N.C. ethics reform law signed, opening state workers' records

from newsobserver.com:

With two suspensions for inappropriate contact with a student, Jessica Wishnask quietly left the New Hanover school district two years ago to go work for another. She did not have to disclose her misconduct, and her prior employer did not report the suspensions.

Her new employer, Pitt County schools, did not find out about them until months later, when Wishnask got caught having sex with the same student and was sent to prison.

North Carolina's personnel law has helped hide suspensions such as those served by Wishnask for more than three decades. But that will change Oct. 1, thanks to a series of reforms Gov. Bev Perdue signed into law Monday that make public the suspensions and demotions of state and local employees.

Read more here.

N.C. Judge Rules Police Dash-Cam Videos Not Public Records

North Carolina's Randolph County Superior Court Judge Brad Long ruled that police dash-cam videos are not a matter of public record. A lawyer representing the N.C. Press Association says the ruling highlights a gray area in the state's open records laws, where the law hasn't kept pace with technological developments.

The decision stems from the efforts of media groups to obtain two dash-cam videos that could have shed light on the August 2009 fatal shooting of 21-year old UNC fraternity president Courtland Smith by an Archdale police officer on Interstate 85 after Smith had called 911 asking for assistance. The 911 radio transmission and police traffic tapes were released. The 911 radio transmission contains Smith telling a dispatcher he was suicidal, driving drunk at speeds up to 100 mph and armed with a 9 mm pistol.

For more about case, click here.

North Carolina County Seeks to Remove Public Officials from Online Property Database

Mecklenburg County wants the public to use an online survey to weigh in on a debate over access to public officials' tax information online.

Arguing that it is too easy for violent criminals to find out where public officials live, some North Carolina county and federal officials sent a letter to county commissioners asking them to allow law enforcement employees to remove their names from the county's online database.

But officials say the property search tool would have to be removed in its entirety, instead of selectively removing a few names. Property would have to be searched online using only addresses or parcel numbers, but not owner names if the search tool were removed.

Read more here.

Former North Carolina Governor Had Secret E-mail Account for State Business

In depositions stemming from a public records lawsuit against former North Carolina Governor Mike Easley, an aide testified that Easley kept a secret e-mail account and used it for state business. Former communications director Sherri Johnson said the e-mail address was "Nick Danger" spelled backwards in a likely reference to a fictional, satirical private eye. Johnson testified the backwards part was because Easley's learning disability left him writing backwards.

Public information officers also testified that the Easley administration instructed workers to delete e-mails and to use the telephone for sensitive issues.

For more, click here.

Records of Alleged Sexual Assaults by a Former NC Police Officer Ordered to be Released

A Mecklenburg, NC judge has ordered the release of all 911 tapes and police radio communications associated with former Officer Marcus Jackson, who was arrested and fired after several women accused him of sexually assaulting them during traffic stops.

Superior Court Judge Richard Boner ruled the recordings are public records subject to disclosure, and did not find that the release of the recordings would jeopardize the state's prosecution of the former police officer or his right to a fair trial.

For more information, click here.

N.C. lobbyists argue against creating an open government unit

The North Carolina House Finance Committee heard arguments on a bill that would create an open government unit with the Department of Justice, the AP reported. The department would issue advisory opinions and provide mediation services. However, Paul Meyer with the North Carolina League of Municipalities says the unit could slow down information access because the more than 1,500 state and local government agencies would feel forced to ask the open government unit for an opinion rather than their own attorneys.

City and county lobbyists argued Wednesday that a proposal to create a new state office to handle open government disputes and a change in how legal fees are awarded could delay further the release of documents.

The "Open Government Unit" with the Department of Justice would issue advisory opinions about public records questions and attempt to work out public records and open meeting issues without going to court.

The bill, heard but not voted on by the House Finance Committee, also attempts to make it easier for news media outlets and individuals suing in public records lawsuits to collect attorney fees if the documents are released.

More here.

Bill to increase likelihood of attorney fees reimbursement advances

The North Carolina House committee approved legislation that would reimburse legal fees for people or organizations that were "substantially" right in claiming a government agency wrongly kept data from the public, the AP reported. Currently, judges have discretion to award attorneys fees to people who win public records cases but often don't.

A state House committee cleared legislation Thursday that would improve the odds that people illegally denied requests for public documents could get their legal fees paid by the offending government agency.

A House judiciary committee unanimously approved the proposal that would curb the discretion of judges whether to award the legal fees in most cases. Although state law allows a judge to award attorney fees to people who successfully fight public records cases, they often choose not to reimburse the winner, leaving them with legal costs that could be thousands of dollars despite proving government officials were wrong.

