2005 Nevada Revised Statutes - Chapter 280 — Metropolitan Police Departments

CHAPTER 280 - METROPOLITAN POLICEDEPARTMENTS

GENERAL PROVISIONS

NRS 280.010 Legislativefindings; declaration of purpose.

NRS 280.015 Liberalconstruction.

NRS 280.020 Definitions.

NRS 280.030 Boarddefined.

NRS 280.040 Citydefined.

NRS 280.045 Committeedefined.

NRS 280.050 Departmentdefined.

NRS 280.060 Departmentfund defined.

NRS 280.065 Investigativefunction defined.

NRS 280.080 Politicalsubdivision defined.

NRS 280.085 Ruralprogram of resident officers defined.

NRS 280.087 Taxingdistrict defined.

NRS 280.095 Uniformedfunction in the field defined.

MERGER

NRS 280.105 Exclusivemethod for merging law enforcement agency of county whose population is 100,000or more with city law enforcement agencies.

NRS 280.110 Mergerof county and city law enforcement agencies into metropolitan policedepartment.

NRS 280.120 Participatinglaw enforcement agencies superseded upon merger; operation as metropolitanpolice department.

NRS 280.121 Officers;retention of rank.

NRS 280.123 Transferof employees of participating political subdivisions; retention of rank, gradeand benefits; duties.

NRS 280.125 Establishmentand administration of units of specialized law enforcement by participatingpolitical subdivisions; jurisdiction and authority.

WITHDRAWAL OR DISSOLUTION

NRS 280.126 Questionof withdrawal or dissolution to be submitted to voters; notice of intent towithdraw; effective date of withdrawal or dissolution; voiding of ordinancesproviding for merger.

NRS 280.127 Transferof employees upon withdrawal: Retention of comparable rank and grade, pay andbenefits; duties and responsibilities.

NRS 280.128 Employeesentitled to obtain employment with certain political subdivisions upondissolution: Retention of comparable rank and grade, pay and benefits; dutiesand responsibilities.

NRS 280.129 Certaincontracts, franchises and agreements subject to rescission upon withdrawal ordissolution; valid claims not diminished or altered by dissolution.

METROPOLITAN POLICE COMMITTEE ON FISCAL AFFAIRS

NRS 280.130 Composition;chairman.

NRS 280.150 Quorum.

NRS 280.160 Oathsand affirmations.

NRS 280.170 Secretaryand clerical personnel.

NRS 280.180 Meetings;notice.

FINANCES

NRS 280.190 Budgetand plan for apportionment of expense: Preparation; approval; arbitration.

NRS 280.201 Planfor apportionment of expense: Exclusions; formula for apportionment; statisticsand records.

NRS 280.220 Dutiesof county auditor or county comptroller upon merger, withdrawal or dissolution.

NRS 280.230 Examinationand audit of accounts.

NRS 280.240 Allowanceof accounts.

NRS 280.250 Approvaland payment of claims.

NRS 280.260 Issuanceof warrants.

NRS 280.262 Taxingdistrict: Creation; restriction on use; restriction on alteration orabolishment of boundary.

NRS 280.264 Issuanceof general obligations to finance capital improvements; levy of tax on propertywithin taxing district; proportionality of obligations for purposes of debtlimitation; liability for indebtedness upon withdrawal or dissolution.

NRS 280.265 Taxingdistrict: Proposal to voters of question to levy additional ad valorem tax toemploy additional police officers.

NRS 280.2655 Impositionof additional ad valorem tax approved pursuant to NRS 280.265; rate; collection; use ofproceeds.

NRS 280.266 Issuanceof medium-term obligations to acquire capital equipment; liability forindebtedness upon withdrawal or dissolution.

NRS 280.270 Paymentof premiums for industrial insurance.

ADMINISTRATION AND POWERS

NRS 280.280 Transferof powers and duties to department; contracts; suits; insurance.

NRS 280.284 Contractfor operation or maintenance of jail.

NRS 280.287 Contractfor provision and supervision of police services in public schools;qualifications and training for officers assigned to school police unit.

NRS 280.305 Pensionor insurance for disability.

NRS 280.307 Sheriffof county authorized to adopt administrative policies, procedures, rules andregulations without approval of board or committee; limitation.

NRS 280.310 Civilservice system: Civil service board; oaths; subpoenas; regulations; personnelofficer; representation of employee before board.

NRS 280.320 Applicabilityof Local Government Employee-Management Relations Act and Public EmployeesRetirement Act; representation in negotiations.

PROPERTY

NRS 280.330 Departmentto succeed to rights of participating political subdivisions; pending claimsand actions unaffected.

NRS 280.340 Personalproperty.

NRS 280.350 Realproperty.

MISCELLANEOUS PROVISIONS

NRS 280.400 Accidentreports and related materials: Provision upon receipt of reasonable fee.

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GENERAL PROVISIONS

NRS 280.010 Legislativefindings; declaration of purpose.

1. The Legislature finds:

(a) That there is substantial duplication of functions,man power and expenses between the city and county law enforcement agencies inthis state.

(b) That merger of city and county law enforcementagencies would increase the efficiency of such agencies by increasingcommunication facilities, lowering purchasing costs and coordinating lawenforcement efforts throughout metropolitan areas.

2. It is the purpose of this chapter to provide themeans whereby the respective law enforcement agencies of the cities andcounties in this state may merge into county-wide metropolitan policedepartments.

(Added to NRS by 1973, 915; A 1975, 1283; 1977, 364)

NRS 280.015 Liberalconstruction. The powers of the variousparticipating political subdivisions and the provisions of this chapter shallbe construed liberally to effect the merger of the law enforcement agencies ofsuch political subdivisions without administrative difficulty, it being theintention of the Legislature that the formation of departments be effected inan orderly manner.

(Added to NRS by 1973, 919)(Substituted in revisionfor NRS 280.360)

NRS 280.020 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS280.030 to 280.095, inclusive, havethe meanings ascribed to them in those sections.

(Added to NRS by 1973, 915; A 1979, 532; 1981, 635; 2003, 434)

NRS 280.030 Boarddefined. Board means a civil service board appointedby the committee.

(Added to NRS by 1973, 915; A 1981, 635)

NRS 280.040 Citydefined. City means an incorporated city inthis state.

