From the Burlington (N.C.) Times-News (3/25/09): Three lawmakers have introduced a bill into the state House that would put penalties for government employees who improperly withhold public records.
The bill, filed by Reps. Cary Allred, R-Alamance, George Cleveland, R-Onslow, and John Blust, R-Guilford, incorporates some efforts from previous bills to penalize governments or public employees who don’t provide records to the public in a timely manner.
“I don’t think that government officials should be denying public records,” Allred said. “If they do they should be penalized.”
The bill would require judges to award attorney’s fees when a plaintiff wins a public records lawsuit. Currently, judges can award attorney’s fees but aren’t required to do so.
The bill would also set up an open government unit within the Attorney General’s Office. The unit would develop programs designed to educate the public and government agencies of their rights and responsibilities under the state’s public records and open meetings laws.
The unit would also be set up to mediate open government disputes between those seeing information and governments.
The bill would also set up a civil penalty to be assessed to a public official who violates public records laws. That penalty would be up to $50 for each day the public official failed to provide access to the public record without good cause.
Allred said that establishing a civil penalty for violators of the public records law would be a “major milestone” in opening up good records.
Beth Grace, executive director of the N.C. Press Association, said the organization supports efforts to penalize violations of the state’s open government laws.
“We appreciate any effort to make government more open,” Grace said.
Officials at the N.C. Association of County Commissioners and N.C. League of Municipalities did not immediately return phone calls seeking comment on the bill. In the past, they have opposed similar legislation, noting that judges can already award attorney’s fees in public records lawsuits.
Reps. Bill Current, R-Gaston, Robert Grady, R-Onslow, and Tim Moore, R-Cleveland, are among 19 cosponsors who have signed onto the bill.
The bill has been sent to a House Judiciary Committee.
by Barry Smith, Freedom Raleigh Bureau