Las Vegas police department, 1992-07

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Content ATTACHMENT #1
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280.010
280.015
280.020
280.030
280.040
280.045
280.050
280.060
280.065
280.080
280.085
280.095
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CHAPTER 280
METROPOLITAN POLICE DEPARTMENTS
GENERAL PROVISIONS
Legislative findings; declaration of purpose.
Liberal construction.
Definitions.
"Board" defined.
"City" defined.
"Committee" defined.
"Department" defined.
"Department fund" defined.
"Investigative function" defined.
"Political subdivision" defined.
"Rural program of resident officers" defined.
"Uniformed function in the field" defined.
MERGER
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280.105 Exclusive method for merging law enforcement agency of county whose popula-
tion is 100,000 or more with city law enforcement agencies.
280.110 Merger of county and city law enforcement agencies into metropolitan police
department.
280.120 Participating law enforcement agencies superseded upon merger; operation as
metropolitan police department.
METROPOLITAN POLICE COMMITTEE ON FISCAL AFFAIRS
280.130
28U50
280.160
280.170
280.180
280.190
280.201
280.220
280.230
280.240
280.250
280.260
(1991 )
Composition; chairman.
Quorum.
Oaths and affirmations.
Secretary and clerical personnel.
Meetings; notice.
FINANCES
Budget and plan for apportionment of expense: Preparation; approval;
· arbitration.
Plan for apportionment of expense: Exclusions; formula for apportionment;
statistics and records.
Departmental funds and accounts: Creation; source; use.
Examination and audit of accounts .
Allowance of accounts.
Approval and payment of claims.
Issuance of warrants.
7697
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CH. 280 METROPOLITAN POLICE DEPARTMENTS
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280.262
280.264
280.270
280.280
280.284
280.290
280.300
280.305
280.310
280.320
280.330
280.340
280.3S0
280.400
Creation of taxing district. :/S~: {.,_.,, ~
Issuance of general obligations to finance capital improvements; levy of tax on ~·•>:-:·~·'·
property within taxing district. i ., ·· · .. _, ~?:
Payment of premiums for industrial insurance. · • . : ,t~
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ADMINISTRATION AND POWERS
Transfer of powers and duties to department; contracts; suits; insurance.
Contract for operation or maintenance of jail.
Officers; retention of rank.
Transfer of employees of participating political subdivisions; retention of rank,
grade and benefits; duties.
Pension or insurance for disability.
Civil service system: Civil service board; regulations; personnel officer.
Applicability of Local Government Employee-Management Relations Act and
Public Employees' Retirement Act; representation in negotiations.
PROPERTY
Department to succeed to rights of participating political subdivisions; pending
claims and actions unaffected.
Personal property.
Real property.
MISCELLANEOUS PROVISIONS
Accident reports and related materials: Provision upon receipt of reasonable fee.
£,
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CHAPTER 280
METROPOLITAN POLICE DEPARTMENTS
CROSS REFERENCES
Abandoned or unclaimed property, NRS 120A.010 et seq.
Abuse, neglect and exploitation of older persons, NRS 200.5091 et seq.
Agreement on Detainers, NRS 178.620 et seq.
Bail, release of arrested person without, NRS 178.4851
Board of county commissioners defined, NRS 0.035
Business licenses, NRS 244.345
Cities, mayor may call upon department for assistance, NRS 266.190
Criminal history, records of, NRS 179A.010 et seq.
Deputy sheriffs, appointment and removal, NRS 248.045
Driver's license for identification in undercover investigation of narcotics or prostitution,
NRS 483.340
Ethics in Government Law, Nevada, NRS 281.411 et seq.
Federal Bureau of Investigation, authority to request and receive personal infonnation from,
NRS 239B.010
Financial records of customers of financial institutions, disclosure, NRS 239A.010 et seq.
Forfeiture of property used in commission of crime, procedure and distribution, NRS 179.1156
et seq.
Gaming law violations, infonnation obtained from investigation to be reported to gaming control
board, NRS 463.355
Garbage, refuse disposal, duty to enforce law, NRS 444.630
Homicide, excusable by misadventure, NRS 200.180
Industrial insurance-
Compulsory coverage, NRS 616.275
Contractors must file compliance certificates, NRS 616.280
Police officer defined, NRS 617.135
Premium payments, NRS 616.405
Investigation division-
Drug violations, infonnation obtained in investigations to be furnished to division,
NRS 481.250
Services available from, NRS 481.240
Liquor licenses, NRS 244.350
Local Government Employee-Management Relations Act, NRS 288.010 et seq.
Metropolitan police commission, meetings, NRS 241.010 et seq.
Misdemeanor citations, NRS 171.177 et seq.
