In October 2017, City Council approved Resolution No. 3324, adopting various policies to implement the Nevada Public Records Act (NPRA). Resolution No. 3324 also formalized and standardized the City's public records policies and practices.

During the 2019 legislative session, the Nevada Legislature adopted Senate Bill (SB) 287. While the City's public records program is robust and continues to improve, SB 287 makes significant changes to the NPRA. For example, SB 287 § 1 imposes civil penalties for willful violations of the NPRA, making the City's compliance with the NPRA even more important. Under SB 287 § 7, a person can seek a court order if the person believes either the City's response to a public records request was unreasonably delayed or the City charged an unreasonable fee for the records. SB 287 § 3(1) clarifies what fees may be charged, stating that the "actual cost" of providing a record includes "the cost of ink, toner, paper, media and postage," suggesting that employees' time cannot be included in the fees charged to a person requesting a public record. Perhaps most significantly, SB 287 § 13 repeals NRS 239.055, which allowed the City to charge additional fees if "extraordinary use of personnel or technology" was required to respond to a public records request. Much of Resolution No. 3324 set City policy for applying NRS 239.055; once SB 287 becomes effective on October 1, 2019, those provisions will no longer be in compliance with the NPRA.

In short, SB 287 dramatically changed the NPRA, requiring the City to change its policies implementing the NPRA. If approved, Resolution No. 3353 will supercede Resolution No. 3324 and provide the necessary changes to the City's policies implementing the NPRA.

Resolution No. 3353 implements the amended NPRA in several ways. First, it adopts the Local Government Records Management Program Manual and Local Government Records Retention Schedules approved by the Nevada State Library, Archives and Public Records Administrator. Second, the Resolution adopts a definition of "confidential information" that tracks Nevada law and a policy regarding assertions of confidentiality. Third, Resolution No. 3353 addresses the permissible fees for public records requests by including SB 287's definition of "actual cost" and authorizing the City Manager to establish a fee schedule for public records requests based on actual costs incurred in providing public records.

Staff recommends that the City Council approve Resolution No. 3353 in order to implement SB 287.

City Council could decline to approve Resolution No. 3353 and give further direction to the City Manager.

I move to approve Resolution No. 3353, adopting the Nevada Local Government Records Management Program Manual and Local Government Records Retention Schedules; defining confidential information; and adopting a policy for establishing fees associated with public records requests.