Seal of the State of Nevada

EXECUTIVE ORDER 2020-01

ORDER DECLARING CERTAIN PUBLIC SAFETY DOCUMENTS CONFIDENTIAL AND NOT SUBJECT TO SUBPOENA, DISCOVERY, OR INSPECTION BY THE GENERAL PUBLIC

WHEREAS, Nevada Governor Steve Sisolak has been entrusted by the citizens of Nevada to provide for public safety; and

WHEREAS, public disclosure of certain information regarding security vulnerability assessments create a substantial likelihood of compromising, jeopardizing or otherwise threatening the public health, safety, or welfare of Nevadans; and

WHEREAS, public disclosure of certain documents, records, or other items of information regarding the infrastructure and security of radio frequencies for transmissions used by response agencies would be detrimental to the interests of public safety; and

WHEREAS, public disclosure of documents, records, or other items of information which may reveal the details of a specific emergency response plan would be detrimental to the interests of public safety; and

WHEREAS, Nevada Revised Statutes 239C.210 provides that certain documents, records, or other items of information prepared and maintained for the purpose of preventing or responding to an act of terrorism may be deemed confidential, not subject to subpoena or discovery, and not subject to inspection by the general public:

NOW, THEREFORE, by the authority vested in me as Governor by the Constitution and laws of the State of Nevada and the United States, it is hereby ordered that:

SECTION 1:
Assessments, plans or records that evaluate or reveal the susceptibility of fire stations, police stations and other law enforcement stations to acts of terrorism or other related emergencies are hereby deemed confidential and not subject to subpoena or discovery, and not subject to inspection by the general public.

SECTION 2:
Drawings, maps, plans or records that reveal the critical infrastructure of primary buildings, facilities and other structures used for storing, transporting or transmitting water or electricity, natural gas or other forms of energy, fiber optic cables, microwave towers or other vertical assets used for the transmission or receipt of data or communications used by response agencies and public safety and public health personnel are hereby deemed confidential and not subject to subpoena or discovery, and not subject to inspection by the general public.

SECTION 3:
Documents, records or other items of information which may reveal the details of a specific emergency response plan or other tactical operations by a response agency and any training relating to such emergency response plans or tactical operations are hereby deemed confidential and not subject to subpoena or discovery, and not subject to inspection by the general public.

SECTION 4:
Handbooks, manuals or other forms of information detailing procedures to be followed by response agencies in the event of an act of terrorism or other related emergency are hereby deemed confidential and not subject to subpoena or discovery, and not subject to inspection by the general public.

SECTION 5:
Documents, records or other items of information that reveal information pertaining to specialized equipment used for covert, emergency or tactical operations of a response agency, other than records relating to expenditures for such equipment are hereby deemed confidential and not subject to subpoena or discovery, and not subject to inspection by the general public.

SECTION 6:
Documents, records or other items of information regarding critical telecommunications facilities and the infrastructure and security of radio frequencies for transmissions used by response agencies, including, without limitation:

 
A.
Access codes, passwords or programs used to ensure the security of radio frequencies for transmissions used by response agencies;

 
B.
Procedures and processes used to ensure the security of radio frequencies for transmissions used by response agencies; and

 
C.
Plans used to re-establish security and service with respect to radio frequencies for transmissions used by response agencies after security has been breached or service has been interrupted;

are hereby deemed confidential and not subject to subpoena or discovery, and not subject to inspection by the general public

SECTION 7:
Vulnerability assessments and emergency response plans of utilities, public entities and private businesses in this State, including departments, agencies or instrumentalities of the State, general improvement districts, any of its political subdivisions or tribal governments are hereby deemed confidential and not subject to subpoena or discovery, and not subject to inspection by the general public.

Footer State Seal

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Nevada to be affixed at the State Capitol in Carson City, this 4th day of February, in the year two thousand twenty.

Governor's signature