2005 Nevada Revised Statutes - Chapter 245 — Counties: Officers and Employees Generally

CHAPTER 245 - COUNTIES: OFFICERS ANDEMPLOYEES GENERALLY

GENERAL PROVISIONS

NRS 245.010 Certificatesof election of county officers.

NRS 245.020 Electionand qualification of certain county officers to be certified to Secretary ofState.

NRS 245.030 Boardof county commissioners may require new bond of county officers or monthlyreports of county fiscal officers; examination of books.

NRS 245.040 Officehours of certain county officers; branch offices; penalties.

NRS 245.043 Annualsalaries of elected county officers.

NRS 245.0435 Privatepractice of law by certain district attorneys prohibited; disqualification fromprosecution.

NRS 245.044 Paymentfor longevity for elected county officers.

NRS 245.045 Salariesof appointive county officers and employees fixed by ordinance or resolution.

NRS 245.048 Employmentof person admitted for permanent residency: Provision of documentation requiredby federal law.

NRS 245.050 Biweeklyor semimonthly payment of salaries.

NRS 245.055 Prohibitionon deduction of employees salary for service as volunteer firefighter orvolunteer ambulance driver or attendant.

NRS 245.060 Travelexpenses: Reimbursement.

NRS 245.062 Travelexpenses: Adoption and contents of ordinance establishing procedures forpayment; advance constitutes lien on wages.

NRS 245.065 Publichearing for dismissed employee in certain counties.

NRS 245.070 Countyofficers to contract only when authorized by commissioners.

NRS 245.075 Countyofficer not to be interested in certain contracts or purchases; penalties.

NRS 245.110 NevadaEthics in Government Law inapplicable to certain transactions.

NRS 245.120 Countyofficers may sell indebtedness for personal services rendered.

NRS 245.125 Depositand payment of money not belonging to county or its officers or employees.

RESIGNATIONS, VACANCIES AND TEMPORARY APPOINTMENTS

NRS 245.130 Resignations.

NRS 245.140 Certificationof cause of certain vacancies.

NRS 245.150 Certificationof vacancy to Secretary of State.

NRS 245.160 Whencommissioners declare an office vacant.

NRS 245.170 Vacancies:Appointment by board of county commissioners; placement of office on ballotunder certain circumstances.

NRS 245.180 Temporaryappointments.

NRS 245.185 Temporarylimited appointments of certified persons with disabilities.

VACATIONS AND LEAVES OF ABSENCE; DISABILITY

NRS 245.200 Leavesof absence for elected county officers.

NRS 245.210 Annualand other leave for county officers and employees; contents of ordinance oragreement.

NRS 245.211 Pensionor insurance for disabled peace officers and firefighters.

MERIT SYSTEM FOR EMPLOYEES

NRS 245.213 Establishmentof merit system.

NRS 245.214 Administrationby board of county commissioners.

NRS 245.215 Regulations:Required provisions.

NRS 245.216 Personnelexempted from merit system.

_________

GENERAL PROVISIONS

NRS 245.010 Certificatesof election of county officers. All countyofficers elected by the people shall receive certificates of election from theboards of county commissioners of their respective counties.

[Part 30:108:1866; B 2628; BH 1665; C 1811; RL 2794; NCL 4794]

NRS 245.020 Electionand qualification of certain county officers to be certified to Secretary ofState. Within 10 days after the election orappointment and qualification of any county officer authorized by law to takeacknowledgments or administer oaths, the clerk of the board of countycommissioners of each county shall certify, under seal, to the Secretary ofState the fact of election or appointment and qualification of any such officerin that county. The certificate shall be filed in the Office of the Secretaryof State as evidence of the official character of such officers.

[Part 31:108:1866; B 2629; BH 1666; C 1812; RL 2795; NCL 4795]

NRS 245.030 Boardof county commissioners may require new bond of county officers or monthlyreports of county fiscal officers; examination of books.

1. The board of county commissioners shall:

(a) By an order to that effect entered upon the record,require a new bond of any county or township officer, with additional sureties,whenever the board deems the same necessary.

(b) See that all the county and township officersentrusted with the collection, disbursement, safekeeping or management of thepublic revenue, faithfully perform the duties imposed upon them by law, andshall cause them to be prosecuted for any delinquencies.

