Results 1 to 9 of 9

Thread: Public Records Request

  1. #1
    Regular Member
    Join Date
    Feb 2010
    Location
    Northern Nevada, ,
    Posts
    721

    Public Records Request

    Does anybody know how a request (demand!) for public records works in NV?

    I'm looking to get the following:

    - names and other identifying information of police officers working a particular detail at a particular time
    - incident reports, as above

    Can a local PD claim any or all of that information as privileged or confidential?

  2. #2
    Regular Member
    Join Date
    May 2008
    Location
    Sparks, NV, Nevada, USA
    Posts
    471
    You may be able to get records of a perticular event by requesting all data related to the stop under the FOIA (Freedom of Information Act).

    Names and times of shifts are probably confidential, but sometimes the local paper publishes the number of officers on duty at any given time. For example, about 3 months ago they published that there are usually no more than 6 officers on duty in Sparks on any given night. Go figure.

  3. #3
    Regular Member
    Join Date
    Feb 2010
    Location
    Northern Nevada, ,
    Posts
    721
    FOIA is federal only.

    There's some similar law on the books for Nevada but I don't know whether it covers something like this or if it's just for deeds, titles, property, taxes, licenses, permits, etc.

    Of course I could just subpoena it. But I'd first need some kind of standing in the court and a case to relate the subpoena to?

  4. #4
    Moderator / Administrator Grapeshot's Avatar
    Join Date
    May 2006
    Location
    North Chesterfield, Va.
    Posts
    34,611
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  5. #5
    Regular Member
    Join Date
    May 2009
    Location
    Las Vegas, Nevada, USA
    Posts
    1,251
    In nevada it is called NORA (Nevada Open Records Act) it is chapter 239 in the NRS. To answer about the police Stating that the info is confidential? Very probable.
    They most likey will not realease even first names. but it is a good chapter of the NRS to read through. I Have served severa NORA requests, if anyone would like a starter form, just PM me and I will hook it up, It is like fishing, pretty cool, and some times you get pleasently surprised at what you can get for the price of a postage stamp.
    Last edited by DON`T TREAD ON ME; 08-06-2010 at 11:13 PM. Reason: punc.

  6. #6
    Regular Member
    Join Date
    May 2009
    Location
    Las Vegas, Nevada, USA
    Posts
    1,251
    I Sent off a NORA request over the weekend, and remembered this thread. I thought that I would share my format with everyone, this is by no means the only way to fly, but it is a start.
    Another point is, that it is cool going to the mailbox and getting a "golden nugget"
    These agency's are unpredictible, and you never know what you will get, and that makes it more fun. here is my example of what I sent to Clark County parks, feel free to help me if you see room for improvement.

    NEVADA OPEN RECORDS ACT REQUEST


    Clark County parks and Recreation,
    2601 E. Sunset Road,
    Las Vegas, Nevada 89120


    August, 19 2010

    Pursuant to the NRS chapter 239, I hereby request the following:

    Clark County Park Police, written policy regarding internal affairs complaints. See NRS.

    NRS 289.055 Establishment and availability of written procedures for investigating complaints and allegations of misconduct. Each agency in this State that employs peace officers shall:
    1. Establish written procedures for investigating any complaint or allegation of misconduct made or filed against a peace officer employed by the agency; and
    2. Make copies of the written procedures established pursuant to subsection 1 available to the public.
    (Added to NRS by 1999, 948)

    I also request the following:
    1. The number of violent crimes reported in Clark County parks in the last 12 months.
    2. The number of violent crimes “stopped in progress” by park police in the last 12 months.
    3. The number of instances of burglary or vandalism, public and private property in Clark County Parks in the last 12 months.
    4. The number of those burglaries, or vandalism attempts that were stopped in progress by your police force in the last 12 months.
    5. The number of Citizens charged with bringing a firearm into a county park, who were committing no other crime, in the last 12 months.
    6. All statistical records retained by any Agency that are related to crime and or firearms in Clark County Parks, in the last 12 months.


    NRS 239.030 Furnishing of certified copies of public records. Every officer having custody of public records, the contents of which are not declared by law to be confidential, shall furnish copies certified to be correct to any person who requests them and pays or tenders such fees as may be prescribed for the service of copying and certifying.
    [1:73:1909; RL 2045; NCL 2976]—(NRS A 1973, 353)
    NRS 239.0107
    Requests for inspection or copying of public books or records: Actions by governmental entities.
    1. Not later than the end of the fifth business day after the date on which the person who has legal custody or control of a public book or record of a governmental entity receives a written request from a person to inspect or copy the public book or record, a governmental entity shall do one of the following, as applicable:
    (a) Allow the person to inspect or copy the public book or record.
    (b) If the governmental entity does not have legal custody or control of the public book or record, provide to the person, in writing:
    (1) Notice of that fact; and
    (2) The name and address of the governmental entity that has legal custody or control of the public book or record, if known.
    (c) Except as otherwise provided in paragraph (d), if the governmental entity is unable to make the public book or record available by the end of the fifth business day after the date on which the person who has legal custody or control of the public book or record received the request, provide to the person, in writing:
    (1) Notice of that fact; and
    (2) A date and time after which the public book or record will be available for the person to inspect or copy. If the public book or record is not available to the person to inspect or copy by that date and time, the person may inquire regarding the status of the request.
    (d) If the governmental entity must deny the person’s request to inspect or copy the public book or record because the public book or record, or a part thereof, is confidential, provide to the person, in writing:
    (1) Notice of that fact; and
    (2) A citation to the specific statute or other legal authority that makes the public book or record, or a part thereof, confidential.
    2. The provisions of this section must not be construed to prohibit an oral request to inspect or copy a public book or record.
    (Added to NRS by 2007, 2061)
    If your agency does not maintain these public records, please let me know who does. However, if your office maintains any portion of the requested records, provide all segregable portions to which you are able to offer a response. Also, please include with your response the name and address of the proper custodian, where I may write to request the remainder of the records.

    If you choose to deny this request or any portion thereof, please provide a written explanation for the denial including a reference to the specific statutory exemption(s) upon which you rely. Also, please provide all otherwise non-exempt portions of denied material, redacting confidential or exempted information.



    I will pay copying fees in accordance with NRS.
    Thank you.

    XXXXXXXXXXXXXX

    xxxxxxxxxxxxxxxxx
    Las Vegas, Nevada 891XX
    Last edited by DON`T TREAD ON ME; 08-22-2010 at 10:53 PM. Reason: spelling of course

  7. #7
    Regular Member
    Join Date
    Feb 2010
    Location
    Northern Nevada, ,
    Posts
    721
    I need a volunteer to accompany me with my small video recorder when I request the incident report in person. I'll have my voice recorder going but I want a backup in case it's seized.

    Tuesday through Friday from 9 a.m. until 3:30 p.m.

  8. #8
    Regular Member
    Join Date
    Oct 2010
    Location
    Southwest Las Vegas
    Posts
    13
    are you in Vegas by chance. If so, I can take a LONG lunch sometime.

  9. #9
    Regular Member
    Join Date
    Feb 2010
    Location
    Northern Nevada, ,
    Posts
    721
    Quote Originally Posted by Yard Sale View Post
    I need a volunteer to accompany me with my small video recorder when I request the incident report in person. I'll have my voice recorder going but I want a backup in case it's seized.

    Tuesday through Friday from 9 a.m. until 3:30 p.m.
    Bumped in light of Felid Maximus' recent OC experience at the Sheriff. I don't want to go without a third-party camera that won't be seized.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •