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Difference between revisions of "Nevada Open Records Act"

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<div style="float:right; margin:0 0 1em 1em;">{{TOCnestright (Sunshine Review)|limit=3}}</div>
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{{WikiFOIA (Sunshine Review)}}
 
{{WikiFOIA (Sunshine Review)}}
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 (Sunshine Review)]].
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 +
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|Nevada Open Meeting Law]]''' legislates the methods by which public meetings are conducted.
 
The '''[[Nevada Open Meeting Law|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]]
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To learn more about how to make a public records request in this state, please see [[Nevada FOIA procedures]].
  
==Recent news==
 
: ''See also: [[Nevada transparency headlines]]''
 
{{State news DPL|
 
state = Nevada
 
}}
 
  
 
==Relevant legal cases==
 
==Relevant legal cases==
: ''See also: [[Court cases with an impact on state FOIA]]''
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::''See also: [[Court cases with an impact on state FOIA]] and [[Nevada sunshine lawsuits]]''
Here is a list of lawsuits in Nevada.  For more information go the page or go to [[Nevada sunshine lawsuits]].
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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).<br>
<br/>
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(The cases are listed alphabetically. To order them by year please click the icon below the '''Year''' heading)<br/><br/>
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{{Transparency litigation dpl|State = Nevada}}
 
{{Transparency litigation dpl|State = Nevada}}
  
 
==Proposed changes==
 
==Proposed changes==
: ''Find sample [[proactive disclosure|transparency]] legislation at the [http://www.sunshinestandard.org Sunshine Standard]
 
 
===2011===
 
===2011===
: ''See also:[[Proposed reforms in state sunshine laws, 2011]]''
+
::''See also: [[Proposed reforms in state sunshine laws, 2011]]''
 
{{Proposed transparency legislation full table|State = Nevada|Year = 2011}}
 
{{Proposed transparency legislation full table|State = Nevada|Year = 2011}}
  
 
===2010===
 
===2010===
: ''See also:[[Proposed reforms in state sunshine laws, 2010]]''
+
::''See also: [[Proposed reforms in state sunshine laws, 2010]]''
 
{{Previous year transparency legislation DPL|State=Nevada|Year=2010|NotYear = 2011}}
 
{{Previous year transparency legislation DPL|State=Nevada|Year=2010|NotYear = 2011}}
  
 
==Nevada's transparency report card==
 
==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%. <ref>[http://www.bettergov.org/2008_bga-alper_integrity_index_/ 2008 BGA-Alper Integrity Index]</ref>
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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%.<ref>[http://www.bettergov.org/2008_bga-alper_integrity_index_/ 2008 BGA-Alper Integrity Index]</ref>
  
A 2007 study, '''Graded state responsiveness to FOI requests''', conducted by [[Better Government Association|BGA]] and the [[National Freedom of Information Coalition|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.<ref>[http://nfoic.org/states-failing-foi-responsiveness States Failing FOI Responsiveness, National Freedom of Information Coalition, October 2007]</ref>
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A 2007 study, '''Graded state responsiveness to FOI requests''', conducted by [[Better Government Association|BGA]] and the [[National Freedom of Information Coalition|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.<ref>[http://nfoic.org/states-failing-foi-responsiveness States Failing FOI Responsiveness, National Freedom of Information Coalition, October 2007]</ref>
  
 
A 2002 study, '''Freedom of Information in the USA''', conducted by [[Investigative Reporters and Editors|IRE]] and [[Better Government Association|BGA]], ranked Nevada's law as the 36th worst in the country, giving it a letter grade of "D+".<ref>[http://legacy.ire.org/foi/bga/ ''Freedom of Information in the USA'', 2002]</ref>
 
A 2002 study, '''Freedom of Information in the USA''', conducted by [[Investigative Reporters and Editors|IRE]] and [[Better Government Association|BGA]], ranked Nevada's law as the 36th worst in the country, giving it a letter grade of "D+".<ref>[http://legacy.ire.org/foi/bga/ ''Freedom of Information in the USA'', 2002]</ref>
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==Features of the law==
 
==Features of the law==
 
{{Compare states|Page=Sunshine variations}}: Click on the heading to compare your state's law to other state's transparency laws.
 
