Nevada police certification 2023-01-13

Lindsey Feingold filed this request with the Nevada Commission On Peace Officer Standards And Training of Nevada.

It is a clone of this request.

Est. Completion None
Status
Fix Required

Communications

From: Lindsey Feingold

To Whom It May Concern:

This is a public records request made via MuckRock under the Nevada Open Records Act § 239 et seq., seeking records related to law enforcement officer certification in this state.

This request is brought by Big Local News along with a collaboration of news organizations, including ABC News, KQED, MuckRock and other news organizations. Big Local News is a program of Stanford University’s Journalism and Democracy Initiative and helps journalists collect, process and analyze public data.

We are seeking two categories of certification records:

* All certified officers
All law enforcement officers who are actively certified as of the date of this request (or when the request is processed). If your system maintains historical records of previously certified officers who are no longer active, please include them as far back as possible. If correctional officers are certified by your agency, please include them as well.

* Decertified officers
All law enforcement officers who have been decertified through revocations, voluntary surrenders, suspensions or any other actions going back as far as possible. Please include records for decertified correctional officers if available.

Data elements for certified officers:
* Officer unique ID number
* POST or state certification ID number
* Officer’s full name
* Officer’s date of birth or, if not releasable, year of birth or current age
* Officer’s city and/or zip code of residence
* Officer’s last/current department or agency
* Officer’s last/current department or agency start date
* Officer’s last/current position and/or rank at that department or agency
* Officer’s previous departments/agencies (employment history), with start and end dates
* Officer’s positions and/or ranks at previous departments or agencies
* Officer’s original date of certification
* Current status of certification (active, lapsed, expired, suspended, etc.)
* Last action taken on certification
* Date of last action on certification
* Disciplinary actions taken against this officer’s certification
* Dates of disciplinary actions taken against this officer’s certification
* Training history/additional certifications of this officer, if available

Data elements for decertified officers:
* Officer unique ID number
* POST ID number
* Officer’s full name
* Officer’s date of birth or, if not releasable, year of birth or current age
* Officer’s city and/or zip code of residence.
* Officer’s last department/agency, with start and end date
* Officer’s last position and/or rank at that department or agency
* Decertification action taken (revocation, suspension, voluntary surrender, etc.)
* Date decertification action taken
* POST case number, if applicable
* Reason for decertification or similar action

If your certification system contains data elements not listed above, please include them in the response, provided they are releasable under the law. On the other hand, we recognize some of the information we are asking for may not be tracked by your system. If that is the case, we are willing to accept as many of the data elements as your agency maintains. If some records are more readily available, we are happy to receive partial information as soon as possible while the remaining request is processed.

In addition to the data elements listed, we request documentation necessary to understand and interpret the data, including but not limited to record layouts, data dictionaries, code sheets, lookup tables, etc.

Our preference is to receive structured data provided in a machine-readable text file, such as delimited or fixed-width formats. We can also handle a variety of other data formats including SQL databases, Excel workbooks and MS Access. If there are additional formats your agency would prefer to provide, please let us know.

We are seeking this information as a news media organization on a matter of public interest concerning the conduct of government. As such, we ask for a waiver of all fees, if allowed under state law. If fees are necessary to reimburse the agency for actual costs, we agree to pay up to $100. If costs exceed that amount, please let us know before fulfilling the request.

Please send clarifications and questions via electronic communication at any time. Thank you very much for your time and attention to this request.

Lindsey Feingold
Data Journalist
ABC Owned Television Stations
+1 (628) 230-7126

From: Nevada Commission On Peace Officer Standards And Training

To Whom it May Concern,

Pursuant to NRS239.0107 I am making you aware Nevada POST is unable to provide these items per this request within 5 days as we are consulting with our legal advisor to determine what records we are able to provide. We anticipate giving you a further response within 2 weeks.

