Nevada Open Records Act
From Sunshine Review
Contents |
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
[edit] Recent news
[edit] Transparency blocking
- Clark County Board of School Trustees meet away from public
- In search of open records at the county building
- Opening Nevada public records
More transparency blocking news from across the country.
[edit] Litigation
More FOIA litigation news from across the country.
[edit] Legislation
- EDITORIAL: Public records assault
- Judge outlines legislative plans
- EDITORIAL: Scrutinize open records exemption
More FOIA legislation news from across the country.
[edit] Sunshine Guardians
No recent news. If you have news add it here
Other Sunshine Guardians from across the country.
[edit] Relevant legal cases
- See also: Court cases with an impact on state FOIA
Here is a list of lawsuits in Nevada. For more information go the page or go to Nevada sunshine lawsuits.
(The cases are listed alphabetically. To order them by year please click the icon below the Year heading)
[edit] 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]
[edit] Features of the law
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]
[edit] What records are covered?
Nevada law includes all books and records of all governmental entities [5]
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 the non-exempt material.[8]
[edit] What agencies are covered?
The law extends to all elected officials and agencies of both the state and all political subdivisions of the state. [9]
[edit] Agency Exemptions
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 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" [10].
[edit] Who may request records?
Anyone may request public records in Nevada. "A person may request a copy of a public record". [11]
[edit] Must a purpose be stated?
There is no law requiring a statement of purpose.
[edit] How can records be used?
There are no restrictions with regard to the use of records.
[edit] Time allowed for response
- 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.[12]
[edit] Fees for records
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. In general, fees that go beyond the cost of mere duplication ar erecorded by statute, implying that departments should not charge fees for labor involved in search and duplication unless otherwise required by statute. 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]
[edit] 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]
[edit] Proposed changes
[edit] Notable requests
[edit] See also
- Nevada FOIA procedures
- Nevada transparency headlines
- Nevada transparency advocates
- Nevada transparency legislation
- Nevada Open Meeting Law
[edit] External links
- Nevada Revised Statutes Public Records Law
- Nevada Revised Statutes Open Meeting Law
- Open Government Guide to Nevada
- Nevada on WikiFOIA
[edit] References
- ↑ Integrity Index available for download here
- ↑ Graded state responsiveness to FOI requests, 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
- ↑ 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
| |||||||||||