(Added to NRS by 1973, 915; A 1987, 1719)

NRS 280.045 Committeedefined. Committee means a metropolitanpolice committee on fiscal affairs.

(Added to NRS by 1981, 635)

NRS 280.050 Departmentdefined. Department means a metropolitanpolice department created under the provisions of this chapter.

(Added to NRS by 1973, 915)

NRS 280.060 Departmentfund defined. Department fund means anyfund created in a county treasury under the provisions of NRS 280.220.

(Added to NRS by 1973, 915; A 1981, 635)

NRS 280.065 Investigativefunction defined. Investigative functionmeans those units within the department whose primary responsibility is toinvestigate cases to apprehend and convict criminals.

(Added to NRS by 1981, 635)

NRS 280.080 Politicalsubdivision defined. Political subdivisionmeans a county in this state or an incorporated city or town within suchcounty.

(Added to NRS by 1973, 916)

NRS 280.085 Ruralprogram of resident officers defined. Ruralprogram of resident officers means a law enforcement program which providespolice protection to a rural area as defined by a metropolitan policedepartment, approved by the governing body of each participating politicalsubdivision before January 1 preceding the commencement of each fiscal year.

(Added to NRS by 1981, 635)

NRS 280.087 Taxingdistrict defined. Taxing district means adistrict created pursuant to NRS 280.262.

(Added to NRS by 2003, 433)

NRS 280.095 Uniformedfunction in the field defined. Uniformedfunction in the field means those operating units within the department whoseprimary responsibilities are to protect the public safety, respond in the firstinstance to disturbances and calls for service and enforce any trafficregulation.

(Added to NRS by 1981, 635)

MERGER

NRS 280.105 Exclusivemethod for merging law enforcement agency of county whose population is 100,000or more with city law enforcement agencies. Nocounty whose population is 100,000 or more may merge its law enforcement agencywith the law enforcement agency of any of the cities in that county to create asingle law enforcement agency for the participating political subdivisions exceptpursuant to the provisions of this chapter.

(Added to NRS by 1981, 635; A 1987, 847)

NRS 280.110 Mergerof county and city law enforcement agencies into metropolitan policedepartment.

1. The board of county commissioners of any county andthe governing body of any city or cities located in the county may merge theirrespective law enforcement agencies into one metropolitan police department. Todo so, the board of county commissioners of the participating county and thegoverning body of each participating city must each adopt an ordinanceproviding for the merger. Except with respect to an ordinance providing for thereorganization of an existing department pursuant to the provisions of thischapter, any ordinance providing for a merger must be adopted and becomeeffective on or before November 30 in the year preceding the commencement ofthe fiscal year in which the merger is to occur.

2. If the act or charter under which a participatingcity is organized provides for the appointment of a chief of police and hisduties of law enforcement and the governing body of the city adopts anordinance for the merger authorized by this section:

(a) The charter provision for appointment of a chief ofpolice shall be deemed superseded as long as the ordinance providing for amerger of the police department of the participating city remains in effect.

(b) The duties of law enforcement vested in the lawenforcement agencies designated in the merger, devolve upon the metropolitanpolice department, except the duty to construct, maintain or operate any countyor city jail or detention facility.

3. Any nonparticipating city may, by adopting anordinance providing for a merger, merge its law enforcement agency into anexisting metropolitan police department with the unanimous consent of thecommittee and subject to such rules and regulations as the committee may adoptwhich are consistent with the provisions of this chapter.

(Added to NRS by 1973, 916; A 1981, 635; 1989, 1180;1993, 2515; 2001,1658)

NRS 280.120 Participatinglaw enforcement agencies superseded upon merger; operation as metropolitanpolice department. Upon merger:

1. The law enforcement agencies of each participatingpolitical subdivision, which are designated in the merger, shall be deemedsuperseded as long as the ordinance providing for the merger remains in effect.

2. The resulting department shall operate under theprovisions of this chapter.

(Added to NRS by 1973, 916; A 1981, 636; 1993, 2515)

NRS 280.121 Officers;retention of rank.

1. The chief law enforcement officer, and except aslimited or otherwise provided in this chapter the chief administrative officer,in a department is the sheriff of the county in which a department is located.Except as otherwise specifically provided or limited, the sheriff shallcontinue to perform all of his duties and retain all of his powers as sheriffof the county.

2. Upon merger, the chief of police of the largestparticipating city is second in command of the department and must be designatedas undersheriff of the department.

3. Upon merger, the chiefs of police of otherparticipating cities, the assistant chiefs of police of other participatingcities, the chief deputies or deputy chiefs, or both, and the undersheriff ofthe county are entitled to obtain employment with the department in positionswhich their leadership abilities warrant.

4. Upon merger, all persons designated in subsections2 and 3 are entitled to retain an equivalent rank in the department at leastuntil the expiration of the current term of office of the sheriff, except thatthey may be removed for cause. Upon merger, or at any time thereafter, thepersons selected to fill any of the positions listed in subsections 2 and 3 orthe position of assistant sheriff or commander must be selected from thehighest civil service rank in the department and are entitled to return to thatrank if removed from one of those positions. No appointments may be made tothose positions of persons from outside the department.

(Added to NRS by 1973, 919; A 1983, 754)(Substitutedin revision for NRS 280.290)

NRS 280.123 Transferof employees of participating political subdivisions; retention of rank, gradeand benefits; duties.

1. Employees of the respective law enforcement agenciesof the participating political subdivisions, who are so employed at the time ofmerger, may obtain employment with the department and shall hold positions ofrank and grade comparable to their positions prior to merger.

2. Such employees, sworn or civilian, are entitled tosuffer no loss in pay, pension, fringe benefits or other job benefits by reasonof a merger.

3. Sick leave, longevity and vacation time accrued tosuch employees in the service of their respective law enforcement agenciesshall be credited to them as employees of the department. All rights andaccruals of such employees as members of the Public Employees RetirementSystem pursuant to the Public Employees Retirement Act shall remain in forceand shall be automatically transferred from the respective law enforcementagencies to the department.

4. The duties and responsibilities of such employeesshall not be diminished by reason of the merger, but their area and division ofassignment may be changed at the discretion of the sheriff of the department orhis designated administrative representative.

5. Upon merger, the most liberal employee benefitswhich have been negotiated by the respective employee organizations of the lawenforcement agencies of the participating political subdivisions shall be thebenefits applicable to the employees of the department.

