Public records should be more easily accessible in NC

Public records… what are they? Why do we need them? Who is required to retain them? How do people obtain the information they need? What does “as promptly as possible” really mean?

Public records should provide assurance and accountability! The people entrust government servants to perform public business, and those serving must abide by the law in all instances.

North Carolina public records law was first introduced by the General Assembly in 1935, although their importance was known since the beginning of our state. The legislature put into writing the clear expectations that public records are “property of the people,” that all documentation of public business must be retained, no matter the form, and must be available to the people, among other requirements. This is crucial to the people overseeing the government, as it does their will, as required by the North Carolina and United States constitutions.

My interest in this subject has been growing over the past several years because I have personally experienced the lack of transparency in government actions, towns impeding public access to information by denying or severely delaying public records requests, and the town attorney of Holly Springs informing me that I am not “interpreting” the law correctly. I even received messages stating “there are no responsive records to your request” from Holly Springs, Apex, and the NC Superior Court!

With the current technology, it is easy to provide access to public documents via the government subdivision’s website, which would cut down on the number of requests the records custodians must field to satisfy the “as promptly as possible” requirement of NC General Statutes §132-6(c). The Town of Cary recently implemented a portal for this purpose. From my research, very little documentation is provided on websites, and often the clerks are very literal and need to know exactly which documents you are requesting (which is almost impossible because the people do not know what they are called). This obfuscation appears to be intentional when you finally do receive information that uncovers the truth that was withheld, as I have myself.

Public records request issues have been reaching a boiling point across the state and nation. More people are demanding documentation of what government officials and employees are doing. This is due to various factors, like controversial development projects, data centers that are in the news daily, government spending, and questionable police activity… These all cause the people pain, so they seek information to find a way to address the problems. And the custodians must provide information under the law.

A friend of mine is currently pursuing a Writ of Mandamus in NC Superior Court to compel a municipality to comply with the Public Records Act (this would have been a responsive record for the NC Superior Court). Instead of simply providing the documents, the town hired outside counsel to “defend” against a lawful request. This appears to be a frivolous expenditure of public funds, when all that is required is compliance with the law by providing the documents. Ensuring people’s access to public documents is one of the fundamental checks on government commonly expected by the writers of our Constitution. We will see what the court does with this case, but it appears most of these are dismissed without providing remedy to the people.

In researching public records, I came across The News Reporter Co., et al. v. Jody Greene, Case No. 20 CVS 1147 (Columbus County, NC, Feb. 19, 2021), that stated: “The plaintiffs have been denied access to public records in the sense that an unnecessary, undue, and unreasonable delay in providing them amounts to a substantial failure to comply with the Public Records Law.”

From what I have learned, this is common, and the people should not have to hire an attorney to send a letter so the custodians of public records will fulfill their duties. People should not have to navigate the courts in an attempt to get the information that should be readily available, and they should not have to wait unreasonable amounts of time while public servants are proceeding with acts that violate the laws of our state and nation.

Through public records requests and documents available online, many issues have been identified, including ordinance violations, procurement card misuse, incomplete requests, poor record retention, and attorney involvement that appears to undermine statutory requirements and peoples’ rights. The towns have effectively sidestepped their accountability and are playing the avoidance game. When the people observe violations, it is their right — and duty — to bring them to light. In Apex, former Council Member Brett Gannt, accused people of “questioning the integrity of the staff,” which is exactly the lawful scrutiny people are entitled to exercise and should exercise by requesting information.

One major problem is that cases concerning public records are often not widely publicized. Greater visibility could encourage municipalities and other government subdivisions to faithfully execute their duties, potentially reducing unnecessary litigation and public expense. The cost and time required prevent many people from acting, which perpetuates the maladministration. I encourage everyone to request records if there is something that doesn’t seem right. It is your duty as a North Carolinian to hold government servants accountable!