218E.090 - Rules and privileges governing certain state employees who testify on their own behalf; required disclosures; unlawful for state agency to take certain actions because of such testimony.
218E.090 Rules and privileges governing certain state employees who testify on their own behalf; required disclosures; unlawful for state agency to take certain actions because of such testimony.
1. An employee of a state agency who testifies before a House or committee of the Legislature on the employee’s own behalf and not on behalf of his or her employer shall, before commencing such testimony, state that fact clearly on the record.
2. It is unlawful for a state agency which is the employer of an employee who complies with subsection 1 and testifies or seeks to testify before a House or committee of the Legislature on the employee’s own behalf to:
(a) Deprive the employee of his or her employment or to take any reprisal or retaliatory action against the employee as a consequence of the testimony or potential testimony;
(b) Threaten the employee that the testimony or potential testimony will result in the termination of his or her employment or in any reprisal or retaliatory action against the employee; or
(c) Directly or indirectly intimidate, threaten, coerce, command or influence or attempt to intimidate, threaten, coerce, command or influence the employee in an effort to interfere with or prevent the testimony of the employee.
3. It is unlawful for a state agency to:
(a) Deprive or threaten to deprive an employee of his or her employment;
(b) Take or threaten to take any reprisal or retaliatory action against the employee; or
(c) Directly or indirectly intimidate, threaten, coerce, command or influence or attempt to intimidate, threaten, coerce, command or influence the employee,
Ê in an attempt to affect the behavior of another employee who is testifying or seeks to testify before a House or committee of the Legislature on the other employee’s own behalf.
4. The provisions of this section do not apply to an employee in the classified service who has not completed his or her probationary period.
5. For the purposes of this section:
(a) “Reprisal or retaliatory action” has the meaning ascribed to it in NRS 281.611.
(b) “State agency” means an agency, bureau, board, commission, department, division, officer, employee or agent or any other unit of the Executive Department of the State Government.
(Added to NRS by 1995, 1870; A 2001, 3052)—(Substituted in revision for NRS 218.5343)
NRS 218E.095 Unlawful for person to fail to obey summons, refuse to be sworn, affirm or testify or refuse to produce documents. Every person duly summoned to attend as a witness before either House of the Legislature, or any committee thereof authorized to summon witnesses, who shall refuse or neglect, without lawful excuse, to attend pursuant to such summons, or who shall willfully refuse to be sworn or to affirm or to answer any material or proper question or to produce, upon reasonable notice, any material or proper books, papers or documents in the possession or under the control of the person, shall be guilty of a gross misdemeanor.
[1911 C&P § 69; RL § 6334; NCL § 10018]—(Substituted in revision for NRS 218.550)