APPEALS—REPRISALS/RETALIATORY ACTION

Las Vegas Municipal Code tit. 3, ch. 3.28

in effect

Las Vegas Municipal Code § 3.28.010 Definitions.

3.28.010 - Definitions. "City employee" means any person who performs public duties under the direction and control of a City officer for compensation paid by or through the City. "City officer" means a person elected or appointed to a position with the City that involves the exercise of a local governmental power, trust or duty, including: (A) Actions taken in an official capacity which involve a substantial and material exercise of administrative discretion in the formulation of City policy; (B) The expenditure of City money; and (C) The enforcement of City ordinances and regulations. "Improper governmental action" means any action taken by a City officer or City employee in the performance of his or her official duties, whether or not the action is within the scope of his or her employment, which is: (A) In violation of any State law or regulation; (B) In violation of a City ordinance; (C) An abuse of authority; (D) Of substantial and specific danger to the public health or safety; or (E) A gross waste of public money. "Reprisal or retaliatory action" includes: (A) The denial of adequate personnel to perform duties; (B) Frequent replacement of members of the staff; (C) Frequent and undesirable changes in the location of an office; (D) The refusal to assign meaningful work; (E) The issuance of letters of reprimand or evaluations of poor performance; (F) A demotion; (G) A reduction in pay; (H) The denial of a promotion; (I) A suspension; (J) A dismissal; (K) A transfer; (L) Frequent changes in working hours or workdays; or (M) 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 City officer or employee disclosed information concerning improper governmental action. (Ord. No. 6401, § 2, 2-18-15)

Las Vegas Municipal Code § 3.28.020 Disclosure—Appeal of certain actions.

3.28.020 - Disclosure—Appeal of certain actions. A City officer or City employee who has disclosed information concerning improper governmental action and believes that, as a result of that disclosure, a reprisal or retaliatory action has been taken against the officer or employee, may file an appeal to determine whether reprisal or retaliatory action has been taken. The appeal must be filed not later than two years after the information is disclosed and not later than sixty days after the alleged reprisal or retaliatory action was taken against the officer or employee. (Ord. No. 6401, § 3, 2-18-15)

Las Vegas Municipal Code § 3.28.030 Filed in writing required.

3.28.030 - Filed in writing required. An appeal filed pursuant to Section 3.28.020 of this Chapter must be filed in writing with the City Manager. The appeal must include or contain a statement that sets forth with particularity: (A) The facts and circumstances under which the disclosure of improper governmental action was made; and (B) The reprisal or retaliatory action that is alleged to have been taken against the City officer or City employee. Upon receipt of a timely appeal, the matter shall be assigned to a hearing officer appointed pursuant to Section 2.22.100 of this Code. The hearing officer shall set a hearing date that is not later than twenty working days after the appeal was filed, unless the time limitation is waived, in writing, by the City officer or City employee or the hearing officer is unable to schedule a hearing within that period, in which case the hearing must be scheduled for the earliest possible date thereafter. Written notice of the time and place of the hearing must be given at least ten calendar days in advance. (Ord. No. 6401, § 4, 2-18-15)

Las Vegas Municipal Code § 3.28.040 Hearing.

3.28.040 - Hearing. At a hearing held pursuant to Section 3.28.030 of this Chapter: (A) The person filing the appeal may represent himself at the hearing or be represented by an attorney or other representative; (B) Technical rules of evidence do not apply; (C) The hearing officer may determine the order and conduct of the hearing, administer oaths and affirmations, and examine witnesses; (D) The hearing may be continued or recessed for good cause shown; (E) Upon application by the person filing the appeal or the person alleged to have taken reprisal or retaliatory action, the hearing officer may: (1) Issue subpoenas requiring the attendance and testimony of witnesses at the proceeding; (2) Direct that the person filing the appeal or the person alleged to have taken reprisal or retaliatory action participate in a discovery conference at which both persons and their counsel may put questions, receive answers, or request and receive copies of relevant documents or examine relevant documents and records and any other physical evidence which is intended to be used at the hearing. (Ord. No. 6401, § 5, 2-18-15)

Las Vegas Municipal Code § 3.28.050 Decision.

3.28.050 - Decision. After the hearing and consideration of the evidence, the hearing officer shall render a decision in writing, setting forth the reasons therefor. If the hearing officer determines that the action taken was a reprisal or retaliatory action, he or she may issue an order directing the proper person to desist and refrain from engaging in such action. (Ord. No. 6401, § 6, 2-18-15)

Source: City of Las Vegas, Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/nv/las_vegas/codes/code_of_ordinances?nodeId=TIT3PE_CH3.28APEPREACFetched: 10/28/2026