[Rev. 11/21/2013 10:35:52 AM--2013]

CHAPTER 280 - METROPOLITAN POLICE DEPARTMENTS

GENERAL PROVISIONS

NRS 280.010           Legislative findings; declaration of purpose.

NRS 280.015           Liberal construction.

NRS 280.020           Definitions.

NRS 280.030           “Board” defined.

NRS 280.040           “City” defined.

NRS 280.045           “Committee” defined.

NRS 280.050           “Department” defined.

NRS 280.060           “Department fund” defined.

NRS 280.065           “Investigative function” defined.

NRS 280.080           “Political subdivision” defined.

NRS 280.085           “Rural program of resident officers” defined.

NRS 280.087           “Taxing district” defined.

NRS 280.095           “Uniformed function in the field” defined.

MERGER

NRS 280.105           Exclusive method for merging law enforcement agency of county whose population is 100,000 or more with city law enforcement agencies.

NRS 280.110           Merger of county and city law enforcement agencies into metropolitan police department.

NRS 280.120           Participating law enforcement agencies superseded upon merger; operation as metropolitan police department.

NRS 280.121           Officers; retention of rank.

NRS 280.123           Transfer of employees of participating political subdivisions; retention of rank, grade and benefits; duties.

NRS 280.125           Establishment and administration of units of specialized law enforcement by participating political subdivisions; jurisdiction and authority.

WITHDRAWAL OR DISSOLUTION

NRS 280.126           Question of withdrawal or dissolution to be submitted to voters; notice of intent to withdraw; effective date of withdrawal or dissolution; voiding of ordinances providing for merger.

NRS 280.127           Transfer of employees upon withdrawal: Determination by committee; retention of comparable rank and grade, pay and benefits; duties and responsibilities.

NRS 280.128           Employees entitled to obtain employment with certain political subdivisions upon dissolution: Discretion of employee; retention of comparable rank and grade, pay and benefits; duties and responsibilities.

NRS 280.129           Certain contracts, franchises and agreements subject to rescission upon withdrawal or dissolution; valid claims not diminished or altered by dissolution.

METROPOLITAN POLICE COMMITTEE ON FISCAL AFFAIRS

NRS 280.130           Composition; compensation; chair.

NRS 280.150           Quorum; voting.

NRS 280.160           Oaths and affirmations.

NRS 280.170           Secretary and clerical personnel.

NRS 280.180           Meetings; notice.

FINANCES

NRS 280.190           Budget and plan for apportionment of expense: Preparation; approval; arbitration.

NRS 280.201           Plan for apportionment of expenses: Exclusions; formula for apportionment; tax ad valorem; statistics and records.

NRS 280.220           Duties of county auditor or county comptroller upon merger, withdrawal or dissolution.

NRS 280.230           Examination and audit of accounts.

NRS 280.240           Allowance of accounts.

NRS 280.250           Approval and payment of claims.

NRS 280.260           Issuance of warrants.

NRS 280.262           Taxing district: Creation; restriction on use; restriction on alteration or abolishment of boundary.

NRS 280.264           Issuance of general obligations to finance capital improvements; levy of tax on property within taxing district; proportionality of obligations for purposes of debt limitation; liability for indebtedness upon withdrawal or dissolution.

NRS 280.265           Taxing district: Proposal to voters of question to levy additional ad valorem tax to employ additional police officers.

NRS 280.2655         Imposition of additional ad valorem tax approved by voters to employ additional police officers; rate; collection; use of proceeds.

NRS 280.266           Issuance of medium-term obligation or entry into lease-purchase agreement to acquire capital equipment; liability for indebtedness upon withdrawal or dissolution.

NRS 280.270           Payment of premiums for industrial insurance.

ADMINISTRATION AND POWERS

NRS 280.280           Transfer of powers and duties to department; contracts; suits; insurance.

NRS 280.284           Contract for operation or maintenance of jail.

