Existing law provides that, unless otherwise declared by law to be confidential, all public books and records of a state or local governmental entity are required to be open at all times during office hours for the public to inspect, copy or receive a copy thereof. Existing law also authorizes a person to request a copy of a public book or record in any medium in which the book or record is available. (NRS 239.010) Section 2 of this bill creates the Office of Public Records Ombudsman as an independent agency in the Executive Department of State Government and requires the Governor to appoint a person as the Public Records Ombudsman. Section 5 of this bill defines the term “Ombudsman.” Section 3 of this bill sets forth the duties of the Ombudsman, which include establishing a mediation program for complaints relating to public books and records, investigating complaints relating to public books and records, and providing training, education and educational material relating to public books and records. Section 4 of this bill authorizes a person to file a complaint with the Ombudsman. Upon receiving a complaint, section 4 requires the Ombudsman to notify the governmental entity of the complaint and offer the parties the opportunity to resolve the complaint through mediation. If a party refuses mediation or the mediation is unsuccessful, section 4 authorizes the Ombudsman to initiate an investigation into the complaint and issue a final determination not later than 90 days after initiating the investigation and, if warranted, provide relief in the form of: (1) denying the request for the release of the public book or record; (2) requiring the governmental entity to permit the requester to inspect or copy the public book or record; or (3) waiving or reducing the fee charged by the governmental entity for providing a copy of the public book or record to the requester. If a request for inspection, copying or copies of a public book or record is denied or unreasonably delayed, or if the person making the request believes that the fee charged by the governmental entity is excessive or improper, existing law authorizes a requester to apply to a district court for an order permitting the requester to make or receive a copy of the book or record or providing relief relating to the amount of the fee. (NRS 239.011) Sections 4 and 6 of this bill authorize a requester or governmental entity that is aggrieved by the final determination of the Ombudsman to seek judicial relief.

Statutes affected:
As Introduced: 239.005, 239.011