Giunchigliani’s whistle-blower case takes a step forward

Wednesday, Aug. 25, 2004 | 9:34 a.m.

CARSON CITY -- Assemblywoman Chris Giunchigliani, D-Las Vegas, has won an opening round in her whistle-blowing complaint against the Community College of Southern Nevada.

State Hearing Officer Patrick Dolan, in a ruling released Tuesday, said Giunchigliani has established that there is enough evidence to proceed with a hearing on her whistle-blower complaint. It rejected the motion of the University and Community College System to dismiss the action.

"I'm happy I will get my day in court," said Giunchigliani, who received the Aug. 20 ruling in the mail Tuesday.

Dolan ruled that even though Giunchigliani has resigned from her $70,000-a-year job as director of school district and community relations at the community college in July, the complaint could go forward.

Giunchigliani said the school retaliated against her for disclosing alleged improper conduct. Interim CCSN President Paul Gianini changed her assignment, taking away her role as spokeswoman for the community college and altering the chain of command, she said.

Part of the reason she quit was she didn't have any duties, Giunchigliani said.

Dolan ruled, however, that a second complaint by Giunchigliani, alleging that the Board of Regents retaliated against her by taking a vote in closed session not to renew her contract, did not "meet the statutory definition of what constitutes an act of reprisal or retaliation." The vote failed.

Giunchigliani alleged she reported to her immediate supervisor that community college employee Topazia "Briget" Jones was making improper visits to Carson City and Jones became an aide to Assemblyman Wendell Williams, D-Las Vegas.

She said she told former Chancellor Jane Nichols that legislation was being pursued by Williams and others to expand the Nevada State College to North Las Vegas with the agreement that Jones would manage the campus.

She also introduced a bill in the 2003 Legislature to reduce the Board of Regents from 13 members to five, as well as a proposed constitutional amendment to make the board a combination of appointed and elected members. The proposed constitutional amended passed in 2003 and comes back for a second approval at the 2005 Legislature. It then must be ratified by the voters. It would have six members appointed and three elected.

The assemblywoman also complained that the regents violated the open-meeting law in November when they decided to demote CCSN President Ron Remington and to transfer lobbyist John Cummings back to a staff position. It was at this meeting that there was a move to not to renew her contract.

UCCSN, in its motion to dismiss the complaint, argued that specific evidence is still missing whether Jones actually violated any leave statutes or regulations. It also maintained the Nevada State College land contract and the motion not to renew Giunchigliani's employment contract never occurred.

The system also argued Giunchigliani's decision to resign made her appeal moot. But Dolan wrote, "Whistle-blower appeals should be liberally interpreted to effectuate the public policy purposes embraced in enacting said legislation and in encouraging employees to disclose improper governmental conduct."

Dolan said now that Giunchigliani has established a "prima facie case," the university system has the burden to show there was some "legitimate, nondiscriminatory reason for its actions."

The hearing officer said the case would now proceed at a later date to determine if the actions taken by the school were justified.

If Dolan finds the university at fault, he has the power to issue an order to "desist and refrain from engaging in such action in the future and report to the governor and other elected officials."

Giunchigliani said the university lawyers have filed about five motions to dismiss and she questioned why the school was spending so much to fight her claim. She said there are no money damages available to her and she doesn't want her old job back.