Regulators support new standards on work cards

Friday, Aug. 9, 2002 | 11:02 a.m.

CARSON CITY -- A new state regulation on issuing work cards for casino employees was unveiled Thursday, and civil rights groups toned down their initial criticism of the measure.

There are some 255,000 employees in clubs who have work cards now, and about 75,000 are processed annually, according to the state Gaming Control Board.

Board member Bobby Siller said this new regulation will be more convenient for casino employees, less intrusive and less expensive.

"We're off to a real good start," he said.

Gary Peck, executive director of the American Civil Liberties Union in Nevada, told the board, "We support what we see." He had some minor objections but added the regulation "has moved in the right direction."

The board will hold another public hearing in Las Vegas and then send the regulation to the state Gaming Commission for approval. The 2001 Legislature directed state gaming regulators to develop a uniform work card statewide and that becomes effective in January 2003.

The proposed regulation sets standards for denial of a work card.

Peck and Tom Stoneburner of the Alliance for Workers Rights had complained previously that nobody should be denied a permit based on arrests, investigations or other charges that did not result in a guilty verdict in court, except where serious felony charges are pending.

Todd Westergard, an employee of the Control Board, explained that under the new regulation a work card could be denied if an applicant had been convicted within the past three years of misdemeanor theft-related or drug crimes. A person convicted in the last eight years of a felony or gross misdemeanor would also be denied. Denial would also be mandatory to those convicted of offenses related to gambling and those who made false statements in their applications.

Westergard said the present card-holders would be "grandfathered" in under the new regulations. Before they received their present card, they may have been convicted of one of the offenses listed, but that would not be used to stop them from renewing their cards, he said.

But if they were found guilty of any of the listed offenses since they received their present card, that offense could be used to reject a renewal application, he said.

Peck's major concern was a section in the new regulation concerning confidentiality of the information gathered in the work card application. He wanted tighter language in the regulation that this information could not be misused.

Peck said there have been problems with Metro Police using work card applications to build dossiers on people and deciding what other investigations to launch.

"It's a mess," Peck said, referring to the situation in Southern Nevada.

Board members appeared to feel the regulation covered that. It says information given to the state, county and city police agencies "shall remain confidential and shall not be used for any purpose other than the administration of work permits."

The law says the maximum cost for a work permit will be $75 and it will be good for five years. Those who have work cards must renew them five years from the date of issuance or upon their birthday in 2003, whichever is later.

An employee will not have to get a new work card at additional cost when he or she changes jobs or moves to another county, as is now the case.

The city or county will still issue the work permits, as they do now. The state will issue them only in those places that do not have a work card system. The state will still have the authority to object to approval of a local government of a work permit.

Although this was not included in the regulation, Peck raised the issue of another part of the law that gives the Control Board and Gaming Commission broad authority to conduct extensive investigations into a person's background. He said he was "deeply concerned there is no clear standards" to limit these investigations involving workers.

"This is very troubling and it opens up a can of worms," said Peck, who added he hoped the Control Board would look into this regulation and modify it.

Board Chairman Dennis Neilander said this law has been on the books since 1977 and it gives discretion to regulators.

Neilander said he may schedule another workshop to iron out some of the areas in the work card regulation and then hold another hearing before presenting it to the commission.