2017 2:00:00 PM

Monday, October 23, 2017 2:00 PM
Council Chambers, Legislative Bldg., 745 4th St. , Sparks, NV

General Business: 9.3

Title: Consideration, discussion and possible adoption of Resolution No. 3324 providing for the adoption of the Nevada Public Records Act, the Nevada Local Government Records Retention Schedules, and the Nevada Local Government Records Program Manual; defining extraordinary use of personnel and technology; defining confidential records; policy for establishing and waiving fees associated with public records requests; and providing for matters relating thereto.

Petitioner/Presenter: Teresa Gardner, City Clerk/Julie Torres, Records Coordinator

Recommendation: Staff recommends the City Council adopt the Resolution as submitted.

Financial Impact: N/A

Business Impact (Per NRS 237):
A Business Impact Statement is not required because this is not a rule.

Agenda Item Brief:

The proposed Resolution will provide a city-wide records management program including rules for maintaining, retaining, and destroying public records; establishing fees for public records requests in accordance with Nevada Revised Statute as well as requirements to waive said fees; definitions for confidential information; and extraordinary use of personnel and technology.

Background:

In December 1980, Resolution No. 1535 was adopted establishing a records managment program within the office of the City Clerk. In October 2009, Resolution No. 3163 was adopted establishing guidelines for records destruction, management, and retention. Over the years, the Nevada State Library, Archives, and Public Records has expanded guidelines and regulations regarding public records, including the adoption of the Nevada Public Records Act: a manual for State agencies. This manual provides guidelines for processing public records requests and the deadlines for providing them.

Analysis:

The State of Nevada maintains the Local Government Records Management Program Manual and corresponding Retention Schedules as well as the Nevada Public Records Act and makes periodic changes to these documents by way of legislation and Nevada State Library, Archives, and Public Records staff revisions. The rules and regulations established in these documents are in conjunction with Nevada Revised Statute and Nevada Administrative Code. They have been developed in coordination with the Nevada Attorney General. By adopting these manuals, the City of Sparks will be utilizing the resources provided to us by the State of Nevada, at no additional cost.

The State of Nevada does not define the terms "confidential information" or "extraordinary use of personnel and technology" and mandates local government entities adopt said definitions. The proposed Resolution provides these definitions.

Nevada Revised Statute provides local government entities the ability to charge fees for copies provided as part of a public records request as well as additional fees for extraordinary use of personnel and technology. Local government entities have the discretion to waive said fees so long as the requirements to waive are adopted by the public body and posted in a conspicuos place. Fees charged may not exceed the actual cost to the City of Sparks to provide the copy of the public record unless a specific statute or regulation sets a fee that the City must charge. The fee for providing a copy of the record must not exceed the amount outlined by the State in NRS 239.052. The City Clerk will maintain a list of copy fees and post them accordingly. These fees may be periodicly updated to reflect the actual cost incurred to produce copies.

Alternatives:

1. The City Council may approve the Resolution as submitted.

2. The City Council may direct the City Manager to make changes to the proposed Resolution.

Recommended Motion:

I move to adopt the Resolution.

Attached Files: