Man sues city over records fees dispute

A resident has filed a lawsuit against Carson City, alleging charges he was required to pay for obtaining records are excessive.

David Smith named City Manager Linda Ritter, Assistant City Engineer Tom Grundy and the city's engineering services department in the complaint filed June 30 in Carson City District Court.

Smith said he received some records for free but, at one point, was asked to pay what he describes as unfair fees for copies.

"I should be able to walk into (a city department) and expect to pay a certain amount," Smith said. "What's so hard about complying with the law?"

In his complaint, Smith refers to records request forms he received from the city on Jan. 11. One stated that it costs $30 an hour for research, 50 cents a sheet for computer printouts and $2 for record map copies. The other says it will cost $10 an hour for research, plus commercial copying costs.

Smith questions the research fee because state code doesn't allow an exorbitant amount, based on state statute and the state attorney general's opinion.

City officials contend that it's within the state's rules regarding charging for records.

"State law says we can offer records for free," Ritter said. Exceptions to this are when requests are "voluminous and time-consuming," she said.

Ritter also said the city has been considering creating a policy on public records since the spring, after Smith pointed out the lack of uniformity.

Because of the time it was taking to compile policies from around the region, however, Ritter told Grundy to give Smith the copies for free, she said, but "He refused to take them."

"It's on principle," Smith said.

He began obtaining information from the city after watching the placement of huge quantities of dirt on a neighboring piece of property.

The site next to Smith's Holly Way residence is owned by Don Langson, who has sought to develop it. Langson entered into an agreement last year with Ames Construction to move dirt on and off the land, then fill the site with 400,000 cubic feet of dirt. Ames is the state's primary contractor for the Carson City freeway.

A mountainous amount of earth now rises up not far from the fence that divides the two properties, and peaks at 10 feet above Smith's ground level. The added height allows a view into his yard, violating his family's privacy, Smith said.

He says the city should have asked Ames and Langson to apply for a special-use permit, but the city contends the nature of the work doesn't require it.

Special-use permits are necessary when a project affects a neighborhood's peaceful enjoyment, economic value or physical activity. The Planning Commission decides whether a project is defined as a special use.

Smith and city officials continue to discuss the land matter.

The Langson property runs perpendicular to a nearby property also being used for freeway dirt moving - a site off of Mark Way owned by the Nevada Department of Transportation - where a family has filed claims against the state for flood damage and related issues.

In his suit, Smith also is asking the city to reimburse court costs.

"The people do not exist to serve the government. The government exists to serve the people," he said.

The government is not supposed to "make a profit because they are inconvenienced when they are asked to provide a copy of a public document by charging more than the law allows," Smith added.

• Contact reporter Terri Harber at tharber @nevadaappeal.com or 882-2111, ext. 215.

On the Net

State rules regarding public records are in Nevada Revised Statutes, Chap. 239:

http://www.leg.state.nv.us/nrs/NRS-239.html