284.1729 - Limitations and requirements for hiring consultants; approval by Interim Finance Committee; contracts with temporary employment service; reports to Interim Finance Committee.
284.1729 Limitations and requirements for hiring consultants; approval by Interim Finance Committee; contracts with temporary employment service; reports to Interim Finance Committee.
1. Except as otherwise provided in this section, a department, division or other agency of this State shall not employ, by contract or otherwise, a person to provide services as a consultant for the agency if:
(a) The person is a current employee of an agency of this State;
(b) The person is a former employee of an agency of this State and less than 1 year has expired since the termination of the person’s employment with the State;
(c) Except as otherwise provided in paragraph (d), the term of the contract is for more than 2 years, or is amended or otherwise extended beyond 2 years; or
(d) The person is employed by the Department of Transportation for a transportation project that is federally funded and the term of the contract is for more than 4 years, or is amended or otherwise extended beyond 4 years,
Ê unless, before the person is employed by the agency, the Interim Finance Committee approves the employment of the person.
2. The provisions of paragraph (b) of subsection 1 apply to employment through a temporary employment service. A temporary employment service providing employees for a state agency shall provide the agency with the names of the employees to be provided to the agency. The Interim Finance Committee shall not approve the employment of a consultant pursuant to paragraph (b) of subsection 1 unless the Interim Finance Committee determines that one or more of the following circumstances exist:
(a) The person provides services that are not provided by any other employee of the agency or for which a critical labor shortage exists; or
(b) A short-term need or unusual economic circumstance exists for the agency to employ the person as a consultant.
3. A department, division or other agency of this State may employ a person pursuant to paragraph (a) or (b) of subsection 1 without obtaining the approval of the Interim Finance Committee if the term of employment is for less than 4 months and the executive head of the department, division or agency determines that an emergency exists which necessitates the employment. If a department, division or agency employs a person pursuant to this subsection, the department, division or agency shall include in the report to the Interim Finance Committee pursuant to subsection 4 a description of the emergency.
4. Except as otherwise provided in subsection 7, a department, division or other agency of this State shall report to the Interim Finance Committee whenever it employs, by contract or otherwise, a person to provide services as a consultant for the agency who is a former employee of a department, division or other agency of this State.
5. Except as otherwise provided in subsection 7, a department, division or other agency of this State shall not contract with a temporary employment service unless the contracting process is controlled by rules of open competitive bidding.
6. Each board or commission of this State, each school district in this State and each institution of the Nevada System of Higher Education that employs a consultant shall, at least once every 6 months, submit to the Interim Finance Committee a report setting forth:
(a) The number of consultants employed by the board, commission, school district or institution;
(b) The purpose for which the board, commission, school district or institution employs each consultant;
(c) The amount of money or other remuneration received by each consultant from the board, commission, school district or institution; and
(d) The length of time each consultant has been employed by the board, commission, school district or institution.
7. The provisions of subsections 1 to 5, inclusive, do not apply to the:
(a) Nevada System of Higher Education or a board or commission of this State.
(b) Employment of professional engineers by the Department of Transportation if those engineers are employed for a transportation project that is federally funded.
8. For the purposes of this section, “consultant” includes any person employed by a business or other entity that is providing consulting services if the person will be performing or producing the work for which the business or entity is employed.
(Added to NRS by 2009, 2066)