[Rev. 5/12/2020 11:01:36 AM]

[NAC-281 Revised Date: 4-12]

CHAPTER 281 - PUBLIC OFFICERS AND EMPLOYEES

WITHHOLDING FROM STATE PAYROLL

281.250              Authority and duties of State Controller; reports by certain organizations; resolution of disputes.

281.260              Requests for and cancellation of withholding.

281.270              Payment of costs of administration.

281.280              Entry into agreements for immunity from civil liability.

281.290              Provisions inapplicable to withholding for deferred compensation.

DISCLOSURE OF IMPROPER GOVERNMENTAL ACTION

281.305              Written appeal by officer or employee who claims retaliatory action was taken against him or her.

281.315              Procedures for conduct of hearing on written appeal.

WITHHOLDING FROM STATE PAYROLL

NAC 281.250  Authority and duties of State Controller; reports by certain organizations; resolution of disputes. (NRS 281.129)

     1.  In addition to any other withholdings provided by law, the State Controller may withhold money from the salary or wages of an officer or employee of the Executive Department whose payroll is processed by the State Controller for payment to:

     (a) Any charitable organization approved by the State Controller.

     (b) Employee credit unions.

     (c) Except as otherwise provided in subsection 2, insurers.

     (d) The United States for the purchase of savings bonds or similar obligations of the United States.

     (e) An employee organization or labor organization whose primary mission is the advancement and support of its members within the employment positions and professions of the members, if:

          (1) At least 15 percent of the officers or employees of the State request withholdings from their wages or salaries for payment to the organization;

          (2) At least 51 percent of the officers or employees of the State who are eligible to be members of a homogeneous unit request withholdings from their wages or salaries for payment to the organization; or

          (3) At least 100 of the officers or employees of the State who are eligible to be members of a homogeneous unit request withholdings from their wages or salaries for payment to the organization.

     2.  The State Controller will, upon receipt of information from the Public Employees’ Benefits Program specifying amounts of premiums or contributions for coverage by the Public Employees’ Benefits Program, withhold those amounts from the salaries or wages of officers and employees who participate in the Public Employees’ Benefits Program and pay those amounts to the Public Employees’ Benefits Program.

     3.  An officer or employee of the Executive Department is not entitled to continue the withholding provided by paragraph (e) of subsection 1 if the number of officers or employees who request the withholding falls below the percentage or number required by paragraph (e) of subsection 1.

     4.  Not earlier than January 1 of each year and not later than July 1 of that year, an employee organization or labor organization that receives money pursuant to paragraph (e) of subsection 1 shall submit to the State Controller a detailed report of the membership of the organization. The State Controller will review the report to determine whether the percentage or number required by paragraph (e) of subsection 1 is met.

     5.  The State Controller will send written notice to an employee organization or labor organization if the number of officers and employees who request that money be withheld for payment to the organization falls below the percentage or number required by paragraph (e) of subsection 1. The members of the organization may continue to have the money withheld from their salaries or wages and paid to the organization for not more than 1 year after the date of the notice given by the State Controller. If the percentage or number required by paragraph (e) of subsection 1 is not met in that year, the withholding will be discontinued.

     6.  The percentages and number required by paragraph (e) of subsection 1 do not apply to an officer or employee of the Executive Department whose withholding for payment to an employee organization or labor organization began before January 2, 1990.

     7.  All disputes regarding withholdings, including refunds and missed withholdings, must be resolved by the employee and the organization receiving the withholding.

     8.  As used in subsection 1, “homogeneous unit” means a group of state employees or officers having a sufficient community of interest to make it appropriate for them to be represented by a particular employee organization.

     (Added to NAC by St. Controller, eff. 1-2-90; A by R120-03, 2-4-2004)

NAC 281.260  Requests for and cancellation of withholding. (NRS 281.129)  An officer or employee of the Executive Department may:

     1.  Request in writing on a form approved by the State Controller that money be withheld from his or her salary or wages.

     2.  Except as otherwise provided in subsection 3, cancel a withholding by giving written notice to the State Controller and the appropriate organization. The cancellation is effective on a date determined by the State Controller, but not later than 30 days after the day the State Controller receives the notice.

