NRS 239.083 State records: Program of education and training on retention and disposition; letter of reprimand or other discipline for knowing and willful disposition of state record in manner contrary to schedule for retention and disposition.

711 words·~3 min read·/nv/chapter-239-public-records/239-083

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1. The Division shall develop and, to the extent that resources are available, conduct a program of education and training on the retention and disposition of official state records for the employees of each agency, board and commission that is required to maintain its official state records in accordance with a schedule for the retention and disposition of official state records that has been developed pursuant to NRS 239.080 . The program must include, without limitation, instruction concerning:

(a)The general standards of the Division for the development pursuant to NRS 239.080 of schedules for the retention and disposition of official state records;

(b)The specific criteria for the retention and disposition of official state records in accordance with the approved schedule applicable to the agency, board or commission by which an employee is employed; and

(c)Any criminal or civil penalties or other administrative or disciplinary action to which an employee may be subject as the result of the disposal of an official state record in a manner contrary to the approved schedule for the retention and disposition of official state records applicable to the agency, board or commission by which the employee is employed.

2. Except as otherwise provided in subsection 3, the head of an agency, board or commission that is required to maintain its official state records in accordance with a schedule for the retention and disposition of official state records that has been developed pursuant to NRS 239.080 and approved by the Committee pursuant to NRS 239.077 :

(a)Shall require each employee of the agency, board or commission, as applicable, whose duties include the management of the retention and disposal of any official state records of the agency, board or commission to complete the program of education and training on the retention and disposition of official state records that is developed and conducted by the Division pursuant to subsection 1.

(b)May require other employees of the agency, board or commission, as applicable, to complete the program of education and training described in paragraph (a).

3. If sufficient resources are not available for the Division to conduct, in whole or in part, the program of education and training on the retention and disposition of official state records pursuant to subsection 1, the Division shall:

(a)Determine which heads of agencies, boards or commissions that are required to maintain official state records in accordance with a schedule for the retention and disposition of official state records that has been developed pursuant to NRS 239.080 and approved by the Committee pursuant to NRS 239.077 are subject to the provisions of subsection 2; and

(b)Notify the head of each agency, board or commission that is required to maintain its official state records in accordance with a schedule for the retention and disposition of official state records that has been developed pursuant to NRS 239.080 and approved by the Committee pursuant to NRS 239.077 whether the head of the agency, board or commission is:

(1)Required to comply with the provisions of paragraph

(a)of subsection 2; and

(2)Authorized to comply with the provisions of paragraph

(b)of subsection 2.

4. The head of an agency, board or commission that is required to maintain its official state records in accordance with a schedule for the retention and disposition of official state records that has been developed pursuant to NRS 239.080 and approved by the Committee pursuant to NRS 239.077 :

(a)Except as otherwise provided in paragraph (b), shall issue a letter of reprimand to any employee of the agency, board or commission, as applicable, who knowingly and willfully disposes of an official state record of the agency, board or commission in a manner contrary to the approved schedule for the retention and disposition of the official state records of the agency, board or commission.

(b)In lieu of a letter of reprimand issued pursuant to paragraph (a), may take more severe disciplinary action against an employee in a matter involving a repeated offense or where circumstances otherwise warrant such action.