IMPROPER GOVERNMENTAL ACTION

Reno Administrative Code tit. 2, ch. 2.24, art. II

in effect

Reno Administrative Code § 2.24.200 Definitions.

Sec. 2.24.200. - Definitions. The following words and phrases, when used in this article shall have the meanings respectively ascribed to them: 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: (1) Actions taken in an official capacity which involve a substantial and material exercise of administrative discretion in the formulation of city policy; and (2) The expenditure of money; and (3) The enforcement of state law, regulation and city ordinances. 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. Improper governmental action means any action taken by a city officer or employee in the performance of the city officer's or employee's official duties, whether or not the action is within the scope of employment of the city officer or employee, which is: (1) In violation of any state law or regulation, including the city Charter; (2) In violation of an ordinance of the City of Reno; (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. 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. 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 changes 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 city officer or 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 city officer or 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. 6474, § 1, 7-18-18)

Reno Administrative Code § 2.24.210 Policy.

Sec. 2.24.210. - Policy. To the extent not expressly prohibited by law, it is hereby declared to be the public policy of the city council that city officers and employees are encouraged to disclose improper governmental action, and it is the intent of the city council to protect the rights of any city officer or employee who makes such a disclosure. A city officer or employee shall not directly or indirectly use or attempt to use the official authority or influence of the city officer or employee to intimidate, threaten, coerce, command, influence or attempt to intimidate, threaten, coerce, command or influence another city officer or employee, as applicable, in an effort to interfere with or prevent the disclosure of information concerning improper governmental action. The city council is committed to enforcing this policy. However, the effectiveness of city efforts depends largely on city officers and employees notifying the proper authorities about improper or unlawful governmental action. If a city officer or employee witnesses conduct that violates this policy, it should be reported immediately. If city officers or employees do not report improper governmental action, the city council or city manager, as applicable, may not become aware of a possible violation of this policy and may not be able to take appropriate corrective action. (Ord. No. 6474, § 1, 7-18-18)

Reno Administrative Code § 2.24.220 Complaint procedure.

Sec. 2.24.220. - Complaint procedure. (a) Except as otherwise provided by law, if a city officer or employee witnesses conduct that they believe violates this policy, the city officer or employee should promptly contact the director of human resources, ideally within ten days of the offending conduct. (b) Although not mandatory to use, a complaint form is available at the human resources department with which to make a complaint. City officers or employees may also use the published city employee tip line or the electronic tip submission form to make a complaint. Any oral or written complaint should be candid, truthful, and as detailed as possible, including the names of all individuals involved and any witnesses. Any manager or supervisor who observes a city officer or employee engage in improper governmental action must report the conduct to the director of human resources so that an investigation can be made and corrective action taken, if appropriate. (c) Upon receiving the complaint, the director of human resources will notify the city manager or mayor, as applicable, and will consult with the city attorney or special counsel, as appropriate and/or required. The mayor may place the city manager or city clerk on paid administrative leave for the duration of the investigation as circumstances warrant. If the matter involves the mayor, a city council member, city manager, city attorney or city clerk, either the city attorney or the city manager, as applicable, will promptly inform the city council of the complaint and the plan for the investigation, ideally within ten days. The city council shall be regularly apprised of the status of the investigation. (d) The director of human resources will ensure that a prompt and thorough investigation is conducted. The city will directly and thoroughly investigate the facts and circumstances of all allegations of perceived improper governmental action. At a minimum, the final investigative report will contain: (i) a summary of the issues raised; (ii) the relevant facts; (iii) the methodology used to conduct the investigation; (iv) the scope of the investigation; (v) applicable law and applicable city policies; (vi) its findings; and (vii) any recommendations, if applicable and appropriate. (e) Upon completion, the final investigative report shall be provided to city council. (f) If the allegations are not confirmed, the director of human resources will follow up with the city officer or employee named in the complaint to inform him or her that the allegations have not been confirmed. The director of human resources will remind the city officer or employee named in the complaint that allegations of improper governmental action are taken seriously. The director of human resources will provide the city officer or employee with a copy of the written policies and remind the city officer or employee that retaliation against the complaining city officer or employee is prohibited. (g) If the allegations are confirmed, the city manager or city council, as applicable, will assess the options, determine the range of available corrective measures and impose appropriate discipline. The director of human resources will document all disciplinary and corrective measures taken. Thereafter, the director of human resources will follow up with the complaining city officer or employee to inform him or her that the allegations have been investigated, a conclusion has been reached and, if appropriate, action has been taken where necessary. The director of human resources will explain to the complaining city officer or employee how the action taken has remedied the problem. (Ord. No. 6474, § 1, 7-18-18)

Reno Administrative Code § 2.24.230 Special counsel.