{{Compare states|Page=Sunshine variations}}: Click on the heading to compare your state's law to other state's transparency laws.
===<span style="border-bottom: 1px blue solid;">[[Declared legal intentions across the U.S.{{! (Sunshine Review)}}Declared legal intention]]</span>===
 
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".<ref>[http://www.leg.state.nv.us/NRS/NRS-239.html#NRS239Sec001 ''Nevada Revised Statutes'' Section 239.001]</ref>
 
  
===<span style="border-bottom: 1px blue solid;">[[Defining public records{{! (Sunshine Review)}}What records are covered?]]</span>===
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===Declared legal intention===
Nevada law includes all books and records of all governmental entities. <ref>[http://www.leg.state.nv.us/NRS/NRS-239.html#NRS239Sec010 Nevada Revised Statutes 238.010]</ref>
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::''See also: [[Declared legal intentions across the U.S.]]''
 +
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."<ref>[http://www.leg.state.nv.us/NRS/NRS-239.html#NRS239Sec001 ''Nevada Revised Statutes'' Section 239.001]</ref>
 +
 
 +
===What records are covered?===
 +
::''See also: [[Defining public records]]''
 +
Nevada law includes all books and records of all governmental entities.<ref>[http://www.leg.state.nv.us/NRS/NRS-239.html#NRS239Sec010 Nevada Revised Statutes 238.010]</ref>
  
 
====Exemptions====
 
====Exemptions====
 
Notable exemptions include but are not limited to:
 
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) <ref>[http://www.leg.state.nv.us/NRS/NRS-239.html#NRS239Sec0105 Nevada Revised Statutes 238.0105]</ref>
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* Names, addresses and telephone numbers of private individuals enrolled in recreational facilities (this exemption does not apply to legal investigations and the press)<ref>[http://www.leg.state.nv.us/NRS/NRS-239.html#NRS239Sec0105 Nevada Revised Statutes 238.0105]</ref>
* Library records <ref>[http://www.leg.state.nv.us/nrs/NRS-239.html#NRS239Sec013 Nevada Revised Statutes 239.013]</ref>
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* Library records<ref>[http://www.leg.state.nv.us/nrs/NRS-239.html#NRS239Sec013 Nevada Revised Statutes 239.013]</ref>
  
However, Nevada law requires institutions to separate exempt from non-exempt material where possible and release the non-exempt material.<ref>[http://www.leg.state.nv.us/NRS/NRS-239.html#NRS239Sec010 Nevada Revised Statutes 238.010]</ref>
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However, Nevada law requires institutions to separate exempt from non-exempt material where possible and release non-exempt material.<ref>[http://www.leg.state.nv.us/NRS/NRS-239.html#NRS239Sec010 Nevada Revised Statutes 238.010]</ref>
  
====[[Deliberative process exemption{{! (Sunshine Review)}}Deliberative process]]====
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====Deliberative process====
 +
::''See also: [[Deliberative process exemption]]''
  
===<span style="border-bottom: 1px blue solid;">[[Defining public body{{! (Sunshine Review)}}What agencies are covered?]]</span>===
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===What agencies are covered?===
The law extends to all elected officials and agencies of both the state and all political subdivisions of the state. <ref>[http://www.leg.state.nv.us/NRS/NRS-239.html#NRS239Sec005 Nevada Revised Statute 239.005]</ref>
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::''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.<ref>[http://www.leg.state.nv.us/NRS/NRS-239.html#NRS239Sec005 Nevada Revised Statute 239.005]</ref>
  
====<span style="border-bottom: 1px blue solid;">[[Legislatures and transparency{{! (Sunshine Review)}}Legislature]]</span>====
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====Legislature====
:{{Passed}}
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::''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.
 
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.
  
 
====Judicial exemption====
 
====Judicial exemption====
Judges in Nevada have announced that they plan to seek exemption from general open records laws in 2009, and instead create their own set of rules regarding access to public records. Justice {{Jp (Sunshine Review)|Jim Hardesty}} explains 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" <ref>[http://www.mercurynews.com/breakingnews/ci_10550596 ''Judge outlines legislative plans'', Associated Press, September 24, 2008]</ref>.
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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 [[Judgepedia:James Hardesty|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."<ref>[http://www.mercurynews.com/breakingnews/ci_10550596 ''Judge outlines legislative plans'', Associated Press, September 24, 2008]</ref>
  
====[[Private agency, public dollars{{! (Sunshine Review)}}Privatized governmental agencies]]====
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====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.<ref>[[Private agency, public dollars-Nevada]]</ref>
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::''See also: [[Private agency, public dollars]] and [[Private agency, public dollars-Nevada]]''
 +
The Nevada Open Records Act specifically includes in its definition of public body all private educational foundations and any local government corporations.
  
