In search of open records at the county building

Sometimes you have to climb down from the pulpit and practice what you preach.

One afternoon this past week I sauntered into the Clark County Government Center in quest of some public records. Union contracts have been much in the news, what with various attempts to renegotiate pay raises, so I figured I'd ask to see some.

I walked up to a couple of uniformed security officers seated in the lobby and informed them I wished to take a look at union contracts. After a couple of quizzical glances between them -- as though I'd stepped out of a hovering space ship and said, "Take me to your leader" -- finally, one officer, with no surfeit of certitude, suggested I try the Human Resources Department on the third floor.

Armed with a copy of NRS 239.010 in my hip pocket -- the one that says "all public books and records of a governmental entity, the contents of which are not otherwise declared by law to be confidential, must be open at all times during office hours to inspection by any person" -- I marched up to the receptionist and asked to see the county's union contracts.

After some hemming and hawing, shuffling of papers and tapping on a computer keyboard, a man approached the front desk and the lady introduced him as the director. He asked if he could help, and I explained.

Human Resources Director Jesse Hoskins asked, "And you're with?"

I gave my name but said, "I'm just a citizen," which is true enough. I wanted to see how the average taxpayer is treated, because sometimes the press gets special treatment.

By special, I do not necessarily mean helpful.

At one point a staffer walked over to the desk and began rifling through a stack of newspapers, pulling out this past Sunday's. As she flipped through the sections, I fully expected her to open the Viewpoints section and compare the visitor and the logo atop this column. Purely by coincidence, I was wearing the same sports coat and Nevada state flag necktie. But, no, she glanced at the jobs section of the classifieds and turned away.

I had asked to start with a look at the firefighters' union contract, but Hoskins explained he did not have a copy available and helpfully suggested I go online to the minutes of the County Commission meeting at which it was passed. The contract would be attached. While the staff was looking up the date, Hoskins fetched for me copies of five union contracts and handed them over.

During our chat, Hoskins explained his office was working on getting all the union contracts in proper format so they could be posted online, but that project is probably a few months from completion.

I took him at his word and headed back to the office with the five contracts in hand and looked up the meeting date I'd been given. It turns out the county keeps minutes of meetings on its Web site for only 120 days, but you can e-mail someone and request a copy of earlier ones.

I then called back to Human Resources and explained the problem. I was put on hold for a couple of minutes, but when the lady came back she said I could have the director's personal copy. I drove back and picked up the 120-page contract. Inked in the upper right-hand corner was the notation: "Jessie's."

Two days later I got an e-mailed copy of the minutes of the meeting at which the firefighter contract was supposed to have been approved, but the contract was not mentioned. I'll mark it up to human error.

It is heartening to know some of our public servants quickly and capably perform their lawful duties. I never had to pull out the public records law or make a fuss.

Actually, I'd anticipated a problem with getting that firefighter contract, because, you see, Article 2 of the contract states, "The Union and County agree that the only way the public shall obtain a copy of this collective bargaining agreement is a request in writing to the Union or the County. At no time shall the County place the collective bargaining agreement, in whole or part on any website."

Yes, it actually says that. Download it and read it yourself at:www.reviewjournal.com/media/download/CCFD-070106-063010.pdf

What made anyone think they could abrogate a state law with a clause in a union contract? It didn't work.

Thomas Mitchell is the editor of the Review-Journal and writes about the role of the free press and access to public information. He may be contacted at 383-0261 or via e-mail at tmitchell@reviewjournal.com. Read his blog at lvrj.com/mitchell.