Douglas County District Attorney
    County Codes Print...     Link To This Page    
Title 1 General Provisions
Title 2 Administration and Personnel
2.02 County Personnel Regulations
2.03 Judicial Services Department
2.04 Board of County Commissioners
2.05 Whistle Blower Protection
2.06 Planning Commission
2.08 Employee Travel Expenses
2.16 Department of Community Development
2.20 Division of Social Services
2.22 Public Guardian's Office
2.24 Local Emergency Management Agency
2.26 China Spring Youth Camp
2.28 Genoa Historic District Commission
2.32 Regional Street and Highway Commission
2.36 Wage Claims
2.44 County Driving Policy
2.50 Douglas County Law Library
2.52 Cave Rock Water Advisory Board
2.54 Skyland Water Advisory Board
2.56 Water Conveyance Advisory Committee
2.58 Douglas County Airport Advisory Committee
2.60 Appraisers of County Property
Title 3 Revenue and Finance
Title 5 Business Licenses and Regulations
Title 6 Animals
Title 8 Health and Safety
Title 9 Criminal Code
Title 10 Vehicles and Traffic
Title 12 Streets and Other Public Places
Title 13 Parks
Title 14 Airports
Title 18 Town Annexation and Service Districts
Title 19 Initiative Ordinances
Title 20 Consolidated Development Code
Effective Date
Table of Ordinances
Index



Collapse/expand the left pane
County Codes
Title 2 Administration and Personnel
2.02 County Personnel Regulations
2.02.010 Purpose
2.02.020 Administration
2.02.030 Definitions
2.02.040 Classification plan
2.02.060 Selection and appointment
2.02.070 Service
2.02.080 Attendance and leave
2.02.090 Disciplinary action
2.02.100 Hearings
2.02.105 East Fork Fire and Paramedic Districts discipline and appeals
2.02.110 Miscellaneous provisions
2.02.120 Prohibition of discrimination
2.02.130 Confidential records

2.02.010 Purpose
The intent of this chapter is: 
    A.
To provide for more effective county administration through the use of standardized personnel policies and procedures applicable to all county personnel; 
    B.
To provide a standardized system of position classification and compensation based on the complexity and the responsibility of the principal tasks assigned to each position in county service; and 
    C. To provide equal employment opportunities to all applicants and employees without discrimination due to race, color, religion, age, sex, disability, national origin, marital status, sexual orientation, or the presence of any sensory, mental, or physical disability unless the disability prevents the performance of the essential duties required of the position and cannot be accomplished without undue hardship. (Ord. 907, 2000; Ord. 457, 1986)
Top

2.02.020 Administration
    A. The board of county commissioners shall from time to time promulgate appropriate rules, regulations, policies, or amendments to this chapter to promote the fair and effective administration of personnel in the county service. 
    B. The county manager shall appoint a human resources manager, who will be responsible for the interpretation and administration of this chapter and amplifying rules, regulations and policies. 
    C. The provisions of this chapter establish policies, procedures and standards to achieve the stated purpose, and apply to all employees of the county under the direct and indirect jurisdiction of the board of county commissioners except as otherwise provided in chapter 2.03. Employees of the district court, juvenile probation, juvenile detention, and China Spring youth camp are employees of the judicial branch and are subject to the personnel regulations and policies established by the district court. 
    D. These rules supersede policies, procedures and standards of all county agencies and departments with respect to classified personnel except as otherwise provided in chapter 2.03. (Ord. 907, 2000; Ord. 559, 1992; Ord. 457, 1986)
Top