(Added to NRS by 1973, 920)(Substituted in revisionfor NRS 280.300)

NRS 280.125 Establishmentand administration of units of specialized law enforcement by participatingpolitical subdivisions; jurisdiction and authority.

1. The provisions of this chapter do not prohibit aparticipating political subdivision from establishing and administering thefollowing units of specialized law enforcement:

(a) A unit consisting of animal control officers.

(b) A unit consisting of marshals.

(c) A unit consisting of park rangers.

(d) A unit for the investigation of arson.

(e) A unit for the enforcement of laws relating to thelicensure of businesses.

(f) A unit for the enforcement of nonmoving trafficlaws.

2. Except as otherwise limited in subsection 3, thejurisdiction and authority of any units of specialized law enforcementestablished pursuant to subsection 1 is concurrent with the authority andjurisdiction of the metropolitan police department.

3. The authority and jurisdiction of a unit consistingof marshals or park rangers is limited to:

(a) The issuance of citations in accordance with theprovisions of NRS 171.17751;

(b) The enforcement of state laws and city and countyordinances on real property owned, leased or otherwise under the control of theparticipating political subdivision;

(c) The service of warrants of arrest issued pursuantto NRS 5.060;

(d) The removal of abandoned vehicles as authorized by NRS 487.230; and

(e) The duties set forth in NRS 171.1223.

(Added to NRS by 1993, 2514; A 1995, 158; 2001, 1869)

WITHDRAWAL OR DISSOLUTION

NRS 280.126 Questionof withdrawal or dissolution to be submitted to voters; notice of intent to withdraw;effective date of withdrawal or dissolution; voiding of ordinances providingfor merger.

1. If a participating political subdivision in adepartment that consists of three or more participating political subdivisionswishes to withdraw from the department, the participating political subdivisionmust submit the question of whether the political subdivision should withdrawfrom the department to the registered voters of the political subdivision at ageneral election held pursuant to NRS293.12755. The participating political subdivision shall give notice of itsintent to withdraw to the other participating political subdivisions at least 6months before that general election. If a majority of the voters approve thequestion, the effective date of the withdrawal is the commencement of thefiscal year immediately following the general election at which the question ofwithdrawal is approved. The ordinance that had been adopted by the withdrawingpolitical subdivision providing for the merger is void on the effective date ofthe withdrawal.

2. If a department consists of:

(a) Two participating political subdivisions and one ofthe participating political subdivisions determines that it wishes to withdraw;or

(b) Three or more participating political subdivisionsand all or all except one of the participating political subdivisions determinethat they wish to withdraw,

theparticipating political subdivisions must each submit the question of whetherthe department should be dissolved to the registered voters within theirjurisdiction at the next general election held pursuant to NRS 293.12755. If a majority of the totalvotes cast on the question are in favor of the dissolution of the department,the effective date of the dissolution is the commencement of the fiscal yearimmediately following the general election at which the question of dissolutionis approved. The ordinances that had been adopted by the participatingpolitical subdivisions providing for the merger are void on the effective dateof the dissolution.

(Added to NRS by 2001, 1656)

NRS 280.127 Transferof employees upon withdrawal: Retention of comparable rank and grade, pay andbenefits; duties and responsibilities.

1. Upon the withdrawal of a participating politicalsubdivision from the department, the committee, in cooperation with thewithdrawing political subdivision, shall determine the employees of thedepartment that must be transferred to the law enforcement agency of thewithdrawing political subdivision.

2. Such employees must hold positions of rank andgrade comparable to their positions with the department before their transferto the withdrawing political subdivision and are entitled to suffer no loss inpay, pension, fringe benefits or other job benefits by reason of the transfer.

3. Sick leave, longevity and vacation time accrued tosuch employees in the service of the department must be credited to them asemployees of the law enforcement agency of the withdrawing politicalsubdivision. All rights and accruals of such employees as members of the PublicEmployees Retirement System pursuant to the Public Employees Retirement Actremain in force and must be automatically transferred from the department tothe law enforcement agency of the withdrawing political subdivision.

4. The duties and responsibilities of such employeesmust not be diminished by reason of their transfer to the withdrawing politicalsubdivision, but their area and division of assignment may be changed at thediscretion of the chief law enforcement officer of the law enforcement agencyof the withdrawing political subdivision.

(Added to NRS by 2001, 1657)

NRS 280.128 Employeesentitled to obtain employment with certain political subdivisions upondissolution: Retention of comparable rank and grade, pay and benefits; dutiesand responsibilities.

1. Upon the dissolution of a department, employees ofthe department may, at the discretion of the employee, obtain employment withthe political subdivision in the boundaries of which the employee had performedthe majority of his duties for the department during the fiscal yearimmediately preceding dissolution.

2. Such employees must hold positions of rank andgrade comparable to their positions before dissolution and are entitled tosuffer no loss in pay, pension, fringe benefits or other job benefits by reasonof the dissolution.

3. Sick leave, longevity and vacation time accrued tosuch employees in the service of the department must be credited to them asemployees of the law enforcement agencies of the political subdivisionsparticipating in the department at the time of dissolution. All rights andaccruals of such employees as members of the Public Employees Retirement Systempursuant to the Public Employees Retirement Act remain in force and must beautomatically transferred from the department to such law enforcement agencies.

4. The duties and responsibilities of such employeesmust not be diminished by reason of the dissolution, but their area anddivision of assignment may be changed at the discretion of chief lawenforcement officers of the law enforcement agencies of the politicalsubdivisions to which the employees are transferred upon dissolution.

(Added to NRS by 2001, 1657)

NRS 280.129 Certaincontracts, franchises and agreements subject to rescission upon withdrawal ordissolution; valid claims not diminished or altered by dissolution.

1. Any contract, franchise or other agreement intowhich a department enters after merger for goods or services is subject torescission by either party if one or more of the participating politicalsubdivisions withdraw from the department or the department is dissolved.

2. A valid claim against a department arising from lawenforcement activity is not diminished or altered by reason of the dissolution ofthe department. The participating political subdivisions at the time ofdissolution are liable for any claims resulting from any pending action orproceeding which involves any debt, demand, liability or obligation or whichhas been brought by or against the department after the merger, irrespective ofthe nature of such matter in litigation.

