Nrs: Chapter 285 - Awards To State Employees

Link to law: https://www.leg.state.nv.us/NRS/NRS-285.html
Published: 2015

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[Rev. 11/21/2013 10:41:32

AM--2013]



CHAPTER 285 - AWARDS TO STATE EMPLOYEES

NRS 285.005           Definitions.

NRS 285.010           “Adoption”

defined.

NRS 285.012           “Board”

defined.

NRS 285.014           “Employee

suggestion” defined.

NRS 285.016           “State

agency” defined.

NRS 285.018           “State

employee” defined.

NRS 285.020           Merit

Award Program established; designation of award.

NRS 285.030           Merit

Award Board: Members; Secretary; regulations; expenditures.

NRS 285.040           Merit

Award Board: Duty to investigate, review and evaluate employee suggestions.

NRS 285.050           Employee

suggestions: Requirements; duplicates; limitation on number submitted;

additional standards.

NRS 285.060           Employee

suggestions: Recordation; notification of delays; referral to relevant state

agency; state agency’s findings and recommendations; review, evaluation and

monitoring by Merit Award Board; annual report.

NRS 285.070           Cash

payment: Amount and payment of award; eligibility and requirements for award;

distribution and use of additional savings.

_________

 

      NRS 285.005  Definitions.  As

used in this chapter, unless the context otherwise requires, the words and

terms defined in NRS 285.010 to 285.018, inclusive, have the meanings ascribed to them

in those sections.

      (Added to NRS by 2011, 281)

      NRS 285.010  “Adoption” defined.  “Adoption”

means the putting of an employee suggestion into effect.

      (Added to NRS by 1967, 1065; A 1977, 452; 2001, 1311; 2011, 282)

      NRS 285.012  “Board” defined.  “Board”

means the Merit Award Board.

      (Added to NRS by 2011, 282)

      NRS 285.014  “Employee suggestion” defined.  “Employee

suggestion” means a proposal by a state employee or group of state employees

which would:

      1.  Reduce, eliminate or avoid state

expenditures, whether or not such money would be expended from the State

General Fund; or

      2.  Improve the operation of the State

Government.

      (Added to NRS by 2011, 282)

      NRS 285.016  “State agency” defined.  “State

agency” has the meaning ascribed to it in NRS

281.195, except that the term does not include a board which is exempt from

the provisions of chapter 353 of NRS pursuant

to NRS 353.005.

      (Added to NRS by 2011, 282)

      NRS 285.018  “State employee” defined.  “State

employee” means any person employed by a state agency who is not the head of

the state agency or a designee of the head of a state agency for the purposes

of this chapter.

      (Added to NRS by 2011, 282)

      NRS 285.020  Merit Award Program established; designation of award.

      1.  There is hereby established a Merit

Award Program for state employees.

      2.  The award must be designated as the

“Good Government, Great Employees Award.”

      (Added to NRS by 1967, 1065; A 2011, 282)

      NRS 285.030  Merit Award Board: Members; Secretary; regulations;

expenditures.

      1.  The controlling authority of the Merit

Award Program is the Merit Award Board.

      2.  The Board must be composed of five

members as follows:

      (a) Two persons who are members of the American

Federation of State, County and Municipal Employees or its successor,

designated by the executive committee of that Federation or its successor.

      (b) One member from the Budget Division of the

Department of Administration appointed by the Chief of the Budget Division.

      (c) One member from the Division of Human

Resource Management of the Department of Administration appointed by the

Administrator of the Division.

      (d) One member appointed by and representing the

Governor.

      3.  The member from either the Budget

Division or the Division of Human Resource Management of the Department of

Administration must serve as the Secretary of the Board.

      4.  The Board shall adopt regulations for

transacting its business and carrying out the provisions of this chapter.

      5.  Within the limits of legislative

appropriations, the Board may expend up to $1,000 per year on expenses relating

to the operation of the Board.

      (Added to NRS by 1967, 1065; A 1975, 190; 1981, 1684;

1983, 639; 1991,

1829; 2011,

282)

      NRS 285.040  Merit Award Board: Duty to investigate, review and evaluate

employee suggestions.  The Board

shall investigate, review and evaluate the merits of each proposed employee

suggestion in the manner set forth in NRS 285.060.

      (Added to NRS by 1967, 1066; A 2011, 283)

      NRS 285.050  Employee suggestions: Requirements; duplicates; limitation on

number submitted; additional standards.

      1.  Except as otherwise provided in this

section, any state employee or group of state employees may make an employee

suggestion. An employee suggestion must be made in writing to the Board.

      2.  To be eligible for an award pursuant to

NRS 285.070, a state employee or group of state

employees must make a suggestion:

      (a) Which is not currently under active consideration

by the state agency affected;

      (b) For which the act of developing or proposing

is not a normal part of the job duties of the state employee, whether acting

individually or as a member of a group of state employees;

      (c) Which is not within the state employee’s

authority or responsibility to carry out or implement, whether acting

individually or as a member of a group of state employees;

      (d) Which proposes to do more than merely suggest

that an existing policy or procedure be followed correctly;

      (e) Which does not concern an individual

grievance or complaint;

      (f) Which would not reduce the quality or

quantity of services provided by the relevant state agency; and

      (g) Which would not transfer costs from one state

agency to another state agency.

      3.  If duplicate employee suggestions are

submitted, only the state employee or group of state employees who makes the

first employee suggestion received is eligible for an award pursuant to NRS 285.070.

