CARSON CITY, Nev. (AP) — Neighbors' efforts to block the reopening of a mine in a historic Nevada mining town have unearthed a legal question about whether emails kept by elected officials on their personal devices are public records.
The Comstock Residents Association wants the Nevada Supreme Court to order Lyon County to release communications between County Commission members and Comstock Mining Inc. ahead of a January 2014 decision to allow mining again at Silver City.
Senior Washoe County District Court Judge Steven Kosach rejected the residents' request earlier this year.
He ruled that records on personal devices and email accounts are outside the control of the government agency and aren't covered under the Nevada Public Records Act.
A lawyer for residents says records shouldn't lose public status just because they're on a personal device or a personal account.
