NEVADA STATE LAW ENFORCEMENT
April 12, 2017
Today marks day 66 of the 120 day legislative session.
As Friday approaches, we are facing another deadline for bills. This is the time for all bill to pass through the Assembly and move to the Senate.
Assembly Bill 302 – As you are aware this is the attempt to move Parole and Probation over to the Department of Corrections. This bill is sponsored by Assemblyman Steve Yeager, Assembly Speaker Jason Frierson, and Assemblyman James Ohrenshall. They along with two other attorneys from the Clark County Public Defenders Officer, testified in favor of this bill. The opposition had a good showing from current and retired employees. Rick made it a point to address the shallow support from the public Defender’s Office as well as their frustration at the fact that they have clients that reoffend and are thus revoked and sent back to prison. This testimony was not without its direct characterization of what we were told and what was testified to. It is truly unfortunate that this session has turned into “payback” for things that took place in 2013. Never the less a work session is scheduled for April 13, 2017 at 8am.
Senate Bill 403 – This bill is for the increase of pay for NHP troopers. The appropriations would come from the State Highway Fund as well as the State General Fund. This increase would also be on top of the 4% increase the Governor has requested for all state employees. A hearing for this bill has yet to be set. The bill has been granted a status of “exempt”. This means it is not subject to the April 14 deadline and can be heard at a later date. Rick and I met with both Senator Manendo and Senator Ford to determine whether NHP can still get a raise based on the 1300 series. This series was established through Human Resources and places all state jobs in their respected series in accordance to the job classification. State law enforcement falls under the “1300 series”. Interestingly enough, so does the NDOC as well as every other DPS officer. It has been traditional for raises to be given to all groups in a series. What is unclear, is the issue, does that series include the entire state set or just series specific to a single category such as DPS Officer II. We are trying to get pay reallocations for everyone.
Senate Bill 486 – This will allow state employees, including law enforcement, to have collective bargaining. This bill was heard on April 7, and both Rick and I testified in favor for this bill. The bill was heard today in a work session and passed. Senator Settelmeyer was the only no vote for the bill.
Senate Bill 282 - This bill was written as such to dismiss all disciplinary case against a law enforcement officer if the employer violates the officer’s NRS 289 rights. Furthermore, the bill requires the employer to pay the officer’s attorney fees and costs in a successfully litigated case for such NRS 289 violations. We are awaiting a work session for this bill.
Assembly Bill 303 – This Bill seeks to require all “core correctional services” in state and local correctional facilities to be performed exclusively by employees of the state or local government. It is designed to do away with the privatization of prisons. NDOC has placed a huge fiscal note of this bill which will be very effective in allowing this bill to pass. We are again waiting for a work session on this bill as well.
Senate Bill 465 – This bill will permit state employees to elect to have their grievances reviewed by either the Employee Management Committee, (EMC) or by an arbitrator selected from the Federal Mediation and Conciliation Service. The EMC is free of charge but the cost of an arbitrator would be split by the employee and the state. The practice now is to have all grievances not dealing with suspension, demotion, or termination must be heard by the EMC. This bill passed its work session today. Again Senator Settelmeyer and Senator Gansert voted to reject it.
Assembly Bill 478 – This would require that an investigation into a state employee’s alleged misconduct must commence within 20 days after the date on which the agency becomes aware of any allegations of misconduct against an employee. In cases of suspension, demotion or dismissal. The agency must interview the employee and all potential witnesses. It would also require the employee to be notified of the allegations before the investigation commences. The bill would also require the agency to notify the employee of any requested extensions of the 90 day time limits to complete the investigation and allow the employee the opportunity to receive the investigative file before the pre-disciplinary hearing. This bill was heard and later received a work session through which it passed.
Assembly Bill 341 – We opposed this bill during its hearing. As written, it would require all law enforcement officers, including juvenile probation officers, to provide legal counsel and mechanically record each interview or interrogation of a youth, even during the routine performance of juvenile justice interactions. A last minute amendment removed the necessity for providing lawyers and recording “interviews” on routine issues. We still oppose this bill. A work session has not yet been scheduled for this bill.
Assembly Bill 301 – This bill provides for the confidentiality of certain communications between public safety personnel and trained peer support personnel. This bill is long over-due and having the ability of our members to communicate with these crisis counselors have proven time and time again to save lives. The bill is defined and allows the communications to be confidential and cannot be disclosed except upon certain restricted reasons Rick and I testified in large support of this bill. The bill has been heard and has passed its work session.
We greatly appreciate your support. I would also ask that if you oppose or support a bill, please be respectful to those who may stand opposite of your views.
You can reach the Nevada Legislature website at: www.leg.state.nv.us
Stay tuned and please contact me if you have comments, questions, or concerns.
Michael Sean Giurlani