Nevada Public Records Act (NPRA) Las Vegas, Nevada
As of October 1st, 2019, the Nevada Public Records Act (NPRA) goes into effect.
The Nevada Open Records Act, also referred to as NPRA, is a series of laws designed to guarantee that the public will have access to public records of government bodies at all levels. Concurrently, public records includes all books and records of all government entities.
Anyone can request public records and there is no statement of purpose required. There are no restrictions with regard to the use of records and an individual should allow five business days for a response to a request.
Finally, the Public Records Act: N.R.S. 239 et seq.
Nevada Public Records Act (NPRA)
- Promotes transparency in government
- Allows for open access to agency records
- Maximizes the public’s right of access to agency records
General Premise:
- “The Legislature declared that the purpose of the NPRA is to further the democratic ideal of an accountable government by ensuring that public records are broadly accessible.” Reno Newspapers, Inc. v. Jim Gibbons, Governor of the State of Nevada, 127 Nev. Adv. Op. 79, at 5 (2011) (citing NRS 239.001(1)).
- All records requested must be identifiable and requests must not be overbroad. See State ex re. Zidonix v. Columbus State Community College, 976 N.E.2d 861, 866-67 (Ohio 2012).
- Records should be presumed to be public unless a specific statute provides for confidentiality.
5th Business Day Written Response
Three Options
- Provide the records requested either by giving a copy to the requester or allowing the requester to inspect the records.
- Provide the date when the records are available.
- Inform the requester that the agency does not have the requested records, and provide the name and contact information for the government entity that does have the records, if known.
What you should know
- A Written Response is required.
- An agency must respond in writing to records requests by not later than the end of the fifth business day after the request is received. NRS 239.0107(1).
- If a public book or record is readily available, in lieu of a written response the agency shall allow the requestor to inspect or copy or receive a copy of the record.
- Do you have a public records policy and procedure to ensure that you are meeting this time frame?