Nevada Acts of the 78th Legislative Session (2015)
SB 118, Chapter 39
AN ACT relating to the City of Sparks; revising certain provisions of the Charter of the City of Sparks relating to the Municipal Court; providing that certain authority of the City Manager does not extend to the appointment of employees of the Municipal Court, investigations of the Municipal Court or the designation of salaries of employees of the Municipal Court; authorizing Municipal Judges to appoint employees; authorizing the Administrative Judge of the Municipal Court to prescribe the duties and salaries of employees appointed by the Municipal Judges and to prescribe the salaries of the Court Administrator and Judicial Assistants; providing that civil service rules for employees of the City do not apply to officers and employees of the Municipal Court; and providing other matters properly relating thereto.
Legislative Counsel's Digest:
The Nevada Supreme Court recently held in City of Sparks v. Sparks Municipal Court, 129 Nev. Adv. Op. 38, 302 P.3d 1118 (2013), that certain provisions of the Charter of the City of Sparks that related to employees of the City's Municipal Court were unconstitutional. This bill makes various changes to the Charter to conform with that opinion.
Sections 1 and 2 of this bill provide that provisions of the Charter authorizing the City Manager to appoint employees of the City and direct their duties do not authorize the City Manager to appoint employees of the Municipal Court or direct the duties of those employees. Section 3 of this bill provides that the authority of the City Manager to make investigations into various departments or divisions of the City does not include the authority to make investigations into the Municipal Court, except pursuant to an agreement with the Municipal Court. Section 4 of this bill limits the authority of the City Manager to designate the salaries of employees in appointive positions to those employees who are appointed by the City Manager. Section 5 of this bill authorizes the Municipal Judges to appoint employees in administering the affairs of the Municipal Court. The Administrative Judge shall prescribe the salary of each such employee. Section 6 of this bill authorizes the Administrative Judge of the Municipal Court, who, under existing law, appoints and prescribes the duties of the Court Administrator, also to prescribe the salary of the Court Administrator. Section 6 also deletes a provision requiring the Administrative Judge to file a description of the duties of the Court Administrator in the Personnel Office of the City. Section 7 of this bill deletes a provision authorizing each Municipal Judge to appoint a Judicial Assistant only if authorized to do so by the City Council. Instead, the Administrative Judge may appoint, and prescribe the duties and salary of, a Judicial Assistant for each Municipal Judge. Section 8 of this bill provides that the civil service rules for employees of the City do not apply to officers and employees of the Municipal Court.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sec. 1.080 Appointive positions.
1. The Mayor of the City shall appoint a City Manager, subject to confirmation by the City Council.
2. Except as otherwise provided in this Charter, the City Manager shall appoint the heads of each...