Missing children, duties, NRS 432.150 et seq.
Murder, first degree, circumstances aggravating, NRS 200.033
Occupational diseases, NRS 617.455, 617.457
Peace officers-
Certification, NRS 481.054
Definition, NRS 169.125
Rights of peace officers, NRS 289.010 et seq.
Policemen, working hours, NRS 281.100
Public employees' retirement, NRS 286.010 et seq.
Sheriffs, NRS 248 .010 et seq.
(1991) 7699
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CH. 280 METROPOLITAN POLICE DEPARTMENTS
Stop and Frisk Law, NRS 171.123 et seq.
Surplus property of governmental entities, purchasing, NRS 344.030
Telephone number for use in emergency, NRS 244A. 765 et seq., 268. 765 et seq.
Unmarked vehicles used by sheriff, licensing, NRS 482.368
(1991 ) 7700
METROPOLITAN POLICE DEPARTMENTS 280.010
-ANNOTATIONS-
Nevada Cases.
Provision making consolidation of law
enforcement agencies mandatory was not
unconstitutional. Provision in former NRS
280.100 making consolidation of law enforce
ment agencies of county and county scat
mandatory in counties having population of
200,000 or more was not unconstitutional
under Nev. Art. 4, §§ 20, 21 and 25 , where
population limitation (I) was prospectively
applicable to all counties and county seats
which might come within it, (2) was rationally
related to subject matter and expressed pur
pose (see NRS 280.010) of NRS ch. 280, and
(3) did not create odious, absurd or bizarre
distinctions. County of Clark v. City of Las
Vegas, 97 Nev. 260, 628 P.2d 1120 (1981)
GENERAL PROVISIONS
280.010 Legislative findings; 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 in this state.
(b) That merger of city and county law enforcement agencies would
increase the efficiency of such agencies by increasing communication facili
ties, lowering purchasing costs and coordinating law enforcement efforts
throughout metropolitan areas.
2. It is the purpose of this chapter to provide the means whereby the
respective law enforcement agencies of the cities and counties in this state
may merge into county-wide metropolitan police departments.
(Added to NRS by 1973, 915; A 1975, 1283; 1977, 364)
-ANNOTATIONS-
Nevada Cases.
Provision making consolidation of law
enforcement agencies mandatory was not
unconstitutional. Provision in former NRS
280.100 making consolidation of law enforce
ment agencies of county anJ county scat
mandatory in counties having population of
200,000 or more was not unconstitutional
under Nev. Art. 4, §§ 20, 21 and 25, where
population limitation (1) was prospectively
applicable to all counties and county seats
which might come within it, (2) was rationally
related to subject matter and expressed pur
pose (sec NRS 280.010) of NRS ch. 280, and
(3) did not create odious, absurd or bizarre
distinctions. County of Clark v. City of Las
Vegas, 97 Nev. 260, 628 P.2d 1120 (1981)
280.015 Liberal construction. The powers of the various participating
political subdivisions and the provisions of this chapter shall be construed
liberally to effect the merger of the law enforcement agencies of such political
subdivisions without administrative difficulty, it being the intention of the
legislature that the formation of departments be effected in an orderly
manner.
(Added to NRS by 1973, 919)-(Substituted in revision for NRS 280.360)
( 1991)
7701
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280.020 METROPOLITAN POLICE DEPARTMENTS
-ANNOTATIONS-
Nevada Cases.
Provision for return of appointees to civil
service if removed from appointive posi
tions indicates absence of limit on sheriff's
power of appointment. NRS 280.290, which
provides for appointments to certain ranks in
metropolitan police department, upon its for
mation by merger of county sheriff's depart
ment with police departments of participating
cities, from "highest civil service rank in the
department," did not preclude later sheriff as
head of department from appointing to those
positions without regard to rank in civil ser
vice, because provision for return of appoin
tees to civil service if removed from
appointive positions indicates absence of limit
on sheriff's power of appointment, and former
NRS 280.360 (cf. NRS 280.015) indicates
legislature's concern with smooth transition
upon merger. Acklin v. McCarthy, 96 Nev.
520, 612 P.2d 219 (1980)
280.020 Definitions. As used in this chapter, unless the context other
wise requires, the words and terms defined in NRS 280.030 to 280.095,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1973, 915; A 1979, 532; 1981, 635)
280.030 "Board" defined. "Board" means a civil service board
appointed by the committee.
(Added to NRS by 1973, 915; A 1981, 635)
280.040 "City" defined. "City" means an incorporated city in this
state.
(Added to NRS by 1973, 915; A 1987, 1719)
280.045 "Committee" defined. "Committee" means a metropolitan
police committee on fiscal affairs.
