Nevada Revised Statutes 268.4069 – Use of testing as factor in promotion of employee: Requirements; appeals; exclusion
1. Except as otherwise provided in subsection 4, notwithstanding the provisions of any collective bargaining agreement to the contrary, if the governing body of an incorporated city or a city officer includes testing as a factor in a decision regarding the vertical promotion of an employee:
Attorney's Note
Under the Nevada Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| category E felony | 1 to 4 years | up to $5,000 |
Terms Used In Nevada Revised Statutes 268.4069
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
(a) The testing must be conducted by a third party which is independent from the governing body or city officer, as applicable.
(b) A third party which conducts a test must send to each employee who takes the test a confidential electronic mail message which contains the employee’s test score. The third party must send an employee’s test score to the employee and the governing body of an incorporated city or the city officer, as applicable, at the same time.
(c) The governing body or city officer, as applicable, shall not produce a list of the employees who took the test, ranked in order of their test scores, until after the third party which conducted the test has sent each employee his or her test score pursuant to paragraph (b).
(d) An employee who is aggrieved by his or her test score may appeal the testing process.
2. During the appeal process authorized by paragraph (d) of subsection 1:
(a) The employee who appeals the testing process is entitled to see:
(1) How his or her test was graded; and
(2) The questions which the employee answered incorrectly.
(b) The governing body of an incorporated city or the city officer, as applicable, shall ensure that the employee was ranked properly based on the employee’s test score.
3. A person who tampers with the score of a test taken by an employee is guilty of a category E felony and shall be punished as provided in NRS 193.130.
4. The provisions of this section do not apply to:
(a) A city department that has less than 200 employees; or
(b) An incorporated city if the city has a civil service commission that appoints a chief examiner and the chief examiner:
(1) Serves at the pleasure of the civil service commission;
(2) Is not answerable to any city officer or the governing body of the incorporated city other than the civil service commission; and
(3) Is not a director of human resources for the civil service commission or the city.
5. As used in this section, ‘test’ and ‘testing’ includes, without limitation, a written test or oral board.