FOIA Request: Previous Requests for POST Certification Data

Good Morning,

Pursuant to NRS239.0107 I am making you aware 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

Good Morning,

As mentioned in the response to your July 24th request, this request is also being reviewed by our legal advisors. We are awaiting direction from them and should know something within 2 weeks. I will let you know if that projection changes.

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

Good Afternoon,

Pursuant to the State of Nevada Record Retention Schedule, we maintain Public Records Requests, including related correspondence, for 3 years. I have been in contact with the agency that maintains State of Nevada emails, and they also adhere to the State Retention Schedule. I will be able to provide my email requests, and related correspondence, from September of 2020 to current. We have determined that besides myself, there are no other individuals at POST who possess any responsive correspondence at this time. Therefore, the State of Nevada Information Technology Agency will have to supply the emails for other individuals here at NV POST that may have received such requests at some point. I do not know, at this time, how long it will take them to produce these emails. I will provide you with updates as appropriate. We do not receive such requests in any other format than email.
For clarification purposes, we understand you to be looking for all email requests from media outlets, such as yourself, that have made any type of request for all active/inactive officer employment and certification records and our correspondence with them. As noted above, the documents we will provide will date from September of 2020 to current.

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

Thank you!

Good Afternoon,

I wanted to give you an update on the progress I have made toward your request. I anticipate sending you this documentation on 09/28/23. I am compiling it all and will send you a google link to access the documentation.

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

Good Afternoon,

Here is the link to access the information pursuant to this request:

https://drive.google.com/drive/folders/10H9mSRvIf9ZBP5zq0hWnNu4yaal-9m1W?usp=sharing

Please let me know if you have any issues accessing the drive.

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

Good Morning,

The document named Media Response Muckrock is all of the email correspondence you requested. I’m not sure why you can’t open it. I’ll get it resent as soon as I can.

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

I received a notice that my reply with the attachment did not go through. I’ve put the email file in the google drive again, here is the link:
https://drive.google.com/drive/folders/1p8wf271PUJRzBf4XzWYr08y_5y3xrv_9?usp=sharing

Try this one. Please let me know if it does not work.

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

Good Afternoon,

POST may have previously provided certain records, but updates in the law and in our interpretation of the relevant privacy interests of peace officer employees, support our current position to not provide certain of the records.

NV POST now points out the important distinction between employment records versus certification records. While POST may possess some records/data from each category just identified, POST is unable to provide data from the employment category because its 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 employment data. 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. Additionally, and importantly, requested employment data (to the extent NV POST possesses such data in the profile report of a particular officer) are not POST data or records, but rather employer records. POST does not and cannot verify accuracy of such; therefore, any requests for such records or data should be made to employing law enforcement agencies (subject to such agencies’ interest in protecting the interests of law enforcement officer security/safety and privacy discussed infra).

In contrast to this rationale for non-disclosure of certain employment information/records, some certification information and/or records which POST may possess, may be disclosed because they constitute POST’s records and/or data and may not be subject to the same privacy considerations discussed above for employment information/records.

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