284.074 - Employee-Management Committee: Issuance and enforcement of subpoenas.
284.074 Employee-Management Committee: Issuance and enforcement of subpoenas.
1. In carrying out the provisions of subsection 5 of NRS 284.073, the Chair of the Employee-Management Committee may issue subpoenas to compel the attendance and testimony of a person that the Committee finds, based upon its information and belief, has direct personal knowledge of the issues presented in the grievance, and to compel the production of books, papers and other items that are relevant to a matter being investigated or considered by the Committee.
2. If a person named in a subpoena fails or refuses to attend or testify before the Committee, to answer any questions propounded by the Committee or to produce the books, papers or other items required by the subpoena, the Chair of the Committee may petition the district court to enter an order compelling the person to attend and testify before the Committee, to answer the questions propounded by the Committee or to produce the books, papers or other items required by the subpoena. The petition filed by the Chair must set forth that:
(a) Due notice has been given to the person named in the subpoena of the time and place for the person’s attendance and testimony before the Committee or for the production of the books, papers or other items required by the subpoena;
(b) The person has been subpoenaed by the Chair of the Committee pursuant to this section; and
(c) The person has failed or refused to attend or testify before the Committee, to answer certain questions propounded by the Committee or to produce the books, papers or other items required by the subpoena.
3. Upon such a petition, the court shall enter an order directing the person named in the subpoena to:
(a) Appear before the court at the place and time designated in the order. The time designated by the court must be not later than 10 days after the date of the order.
(b) Show cause why the person has failed or refused to attend or testify before the Committee, to answer the questions propounded by the Committee or to produce the books, papers or other items required by the subpoena.
Ê A certified copy of the order must be served upon the person named in the subpoena.
4. If it appears to the court that the subpoena was regularly issued by the Chair of the Committee and properly served, the court shall enter an order directing the person named in the subpoena to appear before the Committee at the place and time designated in the order and to testify before the Committee, to answer the questions propounded by the Committee or to produce the books, papers or other items required by the subpoena. Failure to obey the order constitutes contempt of court.
(Added to NRS by 2003, 2001)