Nevada Miscellaneous Matters Related to Government and Public Affairs

Sec. § 239B.020
Request by public safety agency for certain information on applicant for position of firefighter or peace officer from employer or former employer of applicant; use of information; confidentiality.


1.

Upon the request of a public safety agency, an employer shall provide to the public safety agency information, if available, regarding a current or former employee of the employer who is an applicant for the position of firefighter or peace officer, as applicable, with the public safety agency. A request for information by a public safety agency pursuant to this subsection must be:

(a)

In writing;

(b)

Accompanied by an authorization signed by the applicant and notarized by a notary public or judicial officer in which the applicant consents to the release of the information; and

(c)

Presented to the employer by a sworn officer or other authorized representative of the public safety agency.

2.

The information that a public safety agency may request pursuant to subsection 1 includes, without limitation:

(a)

The date on which the applicant began the employment and, if applicable, the date on which the employment of the applicant was terminated;

(b)

A list of the compensation that the employer provided to the applicant during the course of the employment;

(c)

An application for a position of employment that the applicant submitted to the employer;

(d)

A written evaluation of the performance of the applicant;

(e)

A record of the attendance of the applicant;

(f)

A record of disciplinary action taken against the applicant;

(g)

A statement regarding whether the employer would rehire the applicant and, if the employer would not rehire the applicant, the reasons therefor; and

(h)

If applicable, a record setting forth the reason that the employment of the applicant was terminated and whether the termination was voluntary or involuntary.

3.

An employer shall not provide information pursuant to subsection 1 if the disclosure of the information is prohibited pursuant to a federal or state statute or regulation.

4.

A public safety agency may use the information that it receives pursuant to this section only to determine the suitability of an applicant for employment as a firefighter or peace officer, as applicable.

5.

Except as otherwise provided in this subsection, a public safety agency shall maintain the confidentiality of information that it receives pursuant to this section. A public safety agency may share information regarding an applicant that it receives pursuant to this section with another public safety agency if:

(a)

The applicant is also an applicant for a position as a firefighter or peace officer, as applicable, with the other public safety agency and the applicant submitted a single application to be used by multiple public safety agencies; and

(b)

The confidentiality of the information is otherwise maintained.

6.

As used in this section:

(a)

“Employer” includes a public employer and a private employer.

(b)

“Firefighter” means a person who is a salaried employee of a fire-fighting agency and whose principal duties are to control, extinguish, prevent and suppress fires.

(c)

“Fire-fighting agency” means a public fire department, fire protection district or other agency of this State or a political subdivision of this State, the primary functions of which are to control, extinguish, prevent and suppress fires.

(d)

“Peace officer” has the meaning ascribed to it in NRS 289.010.

(e)

“Public safety agency” means:

(1)

A fire-fighting agency; or

(2)

A law enforcement agency as defined in NRS 277.035.
Source

Last accessed
Feb. 5, 2021