Nevada police certification data request

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,

We are meeting with our legal advisor this week. I should have something for you after that meeting.

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,

We are evaluating the feasibility of being able to provide some of the data points you requested in a way that would not violate the privacy concerns expressed previously. We have brought this updated request, and the second request received July 31, 2023, to our legal advisors and are awaiting their response. I anticipate being able to provide you an update 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 Morning,

I have reached out to our legal advisors for follow up. I will be in touch once I have an update.

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,

After further evaluation of your request and the potentially responsive records, NV POST now points out the important distinction between employment records and certification records. After said review and consultation with legal counsel, we have identified 7 of your requested datapoints clearly as Employment records; these specific data points, as you have identified them are:

*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 employment agency

*Officer’s previous departments/agencies (employment history), with start and end dates

*Officer’s positions and/or ranks at previous departments or agencies

– for the reasons previously explained, we are unable to provide this information; specifically, 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 these 7 categories of requested employment 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. Additionally, and importantly, these 7 categories of 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, NV POST has determined that we are able to provide you with the specific datapoints regarding certification. NVPOST is currently switching all data over to a new database, which is taking longer than anticipated. I expect to be able to send you this information within 2 weeks, and will provide updates to you as appropriate:

*Officer unique ID number

* 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

* Decertification action taken (revocation, suspension, voluntary surrender, etc.), if applicable
* Date decertification action taken, if applicable

* Reason for decertification or similar action, if applicable
* Disciplinary actions taken against this officer’s certification – because the only disciplinary actions taken against a certificate are covered by the item requesting decertification data, there is no additional data for disciplinary actions.
* Dates of disciplinary actions taken against this officer’s certification –(same as above notation)
* POST case number, if applicable, if applicable – n/a
* Training history/additional certifications of this officer, if available – here, we can include annual compliance training and basic academy listing; however, any other training records that POST may have, but which relate to employer based/provided training, are not certification records that can be provided by POST, but are rather more appropriately sought from employers, for the same reasons explained above.

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,

I wanted to give you an update on the status of this request. I am still waiting for the report to give me the training data. I will know by Monday if they have been able to create the correct one yet. I am verifying the information I was able to obtain regarding certification. I think this will take at least another two weeks to review the more than 55,000 records. I anticipate getting this information to you by October 5th. As I get closer to that date, I will update you on the status.

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,

https://drive.google.com/drive/folders/1Jd_QDRo-1HO4WN7sJCmyu5NdIUvnDU4r?usp=sharing

Here is the link to the location on the Google drive for you to retrieve the information in this request. The certification report is about half done, so I’ve included that completed half. I will notify you when I upload the remainder of that report.

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 afternoon,

Here is the link to obtain a copy of the 2nd half of the certification report.

https://docs.google.com/spreadsheets/d/1rbYjz9NQc47yKls554jCWDerhyoMfU27/edit?usp=sharing&ouid=117365115629514090960&rtpof=true&sd=true

Please let me know if you have any issues with the link.

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