Thank you,

Kathy Floyd
Chief, Standards Division
Nevada Commission on POST
post.nv.gov<https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fpost.nv.gov&c=E,1,Qqi8IRCjU1wnw6tRh86yixAbli6bRVM0hhvSzB6mOOe2l-PROPcv56XX0iMmMKSxvPGGFRXLV5kSHcS-OFMaP0wqSreBQE2vZPdspOWHSPA,&typo=1&ancr_add=1>
(775) 687-3335

From: Nevada Commission On Peace Officer Standards And Training

To Whom it May Concern,

Due to the volume of your request, this is still under legal review. Once we have a determination, I will advise you of the decision.

Please confirm receipt of this notice.

Thank you,

Kathy Floyd
Chief, Standards Division
Nevada Commission on POST
post.nv.gov<https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fpost.nv.gov&c=E,1,Qqi8IRCjU1wnw6tRh86yixAbli6bRVM0hhvSzB6mOOe2l-PROPcv56XX0iMmMKSxvPGGFRXLV5kSHcS-OFMaP0wqSreBQE2vZPdspOWHSPA,&typo=1&ancr_add=1>
(775) 687-3335

From: Lindsey Feingold

Hi,

Thanks for the updated response! I am confirming receipt of this notice.

Best,
Lindsey

Lindsey Feingold
Data Journalist
ABC Owned Television Stations
+1 (628) 230-7126

From: Nevada Commission On Peace Officer Standards And Training

Good Afternoon,

I wanted to advise you that I should have a determination on this request from my legal advisor no later than the end of next week.

Thank you,

Kathy Floyd
Chief, Standards Division
Nevada Commission on POST
post.nv.gov<https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fpost.nv.gov&c=E,1,Qqi8IRCjU1wnw6tRh86yixAbli6bRVM0hhvSzB6mOOe2l-PROPcv56XX0iMmMKSxvPGGFRXLV5kSHcS-OFMaP0wqSreBQE2vZPdspOWHSPA,&typo=1&ancr_add=1>
(775) 687-3335

From: Lindsey Feingold

Hi Kathy,

I just wanted to follow up about this. Do you have a determination on this request?

Thanks,
Lindsey

Lindsey Feingold
Data Journalist
ABC Owned Television Stations
+1 (628) 230-7126

From: Nevada Commission On Peace Officer Standards And Training

Good Morning,

Due to the extremely high volume of the records implicated, review of the records and legals review are almost complete. We anticipate having a response ready to send to you next week.

Thank you,

Kathy Floyd
Chief, Standards Division
Nevada Commission on POST
post.nv.gov<https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fpost.nv.gov&c=E,1,Qqi8IRCjU1wnw6tRh86yixAbli6bRVM0hhvSzB6mOOe2l-PROPcv56XX0iMmMKSxvPGGFRXLV5kSHcS-OFMaP0wqSreBQE2vZPdspOWHSPA,&typo=1&ancr_add=1>
(775) 687-3335

From: Nevada Commission On Peace Officer Standards And Training

Good Afternoon,

After review of more than 26,300 pages of the Officer Profile Report, we have determined that the records in POST’s possession that would be responsive to your request are Employee History reports for individual certified peace officers. POST is in possession of approximately 10,561 such records that may be responsive to your request. However, after extensive review and consultation with legal counsel, we have determined that these records will not be provided because their release may jeopardize sensitive law enforcement employment information and personal privacy information (See Donrey of Nevada, Inc. v. Bradshaw, 798 P.2d 144 (1990); Reno Newspapers, Inc. v. Gibbons, 127 Nev. 873, 880, 266 P.3d 623, 628 (2011). See also Clark Cnty. School Dist. v. Las Vegas Review-Journal, 134 Nev. 700, 708, 429 P.3d 313, 320 (2018) (holding that Nevada’s common law protects personal privacy interests from unrestrained disclosure under the NPRA); Las Vegas Metro. Police Dep’t v. Las Vegas Review-Journal, 478 P.3d 383, 387–88, 136 Nev. 733, 737–38 (2020) (noting that “Nevada law … recognizes privacy rights in a laundry list of areas”) (citation omitted). Specifically, and as provided by the governing authority just cited - in balancing the public’s interest in disclosure of records against the duty and interest of law enforcement employers and licensing agencies in protecting the privacy of peace officer employees’ sensitive employment and personal identifying information, we determine that it would be improper to release the requested records. This balancing determination is further expressly consistent with provisions found in NAC 284.718 (1)(g) & (i), which specifically identify the requested records as confidential employee eligibility information and/or reports. Further, the rationale supporting POST’s privacy-interests balancing determination supports non-release of Employee History reports for both state and non-state employee peace officers.

