Assembly Bill No. 582

Assembly Bill No. 582-Committee on Government Affairs

June 10, 1997
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Referred to Committee on Government Affairs

SUMMARY--Revises provisions governing rights of peace officers. (BDR 23-1067)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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

AN ACT relating to peace officers; requiring a law enforcement agency to remove from the personnel file of a peace officer certain information relating to unlawful punitive action used against the peace officer; providing a civil penalty for certain unlawful punitive action used against a peace officer; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1 Chapter 289 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2 "Law enforcement agency" means a law enforcement agency of this state or of a local government.
Sec. 3 "Peace officer" means any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive.
Sec. 4 "Punitive action" means any action that may lead to dismissal, demotion, suspension, reduction in salary, written reprimand or transfer of a peace officer for purposes of punishment.
Sec. 5 1. If, as a result of using punitive action against a peace officer, a law enforcement agency violates a provision of this chapter it shall, upon the request of the peace officer, remove any reference in his personnel file relating to the punitive action, including, but not limited to:
(a) Any reference to the activities engaged in by the peace officer that resulted in the punitive action;
(b) The punitive action used;
(c) Any allegations relating to the punitive action; and
(d) The disposition of the punitive action.
2. For the purposes of this section, a law enforcement agency has violated a provision of this chapter as a result of using punitive action against a peace officer if:
(a) The law enforcement agency admits that it violated a provision of this chapter;
(b) A hearing officer in a grievance procedure or an administrative hearing determines that such a violation has occurred; or
(c) A district court in an action brought pursuant to NRS 289.120 determines that such a violation has occurred.
Sec. 6 NRS 289.010 is hereby amended to read as follows:
289.010As used in this chapter, unless the context otherwise requires [:
1. "Peace officer" means any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive.
2. "Punitive action" means any action which may lead to dismissal, demotion, suspension, reduction in salary, written reprimand or transfer of a peace officer for purposes of punishment.] , the words and terms defined in sections 2, 3 and 4 of this act have the meanings ascribed to them in those sections.
Sec. 7 NRS 289.120 is hereby amended to read as follows:
289.120Any peace officer who is aggrieved by an action [of his employer] that was taken by the law enforcement agency that employs him in violation of this chapter may, after exhausting any applicable internal grievance procedures, grievance procedures negotiated pursuant to chapter 288 of NRS and other administrative remedies, apply to the district court for judicial relief. If the court determines that the [employer] law enforcement agency has violated a provision of this chapter, the court shall [order] :
1. Award costs and attorneys' fees to the peace officer;
2. Impose against the law enforcement agency a civil penalty of not more than $5,000 for each violation; and
3. Order appropriate injunctive or other extraordinary relief to prevent the further occurrence of the violation and the taking of any reprisal or retaliatory action by the [employer] law enforcement agency against the peace officer.