From the Charlotte Observer (3/13/11): Those who work for our government don't own the government. We, the people, do. The government is us. And we - not government workers, not elected officials - own information our government collects while it carries out our business.
In practice, this means if any member of the public wants to see government records for any reason then, except for a few exceptions, those records should be made available promptly. This is true even if they’re embarrassing or otherwise make government officials squirm. Unfortunately, in North Carolina, too often, the people don’t get speedy access.
This isn’t just a problem for journalists – although journalists are among people who often ask to see public records. Meet Joann Hager. She’s a Lincoln County animal rights activist who says she once had to wait more than a year for records she requested. She finally had to sue Lincoln County. She won. In 2009 a judge ruled in her favor after county commissioners admitted destroying e-mails that should have been released. The county had to pay $7,000 in attorneys’ fees.
This is Sunshine Week, when journalists, librarians, lawyers, educators and others highlight the value of freedom of information. As part of that, the Observer’s Fred Clasen-Kelly today reports that North Carolina is among only 15 states without a deadline for local governments to respond to open records requests. Nor are there any criminal or civil penalties for governments that break a state law saying records, except for a few exceptions, should be produced as promptly as possible.