(Added to NRS by 1981, 635)
280.050 "Department" defined. "Department" means a metropolitan
police department created under the provisions of this chapter.
(Added to NRS by 1973, 915)
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280.060 "Department fund" defined. "Department fund" means any
fund created in a county treasury under the provisions of NRS 280.220.
(Added to NRS by 1973, 915; A 1981, 635)
280.065 "Investigative function" defined. "Investigative function"
means those units within the department whose primary responsibility is to
investigate cases to apprehend and convict criminals.
(Added to NRS by 1981, 635)
280.080 "Political subdivision" defined. "Political subdivision" means
a county in this state or an incorporated city or town within such county.
(Added to NRS by 1973, 916)
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METROPOLITAN POLICE DEPARTMENTS 280.110
280.085 "Rural program of resident officers" defined. "Rural pro
gram of resident officers" means a law enforcement program which provides
police protection to a rural area as defined by a metropolitan police depart
ment, approved by the governing body of each participating political subdivi
sion before January 1 preceding the commencement of each fiscal year.
(Added to NRS by 1981, 635)
280.095 "Uniformed function in the field" defined. "Uniformed func
tion in the field" means those operating units within the department whose
primary responsibilities are to protect the public safety, respond in the first
instance to disturbances and calls for service and enforce any traffic
regulation.
(Added to NRS by 1981, 635)
MERGER
280.105 Exclusive method for merging law enforcement agency of
county whose population is 100,000 or more with city law enforcement
agencies. No county whose population is 100,000 or more may merge its
law enforcement agency with the law enforcement agency of any of the cities
in that county to create a single law enforcement agency for the participating
political subdivisions except pursuant to the provisions of this chapter.
(Added to NRS by 1981, 635; A 1987, 847)
280.110 Merger of county and city law enforcement agencies into
metropolitan police department.
1. The board of county commissioners of any county and the governing
body of any city or cities located in the county may merge their respective
law enforcement agencies into one metropolitan police department. To do so,
the board of county commissioners of the participating county and the gov
erning body of each participating city must each adopt an ordinance providing
for the merger. Except with respect to an ordinance providing for the reor
ganization of an existing department pursuant to the provisions of this chap
ter, any ordinance providing for a merger must be adopted and become
effective on or before November 30 in the year preceding the commencement
of the fiscal year in which tne merger is to occur.
2. Any participating political subdivision may withdraw from the metro
politan police department by repealing the ordinance providing for the
merger. The withdrawal must be effective at the beginning of a fiscal year and
notice must be given to all other participating political subdivisions at least 6
months in advance of that date.
3. If the act or charter under which a participating city is organized
provides for the appointment of a chief of police and his duties of law
(1991)
7703
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280.120 METROPOLITAN POLICE DEPARTMENTS
enforcement and the governing body of the city adopts an ordinance for the
merger authorized by this section:
(a) The charter provision for appointment of a chief of police shall be
deemed superseded as long as the ordinance providing for a merger remains
in effect.
(b) The duties of law enforcement devolve upon the metropolitan police
department, except the duty to construct, maintain or operate any county or
city jail or detention facility.
4. Any nonparticipating city may, by adopting an ordinance providing for
a merger, merge its law enforcement agency into an existing metropolitan
police department with the unanimous consent of the committee and subject
to such rules and regulations as the committee may adopt which are consistent
with the provisions of this chapter.
(Added to NRS by 1973, 916; A 1981, 635; 1989, 1180)
280.120 Participating law enforcement agencies superseded upon
merger; operation as metropolitan police department. Upon merger:
1. The law enforcement agencies of each participating political subdivi
sion shall be deemed superseded as long as the ordinance providing for the
merger remains in effect.
2. The resulting department shall operate under the provisions of this
chapter.
(Added to NRS by 1973, 916; A 1981, 636)
METROPOLITAN POLICE COMMITTEE ON FISCAL AFFAIRS
280.130 Composition; chairman.
1. The committee consists of two representatives from each participating
political subdivision.
2. Representatives of the participating political subdivisions are not enti
tled to receive any additional compensation or be reimbursed by the depart
ment for any expenses incurred while serving on the committee.
3. Each representative of a participating political subdivision must be a
member of its governing body and serves at the pleasure of the governing
body making the appointment.
4. The members of the committee shall, by majority vote, select an addi
tional member of the committee from the general public from a list consisting
of three persons nominated by each participating political subdivision 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 and until his successor is
selected.
(c) May succeed himself.
( d) Is entitled to receive as compensation $40 for each day of service.
(1991 )
7704
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METROPOLITAN POLICE DEPARTMENTS 280.180
( e) Is entitled to reimbursement for his necessary travel and per diem
expenses in the manner provided by the committee for the reimbursement of
officers and employees of the department.
5. If the members of the committee fail to agree on the additional member
to be selected pursuant to subsection 4 within 30 days after their initial
meeting following the merger or by August 1 of any year thereafter, the
additional member of the committee must be appointed by the governor
without regard to the lists submitted . The person so appointed must reside in
the area served by the department.
6. At its first meeting and in August of each year thereafter, 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)
280.150 Quorum.
1. A majority of the committee is a quorum for the transaction of business
if it includes at least one representative from each participating political
subdivision .
2. Except as otherwise provided in this chapter, when a vote of the
committee is required to transact business, the vote is a majority of the
quorum present and voting on the matter in question.
{Added to NRS by 1973, 917; A 1977, 365; 1981, 637)
280.160 Oaths and affirmations. Members of the committee may
administer all oaths or affirmations necessary in discharging the duties of
their office.
{Added to NRS by 1973, 917; A 1981, 637)
280.170 Secretary and clerical personnel. The committee shall employ
a clerk and may employ other clerical personnel necessary to the discharge of
its duties. The clerk is secretary for the committee.
{Added to NRS by 1973, 917; A 1975, 1283; 1977, 365; 1981, 637)
280.180 Meetings; notice.
1. The committee shall meet at least once each quarter on a regularly
scheduled day and may meet more often upon the call of the chairman, either
on his own motion or at the request of any two members of the committee.
2. The clerk of the committee shall give written notice of each special
meeting to each member of the committee at least 1 day before the meeting or
by mailing the notice to each member's place of residence in the county at
least 3 days before the meeting.
3. The notice must specify the time, place and purpose of the meeting. If
all of the members of the committee who did not receive notice are present at
the special meeting, lack of notice does not invalidate the proceedings.
(Added to NRS by 1973, 917; A 1981 , 637)
(1991 )
7705
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280.190 METROPOLITAN POLICE DEPARTMENTS
FINANCES
280.190 Budget and plan for apportionment of expense: Preparation;
approval; arbitration. The committee shall:
1. Direct the department to prepare and shall approve an annual operating
budget for the department.
2. Submit the budget to the governing bodies of the participating political
subdivisions before April 1 for funding for the following fiscal year.
3. Direct the department to prepare and shall adopt the funding apportion
ment plan provided for in NRS 280.201 and submit the plan before February
1 to the governing bodies of the participating political subdivisions for
approval. The governing bodies shall approve or reject the plan before March
1.
4. If any of the governing bodies fails to approve the apportionment plan,
the plan or any disputed element thereof must be submitted to an arbitration
panel for resolution. The governing body of each participating political subdi
vision shall name one arbitrator to the panel, who must reside within this
state. If this results in an even number of arbitrators, the arbitrators so named
shall, by majority vote, select an additional arbitrator, who must reside within
this state and who shall serve as chairman of the panel. The department shall
provide such advice and technical and clerical assistanc;e as is requested by
the panel. The panel must make its decision and submit it to the participating
political subdivisions before April 1. When submitted, the decision is final
and binding upon the participating political subdivisions. Except as otherwise
provided in this section, the provisions of the Uniform Arbitration Act con
tained in NRS 38.015 to 38.205, inclusive, apply.
(Added to NRS by 1973, 917; A 1975, 1283, 1682; 1977, 365; 1979, 532;
1981, 638; 1987, 1492)
280.201 Plan for apportionment of expense: Exclusions; formula for
apportionment; statistics and records.
1. The funding apportionment plan must exclude the cost of:
(a) Operating and maintaining a county or a branch county jail;
(b) A rural program of resident officers, where applicable; and
(c) Any program of contract services which is totally funded by the con
tracting agency or entity.
The costs described in paragraphs (a) and (b) are a proper charge against the
county. The capital costs of building a county or a branch county jail are the
responsibility of the board of county commissioners.
2. If a department operates a program for school crossing guards, each
participating political subdivision must pay the cost of operating the positions
located within its jurisdiction.
3. The funding apportionment plan must apportion the anticipated costs of
operating and maintaining the department, and capital costs, after deducting
all anticipated revenue internally generated by the department, among the
(1991)
7706
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METROPOLITAN POLICE DEPARTMENTS
280.201
participating political subdivisions according to the formula developed by the
department pursuant to this section.
4. In developing the formula, the department must divide its budget into
the following functional areas:
(a) Activities which are the responsibility of any one of the participating
political subdivisions.
(b) Contract services which are performed solely for another agency or
entity.
(c) Administrative or supporting activities.
( d) The remaining activities, services or programs are to be allocated to
those functional areas which are to be jointly funded by the participating
political subdivision.