====[[Universities and open records{{! (Sunshine Review)}}Public universities]]====
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====Public universities====
{{University records infobox|Status=Presumed Open |Research= |Donors= |Examinations= |Materials= }}
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::''See also: [[Universities and open records]]''
 
The definition of public body presumably includes public universities within the state.
 
The definition of public body presumably includes public universities within the state.
  
===<span style="border-bottom: 1px blue solid;">[[List of who can make public record requests by state{{! (Sunshine Review)}}Who may request records?]]</span>===
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===Who may request records?===
Anyone may request public records in [[Nevada (Sunshine Review)]]. The act explicitly states that, "A person may request a copy of a public record." <ref>[http://www.leg.state.nv.us/nrs/NRS-239.html#NRS239Sec010 Nevada Revised Statutes 239.010]</ref>
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::''See also: [[List of who can make public record requests by state]]''
 +
Anyone may request public records in [[Nevada]]. The act explicitly states that, "a person may request a copy of a public record."<ref>[http://www.leg.state.nv.us/nrs/NRS-239.html#NRS239Sec010 Nevada Revised Statutes 239.010]</ref>
  
===<span style="border-bottom: 1px blue solid;">[[States requiring a statement of purpose{{! (Sunshine Review)}}Must a purpose be stated?]]</span>===
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===Must a purpose be stated?===
 +
::''See also: [[States requiring a statement of purpose]]''
 
There is no law requiring a statement of purpose.
 
There is no law requiring a statement of purpose.
  
===<span style="border-bottom: 1px blue solid;">[[Record use restrictions{{! (Sunshine Review)}}How can records be used?]]</span>===
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===How can records be used?===
 +
::''See also: [[Record use restrictions]]''
 
There are no restrictions with regard to the use of records.  
 
There are no restrictions with regard to the use of records.  
  
===<span style="border-bottom: 1px blue solid;">[[Request response times by state{{! (Sunshine Review)}}Time allowed for response]]</span>===
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===Time allowed for response===
:'''''5 days'''''
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::''See also: [[Request response times by state]]''
Nevada law allows for five business days to respond to open records requsts, but permits extensions if notice is given to the person making the request, in writing.<ref>[http://www.leg.state.nv.us/nrs/NRS-239.html#NRS239Sec0107 Nevada Revised Statutes 239.0107]</ref>
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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.<ref>[http://www.leg.state.nv.us/nrs/NRS-239.html#NRS239Sec0107 Nevada Revised Statutes 239.0107]</ref>
  
 
===Fees for records===
 
===Fees for records===
====<span style="border-bottom: 1px blue solid;">[[How much do public records cost?{{! (Sunshine Review)}}Copy costs:]]</span>====
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====Copy costs====
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. <ref>[http://www.leg.state.nv.us/nrs/NRS-239.html#NRS239Sec055 Nevada Revised Statutes 239.055]</ref> All fees must be posted in a conspicuous place in all governmental offices. <ref>[http://www.leg.state.nv.us/nrs/NRS-239.html#NRS239Sec052 Nevada Revised Statutes 239.052]</ref> An additional fee is charged for the transcripts of court reports and is remitted to the court reporter.<ref>[http://www.leg.state.nv.us/nrs/NRS-239.html#NRS239Sec053 Nevada Revised Statutes 239.053]</ref> 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.<ref>[http://www.leg.state.nv.us/nrs/NRS-239.html#NRS239Sec054 Nevada Revised Statutes 239.054]</ref> The Department of Veterans' Affairs is exempt from any fees. <ref>[http://www.leg.state.nv.us/nrs/NRS-239.html#NRS239Sec020 Nevada Revised Statutes 239.020]</ref>
+
::''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.<ref>[http://www.leg.state.nv.us/nrs/NRS-239.html#NRS239Sec055 Nevada Revised Statutes 239.055]</ref> All fees must be posted in a conspicuous place in all governmental offices.<ref>[http://www.leg.state.nv.us/nrs/NRS-239.html#NRS239Sec052 Nevada Revised Statutes 239.052]</ref> An additional fee is charged for the transcripts of court reports and is remitted to the court reporter.<ref>[http://www.leg.state.nv.us/nrs/NRS-239.html#NRS239Sec053 Nevada Revised Statutes 239.053]</ref> 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.<ref>[http://www.leg.state.nv.us/nrs/NRS-239.html#NRS239Sec054 Nevada Revised Statutes 239.054]</ref> The Department of Veterans' Affairs is exempt from any fees.<ref>[http://www.leg.state.nv.us/nrs/NRS-239.html#NRS239Sec020 Nevada Revised Statutes 239.020]</ref>
  
====<span style="border-bottom: 1px blue solid;">[[Sunshine laws and search fees{{! (Sunshine Review)}}Search fees:]]</span>====
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====Search fees====
:'''''N/A'''''
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::''See also: [[Sunshine laws and search fees]]''
The act is silent as to whether or not 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.  
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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.  
  