2. The board of county commissioners may:

(a) Require of all county or township officers,entrusted with the collection, management, safekeeping or disbursement ofpublic funds, a monthly report of all collections and disbursements made bythem during the preceding month.

(b) At any time examine their books, accounts andvouchers.

[14:80:1865; B 3083; BH 1955; C 2117; RL 1514; NCL 1947]

NRS 245.040 Officehours of certain county officers; branch offices; penalties.

1. Sheriffs, county recorders and county auditors,county clerks, county assessors and county treasurers shall keep an office atthe county seat of their county which, except as otherwise provided insubsection 3, must be kept open on all days except Sundays and nonjudicial daysfrom 9 a.m. to 12 m., and on all days except Sundays, nonjudicial days andSaturdays from 1 p.m. to 5 p.m. for the transaction of public business, butnothing contained in this subsection interferes with a duty now required of apublic officer under the election laws of this State. County clerks shall keeptheir offices open on all election days during the hours when the polls are openfor voting but may, with the consent of the district judge of the county, closetheir offices for all purposes except election business and the issuance ofmarriage licenses on any day on which the primary or general election is held.

2. Notwithstanding the provisions of subsection 1, theboard of county commissioners of any county may, by an order regularly made andentered in the records of its proceedings, designate the days and hours duringwhich the offices of the sheriff, county recorder and county auditor, countyclerk, county assessor and county treasurer must be kept open for thetransaction of public business. An order so made and entered must require eachoffice to be kept open for not less than 40 hours during each week, and mustnot prevent the county clerk from closing his office for all purposes exceptelection business and the issuance of marriage licenses on primary and generalelection days as provided in subsection 1.

3. The board of county commissioners may authorize acounty officer to rent, equip and operate, at public expense, one or morebranch offices in the county. The branch office may be kept open for thetransaction of public business on the days and during the hours specified insubsections 1 and 2 or on such days and during such hours as determined by theboard. The provisions of this subsection do not preempt any other statutoryprovisions which require certain duties to be performed at the county seat.

4. A county officer who violates the provisions ofthis section is guilty of a misdemeanor, and if an officer mentioned insubsection 1 absents himself from his office, except:

(a) When called away from his office by officialduties;

(b) When expressly permitted so to do by the board ofcounty commissioners or a majority of the members thereof in writing; or

(c) When he makes provision to leave his office openfor the transaction of public business on the days and during the hoursprescribed by this section and in charge of a deputy qualified to act in hisabsence,

there mustbe withheld from his monthly salary that proportion thereof as the number ofdays of absence bears to the number of days of the month in which the absenceoccurs. The money must be withheld from payment of salary to the officer forthe next succeeding month by order of the board of county commissioners, butsuch an order must not be made without first giving the officer affectedreasonable notice and an opportunity to appear before the board and defend thecharge against him.

[1:178:1907; A 1929, 255; 1955, 6, 471] +[2:178:1907; A 1945, 340; 1955, 6](NRS A 1959, 39; 1961, 30; 1967, 535; 1987,2308; 1989, 243, 1295; 1997, 217)

NRS 245.043 Annualsalaries of elected county officers.

1. As used in this section:

(a) County includes Carson City.

(b) County commissioner includes the Mayor andsupervisors of Carson City.

2. Except as otherwise provided by any special law,the elected officers of the counties of this State are entitled to receiveannual salaries in the base amounts specified in the following table. Theannual salaries are in full payment for all services required by law to beperformed by such officers. Except as otherwise provided by law, all fees andcommissions collected by such officers in the performance of their duties mustbe paid into the county treasury each month without deduction of any nature.

