Senate Bill No. 136-Committee on Governmental Affairs
(On Behalf of the City of Sparks)
February 18, 1997
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Referred to Committee on Government Affairs
SUMMARY--Makes various changes to charter of City of Sparks. (BDR S-499)
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 the City of Sparks; amending the charter of the City of Sparks to allow the city council to increase the number of municipal judges; requiring a written notice and an opportunity for a hearing before the dismissal of certain employees; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1 Section 4.010 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by chapter 128, Statutes of Nevada 1993, at page 227, is hereby amended to read as follows:
Sec. 4.010 Municipal court.
1. There is a municipal court of the city which consists of not less than two departments. The city council may, by resolution, expand the court to include additional departments. Such a resolution must be enacted on or before January 1 of the year in which the additional municipal judge is to be elected and must prohibit the commencement of the operations of the additional department until the additional judge has been elected and takes office.
2. Each department must be presided over by a municipal judge and has such power and jurisdiction as is prescribed in, and is, in all respects which are not inconsistent with this charter, governed by chapter 5 of NRS , which relates to municipal courts.
3. If the city council creates an additional department pursuant to subsection 1, the municipal judge who will preside over that department must be elected at the next municipal election that meets the requirements of subsection 1.
Sec. 2 Section 4.020 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by chapter 128, Statutes of Nevada 1993, at page 227, is hereby amended to read as follows:
Sec. 4.020 Municipal court: Judges; salary; administrative judge; alternate judges.
1. A municipal judge shall not engage in any other business or occupation without the approval of the city council.
2. The salary of a municipal judge must be fixed by ordinance and be uniform for [both departments] each department of the municipal court. The salary may not be decreased but 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, may serve as the administrative judge. If he chooses not to serve as administrative judge, the remaining municipal judge who holds seniority in years in office, either elected or appointed, may serve as the administrative judge. If [both] two or more judges are equal in seniority and wish to serve as the administrative judge, the administrative judge must be chosen from among them by the mayor. The 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 calendar of the court.
(c) Shall perform such other administrative duties of the court as may be required by the city council.
4. Alternate judges in sufficient numbers may, upon ratification by the city council, be appointed annually by the mayor. An alternate judge:
(a) Must be a duly licensed member, in good standing, of the State Bar of Nevada, a justice of the peace in Washoe County or a retired judge, and have such other qualifications as may be 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.
Sec. 3 Section 9.100 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by chapter 350, Statutes of Nevada 1987, at page 795, is hereby amended to read as follows:
Sec. 9.100 Dismissals, demotions and suspensions.
1. The city manager or his designated representative may suspend without pay for a period not to exceed 30 days, [or] dismiss or demote a classified employee pursuant to regulations adopted by the civil service commission.
2. Before a classified employee may be notified that he is being dismissed pursuant to subsection 3, the city manager or his designated representative must provide the employee with:
(a) Written notice of the reasons for which the city manager is considering his dismissal; and
(b) An opportunity to respond to the reasons for dismissal before the city manager or his designated representative.
3. A dismissal, involuntary demotion or suspension does not become effective until the employee is notified in writing of the action 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. The effective date of the dismissal, involuntary demotion or suspension is the date of delivery of the notice or, if the notice is mailed and [the letter is] subsequently returned to the sender, 3 days after mailing.