NRS 280.287           Contract for provision and supervision of police services in public schools; qualifications and training for officers assigned to school police unit.

NRS 280.305           Pension or insurance for disability.

NRS 280.307           Sheriff of county authorized to adopt administrative policies, procedures, rules and regulations without approval of board or committee; limitation.

NRS 280.310           Civil service system: Applicability; civil service board; oaths; subpoenas; regulations; personnel officer; representation of employee before board.

NRS 280.320           Applicability of Local Government Employee-Management Relations Act and Public Employees’ Retirement Act; representation in negotiations.

PROPERTY

NRS 280.330           Department to succeed to rights of participating political subdivisions; pending claims and actions unaffected.

NRS 280.340           Personal property.

NRS 280.350           Real property.

MISCELLANEOUS PROVISIONS

NRS 280.400           Accident reports and related materials: Provision upon receipt of reasonable fee.

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GENERAL PROVISIONS

      NRS 280.010  Legislative findings; declaration of purpose.

      1.  The Legislature finds:

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

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

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

      (Added to NRS by 1973, 915; A 1975, 1283; 1977, 364)

      NRS 280.015  Liberal construction.  The powers of the various participating political subdivisions and the provisions of this chapter shall be construed liberally to effect the merger of the law enforcement agencies of such political subdivisions without administrative difficulty, it being the intention of the Legislature that the formation of departments be effected in an orderly manner.

      (Added to NRS by 1973, 919)—(Substituted in revision for NRS 280.360)

      NRS 280.020  Definitions.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 280.030 to 280.095, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 1973, 915; A 1979, 532; 1981, 635; 2003, 434)

      NRS 280.030  “Board” defined.  “Board” means a civil service board appointed by the committee.

      (Added to NRS by 1973, 915; A 1981, 635)

      NRS 280.040  “City” defined.  “City” means an incorporated city in this state.

      (Added to NRS by 1973, 915; A 1987, 1719)

      NRS 280.045  “Committee” defined.  “Committee” means a metropolitan police committee on fiscal affairs.

      (Added to NRS by 1981, 635)

      NRS 280.050  “Department” defined.  “Department” means a metropolitan police department created under the provisions of this chapter.

      (Added to NRS by 1973, 915)

      NRS 280.060  “Department fund” defined.  “Department fund” means any fund created in a county treasury under the provisions of NRS 280.220.

      (Added to NRS by 1973, 915; A 1981, 635)

      NRS 280.065  “Investigative function” defined.  “Investigative function” means those units within the department whose primary responsibility is to investigate cases to apprehend and convict criminals.

      (Added to NRS by 1981, 635)

      NRS 280.080  “Political subdivision” defined.  “Political subdivision” means a county in this state or an incorporated city or town within such county.

      (Added to NRS by 1973, 916)

      NRS 280.085  “Rural program of resident officers” defined.  “Rural program of resident officers” means a law enforcement program which provides police protection to a rural area as defined by a metropolitan police department, approved by the governing body of each participating political subdivision before January 1 preceding the commencement of each fiscal year.

      (Added to NRS by 1981, 635)

      NRS 280.087  “Taxing district” defined.  “Taxing district” means a district created pursuant to NRS 280.262.

      (Added to NRS by 2003, 433)

      NRS 280.095  “Uniformed function in the field” defined.  “Uniformed function in the field” means those operating units within the department whose primary responsibilities are to protect the public safety, respond in the first instance to disturbances and calls for service and enforce any traffic regulation.

      (Added to NRS by 1981, 635)

MERGER

      NRS 280.105  Exclusive method for merging law enforcement agency of county whose population is 100,000 or more with city law enforcement agencies.  No county whose population is 100,000 or more may merge its law enforcement agency with the law enforcement agency of any of the cities in that county to create a single law enforcement agency for the participating political subdivisions except pursuant to the provisions of this chapter.