2.02.030 Definitions
The words and phrases used in this chapter will have the following meanings:
    A. "Anniversary date": The date from which eligibility for consideration for merit increases are calculated.
    B. "Appointing authority": The department head or elected official with legal authority to appoint or dismiss employees in that department.
    C. "Bargaining unit": An employees’ association organized under NRS chapter 288.
    D. "Class": Positions in one occupation or profession which have approximately the same duties and responsibilities and share the same job title. The education, experience, knowledge, skills and abilities needed to fulfill the position are the same, and the same tests may be used to qualify.
    E. "Class series": Includes all classes at all levels of difficulty and responsibility in the same occupation.
    F. "County": Unless the context otherwise requires, includes the term Town.
    G. "Classification plan": Consists of all the classifications established within the county and their salaries. 
    H. "Classification study": Investigation of a position to determine its proper class.
    I. "Classified positions": All positions regulated by the county personnel ordinance. Each will be assigned a range in the classification plan and will be defined by a job description.  Specific classifications excluded from this definition are identified in subsection 2.02.030(NN) (Unclassified positions).
    J. "Compensation schedule": A listing of the pay grade ranges and assigned classifications.
    K. "Days": Unless otherwise specified, consecutive calendar days.
    L. "Demotion": Movement of an employee to a position in a lower pay range than the employee's currently assigned classification, for disciplinary or voluntary reasons.
    M. "Department": A unit of the county government under an elected official or department head, other than the county commission, and any unit of the county government created by action of the board of county commissioners by ordinance or otherwise.
    N. "Department head": Those individuals serving as the head of a county department or district reporting directly to the county manager, county commission or a board appointed by the commission.
    O. "EAP": Employee assistance program.
    P. "Effective date": Date of specific action.
    Q. "Emergency appointment": Under extraordinary circumstances, including but not limited to loss of life, incapacitating illness, or termination, an appointing authority may make an appointment without regard to the rules on certification or appointment.
    R. "Exempt": An employee who is not eligible for overtime.
    S. "Grade": Equivalent to range.  A grade designates the pay scale from minimum to maximum compensation.
    T. "Grant-funded position": A position which is authorized dependent upon the department generating the revenue to fund the position, usually from some outside grant.
    U. "Hours worked": Those hours during which the employee is actually at work, on annual leave, holiday leave, or compensatory time off.
    V. "Manager": Those individuals serving in positions responsible for a division or a specific functional unit within a county department.
    W. "Merit salary increase": A pay increase given an employee for meeting or exceeding the job performance standards of the position to which she or he is assigned. 
    X. "Nonexempt": An employee who is eligible to receive overtime compensation in accordance with the Fair Labor Standards Act.
    Y. "Part-time employee": One who works less than forty hours per week.
    Z. "Position job description": A written description of the tasks and responsibilities of a position, education, and experience required and skills and abilities necessary to perform a job.
    AA. "Probation": A period after an employee's initial appointment or promotion in which the appointing authority evaluates his suitability for the position.
    BB. "Promotion": Appointment of an employee to a position with a higher compensation range than the range the employee is currently in.
    CC. "Range":  A defined pay scale with a minimum, midpoint, and maximum specified rate of compensation.
    DD. "Reclassification": A reallocation of a position within the compensation plan based upon significant changes in kind, difficulty or responsibility of the work performed. 
    EE. "Regular employee": An employee who has been retained in the position at the completion of the probationary period.
    FF. "Reinstatement": The assignment of an employee to the same or related position he or she was assigned before separation from county service.
    GG. "Resignation": The choice of an employee to end employment with the county.
    HH. "Salary range": Equivalent to range.
    II. "Seasonal appointment": An employee's periodic appointment related to the seasons. Any person who accepts a seasonal appointment is not, unless otherwise specified, subject to the county personnel ordinance. Any person who accepts a seasonal appointment serves at the will of the appointing authority and may be removed at will by the appointing authority without notice, cause or hearing.  Any seasonal appointments in excess of six months or 1,040 hours in a calendar year required written approval of the county manager and written notification to the human resources manager.
    JJ. "Supervisor": An administrative officer or employee in charge of any other employee, unit or operation.
    KK. "Temporary employee": A person hired for a period not to exceed six months or 1,040 hours of employment.
    LL. "Termination": The conclusion of an employee's employment with the county.
    MM. "Transfer": Movement of an employee from one position to another position in the same salary range.
    NN. "Unclassified position": A position in the county service which, unless otherwise specified, is not provided the protection as outlined in section 2.02.100 of this document.
         1. The following positions are unclassified:
            a. All appointed department heads;
            b. All attorneys;
            c. County manager;
            d. Library director; and
            e. Fire chief.
        2. All positions under the jurisdiction of the district court judges, including juvenile probation, juvenile detention and China Spring Youth Camp are governed by the Court Personnel Regulations.
        3. All other county classifications not identified in subsections NN (1) and (2) are classified employees, and governed by the county personnel ordinance.
        4. Any individual appointed to an unclassified position serves at the will of the appointing authority and may be removed at will by the appointing authority without notice, cause or hearing.
        5. A change in designation from classified to unclassified and vice versa may be made by the board of county commissioners upon recommendation from the county manager and amendment to the ordinance. Any change shall not affect the status of the incumbent to that position without the incumbent’s agreement for a period of twelve months after the change.   (Ord. 1200, 2007; Ord. 1085, 2004; Ord. 907, 2000; Ord. 818, 1998; Ord. 728 §1, 1995; Ord. 559, 1992; Ord. 470, 1987; Ord. 457, 1986)
Top

2.02.040 Classification plan
    A. Establishment of compensation and classification plan. 
        
1. The County will utilize one standard compensation structure for all County employees which will be maintained to meet all criteria associated with the concepts of internal and external equity.  The pay structure will be monitored to ensure the maintenance of a fair and equitable pay system that will assist the County in recruiting and retaining a highly competent work force.  The human resources department will prepare, maintain and revise, as necessary, the compensation and classification plans and policies for all positions. The compensation and classification plan and policies, and any changes to the plan and policies, shall be subject to approval by the Board of County Commissioners.  The County Manager may authorize a salary increase in extraordinary circumstances. 
    B.
Classification and reclassifications. 
        
1. The human resource department must examine the nature of all positions, develop and recommend policies to the Board, make changes in the compensation and classification plan as necessary due to changes in the duties and responsibilities of existing positions, and to periodically review the entire compensation and classification plan, and recommend appropriate changes.  The revision of job descriptions and reallocation within the compensation and classification plan must be made as often as is necessary to provide current information on positions in accordance with the reclassification procedure policy. 
    