 

ANNUAL SALARIES

 

District County County County County Public

Class County Attorney Sheriff Clerk Assessor Recorder Treasurer Administrator

 

1 Clark $155,745 $134,263 $91,138 $91,138 $91,138 $91,138 $91,138

2 Washoe 137,485 110,632 83,543 83,543 83,543 83,543 83,543

3 Carson City 98,707 81,846 65,012 65,012 -------- 65,012 --------

Churchill 98,707 81,846 65,012 65,012 65,012 -------- --------

Douglas 98,707 81,846 65,012 65,012 65,012 -------- --------

Elko 98,707 81,846 65,012 65,012 65,012 65,012 --------

Humboldt 98,707 81,846 65,012 65,012 65,012 65,012 --------

Lyon 98,707 81,846 65,012 65,012 65,012 -------- --------

Nye 98,707 81,846 65,012 65,012 65,012 65,012 --------

4 Lander 93,223 73,662 54,227 54,227 54,227 54,227 --------

White Pine 93,223 73,662 54,227 54,227 54,227 54,227 --------

5 Eureka 82,256 58,929 48,607 48,607 48,607 -------- --------

Lincoln 82,256 58,929 48,607 48,607 48,607 48,607 --------

Mineral 82,256 58,929 48,607 48,607 48,607 -------- --------

Pershing 82,256 58,929 48,607 48,607 48,607 -------- --------

Storey 82,256 58,929 48,607 48,607 48,607 -------- --------

6 Esmeralda 65,314 52,382 42,531 42,531 42,531 -------- --------

 

3. A board of county commissioners may, by a vote ofat least a majority of all the members of the board, set the annual salary forthe county commissioners of that county, but in no event may the annual salaryexceed an amount which equals 126.65 percent of the amount of the annual salaryfor the county commissioners of that county that was in effect by operation ofstatute on January 1, 2003.

(Added to NRS by 1969, 1460; A 1973, 1777; 1975,1479; 1977, 1322; 1979, 152, 1392; 1981, 1153, 1156, 1997, 1999; 1985, 1610;1987, 54, 113, 115, 2309; 1989, 244, 2127, 2130; 1995, 2517; 2003, 2678)

NRS 245.0435 Privatepractice of law by certain district attorneys prohibited; disqualification fromprosecution.

1. Except as otherwise provided in NRS 252.060, the district attorneys in countiesof classes 1 to 5, inclusive, as classified in the table of annual salaries,shall not engage in the private practice of law.

2. A district attorney who is permitted to engage inthe private practice of law shall disqualify himself from any criminalprosecution of a person who has been involved in a matter related to hisprivate practice of law.

3. As used in this section, private practice of lawby a district attorney means the performance of legal service, forcompensation, for any person or organization except his county and any othergovernmental agency which he has a statutory duty to serve.

(Added to NRS by 1975, 1479; A 1977, 1325; 1981,1159; 1985, 1553; 1991, 103; 1995, 2520)

NRS 245.044 Paymentfor longevity for elected county officers.

1. On and after July 1, 1973, if an elected countyofficer has served in his office for more than 4 years, he is entitled to anadditional salary of 2 percent of his base salary provided in NRS 245.043 for each full calendar year hehas served in his office.

2. The additional salary provided in this section foran eligible county officer:

(a) Must be computed on July 1 of each year bymultiplying 2 percent of the base salary provided in NRS 245.043 by the number of full calendaryears the elected county officer has served in his office; and

(b) Must not exceed 20 percent of the base salaryprovided in NRS 245.043.

3. Service on the Board of Supervisors of Carson Cityfor the initial term which began on July 1, 1969, and ended on the first Mondayof January, 1973, shall be deemed to constitute 4 full calendar years ofservice for the purposes of this section.

(Added to NRS by 1973, 1780; A 1975, 958; 1983, 1649;1987, 115; 1995, 2520)

NRS 245.045 Salariesof appointive county officers and employees fixed by ordinance or resolution. Boards of county commissioners have authority to fix thesalaries of all appointive county officers and employees by the enactment of ordinancesor the adoption of resolutions.

(Added to NRS by 1963, 1295; A 1969, 1462)

NRS 245.048 Employmentof person admitted for permanent residency: Provision of documentation requiredby federal law. The board of county commissioners,a county officer and any other person acting on behalf of a county shall nothire or appoint as an employee any person who has been lawfully admitted forpermanent residency in the United States, unless the person hired or appointedhas provided the county with the documentation required by 8 U.S.C. 1324a(b).

(Added to NRS by 1993, 2431)

NRS 245.050 Biweeklyor semimonthly payment of salaries. All countyofficers and regular and temporary employees of the counties are entitled to bepaid their salaries as fixed by law, ordinance or resolution either at regular2-week intervals or in two equal semimonthly payments. If salaries are paidsemimonthly, the first semimonthly payment for each month must be for the firsthalf of that particular month, and the second semimonthly payment must be forthe last half of the month.

