Douglas County District Attorney
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Title 1 General Provisions
Title 2 Administration and Personnel
2.02 County Personnel Regulations
2.03 Judicial Services Department
2.04 Board of County Commissioners
2.05 Whistle Blower Protection
2.06 Planning Commission
2.08 Employee Travel Expenses
2.16 Department of Community Development
2.20 Division of Social Services
2.22 Public Guardian's Office
2.24 Local Emergency Management Agency
2.26 China Spring Youth Camp
2.28 Genoa Historic District Commission
2.32 Regional Street and Highway Commission
2.36 Wage Claims
2.44 County Driving Policy
2.50 Douglas County Law Library
2.52 Cave Rock Water Advisory Board
2.54 Skyland Water Advisory Board
2.56 Water Conveyance Advisory Committee
2.58 Douglas County Airport Advisory Committee
2.60 Appraisers of County Property
Title 3 Revenue and Finance
Title 5 Business Licenses and Regulations
Title 6 Animals
Title 8 Health and Safety
Title 9 Criminal Code
Title 10 Vehicles and Traffic
Title 12 Streets and Other Public Places
Title 13 Parks
Title 14 Airports
Title 18 Town Annexation and Service Districts
Title 19 Initiative Ordinances
Title 20 Consolidated Development Code
Effective Date
Table of Ordinances
Index



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County Codes
Title 2 Administration and Personnel
2.05 Whistle Blower Protection
2.05.010 Definitions
2.05.020 Appointment and authority of hearing officer
2.05.030 Written appeal by officer or employee who claims retaliatory action was taken
2.05.040 Procedures for conduct of hearing on written appeal
2.05.050 Prohibitions and applications

2.05.010 Definitions
The following words and phrases used in this chapter shall have the following meanings: 
    A. "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: 
        1.  In violation of any state law or regulation; 
        2.  If the officer or employee is a local governmental officer or employee, in violation of an ordinance of the local government; 
        3.  An abuse of authority;    
        4.  Of substantial and specific danger to the public health or safety; or 
        5.  A gross waste of public money.
    B.  "Local government" means Douglas County. 
    C.  "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. 
    D. '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: 
        1.  Actions taken in an official capacity which involve a substantial and material exercise of administrative discretion in the formulation of local governmental policy; 
        2.  The expenditure of money of a local government; and 
        3.  The enforcement of laws and regulations of the state or a local government.
    E. "Reprisal" or "retaliatory action" includes: 
        1.  The denial of adequate personnel to perform duties; 
        2.  Frequent replacement of members of the staff; 
        3.  Frequent and undesirable changed in the location of an office; 
        4.  The refusal to assign meaningful work; 
        5.  The issuance of letters of reprimand or evaluations of poor performance; 
        6.  A demotion; 
        7.  A reduction in pay; 
        8.  The denial of a promotion;     
        9.  A suspension; 
        10.  A dismissal; 
        11.  A transfer; 
        12.  Frequent changes in working hours or workdays; or 
        13.  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 local governmental officer or employee disclosed information concerning improper governmental action. (Ord. 988, 2001)
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2.05.020 Appointment and authority of hearing officer
    A. The board will periodically appoint a hearing officer or a panel of hearing officers from recommendations made by the county manager. The county manager shall also provide each employee a summary of these provisions. 
    B.  If the hearing officer determines that the action taken was a reprisal or retaliatory action, the hearing officer may issue an order directing the proper person to desist and refrain from engaging in such action. (Ord. 988, 2001)
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2.05.030 Written appeal by officer or employee who claims retaliatory action was taken
    A.  A local officer or employee who claims a reprisal or retaliatory action was taken against him for disclosing information concerning improper governmental action may file a written appeal pursuant to NRS chapter 281 with the human resources manager. The appeal must be: 
        1.  Filed within 60 workdays after the date the alleged reprisal or retaliatory action took place. 
        2.  Submitted on a form provided by human resources manager.
    B.  The hearing officer may reject a form that is incomplete or otherwise deficient as insufficient to commence the appeal. (Ord. 988, 2001)
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2.05.040 Procedures for conduct of hearing on written appeal
    A. The provisions of this section govern the procedure for conducting a hearing for a written appeal filed pursuant to NRS chapter 281. 
