Legal Alert - Public Record Requests—New Scope of Confidentiality and Disclosure Requirements Under Nevada's Public Records Act
by John S. Delikanakis
In a recent en banc opinion affecting all Nevada public entities, the Nevada Supreme Court addressed the scope of confidentiality under Nevada’s Public Records Act, NRS 286.110(3)(“the Act”).
The opinion arises out of a 2011 public records request [by a Reno-based newspaper, the Reno-Gazette-Journal, to Nevada’s Public Employees’ Retirement System (“PERS”)]. The newspaper sought the names of all individuals collecting pensions, the names of their government employers, their salaries, their hire and retirement dates and the amount of their pension payments.
PERS denied the request, claiming that the information under the Act was confidential because the personnel files of individual retired employees are not public records.