Contract services which are performed solely for another agency or entity
must each be identified as a separate functional area.
5. The department must identify the bureaus, sections, divisions and
groups that are assigned to each functional area. Each functional area must be
a separate accounting unit within the budget of the department for the purpose
of apportioning the cost among the participating political subdivisions.
6. The costs of the activities of administration or support must be allo
cated to the other functional area to which they apply in the ratio that the cost
of each functional area bears to the combined costs of the other functional
areas.
7. The costs of each functional area which is to be jointly funded, includ
ing the administrative and support costs allocated in accordance with subsec
tion 6, must be apportioned among the participating political subdivisions as
follows:
(a) The cost of uniformed functions in the field must be apportioned on a
percentage basis according to the comparative cumulative, unweighted per
centage relationship among the participating political subdivisions of the
permanent population of the participating political subdivisions, as deter
mined annually by the governor, the total number of calls for service which
were dispatched by the department in each participating political subdivision,
excluding:
(1) Calls for service with respect to felony crimes;
(2) Calls for service originating in those areas which were served by a
rural program of resident officers; and
(3) Calls for service originating from a program of contract services
which is totally funded by the contracting agency or entity,
and the total number of felonies which were reported in each participating
political subdivision, excluding reports of felonies originating from a rural
program of resident officers or a program of contract services. The number of
calls for service and the number of felonies reported must have been made
during the 12 months preceding January 1 of the current fiscal year.
(b) The cost of the investigative function must be apportioned on a per
centage basis according to the comparative cumulative, unweighted percent-
(1991 )
7707
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280.220 METROPOLITAN POLICE DEPARTMENTS
age relationship among the participating political subdivisions of the total
nurpber of felonies which were reported in each participating political subdi- • .
vision during the 12 months preceding January 1 of the current fiscal year.
8. For the purpose of subsection 7, the population attributable to a county
does not include the population of the cities within that county or the popula
tion of those areas within that county which are served by a rural program of
resident officers.
9. The department shall maintain all of the statistics necessary to effectu
ate the funding apportionment plan and shall maintain accurate records in
support of the determination required in order to comply with this section.
10. If, in the initial year of the merger, the statistics necessary to deter
mine the funding apportionment plan for the remainder of that year are
incomplete, the department shall prepare a funding apportionment plan for
the remainder of that year based upon the most accurate statistics available,
and apply it as closely as possible in the manner prescribed in this section.
The fact that a budget, a funding apportionment plan and a rural program of
resident officers are not prepared and submitted when due does not invalidate
any of them.
{Added to NRS by 1977, 363; A 1979, 1002; 1981, 638; 1987, 1493)
280.220 Departmental funds and accounts: Creation; source; use.
Upon merger, the county auditor or county comptroller of a county which has
a department shall:
1. Create in the county treasury one or more funds and accounts within
those funds, pursuant to the provisions of NRS 354.470 to 354.626, inclu
sive, as the department may request, for the exclusive use of the department.
2. Receive all money from the county, participating cities and any other
source on behalf of the department and deposit the money in the appropriate
department fund.
3. Receive all money collected by the department for any purpose, except
criminal and civil fines, and deposit the money in the appropriate department
fund. •
4. Issue warrants against a department fund in the manner provided in this
chapter.
5. Credit any interest earned on money held in a department fund to any
such fund designated by the department.
6. Retain in each department fund any balances remaining at the end of
each fiscal year.
(Added to NRS by 1973, 918; A 1977, 366; 1981, 640)
280.230 Examination and audit of accounts. The committee may
examine and audit the accounts of all officers responsible for the care, man
agement, collection or disbursement of any money belonging to the depart
ment or appropriated by law or otherwise, for its use and benefit.
(Added to NRS by 1973, 918; A 1981, 641)
(1991)
7708
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METROPOLITAN POLICE DEPARTMENTS 280.262
280.240 Allowance of accounts. The committee shall examine, settle
and allow all accounts legally chargeable against the department.
(Added to NRS by 1973, 918; A 1981, 641)
280.250 Approval and payment of claims.
1. Every demand against a department, except a demand for the sheriff's
salary, a contested claim or demand or a demand required by the committee
to be submitted to it, after the demand is approved and signed by the sheriff or
his designee, must be listed on a cumulative voucher sheet and audited by the
county auditor or comptroller.
2. The county auditor or comptroller shall satisfy himself whether the
money demanded is legally due and remains unpaid, and whether its payment
from the treasury is authorized by law, and out of what fund.
3. The county auditor or comptroller and the county treasurer must sign
the cumulative voucher sheets and the warrants. The county treasurer shall
send a signed copy of the cumulative voucher sheets to the committee.
