Policy 4-1-4: Nevadas Whistleblower Law

 

The Legislature has declared to be the public policy of this state that a state officer or employee is 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 who makes such a disclosure.

Improper governmental action means any action taken by a state officer or employee in the performance of his official duties, whether or not the action is within the scope of his employment, which is (1) in violation of any state law or regulation; (2) an abuse of authority; (3) of substantial and specific danger to the public health or safety; or (4) a gross waste of public money.

The Nevada Revised Statutes prohibit a state officer or employee from using his or her official authority or influence to intimidate, threaten, coerce, command, influence or attempt to intimidate, threaten, coerce, command or influence another state officer or employee in an effort to interfere with or prevent disclosure of information concerning improper governmental action.

The use of official authority or influence 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.

Western Nevada College encourages employees or other members of the WNC campus community to report suspected incidents of improper governmental action to the president's office. The president's office designee, in conjuction with general counsel, is charged with investigating and issuing a report detailing the outcome of the investigation. The president's office designee, in conjuction with general counsel provides the report to the college president or other appropriate NSHE representative. The president's office designee, in conjunction with general counsel, also informs the reporting individual of the outcome of the investigation.

If requested by the individual reporting such a possible violation, the president's office designee, in conjunction with general counsel, will preserve anonymity of the reporting individual.

In situations possibly involving the president's office designee or general counsel,  another college executive may initiate a similar process.

The Nevada Revised Statutes prohibit any reprisal or retaliatory action against a State officer or employee who discloses information concerning improper governmental action. A claim of reprisal retaliatory action must be submitted on the HR-53 form, Request for Hearing under the provisions of NRS 281.641 (Whistleblower Law) within the 10 working day filing pursuant to NAC 281.305. This form is obtained from the Nevada Department of Administration, Human Resource Management  775.684.0150 or from the WNC Human Resources office.

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