C. Where authorized by law, the services of independent contractors may be utilized.  Independent contractors are not County employees, and the performance of all work is subject to and controlled by the terms of each contract.  An independent contractor is hired on the conditions that there shall be no:
1. Withholding of income taxes by the County;
2. Industrial insurance coverage provided by the County;
3. Participation in group insurance plans which may be available to employees of the County;
4. Participation or contributions by either the independent contractor or the County to the public employees’ retirement system;
5. Accumulation of vacation leave or sick leave;
6. Unemployment compensation coverage provided by the County if the requirements of NRS 612.085 for independent contractors are met.

    D. Merit salary increases. 
        1. A regular employee, not covered under a bargaining unit labor agreement or Court Personnel Regulations, that has not reached the maximum pay rate within the salary range, receiving an annual performance rating which meets or exceeds the job performance standards, may be eligible for a merit pay increase for the respective fiscal year, as established by a resolution approved by the Board of County Commissioners.  A merit increase for an employee who is on a leave of absence of six months or more during an annual performance period shall be prorated to reflect the time actually worked during the leave of absence.  Eligibility for a merit pay increase does not constitute a right to such increase.  All pay increases are at the discretion of the Board. 
    E.
Bonuses. 
    
A department head or elected official may nominate a regular part-time or full time employee not covered under a bargaining unit agreement for a one-time lump sum bonus or paid administrative leave to reward and recognize superior performance in accordance with the County’s recognition of excellence policy.   
F. Holiday pay.
1. Legal holidays are defined as being those days provided for in NRS 236.015.
2. An employee, not covered under a bargaining unit labor agreement or Court Personnel Regulations, is eligible to receive holiday pay, regardless of how many hours that the employee works or is scheduled to work in a week; except if the employee’s status is part-time for (19 hours or less a week), temporary, seasonal, or on call.  Part-time employees (20-29 hours per week) will receive pay for the holiday at a rate pro-rated to their per week hours.
a. Any eligible non-exempt employees will be paid at their normal rate of pay for any designated holiday which falls on their normal workday when the employee does not work on such holiday.  Hours paid as holiday pay will be considered time worked for overtime calculation purposes.
b. Any eligible non-exempt employee required to work on a designated holiday and the holiday falls on the employee’s regular scheduled day off will receive holiday pay plus overtime for any hours actually worked on the holiday.
c. Any eligible non-exempt employee required to work on a designated holiday and the holiday falls on the employee’s regularly scheduled day to work will receive holiday pay plus overtime for any hours worked on the holiday and may be treated as compensation by PERS, consistent with NRS Chapter 286.
d. Exempt employees will receive their normal rate of pay for 8 hours regardless of hours worked or not worked on the holiday.   (Ord. 1489, 2017; Ord. 1263, 2008; Ord. 1200, 2007; Ord. 1085, 2004; Ord. 907, 2000; Ord. 818, 1998; Ord. 739, §1, 1996; Ord. 728, §3, 1995; Ord. 559, 1992; Ord. 457, 1986)
Top

2.02.060 Selection and appointment
    A. Selection. 
        1. 
When a department head or appointing authority determines the need to fill an existing position, the person will notify the human resources manager in writing. 
        2. 
The human resources manager in conjunction with the appointing authority will provide notice of the vacancy. 
        3. 
The appointing authority and the human resources manager will jointly determine selection methods.
    B.
Grant-funded positions. 
        1.
All employees appointed to county services under a grant or other time-limited or funding-limited source shall serve a probationary period of 12 months. 
        2.  An eligible grant-funded position will receive the same benefits as a regular employee. 
        3.  The term of a grant-funded position depends upon the appointing department generating or receiving sufficient revenue to fund the position and having a sufficient work load to require the appointment. If, at the sole discretion of the county, sufficient funds are not available, or the work load for the appointing department does not justify the continuation of the appointment, the appointment shall be terminated and the position ceases to exist. 
        4. 
All employees that are in positions funded in part or wholly by federal funds are prohibited from being candidates for public office in partisan elections.
    C.
Emergency and temporary appointments. 
        1. 
An appointing authority may make emergency appointments when it is necessary to prevent termination of public business, loss of life, significant decrease of the department’s ability to effectively provide service to the public, or extensive damage to persons or property for a period not to exceed the duration of an officially declared emergency or for not more than sixty working days in any twelve-month period. Emergency and temporary appointments may be made by an appointing authority without regard to the rules on certification or appointment for up to six months at a time. The county manager’s written approval is required if the emergency or temporary appointment would have any fiscal impact. Written notice of the appointment shall be filed with the human resources manager prior to the individual’s date of employment. 
        2. 
Emergency or temporary hires must follow Douglas County Administrative Polices and Procedures number 200.32. 
        3. 
During a FEMA declared emergency, emergency or temporary hire length of employment may be extended for up to one year if funding is available and approved by the board of county commissioners. 
        4. 
Time served under emergency appointments may not be considered as part of a probationary period nor credited for purposes of annual leave, sick leave, or merit salary increases. 
    D.
Fingerprinting of all appointments. 
        1. 
Douglas County Sheriff shall take the thumbprint and fingerprints of all new employees or appointments appointed to sensitive positions as determined by Human Resources and the District Attorney prior to their performing work for Douglas County. This requirement pertains to appointees doing any work for Douglas County including, but not limited to, volunteer work, work under grant-funded positions, emergency or temporary appointments, and internships. 
        2. 
East Fork Fire and Paramedic District shall take the thumbprint and fingerprints of all new employees or appointments appointed to any sensitive position within East Fork Fire and Paramedic District as determined by Human Resources and the Fire Chief prior to their performing work. This requirement pertains to appointees doing any work for Douglas County including, but not limited to, volunteer work, work under grant-funded positions, emergency or temporary appointments, and internships. 
        3. 
The Douglas County Sheriff or the East Fork Fire and Paramedic District shall send a copy of those thumbprints and fingerprints to the appropriate criminal history repository, and to the Federal Bureau of Investigations, pursuant to NRS 239B.010, for a national background check. 
        4. 
The Douglas County Sheriff or the East Fork Fire and Paramedic District shall provide all information received during the national background check to the Human Resources Manager. (Ord. 1273, 2009; Ord. 1200, 2007; Ord. 1085, 2004; Ord. 907, 2000; Ord. 559, 1992; Ord. 490, 1987; Ord. 457, 1986)
Top

