NRS 281.621 Declaration of public policy. It is hereby declared to be the public policy of this state that a state officer or employee and a local governmental officer or employee are encouraged to disclose, to the extent not expressly prohibited by law, improper governmental action, and it is the intent of the Legislature to protect the rights of a state officer or employee and a local governmental officer or employee who makes such a disclosure.[emphasis added]

 

>Improper governmental action= is defined to include  A...any action taken by a state officer or employee or local governmental officer or employee in the performance of his official duties, whether or not the action is within the scope of his employment, which is:

 (a) In violation of any state law or regulation;
 (b) If the officer or employee is a local governmental officer or employee, in violation of an ordinance of the local government;
 (c) An abuse of authority;
 (d) Of substantial and specific danger to the public health or safety; or
 (e) A gross waste of public money.@

 

 II. All Nevada state and local government officers and employees are forbidden to intimidate, threaten, coerce or attempt to do the same, upon another Nevada state or local government officer or employee:

 NRS 281.631, 1. A state officer or employee and a local governmental officer or employee shall not directly or indirectly use or attempt to use his official authority or influence to intimidate, threaten, coerce, command, influence or attempt to intimidate, threaten, coerce, command or influence another state officer or employee or another local governmental officer or employee, as applicable, in an effort to interfere with or prevent the disclosure of information concerning improper governmental action.

 

 NRS 281.631 State or local governmental officer or employee prohibited from using authority or influence to prevent disclosure of improper governmental action by another state or local governmental officer or employee. [emphasis added].
 If a state or local government employee exercises his or her authority to retaliate against or bring reprisal to a state or local officer or employee who discloses improper government action, this statute provides for prosecution and punishment. Examples of retaliatory or reprisal actions forbidden under this statute are:

 (a) The denial of adequate personnel to perform duties;
 (b) Frequent replacement of members of the staff;
 (c) Frequent and undesirable changes in the location of an office;
 (d) The refusal to assign meaningful work;
 (e) The issuance of letters of reprimand or evaluations of poor performance;
 (f) A demotion;
 (g) A reduction in pay;

 (h) The denial of a promotion;
 (i) A suspension;
 (j) A dismissal;
 (k) A transfer;
 (l) Frequent changes in working hours or workdays; or
 (m) If the employee is licensed or certified by an occupational licensing board, the filing with that board, by or on behalf of the employer, of a complaint concerning the employee, if such action is taken, in whole or in part, because the state officer or employee or local governmental officer or employee disclosed information concerning improper governmental action.

 

III. Local governments may enact ordinances to extend protection against reprisal and retaliation:

 NRS 281.635 Local government authorized to enact ordinance providing greater protection to local governmental officers and employees against reprisal and retaliation.

 

IV. NRS 281.641‑645 provide for a hearing to adjudicate whether or not state or local government official or employee violated these provisions of this statue.

V. NRS 281.651 forbids untruthful use of these provisions to harass a state or local government official or employee.

VI. NRS 281.661 requires that current summary of these provisions be given each year to every State government officer or employee by the Director of the Department of Personnel, and to every local government officer or employee by the administrative head of that government.

VII. These provisions are directory and preventive; they do not abrogate punitive provisions of the NRS prescribing crimes and punishments.

 

                                                                           

                                                              The Text of the Law
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                          DISCLOSURE OF IMPROPER GOVERNMENTAL ACTION
                            [NRS 281.611 ‑ 671; this, below, is the full text of the statute]

NRS 281.611 Definitions. As used in NRS 281.611 to 281.671, inclusive, unless the context otherwise requires:

 1. >Improper governmental action=  means any action taken by a state officer or employee or local governmental officer or employee in the performance of his official duties, whether or not the action is within the scope of his employment, which is:

 (a) In violation of any state law or regulation;

 (b) If the officer or employee is a local governmental officer or employee, in violation of an ordinance of the local government;

 (c) An abuse of authority;

 (d) Of substantial and specific danger to the public health or safety; or

 (e) A gross waste of public money.

 2. >Local government= means a county in this State, an incorporated city in this State and Carson City.

 3. >Local governmental employee= means any person who performs public duties under the direction and control of a local governmental officer for compensation paid by or through a local government.

 4. >Local governmental officer= means a person elected or appointed to a position with a local government that involves the exercise of a local governmental power, trust or duty, including:

 (a) Actions taken in an official capacity which involve a substantial and material exercise of administrative discretion in the formulation of local governmental policy;

 (b) The expenditure of money of a local government; and

 (c) The enforcement of laws and regulations of the State or a local government.

 5. >Reprisal or retaliatory action= includes:

 (a) The denial of adequate personnel to perform duties;

 (b) Frequent replacement of members of the staff;

 (c) Frequent and undesirable changes in the location of an office;

 (d) The refusal to assign meaningful work;

 (e) The issuance of letters of reprimand or evaluations of poor performance;

 (f) A demotion;

 (g) A reduction in pay;

 (h) The denial of a promotion;

 (i) A suspension;

 (j) A dismissal;

 (k) A transfer;

 (l) Frequent changes in working hours or workdays; or

 (m) If the employee is licensed or certified by an occupational licensing board, the filing with that board, by or on behalf of the employer, of a complaint concerning the employee, if such action is taken, in whole or in part, because the state officer or employee or local governmental officer or employee disclosed information concerning improper governmental action.