4. A majority of the members of the committee must approve a contested
claim or a demand required to be submitted to the committee before such a
demand is paid from the department's fund. A contested demand must be paid
as provided in NRS 280.260.
(Added to NRS by 1973, 918; A 1981, 215, 641; 1989, 990)
280.260 Issuance of warrants.
1. If the county auditor or comptroller refuses to allow the payment of any
demand, the demand must be presented to the committee with the refusal of
the county auditor or comptroller endorsed thereupon and his reasons for the
refusal.
2. If the committee, by a unanimous vote of all its members orders the
issuance of a warrant in such a case, the county auditor or comptroller shall
immediately issue the warrant upon service upon him of a copy of the
committee's order on which the secretary of the committee has certified that
all its members voted for its passage; otherwise, the demand must be declared
rejected, and no warrant may thereupon issue.
3. If the county auditor or comptroller allows such a demand in part, a
warrant may be issued only for that part unless the committee allows a greater
sum by a unanimous vote of its members.
4. No warrant may be drawn by the county auditor or comptroller on a
department's fund, unless there is sufficient money· in the fund to pay the
warrant. Any warrant drawn contrary to the provisions of this subsection is
void.
(Added to NRS by 1973, 919; A 1981, 215, 641)
280.262 Creation of taxing district. In each county in which a metropol
itan police department is established, there is hereby created a taxing district
consisting of:
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280.264 METROPOLITAN POLICE DEPARTMENTS
1. The area within the boundaries of each incorporated city which partici-
pates in the department; and
2. The area of the county outside the boundaries of any incorporated city. •
(Added to NRS by 1991, 1061)
280.264 Issuance of general obligations to finance capital improve
ments; levy of tax on property within taxing district.
1. The committee may, with the consent of the governing body of the
county and each participating city, borrow money from time to time as
general obligations to construct buildings or improve property used by the
department, except a county or city jail or detention facility. For this purpose,
the committee is a "governing body" within the meaning of NRS 350.524.
2. If general obligations are issued pursuant to this section, the committee .
shall determine the amount required in each fiscal year to pay the interest and
required installments of principal, and report this amount to 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 taxing district.
3. For the purposes of any debt limitation of a county or city, obligations
issued pursuant to this section shall be deemed to be the respective general
obligations of the county and each of the cities in the same proportion as the
percentage of the department's expenses paid by the county and each of the
cities pursuant to the formula in effect at the time the obligations are issued.
(Added to NRS by 1991, 1061)
280.270 Payment of premiums for industrial insurance. The county
auditor or comptroller of a county in which a department is located shall
comply with the provisions of NRS 616.405 on behalf of the department.
(Added to NRS by 1973, 919)
ADMINISTRATION AND POWERS
280.280 Transfer of powers and duties to department; contracts;
suits; insurance.
1. Upon the formation of a department, every power and duty conferred
or imposed by law upon a county sheriff which relates to law enforcement,
and upon a chief of police or police department of any participating city,
devolves automatically upon the department. After the formation of a depart
ment, contracts to furnish police services must be made with the department
and not with a participating political subdivision.
2. The department may, upon the approval of the committee and in com
pliance with chapter 332 of NRS, enter into contracts to purchase goods and
services necessary to operate and maintain the department.
3. The department may sue or be sued in its own name with respect to any
contract it is permitted by law to enter.
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METROPOLITAN POLICE DEPARTMENTS 280.290
4. The department is responsible for the defense of any claim and for any
judgment arising out of any act or omission to act on the part of the commit
tee, the sheriff, or any officer, employee or agent of the department, for
which a political subdivision of the state may be held responsible pursuant to
NRS 41.0305 to 41.039, inclusive. The department may sue or be sued with
regard to these matters.
5. The department may:
(a) Insure itself against any liability arising under subsection 4.
(b) Insure the members of the committee, the sheriff, and any of its
officers, employees and agents against tort liability resulting from an act or an
omission to act in the scope of his duties or employment.
( c) Insure against the expense of defending a claim against itself, the
committee, the sheriff or any of its officers, employees or agents whether or
not liability exists on the claim.
(Added to NRS by 1973, 919; A 1977, 366; 1981, 642; 1987, 96)
280.284 Contract for operation or maintenance of jail. A department
may enter into a contract with a county or any participating city for the
operation or maintenance, or both, by the department with its own employees
of a jail established by the other contracting party.
(Added to NRS by 1983, 731)
280.290 Officers; retention of rank.
1. The chief law enforcement officer, and except as limited 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 shall continue to perform all of his
duties and retain all of his powers as sheriff of the county.
