[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.

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      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)