 6. >State employee= means any person who performs public duties under the direction and control of a state officer for compensation paid by or through the State.

 7. >State officer= means a person elected or appointed to a position with the State which involves the exercise of a state power, trust or duty, including:

 (a) Actions taken in an official capacity which involve a substantial and material exercise of administrative discretion in the formulation of state policy;

 (b) The expenditure of state money; and

 (c) The enforcement of laws and regulations of the State.

 (Added to NRS by 1991, 1992; A 2001, 3049)

 NRS 281.621 Declaration of public policy. It is hereby declared to be the public policy of this state that a state officer or employee and a local governmental officer or employee are encouraged to disclose, to the extent not expressly prohibited by law, improper governmental action, and it is the intent of the Legislature to protect the rights of a state officer or employee and a local governmental officer or employee who makes such a disclosure.

 (Added to NRS by 1991, 1992; A 2001, 3050)

 NRS 281.631 State or local governmental officer or employee prohibited from using authority or influence to prevent disclosure of improper governmental action by another state or local governmental officer or employee.

 1. A state officer or employee and a local governmental officer or employee shall not directly or indirectly use or attempt to use his official authority or influence to intimidate, threaten, coerce, command, influence or attempt to intimidate, threaten, coerce, command or influence another state officer or employee or another local governmental officer or employee, as applicable, in an effort to interfere with or prevent the disclosure of information concerning improper governmental action.

 2. For the purposes of this section, use of ôofficial authority or influenceö includes taking, directing others to take, recommending, processing or approving any personnel action such as an appointment, promotion, transfer, assignment, reassignment, reinstatement, restoration, reemployment, evaluation or other disciplinary action.

 (Added to NRS by 1991, 1992; A 2001, 3050)

 NRS 281.635 Local government authorized to enact ordinance providing greater protection to local governmental officers and employees against reprisal and retaliation. A local government may enact by ordinance procedures that provide greater protection to local governmental officers and employees against reprisal and retaliation for the disclosure of improper governmental action than the protection provided in NRS 281.611 to 281.671, inclusive.

 (Added to NRS by 2001, 3048)

 NRS 281.641 Reprisal or retaliatory action against state officer or employee who discloses improper governmental action: Written appeal; hearing; order; negative ruling may not be based on identity of persons to whom disclosure was made; rules of procedure.

 1. If any reprisal or retaliatory action is taken against a state officer or employee who discloses information concerning improper governmental action within 2 years after the information is disclosed, the state officer or employee may file a written appeal with a hearing officer of the Department of Personnel for a determination of whether the action taken was a reprisal or retaliatory action. The written appeal must be accompanied by a statement that sets forth with particularity:

 (a) The facts and circumstances under which the disclosure of improper governmental action was made; and

 (b) The reprisal or retaliatory action that is alleged to have been taken against the state officer or employee.

 1. The hearing must be conducted in accordance with the procedures set forth in NRS 284.390 to 284.405, inclusive, and the procedures adopted by the Personnel Commission pursuant to subsection 4.

 2. If the hearing officer determines that the action taken was a reprisal or retaliatory action, he may issue an order directing the proper person to desist and refrain from engaging in such action. The hearing officer shall file a copy of his decision with the Governor or any other elected state officer who is responsible for the actions of that person.

 3. The hearing officer may not rule against the state officer or employee based on the person or persons to whom the improper governmental action was disclosed.

 4. The Personnel Commission may adopt rules of procedure for conducting a hearing pursuant to this section that are not inconsistent with the procedures set forth in NRS 284.390 to 284.405, inclusive.

 (Added to NRS by 1991, 1993; A 1995, 347; 2001, 3050)

 NRS 281.645 Reprisal or retaliatory action against local governmental officer or employee who discloses improper governmental action: Procedures for hearing appeals established by ordinance; contents of ordinance.

 1. A local government shall, by ordinance, establish procedures for hearing an appeal from a local governmental officer or employee who:

 (a) Disclosed information concerning improper governmental action; and

 (b) Believes that as a result of that disclosure, a reprisal or retaliatory action has been taken against him, to determine whether a reprisal or retaliatory action has been taken against the local governmental officer or employee. The procedures must allow a local governmental officer or employee to file an appeal not later than 2 years after the information is disclosed and require the local governmental officer or employee who desires to file an appeal to file the appeal within 60 days after the alleged reprisal or retaliatory action was taken against him.

 2. An ordinance adopted pursuant to subsection 1 must:

 (a) Prescribe the required contents of an appeal;
 (b) Provide for the designation or appointment of hearing officers to hear such appeals; and
 (c) Provide that if a hearing officer determines that the action taken was a reprisal or retaliatory action, he may issue an order directing the proper person to desist and refrain from engaging in such action.

 (Added to NRS by 2001, 3048)

 NRS 281.651 Use of provisions for harassment prohibited; disciplinary procedures authorized for disclosure of untruthful information.