Nevada Open Records Act
- 1 Relevant legal cases
- 2 Proposed changes
- 3 Nevada's transparency report card
- 4 Features of the law
- 4.1 Declared legal intention
- 4.2 What records are covered?
- 4.3 What agencies are covered?
- 4.4 Who may request records?
- 4.5 Must a purpose be stated?
- 4.6 How can records be used?
- 4.7 Time allowed for response
- 4.8 Fees for records
- 4.9 Role of the Attorney General
- 5 Open meetings
- 6 See also
- 7 External links
- 8 References
The Nevada Open Records Act is a series of laws designed to guarantee that the public has access to public records of government bodies at all levels in Nevada.
The Nevada Open Meeting Law legislates the methods by which public meetings are conducted.
To learn more about how to make a public records request in this state, please see Nevada FOIA procedures.
Relevant legal cases
Here is a list of lawsuits in Nevada (cases are listed alphabetically; to order them by year, please click the icon to the right of the "year" heading).
|DR Partners v. Board of County Commissioners of Clark County||2000|
|Del Papa v. Board Of Regents Of The University and Community College System Of Nevada||2000|
|Donrey of Nevada v. Bradshaw||1990|
|Mulford v. Davey||1947|
|Neal v. Griepentrog||1992|
|State of Nevada v. Grimes||1906|
We do not have any legislation for Nevada in 2011.
We do not have any legislation for Nevada in 2010.
Nevada's transparency report card
A 2008 study, BGA - Alper Integrity Index, conducted by the Better Government Association and sponsored by Alper Services, ranked Nevada #34 in the nation (tied with North Dakota) with an overall percentage of 48.10%.
A 2007 study, Graded state responsiveness to FOI requests, conducted by BGA and the NFOIC, gave Nevada 41 points out of a possible 100, a letter grade of "F" and a ranking of 35 out of the 50 states.
Features of the law
- Compare States: Sunshine variations
- Click on the heading to compare your state's law to other state's transparency laws.
Declared legal intention
The stated purpose of the Nevada Open Records Act "is to foster democratic principles by providing members of the public with access to inspect and copy public books."
What records are covered?
- See also: Defining public records
Nevada law includes all books and records of all governmental entities.
Notable exemptions include but are not limited to:
- Names, addresses and telephone numbers of private individuals enrolled in recreational facilities (this exemption does not apply to legal investigations and the press)
- Library records
However, Nevada law requires institutions to separate exempt from non-exempt material where possible and release non-exempt material.
- See also: Deliberative process exemption
What agencies are covered?
- See also: Defining public body
The law extends to all elected officials and agencies of both the state and all political subdivisions of the state.
- See also: Legislatures and transparency
There is no clear exemption for the Nevada legislature under the Open Records Act and the legislature clearly falls within the definition of public body found within the act. Thus, the documents of the legislature are assumed to be open for inspection.
Judges in Nevada announced that they planned to seek exemption from general open records laws in 2009, and instead create their own set of rules regarding access to public records. Justice Jim Hardesty explained the reasoning, saying, "We want to do it by court rule because there are so many practical differences between the judiciary and the executive branch."
Privatized governmental agencies
The Nevada Open Records Act specifically includes in its definition of public body all private educational foundations and any local government corporations.
- See also: Universities and open records
The definition of public body presumably includes public universities within the state.
Who may request records?
Must a purpose be stated?
- See also: States requiring a statement of purpose
There is no law requiring a statement of purpose.
How can records be used?
- See also: Record use restrictions
There are no restrictions with regard to the use of records.
Time allowed for response
- See also: Request response times by state
Nevada law allows five business days to respond to open records requests, but permits extensions if notice is given to the person making the request, in writing.
Fees for records
- See also: How much do public records cost?
Nevada law allows the charging of fees not to exceed the actual cost of producing the record, but does not elaborate on what factors are a part of that fee. However, in cases of "extraordinary use of personnel," additional fees may be charged. All fees must be posted in a conspicuous place in all governmental offices. An additional fee is charged for the transcripts of court reports and is remitted to the court reporter. Additional fees are also charged for information from any "geographic information system" that are meant to offset the cost of maintaining and supporting the system. The Department of Veterans' Affairs is exempt from any fees.
- See also: Sunshine laws and search fees
The act is silent as to whether entities may charge search fees for locating and collecting the records. In general, fees that go beyond the cost of mere duplication are recorded by statute, implying that departments should not charge fees for labor involved in search and duplication unless otherwise required by statute.
Role of the Attorney General
- See also: Role of the Attorney General
Although the state Attorney General may issue non-binding advisory opinions when requested to do so in regards to the state's open records law, there currently stands no provision that empowers the State Department of Law to enforce the right of the public to access governmental records.
The stated purpose of the Nevada Open Meeting Law is "that all public bodies exist to aid in the conduct of the people’s business. It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly."
- Nevada FOIA procedures
- Nevada transparency advocates
- Nevada transparency legislation
- Private agency, public dollars-Nevada
- Nevada Open Meeting Law
- Nevada Revised Statutes Public Records Law
- Nevada Revised Statutes Open Meeting Law
- Open Government Guide to Nevada
- Nevada on WikiFOIA
- 2008 BGA-Alper Integrity Index
- States Failing FOI Responsiveness, National Freedom of Information Coalition, October 2007
- Freedom of Information in the USA, 2002
- Nevada Revised Statutes Section 239.001
- Nevada Revised Statutes 238.010
- Nevada Revised Statutes 238.0105
- Nevada Revised Statutes 239.013
- Nevada Revised Statutes 238.010
- Nevada Revised Statute 239.005
- Judge outlines legislative plans, Associated Press, September 24, 2008 (dead link)
- Nevada Revised Statutes 239.010
- Nevada Revised Statutes 239.0107
- Nevada Revised Statutes 239.055
- Nevada Revised Statutes 239.052
- Nevada Revised Statutes 239.053
- Nevada Revised Statutes 239.054
- Nevada Revised Statutes 239.020
- Nevada Revised Statutes Section 241.010
State of Nevada
Carson City (capital)
|State executive officers||
Governor | Lieutenant Governor | Attorney General | Secretary of State | Controller | State Treasurer | Superintendent of Public Instruction | Commissioner of Insurance | Director of Agriculture | Director of Conservation and Natural Resources | Director of Employment, Training and Rehabilitation | Chairman of Public Utilities Commission |