2.02.070 Service
    A.   Probationary periods. 
        1.  All employees who are initially appointed to county service must serve a probationary period of twelve months. 
            a. The appointing authority may terminate, without cause, any employee initially appointed to county service, at any time during the probationary period.  
            b. An employee promoted to a classification with a higher salary schedule must serve a probationary period of 26 complete biweekly pay periods of full-time service as a probationary period, unless the appointing authority or elected official specifically reduces the probationary period to 13 complete biweekly pay periods. 
            c.
An employee reclassified to a higher level position may be required, in the discretion of the appointing authority, to serve a six-month probationary period. 
            d.
Employees who have not completed a probationary period in their current position and have been accepted for a promotion or transfer to another position within the county must successfully complete a new probationary period in the position to which they are promoted or transferred. 
            e.
Time served in an acting capacity for a position may, in the discretion of the appointing authority, be counted toward the probationary period for the position.  
        2. 
            a. It is the responsibility of the appointing authority to forward to the human resources manager prior to the expiration of probation a statement indicating either: 
                i.
Retention of the employee in regular status. 
                ii.
Discharge of the employee.
        3. 
Failure of the appointing authority to send the notice prior to the last day of the probationary period will result in the employee attaining regular status automatically.
    B. Continuous service.
    The following must not be considered as breaks in continuous service for all personnel actions: 
        1.  Authorized military leave for active service, provided that the person is reinstated within ninety calendar days following honorable discharge from military service; 
        2. 
Authorized military leave for training duties not to exceed fifteen working days in any one calendar year; 
        3. 
Authorized leave with pay deemed to be beneficial to the public service; 
        4. Authorized leave without pay for thirty working days.
    C. Performance evaluation. 
        1. 
Each appointing authority must report to the human resources manager, in writing, the efficiency of their subordinates and employees in achieving and maintaining the standards of work performance established. 
        2. 
Performance evaluations will be made according to the following timetable based on the employee's appointment date: 
            a.
For employees serving a probationary period of twelve months, performance evaluations may be required on the sixth month and will be required on the twelfth month after the day of the initial appointment. For employees serving probationary periods of other lengths, end of probation evaluations are required; 
            b.
Regular employees, annually on their anniversary date; 
            c.  Temporary employees, at the end of service or annually, if directed by the appointing authority.
        3. 
Each performance report must be discussed with the employee; the employee will be allowed to make responding written statements. 
        4.  Each employee shall receive a written copy of the report at the time of review.
    D. Transfer.
    Transfer will be accomplished in accordance with the promotion and transfer policy. 
    E. 
Resignation. 
    Any employee who desires to resign may do so by notifying the appointing authority in writing. Failure to give notice at least two weeks prior to the effective date may be cause for denying any future employment with the county. 
    F.
Layoff. 
        1. If it is necessary to reduce the county work force due to lack of funds or curtailment of operations, the appointing authority will determine the positions to be eliminated. Layoffs within a classification will be determined on the basis of seniority, performance, and the best interests of the department with all probationary employees of the department being laid off before any regular employees. 
        2. 
All regular employees due to be laid off because of lack of work or funds shall be given written notice of such layoff at least sixty calendar days prior to the effective date. 
        3. 
In lieu of being laid off an employee may elect to go to any classification within a lower range if there is a position available and the employee is qualified for the position in that lower range and if the action is deemed appropriate by the appointing authority.
        4. 
The names of regular and probationary employees laid off will be placed on the reemployment list for the class or position involved in reverse order of termination. The employee name will be maintained on the reemployment list for a period of one year. 
        5. 
Employees who are reemployed within one calendar year after they are laid off will be entitled to the reinstatement of accrued and unused sick leave remaining to their credit at the time of their layoff, only if the employee has not been compensated for any sick and vacation leave at the time of layoff. The reemployed employee will accrue sick and annual leave at the same rate as when the layoff occurred. (Ord. 1297, 2009; Ord. 1200, 2007; Ord. 1085, 2004; Ord. 907, 2000; Ord. 818, 1998; Ord. 739, §2, 1996; Ord. 728, §4, 1995; Ord. 559, 1992; Ord. 490, 1987; Ord. 457, 1986)
Top

