By the Court, PARRAGUIRRE, J.:
In this appeal, we discuss the applicability of Nevada's Public Records Act (the Act) to information stored in the individual files of retired employees that are maintained by appellant Public Employees' Retirement System of Nevada (PERS). Specifically, we address the scope of confidentiality set forth in NRS 286.110(3), which states that "[t]he official correspondence and records, other than the files of individual members or retired employees, ... are public records and are available for public inspection." (Emphasis added.).
Although we conclude that the individual files have been declared confidential by statute and are thereby exempt from requests pursuant to the Act, other reports that PERS generates based on information contained in the files are not similarly protected by NRS 286.110(3). However, information contained in such other reports may still be declared confidential, privileged, or protected by other statutes, rules, or caselaw, and therefore not subject to disclosure under the Act. Accordingly, we affirm in part and vacate in part the district court's order.
In 2011, respondent Reno Newspapers, Inc., doing business as the Reno Gazette-Journal (RGJ), submitted a public records request to PERS seeking the following pension information: the names of all individuals who are collecting pensions, the names of their government employers, their salaries, their hire and retirement dates, and the amounts of their pension payments. RGJ's request originated as part of an investigation concerning government expenditures and the public cost of retired government employee pensions. PERS denied RGJ's request, asserting that the information was confidential pursuant to NRS 286.110(3), which states that the files of individual retired employees are not public records, and NRS 286.117, which requires a personal waiver from the member to review and copy such records.
The district court granted RGJ's petition, concluding that neither NRS 286.110(3) nor NRS 286.117 declared the requested information confidential and that privacy concerns did not clearly outweigh the public's right to disclosure. The district court ordered PERS to produce a report for RGJ containing the requested information, subject to appropriate fees under NRS 239.052 and so long as the home addresses and social security numbers of the retired public employees remained confidential.
PERS argues on appeal that the district court erred in granting RGJ's petition because the Legislature, by enacting NRS 286.110(3), has explicitly declared that information contained in the individual files of retired employees is confidential. Alternatively, PERS argues that the privacy interests in nondisclosure clearly outweigh the public's interest in accessing that information.
"A writ of mandamus is available to compel the performance of an act that the law requires as a duty resulting from an office, trust, or station[,] or to control an arbitrary or capricious exercise of discretion." Int'l Game Tech., Inc. v. Second Judicial Dist. Court, 124 Nev. 193, 197, 179 P.3d 556, 558 (2008) (footnote omitted); see NRS 34.160. This court reviews a district court's decision to grant or deny a petition for a writ of mandamus under an abuse of discretion standard. City of Reno v. Reno Gazette-Journal, 119 Nev. 55, 58, 63 P.3d 1147, 1148 (2003). Questions of statutory construction, however, including the meaning and scope of a statute, are questions of law, which this court reviews de novo. Id.
At the outset, the Act establishes that "all public books and public records of governmental entities must remain open to the public, unless `otherwise declared by law to be confidential.'" Reno Newspapers, Inc. v. Gibbons, 127 Nev. ___, ___, 266 P.3d 623, 626 (2011) (quoting NRS 239.010(1)). The Act's purpose is to promote government transparency and accountability by facilitating public access to information regarding government activities. Id. "Generally, when `the language of a statute is plain and unambiguous,... the courts are not permitted to search for its meaning beyond the statute itself.'" Chanos v. Nev. Tax Comm'n, 124 Nev. 232, 240, 181 P.3d 675, 680 (2008) (quoting State, Div. of Ins. v. State Farm Mut. Auto. Ins. Co., 116 Nev. 290, 293, 995 P.2d 482, 485 (2000)). Moreover, in order to advance the Act's public access goal, the Act's "provisions must be liberally construed to maximize the public's right of access," and "any limitations or restrictions on [that] access must be narrowly construed." Gibbons, 127 Nev. at ___, 266 P.3d at 626 (citing NRS 239.001(2)-(3)). Accordingly, this court begins its analysis of claims of confidentiality under the Act with a presumption in favor of
As noted, pursuant to NRS 239.010(1), all public books and public records of government entities must remain open to the public unless "otherwise declared by law to be confidential." Applicable here, the Legislature has declared the following limitation with regard to what PERS information constitutes a public record:
NRS 286.110(3) (emphasis added). This exception to disclosure must be construed narrowly. NRS 239.001(3).
