Private email and devices can create thorny issues for Nevada government officials

Legislators walk into the Legislative Building during the fourth day of the Nevada Legislative session on Thursday, Feb. 9, 2017, in Carson City. (Benjamin Hager/Las Vegas Review-Journal) @benjaminhphoto

Critics have frowned on politicians using private email accounts and cellphones. Such practices, they say, allow hiding of conversations and might expose sensitive information to hackers.

Hillary Clinton’s use of a private email account and personal, unsecured BlackBerry when she was secretary of state caused her constant political blowback. Similar complaints about email use have resurfaced, this time against Vice President Mike Pence.

The Indianapolis Star filed a public records request for Pence’s emails during his time as Indiana’s governor. Those records showed Pence used a personal AOL account for government business, including topics like counterterrorism responses.

Nevertheless, public officials using their personal devices and email addresses is the norm in Nevada. Here is how Silver State agencies handle employees’ and elected officials’ use of personal cellphones and private emails:

Clark County

No policy stops county elected officials and employees from using a personal device or email account in conducting government business.

All seven commissioners said they use their personal cellphones for county business and communications. All but one expressed willingness to have those devices reviewed for public records requests. Commissioner Chris Giunchigliani said a cellphone she pays for should not be subject to those requests.

Las Vegas

The city of Las Vegas doesn’t have a policy restricting using personal email and devices for city business.

Most City Council members use personal cellphones to communicate about city issues with constituents, staff and one another.

Councilmen Bob Beers and Stavros Anthony said they would not oppose a ban on private devices for city business; Bob Coffin said such a ban “would be silly.”

Henderson

The city of Henderson’s policy forbids employees and elected officials from using private email accounts for city business.

Use of personal cellphones or other devices is OK, however. The policy warns employees that those personal devices could be subject to a public records request if used for public business.

Henderson Mayor Andy Hafen and council members Debra March and Gerri Schroder said they use cellphones paid for by the city. Councilman John Marz uses a personal cellphone.

North Las Vegas

The city does not have a policy stating whether City Council members or city staff may use private email accounts and cellphones to conduct municipal business.

Mayor John Lee and three City Council members said that they do not use private email accounts to conduct business. Councilwoman Pamela Goynes-Brown could not be reached for comment.

Council members Anita Wood and Richard Cherchio said their city email accounts are linked to their personal cellphones, which lets them conduct city business just about anywhere.

Lee said that he does not use email.

Clark County School District

Clark County School Board trustees typically use their personal phones for district business — districts officials openly note how trustees send text messages to Superintendent Pat Skorkowsky at all hours of the day.

Among employees, higher-level administrators can have district-issued cellphones. Trustees also have district emails.

Nevada System of Higher Education

The Nevada System of Higher Education does not provide elected regents with public cellphones because the positions are part-time and unpaid. NSHE iPads are available upon request, but regents said they just use their personal cellphones.

The use of private emails for NSHE business, however, varies among regents.

Chairman Rich Trachok said he uses his NSHE account only for public business. Sam Lieberman said he uses both his private and NSHE addresses. Jason Geddes’ personal email is listed on his NSHE website profile; he said he uses it for all higher education and regent business.

Nevada Board of Education

The state Department of Education creates email addresses for board members, but does not issue devices to members, spokesman Greg Bortolin said.

State board members use their own devices to access email.

State Legislature

Ten of 15 lawmakers anonymously surveyed said they stick to their official email address for legislative business. The other five said they occasionally use private email or text messages.

The Legislative Counsel Bureau, the Legislature’s lawyers, say that emails, texts and other communications from the Legislature are not considered public record, even when sent from official accounts.