1.  Except as otherwise provided in this subsection, an investigation of a peace officer may be conducted in response to a complaint or allegation that the peace officer has engaged in activities which could result in punitive action. Any such investigation of a peace officer must be commenced by the law enforcement agency within a reasonable period of time after the date of the filing of the complaint or allegation with the law enforcement agency. A law enforcement agency shall not conduct an investigation pursuant to this subsection if the complaint or allegation is filed with the law enforcement agency more than 5 years after the activities of the peace officer occurred.

Terms Used In Nevada Revised Statutes 289.057

  • Administrative file: means any file of a peace officer containing information, comments or documents about the peace officer. See Nevada Revised Statutes 289.010
  • Allegation: something that someone says happened.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Law enforcement agency: means any agency, office, bureau, department, unit or division created by any statute, ordinance or rule which:

    (a) Has a duty to enforce the law; and

    (b) Employs any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289. See Nevada Revised Statutes 289.010

  • Peace officer: means any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289. See Nevada Revised Statutes 289.010
  • Punitive action: means any action which may lead to dismissal, demotion, suspension, reduction in salary, written reprimand or transfer of a peace officer for purposes of punishment. See Nevada Revised Statutes 289.010

2.  Except as otherwise provided in a collective bargaining agreement, a law enforcement agency shall not suspend a peace officer without pay during or pursuant to an investigation conducted pursuant to this section until all investigations relating to the matter have concluded.

3.  After the conclusion of the investigation:

(a) If the investigation causes a law enforcement agency to impose punitive action against the peace officer who was the subject of the investigation and the peace officer has received notice of the imposition of the punitive action, the peace officer or a representative authorized by the peace officer may, except as otherwise prohibited by federal or state law, review any administrative or investigative file maintained by the law enforcement agency relating to the investigation, including any recordings, notes, transcripts of interviews and documents.

(b) If, pursuant to a policy of a law enforcement agency or a labor agreement, the record of the investigation or the imposition of punitive action is subject to being removed from any administrative file relating to the peace officer maintained by the law enforcement agency, the law enforcement agency shall not, except as otherwise required by federal or state law, keep or make a record of the investigation or the imposition of punitive action after the record is required to be removed from the administrative file.

4.  A law enforcement agency may reassign a peace officer temporarily or permanently without his or her consent during or pursuant to an investigation conducted pursuant to this section or when there is a hearing relating to such an investigation that is pending.

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