(Added to NRS by 2001, 1658)

METROPOLITAN POLICE COMMITTEE ON FISCAL AFFAIRS

NRS 280.130 Composition;chairman.

1. The committee consists of two representatives fromeach participating political subdivision.

2. Representatives of the participating politicalsubdivisions are not entitled to receive any additional compensation or bereimbursed by the department for any expenses incurred while serving on thecommittee.

3. Each representative of a participating politicalsubdivision must be a member of its governing body and serves at the pleasureof the governing body making the appointment.

4. The members of the committee shall, by majorityvote, select an additional member of the committee from the general public froma list consisting of three persons nominated by each participating politicalsubdivision and three persons nominated by the sheriff. That person:

(a) Must reside in the area served by the department.

(b) Shall serve until August 1 next succeeding anduntil his successor is selected.

(c) May succeed himself.

(d) Is entitled to receive as compensation $40 for eachday of service.

(e) Is entitled to reimbursement for his necessarytravel and per diem expenses in the manner provided by the committee for thereimbursement of officers and employees of the department.

5. If the members of the committee fail to agree onthe additional member to be selected pursuant to subsection 4 within 30 daysafter their initial meeting following the merger or by August 1 of any yearthereafter, the additional member of the committee must be appointed by theGovernor without regard to the lists submitted. The person so appointed mustreside in the area served by the department.

6. At its first meeting and in August of each yearthereafter, the committee shall select one of its members to act as chairman.

(Added to NRS by 1973, 916; A 1975, 1283; 1977, 364,581; 1981, 636)

NRS 280.150 Quorum.

1. A majority of the committee is a quorum for thetransaction of business if it includes at least one representative from eachparticipating political subdivision.

2. Except as otherwise provided in this chapter, whena vote of the committee is required to transact business, the vote is amajority of the quorum present and voting on the matter in question.

(Added to NRS by 1973, 917; A 1977, 365; 1981, 637)

NRS 280.160 Oathsand affirmations. Members of the committee mayadminister all oaths or affirmations necessary in discharging the duties oftheir office.

(Added to NRS by 1973, 917; A 1981, 637)

NRS 280.170 Secretaryand clerical personnel. The committee shall employa clerk and may employ other clerical personnel necessary to the discharge ofits duties. The clerk is secretary for the committee.

(Added to NRS by 1973, 917; A 1975, 1283; 1977, 365;1981, 637)

NRS 280.180 Meetings;notice.

1. The committee shall meet at least once each quarteron a regularly scheduled day and may meet more often upon the call of thechairman, either on his own motion or at the request of any two members of thecommittee.

2. The clerk of the committee shall give writtennotice of each special meeting to each member of the committee at least 1 daybefore the meeting or by mailing the notice to each members place of residencein the county at least 3 days before the meeting.

3. The notice must specify the time, place and purposeof the meeting. If all of the members of the committee who did not receivenotice are present at the special meeting, lack of notice does not invalidatethe proceedings.

(Added to NRS by 1973, 917; A 1981, 637)

FINANCES

NRS 280.190 Budgetand plan for apportionment of expense: Preparation; approval; arbitration.

1. The committee shall:

(a) Direct the department to prepare and shall approvean annual operating budget for the department.

(b) Submit the budget to the governing bodies of theparticipating political subdivisions before May 1 for funding for the followingfiscal year.

(c) Direct the department to prepare and shall adoptthe funding apportionment plan provided for in NRS 280.201 and submit the plan beforeFebruary 1 to the governing bodies of the participating political subdivisionsfor approval. The governing bodies shall approve or reject the plan beforeMarch 1.

2. If any of the governing bodies fails to approve theapportionment plan, the plan or any disputed element thereof must be submittedto an arbitration panel for resolution. The governing body of eachparticipating political subdivision shall name one arbitrator to the panel, whomust reside within this State. If this results in an even number ofarbitrators, the arbitrators so named shall, by majority vote, select anadditional arbitrator, who must reside within this State and who shall serve aschairman of the panel. The department shall provide such advice and technicaland clerical assistance as is requested by the panel. The panel must make itsdecision and submit it to the participating political subdivisions before April1. When submitted, the decision is final and binding upon the participatingpolitical subdivisions. Except as otherwise provided in this section, theprovisions of NRS 38.206 to 38.248, inclusive, apply.

(Added to NRS by 1973, 917; A 1975, 1283, 1682; 1977,365; 1979, 532; 1981, 638; 1987, 1492; 2001, 1285; 2003, 35, 41; 2005, 102)

NRS 280.201 Planfor apportionment of expense: Exclusions; formula for apportionment; statisticsand records.

1. The funding apportionment plan must exclude thecost of:

(a) Operating and maintaining a county or a branchcounty jail;

(b) A rural program of resident officers, whereapplicable; and

(c) Any program of contract services which is totallyfunded by the contracting agency or entity.

The costsdescribed in paragraphs (a) and (b) are a proper charge against the county. Thecapital costs of building a county or a branch county jail are the responsibilityof the board of county commissioners.

2. If a department operates a program for schoolcrossing guards, each participating political subdivision must pay the cost ofoperating the positions located within its jurisdiction.

3. The funding apportionment plan must apportion theanticipated costs of operating and maintaining the department, and capitalcosts, after deducting all anticipated revenue internally generated by thedepartment, among the participating political subdivisions according to theformula developed by the department pursuant to this section.

4. Except as otherwise provided in subsection 1, anadditional tax ad valorem that is levied pursuant to the approval of the votersmust be levied at a uniform rate in the unincorporated area of the county andin each participating city.

5. In developing the formula, the department mustdivide its budget into the following functional areas:

(a) Activities which are the responsibility of any oneof the participating political subdivisions.

(b) Contract services which are performed solely foranother agency or entity.

(c) Administrative or supporting activities.

(d) The remaining activities, services or programs areto be allocated to those functional areas which are to be jointly funded by theparticipating political subdivision.

Contractservices which are performed solely for another agency or entity must each beidentified as a separate functional area.

6. The department must identify the bureaus, sections,divisions and groups that are assigned to each functional area. Each functionalarea must be a separate accounting unit within the budget of the department forthe purpose of apportioning the cost among the participating political subdivisions.

7. The costs of the activities of administration orsupport must be allocated to the other functional area to which they apply inthe ratio that the cost of each functional area bears to the combined costs ofthe other functional areas.