[Part 1:179:1941; A 1949, 406; 1951, 77](NRS A 1969,1462; 1973, 292; 1987, 2311; 1989, 246)

NRS 245.055 Prohibitionon deduction of employees salary for service as volunteer firefighter orvolunteer ambulance driver or attendant.

1. All county employees must be paid their salaries asfixed by law, ordinance or resolution without diminution on account of any timespent away from county employment while acting as:

(a) Volunteer firefighters of any regular organized andrecognized fire department in the protection of life or property; or

(b) Volunteer ambulance drivers or attendants,

duringworking hours or fractions thereof which should otherwise have been devoted tocounty employment.

2. As used in this section, volunteer ambulancedriver or attendant means a person who is a driver of or attendant on anambulance owned or operated by:

(a) A nonprofit organization that provides volunteerambulance service in any county, city or town in this State; or

(b) A political subdivision of this State.

(Added to NRS by 1969, 43; A 1971, 223; 1997, 468; 2005, 319)

NRS 245.060 Travelexpenses: Reimbursement. If a county ortownship officer or an employee of the county is entitled to receivereimbursement for his necessary traveling expenses for the transaction ofpublic business, such reimbursement must include actual living expenses, butthe amount allowed for traveling by private conveyance must not exceed theamount charged by public conveyance. Where it appears to the satisfaction ofthe board of county commissioners that travel by private conveyance is moreeconomical, or where it appears that, owing to train, airplane or bus schedulesor for other reasons, travel by public conveyance is impractical, or in case apart of the route traveled is not covered by public conveyance, the board ofcounty commissioners, in its discretion, may allow for traveling by privateconveyance an amount not to exceed the maximum per-mile allowance for travel byprivate conveyance of state officers and employees specified in subsection 3 ofNRS 281.160.

[1:16:1928; A 1939, 31; 1953, 69; 1955, 596](NRS A1965, 238; 1967, 453; 1969, 1470; 1973, 1675; 1997, 1734)

NRS 245.062 Travelexpenses: Adoption and contents of ordinance establishing procedures forpayment; advance constitutes lien on wages.

1. The board of county commissioners of a countyshall, by ordinance, establish procedures for the payment of authorized travelexpenses of county officers and employees arising out of their official dutiesor employment as provided in NRS 245.060.

2. The ordinance must require that each department ofthe county set forth in its annual budget the maximum amount of money that itestimates will be necessary to pay for necessary travel expenses for the fiscalyear. The ordinance may contain procedures by which the amount budgeted by adepartment during the fiscal year may be increased if the estimated amount ofmoney is insufficient to pay for actual travel expenses.

3. The ordinance may authorize certain officers oremployees to disburse money to pay an advance or claim for travel expenses toan employee without obtaining the approval of the board of county commissionersif the amount of such an advance or claim was included in the annual budget ofthe employing department.

4. All money advanced to a county officer or employeeto pay for his travel expenses constitutes a lien in favor of the county uponthe accrued wages of the officer or employee to whom the advance was made. Thecounty may advance more money to an officer or employee than the amount of hiscurrently accrued wages.

(Added to NRS by 1961, 202; A 1973, 1082; 1979, 521;1989, 973; 1997, 1734)

NRS 245.065 Publichearing for dismissed employee in certain counties.

1. When an employee of a county other than adepartment head, county manager or county administrator who has been employedby the county for 12 or more months is dismissed from employment he may requestwithin 15 days of the date of dismissal a written statement specificallysetting forth the reasons for the dismissal. Within 15 days of the date of therequest he shall be furnished the written statement. Within 30 days afterreceipt of the written statement, the dismissed employee may, in writing,request a public hearing before the board of county commissioners to determinethe reasonableness of the action. The board of county commissioners shall grantthe dismissed employee a public hearing within 15 days after receipt of thewritten request. At the public hearing, technical rules of evidence do notapply.

2. Boards of county commissioners are authorized toenact ordinances necessary to make effective the purposes of this section.

