Senate Bill No. 331–Senator Amodei
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AN ACT relating to state personnel; authorizing the Chairman of the Employee-Management Committee to issue subpoenas in certain circumstances for the attendance of witnesses and the production of books and papers; providing certain rights for employees that are the subject of an internal administrative investigation; 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 284 of NRS is hereby amended by adding
thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. 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.
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.
Sec. 3. 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.
Sec. 4. 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.
Sec. 5. This act becomes effective on July 1, 2003.
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