Thank you,

Kathy Floyd
Chief, Standards Division
Nevada Commission on POST
post.nv.gov<https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fpost.nv.gov&c=E,1,Qqi8IRCjU1wnw6tRh86yixAbli6bRVM0hhvSzB6mOOe2l-PROPcv56XX0iMmMKSxvPGGFRXLV5kSHcS-OFMaP0wqSreBQE2vZPdspOWHSPA,&typo=1&ancr_add=1>
(775) 687-3335

From: Lindsey Feingold

Hi Kathy,

Thanks for your response. Employee history reports for individual certified peace officers were previously released in 2019 to the Invisible Institute and I'm just seeking an update to that data. Would it be possible, based on this information, to get copies of those records?

Thanks,
Lindsey

Lindsey Feingold
Data Journalist
ABC Owned Television Stations
+1 (628) 230-7126

From: Nevada Commission On Peace Officer Standards And Training

Good Morning,

I have gone back in my records to find the information sent in 2019, but it may have been processed by my predecessor and records of any related correspondence are no longer readily available to me. Regardless, even if POST previously provided the records, updates in the law and in our interpretation of the relevant privacy interests of peace officer employees, support our current position to not provide the reports, for all the reasons explained in my last email.

Thank you,

Kathy Floyd
Chief, Standards Division
Nevada Commission on POST
post.nv.gov<https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fpost.nv.gov&c=E,1,Qqi8IRCjU1wnw6tRh86yixAbli6bRVM0hhvSzB6mOOe2l-PROPcv56XX0iMmMKSxvPGGFRXLV5kSHcS-OFMaP0wqSreBQE2vZPdspOWHSPA,&typo=1&ancr_add=1>
(775) 687-3335

From: Lindsey Feingold

Hi Kathy,

Thanks for getting back to me about this. What is the update in the law you're referring to? I have also attached the 2019 correspondence, which you're part of, to this email in case it's helpful.

Thanks,
Lindsey

Lindsey Feingold
Data Journalist
ABC Owned Television Stations
+1 (628) 230-7126

From: Nevada Commission On Peace Officer Standards And Training

Good Morning,

See Donrey of Nevada, Inc. v. Bradshaw, 798 P.2d 144 (1990); Reno Newspapers, Inc. v. Gibbons, 127 Nev. 873, 880, 266 P.3d 623, 628 (2011). See also Clark Cnty. School Dist. v. Las Vegas Review-Journal, 134 Nev. 700, 708, 429 P.3d 313, 320 (2018) (holding that Nevada’s common law protects personal privacy interests from unrestrained disclosure under the NPRA); Las Vegas Metro. Police Dep’t v. Las Vegas Review-Journal, 478 P.3d 383, 387–88, 136 Nev. 733, 737–38 (2020) (noting that “Nevada law … recognizes privacy rights in a laundry list of areas”) (citation omitted). Specifically, and as provided by the governing authority just cited - in balancing the public’s interest in disclosure of records against the duty and interest of law enforcement employers and licensing agencies in protecting the privacy of peace officer employees’ sensitive employment and personal identifying information, we determine that it would be improper to release the requested records. This balancing determination is further expressly consistent with provisions found in NAC 284.718 (1)(g) & (i), which specifically identify the requested records as confidential employee eligibility information and/or reports. Further, the rationale supporting POST’s privacy-interests balancing determination supports non-release of Employee History reports for both state and non-state employee peace officers.

Thank you,

Kathy Floyd
Chief, Standards Division
Nevada Commission on POST
post.nv.gov<https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fpost.nv.gov&c=E,1,Qqi8IRCjU1wnw6tRh86yixAbli6bRVM0hhvSzB6mOOe2l-PROPcv56XX0iMmMKSxvPGGFRXLV5kSHcS-OFMaP0wqSreBQE2vZPdspOWHSPA,&typo=1&ancr_add=1>
(775) 687-3335

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