NRS 289.040
Law enforcement agency prohibited from placing unfavorable comment or document in administrative file of peace officer

  • exception
  • right to respond
  • provision of copy of comment or document
  • right to review administrative file under certain circumstances.

1.

Except as otherwise provided in subsection 3, a law enforcement agency shall not place any unfavorable comment or document in any administrative file of a peace officer maintained by the law enforcement agency unless:

(a)

The peace officer has read and initialed the comment or document; or

(b)

If the peace officer refuses to initial the comment or document, a notation to that effect is noted on or attached to the comment or document.

2.

If the peace officer submits to the law enforcement agency a written response within 30 days after the peace officer is asked to initial the comment or document, the peace officer’s response must be attached to and accompany the comment or document.

3.

If a peace officer is the subject of an investigation of a complaint or allegation conducted pursuant to NRS 289.057, the law enforcement agency may place into any administrative file relating to the peace officer only:

(a)

A copy of the disposition of the allegation of misconduct if the allegation is sustained; and

(b)

A copy of the notice of or statement of adjudication of any punitive or remedial action taken against the peace officer.

4.

A peace officer must be given a copy of any comment or document that is placed in an administrative file of the peace officer maintained by the law enforcement agency.

5.

Upon request, a peace officer may review any administrative file of that peace officer maintained by the law enforcement agency that does not relate to a current investigation.

Source: Section 289.040 — Law enforcement agency prohibited from placing unfavorable comment or document in administrative file of peace officer; exception; right to respond; provision of copy of comment or document; right to review administrative file under certain circumstances., https://www.­leg.­state.­nv.­us/NRS/NRS-289.­html#NRS289Sec040.

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

§ 289.040’s source at nv​.us