8. The costs of each functional area which is to bejointly funded, including the administrative and support costs allocated inaccordance with subsection 6, must be apportioned among the participatingpolitical subdivisions as follows:

(a) The cost of uniformed functions in the field mustbe apportioned on a percentage basis according to the comparative cumulative,unweighted percentage relationship among the participating politicalsubdivisions of the permanent population of the participating politicalsubdivisions, as determined annually by the Governor, the total number of callsfor service which were dispatched by the department in each participatingpolitical subdivision, excluding:

(1) Calls for service with respect to felonycrimes;

(2) Calls for service originating in those areaswhich were served by a rural program of resident officers; and

(3) Calls for service originating from a programof contract services which is totally funded by the contracting agency orentity,

and thetotal number of felonies which were reported in each participating politicalsubdivision, excluding reports of felonies originating from a rural program ofresident officers or a program of contract services. The number of calls forservice and the number of felonies reported must have been made during the 12months preceding January 1 of the current fiscal year.

(b) The cost of the investigative function must beapportioned on a percentage basis according to the comparative cumulative,unweighted percentage relationship among the participating politicalsubdivisions of the total number of felonies which were reported in eachparticipating political subdivision during the 12 months preceding January 1 ofthe current fiscal year.

9. For the purpose of subsection 8, the populationattributable to a county does not include the population of the cities withinthat county or the population of those areas within that county which areserved by a rural program of resident officers.

10. The department shall maintain all of thestatistics necessary to effectuate the funding apportionment plan and shallmaintain accurate records in support of the determination required in order tocomply with this section.

11. If, in the initial year of the merger, thestatistics necessary to determine the funding apportionment plan for theremainder of that year are incomplete, the department shall prepare a fundingapportionment plan for the remainder of that year based upon the most accuratestatistics available, and apply it as closely as possible in the mannerprescribed in this section. The fact that a budget, a funding apportionment planand a rural program of resident officers are not prepared and submitted whendue does not invalidate any of them.

(Added to NRS by 1977, 363; A 1979, 1002; 1981, 638;1987, 1493; 1997, 2876)

NRS 280.220 Dutiesof county auditor or county comptroller upon merger, withdrawal or dissolution.

1. Upon merger, the county auditor or countycomptroller of a county which has a department shall:

(a) Create in the county treasury one or more funds andaccounts within those funds, pursuant to the provisions of NRS 354.470 to 354.626, inclusive, as the department mayrequest, for the exclusive use of the department.

(b) Receive all money from the county, participatingcities and any other source on behalf of the department and deposit the moneyin the appropriate department fund.

(c) Receive all money collected by the department forany purpose, except criminal and civil fines, and deposit the money in theappropriate department fund.

(d) Issue warrants against a department fund in themanner provided in this chapter.

(e) Credit any interest earned on money held in adepartment fund to any such fund designated by the department.

(f) Retain in each department fund any balancesremaining at the end of each fiscal year.

2. Within 30 days after the effective date of thewithdrawal of a participating political subdivision from the department, thecounty auditor or county comptroller shall issue a warrant to pay to thewithdrawing political subdivision any money held in a department fund that isattributable to the withdrawing political subdivision based on the proportionthat the total budgetary contribution of the withdrawing political subdivisionto the department bears to the total budgetary contributions of all theparticipating political subdivisions to the department since the time ofmerger.

3. Within 30 days after the effective date of thedissolution of the department, the county auditor or county comptroller shalldisburse any money held in a department fund to the participating politicalsubdivisions at the time of dissolution based on the proportion that the totalbudgetary contribution of each participating political subdivision to thedepartment bears to the total budgetary contributions of all the participatingpolitical subdivisions to the department since the time of merger.

(Added to NRS by 1973, 918; A 1977, 366; 1981, 640; 2001, 1659)

NRS 280.230 Examinationand audit of accounts. The committee mayexamine and audit the accounts of all officers responsible for the care,management, collection or disbursement of any money belonging to the departmentor appropriated by law or otherwise, for its use and benefit.

(Added to NRS by 1973, 918; A 1981, 641)

NRS 280.240 Allowanceof accounts. The committee shall examine,settle and allow all accounts legally chargeable against the department.

(Added to NRS by 1973, 918; A 1981, 641)

NRS 280.250 Approvaland payment of claims.

1. Every demand against a department, except a demandfor the sheriffs salary, a contested claim or demand or a demand required bythe committee to be submitted to it, after the demand is approved and signed bythe sheriff or his designee, must be listed on a cumulative voucher sheet andaudited by the county auditor or comptroller.

2. The county auditor or comptroller shall satisfyhimself whether the money demanded is legally due and remains unpaid, andwhether its payment from the treasury is authorized by law, and out of whatfund.

3. The county auditor or comptroller and the countytreasurer must sign the cumulative voucher sheets and the warrants. The countytreasurer shall send a signed copy of the cumulative voucher sheets to thecommittee.

4. A majority of the members of the committee mustapprove a contested claim or a demand required to be submitted to the committeebefore such a demand is paid from the departments fund. A contested demandmust be paid as provided in NRS 280.260.

(Added to NRS by 1973, 918; A 1981, 215, 641; 1989,990)

NRS 280.260 Issuanceof warrants.

1. If the county auditor or comptroller refuses toallow the payment of any demand, the demand must be presented to the committeewith the refusal of the county auditor or comptroller endorsed thereupon andhis reasons for the refusal.

2. If the committee, by a unanimous vote of all itsmembers orders the issuance of a warrant in such a case, the county auditor orcomptroller shall immediately issue the warrant upon service upon him of a copyof the committees order on which the secretary of the committee has certifiedthat all its members voted for its passage; otherwise, the demand must bedeclared rejected, and no warrant may thereupon issue.

3. If the county auditor or comptroller allows such ademand in part, a warrant may be issued only for that part unless the committeeallows a greater sum by a unanimous vote of its members.

4. No warrant may be drawn by the county auditor orcomptroller on a departments fund, unless there is sufficient money in thefund to pay the warrant. Any warrant drawn contrary to the provisions of thissubsection is void.

(Added to NRS by 1973, 919; A 1981, 215, 641)

NRS 280.262 Taxingdistrict: Creation; restriction on use; restriction on alteration orabolishment of boundary.

