Newspaper sues for Gibbons’ e-mails

CARSON CITY -- The Reno Gazette-Journal filed a public records lawsuit against Gov. Jim Gibbons on Tuesday, seeking a court order compelling Gibbons to release certain e-mail correspondence under Nevada's public records law.

The Carson City District Court lawsuit was filed after Gibbons' lawyer, Chris Nielsen, rejected a June 4 public records request from the newspaper for six months of e-mail from the governor's state account.

Nielsen said the correspondence either was not considered public under the state's records retention policy or was otherwise considered privileged.

Nielsen also refused the newspaper's request that a log of the e-mails be provided so the newspaper could judge whether or not each individual e-mail fell under the open records law. He cited an attorney general's opinion that says the state isn't required to create a document that doesn't already exist.

The newspaper's lawsuit claims the Gibbons administration "in essence told the RGJ 'take our word for it.'"

The lawsuit asks for a court order to either compel the administration to release the e-mails or provide the log.

Gibbons' spokesman Ben Kieckhefer said the office stands behind its initial determination that the e-mails don't fall under the open record law.