3. The provisions of this section do not apply incounties having a population of 100,000 or more.

(Added to NRS by 1965, 308; A 1969, 829, 1545; 1973,1139; 1979, 521)

NRS 245.070 Countyofficers to contract only when authorized by commissioners. No county officer in any county in this State, except theboard of county commissioners, shall contract for the payment or expenditure ofany county moneys for any purpose whatever, or shall purchase any stores ormaterials, goods, wares or merchandise, or contract for any labor or servicewhatever, except the board of county commissioners, or a majority of it, shallorder such officer to do the same.

[1:112:1887; C 2239; RL 1539; NCL 1975]

NRS 245.075 Countyofficer not to be interested in certain contracts or purchases; penalties.

1. Except as otherwise provided in NRS 281.230, 281.505, 281.555and 332.800, it is unlawful for anycounty officer to be interested in any contract made by him or be a purchaseror be interested in any purchase of a sale made by him in the discharge of hisofficial duties.

2. Any contract made in violation of subsection 1 maybe declared void at the instance of the county interested or of any otherperson interested in the contract except the officer prohibited from making orbeing interested in the contract.

3. Any person violating this section, directly orindirectly, is guilty of a gross misdemeanor and shall forfeit his office.

(Added to NRS by 1977, 1110; A 1987, 385; 2003, 891)

NRS 245.110 NevadaEthics in Government Law inapplicable to certain transactions. The provisions of the Nevada Ethics in Government Law (NRS 281.411 to 281.581, inclusive) do not prohibit anycounty officer from purchasing the warrants of the State or of any othercounty, or to prevent any county officer from selling or transferring suchwarrants or scrip as he may receive for his services, but none other.

[Part 74:108:1866; B 2672; BH 1709; C 1855; RL 2826; NCL 4826](NRS A 1975, 932; 1977, 1103)

NRS 245.120 Countyofficers may sell indebtedness for personal services rendered. All county officers referred to in any of the sections ofthis chapter shall have the right to sell or transfer any evidences of publicindebtedness which may be issued according to law, for services rendered bythem to the county, legally and justly due, and the provisions of this chaptershall not be deemed to prevent the purchase, sale or transfer of any fundedpublic indebtedness whatever of the State, or any county, city or towncorporation.

[Part 99:108:1866; B 2697; BH 1734; C 1880; RL 2846; NCL 4846]

NRS 245.125 Depositand payment of money not belonging to county or its officers or employees.

1. Except as otherwise provided in subsection 2:

(a) Each county officer or employee who, in hisofficial capacity, receives any money belonging to a person or other entity,other than the county or himself, shall immediately deposit it with the countytreasurer and obtain a receipt for it.

(b) Money deposited in accordance with this subsectionis not part of the public money of the county.

(c) Money deposited with the county treasurer inaccordance with this subsection must be paid to the owner upon the presentationof a certificate from the officer or employee who deposited the money,attesting that payment of the money is authorized by law and that the person orother entity requesting payment is the owner of the money and entitled topossession of it.

2. The provisions of subsection 1 do not apply:

(a) In counties where ordinances establishing centralreceiving and disbursing systems have been enacted pursuant to NRS 244.207.

(b) To money collected by a county assessor as agentfor the Department of Motor Vehicles which must be remitted to the State atleast weekly.

(c) To money directed by court order to be depositedwith the clerk of the court.

(d) To amounts paid pursuant to a judicial oradministrative order for the support of a child or of a spouse and child.

(Added to NRS by 1977, 1044; A 1985, 1982; 1997,2335; 2001, 2592)

RESIGNATIONS, VACANCIES AND TEMPORARY APPOINTMENTS

NRS 245.130 Resignations. Resignations of all county officers, except districtjudges, shall be made to the board of county commissioners of their respectivecounties.

[Part 34:108:1866; B 2632; BH 1669; C 1815; RL 2798; NCL 4798]

NRS 245.140 Certificationof cause of certain vacancies. Whenever a vacancyoccurs in any county office, except in cases of resignation, the clerk of theboard of county commissioners of the county where such officer exercised theduties of his office, if confined to a single county, and if not thus confined,then the clerk of the board of county commissioners, where such officer lastresided, previous to the occurring of such vacancy, shall certify to the boardof county commissioners the cause of such vacancy. If such vacancy occurs fromthe confirmed insanity of the incumbent, or from his conviction of a felony, oran offense involving a violation of his official bond or oath, the clerk of theboard of county commissioners shall also accompany his certificate with a certifiedcopy of a judgment found upon the commission of lunacy, or a certified copy ofthe record of conviction for such felony or offense, as the case may be.

