Nevada Press Association Opposes Carson City’s Proposed Public Records Fee Increases

On February 18, 2026, the Nevada Press Association formally submitted a letter opposing proposed public records fee increases before the Carson City Board of Supervisors.

These proposed changes, listed under Agenda Items 14 and 15, would significantly increase the cost of accessing public records in Carson City — and in doing so, undermine both the letter and the spirit of Nevada’s Public Records Act.

You can review our full letter here:  Carson City Public Record Fee Increase Opposition Letter

Why This Matters to NPA Members

Access to public records is foundational to journalism in Nevada. It is also a right guaranteed to every citizen. The proposed fee increases would:

• Impose unlawful charges for staff time

• Create vague classifications of “large” or “onerous” requests

• Add fees for redactions

• Require a Sheriff’s Deputy to monitor record review in some cases

These changes would make the process more intimidating, more expensive, and more legally precarious for journalists and members of the public alike.

The Law Is Clear: “Actual Cost” Does Not Include Labor

The agenda items rely on an interpretation of NRS 239.005(1) that suggests municipalities may recover costs for burdensome requests.

However, the statute defines “actual cost” narrowly:

“‘Actual cost’ means the direct cost incurred by a governmental entity in the provision of a public record, including, without limitation, the cost of ink, toner, paper, media and postage. The term does not include a cost that a governmental entity incurs regardless of whether or not a person requests a copy of a particular public record.”

Carson City Public Record Fee I…

In short: materials, not labor.

Further, Senate Bill 287 (2019) repealed the statute that previously allowed agencies to charge for “extraordinary use” of personnel. The legislative digest explicitly eliminated that authority

Carson City Public Record Fee I…

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Nevada government agencies no longer have legal authority to charge for staff time in responding to public records requests.

This Is Not a Local Fix — It’s a Legislative Issue

These proposals follow the failure of Assembly Bill 51 during the 2025 Nevada Legislature, which sought similar authority to expand fee recovery

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If such a change were to occur, the proper venue would be the Legislature — not a local governing board attempting to reinterpret state law.

Additional Concerns

Beyond labor charges, the NPA opposes:

• Fees for redactions

• Monitoring fees requiring a Sheriff’s Deputy to oversee record inspection

• Policies that could discourage crime victims or vulnerable citizens from seeking public information

  Carson City Public Record Fee I…

Public records access is already difficult and often requires significant persistence. Adding new financial barriers only increases the likelihood of costly litigation — and ultimately places additional burdens on taxpayers.

Broad Coalition Support

The NPA is not alone in this opposition. Joining our letter were:

• The Nevada Open Government Coalition

• Our Nevada Judges

• The American Civil Liberties Union – Nevada

This broad coalition reflects a shared commitment to government transparency and constitutional protections.

What NPA Members Should Know

If adopted, these fee schedules would:

• Increase the cost of reporting across Nevada

• Create legal uncertainty and potential litigation

• Set a troubling precedent for other local governments

• Chill public participation and investigative journalism

The Nevada Press Association will continue to defend open government and ensure that public records remain accessible to journalists and the communities we serve.

We strongly urge the Carson City Board of Supervisors to reject these proposed fee increases and uphold Nevada’s longstanding commitment to transparency.

For questions or to share how public records fees have impacted your newsroom, please contact the NPA office.