A Peace Officer Must Lead Nevada Police Discipline Investigations

Legal Update: City of Las Vegas v. Las Vegas Police Protective Association, 561 P.3d 1059, 141 Nev. Adv. Op. 1 (Jan. 9, 2025).

Background

A City of Las Vegas employee complained that a deputy city marshal sergeant had engaged in harassment, retaliation, and creation of a hostile work environment. Because the allegations involved workplace conduct, the City assigned a human-resources analyst to lead the investigation and interview the subject officer and a witness.

The officers and their union sought declaratory and injunctive relief under Nevada’s Peace Officer’s Bill of Rights.

The Court’s Decision

The Supreme Court held that NRS 289.060 requires a ranked peace officer to lead an investigation, interrogation, or hearing that could result in punitive action against another peace officer. Reading “officer” in the statutory notice requirements to mean “peace officer,” the Court affirmed an injunction preventing civilians from leading those disciplinary proceedings.

Role of Human Resources

The decision does not bar human-resources professionals, attorneys, or other specialists from assisting an investigation. They may contribute their expertise, but the investigating peace officer must remain in charge.

Practical Takeaway

Nevada law-enforcement agencies should review disciplinary protocols to ensure that a ranked peace officer leads covered investigations. Peace officers receiving investigative notices should verify that the notice identifies the officer in charge and the officers who will conduct questioning or hearings.

This update is for general informational purposes and is not legal advice. Legal rights, procedures, and deadlines depend on the facts of each matter.