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

      NRS 280.110  Merger of county and city law enforcement agencies into metropolitan police department.

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

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

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

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

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

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

      NRS 280.120  Participating law enforcement agencies superseded upon merger; operation as metropolitan police department.  Upon merger:

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

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

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

      NRS 280.121  Officers; retention of rank.

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

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

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

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

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

      NRS 280.123  Transfer of employees of participating political subdivisions; retention of rank, grade and benefits; duties.

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

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

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

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

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

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

      NRS 280.125  Establishment and administration of units of specialized law enforcement by participating political subdivisions; jurisdiction and authority.

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

      (a) A unit consisting of animal control officers.

      (b) A unit consisting of marshals.

      (c) A unit consisting of park rangers.

      (d) A unit for the investigation of arson.

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

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

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

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

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

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

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

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

      (e) The duties set forth in NRS 171.1223.

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

WITHDRAWAL OR DISSOLUTION

      NRS 280.126  Question of withdrawal or dissolution to be submitted to voters; notice of intent to withdraw; effective date of withdrawal or dissolution; voiding of ordinances providing for merger.

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

      2.  If a department consists of:

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

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

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

      (Added to NRS by 2001, 1656)

      NRS 280.127  Transfer of employees upon withdrawal: Determination by committee; retention of comparable rank and grade, pay and benefits; duties and responsibilities.

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

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

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

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

      (Added to NRS by 2001, 1657)

      NRS 280.128  Employees entitled to obtain employment with certain political subdivisions upon dissolution: Discretion of employee; retention of comparable rank and grade, pay and benefits; duties and responsibilities.

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

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

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

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

      (Added to NRS by 2001, 1657)

      NRS 280.129  Certain contracts, franchises and agreements subject to rescission upon withdrawal or dissolution; valid claims not diminished or altered by dissolution.

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

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

      (Added to NRS by 2001, 1658)

METROPOLITAN POLICE COMMITTEE ON FISCAL AFFAIRS

      NRS 280.130  Composition; compensation; chair.

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

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

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

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

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

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

      (c) May succeed himself or herself.

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

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

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

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

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

      NRS 280.150  Quorum; voting.

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

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

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

      NRS 280.160  Oaths and affirmations.  Members of the committee may administer all oaths or affirmations necessary in discharging the duties of their office.

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

      NRS 280.170  Secretary and clerical personnel.  The committee shall employ a clerk and may employ other clerical personnel necessary to the discharge of its duties. The clerk is secretary for the committee.

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

      NRS 280.180  Meetings; notice.

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

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

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

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

FINANCES

      NRS 280.190  Budget and plan for apportionment of expense: Preparation; approval; arbitration.

      1.  The committee shall:

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

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

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

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

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

      NRS 280.201  Plan for apportionment of expenses: Exclusions; formula for apportionment; tax ad valorem; statistics and records.

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

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

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

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

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

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

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

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

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

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

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

      (c) Administrative or supporting activities.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

      NRS 280.220  Duties of county auditor or county comptroller upon merger, withdrawal or dissolution.

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

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

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

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

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

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

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

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

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

      (Added to NRS by 1973, 918; A 1977, 366; 1981, 640; 2001, 1659)

      NRS 280.230  Examination and audit of accounts.  The committee may examine and audit the accounts of all officers responsible for the care, management, collection or disbursement of any money belonging to the department or appropriated by law or otherwise, for its use and benefit.

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

      NRS 280.240  Allowance of accounts.  The committee shall examine, settle and allow all accounts legally chargeable against the department.

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

      NRS 280.250  Approval and payment of claims.

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

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

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

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

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

      NRS 280.260  Issuance of warrants.

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

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

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

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

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

      NRS 280.262  Taxing district: Creation; restriction on use; restriction on alteration or abolishment of boundary.

