Public Employees' Retirement System v. Reno Newspapers, Inc.

313 P.3d 221, 129 Nev. 833, 129 Nev. Adv. Rep. 88, 2013 WL 6231274, 2013 Nev. LEXIS 102
CourtNevada Supreme Court
DecidedNovember 14, 2013
DocketNo. 60129
StatusPublished
Cited by21 cases

This text of 313 P.3d 221 (Public Employees' Retirement System v. Reno Newspapers, Inc.) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Public Employees' Retirement System v. Reno Newspapers, Inc., 313 P.3d 221, 129 Nev. 833, 129 Nev. Adv. Rep. 88, 2013 WL 6231274, 2013 Nev. LEXIS 102 (Neb. 2013).

Opinion

OPINION

By the Court,

Parraguirre, J.:

In this appeal, we discuss the applicability of Nevada’s Public Records Act (the Act) to information stored in the individual files [835]*835of retired employees that are maintained by appellant Public Employees’ Retirement System of Nevada (PERS). Specifically, we address the scope of confidentiality set forth in NRS 286.110(3), which states that “[t]he official correspondence and records, other than the files of individual members or retired employees, ... are public records and are available for public inspection.” (Emphasis added.)

Although we conclude that the individual files have been declared confidential by statute and are thereby exempt from requests pursuant to the Act, other reports that PERS generates based on information contained in the files are not similarly protected by NRS 286.110(3). However, information contained in such other reports may still be declared confidential, privileged, or protected by other statutes, rules, or caselaw, and therefore not subject to disclosure under the Act. Accordingly, we affirm in part and vacate in part the district court’s order.

FACTS AND PROCEDURAL HISTORY

In 2011, respondent Reno Newspapers, Inc., doing business as the Reno Gazette-Journal (RGJ), submitted a public records request to PERS seeking the following pension information: the names of all individuals who are collecting pensions, the names of their government employers, their salaries, their hire and retirement dates, and the amounts of their pension payments. RGJ’s request originated as part of an investigation concerning government expenditures and the public cost of retired government employee pensions. PERS denied RGJ’s request, asserting that the information was confidential pursuant to NRS 286.110(3), which states that the files of individual retired employees are not public records, and NRS 286.117, which requires a personal waiver from the member to review and copy such records.

RGJ filed a petition for a writ of mandamus in district court seeking the requested information, which it asserted is not confidential because it is generated from public records and easily accessible through an electronic search of the PERS system. PERS opposed the petition, arguing that it strictly maintains the requested information as confidential and that the privacy interests involved outweigh the public’s interest in disclosure.1 For support, PERS submitted a declaration from its executive officer explaining that all information related to the individual files is maintained as [836]*836confidential but that PERS provides an annual valuation of its system in aggregate form as a public record.

The district court granted RGJ’s petition, concluding that neither NRS 286.110(3) nor NRS 286.117 declared the requested information confidential and that privacy concerns did not clearly outweigh the public’s right to disclosure. The district court ordered PERS to produce a report for RGJ containing the requested information, subject to appropriate fees under NRS 239.052 and so long as the home addresses and social security numbers of the retired public employees remained confidential.2 PERS now brings this appeal.

DISCUSSION

PERS argues on appeal that the district court erred in granting RGJ’s petition because the Legislature, by enacting NRS 286.110(3), has explicitly declared that information contained in the individual files of retired employees is confidential. Alternatively, PERS argues that the privacy interests in nondisclosure clearly outweigh the public’s interest in accessing that information.

Standard of review

“A writ of mandamus is available to compel the performance of an act that the law requires as a duty resulting from an office, trust, or station[,] or to control an arbitrary or capricious exercise of discretion.” Int’l Game Tech., Inc. v. Second Judicial Dist. Court, 124 Nev. 193, 197, 179 P.3d 556, 558 (2008) (footnote omitted); see NRS 34.160. This court reviews a district court’s decision to grant or deny a petition for a writ of mandamus under an abuse of discretion standard. City of Reno v. Reno Gazette-Journal, 119 Nev. 55, 58, 63 P.3d 1147, 1148 (2003). Questions of statutory construction, however, including the meaning and scope of a statute, are questions of law, which this court reviews de novo. Id.

Application of Nevada’s Public Records Act

At the outset, the Act establishes that “all public books and public records of governmental entities must remain open to the public, unless ‘otherwise declared by law to be confidential.’ ” Reno Newspapers, Inc. v. Gibbons, 127 Nev. 873, 877, 266 P.3d 623, 626 (2011) (quoting NRS 239.010(1)). The Act’s purpose is to promote government transparency and accountability by facilitating [837]*837public access to information regarding government activities. Id. “Generally, when ‘the language of a statute is plain and unambiguous, ... the courts are not permitted to search for its meaning beyond the statute itself.’ ” Chanos v. Nev. Tax Comm’n, 124 Nev. 232, 240, 181 P.3d 675, 680 (2008) (quoting State, Div. of Ins. v. State Farm Mut. Auto. Ins. Co., 116 Nev. 290, 293, 995 P.2d 482, 485 (2000)). Moreover, in order to advance the Act’s public access goal, the Act’s “provisions must be liberally construed to maximize the public’s right of access,” and “any limitations or restrictions on [that] access must be narrowly construed.” Gibbons, 127 Nev. at 878, 266 P.3d at 626 (citing NRS 239.001(2)-(3)). Accordingly, this court begins its analysis of claims of confidentiality under the Act with a presumption in favor of disclosure. Id. at 880, 266 P.3d at 628.

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Bluebook (online)
313 P.3d 221, 129 Nev. 833, 129 Nev. Adv. Rep. 88, 2013 WL 6231274, 2013 Nev. LEXIS 102, Counsel Stack Legal Research, https://law.counselstack.com/opinion/public-employees-retirement-system-v-reno-newspapers-inc-nev-2013.