2. Upon merger, the chief of police of the largest participating city is
second in command of the department and must be designated as undersheriff
of the department.
'
3. Upon merger, the chiefs of police of other participating cities, the
assistant chiefs of police of other participating cities, the chief deputies or
deputy chiefs, or both, and the undersheriff of the county are entitled to
obtain employment with the department in positions which their leadership
abilities warrant.
4. Upon merger, all persons designated in subsections 2 and 3 are entitled
to retain an equivalent rank in the department at least until the expiration of
the current term of office of the sheriff, except that they may be removed for
cause. Upon merger, or at any time thereafter, the persons selected to fill any
of the positions listed in subsections 2 and 3 or the position of assistant sheriff
or commander must be selected from the highest civil seivice rank in the
department and are entitled to return to that rank if removed from one of
(1991 )
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280.300 METROPOLITAN POLICE DEPARTMENTS
those positions. No appointments may be made to those positions of persons
from outside the department.
(Added to NRS by 1973, 919; A 1983, 754)
-ANNOTATIONS-
Nevada Cases.
Provision for return of appointees to civil
service if removed from appointive posi
tions indicates absence of limit on sheriff's
power of appointment. NRS 280.290, which
provides for appointments to certain ranks in
metropolitan police department, upon its for
mation by merger of county sheriff's depart
ment with police departments of participating
cities, from "highest civil service rank in the
department," did not preclude later sheriff as
head of department from appointing to those
positions without regard to rank in civil ser
vice, because provision for return of appoin
tees to civil service if removed from
appointive positions indicates absence of limit
on sheritrs power of appointment, and former
NRS 280.360 (cf. NRS 280.015) indicates
legislature's concern with smooth transition
upon merger. Acklin v. McCarthy, 96 Nev.
520, 612 P.2d 219 (1980)
280.300 Transfer of employees of participating political subdivisions;
retention of rank, grade and benefits; duties.
1. Employees of the respective law enforcement agencies of the participat
ing political subdivisions, who are so employed at the time of merger, may
obtain employment with the department and shall hold positions of rank and
grade comparable to their positions prior to merger. -
2. Such employees, sworn or civilian, are entitled to suffer no loss in pay,
pension, fringe benefits or other job benefits by reason of a merger.
3. Sick leave, longevity and vacation time accrued to such employees in
the service of their respective law enforcement agencies shall be credited to
them as employees of the department. All rights and accruals of such employ
ees as members of the public employees' retirement system pursuant to the
Public Employees' Retirement Act shall remain in force and shall be automat
ically transferred from the respective law enforcement agencies to the
department.
4. The duties and responsibilities of such employees shall not be dimin
ished by reason of the merger, but their area and division of assignment may
be changed at the discretion of the sheriff of the department or his designated
administrative representative.
5. Upon merger, the most liberal employee benefits which have been
negotiated by the respective employee organizations of the law enforcement
agencies of the participating political subdivisions shall be the benefits appli
cable to the employees of the department.
(Added to NRS by 1973, 920)
280.305 Pension or insurance for disability.
1. The committee may establish, by contract or otherwise, and administer
a disability pension plan or disability insurance program for the benefit of any
police officer of the department who is disabled, to any degree , by an injury
arising out of and in the course of his employment. The cost of the plan or
( 1991)
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METROPOLITAN POLICE DEPARTMENTS 280.310
program may be charged, in whole or in part, against the annual operating
budget for the department.
2. The committee may adopt rules, policies and procedures necessary to
establish and administer the plan or program specified in subsection 1.
3. If the committee elects to consider implementation of a plan or program
specified in subsection 1, or to change the benefits provided by an existing
plan or program, the persons affected by the proposed plan or program, or
proposed change, may negotiate with:
(a) The committee or two or more persons designated by it; and
(b) The sheriff or a person designated by him,
concerning the nature and extent of the plan, program or change. Chapter 288
of NRS applies to negotiations for this purpose.
4. The plan or program authorized by this section must be supplemental
or in addition to and not in conflict with the coverage, compensation, benefits
or procedure established by or adopted pursuant to chapter 616 of NRS.
5. The benefits provided for in this section are supplemental to other
benefits an employee is entitled to receive on account of the 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 public money,
exceed the maximum amount of benefits an employee is entitled to receive if
he has been a member of the department or agency for 10 years or more.
(Added to NRS by 1975, 1299; A 1981, 642)
280.310 Civil service system: Civil service board; regulations; person
nel officer.
1. Each department shall have a system of civil service, applicable to and
governing all employees of the department except elected officers and such
other positions as designated by the committee.
2. The system of civil service must be governed by a board composed of
five civil service trustees appointed by the committee. Upon creation of the
board, the committee shall appoint one trustee for a term of 2 years, two
trustees for terms of 3 years and two trustees for terms of 4 years. Thereafter
all trustees serve for terms of 4 years.
