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Panel debates public records

By: Ariel Zirulnick, Assistant State & National Editor

Issue date: 4/4/08 Section: State & National
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RALEIGH - As accusations fly regarding the deletion of government e-mails, the review panel appointed by Gov. Mike Easley held a public hearing Thursday to discuss a more pragmatic and transparent approach to electronic government records.

The panel heard recommendations and concerns from representatives of the media and government agencies about the oversight of electronic public records.

Most government correspondence, electronic or not, is classified as public record under the N.C. Public Records Law, which guarantees the public and the media access to those documents upon request.

"It's beyond question that e-mails are public records," Mark Prak, a counsel for the N.C. Press Association, said at the hearing.

"Our public records law is about allowing people to observe our government."

The review panel was formed as accusations began to surface that Easley told executive agencies to delete e-mail correspondence between their offices and his.

The governor has repeatedly denied that he ordered any deletions, claiming that his requests were misinterpreted.

Comprised of press, government and legal representatives, including UNC professors Ferrel Guillory and David Lawrence, the panel was formed last month to assess North Carolina policy on e-mail and other forms of electronic public records.

Panel members Thursday expressed concern about the cost of retaining more extensive electronic records, specifically the financial expense and the time investment it would require from state employees.

The brunt of those costs would fall on the agency that receives the records request, said Staci Meyer, chief deputy secretary of the N.C. Department of Cultural Resources. People requesting records only have to pay the photocopying costs.

If the records are old enough to have been archived, then the responsibility falls to cultural resources, which is responsible for government archives, Meyer said.

"Copy costs are insignificant compared to the costs of actually finding the information," she said.

Panel members and presenters shared concerns about overzealous retention but also expressed worry about granting discretion to state employees, who may be ill-equipped to make the proper decision.

While state employees appreciate the government's faith in them, they don't want to get caught between public wishes and political interests, said Dana Cope, executive director of the State Employees Association of North Carolina.

"It's always a dangerous situation that the employee is not asking for," Cope said.

The next panel meeting is scheduled for April 18. The panel will explore its current retention practices and the costs of the proposed changes.



Contact the State & National Editor at stntdesk@unc.edu.
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