1. In each county in which a metropolitan policedepartment is established, there is hereby created a taxing district consistingof:

(a) The area within the boundaries of each incorporatedcity which participates in the department; and

(b) The area of the county outside the boundaries ofany incorporated city.

2. A taxing district must not be used for any purposenot specifically authorized by the provisions of this chapter.

3. The boundary of the taxing district must not bealtered or abolished as a result of the withdrawal of a participating politicalsubdivision from the department or the dissolution of the department in such amanner as to impair any outstanding bonds or other obligations that are payablefrom or secured by a pledge of a tax imposed in the taxing district until thosebonds or other obligations have been discharged in full.

(Added to NRS by 1991, 1061; A 2001, 1659; 2003, 434)

NRS 280.264 Issuanceof general obligations to finance capital improvements; levy of tax on propertywithin taxing district; proportionality of obligations for purposes of debtlimitation; liability for indebtedness upon withdrawal or dissolution.

1. The committee may, with the consent of thegoverning body of the county and each participating city, borrow money fromtime to time as general obligations to construct buildings or improve propertyused by the department, except a county or city jail or detention facility. Forthis purpose, the committee is a governing body within the meaning of NRS 350.524.

2. If general obligations are issued pursuant to thissection, the committee shall determine the amount required in each fiscal yearto pay the interest and required installments of principal, and report this amountto the Nevada Tax Commission as the budgets of local governments are reported,for the levy of the requisite tax on all taxable property within the taxingdistrict.

3. For the purposes of any debt limitation of a countyor city, obligations issued pursuant to this section shall be deemed to be therespective general obligations of the county and each of the cities in the sameproportion as the percentage of the departments expenses paid by the countyand each of the cities pursuant to the formula in effect at the time theobligations are issued.

4. If a participating political subdivision withdrawsfrom the department, the withdrawing political subdivision becomes liable forthe proportion of the indebtedness for the general obligations issued pursuantto this section that is attributable to the withdrawing political subdivisionbased on the percentage of the departments expenses paid by the withdrawingpolitical subdivision pursuant to the formula in effect at the time the generalobligations were issued.

5. Each participating political subdivision at thetime of dissolution becomes liable for the proportion of the indebtedness forthe general obligations issued pursuant to this section that is attributable toeach participating political subdivision based on the percentage of thedepartments expenses paid by each participating political subdivision pursuantto the formula in effect at the time the general obligations were issued.

(Added to NRS by 1991, 1061; A 2001, 1659)

NRS 280.265 Taxingdistrict: Proposal to voters of question to levy additional ad valorem tax toemploy additional police officers.

1. The committee may, with the consent of thegoverning body of each participating political subdivision and the debtmanagement commission in the participating county, propose to the registeredvoters of the taxing district, at a county general election, the question ofwhether an additional ad valorem tax shall be levied on all taxable propertywithin the taxing district for the support of the department for the purpose ofemploying additional police officers.

2. The question submitted to the voters must includeinformation regarding:

(a) The initial ad valorem tax rate and the method fordetermining the ad valorem tax rate for each fiscal year; and

(b) The rate of the proposed additional property taxstated in dollars and cents per $100 assessed valuation, the purpose of theproposed additional property tax, the duration of the proposed additionalproperty tax and an estimate established by the committee of the increase inthe amount of property taxes that an owner of a new home with a fair marketvalue of $100,000 will pay per year as a result of the passage of the question.

3. For the purposes of NRS 350.011 to 350.0165, inclusive, a committee shall bedeemed a municipality or a governing body of a municipality.

(Added to NRS by 2003, 433)

NRS 280.2655 Impositionof additional ad valorem tax approved pursuant to NRS 280.265;rate; collection; use of proceeds. If thevoters of the taxing district approve the levy of an additional ad valorem taxpursuant to NRS 280.265:

1. The board of county commissioners of the county inwhich the taxing district is located shall impose the tax annually at the rateapproved by the voters;

2. A county officer charged with the duty ofcollecting ad valorem taxes shall collect the tax in the same form and manner,and with the same interest and penalties, as other ad valorem taxes arecollected, and shall pay all revenue generated by the tax, including allinterest and penalties, to the department upon collection; and

3. The committee shall authorize the department to usethe proceeds only for the purpose of employing additional police officers andthe incurrence of related costs.

(Added to NRS by 2003, 434)

NRS 280.266 Issuanceof medium-term obligations to acquire capital equipment; liability forindebtedness upon withdrawal or dissolution.

1. Upon the adoption of a resolution pursuant to NRS 350.087, the committee may issue amedium-term obligation to purchase capital equipment or enter into alease-purchase agreement for capital equipment.

2. The committee is not required to comply with theprovisions of NRS 350.089 if it enters alease-purchase agreement for capital equipment.

3. If a participating political subdivision withdrawsfrom the department, the withdrawing political subdivision becomes liable forthe proportion of the indebtedness for the medium-term obligations issuedpursuant to this section that is attributable to the withdrawing politicalsubdivision based on the percentage of the departments expenses paid by thewithdrawing political subdivision pursuant to the formula in effect at the timethe medium-term obligations were issued.

4. Each participating political subdivision at thetime of dissolution becomes liable for the proportion of the indebtedness forthe medium-term obligations issued pursuant to this section that isattributable to each participating political subdivision based on thepercentage of the departments expenses paid by each participating politicalsubdivision pursuant to the formula in effect at the time the medium-term obligationswere issued.

(Added to NRS by 1997, 1296; A 2001, 1660, 2317; 2003, 69)

NRS 280.270 Paymentof premiums for industrial insurance. Thecounty auditor or comptroller of a county in which a department is locatedshall comply with the provisions of NRS616B.224 on behalf of the department.

(Added to NRS by 1973, 919; A 1999, 1734)

ADMINISTRATION AND POWERS

NRS 280.280 Transferof powers and duties to department; contracts; suits; insurance.

1. Upon the formation of a department, every power andduty conferred or imposed by law upon a county sheriff which relates to lawenforcement, and upon a chief of police or police department of anyparticipating city, devolves automatically upon the department. After theformation of a department, contracts to furnish police services must be madewith the department and not with a participating political subdivision.

2. The department may, upon the approval of thecommittee and in compliance with chapter 332of NRS, enter into contracts to purchase goods and services necessary tooperate and maintain the department.

