Closing a few windows to open records
Teri Saylor, executive director of the N.C. Press Association, sent this e-mail alert to members today. For those of us -- press and citizen journalists -- who believe that government workings should be open to the public, take serious note.
"Two bills sponsored by Rep. Linda Coleman, D-Wake, which would drive large loopholes through our state's public records laws, will be heard in the House J-1 Committee tomorrow morning, scheduled at 8:30 a.m. Of the two, HB 714 would be the most damaging, as it would allow custodians of public records to use their own discretion in determining if the release of public records would not be in the best interests of the health, safety, or security of an employee.
"Passage of this bill would put the burden of proving a record should be open on the backs of citizens rather than putting the burden of proof as to why a record should be closed on the backs of public agencies.
"Here are the names of members of the House J-1 Committee. You are in the same districts as one or two of these members. If you have time to send a quick e-mail to your local House member, urging him or her to oppose these bills and cast their votes for open government, NCPA would appreciate it.
"Generally, their e-mail addresses consist of their first name/last initial followed by @ncleg.net. For more contact information visit www.ncleg.net.
Chair: Rep. Joe Hackney
Vice Chairs: Rep. Deborah Ross; Rep. Bonner Stiller
Members: Martha Alexander; John Blust; Russell Capps; Debbie Clary; Melanie Goodwin; Mary Harrison; Verla Insko; Paul Miller; Skip Stam;
and Roger West."
Have at it. I'm sure Greensboro's John Blust would appreciate hearing from you.
Tuesday update: Raleigh reporter Mark Binker sent me this message just now: "Public records did not get heard today in committee; their sponsor did not show up. Thursday is the crossover deadline for bills that don't have anything to do with taxes or fees, so it's critical that legislation pass one house or the other by then in order to stay alive this session. It's perfectly possible the J committee could hold another hearing or that someone who really wanted to get this bill done could find a back door."
Here's HB 714 (forgive some of the riffraff in the copy. Our system doesn't recognize some of the legislature's markings.):
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 126‑23 reads as rewritten:
"§ 126‑23. Certain records to be kept by State agencies open to inspection.
(a) Each department, agency, institution, commission commission, university, and bureau of the State shall maintain a record of each of its employees, showing the following information with respect to each such employee: name, age, date of original employment or appointment to the State service, current position, title, current salary, date and amount of most recent increase or decrease in salary, date of most recent promotion, demotion, transfer, suspension, separation, or other change in position classification, and the office or station to which the employee is currently assigned.
(b) The head of a State department, agency, institution, commission, university, or bureau may withhold any information that he or she believes is in the best interests of the health, safety, or security of the employee or the department.
(c) Subject Except as provided by subsection (b) of this section and subject only to rules and regulations for the safekeeping of the records, adopted by the State Personnel Commission, every person having custody of such records shall permit them to be inspected and examined and copies thereof made by any person during regular business hours. Any person who is denied access to any such record for the purpose of inspecting, examining or copying the same shall have a right to compel compliance with the provisions of this section by application to a court of competent jurisdiction for a writ of mandamus or other appropriate relief."
SECTION 2. This act is effective when it becomes law.
Comments (4)
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Hmmm...Did Saylor say in her e-mail how broadly those would apply. To my reading, this might apply to counties and cities too, since they are creatures of the state. -binker
Posted on May 30, 2005 9:00 PM
Committee member Mary Harrison is better known in Greensboro as Pricey.
Posted on May 31, 2005 10:33 AM
Doug's right. Although if you want to get all of Pricey's name in it takes more than a line of newsprint: Mary Price "Pricey" Taylor Harrison.
Posted on May 31, 2005 7:55 PM
Well Pricey and John need to kill this one.
Posted on June 1, 2005 11:37 PM