===<span style="border-bottom: 1px blue solid;">[[Role of the Attorney General{{! (Sunshine Review)}}Role of the Attorney General]]</span>===
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===Role of the Attorney General===
:[[Nevada Attorney General|Attorney General of Nevada]]
+
::''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.
+
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.
  
 
==Open meetings==
 
==Open meetings==
 
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."<ref>[http://www.leg.state.nv.us/NRS/NRS-241.html#NRS241Sec010 ''Nevada Revised Statutes''] Section 241.010</ref>
 
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."<ref>[http://www.leg.state.nv.us/NRS/NRS-241.html#NRS241Sec010 ''Nevada Revised Statutes''] Section 241.010</ref>
 
==Notable requests==
 
  
 
==See also==
 
==See also==
 
* [[Nevada FOIA procedures]]
 
* [[Nevada FOIA procedures]]
* [[Nevada transparency headlines]]
 
 
* [[Nevada transparency advocates]]
 
* [[Nevada transparency advocates]]
 
* [[Nevada transparency legislation]]
 
* [[Nevada transparency legislation]]
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{{State sunshine laws}}
 
{{State sunshine laws}}
{{Nevada (Sunshine Review)}}
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{{Nevada}}
  
 
[[category:Nevada]]
 
[[category:Nevada]]
[[Category:Public records in Nevada]]
 
[[Category:Open records law]]
 
 
[[category:WikiFOIA]]
 
[[category:WikiFOIA]]
[[Category:Sunshine Review pages]]
+
[[Category:Open records law by state]]

Revision as of 12:46, 16 October 2013

WikiFOIA
Find your State
Sunshine Laws
Open Records laws
Open Meetings Laws
How to Make Records Requests
Sunshine Legislation
2010
Sorted by State, Year and Topic
Sunshine Litigation
Sorted by State, Year and Topic
Sunshine Nuances
Private Agencies, Public Dollars
Deliberative Process Exemption


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

See also: Court cases with an impact on state FOIA and Nevada sunshine lawsuits

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).


Lawsuit Year
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


Proposed changes

2011

See also: Proposed reforms in state sunshine laws, 2011


We do not currently have any legislation for Nevada in 2011.


2010

See also: Proposed reforms in state sunshine laws, 2010


We have no current bill pages for Nevada from 2010. This may be due to incomplete research.


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%.[1]

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.[2]

A 2002 study, Freedom of Information in the USA, conducted by IRE and BGA, ranked Nevada's law as the 36th worst in the country, giving it a letter grade of "D+".[3]

Features of the law

Sunshine variations Compare States: Sunshine variations
Click on the heading to compare your state's law to other state's transparency laws.

Declared legal intention

See also: Declared legal intentions across the U.S.

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."[4]

What records are covered?

See also: Defining public records

Nevada law includes all books and records of all governmental entities.[5]

Exemptions

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)[6]
  • Library records[7]

However, Nevada law requires institutions to separate exempt from non-exempt material where possible and release non-exempt material.[8]

Deliberative process

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.[9]

Legislature

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.

Judicial exemption

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."[10]

Privatized governmental agencies

See also: Private agency, public dollars and Private agency, public dollars-Nevada

The Nevada Open Records Act specifically includes in its definition of public body all private educational foundations and any local government corporations.

Public universities

See also: Universities and open records

The definition of public body presumably includes public universities within the state.

Who may request records?

See also: List of who can make public record requests by state

Anyone may request public records in Nevada. The act explicitly states that, "a person may request a copy of a public record."[11]

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.[12]

Fees for records

Copy costs

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.[13] All fees must be posted in a conspicuous place in all governmental offices.[14] An additional fee is charged for the transcripts of court reports and is remitted to the court reporter.[15] 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.[16] The Department of Veterans' Affairs is exempt from any fees.[17]

Search 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.

Open meetings

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."[18]

See also

External links

References