Section 289.080 - Right to presence and assistance of representatives at interview, interrogation or hearing relating to investigation; confidential information; disclosure; record of interview, interrogation or hearing; right of subject of investigation to notice of intent to recommend punitive action, to submit response to such recommendation and to review and copy investigation file upon appeal1. Except as otherwise provided in subsection 5, a peace officer who is the subject of an investigation conducted pursuant to NRS 289.057 may upon request have two representatives of the peace officer's choosing present with the peace officer during any phase of an interrogation or hearing relating to the investigation, including, without limitation, a lawyer, a representative of a labor union or another peace officer.2. Except as otherwise provided in subsection 5, a peace officer who is a witness in an investigation conducted pursuant to NRS 289.057 may upon request have two representatives of the peace officer's choosing present with the peace officer during an interview relating to the investigation, including, without limitation, a lawyer, a representative of a labor union or another peace officer. The presence of the second representative must not create an undue delay in either the scheduling or conducting of the interview.3. A representative of a peace officer must assist the peace officer during the interview, interrogation or hearing.4. The law enforcement agency conducting the interview, interrogation or hearing shall allow a representative of the peace officer to explain an answer provided by the peace officer or refute a negative implication which results from questioning of the peace officer but may require such explanation to be provided after the agency has concluded its initial questioning of the peace officer.5. A representative must not otherwise be connected to, or the subject of, the same investigation.6. Any information that a representative obtains from the peace officer who is a witness concerning the investigation is confidential and must not be disclosed.7. Any information that a representative obtains from the peace officer who is the subject of the investigation is confidential and must not be disclosed except upon the: (a) Request of the peace officer; or(b) Lawful order of a court of competent jurisdiction. A law enforcement agency shall not take punitive action against a representative for the representative's failure or refusal to disclose such information.
8. The peace officer, any representative of the peace officer or the law enforcement agency may make a stenographic, digital or magnetic record of the interview, interrogation or hearing. If the agency records the proceedings, the agency shall at the peace officer's request and expense provide a copy of the: (a) Stenographic transcript of the proceedings; or(b) Recording on the digital or magnetic tape.9. After the conclusion of the investigation, if a law enforcement agency intends to recommend that punitive action be imposed against the peace officer who was the subject of the investigation, the law enforcement agency must notify the peace officer of such fact and give the peace officer or any representative of the peace officer a reasonable opportunity to inspect any evidence in the possession of the law enforcement agency and submit a response. The law enforcement agency must consider any such response before making a recommendation to impose punitive action against the peace officer. If the law enforcement agency recommends punitive action be imposed against the peace officer and the peace officer appeals the recommendation to impose punitive action, the peace officer or any representative of the peace officer may review and copy the entire file concerning the internal investigation, including, without limitation, any evidence, recordings, notes, transcripts of interviews and documents contained in the file.Added to NRS by 1983, 2098; A 1991, 647; 1993, 2380; 2005, 623; 2011, 1752; 2019, 2662; 2020, 32nd Special Session, 77Amended by 2020SP2, Ch. 6,§3, eff. 8/4/2020.Amended by 2019, Ch. 430,§6, eff. 7/1/2019.Added to NRS by 1983, 2098; A 1991, 647; 1993, 2380; 2005, 623; 2011, 1752