      4.  Except as otherwise provided in this

subsection, a state employee, either individually or as a member of a group of

state employees, may not make more than two employee suggestions in any

calendar year. For any employee suggestion made by a state employee, either

individually or as a member of a group of state employees, that is approved in

a calendar year, the state employee may make one additional employee suggestion

during the calendar year.

      5.  The Board may, in consultation with the

Budget Division of the Department of Administration and the Interim Finance

Committee, establish such additional standards for the making and submission of

employee suggestions as it deems proper.

      (Added to NRS by 1967, 1066; A 1991, 1830; 2011, 283)

      NRS 285.060  Employee suggestions: Recordation; notification of delays;

referral to relevant state agency; state agency’s findings and recommendations;

review, evaluation and monitoring by Merit Award Board; annual report.

      1.  Upon receiving an employee suggestion

pursuant to NRS 285.050, the Secretary of the Board

shall:

      (a) Record and acknowledge receipt of the

employee suggestion;

      (b) Notify the state employee or each state

employee of a group of state employees who made the employee suggestion of any

undue delays in the consideration of the employee suggestion; and

      (c) Refer the employee suggestion at once to the

head of the state agency or agencies affected, or his or her designee, for consideration.

      2.  Within 30 days after receiving an

employee suggestion that is referred pursuant to subsection 1, the head of the

state agency, or his or her designee, shall report his or her findings and

recommendations to the Board. The report must indicate:

      (a) Whether the employee suggestion has been

adopted.

      (b) If adopted:

             (1) The day on which the employee

suggestion was placed in effect.

             (2) The actual or estimated reduction,

elimination or avoidance of expenditures or any improvement in operations made

possible by the employee suggestion.

             (3) If the employee suggestion was made by

a group of state employees, a recommendation of the distribution of any

potential award made pursuant to NRS 285.070 to

each state employee in the group. Such a distribution must be proportionate,

fair and equitable based on the contributions by each state employee to the

employee suggestion.

      (c) If rejected, the reasons for rejection.

      (d) If applicable, whether legislation will be

required before the employee suggestion may be adopted.

      3.  The Board shall:

      (a) Review the findings and recommendations of

the state agency and may obtain additional information or take such other

action as is necessary for prompt, thorough and impartial consideration of each

employee suggestion.

      (b) Evaluate each employee suggestion, taking

into consideration any action by the state agency, staff recommendations and

the objectives of the Merit Award Program.

      (c) Monitor the efficacy and progress of employee

suggestions that have been adopted and placed into effect.

      (d) Provide a report to the Budget Division of

the Department of Administration and the Interim Finance Committee not later

than 30 days after the end of each fiscal year summarizing, for that fiscal

year:

             (1) The employee suggestions that were

rejected by state agencies.

             (2) The employee suggestions that were

adopted by state agencies and detailing any actual reduction, elimination or

avoidance of expenditures or any improvement in operations made possible by the

employee suggestion.

             (3) Any legislation required to be enacted

before an employee suggestion may be adopted.

      (Added to NRS by 1967, 1066; A 2011, 283)

      NRS 285.070  Cash payment: Amount and payment of award; eligibility and

requirements for award; distribution and use of additional savings.

      1.  Except as otherwise provided in this

section, after reviewing and evaluating an employee suggestion, the Board, in

consultation with the Budget Division of the Department of Administration, may

make an award to the state employee or to each state employee of a group of state

employees who made the employee suggestion.

      2.  If the amount of a proposed award will

exceed $5,000, the award must be approved by the Interim Finance Committee. On

a quarterly basis, the Board shall transmit any proposed awards that exceed

$5,000 to the Director of the Legislative Counsel Bureau for transmittal to the

Interim Finance Committee. In acting upon such an award, the Interim Finance

Committee shall consider, among other things:

      (a) The reduction, elimination or avoidance of

expenditures or any improvement in operations made possible by the employee

suggestion; and

      (b) The intent of the Legislature in enacting

this chapter.

      3.  An award made pursuant to this section

may not exceed:

      (a) Ten percent of the amount of any actual savings

to the State, as determined at the end of the second fiscal year after the

adoption of the employee suggestion; or

      (b) A total of $25,000,

Ê whichever is

less, whether distributed to an individual employee or to a group of state

employees who made the employee suggestion.

      4.  Awards to employees arising out of

adopted employee suggestions must, insofar as is practicable, be paid from

money other than money in the State General Fund.

      5.  The total amount of an award made

pursuant to this section must be paid in two equal installments. The first

installment must be paid not later than 30 days after the end of the fiscal

year during which the employee suggestion was adopted, and the second

installment must be paid not later than 30 days after the end of the subsequent

fiscal year.

      6.  A former state employee is eligible to

receive an award pursuant to this section if the person was a state employee at

the time he or she made an employee suggestion, or was a member of a group of

state employees who made an employee suggestion, that is subsequently adopted.

      7.  An award may not be made for an

employee suggestion pursuant to this section until the State has realized a

reduction, elimination or avoidance of expenditures or any improvement in

operations as a result of the employee suggestion.

      8.  Any actual savings to the State

resulting from the adoption of an employee suggestion that remains after an

award is made pursuant to this section must be distributed as follows:

      (a) Fifty percent must be transferred to the

State General Fund; and

      (b) After a revision to the appropriate work

program pursuant to NRS 353.220, the

remaining balance must be used by the state agency that employs the state

employee or the group of state employees who made the employee suggestion for

one-time, nonoperational expenses which do not require ongoing maintenance,

including, without limitation, training and equipment.

      (Added to NRS by 1967, 1067; A 1975, 190; 1991, 1830; 2011, 284)