§ 2.62.040. Membership.

(a) The review board shall consist of twenty-five members, thirteen of whom shall be appointed by the members of the FAC who are representatives of the county, and twelve of whom shall be appointed by the members of the FAC who are representatives of the city.

(b)

A person appointed to the review board must:

(1)

Be a resident of Clark County, excluding any incorporated cities other than the city of Las Vegas;

(2)

Not be currently employed as a peace officer. No more than five members of the review board may be former peace officers;

(3)

Not be a current employee in any capacity of the department; or a former peace officer of the department; or a spouse, child, sibling or parent of such a person;

(4)

Not be a current elected official;

(5)

Not be a person convicted of a felony; and

(6)

Not be or have been a party in litigation against the department, or against the county or the city with regard to any detention facility.

(c)

The members shall be appointed from a list of names submitted by interested persons. Notice that applications for appointment to the review board are being accepted shall be published at a minimum once in a newspaper having general circulation in the county at least thirty days before the list is initially established. Applications for appointment shall be submitted to the director. Applicants must state whether they meet each of the eligibility criteria set forth in subsection (b) of this section. Applicants shall waive confidentiality and privacy as to records of criminal history, employment history, and such other information as is necessary to verify their eligibility and suitability for appointment, and shall authorize disclosure of such information for that purpose. Information about an applicant which is of a confidential nature shall not be disclosed, except in the course of administration of this chapter, to authorized representatives of the county or city, or upon lawful order by a court of competent jurisdiction.

(d)

The director shall prescreen applications and disqualify any applicant who does not meet the minimum requirements set forth in subsection (b) of this section. Any applicant who is disqualified shall be so advised by the director. The director shall forward all applications, together with any grounds for disqualification, to the members of the FAC who are representatives of the city and the county.

(e)

The county and city members of the FAC shall alternately appoint persons to the review board from the list of applicants submitted to them, with the county members making the first selection.

(f)

The members of the FAC who are representatives of the county may by mutual agreement select and appoint persons to the review board from the list of applicants submitted to them. If the county members of the FAC are unable to agree, each will alternatively make an appointment until the requisite number of persons has been selected. In such case, the first selection shall be made by the member with the greatest amount of time served on the board. If the county members of the FAC have equal amounts of service time, the person to make the first selection shall be determined by a toss of a coin.

(g)

An updated list of applicants available for appointment shall be maintained by the director to fill vacancies on the review board, The director may update the list by adding the names of additional applicants and deleting the names of persons who become disqualified or who notify the director that they are no longer interested in serving on the review board. The director may accept applications at any time, but may solicit applications only through advertisement as described in subsection (c) of this section. Except as otherwise provided herein, applications shall remain active for a period of three years from the date of submittal. All subsequent applicants shall be subject to the same prescreening and background investigation requirements as the initial applicants. Vacancies shall be filled by action of the current representatives of the entity which originally appointed the position. When openings exist for both county and city members of the review board, the members of the FAC who represent the county and the city will appoint review board members and fill vacancies for unexpired terms from the most recent list of applicants according to the procedures set forth in subsection (e) of this section. The members of the FAC who represent the county will appoint review board members and fill vacancies for unexpired terms from the most recent list of applicants according to the procedures set forth in subsection (f) of this section.

(h)

The director shall forward the application of each person tentatively selected for appointment to the district attorney's office for background investigation. The district attorney's office will return the results of its investigation, including any areas of concern and any grounds for disqualification it has discovered, to the director, who shall forward them to the applicable appointing authority. The appointing authority shall then make the appointment final, or select another applicant according to the procedures set forth in this section. The appointing authority shall advise the director of any applicant who is disqualified, and the director shall notify the applicant.

(i)

The director shall maintain a current list of review board members, and shall notify the FAC of all appointments to the review board.

(j)

The initial county appointments to the review board shall consist of five members whose terms expire the first Monday in January, 2001; four members whose terms expire the first Monday in January 2002; and four members whose terms expire the first Monday in January, 2003. Thereafter, members shall serve for terms of three years. When a member resigns or is removed from the board, a new member will be selected to serve for the remainder of the former member's term. No member shall be appointed more than three times, and no member shall be appointed to more than two three-year terms.

(k)

County appointees to the review board serve at the pleasure of the members of the FAC who represent the county. A county appointee to the review board:

(1)

May be removed from the review board without cause or notice upon mutual agreement of the county members of the FAC;

(2)

Shall be automatically removed from the review board if the member ceases to meet the qualifications set forth in Section 2.62.040;

(3)

Shall be automatically removed from the review board if the member has three unexcused absences from review board meetings, including training programs, or meetings of a panel during a calendar year. A member's absence at a review board meeting will be considered "unexcused" if the member failed to notify the director, in writing or by phone, prior to the meeting that he will not be attending.

(4)

Shall be automatically removed from the review board if the member declines three appointments to serve on a panel for reasons other than personal bias or conflict of interest unless a member of the FAC representing the entity through which the member was selected finds that the member had good cause for declining to serve on a panel;

(5)

Shall be automatically removed from the review board if the member fails to attend three successive meetings of a panel to which they have been appointed unless a member of the FAC representing the entity through which the member was selected finds that the member had good cause for failing to attend; or

(6)

Shall be automatically removed from the review board for violating the confidentiality provisions of Section 2.62.100(1).

(l)

Members of the review board shall serve without compensation, but may be entitled to reimbursement for expenses upon prior approval by both the board of county commissioners and the city council, or as otherwise provided by agreement between the county and the city.

(Ord. 2547 § 1, 2001: Ord. 2295 § 1 (part), 1999)

(Ord. No. 3749, § 1, 3-3-2009)