From the Daily Tar Heel (7/15/09): Kudos to the N.C. House for passing the Open Government Act. The bill is a much-needed advancement in transparent government.
State agencies will no longer be able to hide behind court costs to keep public records from citizens and the press.
There is very little that people or organizations can do about having public records withheld other than suing for their release.
Currently, the law doesn’t hold agencies that lose in records suits responsible for attorney’s fees if they present reasonable justification for withholding documents.
This means that people or organizations that sue — and win — for documents to be released are responsible for their own attorney’s fees, as long as a judge is satisfied with an agency’s reasoning for withholding a document.
But that provides too much cover for state agencies.
When this new bill passes, agencies found in court of keeping public records concealed will be responsible for paying plaintiffs’ attorney’s fees, unless they’re acting on orders from a court or the attorney general.
And that’s still only if someone successfully sues them for a public record.
This might seem like a lot of fuss about nothing, but keeping government accountable is a fundamental component of a thriving democracy or republic.
The potential passing of this bill will help keep public records where they belong — with the public.
There might be holdouts in the beginning.
This is especially true in areas with poorer residents and newspapers that are unable to even see the issue to court.
But that only makes getting the bill passed a higher priority.
The fact that some citizens and organizations can’t afford to hold their government accountable is dangerous to democracy.
Daily Tar Heel Staff Editorial