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; - Nevada Statutes

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.

      (Added to NRS by 1983, 2097; A 1991, 2213; 2005, 621)