Lawsuit: Incline Village General Improvement District violated public records act
August 27, 2018
INCLINE VILLAGE, Nev. — A North Shore resident has filed a lawsuit against the general improvement district and several officials for alleged violations of the state’s public records act.
Mark Smith filed the lawsuit against the Incline Village General Improvement District in late July, more than nine months after he filed his initial public records request.
Smith’s complaint details an exhaustive and cumbersome process in an attempt to access and inspect all communications, including emails, between IVGID general counsel Jason Guinasso and both General Manager Steve Pinkerton and Susan Herron, records officer, during a nearly two-year period.
In an email to the Tribune, Guinasso rejected the allegations in the lawsuit, although he said on Aug. 22 that neither he personally nor the district had not been served with a summons and complaint.
“For the time being, I can tell you that IVGID has not violated the Nevada Public Records Act or ‘mishandled’ public records requests,” Guinasso said.
In Smith’s recounting of events, he was contacted by Herron on Oct. 19, 2017, after he submitted his records request. She informed him that all communication with the general counsel was privileged and confidential, and therefore couldn’t be released.
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Smith then met with Guinasso shortly after. Guinasso told Smith the request would take about 60 days and that the records would be produced on or before Jan. 8, according to the complaint.