Nevada Revised Statutes

Nev. Rev. Stat. § 281.611 (2026)

Definitions

✓ current as of July 2026
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NRS 281.611  Definitions.  As used in NRS 281.611 to 281.671, inclusive, unless the context otherwise requires:

      1.  “Improper governmental action” means any action taken by a state officer or employee or local governmental officer or employee in the performance of the officer’s or employee’s official duties, whether or not the action is within the scope of employment of the officer or employee, which is:

      (a) In violation of any state law or regulation;

      (b) If the officer or employee is a local governmental officer or employee, in violation of an ordinance of the local government;

      (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.

      2.  “Local government” means a county in this State, an incorporated city in this State and Carson City.

      3.  “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.

      4.  “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:

      (a) Actions taken in an official capacity which involve a substantial and material exercise of administrative discretion in the formulation of local governmental policy;

      (b) The expenditure of money of a local government; and

      (c) The enforcement of laws and regulations of the State or a local government.

      5.  “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;

      (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; or

      (n) Knowingly placing false information, including, without limitation, a false complaint, in the personnel file of the employee,

Ê if such action is taken, in whole or in part, because the state officer or employee or local governmental officer or employee disclosed information concerning improper governmental action.

      6.  “State employee” means any person who performs public duties under the direction and control of a state officer for compensation paid by or through the State.

      7.  “State officer” means a person elected or appointed to a position with the State which involves the exercise of a state 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 state policy;

      (b) The expenditure of state money; and

      (c) The enforcement of laws and regulations of the State.

      (Added to NRS by 1991, 1992; A 2001, 3049; 2019, 808)

     

Notes of Decisions
Cited in 5 cases, 2002–2011 · leading case: Garcetti v. Ceballos, 547 U.S. 410 (2006).
Garcetti v. Ceballos, 547 U.S. 410 (2006). · cites it 2× “149, § 185 (West 2004); Nev. Rev. Stat. § 281.611 (2003); N. H. Rev.”
Dr. William P. Harman v. Univ. of Tennessee, 353 S.W.3d 734 (Tenn. 2011). · cites it 2× “2011)); Nevada ( Nev. Rev. Stat. § 281.611 (5)(f) (2008)); New Jersey ( N.”
Wholey v. Roebuck, 803 A.2d 482 (Md. 2002). “)(government employees); Nev Rev.Stat. §281.611 (Michie 2002)(defining reportable "improper governmental action”); N.”
Simonian v. Univ. & Cmty. Coll. Sys. of Nevada, 128 P.3d 1057 (Nev. 2006). “Further, Simonian’s FCA allegations pertain to false claims as defined under NRS Chapter 357, not to “improper governmental action,” as defined at NRS 281.611(1). While the two categories might overlap, they do not always necessarily do so.”
Simonian v. Univ. & Cmty. Coll. Sys., 128 P.3d 1057 (Nev. 2006). “Further, Simonian's FCA allegations pertain to false claims as defined under NRS Chapter 357, not to "improper governmental action," as defined at NRS 281.611(1). While the two categories might overlap, they do not always necessarily do so.”
— Nev. Rev. Stat. § 281.611(1) — 2 cases
Simonian v. Univ. & Cmty. Coll. Sys. of Nevada, 128 P.3d 1057 (Nev. 2006). “Further, Simonian’s FCA allegations pertain to false claims as defined under NRS Chapter 357, not to “improper governmental action,” as defined at NRS 281.611(1). While the two categories might overlap, they do not always necessarily do so.”
Simonian v. Univ. & Cmty. Coll. Sys., 128 P.3d 1057 (Nev. 2006). “Further, Simonian's FCA allegations pertain to false claims as defined under NRS Chapter 357, not to "improper governmental action," as defined at NRS 281.611(1). While the two categories might overlap, they do not always necessarily do so.”
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