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

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

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

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

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

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

      NRS 280.264  Issuance of general obligations to finance capital improvements; levy of tax on property within taxing district; proportionality of obligations for purposes of debt limitation; liability for indebtedness upon withdrawal or dissolution.

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

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

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

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

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

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

      NRS 280.265  Taxing district: Proposal to voters of question to levy additional ad valorem tax to employ additional police officers.

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

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

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

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

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

      (Added to NRS by 2003, 433)

      NRS 280.2655  Imposition of additional ad valorem tax approved by voters to employ additional police officers; rate; collection; use of proceeds.  If the voters of the taxing district approve the levy of an additional ad valorem tax pursuant to NRS 280.265:

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

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

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

      (Added to NRS by 2003, 434)

      NRS 280.266  Issuance of medium-term obligation or entry into lease-purchase agreement to acquire capital equipment; liability for indebtedness upon withdrawal or dissolution.

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

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

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

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

      (Added to NRS by 1997, 1296; A 2001, 1660, 2317; 2003, 69)

      NRS 280.270  Payment of premiums for industrial insurance.  The county auditor or comptroller of a county in which a department is located shall comply with the provisions of NRS 616B.224 on behalf of the department.

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

ADMINISTRATION AND POWERS

      NRS 280.280  Transfer of powers and duties to department; contracts; suits; insurance.

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

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

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

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

      5.  The department may:

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

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

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

      (Added to NRS by 1973, 919; A 1977, 366; 1981, 642; 1987, 96)

      NRS 280.284  Contract for operation or maintenance of jail.  A department may enter into a contract with a county or any participating city for the operation or maintenance, or both, by the department with its own employees of a jail established by the other contracting party.

      (Added to NRS by 1983, 731)

      NRS 280.287  Contract for provision and supervision of police services in public schools; qualifications and training for officers assigned to school police unit.

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

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

      (Added to NRS by 1999, 3463)

      NRS 280.305  Pension or insurance for disability.

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

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

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

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

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

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

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

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

      (Added to NRS by 1975, 1299; A 1981, 642; 1999, 234)

      NRS 280.307  Sheriff of county authorized to adopt administrative policies, procedures, rules and regulations without approval of board or committee; limitation.  The sheriff of the county in which a department is located may adopt such policies, procedures, rules and regulations for the administration of the department and the employees of the department as the sheriff deems appropriate without obtaining the approval of the board or the committee. Such policies, procedures, rules and regulations must not conflict with the regulations prepared by the board and adopted by the committee pursuant to subsection 4 of NRS 280.310.

      (Added to NRS by 2001, 688)

      NRS 280.310  Civil service system: Applicability; civil service board; oaths; subpoenas; regulations; personnel officer; representation of employee before board.

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

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

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

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

      (a) Examination of potential employees;

      (b) Recruitment and placement procedures;

      (c) Classification of positions; and

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

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

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

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

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

      NRS 280.320  Applicability of Local Government Employee-Management Relations Act and Public Employees’ Retirement Act; representation in negotiations.

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

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

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

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

Ê shall represent the department.

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

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

PROPERTY

      NRS 280.330  Department to succeed to rights of participating political subdivisions; pending claims and actions unaffected.

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

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

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

      (Added to NRS by 1973, 921)

      NRS 280.340  Personal property.

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

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

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

Ê shall be vested in and transferred to the department.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

      NRS 280.350  Real property.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

MISCELLANEOUS PROVISIONS

      NRS 280.400  Accident reports and related materials: Provision upon receipt of reasonable fee.  A metropolitan police department shall, within 7 days after receipt of a written request of a person who claims to have sustained damages as a result of an accident, or his or her legal representative or insurer, and upon receipt of a reasonable fee to cover the cost of reproduction, provide the person or his or her legal representative or insurer, as applicable, with a copy of the accident report and all statements by witnesses and photographs in the possession or under the control of the department that concern the accident, unless:

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

      2.  The accident involved:

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

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

      (c) The commission of a felony.

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