Emails related to BDS Law

To Whom It May Concern:

Pursuant to the Nevada Public Records Act, I hereby request the following records:

Copies of any email communications with Andrew Clinger, Matt Morris, Michael Willden, Mari St. Martin, Pam Robinson, Shannon Litz, Christina Davis, or Brian Sandoval from November 11, 2016 to June 7, 2017 that include the words: "BDS", "SB 96", "SB96", or "Senate Bill 96"

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.

Sincerely,

Russel Neiss

Dear Ms. Reynolds,

Thank you for your prompt response.

I am in receipt of your response on behalf of the Office of the Governor to my public records request, stating that, "Your request is under review to determine if this Office possesses any records that match your search criteria and, if so, whether any such records are subject to disclosure pursuant to NRS Chapter 239. Due to the need for technological assistance, and the limited resources currently devoted to processing and reviewing other pending public records requests, we currently anticipate that it may take a few weeks to complete the review. You will be provided with an update on the status of your request within thirty (30) days from the date of this letter, if any additional time for review is necessary."

This response violates the express language of NRS 239.0107 which requires that within five business days you grant access to record [239.0107(1)(a)], claim that you do not not have legal custody or control over the record [239.0107(1)(b)], deny access to the record [239.0107(1)(d)], or if you are unable to produce the records you must give notice [239.0107(1)(c)(1)] and provide a date and time after which the record will be available [239.0107(1)(c)(2)].

Contrary to statute, the Office of the Governor has not said that it is unable to produce the requested records in a timely manner, nor has it denied the records request, nor claimed that they lack the legal custody of said records. It has merely announced that "the request is under review."

The Office of the Governor cannot credibly claim that it cannot produce within five days all of the requested emails from eight individuals from an email server under their control. Good faith compliance with the law requires the Office of the Governor to produce within the five-day period all available responsive documents, to identify documents which will require more time to provide, to identify any records that do not exist, and to provide both a description of the efforts underway to obtain such documents and a reasonable time frame for their production.

I will expect a response from the Office of the Governor that complies with the Public Records Act within five business days of this letter. That gives the office more than twice the time allotted by statute to provide access to its public records.

Thank you for your anticipated assistance,
Russel Neiss