From the Fayetteville Observer (11/19/11): Changes to a Lee County policy violate the state's public records law, according to a legal adviser to the N.C. Press Association.
The Board of Commissioners voted unanimously Monday to change the county’s public records request policy. The revisions call for the county to charge a ” ‘reasonable fee’ for estimating, processing, compiling and transmitting public records requests of a large or complicated nature.” Those charges would be determined by the labor costs of fulfilling the request.
Lawyer Amanda Martin said the policy violates state law because it will charge for county employees’ efforts to protect confidential information.
County officials say they have fielded requests for emails sent and received by three commissioners, Larry C. “Doc” Oldham, Richard B. Hayes and Jim Womack. Each has between 1,000 and 2,000 emails.
Womack made a motion to change the policy, citing a provision in state law that says a public agency can apply a “special service charge” including the costs of labor if a request requires “extensive clerical or supervisory assistance.”