PERSONNEL RECORDS

NAC 284.702  Reports of personnel actions. (NRS 284.065, 284.155, 284.175)

  1. Each appointing authority shall report promptly to the Department of Personnel such information as required in connection with each appointment, separation from service, other change in position or pay or other matters affecting the status of positions or the performance of duties of employees in the state service.

  2. All reports must be prepared in the manner and on the forms prescribed by the Department.

  3. The Department will establish procedures for sending copies of reports and notices to the State Controller without delay of any new positions, new employees and of its approval or disapproval of these actions.

[Personnel Div., Rule XVI § A subsec. 1, eff. 8-11-73]—(NAC A by Dep’t of Personnel, 7-1-94; R147-01, 1-22-2002)

NAC 284.710  Order of processing personnel documents. (NRS 284.065, 284.155, 284.175)  Any personnel documents effecting changes in an employee’s pay and having the identical effective date will be processed in the following order:

  1. Merit pay increases.

  2. Reclassifications or overall adjustments to the compensation plan.

  3. Promotions or demotions.

[Personnel Div., Rule XVI § A subsec. 3, eff. 8-11-73]—(NAC A by Dep’t of Personnel, 10-26-84; R147-01, 1-22-2002)

NRS 284.105 (official roster) states in part, "Duties of Director.

  1. (g) Establish and maintain a roster of all employees in the public service. The roster must set forth, as to each employee:

(1) The class title of the position held.

(2) The salary or pay.

(3) Any change in class title, pay or status.

(4) Other pertinent data."

NAC 284.714  Official roster: Inspection; contents. (NRS 284.065, 284.155)

  1. The official roster of employees in the public service maintained by the Department of Personnel is a public record and will be open to inspection under reasonable conditions during business hours in the Department’s offices or the offices where the records are kept.

  2. Except as otherwise provided in subsection 3, the roster must contain, for each employee:

(a) His name;

(b) The class title of the position he holds;

(c) His rate of pay;

(d) Any change in his class title, pay or status; and

(e) Other pertinent data as determined by the Director.

  1. For public inspection purposes, the roster may exclude the actual names of employees who are in sensitive law enforcement positions where public access to the employees’ identities could jeopardize their personal safety or job performance, in which case the employee will be shown on the roster as an unidentified employee.

[Personnel Div., Rule XVI § B , eff. 8-11-73]—(NAC A by Dep’t of Personnel, 10-26-84; R147-01, 1-22-2002)

NRS 613.075 states, "Inspection by person who is subject of records; provision of copies upon request; cost of copies; person permitted to submit written explanation in response to information in records and to challenge accuracy; limitations.

  1. Any person or governmental entity who employs and has under his direction and control any person for wages or under a contract of hire, or any labor organization referring a person to an employer for employment, shall, upon the request of that employee or person referred:

(a) Give him a reasonable opportunity, during the usual hours of business, to inspect any records kept by that employer or labor organization containing information used:

(1) By the employer or labor organization to determine the qualifications of that employee and any disciplinary action taken against him, including termination from that employment; or

(2) By the labor organization with respect to that person’s position on its list concerning past, present and future referrals for employment; and

(b) Furnish him with a copy of those records.

The records to be made available do not include confidential reports from previous employers or investigative agencies, other confidential investigative files concerning the employee or person referred or information concerning the investigation, arrest or conviction of that person for a violation of any law.

  1. An employer or labor organization shall allow an employee or person referred to submit a reasonable written explanation in direct response to any written entry in the records of employment regarding the employee or person. Any such written explanation must be reasonable in length, in a format prescribed by the employer and maintained by the employer or labor organization in the records of employment.

  2. An employer or labor organization shall not maintain a secret record of employment regarding an employee or person referred.

  3. Upon termination of employment, an employer shall allow an employee to inspect his records of employment within 60 days after his termination of employment and shall, if requested by that former employee within that period, furnish him with a copy of those records.

  4. An employer or labor organization may only charge an employee or person referred an amount equal to the actual cost of providing access to and copies of his records of employment.

  5. The employee or person referred shall, if he contends that any information contained in the records is inaccurate or incomplete, notify his employer or the labor organization in writing of his contention. If the employer or labor organization finds that the contention of that employee or person is correct, it shall change the information accordingly.

  6. No copies may be furnished to an employee or former employee under this section unless he has been or was employed for more than 60 days."

NAC 284.718  Confidential records. (NRS 284.065, 284.155, 284.407)

  1. The following types of information, which are maintained by the Department of Personnel or the Personnel office of an agency, are confidential:

(a) Information relating to salaries paid in other than governmental employment which is furnished to the Department of Personnel on the condition that the source remain confidential;

(b) Any document which is used by the Department of Personnel or an agency in negotiations with employees or their representatives which has not been made public by mutual agreement;

(c) The rating and remarks concerning an applicant by the individual members of the board or assessors of a center for assessment;

(d) Materials used in examinations, including suggested answers for oral examinations;

(e) Records and files maintained by the Employee Assistance Program;

(f) Reports by employers, appointing authorities or law enforcement officials concerning the hiring, promotion or background of applicants, eligible persons or employees;

(g) The class title and agency of an employee whose name is excluded from the official roster, as provided in subsection 3 of NAC 284.714, when an inquiry concerning the employee is received;

(h) Any information contained on a person’s application or relating to his status as an eligible person; and

(i) Information in the file or record of employment of a current or former employee which relates to his:

(1) Performance;

(2) Conduct, including any disciplinary actions taken against him;

(3) Race, ethnic identity or affiliation, sex, disability or date of birth;

(4) Home telephone number; or

(5) Social Security number.

