State whistleblower law could extend to independent contractors

CARSON CITY - Lawmakers should include contractors who do business with the state in Nevada's whistleblower protection law, the Assembly Government Affairs Committee has been told.

Assemblywoman Sharron Angle said her AB66 would give independent contractors hired by the state the same protections given to state employees who see and report wrongdoing within their offices.

"We are contracting out more and more duties from outside our agencies," Angle, R-Reno, said Tuesday, adding that she's appalled the state doesn't already extend whistleblower protections to contractors.

While generally receptive to the intent of the bill, Government Affairs members weren't too enthusiastic about the actual wording of the bill.

"I see what you are trying to do, but the bill as written delivers a bunch of rights to contractors," said Assemblyman David Humke, R-Reno.

Humke said he's especially worried about a section that allows whistleblowing contractors to bring state employees in front of a Department of Personnel hearing within two years of any alleged retaliation they say resulted from their good deeds.

"I don't think that's what you intended," he told Angle.

Acting state personnel chief Jeanne Greene said the costs associated with whistleblower hearings could grow considerably if the bill is approved.

The average cost of a hearing is nearly $1,800, she said, adding that since 1991 the office heard 48 cases for a total cost of about $86,000.

The bill was sent to a subcommittee so lawmakers can do more work on it. That includes consideration of an assessment to help cover its costs.

"Maybe we do need the contractors to pay in a small amount. I do think it is important to have a whistleblower rule for them," said Assemblyman Harry Mortenson, D-Las Vegas.

"I think there is something to this," added Assemblywoman Sandra Tiffany, R-Henderson. "I'd sure hate to kill this without trying to fix it."

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