Assembly Bill No. 605-Committee on Government Affairs
( On Behalf of the City of Las Vegas)
June 13, 1997
____________
Referred to Committee on Government Affairs
SUMMARY--Revises provisions for municipal court of City of Las Vegas. (BDR S-689)
FISCAL NOTE: Effect on Local Government: Yes.
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 the City of Las Vegas; amending its charter with respect to the municipal court; 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 Section 3.030 of the charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, at page 1406, is hereby amended to read as follows:
Sec. 3.030 City manager: Appointment; duties; salary. The city council shall appoint a city manager as the chief administrative officer of the city, and fix his salary. The city manager is responsible to the city council for the efficient and proper administration of all of the affairs of the city [.] , except as otherwise provided in Article IV of this charter. In this connection, he shall:
1. Exercise careful supervision of the city's general affairs.
2. Exercise control over all of the departments and divisions of city government and over all of the officers and employees of the city.
3. From time to time, give to the city council information in writing concerning the state of the city and recommend to the city council the adoption of such measures, bills and programs as he deems are necessary, appropriate, expedient or beneficial to the city.
4. Cause to be prepared and submit to the city council the annual budget of the city.
5. See that all general laws and ordinances of the city are observed and enforced.
6. See that all contracts of the city are faithfully kept and fully performed and, to that end and in any case in which it is necessary or appropriate in order to protect the interests of the city, must, with the approval of the city council, cause legal proceedings to be instituted or defended at the expense of the city.
7. Execute those contracts and other documents the execution of which is delegated, either specifically or generally, to him by the city council.
8. Perform such other administrative duties as are designated by the city council or as may be prescribed by ordinance.
9. Have no other employment.
Sec. 2 Section 3.040 of the charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, at page 1407, is hereby amended to read as follows:
Sec. 3.040 City manager: Additional powers. In addition to the duties which are imposed upon him by section 3.030 of this charter, the city manager may:
1. Appoint such deputies, administrative assistants and clerical personnel as he deems necessary.
2. Require from each [municipal judge and each] appointive officer of the city at any time a report in detail with respect to all of the transactions of their respective offices or of any matters which are connected with their respective offices.
Sec. 3 The charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, is hereby amended by adding thereto the provisions set forth as sections 4.005, 4.025, 4.040, 4.050 and 4.060, to read as follows:
Sec. 4.005 Interpretation of article. This article governs the municipal court and must be interpreted to prevail in the event of any conflict between a provision of this article and any other provision of this charter or any ordinance.
Sec. 4.025 Temporary judges.
1. Temporary judges in sufficient numbers may be appointed annually by the administrative judge, each of whom:
(a) Must be a duly licensed member, in good standing, of the State Bar of Nevada and have such other qualifications as are prescribed by ordinance except that he need not be a resident of the city.
(b) Has all of the powers and jurisdiction of a municipal judge while he is acting as such.
(c) Is entitled to such compensation as may be fixed by the city council.
(d) May not handle any case in private practice which could give rise to a conflict of interest with a case to be heard in the municipal court.
(e) May not use the position of temporary judge to further his interests in the affairs of his private office or caseload.
(f) Must be removed from the list of attorneys approved to sit as a judge pro tem if a majority of the sitting elected judges vote for his removal.
2. An elected judge may designate which temporary judges are permitted to sit in his department.
Sec. 4.040 Administrator of municipal court.
1. The judges of the municipal court shall appoint a court administrator. If the number of judges is odd, the judges shall choose the court administrator by majority vote. If the number of judges is even, they shall by majority vote designate one additional person to participate in the choice. The court administrator may be removed in the same manner in which he is appointed.
2. The court administrator is entitled to receive a salary designated by the judges within a range established for the position by the city council.
3. The court administrator is responsible to the judges for the efficient and proper administration of the general operation of the various divisions of the court and the supervision of the employees of the various divisions. All of the court administrator's duties must be performed in conformity with procedures, rules and regulations established or approved by the judges for the management of the court.
4. The court administrator, subject to judicial approval and within budgetary constraints, may appoint assistants as necessary to assist him in the management and operation of the court.
Sec. 4.050 Budget of municipal court.
1. The budget of the municipal court must be approved in the same manner as those of the agencies of the executive department of the city.
2. The proposed budget must be prepared by the court administrator, placed on the agenda of a judges' meeting and signed by the administrative judge after it is approved by a majority vote of the judges attending the meeting. It must then be delivered to the city manager.
3. The city manager shall submit the proposed budget, without change, to the city council for action. The city manager shall submit with the proposed budget a written report to the city council offering his observations and recommendations regarding the proposed budget.
4. During the course of each fiscal year, the administrative judge or the court administrator shall bring to the attention of the judges any problems the court may face in meeting its budget so that appropriate adjustments or needed modifications can be voted upon at a judges' meeting to ensure that the court will keep within the authorized appropriation.
5. The city council may, at any time, request from the administrative judge a detailed report with respect to business transactions, fiscal concerns or budgetary matters of the court.
Sec. 4.060 Records of municipal court. Subject to the general laws governing public records, all access to and review of court records maintained manually or on computer must be approved by the administrative judge pursuant to policy established by the judges.
Sec. 4 Section 4.020 of the charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, as amended by chapter 127, Statutes of Nevada 1989, at page 283, is hereby amended to read as follows:
Sec. 4.020 Municipal court: Qualifications of municipal judges; salary; [master] administrative judge; departments . [; alternate judges.]
1. Each municipal judge shall devote his full time to the duties of his office and must be:
(a) A duly licensed member, in good standing, of the State Bar of Nevada, but this qualification does not apply to any municipal judge who is an incumbent when this charter becomes effective as long as he continues to serve as such in uninterrupted terms.
(b) A qualified elector who has resided within the territory which is established by the boundaries of the city for a period of not less than 30 days immediately before the last day for filing a declaration of candidacy for the department for which he is a candidate.
(c) Voted upon by the registered voters of the city at large.
2. The salary of the municipal judges must be fixed by ordinance and be uniform for all departments of the municipal court. The salary may be increased during the terms for which the judges are elected or appointed.
3. The municipal judge who holds seniority in years of service in office, either elected or appointed, is the [master] administrative judge. If two or more judges are equal in seniority, the [master] administrative judge must be chosen from among them by the city council. The [master] administrative judge:
(a) Shall establish and enforce administrative regulations for governing the affairs of the municipal court.
(b) Is responsible for setting trial dates and other matters which pertain to the court calendar.
(c) Shall [perform] cooperate with the city council to carry out such other [court] administrative duties as may be [required by the city council.
4. Alternate judges in sufficient numbers may be appointed annually by the mayor, each of whom:
(a) Must be a duly licensed member, in good standing, of the State Bar of Nevada and have such other qualifications as are prescribed by ordinance.
(b) Has all of the powers and jurisdiction of a municipal judge while he is acting as such.
(c) Is entitled to such compensation as may be fixed by the city council.
5. Any] necessary for the efficient operation of the court.
(d) Shall delegate administrative duties to the court administrator as appropriate.
4. A municipal judge, other than [an alternate] a temporary judge, automatically forfeits his office if he ceases to be a resident of the city.