[Part 39:108:1866; B 2637; BH 1674; C 1820; RL 2803; NCL 4803]

NRS 245.150 Certificationof vacancy to Secretary of State. Within 10days after a vacancy has occurred in any county office, by resignation orotherwise, the clerk of the board of county commissioners shall certify thefact of such vacancy to the Secretary of State.

[Part 31:108:1866; B 2629; BH 1666; C 1812; RL 2795; NCL 4795]

NRS 245.160 Whencommissioners declare an office vacant. Theboard of county commissioners shall declare vacant the office of every countyofficer, except the office of district judge, required by law to execute anofficial bond, whenever a final judgment shall be obtained against such officerfor a breach of the conditions of such bond, or whenever such officer shall befinally convicted of a felony, or any offense involving a violation of hisofficial oath.

[Part 38:108:1866; B 2636; BH 1673; C 1819; RL 2802; NCL 4802]

NRS 245.170 Vacancies:Appointment by board of county commissioners; placement of office on ballotunder certain circumstances. Except asotherwise provided by specific statute, if a vacancy is declared in any countyor township office, except the offices of district judge and countycommissioner:

1. Thirty days or more before the date of the close offiling of declarations of candidacy specified in NRS 293.177, and the office is not otherwisescheduled for election at the next ensuing biennial election:

(a) The board of county commissioners shall appoint asuitable person who is an elector of the county to fill the vacancy until thefirst Monday of January after the next ensuing biennial election;

(b) The office must be placed on the ballot at thatelection; and

(c) The person elected shall serve the remainder of theunexpired term.

2. At any other time, the board of countycommissioners shall appoint a suitable person who is an elector of the countyto serve the remainder of the unexpired term.

[19:80:1865; B 3087; BH 1959; C 2121; RL 1518; NCL 1951] + [49:108:1866; A 1933, 165; 1939, 146; 1931 NCL 4813](NRSA 1977, 54; 1997, 1291)

NRS 245.180 Temporaryappointments.

1. When, at any time, there shall be in the countyoffices, except the office of district judge, no officer duly authorized toexecute the duties thereof, some suitable person may be temporarily appointedby the board of county commissioners to perform the duties of such offices,until they are filled by election or appointment, as provided by law. In casethere is no board of county commissioners in such county, the Governor may, onnotice of such vacancy, create or fill such board.

2. Any person so appointed, in pursuance of subsection1, shall, before proceeding to execute the duties assigned him, qualify in thesame manner as required by law of the officer in whose place he shall beappointed; and he shall continue to exercise and perform the duties of theoffice to which he shall be so appointed until the election of his successor atthe next ensuing biennial election, and the qualification of such successorthereafter.

[Part 41:108:1866; B 2639; BH 1676; C 1822; RL 2805; NCL 4805] + [Part 42:108:1866; B 2640; BH 1677; C 1823; RL 2806; NCL 4806]

NRS 245.185 Temporarylimited appointments of certified persons with disabilities.

1. To assist persons with disabilities certified bythe Rehabilitation Division of the Department of Employment, Training andRehabilitation, the board of county commissioners of each county is encouragedand authorized to make temporary limited appointments of certified persons withdisabilities for a period not to exceed 700 hours for each appointment notwithstandingthat the positions so filled are permanent positions. A person with adisability who is certified by the Rehabilitation Division must be placed onthe appropriate list for which he is eligible.

2. Each such person must possess the training andexperience necessary for the position for which he is certified. TheRehabilitation Division must be notified of the request of the board of countycommissioners for a list of eligibility on which the names of one or morecertified persons with disabilities appear. A temporary limited appointment ofa certified person with a disability pursuant to this section constitutes thepersons examination as required by NRS284.215.

3. The board of county commissioners shall adoptregulations to carry out the provisions of this section.

4. This section does not prevent a county fromemploying:

(a) A person with a disability if he is available andeligible for permanent employment.