3. The members of the board may administer any oath or affirmation
necessary in discharging its duties. The board may issue subpenas in the
discharge of its duties in the same manner as a subpena is issued in a civil
action.
4. The board shall prepare regulations governing the system of civil ser-
vice to be adopted by the committee. The regulations must provide for:
(a) Examination of potential employees;
(b) Recruitment and placement procedures;
( c) Classification of positions;
( d) Procedures for promotion, disciplinary actions and removal of employ
ees; and
(e) Such other matters as the board may consider necessary.
(199 1)
7713
280.320 METROPOLITAN POLICE DEPARTMENTS
5. Copies of the regulations of the system of civil service must be distrib
uted to all employees of the department.
6. The sheriff shall designate a personnel officer to administer the person-
•
nel functions of the department according to the policies and regulations of
the board, including but not limited to the items enumerated in subsection 4.
(Added to NRS by 1973, 920; A 1977, 366; 1979, 1125; 1981, 643)
280.320 Applicability of Local Government Employee-Management
Relations Act and Public Employees' Retirement Act; representation in
negotfotions.
1. A department is a local government employer for the purpose of the
Local Government Employee-Management Relations Act and a public
employer 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 by it; and
(b) The sheriff or a person designated by him,
shall represent the department.
(Added to NRS by 1973, 921; A 1981, 644)
PROPERTY
280.330 Department to succeed to rights of participating political sub
divisions; pending claims and actions unaffected.
1. All bonds, contracts, franchises and agreements to which the participat
ing political subdivisions are parties and which relate to law enforcement
activity shall inure to the benefit of the department as the successor and
assignee of such political subdivisions in matters relating to such activity.
2. No valid claims against the various participating political subdivision
arising from law enforcement activity shall be diminished or altered by
reason of a merger under this chapter.
3. Merger of the respective law enforcement agencies shall not affect any
•
pending action or proceeding which involves any debt, demand, liability or
obligation or which has been brought by or against any participating political
subdivision prior to the merger, irrespective of the nature of such matter in
litigation.
•
(Added to NRS by 1973, 921)
280.340 Personal property.
1. Upon merger, the title to and possession of all personal property which
is:
(a) Owned or held by, or in trust for, any of the participating political
subdivisions, or by their officers or agencies in trust for public use; and
(b) Exclusively devoted at the time of merger to the purposes of law
enforcement,
(199 1)
7714
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METROPOLITAN POLICE DEPARTMENTS 280.350
shall be vested in and transferred to the department.
2. Property which is required to be transferred under the provisions of this
section must be inventoried and appraised before the transfer in a manner
which satisfies the accounting requirements of each participating political
subdivision , in order that values may be determined as of the date of transfer.
3. The department shall hold title to all personal property 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 of the governing
body of each participating political subdivision, issue negotiable notes in the
amount of the purchase price thereof, which:
(a) Mature -not later than 5 years from the date of issuance; and
(b) Bear interest at a rate not to exceed 12 percent per annum.
5. Each participating political subdivision shall provide in its annual
budget for the payment of the principal and interest on the negotiable notes
according to the funding apportionment plan established pursuant to NRS
280.201 for the fiscal year in which the negotiable notes were issued.
6. If a participating political subdivision gives notice of its intention to
withdraw from the department, any personal property held by, for the use and
benefit of or in trust for the department must be immediately inventoried and
appraised. The withdrawing political subdivision is entitled to receive its
share of the value of the personal property, in cash or in kind, or both, or in
such other manner as determined by the committee, based upon the average
of:
(a) The proportion that its total contribution of personal property to the
department bears to the total contributions of personal property of all partici
pating political subdivisions since the time of merger; and
(b) The proportion that its total budgetary contribution to the department
bears to the total budgetary contributions of all participating political subdivi
sions since the time of merger.
7. Upon withdrawal from the department, a political subdivision becomes
obligated for the payment of its share of the unpaid balance of any negotiable
note issued by the department pursuant to subsection 4, determined in accor
dance with the funding apportionment plan established pursuant to NRS
280.201 for the fiscal year in which the negotiable note was issued. The
department, or if there are only two participating political subdivisions before
the effective date of the withdrawal the other political subdivision, becomes
obligated for the payment of the remainder of the unpaid balance.
(Added to NRS by 1973, 921; A 1981 , 644)
280.350 Real property.
1. Upon merger, the department may possess all real property owned or
held by any of the participating political subdivisions for the purposes of law
enforcement at the time of adoption of the ordinance providing for the
merger.
( 1991)
7715

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