Existing law encourages state officers and employees to disclose improper action and protects the rights of a state officer or employee who makes such a disclosure, commonly known as a whistleblower. (NRS 281.611, 281.621, 281.631, 281.641, 281.651, 281.661, 281.671) Existing law further: (1) requires a state officer or employee to use his or her official authority or influence to remedy any reprisal or retaliatory action of which the officer or employee becomes aware; and (2) prohibits a state officer or employee from using or attempting to use his or her official authority or influence to intimidate, threaten, coerce, command or influence another state officer or employee in an effort to interfere with or prevent the disclosure of information concerning improper governmental action. (NRS 281.631) If any violation of these requirements or prohibitions occur or any alleged reprisal or retaliatory action is taken against a state officer or employee who discloses information concerning improper action within 2 years after the information is disclosed, existing law authorizes the state officer or employee to file a written appeal with a hearing officer of the Personnel Commission of the Division of Human Resource Management of the Department of Administration. (NRS 281.641) This bill requires that any such written appeal be filed not later than 60 working days after the date on which the alleged violation or reprisal or retaliatory action occurred. Existing law authorizes a hearing officer who hears an appeal relating to alleged reprisal or retaliatory action against a state officer or employee for disclosing improper governmental action, upon determining that certain violations occurred or an action taken was a reprisal or retaliatory action to: (1) issue an order directing the proper person to desist and refrain from engaging in such a violation or action; or (2) terminate the employment of the proper person. (NRS 281.641) This bill eliminates the authority of a hearing officer to order the termination of employment of the proper person.

Statutes affected:
As Introduced: 281.641
Reprint 1: 281.641
As Enrolled: 281.641
BDR: 281.641