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AntiPolygraph.org Message Board › Polygraph and CVSA Forums › Polygraph Policy › Nevada Peace Officers May Refuse Polygraph

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Nevada Peace Officers May Refuse Polygraph (Read 3754 times)

George W. Maschke Global Moderator Offline Make-believe science yields make-believe security. Posts: 6211 Joined: Sep 29^th, 2000	Nevada Peace Officers May Refuse Polygraph Jun 13^th, 2001 at 6:02pm	Mark & Quote Quote Print Post
	Nevada Assembly Bill 282, which gives peace officers the right to refuse to submit to a lie detector "test" (and prohibits retaliation against those who refuse), passed overwhelmingly in both houses of the Nevada legislature and was approved by the governor on 5 June 2001. The bill also prohibits law enforcement agencies from forcing those who file complaints to submit to a lie detector "test" before investigating the allegations. A legislative history of AB 282 is posted on-line here: http://www.leg.state.nv.us/71st/Reports/history.cfm?ID=3986 ; and the amended text of the bill is available here: http://www.leg.state.nv.us/71st/bills/Amendments/A_AB282_467.html ;
	« Last Edit: Jun 14^th, 2001 at 12:39am by George W. Maschke »
	George W. Maschke I am generally available in the chat room from 3 AM to 3 PM Eastern time. Tel/SMS: 1-202-810-2105 (Please use Signal Private Messenger or WhatsApp to text or call.) E-mail/iMessage/FaceTime: antipolygraph.org@protonmail.com Wire: @ap_org Threema: A4PYDD5S Personal Statement: "Too Hot of a Potato"
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Nate User Offline Posts: 40 Joined: Mar 5^th, 2001 Gender:	Re: Nevada Peace Officers May Refuse Polygraph Reply #1 - Jun 14^th, 2001 at 12:22am	Mark & Quote Quote Print Post
	Sounds like great efforts, but to be honest, wouldn't the police department be biased towards the individuals that refused to submit versus the ones that complied? I mean if a police department asks a police officer to submit to one and they don't, I can see the PD looking at that as a sign of defiance towards orders and not disqualify him/her but give him the "better qualified applicant" letter on promotions. In essence it's like "pick your poison". Just some thoughts.

	“Whoever undertakes to set himself up as judge in the field of truth and knowledge is shipwrecked by the laughter of the Gods" &&&&-Albert Einstein &&
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Fred F. Very Senior User Offline Get Educated.... Knowledge is Power Posts: 225 Joined: Apr 4^th, 2001	Re: Nevada Peace Officers May Refuse Polygraph Reply #2 - Jun 14^th, 2001 at 3:16am	Mark & Quote Quote Print Post
	We need this to happen in California also. Nate, I see your point in that they possibly could be biased. However, if state grants and monies are at stake and enough compliance issues are raised, this would be troublesome to the PD's. Another thought would be that they can make those who refuse "pay" by giving them rotten shifts, refusing vacations, etc. This would be difficult to disprove. Fred F.


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G Scalabr Global Moderator Offline Posts: 358 Joined: Sep 29^th, 2000	Re: Nevada Peace Officers May Refuse Polygraph Reply #3 - Jun 14^th, 2001 at 5:03am	Mark & Quote Quote Print Post
	Regrettably, this legislation does not offer job applicants the same protection as those already hired. In California, we should insist that anti-polygraph legislation 1) Cover applicants as well as those already hired. 2) Deal with all employees, not just police officers. 3) Prevent an employer from even requesting that an employee or applicant submit to a "lie-detector" test. 5) Address the situations of those who have already been wronged by "lie-detection." This would mean re-instating the applications of those who were wrongly dismissed because of this tea leaf reading and possibly preventing agencies from sharing the fact that an applicant has failed a polygraph with other agencies.


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George W. Maschke Global Moderator Offline Make-believe science yields make-believe security. Posts: 6211 Joined: Sep 29^th, 2000	Re: Nevada Peace Officers May Refuse Polygraph Reply #4 - Jun 14^th, 2001 at 11:25am	Mark & Quote Quote Print Post
	Quote: We need this to happen in California also. Fred, Public safety officers in California have protections similar to those enacted in Nevada under Section 3307 of the California Government Code: Quote: 3307. (a) No public safety officer shall be compelled to submit to a lie detector test against his or her will. No disciplinary action or other recrimination shall be taken against a public safety officer refusing to submit to a lie detector test, nor shall any comment be entered anywhere in the investigator's notes or anywhere else that the public safety officer refused to take, or did not take, a lie detector test, nor shall any testimony or evidence be admissible at a subsequent hearing, trial, or proceeding, judicial or administrative, to the effect that the public safety officer refused to take, or was subjected to, a lie detector test. (b) For the purpose of this section, "lie detector" means a polygraph, deceptograph, voice stress analyzer, psychological stress evaluator, or any other similar device, whether mechanical or electrical, that is used, or the results of which are used, for the purpose of rendering a diagnostic opinion regarding the honesty or dishonesty of an individual. I agree with all the points Gino makes about additional protections that are needed. The protection against even being asked to submit to a lie detector "test" is an important one, because even if no written notes of an employee's refusal to submit are made, mental notes most certainly will be, and the kinds of hard-to-prove retaliation that Nate and Fred mentioned may follow.

	George W. Maschke I am generally available in the chat room from 3 AM to 3 PM Eastern time. Tel/SMS: 1-202-810-2105 (Please use Signal Private Messenger or WhatsApp to text or call.) E-mail/iMessage/FaceTime: antipolygraph.org@protonmail.com Wire: @ap_org Threema: A4PYDD5S Personal Statement: "Too Hot of a Potato"
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Nevada Peace Officers May Refuse Polygraph

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