevant documents or
examine relevant documents and records and any other physical evidence
which the opposing party intends to use at the hearing.
3. The hearing officer, or any agent or agency designated by the
Commission for such purposes, may administer oaths and affirmations and
examine witnesses.
(Added to NRS by 1969, 1134; A 1973, 590; 1979, 1354; 1983, 248)
A subpoena issued
pursuant to NRS 284.391 extends to all
parts of the State and must be served in accordance with the provisions
of N.R.C.P. 4 (c). No witness may be required to attend at a place out of
the county in which he resides unless the distance is less than 100 miles
from his place of residence, except, upon affidavit of any party showing
that the testimony of that witness is material and necessary, the hearing
officer may endorse on the subpoena an order requiring the attendance of
the witness in response to the subpoena.
(Added to NRS by 1969, 1134; A 1973, 590; 1979, 1354; 1983, 249)
1. All witnesses appearing pursuant to subpoena, other than
parties or officers or employees of the State or any political
subdivision thereof, are entitled to receive fees and mileage in the same
amounts and under the same circumstances as prescribed by law for
witnesses in civil actions in the district courts.
2. Witnesses entitled to fees or mileage who attend hearings at
points so far removed from their residences as to prohibit return thereto
from day to day are entitled, in addition to fees and mileage, to the per
diem compensation for subsistence and transportation authorized by NRS
281.160 for each day of actual
attendance and for each day necessarily occupied in traveling to and from
the hearings.
3. Fees for subsistence and transportation expenses must be paid
by the party at whose request the witness is subpoenaed. The hearing
officer may award as costs the amount of all such expenses to the
prevailing party.
(Added to NRS by 1969, 1134; A 1973, 591; 1979, 1354; 1983, 249)
Upon request of the Director, the officers having control of
public buildings in political subdivisions and in school districts shall
furnish convenient and reasonable space and necessary furniture, heat and
light for the holding of hearings and investigations authorized by this
chapter.
[Part 60:351:1953]—(NRS A 1963, 1049; 1983, 639)
USE OF ALCOHOL OR DRUGS BY EMPLOYEES
It is the policy of this state to ensure that its employees
do not:
1. Report for work in an impaired condition resulting from the use
of alcohol or drugs;
2. Consume alcohol while on duty; or
3. Unlawfully possess or consume any drugs while on duty, at a
work site or on state property.
(Added to NRS by 1991, 1348)
As used in NRS 284.406 to 284.407 ,
inclusive, unless the context otherwise requires:
1. “Employee” means a person in the classified or unclassified
service of the State.
2. “Screening test” means a test of a person’s:
(a) Breath or blood to detect the general presence of alcohol; or
(b) Urine to detect the general presence of a controlled substance
or any other drug,
Ê which could impair that person’s ability to perform the duties of
employment safely and efficiently.
(Added to NRS by 1991, 1348; A 1993, 2252; 2001, 1441 )
1. Except as otherwise provided in subsection 3, an employee who:
(a) Consumes or is under the influence of alcohol while on duty,
unless the alcohol is an integral part of a commonly recognized
medication which the employee consumes pursuant to the manufacturer’s
instructions or in accordance with a lawfully issued prescription;
(b) Possesses, consumes or is under the influence of a controlled
substance while on duty, at a work site or on state property, except in
accordance with a lawfully issued prescription; or
(c) Consumes or is under the influence of any other drug which
could interfere with the safe and efficient performance of his duties,
unless the drug is an integral part of a commonly recognized medication
which the employee consumes pursuant to the manufacturer’s instructions
or in accordance with a lawfully issued prescription,
Ê is subject to disciplinary action. An appointing authority may
summarily discharge an employee who, within a period of 5 years, commits
a second act which would subject him to disciplinary action pursuant to
this subsection.
2. A state agency shall refer an employee who:
(a) Tests positive for the first time in a screening test; and
(b) Has committed no other acts for which he is subject to
termination during the course of conduct giving rise to the screening
test,
Ê to an employee assistance program. An employee who fails to accept such
a referral or fails to complete such a program successfully is subject to
further disciplinary action.
3. Subsection 1 does not apply to:
(a) An employee who consumes alcohol in the course of his
employment while hosting or attending a special event.
(b) A peace officer who possesses a controlled substance or
consumes alcohol within the scope of his duties.
