NEVADA ADMINISTRATIVE CODE CHAPTER 284 - STATE PERSONNEL SYSTEM

PERSONNEL RECORDS

 

      NAC 284.702  Reports of personnel actions. (NRS 284.065, 284.155, 284.175)  

     1.  Each appointing authority shall report promptly to the Division of Human Resource Management such information as required in connection with each appointment, separation from service, other change in position or pay or other matters affecting the status of positions or the performance of duties of employees in the state service.

     2.  All reports must be prepared in the manner and on the forms prescribed by the Division of Human Resource Management.

     3.  The Division of Human Resource Management will establish procedures for sending copies of reports and notices to the State Controller without delay of any new positions, new employees and of its approval or disapproval of these actions.

     [Personnel Div., Rule XVI § A subsec. 1, eff. 8-11-73]-(NAC A by Dep't of Personnel, 7-1-94; R147-01, 1-22-2002)

 

     NAC 284.710  Order of processing personnel documents. (NRS 284.065, 284.155, 284.175)   Any personnel documents effecting changes in an employee's pay and having the identical effective date will be processed in the following order:

     1.  Merit pay increases.

     2.  Reclassifications or overall adjustments to the compensation plan.

     3.  Promotions or demotions.

     [Personnel Div., Rule XVI § A subsec. 3, eff. 8-11-73]-(NAC A by Dep't of Personnel, 10-26-84; R147-01, 1-22-2002)

 

NRS 284.105  Duties of Administrator.

   

     NAC 284.714  Official roster:  Inspection; contents. (NRS 284.065, 284.155)  

     1.  The official roster of employees in the public service maintained by the Division of Human Resource Management is a public record and will be open to inspection under reasonable conditions during business hours in the offices of the Division of Human Resource Management or the offices where the records are kept.

     2.  Except as otherwise provided in subsection 3, the roster must contain, for each employee:

     (a) His or her name;

     (b) The class title of the position he or she holds;

     (c) His or her rate of pay;

     (d) Any change in his or her class title, pay or status; and

     (e) Other pertinent data as determined by the Administrator.

     3.  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.

     [Personnel Div., Rule XVI § B, eff. 8-11-73]-(NAC A by Dep't of Personnel, 10-26-84; R147-01, 1-22-2002)

 

NRS 613.075  Inspection by person who is subject of records; provision of copies upon request; cost of copies; person permitted to submit written explanation in response to information in records and to challenge accuracy; limitations.

 

     NAC 284.718  Confidential records. (NRS 284.065, 284.155, 284.355, 284.407)  

     1.  The following types of information, which are maintained by the Division of Human Resource Management or the personnel office of an agency, are confidential:

     (a) Information relating to salaries paid in other than governmental employment which is furnished to the Division of Human Resource Management on the condition that the source remain confidential;

     (b) Any document which is used by the Division of Human Resource Management or an agency in negotiations with employees or their representatives which has not been made public by mutual agreement;

     (c) The rating and remarks concerning an applicant by the individual members of the board or assessors of a center for assessment;

     (d) Any document which is used by the Division of Human Resource Management or an agency in the process of interviewing an applicant, including, without limitation, a document containing interview questions, evaluation tools used for rating applicants and any notes concerning an applicant that were taken by a person as part of the process of rating an applicant;

     (e) Materials used in examinations, including suggested answers for oral examinations;

     (f) Records and files maintained by an employee assistance program offered by the State of Nevada;

     (g) Reports by employers, appointing authorities or law enforcement officials concerning the hiring, promotion or background of applicants, eligible persons or employees;

     (h) The class title and agency of an employee whose name is excluded from the official roster, as provided in subsection 3 of NAC 284.714, when an inquiry concerning the employee is received;

     (i) Any information contained on a person's application or relating to his or her status as an eligible person; and

     (j) Information in the file or record of employment of a current or former employee which relates to the employee's:

            (1) Performance;

            (2) Conduct, including any disciplinary actions taken against the employee;

            (3) Usage or balance of his or her annual leave and sick leave;

            (4) Race, ethnic identity or affiliation, sex, genetic information, disability or date of birth;

            (5) Home telephone number; or

            (6) Social security number.

     2.  If the employee has requested that his or her personal mailing address be listed as confidential, the employee's file must be so designated and list his or her business address.

     3.  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.

     4.  Any records in the possession of the Committee on Catastrophic Leave created pursuant to NRS 284.3627 that reveal the health, medical condition or disability of a current or former employee or a member of his or her immediate family are confidential.

     5.  Any notes, records, recordings or findings of an investigation conducted by the Division of Human Resource Management relating to sexual harassment or discrimination, or both, and any findings of such an investigation that are provided to an appointing authority are confidential.

     6.  Any notes, records, recordings, findings or other information obtained from an organizational climate study that directly relate to an employee's performance or conduct are confidential.

     7.  Any notes, records, recordings, findings or other information obtained from an internal study conducted by an agency that directly relate to an employee's performance or conduct are confidential.