The measure is seen as a compromise from a similar plan that passed the state Senate last summer but died in the House, said bill sponsor Rep. Deborah Ross, D-Wake.

More here.

N.C. bill would make recovery of attorney's fees easier

A bill filed in the North Carolina House would provide for automatic recovery of attorneys' fees for people who "substantially prevail" in public record suits, the Charlotte Observer reported. The bill also would create an "Open Government Unit" under the Department of Justice that would mediate public records and open meeting disputes.

A person who has to sue to obtain public records would have an easier time recovering attorney's fees under a bill filed in the state House.

The bill, which was filed Monday, would provide for the automatic recovery of legal fees in cases that are won convincingly.

The bill also establishes a unit in the state Department of Justice to keep public records disputes out of court in the first place.

More here.

Texas places first in 2009 Survey of State Government Information

See how your state measures up to others in terms of state government information available online:

Most Americans can easily find videos of water skiing squirrels on the Internet but they’ll have less luck finding out whether their children's school buses and classrooms are safe, or if neighborhood gas stations are overcharging.

The Sunshine Week 2009 Survey of State Government Information online found that while more and more government records are being posted online, some of the most important information is being left offline. And in some cases governments are charging taxpayers to access records that they already paid for, such as death certificates.

More here.

More coverage:

Survey shows some Ky. records available online, Fort Mill Times

In Kentucky, which tied for 26th place, the easiest records to find online are death certificates; however, viewing them is not free. Citizens must order them online and pay processing and delivery fees.

Also easy to find are statewide school test data; disciplinary actions taken against physicians within the past decade; teacher certifications; political campaign contributions and expenses; and personal financial disclosure reports for members of the Kentucky legislature.

Mississippi last in survey of Internet records, Memphis Commercial Appeal.

The state has online data from only four of 20 categories examined by the Sunshine Week 2009 Survey of State Government Information Online.

But the Mississippi agencies responsible for these records aren’t solely to blame in the lag of posting information online. Other culprits include a shortage of funding for developing and maintaining the Web sites; a shortage of broadband Internet access in this mostly rural state and lack of interest by residents who opt not to go online.

N.C. gets high marks for posting public info online, Times-News Online

The report found that North Carolina, which tied for third place, provides information on 17 out of 20 categories surveyed.

A visitor to the state's government Web site (www.nc.gov) can easily find links to state agencies on health, public education and transportation, but other links listed under "Online Services" and "State Agencies" can be confusing for a first-time user, the survey found.

Power company sues county for records related to license renewal

The Alcoa power company, which controls four reservoirs, sued Stanly County for allegedly not responding to records requests and improperly redacting nonprivileged information, the Charlotte Observer reported. The power company wants the judge to decide if the records are exempt from the law, to order the disclosure of the records and to force the county to reimburse Alcoa for its attorney fees. Alcoa is attempting to renew a 50-year federal hydroelectric license.

The Alcoa power company sued Stanly County on Friday, saying government officials have dragged their feet in responding to public-records requests.

Alcoa Power Generating Inc., which controls four reservoirs along the Yadkin River, is hoping to renew a 50-year federal hydroelectric license.

The county has spent nearly a million dollars fighting the renewal. It says the company has not cleaned up 90 years' worth of pollution, a charge Alcoa denies.

More here.

County loses lawsuit after destroying public records

Yet another county where commissioners use private computers and e-mail addresses -- making the deletion of public records almost inevitable.

Lincoln County will cover more than $7,000 in attorney's fees following a case in which former and current county commissioners admitted to destroying public documents.

Joann Hager, founder of Tri-County Animal Rescue, filed a lawsuit against the county when requests she made for documents were ignored for more than a year. Despite her victory, the outcome is not a total win-win, Hager said.

"That's my tax dollars being spent too," Hager said. "It was worth it if they change their procedures and public policies."

More here.

N.C. Reforms Move On...

A Senate committee on Tuesday gave its approval to a bill that open government supporters say would put some teeth in the state's public records law.

The bill, introduced by Sen. David Hoyle, D-Gaston, would require governmental bodies to pay the legal fees of parties that win public records lawsuits against the government.

"Very few people can afford to litigate these days," said Sen. Tony Rand, D-Cumberland, in support of the bill.

The bill would also create a new open government unit within the Department of Justice that would be responsible for the education and mediation of public records and open meetings law issues.

The committee approved the bill after it defeated an amendment by Sen. Dan Clodfelter, D-Mecklenburg, that would have stripped the legal fee requirement from the bill. Clodfelter argued that judges are already allowed to assess fees under a law negotiated three years ago.