3. The department may sue or be sued in its own namewith respect to any contract it is permitted by law to enter.

4. The department is responsible for the defense ofany claim and for any judgment arising out of any act or omission to act on thepart of the committee, the sheriff, or any officer, employee or agent of thedepartment, for which a political subdivision of the State may be heldresponsible pursuant to NRS 41.0305 to 41.039, inclusive. The department may sueor be sued with regard to these matters.

5. The department may:

(a) Insure itself against any liability arising undersubsection 4.

(b) Insure the members of the committee, the sheriff,and any of its officers, employees and agents against tort liability resultingfrom an act or an omission to act in the scope of his duties or employment.

(c) Insure against the expense of defending a claimagainst itself, the committee, the sheriff or any of its officers, employees oragents whether or not liability exists on the claim.

(Added to NRS by 1973, 919; A 1977, 366; 1981, 642;1987, 96)

NRS 280.284 Contractfor operation or maintenance of jail. A departmentmay enter into a contract with a county or any participating city for the operationor maintenance, or both, by the department with its own employees of a jailestablished by the other contracting party.

(Added to NRS by 1983, 731)

NRS 280.287 Contractfor provision and supervision of police services in public schools;qualifications and training for officers assigned to school police unit.

1. The department may enter into a contract with theboard of trustees of the school district located in the county served by thedepartment for the provision and supervision of police services in the publicschools within the school district and on property owned by the schooldistrict. If the department enters into a contract pursuant to this section,the department shall create a separate unit designated as the school policeunit for this purpose.

2. The department may establish differentqualifications and training requirements for officers assigned to the schoolpolice unit than those generally applicable to officers of the department.

(Added to NRS by 1999, 3463)

NRS 280.305 Pensionor insurance for disability.

1. The committee may establish, by contract orotherwise, and administer a disability pension plan or disability insuranceprogram for the benefit of any police officer of the department who isdisabled, to any degree, by an injury arising out of and in the course of hisemployment. The cost of the plan or program may be charged, in whole or inpart, against the annual operating budget for the department.

2. The committee may adopt rules, policies andprocedures necessary to establish and administer the plan or program specifiedin subsection 1.

3. If the committee elects to consider implementationof a plan or program specified in subsection 1, or to change the benefitsprovided by an existing plan or program, the persons affected by the proposedplan or program, or proposed change, may negotiate with:

(a) The committee or two or more persons designated byit; and

(b) The sheriff or a person designated by him,

concerningthe nature and extent of the plan, program or change. Chapter 288 of NRS applies to negotiations forthis 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, 1299; A 1981, 642; 1999, 234)

NRS 280.307 Sheriffof county authorized to adopt administrative policies, procedures, rules andregulations without approval of board or committee; limitation. The sheriff of the county in which a department is locatedmay adopt such policies, procedures, rules and regulations for theadministration of the department and the employees of the department as hedeems appropriate without obtaining the approval of the board or the committee.Such policies, procedures, rules and regulations must not conflict with theregulations prepared by the board and adopted by the committee pursuant tosubsection 4 of NRS 280.310.

(Added to NRS by 2001, 688)

NRS 280.310 Civilservice system: Civil service board; oaths; subpoenas; regulations; personnelofficer; representation of employee before board.

1. Each department shall have a system of civilservice, applicable to and governing all employees of the department exceptelected officers and such other positions as designated by the committee.

2. The system of civil service must be governed by aboard composed of five civil service trustees appointed by the committee. Uponcreation of the board, the committee shall appoint one trustee for a term of 2years, two trustees for terms of 3 years and two trustees for terms of 4 years.Thereafter the terms of all trustees are 4 years.

3. The members of the board may administer any oath oraffirmation necessary in discharging its duties. The board may issue subpoenasin the discharge of its duties in the same manner as a subpoena is issued in acivil action.

4. The board shall prepare regulations governing thesystem of civil service to be adopted by the committee. The regulations mustprovide for:

(a) Examination of potential employees;

(b) Recruitment and placement procedures;

(c) Classification of positions; and

(d) Procedures for promotion, disciplinary actions andremoval of employees.

5. Copies of the regulations of the system of civilservice must be distributed to all employees of the department.

6. The sheriff shall designate a personnel officer toadminister the personnel functions of the department according to the policiesand regulations of the board.

7. In any hearing or other proceeding conducted by theboard, an employee of the department, may represent himself or be representedby any person of the employees own choosing.

(Added to NRS by 1973, 920; A 1977, 366; 1979, 1125;1981, 643; 1997, 1356; 2001,688)

NRS 280.320 Applicabilityof Local Government Employee-Management Relations Act and Public EmployeesRetirement Act; representation in negotiations.

1. A department is a local government employer for thepurpose of the Local Government Employee-Management Relations Act and a publicemployer for the purpose of the Public Employees Retirement Act.

2. In negotiations arising under the provisions of chapter 288 of NRS:

(a) The committee or two or more persons designated byit; and

(b) The sheriff or a person designated by him,

shallrepresent the department.

3. In negotiations arising under the provisions of chapter 288 of NRS, a school police unit must beconsidered a separate bargaining unit.

(Added to NRS by 1973, 921; A 1981, 644; 1999, 3463)

PROPERTY

NRS 280.330 Departmentto succeed to rights of participating political subdivisions; pending claimsand actions unaffected.

1. All bonds, contracts, franchises and agreements towhich the participating political subdivisions are parties and which relate tolaw enforcement activity shall inure to the benefit of the department as thesuccessor and assignee of such political subdivisions in matters relating tosuch activity.

2. No valid claims against the various participatingpolitical subdivision arising from law enforcement activity shall be diminishedor altered by reason of a merger under this chapter.

3. Merger of the respective law enforcement agenciesshall not affect any pending action or proceeding which involves any debt,demand, liability or obligation or which has been brought by or against anyparticipating political subdivision prior to the merger, irrespective of thenature of such matter in litigation.

(Added to NRS by 1973, 921)

NRS 280.340 Personalproperty.

1. Upon merger, the title to and possession of allpersonal property which is:

(a) Owned or held by, or in trust for, any of theparticipating political subdivisions, or by their officers or agencies in trustfor public use; and

(b) Exclusively devoted at the time of merger to thepurposes of law enforcement,

shall bevested in and transferred to the department.