     [Personnel Div., Rule XVI part § C, eff. 8-11-73]-(NAC A by Dep't of Personnel, 8-28-85; 7-21-89; 7-6-92; 11-12-93; R058-01, 9-6-2001; A by Personnel Comm'n by R068-03, 10-30-2003; R182-03, 1-27-2004; R024-05, 10-31-2005; R141-07, 1-30-2008; R065-09, 10-27-2009; R055-10, 6-30-2010; R137-12 & R045-13, 10-23-2013)  

 

     NAC 284.726  Access to confidential records. (NRS 284.065, 284.155, 284.335, 284.407)  

     1.  Except as otherwise provided in this subsection and subsection 2, access to materials for an examination and information relating to an applicant or eligible person which are relevant to an appointing authority's decision to hire that person is limited to the appointing authority or his or her designated representative. If the name of the applicant is not disclosed and the information is used for the purposes of subparagraph (2) of paragraph (a) of subsection 1 of NAC 284.204, information relating to the education and experience of an applicant may be made available to any affected applicant, employee or the designated representative of either.

     2.  Except as otherwise provided in NRS 284.4068, as amended by section 10 of Senate Bill No. 62, chapter 225, Statutes of Nevada 2015, at page 1050, access to information concerning the results of an applicant's screening test which indicate the presence of a controlled substance is limited to the appointing authority or his or her designated representative and the Administrator or his or her designated representative.

     3.  Except as otherwise provided in subsections 4 and 5, access to an employee's file of employment containing any of the items listed in paragraphs (g) to (j), inclusive, of subsection 1 of NAC 284.718 is limited to:

     (a) The employee.

     (b) The employee's representative when a signed authorization from the employee is presented or is in his or her employment file.

     (c) The appointing authority or a designated representative of the agency by which the employee is employed.

     (d) The Administrator or a designated representative.

     (e) An appointing authority, or a designated representative, who is considering the employee for employment in the agency.

     (f) Persons who are authorized pursuant to any state or federal law or an order of a court.

     (g) The State Board of Examiners if the Board is considering a claim against the State of Nevada filed pursuant to chapter 41 of NRS which involves the employee.

     (h) Persons who are involved in processing records for the transaction of business within and between state agencies.

     (i) Persons who are involved in processing records for the transaction of business that is authorized by the employee.

     4.  Information concerning the health, medical condition or disability of an employee or a member of his or her immediate family must be kept separate from the employee's file in a locked cabinet. Except as otherwise provided in subsection 10, access to such information is limited to the employee, his or her current supervisor, and the appointing authority or a designated representative.

     5.  Except as otherwise provided in subsection 10, access to information concerning the employee's usage or balance of annual leave and sick leave is limited to the employee, the employee's immediate supervisor and the employee's appointing authority or the designated representative of the appointing authority.

     6.  Except as otherwise provided in subsection 10, access to any notes, records, recordings, findings or other information obtained from an organizational climate study that directly relate to an employee's performance or conduct is limited to:

     (a) The employee.

     (b) The Administrator or a designated representative of the Administrator.

     (c) The appointing authority or a designated representative of the agency with which the employee is employed.

     (d) Persons who are authorized pursuant to any state or federal law or an order of a court.

     (e) The Governor or a designated representative of the Governor.  

     7.  Except as otherwise provided in subsection 10, access to any notes, records, recordings, findings or other information obtained from an internal study conducted by an agency that directly relate to an employee's performance or conduct is limited to:

     (a) The employee.

     (b) The appointing authority or a designated representative of the agency by which the employee is employed.

     (c) Persons who are authorized pursuant to any state or federal law or an order of a court.

     (d) The Governor or a designated representative of the Governor. 

     8.  Except as otherwise provided by specific statute, records maintained by an employee assistance program offered by the State of Nevada must not be released without written permission signed by the employee to whom the records pertain.

     9.  Upon request, the Division of Human Resource Management will provide the personal mailing address of any employee on file with the Division of Human Resource Management to the State Controller's Office and the Internal Revenue Service.

     10. The Administrator or the appointing authority, or a designated representative, shall authorize the release of any confidential records under his or her control which are requested by the Employee-Management Committee, a hearings officer, the Commission, the Committee on Catastrophic Leave created pursuant to NRS 284.3627, the Nevada Equal Rights Commission or a court.

     [Personnel Div., Rule XVI part § C, eff. 8-11-73]-(NAC A by Dep't of Personnel, 8-28-85; 9-30-88; 7-21-89; 8-14-90; 7-6-92; 3-23-94; R042-99, 9-27-99; R082-00, 8-2-2000; R058-01, 9-6-2001; R147-01, 1-22-2002; A by Personnel Comm'n by R068-03, 10-30-2003; R024-05, 10-31-2005; R141-07, 1-30-2008; R065-09, 10-27-2009, R059-10, 10-15-2010; R137-12 & R045-13, 10-23-2013; R044-15; 12-21-2015)   

 

     NAC 284.730  Retention and disposal of records. (NRS 284.065)   All records of the Division of Human Resource Management will be retained or disposed of in accordance with the records retention and disposal schedule approved by the Committee to Approve Schedules for the Retention and Disposition of Official State Records.

     [Personnel Div., Rule XVI § D, eff. 8-11-73]-(NAC A by Dep't of Personnel, 10-26-84; A by Personnel Comm'n by R182-03, 1-27-2004)

 

     NAC 284.734  Prohibition against maintenance of secret files. (NRS 284.065, 284.155)   Except as otherwise provided in NAC 284.718 and 284.726, no appointing authority may maintain secret files regarding any employee.

     [Personnel Div., Rule XVI § E, eff. 8-11-73]