Parents, seniors want recreational records to be kept secret

Thursday, March 10, 2005 | 9:29 a.m.

CARSON CITY -- Las Vegas parents and senior citizens complained to a legislative committee Wednesday that records kept for city recreational programs make applicants and participants easy prey for criminals.

They testified before the Assembly Government Affairs Committee in support of Assembly Bill 31 which would make records related to participation in recreational activities secret.

Pamela Balconi, a parent and Sunday school teacher, said her children participate in city-sponsored recreational activities and she worried that a "predator" could get the information about her and her children.

Melvin Henkin, representing the Senior Citizens Advisory Board of Las Vegas, said too he was concerned about the information available to the public. He said that increases the chances of identity theft and it would enable a burglar to know when a senior citizen was not at home.

Elizabeth Lopez testified she has been the victim of identity theft already, and she didn't want to be targeted in the future by direct marketers who, under the current open records law, could obtain the information required on the applications of the Las Vegas Leisure Services Department, the agency that sought the bill.

Barbara Jackson, director of the agency, told the committee that it has 155,000 records that include names, addresses, private telephone numbers, work schedules and food allergies of participants and, in the case of minors, their parents. She said the information is needed in case a participant gets sick or injured or in case a program gets canceled.

The intent of the bill, Jackson said, is not to hide the general business information of the agency but to protect the privacy of those involved. She said this information could be used in custody battles.

The committee did not take any action on the bill that would apply to all governmental recreation programs in Nevada. But several members praised the bill. Assemblyman Kelvin Atkinson, D-Las Vegas called it a "great bill." Assemblyman Chad Christensen, R-Las Vegas, said the supporters of the bill were right to worry about what could happen if personal information "got into the wrong hands."

But Assemblywoman Bonnie Parnell, D-Carson City, said a change in state law isn't needed because all governmental entities already have a right to refuse to provide information to the public. She referred to a Nevada Supreme Court opinion that said the government could conduct a "balancing test" to determine whether information is public.

Ted Olivas, a lobbyist for Las Vegas, said the city employees who deal with this information are not in the position to conduct a balancing test.

Kent Lauer, executive director of the Nevada Press Association, an industry group that represents newspapers in the state, said he did not question the intent of the bill but said the proposed legislation was problematic for several reasons.

The press, on behalf of the public, needs access to that kind of information to investigate the operation of taxpayer-funded programs and to determine accountability in cases such as child drownings at city swimming pools.

Restrictions on this information could also prevent team rosters from being distributed. Parents who wanted to organize a parties for team members could not get this information. In addition, a parent would not know if her child was being registered in a program in which there was a bully.

Lauer said teachers in leisure services also would not be able to exchange information about children moving from one program to another.

Keith Lyons, representing the Nevada Trial Lawyers Association, said the bill must be amended for access to this information during such things as an investigation to determine if a lawsuit be filed. He said witnesses must be interviewed before any legal action is brought.

City officials agreed with work with Lyons to amend the bill.

The bill is supported by Henderson, North Las Vegas, Boulder City, Carson City, Douglas County, Churchill County and the state Parks Division.