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N.C. needs to improve response to public records laws

By: Editorial Board

Issue date: 10/31/07 Section: Opinion
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Along with 38 other states, North Carolina is failing when it comes to public records access, ranking in the bottom quarter of states nationwide.

North Carolina received 6.5 out of 16 points from an advocacy group investigating response time to records requests, cost of requests, appeals for denials and sanctions on agencies that illegally deny requests.

The state's lack of response to public records requests not only undermines the transparency to citizens of our elected government but is illegal under N.C. law.

Under North Carolina's Public Records Law, G.S. 132, every state record, unless specified by another law, is public.

That means that the state has an obligation to produce records, paper or otherwise, to any individual or organization, such as a newspaper, that makes a request.

Fulfilling public records requests ensures that the government is accountable to the public for all action taken in the course of state business.

Public records include documents such as correspondence, meeting minutes and even handwritten notes and phone messages.

Several other mediums are included under public records laws, including e-mail, audio and visual recordings and databases created or received during business proceedings.

The Better Government Association and the National Freedom of Information Coalition investigated the response of public agencies to records requests in all states.

North Carolina was docked points because of a poor response time and a lack of penalties for illegal denials.

The state had a respectable score on fees for records requests, which means that you won't have to pay too much for records you'll never get.

North Carolina was in good company at the bottom of the rankings, though; the general trend of the survey showed that public records laws are not followed well in most states.

It's shameful that state governments across the country are neglecting to enforce their own regulations. And it's just embarrassing that ours is one of the worst states in the nation when it comes to government transparency.

This isn't the first time that North Carolina has come under fire for its poor response to public records requests.

During annual Sunshine Week, which celebrates open government laws, The Daily Tar Heel investigated how Orange County public agencies responded to public records requests.

The results were generally positive, but minutes for closed session meetings must be attained through the town attorneys for Carrboro and Chapel Hill.

To gain access to public records, go to the agency's public information officer or the custodian of the record.

Visit www.ncopengov.org/publicrecordslaw for more information.
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