(b) A person with a disability who is employed pursuantto the provisions of this section in permanent employment if he qualifies forpermanent employment before the termination of his temporary limitedappointment.

5. If a person appointed pursuant to this section isappointed to a permanent position during or after the 700-hour period, the 700hours or portion thereof must be included in calculating the employeesprobationary period.

(Added to NRS by 1987, 426; A 1991, 159; 1993, 471,1546; 1995, 522)

VACATIONS AND LEAVES OF ABSENCE; DISABILITY

NRS 245.200 Leavesof absence for elected county officers.

1. The board of county commissioners in any county isauthorized and empowered to grant leave of absence to any county officer,authorized to appoint a deputy, for a period not exceeding 6 months, if in thediscretion of the board such a course appears proper.

2. The officer desiring leave of absence shall firstmake application in writing to the board of county commissioners for suchleave, and a copy of the application shall be published in some newspaper ofthe county at least 1 month previous to the granting of such leave. If there beno newspaper published in the county, copies of the application shall be postedin at least three public places in the county. Publication or posting shall beat the expense of the applicant.

3. The application shall contain the name of acompetent deputy who is to be appointed by the officer applying for leave ofabsence, and who shall serve without expense to the county.

[1:95:1893; C 2151; RL 1566; NCL 2047] +[2:95:1893; C 2152; RL 1567; NCL 2048] + [3:95:1893; C 2153; RL 1568;NCL 2049]

NRS 245.210 Annualand other leave for county officers and employees; contents of ordinance oragreement.

1. The board of county commissioners of each of theseveral counties shall, by ordinance or agreement pursuant to chapter 288 of NRS, provide for annual, sick anddisability leave for elected and appointed county officers and countyemployees. The provisions of such an ordinance or agreement may be morerestrictive but not more extensive than the provisions set forth in thissection.

2. The ordinance or agreement must include provisionsin substance as follows:

(a) A provision that all elected and appointed officersand employees are entitled to annual leave with pay of 1 1/4 working days foreach month of service, which may be cumulative from year to year not to exceed30 working days.

(b) A provision that the board of county commissionersmay by order provide for additional annual leave for long-term appointedofficers and employees and for prorated annual leave for part-time employees.

(c) A provision that if an appointed officer oremployee dies and was entitled to accumulated annual leave under the provisionsof the ordinance, the heirs of the deceased officer or employee who are givenpriority to succeed to his assets under the laws of intestate succession ofthis State, or the executor or administrator of his estate, upon submittingsatisfactory proof to the board of county commissioners of their entitlement,are entitled to be paid an amount of money equal to the number of days earnedor accrued annual leave multiplied by the daily salary or wages of the deceasedofficer or employee.

(d) A provision that an elected county officer must notbe paid for accumulated annual leave upon termination of his service.

(e) A provision that during the first 6 months ofemployment of any appointed officer or employee, annual leave accrues asprovided in paragraph (a), but annual leave must not be taken during thisperiod.

(f) A provision that an appointed officer or employeemust not be paid for accumulated annual leave upon termination of employmentunless he has been employed for 6 months or more.

(g) A provision that all elected and appointed officersand employees are entitled to sick and disability leave with pay of 1 1/4working days for each month of service, which may be cumulative from year toyear.

(h) A provision that the board of county commissionersmay by order provide for additional sick and disability leave for long-termemployees and for prorated sick and disability leave for part-time employees.

(i) A provision that any appointed officer or employeemay be granted a leave of absence without pay.

3. Such an ordinance or agreement may include aprovision that upon termination of employment, retirement or death all electedand appointed officers and employees are entitled to payment for their unusedsick leave at their rate of salary at the time of termination, retirement ordeath.

4. Such an ordinance or agreement may include aprovision that elected and appointed county officers and employees may donateportions of their accumulated annual and sick leave to other elected andappointed county officers and employees. If such a provision is adopted,donated time must be converted into money at the hourly rate of salary of thedonor and the money must be converted into sick leave at the hourly rate ofsalary of the recipient.

[1:141:1951](NRS A 1963, 50; 1975, 1127; 1977, 809;1979, 352; 1993, 2087)

NRS 245.211 Pensionor insurance for disabled peace officers and firefighters.