     3.  Cancel a withholding for an employee organization or labor organization that receives money pursuant to paragraph (e) of subsection 1 of NAC 281.250 by giving written notice:

     (a) In the manner set forth in subsection 2, if the officer or employee is transferred to another position in which membership in the employee organization or labor organization is no longer available; or

     (b) To the State Controller and the appropriate organization during the annual period for cancellation. The annual period for cancellation is the 2 weeks preceding each anniversary date of the commencement of the membership of the officer or employee in the organization. The cancellation is effective on a date determined by the State Controller, but not later than 30 days after the day the State Controller receives the notice.

     (Added to NAC by St. Controller, eff. 1-2-90; A by R120-03, 2-4-2004)

NAC 281.270  Payment of costs of administration. (NRS 281.129)  Each employee organization or labor organization that receives money pursuant to the provisions of paragraph (e) of subsection 1 of NAC 281.250 shall pay the cost of administering the withholdings to the State Controller. The cost will be determined by the State Controller by taking into consideration any initial programming expense and any biweekly expense incurred as a result of processing, adding, deleting or changing a withholding.

     (Added to NAC by St. Controller, eff. 1-2-90)

NAC 281.280  Entry into agreements for immunity from civil liability. (NRS 281.129)  Before receiving any money pursuant to the provisions of NAC 281.250, an organization must enter into a written agreement with the State Controller which provides that the State of Nevada, the State Controller and his or her officers, employees and agents, and the Division of Human Resource Management of the Department of Administration and its officers, employees and agents are immune from civil liability for damages sustained as a result of any act or omission taken to administer the provisions of NAC 281.250 to 281.290, inclusive.

     (Added to NAC by St. Controller, eff. 1-2-90)

NAC 281.290  Provisions inapplicable to withholding for deferred compensation. (NRS 281.129)  NAC 281.250, 281.260 and 281.270 do not apply to an amount withheld from the salary or wages of an officer or employee of the Executive Department for deferred compensation pursuant to the provisions of NRS 287.250 to 287.370, inclusive.

     (Added to NAC by St. Controller, eff. 1-2-90)

DISCLOSURE OF IMPROPER GOVERNMENTAL ACTION

NAC 281.305  Written appeal by officer or employee who claims retaliatory action was taken against him or her. (NRS 281.641)

     1.  A state officer or employee who claims a reprisal or retaliatory action was taken against him or her for disclosing information concerning improper governmental action may file a written appeal pursuant to NRS 281.641 with a hearing officer of the Personnel Commission. The appeal must be:

     (a) Filed within 10 workdays after the date the alleged reprisal or retaliatory action took place.

     (b) Submitted on a form provided by the Division of Human Resource Management of the Department of Administration.

     2.  The hearing officer may reject a form that is incomplete or otherwise deficient as insufficient to commence the appeal.

     (Added to NAC by Dep’t of Personnel, eff. 3-1-96)

NAC 281.315  Procedures for conduct of hearing on written appeal. (NRS 281.641)

     1.  The provisions of this section and NAC 284.774 to 284.806, inclusive, and 284.818 govern the procedure for conducting a hearing for a written appeal filed pursuant to NRS 281.641.

     2.  A party may appear in person and may be represented by an attorney or another person of his or her choice, if the party chooses not to represent himself or herself.

     3.  All testimony must be under oath administered by the hearing officer.

     4.  The appeal must be heard in the following manner:

     (a) The opening statement for the state officer or employee.

     (b) The opening statement for the employer, unless reserved.

     (c) Presentation of the state officer’s or employee’s case, followed by cross-examination. The state officer or employee must establish that:

          (1) He or she was a state officer or employee on the date of the alleged reprisal or retaliatory action;

          (2) He or she disclosed information concerning improper governmental action; and

          (3) The alleged reprisal or retaliatory action was taken against the state officer or employee within 2 years after the date he or she disclosed the information concerning improper governmental action.

     (d) If the state 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 state officer or employee.

     (e) If the employer establishes a legitimate business purpose for the alleged reprisal or retaliatory action, the state 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.

     (f) The parties may respectively offer rebutting testimony only, unless the hearing officer permits additional evidence upon the original cause.

     (g) The argument for the state officer or employee.

     (h) The argument for the employer.

     (i) The closing argument for the state officer or employee.

     (j) Submission of the appeal for a decision.

     (Added to NAC by Dep’t of Personnel, eff. 3-1-96)