2.02.080 Attendance and leave
    A.  Attendance. 
        1.  Each department head and elected official must insure that his department prepares and submits accurate attendance, leave and pay records, supplied by the payroll office. 
        2.  The human resources manager will establish standards and procedures for the reporting of attendance. The appointing authority must establish procedures and standards for the granting and scheduling of leaves pursuant to the provisions of this chapter. 
        3.  The employee is responsible for placing accurate and complete information on a time sheet, and the employee’s signature constitutes his certification that the information is accurate and complete. The employee’s supervisor is responsible for reviewing and certifying the accuracy and completeness of an employee’s time sheet. The signature of the employee and the employee’s supervisor certifies the accuracy and completeness of all hours worked and leave used by the employee. An employee who falsifies or places inaccurate or incomplete information on a time sheet or causes or attempts to cause another employee to falsify or place inaccurate or incomplete information on a time sheet may be subject to disciplinary action. A supervisor who is negligent in reviewing and certifying the accuracy and completeness of an employee’s time sheet may be subject to disciplinary action.
    B.  Legal holidays. 
        1.  Legal holidays are defined as being those days provided for in section 236.015 of NRS, together with discretionary holidays as may be declared from time to time by the governor pursuant to section 223.130 of NRS. Employees regularly scheduled on a twenty-four hour schedule will receive 2 lump sum allowances of 66 hours of straight time wages on the first pay periods in January and July in lieu of working holidays. 
       2.  If a holiday falls during an employee's leave, holiday time will not be charged as leave.
    C. Annual leave. Annual leave will be administered in accordance with county policy for employees who are not part of a bargaining unit. All annual leave will be taken at a time mutually agreeable to the employee and supervisor within the guidelines of the most recent applicable county policy. 
    D. Sick leave. Sick leave will be administered in accordance with county policy for employees who are not part of a bargaining unit. 
    E. Family medical leave. Family medical leave will be administered and used in accordance with county policy for nonbargaining unit employees. 
    F. Sick leave payout. The sick leave payout policy will be administered in accordance with the county policy for nonbargaining unit employees. 
    G. Work-related accident or injury leave. The pertinent county policy shall be applied to employees who are not part of a bargaining unit and are involved in a work-related accident or are on injury leave. 
    H. Leave of absence without pay. 
        1.  An employee may be placed on leave without pay during a fact finding or investigative time period by the appointing authority, in conjunction with the human resources manager and district attorney. 
        2.  A personal leave without pay may be granted by the appointing authority in accordance with county policy. 
        3.  A leave without pay of thirty days or more may be granted for the good of the public service by the board of county commissioners. The employee will retain his status as a public employee and the pay rate, leave and benefits accrued prior to the leave.
    I. Leave of absence with pay
    Leave with pay for an appropriate period may be granted by the county manager upon written petition by an employee; or by the appointing authority under the following conditions: 
        1.When an employee serves on a jury, provided the jury fees earned on an employee's regular workdays are reimbursed to the county; 
        2.  When an employee is called to serve as a witness in court on a matter directly related to his employment with Douglas County, provided witness fees earned on an employee's regular workdays are reimbursed to the county. 
        3.  When it is impractical for a registered voter to vote before or after his normal working hours; 
        4.  When, in accordance with county policy and state law, an employee acts as a volunteer firefighter in the performance of emergency functions; 
        5.  Authorized military training duties which comply with the provisions of NRS. 
        6.  As recommended by the human resources manager and district attorney during a fact finding or investigative time period. 
        7.  Due to the closure of county offices in accordance with county policy.
    J. Unauthorized absence. 
        1.  An unauthorized absence from work shall be treated as leave without pay and may be a cause for disciplinary action up to and including termination. 
        2.  An unauthorized absence for three consecutive days shall be regarded as an automatic resignation and termination from county service.
    K.  Administrative leave. Administrative leave shall be administered in accordance with county policy for employees who are not part of a bargaining unit. (Ord. 1200, 2007; Ord. 1085, 2004; Ord. 907, 2000; Ord. 728, §6, 1995; Ord. 559, 1992; Ord. 547, 1991; Ord. 457, 1986)
Top

