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Difference between revisions of "Nevada Open Records Act"

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====Judicial exemption====
 
====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 [[Judgepedia:Jim 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>
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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>
  
 
====Privatized governmental agencies====
 
====Privatized governmental agencies====

Revision as of 12:46, 16 October 2013

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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