  1. If the employee has requested that his personal mailing address be listed as confidential, his file must be so designated and list his business address.

  2. The name of any beneficiary of an employee contained in the payroll document must not be released to anyone unless:

(a) The employee dies; or

(b) The employee signs a release.

  1. Any records in the possession of the Committee on Catastrophic Leave created pursuant to NRS 284.3627 that reveal the health, medical condition or disability of a current or former employee or a member of his immediate family are confidential.

  2. Any notes, records, recordings or findings of an investigation conducted by the Department of Personnel relating to sexual harassment or discrimination, or both, and any findings of such an investigation that are provided to an appointing authority are confidential.

[Personnel Div., Rule XVI part § C, eff. 8-11-73]—(NAC A by Dep’t of Personnel, 8-28-85; 7-21-89; 7-6-92; 11-12-93; R058-01, 9-6-2001; R068-03; A by Personnel Comm’n by R182-03, 1-27-2004)

NAC 284.726  Access to confidential records. (NRS 284.065, 284.155, 284.335, 284.407)

  1. Except as otherwise provided in this subsection, access to materials for an examination and information relating to an applicant or eligible person which are relevant to an appointing authority’s decision to hire that person is limited to the appointing authority or his designated representative. If the name of the applicant is not disclosed and the information is used for the purposes of subparagraph 2 of paragraph (a) of subsection 1 of NAC 284.204, information relating to the education and experience of an applicant may be made available to any affected applicant, employee or the designated representative of either.

  2. Except as otherwise provided in subsection 3, access to an employee’s file of employment containing any of the items listed in paragraphs (f) to (i), inclusive, of subsection 1 of NAC 284.718 is limited to:

(a) The employee.

(b) The employee’s representative when a signed authorization from the employee is presented or is in his employment file.

(c) The appointing authority or a designated representative of the agency by which the employee is employed.

(d) The Director or his designated representative.

(e) An appointing authority, or his designated representative, who is considering the employee for employment in his agency.

(f) Persons who are authorized pursuant to any state or federal law or an order of a court.

(g) The State Board of Examiners if the Board is considering a claim against the State of Nevada filed pursuant to chapter 41 of NRS which involves the employee.

(h) Persons who are involved in processing records for the transaction of business within and between state agencies

(i) Persons who are involved in processing records for the transaction of business that is authorized by the employee.

  1. Information concerning the health, medical condition or disability of an employee or a member of his immediate family must be kept separate from the employee’s file in a locked cabinet. Except as otherwise provided for in subsection 6, access to such information is limited to the employee, his current supervisor, and the appointing authority or his designated representative.

  2. Except as otherwise provided by specific statute, records maintained by the Employee Assistance Program must not be released without written permission signed by the employee to whom the records pertain.

  3. Upon request, the Department of Personnel will provide the personal mailing address of any employee on file with the Department to the State Controller’s Office and the Internal Revenue Service.

  4. The Director or the appointing authority, or his designated representative, shall authorize the release of any confidential records under his control which are requested by the Committee, a hearings officer, the Commission, the Committee on Catastrophic Leave created pursuant to NRS 284.3627, the Nevada Equal Rights Commission or a court. If the Director or his designated representative determines that the release of any confidential record is not necessary for those purposes, the decision may be appealed.

[Personnel Div., Rule XVI part § C, eff. 8-11-73]—(NAC A by Dep’t of Personnel, 8-28-85; 9-30-88; 7-21-89; 8-14-90; 7-6-92; 3-23-94; R042-99, 9-27-99; R082-00, 8-2-2000; R058-01, 9-6-2001; R147-01, 1-22-2002; A by Personnel Comm’n by R068-03, 10-30-2003)

NAC 284.730  Retention and disposal of records. (NRS 284.065)  All records of the Department of Personnel will be retained or disposed of in accordance with the records retention and disposal schedule approved by the Committee to Approve Schedules for the Retention and Disposition of Official State Records.

[Personnel Div., Rule XVI § D, eff. 8-11-73]—(NAC A by Dep’t of Personnel, 10-26-84; A by Personnel Comm’n by R182-03, 1-27-2004)

NAC 284.734  Prohibition against maintenance of secret files. (NRS 284.065, 284.155)  Except as otherwise provided in NAC 284.718 and 284.726, no appointing authority may maintain secret files regarding any employee.

[Personnel Div., Rule XVI § E, eff. 8-11-73]

 
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