2.02.090 Disciplinary action
    A. Discipline. An employee may be disciplined by his appointing authority by issuance of a written reprimand, suspension, demotion, reduction in pay, or termination for any cause or causes listed in subsection B of this section.  
    B.
Actions that could result in discipline. The procedures for any disciplinary or correctional action where demotion, suspension or termination is contemplated are provided in section 2.02.100. Disciplinary or correctional action may be undertaken by the appointing authority for inappropriate, questionable or illegal behavior including but not limited to the following activities: 
        1.  Has been absent from duty without leave approved by his or her appointing authority under the provisions of this chapter or has failed to report after any leave has officially been disapproved or revoked. 
        2. 
Is or has become insubordinate, inexcusably neglectful, incompetent or inefficient in the performance of the duties and responsibilities of his position. 
        3.
Is or has been careless or negligent in the use, care or maintenance of county property.  
        4.  Has committed an act or acts that would tend to embarrass or discredit the county whether such act or acts were committed on or off duty. 
        5. 
Has used or threatened to use political influence in securing employment, promotion, leave of absence, transfer, change of grade, pay or character of work. 
        6. 
Has taken an active part in political management or in political campaigns for elective office during working hours. 
        7. 
Has been convicted of a felony, gross misdemeanor or misdemeanor involving a crime of moral turpitude during the time he or she is employed by Douglas County, Nevada, or has been driving under the influence of alcohol, an illegal drug, or other dangerous substance while performing county work or while driving a county vehicle. 
        8.  Has a habitual pattern of failure to report for duty or to report for duty on time without good and sufficient reason. 
        9. 
Has committed an unlawful act or violated any departmental rule, regulation, administrative policy, administrative procedure or department order. 
        10. 
Has induced or attempted to induce an employee to commit an unlawful act or to violate any departmental rule or order. 
        11. 
Has sought or accepted any gift, service, favor, employment, engagement, emolument or economic opportunity which would tend to improperly influence a reasonable person in his position to depart from the faithful and impartial discharge of his public duties. 
        12. 
Has misrepresented his official capacity or authority or used his position to secure or grant unwarranted privileges, preferences, exemptions or advantages for himself, any member of his household, any business entity in which he has a financial interest, or any other person. 
        13. 
Has intentionally made a false or unwarranted statement against a fellow employee. 
        14. 
Has lied or put false information on an employment application. 
        15.  Is or has been under the influence of alcohol, illegal drugs or other dangerous substances (such as prescription or nonprescription drugs that interfere with an employee’s ability to perform the job, e.g., operation of vehicles or equipment) during working hours or while on-call for duty or has detectable levels of alcohol, illegal drugs or other dangerous substances present in the employee’s body. 
        16. 
Has operated a county vehicle within six hours of having consumed an alcoholic beverage or ingested a controlled substance without prescription. 
        17. 
Has been dishonest. 
        18. 
Has had a driver's license suspended, revoked or canceled if the possession of a valid driver's license is required to perform an essential function of the job. 
        19. 
Has, in the considered judgment of the appointing authority, violated or endangered the security of a department property or records. 
        20. 
Has refused to cooperate or to provide truthful and complete information during a departmental or external investigation.
        21. 
Has possessed an unauthorized dangerous weapon on the job or on county property. 
        22.  Has injured a coworker, a member of the public, or his or her self due to deliberate or careless misconduct. 
        23.
Has used county supplies or equipment for any purpose other than to conduct official county business, outside county policy. 
        24. 
Has participated in fighting, intimidation, threats, sexual or racial harassment or similar actions which adversely affect employee relations, public relations, the employee’s work, the work of other employees, or the effective functioning of the department. 
        25. 
Has used for private gain or advantage the county’s time, facilities, equipment, money, materials or the prestige and influence of their position. 
        26. 
Has accepted or received any consideration or compensation for an act which they would be required or expected to perform as a part of their duties as a county employee. 
        27. 
Has placed false, inaccurate or incomplete information on a time sheet or has caused another employee to falsify or to place inaccurate incomplete information on a time sheet. 
        28. 
Has, as a supervisor, failed to review and certify the accuracy and completeness of an employee’s time sheet or has negligently reviewed and certified an employee’s time sheet as accurate and complete. This includes the general failure to follow county policies; general failure to supervise employees including, but not limited to, failing to complete employee performance evaluations in timely, accurately and adequate manner; and the failure to manage department operations. 
        29. Has sexually harassed a person at the workplace or while in an official work capacity through unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance, or creates an intimidating, hostile, or offensive work environment.  Has failed to immediately report conduct by anyone, whether a co-worker, supervisor or a non-employee, that may constitute sexual harassment or misconduct to the district attorney, county manager, or human resources manager, even if the conduct was stopped or punished and regardless of how the person became aware of the conduct.
        30.  Has engaged in disgraceful personal conduct which impairs the performance of a job or causes discredit to the organization.
31.  Has engaged in on-duty or off-duty online activity, including the use of social media sites, blogs or websites, which violates any provision of this section or any other County policy.
    C.  Employees terminated from employment for disciplinary reasons shall not be eligible for re-employment with the county. (Ord. 1440, 2015; Ord. 1376, 2012; Ord. 1349, 2011; Ord. 1326, 2010; Ord. 1200, 2007; Ord. 1085, 2004; Ord. 907, 2000; Ord. 781, § 1, 1997; Ord. 728, §7, 1995; Ord. 559, 1992; Ord. 457, 1986)
Top