Sec. 2.24.230. - Special counsel. The mayor or the city manager shall have the ability to request, and the city council may authorize the mayor or the city manager on behalf of the city council to employ special counsel to perform the civil duties of the city attorney under this article on an as-needed basis pursuant to Reno City Charter, article 3, § 3.070. The city manager shall have the ability to request, and the city council shall authorize the city attorney to employ special counsel to perform the civil duties of the city attorney under this article on an as-needed basis pursuant to NRS 41.0344. (Ord. No. 6474, § 1, 7-18-18)

Reno Administrative Code § 2.24.240 Confidentiality.

Sec. 2.24.240. - Confidentiality. City officers and employees are requested to cooperate fully in any investigation and use their best judgment and discretion when discussing the investigation with others. The investigative team for the City of Reno will work to maintain confidentiality to the extent possible throughout any investigation; however, complete confidentiality cannot be guaranteed. Any information revealed during the course of an investigation will be provided to individuals identified as those who have a need to know. (Ord. No. 6474, § 1, 7-18-18)

Reno Administrative Code § 2.24.250 Retaliation prohibited; appeal.

Sec. 2.24.250. - Retaliation prohibited; appeal. (a) The City of Reno expressly prohibits any form of reprisal or retaliatory action for good faith reporting of incidents of improper governmental action or cooperating in related investigations. Any retaliatory conduct of any kind should be reported to the director of human resources. (b) If a city officer or employee 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 city officer or employee, the city officer or employee may submit a request for a hearing by filing a complaint with the director of human resources in accordance with section 2.24.220 not later than two years after the information is disclosed and within 60 days after the alleged reprisal or retaliatory action was taken. (c) A special administrative hearing officer shall be appointed to hear the matter detailed in the request for a hearing in accordance with RMC Title 1, Chapter 1.05, Art. VI (administrative hearings). Upon completion, the final investigative report shall be provided to the hearing officer. (d) If the special administrative hearing officer determines that the action taken by the city officer or employee named in the request for hearing was a reprisal or retaliatory action, the special administrative hearing officer may issue an order directing the proper person to desist and refrain from engaging in such action. If applicable, the director of human resources shall then consult with the mayor, the city manager, or the city attorney, as appropriate, to recommend options for action to the city council pursuant to section 2.24.220(g). (Ord. No. 6474, § 1, 7-18-18)

Reno Administrative Code § 2.24.260 Use of provisions for harassment prohibited; disciplinary procedures authorized for disclosure of untruthful information.

Sec. 2.24.260. - Use of provisions for harassment prohibited; disciplinary procedures authorized for disclosure of untruthful information. (a) A city officer or employee shall not use the provisions of NRS 281.611 to 281.671, inclusive, or section 2.24.200 to section 2.24.260, inclusive, to harass a city officer, as applicable. (b) If false testimony is provided intentionally or in bad faith by a city officer or employee in connection with any investigation, the city officer or employee may be subjected to discipline, up to and including termination or removal from office pursuant to NRS 283.440 (removal from office other than by impeachment or accusation), and Reno City Charter, article III, section 3.150.

Reno Administrative Code § 2.24.270 Summary of provisions to be prepared and made available to city officers and employees each year.

Sec. 2.24.270. - Summary of provisions to be prepared and made available to city officers and employees each year. Each year the city manager, or designee, shall make available to each city officer or employee a written summary of section 2.24.200 to section 2.24.280, inclusive, and NRS 281.611 to 281.671, inclusive. (Ord. No. 6474, § 1, 7-18-18)

Reno Administrative Code § 2.24.280 Effect of provisions upon criminal law.

Sec. 2.24.280. - Effect of provisions upon criminal law. Section 2.24.200 to section 2.24.280, inclusive, are intended to be directory and preventive rather than punitive, and do not abrogate or decrease the effect of any of the provisions of NRS or the municipal code which define crimes or prescribe punishments with respect to the conduct of city officers or employees. (Ord. No. 6474, § 1, 7-18-18)

Source: City of Reno, Nevada, Administrative Code, City Charter and Annexation and Land Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/nv/reno/codes/administrative_code?nodeId=PT2READCO_TIT2AD_CH2.24GOIMUNAC_ARTIIIMGOACFetched: 11/1/2026