(Added to NRS by 1991, 1348; A 1995, 1714)
Except as otherwise provided
in subsection 5 of NRS 284.4065 , an
employee who:
1. Fails to notify his supervisor as soon as possible after
consuming any drug which could interfere with the safe and efficient
performance of his duties;
2. Fails or refuses to submit to a screening test as requested by
a state agency pursuant to subsection 1 or 2 of NRS 284.4065 ; or
3. After taking a screening test which indicates the presence of a
controlled substance, fails to provide proof, within 72 hours after being
requested by his appointing authority, that he had taken the controlled
substance as directed pursuant to a current and lawful prescription
issued in his name,
Ê is subject to disciplinary action.
(Added to NRS by 1991, 1349; A 1993, 2252)
1. If an employee informs his appointing authority that he has
consumed any drug which could interfere with the safe and efficient
performance of his duties, the appointing authority may require the
employee to obtain clearance from his physician before he continues to
work.
2. If an appointing authority reasonably believes, based upon
objective facts, that an employee’s ability to perform his duties safely
and efficiently:
(a) May be impaired by the consumption of alcohol or other drugs,
it may ask the employee whether he has consumed any alcohol or other
drugs and, if so:
(1) The amount and types of alcohol or other drugs consumed
and the time of consumption; and
(2) If a controlled substance was consumed, the name of the
person who prescribed its use.
(b) Is impaired by the consumption of alcohol or other drugs, it
shall prevent the employee from continuing work and transport him or
cause him to be transported safely away from his place of employment in
accordance with regulations adopted by the Commission.
(Added to NRS by 1991, 1349; A 2003, 1449 )
1. Except as otherwise provided in subsection 2, an appointing
authority may request an employee to submit to a screening test only if
the appointing authority:
(a) Reasonably believes, based upon objective facts, that the
employee is under the influence of alcohol or drugs which are impairing
his ability to perform his duties safely and efficiently;
(b) Informs the employee of the specific facts supporting its
belief pursuant to paragraph (a), and prepares a written record of those
facts; and
(c) Informs the employee in writing:
(1) Of whether the test will be for alcohol or drugs, or
both;
(2) That the results of the test are not admissible in any
criminal proceeding against him; and
(3) That he may refuse the test, but that his refusal may
result in his dismissal or in other disciplinary action being taken
against him.
2. An appointing authority may request an employee to submit to a
screening test if the employee:
(a) Is a law enforcement officer and, during the performance of his
duties, he discharges a firearm, other than by accident; or
(b) During the performance of his duties, drives a motor vehicle in
such a manner as to cause bodily injury to himself or another person or
substantial damage to property.
Ê For the purposes of this subsection, the Commission shall, by
regulation, define the term “substantial damage to property.”
3. An appointing authority may place an employee who submits to a
screening test on administrative leave with pay until the appointing
authority receives the results of the test.
4. An appointing authority shall:
(a) Within a reasonable time after an employee submits to a
screening test to detect the general presence of a controlled substance
or any other drug, allow the employee to obtain at his expense an
independent test of his urine or blood from a laboratory of his choice
which is certified by the United States Department of Health and Human
Services.
(b) Within a reasonable time after an employee submits to a
screening test to detect the general presence of alcohol, allow the
employee to obtain at his expense an independent test of his blood from a
laboratory of his choice.
(c) Provide the employee with the written results of his screening
test within 3 working days after it receives those results.
5. An employee is not subject to disciplinary action for testing
positive in a screening test or refusing to submit to a screening test if
the appointing authority fails to comply with the provisions of this
section.
6. An appointing authority shall not use a screening test to
harass an employee.
(Added to NRS by 1991, 1350; A 1993, 2253; 1997, 1606; 2003, 1450
)
1. Each appointing authority shall, subject to the approval of the
Commission, determine whether each of its positions of employment affects
the public safety. The appointing authority shall not hire an applicant
for such a position unless he submits to a screening test to detect the
general presence of a controlled substance. Notice of the provisions of
this section must be given to each applicant for such a position at or
before the time of application.
2. An appointing authority may consider the results of a screening
test in determining whether to employ an applicant. If those results
indicate the presence of a controlled substance, the appointing authority
shall not hire the applicant unless he provides, within 72 hours after
being requested by the appointing authority, proof that he had taken the
controlled substance as directed pursuant to a current and lawful
prescription issued in his name.