2.02.100 Hearings
    A. Suspensions, reductions in pay, demotions and terminations for employees who are not part of a bargaining unit: In the event the appointing authority desires to institute any disciplinary or correctional action to a nonprobationary employee when a suspension of five days or more, reduction in pay, demotion or termination is contemplated, the following procedures will apply: 
    B.  Specification of charges and hearing. The department head or supervisor must prepare a written specification of charges against the employee. The written specification of charges will be provided to the human resources manager and the district attorney's office. The human resources manager and the district attorney's office must review the written document prior to its service on the employee. After review and approval of the written justification, the department head or supervisor must conduct a hearing and, if appropriate, impose any disciplinary action. 
    C. Request for hearing. In the event the employee desires to contest the disciplinary action, the employee must request a hearing in writing and submit the request to the human resources manager within five working days of receipt of the specification of charges. A hearing will automatically be scheduled and convened by the human resources manager on receipt of a request for an appeal. 
    D. Administrative leave. Any employee that a supervisor, manager, or department head proposes to terminate may be placed on administrative leave with or without pay until the department head or supervisor conducting the hearing has rendered a decision. 
    E. Hearing board composition and convening. The hearing board will be appointed by the human resources manager and must consist of one department head from a department separate from that of the employee at issue, and two other supervisors, managers or department heads. The hearing board must be convened to hear the matter within ten working days of receipt of the employee's request for a hearing.
    F. Hearing board action. The hearing board procedures will be informal. However, the board may hear testimony from the employee, the department or other individuals who may have information pertaining to the disciplinary action. Upon conclusion of the hearing, the hearing board may uphold the discipline, recommend lesser discipline or find the discipline unwarranted. All decisions of the hearing board will be in writing and must include a delineation of the charges found to be factually supported and shall indicate the appropriate discipline. The written findings of the hearing board will be forwarded to the employee, the department head, the human resources manager, and the district attorney's office. (Ord. 1200, 2007; Ord. 1085, 2004; Ord. 907, 2000; Ord. 728, §8, 1995; Ord. 559, 1992; Ord. 457, 1986)
Top

2.02.105 East Fork Fire and Paramedic Districts discipline and appeals
    A. Suspensions, reductions in pay, demotions and terminations. 
    In the event the appointing authority desires to institute any disciplinary or correctional action to a nonprobationary employee of deputy chief rank when a suspension of more than 48 hours or more, reduction in pay, demotion or termination is contemplated the following procedures apply. 
    B. Specification of charges and predisciplinary hearing. 
    The district fire chief must prepare a written specification of charges against the employee. The written specification of charges will be provided to the human resources department and the district attorney’s office. The human resources department and the district attorney’s office must review the written document prior to its service on the employee. The human resources department must deliver the specification of charges to the employee within 5 working days (based on 40 work week) of the events initiating the charges. After review of the written justification the fire chief must conduct a predisciplinary hearing and, if appropriate, may subsequently impose any discipline. The employee must receive no less than 6 hour’s notice of the predisciplinary meeting. Any employee that the chief proposes to terminate may be suspended with pay until the chief has made a disciplinary decision following the predisciplinary hearing. If a decision to terminate is made, the termination may be imposed immediately. Suspensions, reductions in pay, and demotions may be imposed after the chief has made a disciplinary decision following the predisciplinary hearing. 
    C. Appeal. 
    In the event the employee desires to contest the proposed disciplinary action, the employee must request a hearing in writing and submit the request to the human resources manager within five working days of receipt of the specification of charges. A hearing will be automatically scheduled and convened by the human resources manager for all proposed terminations. 
    D. Hearing board composition and convening. 
    The hearing board must be appointed by the human resources manager and must consist of three members; the county manager, an officer of chief officer rank from a neighboring fire or paramedic department chosen by the appellant, and a third person from a list of qualified arbitrators maintained by the State Bar of Nevada or a list of retired judges. The parties will strike names from the list until a final name remains. The hearing board must be convened to hear the matter as soon as the panel can be convened. 
    E.  Hearing board action. 
    The hearing board procedures will be informal. However, the board may hear testimony from the employee, the department or other individuals who may have information pertaining to the disciplinary action. Upon conclusion of the hearing, the hearing board may uphold the discipline, recommend greater or lesser discipline or find the discipline unwarranted. All decisions of the hearing board will be in writing, must include a delineation of the charges found to be factually supported, will be final and binding, are not appealable and must indicate the discipline to be imposed. The written findings of the hearing board must be forwarded to the employee, the fire chief, the human resources manager, and the district attorney’s office. If the hearing board imposes lesser discipline or finds the discipline unwarranted, pay and benefits lost by the appealing employee must be reinstated in accordance with the decision of the hearing board. Costs of the hearing will be split equally between the parties. 
    F. Chain of command. 
    Employees in deputy chief positions report via the districts’ chain of command directly to the district fire chief. The district fire chief is responsible for the supervision of the positions and the administration of any necessary disciplinary action. (Ord. 1326, 2010; Ord. 1200, 2007; Ord. 1085, 2004; Ord. 918, 2000)
Top

