NRS 289.020
Punitive action prohibited for exercise of rights under internal procedure

  • opportunity for hearing
  • right to representation
  • refusal to cooperate in criminal investigation punishable as insubordination
  • use of compelled statements.

1.

A law enforcement agency shall not use punitive action against a peace officer if the peace officer chooses to exercise the peace officer’s rights under any internal administrative grievance procedure.

2.

If a peace officer is denied a promotion on grounds other than merit or other punitive action is used against the peace officer, a law enforcement agency shall provide the peace officer with an opportunity for a hearing.

3.

If a peace officer requests representation while being questioned by a superior officer on any matter that the peace officer reasonably believes could result in punitive action, the questioning must cease immediately and the peace officer must be allowed a reasonable opportunity to arrange for the presence and assistance of a representative before the questioning may resume.

4.

If a peace officer refuses to comply with an order by a superior officer to cooperate with the peace officer’s own or any other law enforcement agency in a criminal investigation, the agency may charge the peace officer with insubordination.

5.

Except as otherwise provided in this subsection, any statement a peace officer is compelled to make pursuant to this chapter shall not be disclosed or used in a civil case against the peace officer without the consent of the peace officer. Such a statement may be used in an administrative hearing or civil case regarding the employment of the peace officer. In a civil case, the court may review the statement in camera to determine whether the statement is inconsistent with the testimony of the peace officer and release any inconsistent statement to the opposing party for purposes of impeachment.

Source: Section 289.020 — Punitive action prohibited for exercise of rights under internal procedure; opportunity for hearing; right to representation; refusal to cooperate in criminal investigation punishable as insubordination; use of compelled statements., https://www.­leg.­state.­nv.­us/NRS/NRS-289.­html#NRS289Sec020.

289.020
Punitive action prohibited for exercise of rights under internal procedure 289.025
Confidentiality of home address and photograph of peace officer in possession of law enforcement agency 289.027
Law enforcement agency required to adopt policies and procedures concerning service of certain subpoenas on peace officers. 289.030
Law enforcement agency prohibited from requiring peace officer to disclose financial information 289.040
Law enforcement agency prohibited from placing unfavorable comment or document in administrative file of peace officer 289.050
Consequences of refusal to submit to polygraphic examination. 289.055
Establishment and availability of written procedures for investigating complaints and allegations of misconduct. 289.057
Investigation of allegation of misconduct 289.060
Notification and requirements for interview, interrogation or hearing relating to investigation 289.070
Use of polygraphic examination in investigation. 289.080
Right to presence and assistance of representatives at interview, interrogation or hearing relating to investigation 289.085
Dismissal of administrative proceeding or civil action when evidence obtained unlawfully during investigation. 289.090
Inapplicability of certain provisions to investigation concerning alleged criminal activities. 289.092
Suspension without pay pending criminal prosecution 289.095
Investigation of motor vehicle crashes involving peace officers. 289.100
Limitations on application of chapter. 289.110
Report concerning improper governmental action 289.120
Judicial relief available for aggrieved peace officer.
Last Updated

Jun. 24, 2021

§ 289.020’s source at nv​.us