2. Property which is required to be transferred underthe provisions of this section must be inventoried and appraised before thetransfer in a manner which satisfies the accounting requirements of eachparticipating political subdivision, in order that values may be determined asof the date of transfer.

3. The department shall hold title to all personalproperty it acquires after the time of merger.

4. To acquire personal property, the department may,upon the approval of the committee and by the unanimous vote of the members ofthe governing body of each participating political subdivision, issuenegotiable notes in the amount of the purchase price thereof, which:

(a) Mature not later than 5 years from the date ofissuance; and

(b) Bear interest at a rate not to exceed 12 percentper annum.

5. Each participating political subdivision shallprovide in its annual budget for the payment of the principal and interest onthe negotiable notes according to the funding apportionment plan establishedpursuant to NRS 280.201 for the fiscalyear in which the negotiable notes were issued.

6. If the withdrawal of a participating politicalsubdivision from the department is approved pursuant to NRS 280.126, any personal property held by,for the use and benefit of or in trust for the department must be immediatelyinventoried and appraised. The withdrawing political subdivision is entitled toreceive, on the effective date of the withdrawal, its share of the value of thepersonal property, in cash or in kind, or both, or in such other manner asdetermined by the committee, based upon the average of:

(a) The proportion that its total contribution ofpersonal property to the department bears to the total contributions ofpersonal property of all participating political subdivisions since the time ofmerger; and

(b) The proportion that its total budgetarycontribution to the department bears to the total budgetary contributions ofall participating political subdivisions since the time of merger.

7. If the dissolution of the department is approvedpursuant to NRS 280.126, any personalproperty held by, for the use and benefit of, or in trust for the departmentmust be immediately inventoried and appraised. Each participating politicalsubdivision at the time of dissolution is entitled to receive, on the effectivedate of the dissolution, its share of the value of the personal property, incash or in kind, or both, based upon the average of:

(a) The proportion that its total contribution ofpersonal property to the department bears to the total contributions ofpersonal property of all participating political subdivisions to the departmentsince the effective date of the merger; and

(b) The proportion that its total budgetarycontribution to the department bears to the total budgetary contributions ofall participating political subdivisions to the department since the effectivedate of the merger.

8. Upon the effective date of the withdrawal from thedepartment, a withdrawing political subdivision becomes obligated for thepayment of its share of the unpaid balance of any negotiable note issued by thedepartment pursuant to subsection 4, determined in accordance with the fundingapportionment plan established pursuant to NRS280.201 for the fiscal year in which the negotiable note was issued. The department,becomes obligated for the payment of the remainder of the unpaid balance.

9. Upon the effective date of the dissolution of thedepartment, each participating political subdivision at the time of dissolutionbecomes obligated for the payment of its share of the unpaid balance of anynegotiable note issued by the department pursuant to subsection 4 in theproportion that its total budgetary contribution to the department during thefiscal year or years in which the personal property was acquired bears to thetotal budgetary contributions of all participating political subdivisions tothe department during that period.

(Added to NRS by 1973, 921; A 1981, 644; 2001, 1661)

NRS 280.350 Realproperty.

1. Upon merger, the department may possess all realproperty owned or held by any of the participating political subdivisions forthe purposes of law enforcement at the time of adoption of the ordinanceproviding for the merger.

2. Upon a showing of good cause and a majority vote ofthe committee, the political subdivision which holds title to property:

(a) Owned or held for the purposes of law enforcementat the time of adoption of the ordinance providing for the merger; or

(b) Acquired for the use and benefit of or in trust forthe department after the merger,

mayrepossess the property for public use if the department no longer needs it forthe purposes of law enforcement.

3. The maintenance costs for any real property heldfor the use and benefit of or in trust for a department must be paid by thedepartment.

4. The department may, upon the approval of thecommittee, lease or rent real property for the purposes of law enforcement.

5. If the withdrawal of a participating politicalsubdivision from the department is approved pursuant to NRS 280.126:

(a) The right to possess any real property, thepossession of which passed to the department by operation of this section andthe title to which remains in the withdrawing political subdivision, reverts tothe withdrawing political subdivision upon the effective date of thewithdrawal.

(b) Real property which was acquired for the use andbenefit of or in trust for the department after the merger must immediately beinventoried and appraised. The withdrawing political subdivision is entitled toreceive, on the effective date of the withdrawal, its share of the value ofeach parcel of real property, with improvements thereon, in cash or in kind, orboth, or in such other manner as determined by the committee, in the proportionthat its total budgetary contribution to the department during the fiscal yearor years in which the parcel was acquired and improved bears to the totalbudgetary contributions of all participating political subdivisions during thattime.

6. If the dissolution of the department is approvedpursuant to NRS 280.126:

(a) The right to possess any real property, thepossession of which was passed to the department by operation of this sectionand the title to which remains in a participating political subdivision,reverts to that political subdivision on the effective date of the dissolution.

(b) Real property that was acquired for the use andbenefit of or in trust for the department after the effective date of themerger must immediately be inventoried and appraised. Each participatingpolitical subdivision at the time of dissolution is entitled to receive, on theeffective date of the dissolution, its share of the value of each such parcelof real property and any improvements on that property, in cash or in kind, orboth, in the proportion that its total budgetary contribution to the departmentduring the fiscal year or years in which the parcel was acquired and improvedbears to the total budgetary contributions of all participating politicalsubdivisions to the department during that period.

(Added to NRS by 1973, 922; A 1981, 645; 1993, 29; 2001, 1662)

MISCELLANEOUS PROVISIONS

NRS 280.400 Accidentreports and related materials: Provision upon receipt of reasonable fee. A metropolitan police department shall, within 7 daysafter receipt of a written request of a person who claims to have sustaineddamages as a result of an accident, or his legal representative or insurer, andupon receipt of a reasonable fee to cover the cost of reproduction, provide theperson, his legal representative or insurer, as applicable, with a copy of theaccident report and all statements by witnesses and photographs in thepossession or under the control of the department that concern the accident,unless:

1. The materials are privileged or confidentialpursuant to a specific statute; or

2. The accident involved:

(a) The death or substantial bodily harm of a person;

(b) Failure to stop at the scene of an accident; or

(c) The commission of a felony.

(Added to NRS by 1987, 1052; A 2005, 702)

 

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