2.02.110 Miscellaneous provisions
    A. Medical examinations. 
        1.  All police, fire and paramedic staff are required to take physical examinations as required by state law. 
        2.  Employees may be required to pass a medical examination to determine their fitness for work or eligibility for leave, insurance or other benefits. 
        3.  Examinations will be at the expense of the county. 
        4.  Applicants who have been given a conditional offer of employment may be required to pass a post-offer of employment physical exam before performing work for the county. 
        5.  The examination will be prescribed by the human resources manager and must be conducted by a physician designated by the county.
    B. Outside work. 
        1.  Employees of the county may not engage in any outside work which will impede the performance of their duties or create a conflict of interest with their county position.
        2.  Employees must notify their department head in advance of any plans to engage in outside work. Notification must be written and contain full information about the planned work. No outside employment shall be allowed unless authorized in advance by the appointing authority in writing. Notification and approval documentation must be maintained in the employee’s official human resources personnel file. 
        3.  Any employee who desires to conduct his own business activities outside of his employment with the county must first advise his employer of such intent. Failure of an employee to comply with the notice requirements of this subsection or with any other requirements established by the appointing authority or the board of county commissioners may result in disciplinary action, including termination, being taken against the employee. 
        4.  If an employee's outside business activities could result in the sale of services or goods to the county or in any manner, directly or indirectly, result in the receipt of commission, personal profits or compensation of any kind from any contract or transaction in which the county is interested, the employee must immediately advise the appropriate appointing authority. Any such sale is subject to the provisions of NRS 281.230, NRS 281.505, and any other applicable state law or regulation or county ordinance or policy. The employee is solely responsible for ensuring that these provisions have been fully complied with prior to any sale. Failure of an employee to comply with the requirements of this subsection or with any other requirements established by the appointing authority or the board of county commissioners may result in disciplinary action, including termination, being taken against the employee.
    C. Supervisory employees' hiring of family members is prohibited. No person acting as a county official or as the appointing authority for the county or as appointing authority for any county board, agency or commission, may employ in any capacity on behalf of the county any relative of the individual or of any member of such board, agency or commission, within the third degree of consanguinity or affinity. Nothing contained in this section will act to prevent the employment of persons related by blood or marriage in different departments of the county, provided that the employee who is related to the candidate for employment does not have any authority or say relative to the hiring of the relative who is a candidate for employment. Unless specifically approved by the board of county commissioners, under no circumstances will department heads or supervisors oversee immediate relatives. (Ord. 1200, 2007; Ord. 907, 2000; Ord. 740, §2, 1996; Ord. 559, 1992; Ord. 457, 1986
)
Top

2.02.120 Prohibition of discrimination
The policy of the county is to ensure equal employment opportunity in accordance with county policy and based on ability and fitness regardless of race, religion, color, creed, national origin, marital status, sexual orientation, age, or the presence of any sensory, mental, or physical disability unless such disability prevents the performance of the essential duties required of the position and which are bona fide occupational qualifications that cannot be accommodated without undue hardship. (Ord. 907, 2000; Ord. 457, 1986)
Top

2.02.130 Confidential records
    A. The following types of information, which are maintained by the human resources department or a particular department, are confidential: 
        1.  Information relating to salaries paid in other than governmental employment which is furnished to the human resources department on the condition that the source remain confidential; 
        2.  Any document which is used by the human resources department or any particular department in negotiations with employees or their representatives which has not been made public by mutual agreement; 
        3.  The rating and remarks concerning an applicant for hire or promotion by the individual members of a board assessing the candidate; 
        4.  Materials used in examinations including suggested answers for oral examinations. 
        5.  Reports by employers, appointing authorities or law enforcement officials concerning the hiring, promotion or background of applicants, eligible persons or employees; 
        6.  The class title and agency of an employee whose name is excluded form the official roster, as provided in subsection 13, when an inquiry concerning the employee is received; 
        7.  Any information contained on a person's application, gathered during a background or reference check, or relating to eligibility status; and 
        8.  Information in an employee's file or record of employment which relates to his: 
            a. Performance; 
            c. Conduct, including any disciplinary actions taken against him; 
            d. Race, ethnic identity or affiliation, sex, disability or date of birth; or         
            e. Home telephone number.
        9.  If the employee has requested that his personal mailing address be listed as confidential, his file must be so designated and list his business address. 
        10.  The name of any beneficiary of an employee contained in the payroll document must not be released to anyone unless: 
            a.  The employee dies; or 
            b. The employee signs a release.
        11.  The official roster of employees in the public service maintained by the human resources department is a public record and will be open to inspection under reasonable conditions during business hours in the department's offices or the offices where the records are kept. 
        12.  Except as provided in subsection 13, the roster must contain, for each employee:   
            a. Name; 
            b. The class title of the position held; 
            c.  Salary or pay; 
            d. Any change in class title, pay or status; and 
            e. Other pertinent data as determined by the human resources manager.
        13.  For public inspection purposes, the roster may exclude the actual names of employees who are in sensitive law enforcement positions where public access to the employees' identities could jeopardize their personal safety or job performance, in which case the employee will be shown on the roster as an unidentified employee. 
    B. The official personnel record shall be maintained by the human resources manager. (Ord. 907, 2000; Ord. 782, 1997)
Top