81°F
weather icon Clear

Nevada’s public records law needs these improvements

Too many government agencies act like Nevada’s public records law is optional. A new bill would change that.

Sen. David Parks, D-Las Vegas, is sponsoring Senate Bill 287. It would impose penalties on agencies that improperly deny and delay public records requests.

The law requires that government agencies provide the public with access to most government records upon request. There are exceptions, such as the personal contact information of government employees. The law specifically states, however, that any exemptions must be “construed narrowly.”

For decades, Nevada governments have relied on another workaround. They improperly delay or even ignore requests. There’s little downside from their perspective. The only way to enforce the law is to file a lawsuit.

Even if a requester wins, the court can only award them attorney’s fees. Most requesters, whether they’re individuals, watchdogs or even smaller media organizations, don’t have the ability to file a lawsuit. Even when larger media organizations, like the Las Vegas Review-Journal, sue, a case can take years to wind its way through the courts.

This gives government agencies an incentive to stall, especially if the requested information could be embarrassing. They could win the lawsuit and keep the information hidden.

They could lose the lawsuit, but the delay could cause the information to lose its relevance. Or they could lose the lawsuit and use taxpayer dollars to pay attorney’s fees. No wonder so many agencies, like the Metropolitan Police Department in Las Vegas and the Clark County School District, frequently deny or delay requests.

Parks’ bill would change this. Agencies that improperly delay or deny requests would face a $100 a day fine. It also would allow the court to impose a $1,000 to $250,000 civil penalty on the agency or individual who improperly denied the request. This would help alleviate the cavalier attitude many government bureaucrats have about spending taxpayer dollars. It changes the dynamic completely if a government decision maker knows he or she could personally lose money for denying a request.

These aren’t new ideas. They’re best practices from around the country. Twenty-three states currently have penalties in their public records laws. Some states even go further than what Parks’ bill proposes to do. In Nebraska, improperly denying a public records request can get a government official removed from office and charged with a misdemeanor. In Colorado, Arkansas and West Virginia, government officials can go to jail for up to three months for not releasing records.

Right to Know Nevada, the ideologically diverse coalition supporting this bill, is more evidence that it’s a good idea. The coalition includes media organizations, like the Review-Journal, the Nevada Press Association and the Reno Gazette-Journal. Numerous advocacy groups that often vigorously oppose one another have joined the coalition as well. That list includes the ACLU of Nevada, the Nevada Policy Research Institute, the League of Women Voters and Power2Parent.

The bill would also improve the public records law in two other important ways. It would limit the ability of government agencies to charge fees for obtaining records. Some agencies will make records available, but only if the requester pays hundreds or thousands of dollars for the cost of employees to gather those records. Nevada already spends over $6 million a year employing workers to find and disclose public records. Citizens shouldn’t have to pay twice for obtaining information.

The other change would require government agencies to help citizens when they file requests. Government employees currently have no obligation to assist people seeking information.

Sometimes a requester will ask for information that should be publicly available, but not use the correct government jargon. This change would ensure they could obtain the public records they’re looking for.

While this bill would be a step forward, Senate Bill 224, another public records bill before the Legislature, would be a step backward. That bill would make secret the names of retirees collecting pensions from the Public Employees Retirement System. A similar bill garnered overwhelming Democrat support in 2017, before then-Gov. Brian Sandoval vetoed it. Nevada lawmakers should be trying to improve the public records law, not narrow it.

The best public records lawsuits are the ones that never are filed. By increasing the penalties for noncompliance, lawmakers would incentivize government bureaucrats to follow the law.

THE LATEST
City manager bids fond farewell

I may be leaving Boulder City, but it was not an easy decision. From the first time I came in and met the staff and community leaders, I saw a city filled with people who truly care about where they live and work. I am grateful for the opportunities I have had to work with some incredible people.

Is the grass always greener?

Many people in the past played a golf game to cement a business deal, didn’t they? They also played golf to socialize. Has Boulder City recognized lessening play on golf courses? Or, from another perspective, what happens when million-dollar homes are placed around our open space golf course with views of the McCullough Mountains? Do fewer people play golf on the Boulder Creek golf course?

Parting is such sweet sorrow

Shakespeare was the man when it came to comedy and tragedy. His ability to make people feel the intense emotions of the characters is still imitated today. The past few months have been filled with a bit of excited anticipation at City Hall as several longtime and high-level employees have found new roles in other acts. I’m here to borrow some Shakespearean lines, the first being from Ophelia, “We know what we are, but know not what we may be.” (Hamlet)

Me, my brother and Silo Sam

Recently, I’ve been enjoying watching shows on A&E related to professional wrestling back in the earlier days, with profiles on wrestlers I grew up watching as well as classic rivalries.

Let’s talk about the ‘D Word’

OK, as a starting point, I must note that it’s weird to think that I might be writing something that would put me in agreement with the Language Police.

Make a new plan, Stan

A plan is a method for achieving a desirable objective. It’s a program of action, usually memorialized in writing. Plans start with goals and ideas. But ideas alone (even good ones) don’t constitute a plan.

Time to recognize unsung heroes

We have so many functions within the Boulder City Police Department, from school resource officers to road patrol to the detective bureau. The work that they do keeps Boulder City among the “Safest Cities in Nevada” (newhomesource.com, alarm.com) year after year. One unit is the backbone of our public safety response: Public Safety Dispatchers.

Honoring National Public Health Week

In my eight decades of this amazing life, I have worn a great many hats: son, brother, father, major (USAF), grandfather, council member, state representative, state senator.

Shhhhh… Don’t tell anyone

So, there was this guy I used to know. And, yes, a million stories told in bars have started with that exact phrase.