"What I don't like about the bill is that it's going to be thrown out the window now," Clodfelter said about the three-year-old law.

More here.

FOI at Work: NC First Lady Travels Well...

North Carolina's first lady, Mary Easley, visited some of the finest museums in France and St. Petersburg, Russia, during the past 14 months. She and entourages dined at first-class restaurants, slept in top-notch hotels and sat in the fifth row for a Russian ballet. The travels -- a 2007 trip to France and one to Russia and Estonia in May -- cost taxpayers $109,000.

Gov. Mike Easley did not go on either trip, and neither was publicly disclosed at the time. Mary Easley did not respond to requests for an interview, but expense reports and other documents released in response to a public records request indicate the trips were considered cultural exchanges to build links between North Carolina and officials in the countries visited. The trips have so far produced no tangible benefits.

In May 2007, Mary Easley and an executive assistant traveled to Paris and Compiegne, France, "to see the ambassador and to visit major museums for sister city cultural arts" exchanges, according to the expense report filed with the state.

Once there, Easley had a round-the-clock chauffeured Mercedes-Benz that cost taxpayers more than $27,000. Taxpayers paid another $8,900 for Easley, her executive assistant and a state trooper -- along for security -- to stay in a hotel and participate in a Monet-themed tour. The trip was five months after the Monet exhibit closed at the N.C. Museum of Art.

More here.

The Ever-Shrinking Community...NC Seeks to Keep Secret Names of Little Leaguers

A frequent rant of mine is the ever-narrowing conceptualization of information that ought to be public, such as the fact that little Johnny drove in three runs in the game last night...while I see no reason to release dates of birth and the like, what about a name and an age?

Efforts to keep identifying information about children who participate in local recreational programs cleared a subcommittee on Wednesday.

The subcommittee, which is looking at a bill introduced by two Alamance County representatives - Democrat Alice Bordsen and Republican Cary Allred - along with Rep. Karen Ray, R-Iredell, also chose to recommend that the new proposed law clarify that coaches and recreation staff members could release that information if they chose to. However, they would not be required to do so.

The bill would exclude from the public record identifying information of a minor, such as the minor's name, address, age, date of birth, telephone number, name and address of the minor's parents and any other information on an application to participate in a recreation program.

Charles Marshall, representing the N.C. Press Association, requested that the name and age of the child continue to be public record to facilitate reporters and photographers who might be covering a youth sporting event.

Reps. Bonner Stiller, R-Brunswick, and Debbie Clary, R-Cleveland, argued for keeping such identifying information public.

"The worst thing that can happen is to put the wrong name under a 12-year-old or a 14-year-old who is the triple hitter," Clary said.

More here.

NC Bill Would Shift Fees...

Government agencies would be required to pay citizens' lawyer bills when they illegally deny access to public records, under a legislative proposal the sponsor says was spurred by several recent newspaper lawsuits.

The bill, introduced by Sen. David Hoyle, D-Gaston, would ensure citizens and groups receive money to cover their legal costs when they sue for access to public records under the state's open records law.

Hoyle, a longtime proponent of open government laws, said the measure would make government agencies think twice about denying access to public records.

"I think this may cause them to pause and say, 'Wait, why did I want this, and if I happen to lose in this situation, it could cost me some money,'" Hoyle said. "I think you'll see less litigation."

Many government organizations have opposed similar proposals in the past, citing fears that they will be hit with big legal bills for unintentionally blocking access to public records.

Current state law leaves legal fee awards up to a judge's discretion. That means courts can decide to award no money or part of the victors' legal tabs if it decides the agency had "substantial justification in denying access" or there were circumstances which would make awards "unjust."

The bill would make payment of "reasonable" legal fees, as determined by a judge, mandatory, Hoyle said.

More here.

New NC Bill Adds Fees, Ombuds

People or organizations who win public records lawsuits would be awarded legal fees to cover expenses for their litigation under a bill filed in the N.C. Senate.

Current law allows a judge to award reasonable attorneys fees to plaintiffs in a public records lawsuit, but doesn't require it. The proposed new law, sponsored by state Sen. David Hoyle, D-Gaston, would entitle successful plaintiffs to such fees.

"Give them the information," Hoyle said in encouraging local governments to be more willing to give the public access to records they collect. "I mean, it's public."

John Bussian, a lobbyist for the N.C. Press Association and an attorney for Freedom Communications, said that while judges currently can award reasonable attorney's fees, doing so is the exception to the rule.

"They make it effectively a long shot to recover legal expenses," Bussian said.

He said that most states either provide for the automatic recovery of legal fees in open government cases or provide criminal penalties for violations of such laws.