3. An appointing authority shall, at the request of an applicant,
provide him with the results of his screening test.
(Added to NRS by 1991, 1350; A 1993, 2254; 2003, 1450 )
1. A screening test:
(a) To detect the general presence of a controlled substance or any
other drug, must be conducted by an independent laboratory that is
certified by the United States Department of Health and Human Services.
(b) To detect the general presence of alcohol or of a controlled
substance or any other drug, must be administered in such a manner as to
protect the person tested from any unnecessary embarrassment.
2. Except as otherwise provided in subsection 3, a sample of urine
provided for use in a screening test must not be used for any test or
purpose without the prior written consent of the person providing the
sample. The appointing authority shall ensure that the person retains
possession and control of his sample until it is appropriately tagged and
sealed with tamper-proof tape.
3. If the results of a screening test indicate the presence of any
drug which could impair the ability of a person to perform the duties of
employment safely and efficiently:
(a) The laboratory shall conduct another test of the same sample of
urine to ascertain the specific substances and concentration of those
substances in the sample; and
(b) The appointing authority shall provide the person tested with
an opportunity to have the same sample tested at his expense by a
laboratory of his choice certified by the United States Department of
Health and Human Services.
(Added to NRS by 1991, 1351; A 1993, 2254; 1997, 1607)
The results of a screening test taken
pursuant to NRS 284.4061 to 284.407
, inclusive, are confidential and:
1. Are not admissible in a criminal proceeding against the person
tested;
2. Must be securely maintained by the appointing authority or his
designated representative separately from other files concerning
personnel; and
3. Must not be disclosed to any person, except:
(a) Upon the written consent of the person tested;
(b) As required by medical personnel for the diagnosis or treatment
of the person tested, if he is physically unable to give his consent to
the disclosure;
(c) As required pursuant to a properly issued subpoena;
(d) When relevant in a formal dispute between the appointing
authority and the person tested; or
(e) As required for the administration of a plan of benefits for
employees.
(Added to NRS by 1991, 1351)
The Department shall
provide training in the provisions of NRS 284.4061 to 284.407 ,
inclusive, to employees of appointing authorities whose duties include
the supervision of other employees.
(Added to NRS by 1991, 1351)
The Commission shall adopt such
regulations as are necessary to carry out the purposes of NRS 284.406
to 284.4069 , inclusive.
(Added to NRS by 1991, 1352; A 2003, 1451 )
PROHIBITIONS AND OFFENSES
No person shall
make any false statement, certificate, mark, rating or report with regard
to any examination, certification or appointment made under any provision
of this chapter, or in any manner commit or attempt to commit any fraud
preventing the impartial execution of this chapter and the rules and
regulations.
[69:351:1953]
No person shall, directly or indirectly, give, render, pay,
offer, solicit or accept any money, service or other valuable
consideration for or on account of any appointment, proposed appointment,
promotion or proposed promotion to, or any advantage in, a position in
the classified service.
[70:351:1953]
An employee of the Department, examiner, or other person shall not
defeat, deceive or obstruct any person in his right to examination,
eligibility, certification or appointment under this chapter, or furnish
to any person any special or secret information for the purpose of
affecting the rights or prospects of any person with respect to
employment in the classified service.
[71:351:1953]—(NRS A 1963, 1050; 1983, 639)
1. Any person who has been or remains a member of any subversive
organization, as defined by the Attorney General of the United States,
composed of two or more members, which directly or indirectly advocates,
advises, teaches or practices the duty, necessity or propriety of
controlling, conducting, seizing or overthrowing the Government of the
United States, the government of this state, or the government of any
political subdivision thereof, by force or violence, shall be ineligible
for appointment to or employment in a position in the public service; and
if he is an officer or employee of the State, he shall forfeit his office
or position.
2. This chapter shall not be construed to prohibit the existence
of an organization of state employees, or to prohibit any state officer
or employee from becoming a member of such an organization.
[72:351:1953]
1. Any person who willfully violates any provision of this chapter
or any provision of the rules and regulations prescribed hereunder shall
be guilty of a misdemeanor.
2. Any person who is convicted of a misdemeanor under this chapter
shall, for a period of 5 years, be ineligible for appointment to or
employment in a position in the public service, and if he is an officer
or employee of the State, he shall forfeit his office or position.
[73:351:1953]—(NRS A 1967, 552)
