NAC284.718. Confidential records.  


Latest version.
  •      1. The following types of information, which are maintained by the Division of Human Resource Management or the personnel office of an agency, are confidential:

         (a) Information relating to salaries paid in other than governmental employment which is furnished to the Division of Human Resource Management on the condition that the source remain confidential;

         (b) Any document which is used by the Division of Human Resource Management or an agency in negotiations with employees or their representatives which has not been made public by mutual agreement;

         (c) The rating and remarks concerning an applicant by the individual members of the board or assessors of a center for assessment;

         (d) Any document which is used by the Division of Human Resource Management or an agency in the process of interviewing an applicant, including, without limitation, a document containing interview questions, evaluation tools used for rating applicants and any notes concerning an applicant that were taken by a person as part of the process of rating an applicant;

         (e) Materials used in examinations, including suggested answers for oral examinations;

         (f) Records and files maintained by an employee assistance program offered by the State of Nevada;

         (g) Reports by employers, appointing authorities or law enforcement officials concerning the hiring, promotion or background of applicants, eligible persons or employees;

         (h) The class title and agency of an employee whose name is excluded from the official roster, as provided in subsection 3 of NAC 284.714, when an inquiry concerning the employee is received;

         (i) Any information contained on a person’s application or relating to his or her status as an eligible person; and

         (j) Information in the file or record of employment of a current or former employee which relates to the employee’s:

              (1) Performance;

              (2) Conduct, including any disciplinary actions taken against the employee;

              (3) Usage or balance of his or her annual leave and sick leave;

              (4) Race, ethnic identity or affiliation, sex, genetic information, disability or date of birth;

              (5) Home telephone number; or

              (6) Social security number.

         2. If the employee has requested that his or her personal mailing address be listed as confidential, the employee’s file must be so designated and list his or her business address.

         3. The name of any beneficiary of an employee contained in the payroll document must not be released to anyone unless:

         (a) The employee dies; or

         (b) The employee signs a release.

         4. Any records in the possession of the Committee on Catastrophic Leave created pursuant to NRS 284.3627 that reveal the health, medical condition or disability of a current or former employee or a member of his or her immediate family are confidential.

         5. Any notes, records, recordings or findings of an investigation conducted by the Division of Human Resource Management relating to sexual harassment or discrimination, or both, and any findings of such an investigation that are provided to an appointing authority are confidential.

         6. Any notes, records, recordings, findings or other information obtained from an organizational climate study that directly relate to an employee’s performance or conduct are confidential.

         7. Any notes, records, recordings, findings or other information obtained from an internal study conducted by an agency that directly relate to an employee’s performance or conduct are confidential.

     [Personnel Div., Rule XVI part § C, eff. 8-11-73]—(NAC A by Dep’t of Personnel, 8-28-85; 7-21-89; 7-6-92; 11-12-93; R058-01, 9-6-2001; A by Personnel Comm’n by R068-03, 10-30-2003; R182-03, 1-27-2004; R024-05, 10-31-2005; R141-07, 1-30-2008; R065-09, 10-27-2009; R055-10, 6-30-2010; R137-12 & R045-13, 10-23-2013)