    B. A party may appear in person and may be represented by an attorney or another person of his choice, if the party chooses not to represent himself. 
    C. All testimony must be under oath administered by the hearing officer. 
    D. The appeal must be heard in the following manner: 
        1.  The opening statement for the officer of employee.     
        2.  The opening statement for the employer, unless reserved. 
        3.  Presentation of the officer’s or employee’s case, followed by cross-examination. The state officer or employee must establish that: 
            a.  He was an officer or employee on the date of the alleged reprisal or retaliatory action; 
            b.  He disclosed information concerning improper governmental action; and
            c.  The alleged reprisal or retaliatory action was taken against him within 2 years after the date he disclosed the information concerning improper governmental action. 
            d. If the officer or employee establishes the facts set forth in paragraph (c), presentation of the employer’s case, followed by cross-examination, to establish that the employer did not engage in the alleged reprisal or retaliatory action or that the action was taken for a legitimate business purpose and was not the result of the disclosure of information concerning improper governmental action by the officer or employee. 
            e. If the employer establishes a legitimate business purpose for the alleged reprisal or retaliatory action, the officer or employee may introduce evidence, followed by cross examination, to demonstrate that the stated business purpose is a pretext for the reprisal or retaliatory action.
        4.  The parties may respectively offer rebutting testimony only, unless the hearing officer permits additional evidence upon the original cause. 
        5.  The argument for the officer or employee. 
        6.  The argument for the employer. 
        7.  The closing argument for the state officer or employee. 
        8.  Submission of the appeal for a decision.
    E.  The hearing officer shall convene the hearing at the time and place specified for the purpose of hearing the appeal. 
    F.  Written notice of the time and place of the hearing must be given to the parties at least 10 days in advance. The notice must contain the information required for a party to request reasonable accommodation. 
    G.  The hearing officer shall provide reasonable accommodation to a party with a disability who requests such accommodation within the time sufficient to make the accommodation. 
    H.  Hearings may be continued beyond the period originally scheduled or recessed until a future date which is agreeable to the hearing officer and the parties if good cause is shown. 
    I.  Except as otherwise provided in subsection J, all hearings on appeals must be open to the public. 
    J.  On the motion of either party, the hearing officer shall exclude from the hearing room witnesses in the matter not at the time under examination except the parties to the proceeding. No hearing may be closed to the public except on motion of either party for good cause shown. 
    K.  A document or piece of physical evidence sought to be introduced during the hearing must first be identified for the record and the hearing officer may request the production of such records and the appearance of such person s as he requires. 
    L.  The hearing officer shall determine the evidence upon the charges and specifications as set forth by the appeal document, and shall not consider any additional evidence beyond the scope of the charges. 
    M.  An employer’s or employee’s past performance by way of an act or a failure to act may be shown by competent evidence. 
    N.  All testimony and exhibits offered at the hearing must be relevant and bear upon the matter in contention. Any testimony or exhibits which are considered by the hearing officer as not meeting this criterion may properly be excluded. 
    O.  The hearing officer shall also consider the objection of either side to the introduction of evidence. Competence and relevance must be the primary test in ruling on objections. 
    P. Decision must be based on evidence presented. The hearing officer shall be guided in his decision by the weight of the evidence as it appears to him at the hearing. 
    Q. Any letter, paper or object offered in evidence must be properly authenticated. The representative for the opposing party is entitled to examine the exhibit when it is offered. (Ord. 988, 2001)
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2.05.050 Prohibitions and applications
    A.  An officer or employee shall not directly or indirectly use or attempt to use the officer’s or employee’s 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. 
    B.  For the purposes of this section, use of “official authority or influence” including 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. 
    C.  A state officer or employee or a local governmental officer or employee shall not use these provisions to harass another officer or employee. 
    D.  These provisions do not prohibit an officer or employee from initiating proper disciplinary procedures against another state officer or employee or another local governmental officer or employee, as applicable, who disclosed untruthful information concerning improper governmental action. 
    E.  These provisions are intended to be directory and preventive rather than punitive, and do not abrogate or decrease the effect of any of the provisions of state statutes or county code which define or prescribe punishments with respect to the conduct of officers or employees. (Ord. 988, 2001)
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