NEVADA STATE LAW ENFORCEMENT
April 17, 2017
Today is day 71 of the 120 day session. Below are a few bills that we have been following and some that have survived and others that have not.
Assembly Bill 302 – This is a highly contested bill that looks to place State Parole and Probation with NDOC. When this bill was heard in Committee, we testified strongly in opposition as did several PnP employees both current and retired. The bill passed out of Committee last Friday. After the passage of the bill, Assembly Speaker Jason Frierson, one of the bills sponsors, contacted Rick McCann. He indicated that he was going to pull the bill from the calendar and will submit it to an internal staff study after the legislative session. This bill does have a significant fiscal note attached to it. As of now, nothing will happen with this bill until 2019. Per the sponsors, they have put PnP on a two year probationary period to complete the tasks that were promised in 2013. As we testified to in the hearing, Parole and Probations greatest days are now and in its future.
Assembly Bill 403 – Again this is the bill that addresses pay increases for NHP troopers thru the State Highway Fund and State General Fund. The bill is sponsored by Senate Majority Leader Aaron Ford and Senator Mark Manendo. Rick and I met with Senator Mark Manendo and Senator Aaron Ford and Governor’s Chief of Staff, Mike Willden. We discuss whether the detachment of NHP from all other agencies within the 1300 series is a realistic process to enact this bill. Traditionally the 1300 series allows all agencies within its structure to procure raises as a whole not as standalone entities. There were several ideas that were passed around and there maybe viable procedures, as of now we are still urging legislators and the Governor’s Office to return the pay to all state law enforcement employees. May 1, 2017 brings a Economic Forum to see what funds are left in the budget. We have heard of several projected figures and we hope to be able to grab some of those funds for pay.
Senate Bill 486 – This bill would allow state employees, including law enforcement to have collective bargaining. The Bill comes out of the Senate Committee on Government Affairs. This bill had a hearing and in order to keep it alive, the bill received an exemption from last Fridays deadline due to it’s fiscal note. I would strongly encourage all of you to POLITELY, contact the Governor’s office and your representatives to POLITELY urge the passage of this bill.
Senate Bill 282 – This bill if passed, would dismiss a disciplinary case against a law enforcement officer if the employer violates the officer’s NRS. 289 rights. Additionally, it would require the employer to pay the officer’s attorney’s fees and court costs if the officer should win their case. This bill was heard on Wednesday April 5, 2017. It survived the deadline on Friday with an amendment that did away with attorney’s fee and cost provision. Go figure.
Assembly Bill 303 – This bill would require all “core correctional services” in Nevada correctional facilities, to be performed exclusively by state and local employees. This bill would eliminate the privatization of correctional facilities in Nevada. NDOC has a large fiscal note attached to this bill. This bill was heard and passed through Committee on April 13.
Senate Bill 465– This bill would 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. Currently, all grievances not dealing with suspension, demotion, or termination must be heard by the EMC. This process is currently free to the parties. The cost for an arbitrator would be split between the agency and the employee. This bill passed out of Committee with a 3 to 2 vote.
Senate Bill 478 – This bill would require any investigation into a state employee’s alleged misconduct to commence within 20 days after the date which the agency becomes aware of the allegations against the employee. If a suspension, demotion, or termination is in issue, the agency must interview the employee and all potential witnesses. It would also require that the employee be notified of any allegations prior to the beginning of any investigation. Additionally the agency would be required to notify the employee of any requested extensions of the 90 day time limit, have the investigation completed and allow the employee the opportunity to receive the investigative file before the pre disciplinary hearing. This bill was heard and eventually passed through Committee by a 3 to 2 vote.
Assembly Bill 267 - This bill would make the state liable to pay the attorneys’ fees and costs of any police officer or firefighter who appeals and prevails on a denial of his or her heart-lung claim. It would strengthen the confidentiality of medical exam reports to influence decisions regarding the employee. Rick and I testified in support of this bill during the hearing on March 29. It passed through the hearing and the work session unanimously.
Assembly Bill 341 – This bill is sought to require law enforcement officers and juvenile probation officers, to record each interview with a youth by either video or audio means. It would also require such records to be provided by the offices to youth’s legal counsel. This bill would hinder the ability to resolve many if not all misdemeanor cases through a probation officer or police officer as is commonly practiced today. Rick and I testified against this bill as did the law enforcement coalition. On April 7, the bill’s sponsor, Assemblyman Ohrenschall. From that, the bill was gutted with acceptable compromises. The bill did pass out of Committee on April 14.
Assembly Bill 384 - We testified last Friday on this bill, which provided for the expanded confidentiality regarding a retired employee’s personal information and income. This bill had a great deal of support from the Retired Public Employees of Nevada. This bill passed out of Committee as well.
Assembly Bill 252 – This bill was from Assemblywoman Robin Titus. It would authorize current and retired law enforcement officers to use an alternate address on their drive3r’s license, identification card, and commercial driver’s license. This was heard and passed.
Assembly Bill 301 – This provides for the confidentiality of certain communications between public safety personnel and trained peer support personnel. We testified in support of this bill on April 7, and it passed through the Committee with amendments on April 11.
Assembly Concurrent Resolution (ACR) 6 – This Resolution, sponsored by Assemblyman Ellison, directs the Legislative Commission to conduct an interim study concerning the increases in salaries and benefits of state employees. It is exempt from the usual deadline due to its fiscal notes and it is scheduled for its first Committee hearing on Tuesday April 18.
Senate Bill 297 – Designed to create a hybrid PERS system to include a 401K plan, never made it through. This bill is dead.
Assembly Bill 237 – Sought to abolish the Death Penalty in Nevada…..Dead as well.
Be sure to visit the Nevada Legislative website at www.leg.state.nv.us/ Keep watching for our weekly updates on these bills that affect all of us. Again if you would like to talk to me about any issues please call me. 775-720-4304
Michael Sean Giurlani