1. The board of county commissioners of any county mayestablish, by contract or otherwise, and administer a disability pension planor disability insurance program for the benefit of the county sheriff, anysheriffs deputy or firefighter who is disabled, to any degree, by an injuryarising out of and in the course of his employment.

2. The board of county commissioners may adoptordinances, rules, regulations, policies and procedures necessary to establishand administer the plan or program specified in subsection 1.

3. If a county elects to consider implementation of aplan or program specified in subsection 1, or to change the benefits providedby an existing plan or program, the persons affected by the proposed plan orprogram, or proposed change, may negotiate with the county concerning thenature and extent of such plan, program or change. Chapter288 of NRS applies to negotiations for this purpose.

4. The plan or program authorized by this section mustbe supplemental or in addition to and not in conflict with the coverage,compensation, benefits or procedure established by or adopted pursuant to chapters 616A to 616D,inclusive, or chapter 617 of NRS.

5. The benefits provided for in this section aresupplemental to other benefits an employee is entitled to receive on account ofthe same disability. In no event may the benefits provided for in this section,when added to benefits provided for or purchased by the expenditure of publicmoney, exceed the maximum amount of benefits an employee is entitled to receiveif he has been a member of the department or agency for 10 years or more.

(Added to NRS by 1975, 1298; A 1999, 232; 2005, 320)

MERIT SYSTEM FOR EMPLOYEES

NRS 245.213 Establishmentof merit system.

1. In each county having a population of 100,000 ormore the board of county commissioners shall by ordinance establish a meritpersonnel system for all employees of the county except those exempted underthe provisions of NRS 245.213 to 245.216, inclusive.

2. In each county having a population of less than100,000 the board of county commissioners may by ordinance establish a meritpersonnel system for all employees of the county except those exempted underthe provisions of NRS 245.213 to 245.216, inclusive.

(Added to NRS by 1969, 827; A 1969, 1545; 1973, 1139;1979, 339, 521, 1331)

NRS 245.214 Administrationby board of county commissioners. The board ofcounty commissioners shall administer the provisions of NRS 245.213 to 245.216, inclusive, through thepromulgation of appropriate rules and regulations and the employment ofclerical and administrative staff.

(Added to NRS by 1969, 828)

NRS 245.215 Regulations:Required provisions.

1. The board of county commissioners shall adoptregulations for any merit personnel system established pursuant to theprovisions of NRS 245.213 to 245.216, inclusive. The regulations mustprovide:

(a) For the classification of all county positions, notexempt from the merit personnel system, based on the duties, authority andresponsibility of each position, with adequate provision for reclassificationof any position whatsoever whenever warranted by changed circumstances.

(b) A pay plan for all county employees, includingexempt employees other than elected officers that are covered in otherprovisions of NRS or by special legislative act.

(c) Policies and procedures for regulating reduction inforce and the removal of employees.

(d) Hours of work, attendance regulations andprovisions for sick and vacation leave.

(e) Policies and procedures governing persons holdingtemporary or provisional appointments.

(f) Policies and procedures governing relationshipswith employees and employee organizations.

(g) Policies concerning employee training anddevelopment.

(h) Grievance procedures.

(i) Other policies and procedures necessary for theadministration of a merit personnel system.

2. Regulations adopted pursuant to this section for amerit personnel system established by a board of county commissioners pursuantto subsection 2 of NRS 245.213 must notexempt any employees other than those who are specifically exempted from such amerit personnel system pursuant to NRS245.216.

3. In the event of a conflict between the policies andprocedures adopted pursuant to this section and the provisions of a collectivebargaining agreement entered into pursuant to chapter288 of NRS, the provisions of the agreement prevail.

(Added to NRS by 1969, 828; A 1979, 339; 1997, 272)

NRS 245.216 Personnelexempted from merit system. There shall be exemptedfrom the provisions of NRS 245.213, 245.214 and 245.215:

1. All department heads appointed and elected and thecounty administrator or county manager of the county.

2. A number of employees in each department excludingthe department head as designated by the department head, which shall notexceed 3 percent of the permanently established positions as authorized by theboard of county commissioners.

3. All persons holding temporary or provisionalappointments, the duration of which does not exceed 6 months.

(Added to NRS by 1969, 828; A 1973, 1140)

 

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