A complaint from the Nevada Policy Research Institute (NPRI) filed with the state against lobbyist Marlene Lockard has no merit, according to the Legislative Counsel Bureau director Richard Combs.
In a letter to Robert Fellner, who filed the complaint on behalf of NPRI, a free-market think tank that is hostile to government, Combs writes that Lockard was stating her opinion during testimony on a measure that would replace retirees’ names with numbers in public record requests.
Lockard testified that under standing court rulings, personal information included in a retiree’s file could possibly be made public.
“From my review of the information provided in your email and the testimony provided at the March 1, 2019, hearing, it appears that Ms. Lockard was expressing her opinion regarding the current state of the law regarding the information maintained by PERS and her opinion regarding the advantages of enacting SB 224,” Combs wrote to Fellner.
Combs went on to say:
“My reading of the opinions issued by the District Court and the Nevada Supreme Court leads me to the conclusion that the courts have not specifically ruled on whether retirees’ passport information, addresses of retirees’ ex-spouses, and birth certificates of retirees would be considered public records that must be provided if a request for such information is ever made. The opinions appear instead to suggest that any such request would be subject to a factual determination of whether the risks posed by disclosure of the information would outweigh the benefits of the public’s interest in access to the information.”