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Nevada court says public records on private devices are open

Posted at 5:12 PM, Mar 30, 2018
and last updated 2018-03-30 20:12:11-04

The Nevada Supreme Court says public employee emails and cell phone communications are public records, even if they are stored on personal cellphone and computer devices.

The state high court ruled unanimously Thursday that a group of Lyon County residents can obtain records reflecting decision-making by Lyon County commissioners about a Comstock Mining land-use request in January 2014.

The court says a state court judge in Lyon County will have to determine whether the requested records concern "the provision of a public service."

Commissioners in the northern Nevada county are issued county email addresses to conduct public business, but are not issued county cell phones or computers when they take office.

The ruling overturns a decision by a judge in Lyon County, who decided in 2016 that the records weren't public because the personal phones and computers weren't paid for by taxpayers.