NRS
289.040 Law enforcement agency prohibited from placing unfavorable
comment or document in administrative file of peace officer; exception; right
to respond; provision of copy of comment or document; right to review
administrative file under certain circumstances.
1. Except as otherwise provided in
subsection 3, a law enforcement agency shall not place any unfavorable comment
or document in any administrative file of a peace officer maintained by the law
enforcement agency unless:
(a) The peace officer has read and initialed the
comment or document; or
(b) If the peace officer refuses to initial the
comment or document, a notation to that effect is noted on or attached to the
comment or document.
2. If the peace officer submits to the law
enforcement agency a written response within 30 days after the peace officer is
asked to initial the comment or document, the peace officer’s response must be
attached to and accompany the comment or document.
3. If a peace officer is the subject of an
investigation of a complaint or allegation conducted pursuant to NRS 289.057, the law enforcement agency may
place into any administrative file relating to the peace officer only:
(a) A copy of the disposition of the allegation
of misconduct if the allegation is sustained; and
(b) A copy of the notice of or statement of
adjudication of any punitive or remedial action taken against the peace
officer.
4. A peace officer must be given a copy of
any comment or document that is placed in an administrative file of the peace
officer maintained by the law enforcement agency.
5. Upon request, a peace officer may
review any administrative file of that peace officer maintained by the law
enforcement agency that does not relate to a current investigation.
(Added to NRS by 1983,
2097; A 1991,
2213; 2005,
621)
Notes of Decisions
Knickmeyer v. State of Nevada, 2017 NV 84 (Nev. 2017).
· cites it 5× “: The principal legal question addressed in this appeal is whether certain provisions of NRS Chapter 289 (namely, NRS 289.040, 289.057 and 289.060), intended to provide job-related protections to peace officers employed by law enforcement agencies, apply to bailiffs and marshals…”
Knickmeyer Vs. State, Ex. Rel. Eighth Jud. Dist. Ct., 2017 NV 84 (Nev. 2017).
· cites it 5× “: The principal legal question addressed in this appeal is whether certain provisions of NRS Chapter 289 (namely, NRS 289.040, 289.057 and 289.060), intended to provide job-related protections to peace officers employed by law enforcement agencies, apply to bailiffs and marshals…”
Knickmeyer Vs. State, Ex. Rel. Eighth Jud. Dist. Ct., 2017 NV 84 (Nev. 2017).
· cites it 5× “: The principal legal question addressed in this appeal is whether certain provisions of NRS Chapter 289 (namely, NRS 289.040, 289.057 and 289.060), intended to provide job-related protections to peace officers employed by law enforcement agencies, apply to bailiffs and marshals…”
Knickmeyer v. State of Nevada (Nev. 2017).
· cites it 5× “: The principal legal question addressed in this appeal is whether certain provisions of NRS Chapter 289 (namely, NRS 289.040, 289.057 and 289.060), intended to provide job-related protections to peace officers employed by law enforcement agencies, apply to bailiffs and marshals…”
Erwine v. Churchill Cnty. (D. Nev. 2021).
· cites it 4× “20 21 Nev. Rev. Stat. § 289.040 . Defendants admit they did not disclose the Trotter Memo to Plaintiff 22 until over a year after the memo was placed in his file.”
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