Senate Bill No. 96–Committee on Commerce and
Labor
February 9, 2001
____________
Referred to Committee on Government Affairs
SUMMARY—Makes various changes to provisions
relating to disclosure of improper governmental action. (BDR 23‑450)
FISCAL NOTE: Effect on Local Government: No.
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EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along
left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
AN ACT relating to state government; authorizing certain state officers and employees to
file a complaint with a hearing officer of the department of personnel if
another state officer or employee uses or attempts to use official authority or
influence to interfere with or prevent the disclosure of improper governmental
action; requiring the hearing officer to conduct a hearing to determine whether
the officer or employee has used official authority or influence for such purpose;
requiring the hearing officer to file his decision with certain persons; and
providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1 Section 1. NRS 281.611
is hereby amended to read as follows:
1-2 281.611 As used in NRS
281.611 to 281.671, inclusive, unless the
1-3 context otherwise requires:
1-4 1. “Disclose” or “disclosure” includes, without limitation, the
1-5 making of any communication, not expressly prohibited by law, by a
state
1-6 officer or employee to any other person at any time in a manner
which
1-7 clearly communicates to the recipient of the communication that the
1-8 officer or employee is not expressing the policy or position of his
1-9 employer.
1-10 2. “Improper governmental action” means any action taken by a state
1-11 officer or employee in the
performance of his official duties, whether or
1-12 not the action is within the
scope of his employment, which is:
1-13 (a) In violation of any state law or regulation;
1-14 (b) An abuse of authority;
1-15 (c) Of substantial and specific danger to the public health or
safety; or
1-16 (d) A gross waste of public
money.
1-17 [2.] 3. “Personnel commission” means the commission
created
1-18 pursuant to NRS 284.030.
2-1 4. “State employee” means any person who performs
public duties
2-2 under the direction and
control of a state officer for compensation paid by
2-3 or through the state.
2-4 [3.] 5. “State officer” means a person elected or
appointed to a
2-5 position with the state
which involves the exercise of a state power, trust or
2-6 duty, including:
2-7 (a) Actions taken in an official capacity which involve a
substantial and
2-8 material exercise of
administrative discretion in the formulation of state
2-9 policy;
2-10 (b) The expenditure of state money; and
2-11 (c) The enforcement of laws and regulations of the state.
2-12 Sec. 2. NRS 281.631 is hereby amended to read as follows:
2-13 281.631 1. A state officer or employee shall not
directly or indirectly
2-14 use or attempt to use his
official authority or influence to intimidate,
2-15 threaten, coerce, command,
influence or attempt to intimidate, threaten,
2-16 coerce, command or influence
another state officer or employee in an effort
2-17 to interfere with or prevent
the disclosure of information concerning
2-18 improper governmental
action.
2-19 2. [For the purposes of this section, use of “official authority
or
2-20 influence” includes taking, directing others to take, recommending,
2-21 processing or approving any personnel action such as an appointment,
2-22 promotion, transfer, assignment, reassignment, reinstatement,
restoration,
2-23 reemployment, evaluation or other disciplinary action.] If a state
officer or
2-24 employee uses or attempts to use his official authority or
influence in a
2-25 manner prohibited by subsection 1, the state officer or employee
against
2-26 whom the authority or influence is used in such a manner may file a
2-27 written complaint with a hearing officer of the department of
personnel
2-28 for a determination of whether the provisions of subsection 1 have
been
2-29 violated. The written complaint must be accompanied by a statement
that
2-30 sets forth with particularity the facts and circumstances of the
action that
2-31 was taken which allegedly interfered with or prevented the
disclosure of
2-32 information concerning improper governmental action.
2-33 3. Within 20 working days after receiving a
complaint that complies
2-34 with the requirements of subsection 2, the hearing officer shall
conduct a
2-35 hearing to determine whether the provisions of subsection 1 have
been
2-36 violated. The hearing must be conducted in accordance with the
2-37 procedures set forth in NRS 284.390 to 284.405, inclusive, and any
2-38 procedures adopted by the personnel commission pursuant to
subsection
2-39 5.
2-40 4. If the hearing officer decides that a violation
of subsection 1
2-41 occurred, he shall issue an order directing the proper person to
rescind
2-42 the action constituting the violation of subsection 1 and to desist
and
2-43 refrain from engaging in such action in the future. The hearing
officer
2-44 shall file a copy of his decision with the governor or any other
elected
2-45 state officer who is responsible for the actions of that person.
2-46 5. The personnel commission may adopt rules of
procedure for
2-47 conducting a hearing pursuant to this section that are not
inconsistent
2-48 with the procedures set forth in NRS 284.390 to 284.405, inclusive.
3-1 Sec. 3. This act becomes effective on July 1, 2001.
3-2 H