§ 2.32.100. Fee authorized to be charged to the constable and collected by county manager or his designee for failure to comply with statutory requirements.

(a) Pursuant to the authority granted to a board of county commissioners in NRS 258.205, a schedule of penalty fees is established by the board for the failure of the constable of a township in the county to file any report, oath or other document required by statute to be filed with the county or the Peace Officers' Standards and Training Commission (POST). The penalty fee imposed pursuant to this section shall be in addition to any fine imposed pursuant to NRS 258.200.

Document Type	Due Date	Late penalty fee for document past due
Quarterly financial report must be filed in the clerk's office NRS 258.190	first Monday of January, April, July and October	$100.00 per day not to exceed a maximum of $5,000.00
Oath of office (constables) oath filed in the recorder's office NRS 258.020	before entering upon the duties of the office	$50.00 per day not to exceed a maximum of $5,000.00
(Deputies) oath filed in the recorder's office NRS 258.060	within 30 days after the appointment
Revocation of oaths of office revocation filed in the recorder's office NRS 258.060	within 30 days after revocation of the appointment	$50.00 per day not to exceed a maximum of $5,000.00
Personnel action report (PAR) filed with Peace Officers' Standards & Training Commission (POST) NAC 289.350	within 15 days of hire or termination	$100.00 per day not to exceed a maximum of $5,000.00
Any other report or document required by statute to be filed with the county or POST		$50.00 per day not to exceed a maximum of $5,000.00

 

(b)

Penalty fees collected pursuant to subsection (a) are calculated per calendar day or part thereof and are assessed beginning on the fifth calendar day after the report becomes past due.

(c)

The county manager or his designee shall be responsible for the administration of this section including the charging and collecting of the penalty fees. At the request of the constable and upon a showing of good cause, the county manager or his designee may reduce or waive the amount of any penalty fee imposed. Penalty fees charged against a constable cannot be paid out of any enterprise fund and are a personal responsibility of the constable. Any penalty fees collected shall be deposited with the county treasurer in the county general fund.

(d)

If the constable disagrees with the imposition of a penalty fee by the county manager or his designee, the constable may appeal the penalty fee to the board of county commissioners. The constable must provide a notice of appeal to the county manager or his designee in writing within ten calendar days of the imposition of the penalty fee. The county manager or his designee shall schedule the appeal to be heard at the next available scheduled board meeting.

(e)

Following each election of a constable pursuant to NRS 258.010, the county recorder shall send a notice, in writing, to the person elected constable for each township of the requirement of NRS 258.020 to file the oath of office with the recorder before entering upon the duties of the office and the late penalty fee that will be assessed for failure to do so.

(Ord. No. 4149, § 1, 11-19-2013)