Sunshine Week is a national initiative spearheaded by the American Society of News Editors to educate the public about the importance of open government and the dangers of excessive and unnecessary secrecy. But in our GID public records are routinely withheld and staff makes decisions behind closed doors without the knowledge of the Board or the public.

In the past Susan Herron, IVGID’s Board Clerk and Public Records Officer, may have deserved some sympathy. The public and some Board members sought public records that IVGID’s management likely told her don’t exist because the policy (never approved by the Board) allows emails and other documents to be destroyed. Because of several recent events, that sympathy may no longer be warranted.

First, there have been numerous public comments on the subject as well as other opportunities for her to learn about the whistleblower statutes that protect her if she is in fear of reprisal for exposing any improper activities in her work environment.

Then, consider her comment at the December 2017  IVGID Board of Trustees meeting assuring Trustee Horan that IVGID was in compliance with the Open Meeting Law. She said IVGID was in compliance because she had draft minutes soon after the meeting. But that had nothing to do with the question: was IVGID in compliance with the requirement to have minutes approved within 45 days after the meeting or at the next meeting (not every agency meets within the 45 days)? She has served as Board clerk for many years; she belongs to the Nevada Municipal Clerk’s Association and has had numerous training opportunities. She is a “Certified Municipal Clerk”. It is inconceivable that she was unaware of the requirement.  And 45 days is really not difficult to count. She knew or certainly should have known the minutes were long overdue in appearing on Board agendas 15 times in the past year. According to the AG there was no good excuse.

Another recent statement that I find troubling was when Trustee Wong asked Ms. Herron for a definition of public records. At the IVGID Board meeting on August 22, 2017, IVGID’s public records officer, Susan Herron provided her definition of public records[1]: “So typically a public record is something that we have put out into the public, i.e. included in a board meeting, included in a board packet, included on our website; that’s basically it.”

But in her testimony under oath[2] in 2016, Ms. Herron had a much different definition: “.. it’s almost everything that we have”.  And in response to the question: “And that’s it, everything you have is public, except things that are specifically confidential or privileged, isn’t it?” her reply was “Yes”. And since the 2016 response is correct, why did she give such a different answer when responding to Trustee Wong?

At that same meeting in 2017, Susan Herron stated that she had in her possession a copy of the 2016 Local Government Records Management Manual. The manual thoroughly explains what documents are public records and contains a detailed schedule of minimum retention times.  Her definition of public records, categorization of all email as transitory records, and insistence that IVGID was in complete compliance with Nevada law sounded like she had never read the manual’s contents.  The very next day officials of the Nevada State Library Archives and Public Records denied her claim that they told her IVGID was in compliance (see http://nevadajournal.com/2017/08/29/ivgid-officials-caught-false-testimony/).

She has made statements under oath[3] that she has served in the capacity of Public Records Officer officially since 2011, but unofficially for years before that. She also said that she devotes a large percentage of her time on the job answering requests for public records. She revealed that she received training relating to public records in 2015 from the Nevada State Library Archives and Public Records agency and from the Nevada Attorney General’s office in 2016.  So she has no excuse for not having a thorough understanding of what constitutes a public record and minimum retention schedules. She should have understood her responsibility to recommend updates to the District’s retention policy, if one actually exists, or if not, the adoption of the NSLAPA schedule. How can she claim ignorance or that she made an innocent mistake?

It is certainly not an easy thing to stand up to government corruption. IVGID has used its resources (taxpayer dollars) to marginalize and attack anyone who exposes its misdeeds. But the wrongdoing has become so obvious, that ultimately the truth will come out. As Sunshine Week draws to a close there is still not much Sunshine in IVGID with a records retention policy that has not been updated in 24 years, allowing it to destroy public records, and growing evidence that important decisions are made without the knowledge of the Board or the public.

[1] Livestream of 8/22/2017 IVGID BOT meeting, 1:52

[2] Katz.v.IVGID transcript of proceedings on 3/21/2016 beginning on p. 155 l. 23

[3] Katz.v.IVGID transcript of proceedings on 3/21/2016 beginning on p. 155 l. 23