On appeal, PERS argues that all information contained in an individual's file is protected by NRS 286.110(3)'s scope of confidentiality and that disclosure of such information is only proper following waiver by the retired employee pursuant to NRS 286.117. RGJ responds that PERS's construction is overly broad and would include information that merely relates to a retired employee's file, regardless of the information's origin, such as otherwise nonconfidential information derived from third-party payroll records relating to individuals.
PERS's position exceeds the plain meaning of NRS 286.110(3)'s restrictions, which must be narrowly construed to protect only individuals' files. NRS 239.001(3). In concluding that only individuals' files have been declared confidential as a matter of law, we specify that NRS 286.110(3)'s scope of confidentiality does not extend to all information by virtue of it being contained in individuals' files. Where information is contained in a medium separate from individuals' files, including administrative reports generated from data contained in individuals' files, information in such reports or other media is not confidential merely because the same information is also contained in individuals' files.
This narrow construction of NRS 286.110(3) is consistent with Reno Newspapers, Inc. v. Haley, where we concluded that although NRS 202.3662 unambiguously protects the applications for concealed firearms permits as confidential, the statute's scope of confidentiality must be narrowly construed and does not extend to protecting the identities of permittees or any post-permit records of investigation, suspension, or revocation.
This is not to say, however, that information contained in separate media that is otherwise confidential, privileged, or protected by law may be disclosed. While we hold that NRS 286.110(3) protects only the individuals'
In the alternative, PERS argues that the district court erred in concluding that the government's interests in nondisclosure did not clearly outweigh the public's interests in access to the requested information. See Donrey of Nev., Inc. v. Bradshaw, 106 Nev. 630, 634-35, 798 P.2d 144, 147 (1990) (explaining that balancing the interests involved is necessary when evaluating whether certain reports must be disclosed). The government bears the burden of showing "that its interest in nondisclosure clearly outweighs the public's interest in access." Gibbons, 127 Nev. at ___, 266 P.3d at 628; see also NRS 239.0113(2). Further, the government's interests in nondisclosure are interpreted narrowly, whereas the public's interests in openness and accessibility are interpreted liberally. Haley, 126 Nev. at ___, 234 P.3d at 926.
PERS argues that disclosure of the requested information would subject retired employees to a higher risk of identity theft and elder abuse. RGJ asserts that such concerns are hypothetical and speculative and thus do not outweigh the presumption in favor of disclosure. The record indicates that the only evidence presented in the district court to support PERS's argument was a PowerPoint presentation with statistics showing that Nevada is the third leading state in the number of fraud complaints to the Federal Trade Commission and the sixth leading state in the number of identity theft complaints.
In Nevada, "[a] mere assertion of possible endangerment does not clearly outweigh the public interest in access to ... records." Haley, 126 Nev. at ___, 234 P.3d at 927 (internal quotations omitted). Because PERS failed to present evidence to support its position that disclosure of the requested information would actually cause harm to retired employees or even increase the risk of harm, the record indicates that their concerns were merely hypothetical and speculative. Therefore, because the government's interests in nondisclosure in this instance do not clearly outweigh the public's presumed right to access, we conclude that the district court did not err in balancing the interests involved in favor of disclosure. Id. at ___, 234 P.3d at 927; see also San Diego Cnty. Emps. Ret. Ass'n v. Superior Court, 196 Cal.App.4th 1228, 127 Cal.Rptr.3d 479, 492-93 (2011) (holding the potential for elder abuse and financial crime did not outweigh the public's interest in disclosure of pension information).
Accordingly, the district court correctly interpreted NRS 286.110(3)'s scope of confidentiality and did not abuse its discretion in ordering PERS to provide the requested information to the extent that it is maintained in a medium separate from individuals' files. We therefore affirm in part the district court's order granting the writ of mandamus.
However, to the extent that the district court ordered PERS to create new documents or customized reports by searching for and compiling information from individuals' files or other records, we vacate the district court's order. NRS 239.010(1) (permitting "inspection" and copying by the public); NRS 239.055(1) (permitting a government entity to charge an additional fee for extraordinary resources necessary to comply with "a request for a copy of a public record" (emphasis added)); see also State ex rel. Kerner v. State Teachers Ret. Bd., 82 Ohio St.3d 273, 695 N.E.2d 256, 258 (1998) (concluding Ohio public records laws impose "no duty to create a new document by searching for and compiling information from [a government agency's] existing records").
We concur: PICKERING, C.J., and GIBBONS, HARDESTY, DOUGLAS, CHERRY, and SAITTA JJ.