"North Carolina does neither one," Bussian said.

More here.

North Carolina Access: A Report Card

Good to see state-based evaluations of transparency like this report from North Carolina's John Locke Foundation -- thanks to Mark Tapscott for the heads up...

Seven state agencies earn failing grades, when it comes to making budget and spending information available online. Twenty of 22 agencies studied earned no better than a D-plus grade, according to a new John Locke Foundation Spotlight report.

The report assigns F’s to the departments of Commerce, Correction, Environment and Natural Resources, Insurance, Justice, Transportation, and the State Treasurer. The only state agencies to escape a D or F grade were the Clean Water Management Trust Fund, with a C, and the Department of Public Instruction, C-minus.

Those poor grades are not unique to state agencies. The JLF Transparency Report Card 2008 highlights transparency problems at all levels of North Carolina government, said report co-author Chad Adams, JLF Vice President for Development and director of the Center for Local Innovation. “The average grade for a state agency covered in this report is a D-minus,” he said. “No North Carolina city or school system in this report earns better than a C grade, and no county earns more than a C-minus.”

The report card is designed to spur improvement within state and local governments, Adams said. “This state, home to national banks that update their customers’ accounts instantly anywhere around the world, woefully lags in making spending transparent at every level,” he said. “North Carolina and its local governments need to do more.”

Adams and JLF Fiscal Policy Analyst Joseph Coletti evaluated the Web sites of 22 state agencies, North Carolina’s 10 largest cities, 10 largest counties, and 10 highest-spending school districts. Each earned a letter grade from A to F based on the “degree of difficulty” presented to citizens hoping to find line-item budgets, annual financial reports, and information about government contracts, grants to non-profit groups, and personnel data.

As a group, the cities earned the highest marks with an overall grade of C-minus. Counties earned an average D-plus grade; local school districts, D; and state agencies, D-minus.

The report noted some bright spots. The Department of Public Instruction, Community College system, and University of North Carolina system all earned B grades for presenting school enrollment and graduation rate information. The Clean Water Management Trust Fund earned a B for documenting its grants to nonprofits. The clean water fund, departments of Labor and Revenue, and the Office of State Budget and Management all earned B’s for presenting detailed budget information.

But 10 agencies earned more F’s than passing grades. The departments of Justice and Transportation earned F grades in every category.

More here.

North Carolina Panel Urges Training...

Members of panel appointed by Gov. Mike Easley appears headed toward approval of a plan that would require training on the public records law for most state employees and improvements to government e-mail servers that would archive e-mails for a number of years.

However, a majority of the group expressed concern about creating a system that archived all government e-mails automatically and voiced support for allowing state employees the continued discretion to decide which of their e-mails should be preserved for posterity and which ones are zapped.

Though news reports of the administration’s public information officers and even Easley himself trashing public records triggered the panel’s creation, several of those the governor appointed to review the matter said Thursday state employees should be trusted to do the right thing.

More here.

Love the Solidarity Here!

The News & Observer and nine other North Carolina news organizations sued Gov. Mike Easley today over his administration’s methodical deletion of official government e-mails, which they say violates the state’s Public Records Law.

The news media coalition accuses Easley’s administration of “the systematic deletion, destruction or concealment of e-mail messages sent from or received by the Governor’s Office” in violation of the law, according to the lawsuit, which was filed in Wake County Superior Court.

The practice was “promulgated and implemented willfully and for the purpose of evading the Public Records Law and depriving the people of North Carolina of access to information and records,” the suit alleges.

The lawsuit also accuses the state Department of Cultural Resources, which oversees government records, of establishing an illegal policy permitting state government workers to delete e-mail messages that they decide are of “short-term value” or “when they no longer have reference value to the sender or receiver.”

More here.

Secret University Presidential Searches: A Bit More Context

The Fayetteville, North Carolina Observer weighs in on secret university searches, conducting a nice national tally of who does what...

North Carolina is the only state in the nation that selects the top leaders of all its public universities in secret.

In 49 other states, the names of the finalists for university president or chancellor positions are made public, a Fayetteville Observer study shows. Six states release the names of all applicants.

A few states have no single governing policy, according to the survey of 118 university systems or individual schools. Some universities in those states close the process, but at least one school or university system in every state, except North Carolina, selects leaders in public.

The story continues to report that Amanda Martin, a lawyer for the North Carolina Press Association, said she would endorse moving to a system in which the names of job finalists are made public. That’s what roughly 85 percent of public universities do across the country, according to the Observer survey.

In North Carolina, each university has a search process to choose three candidates for its chancellor position. Those candidates are submitted to university system President Erskine Bowles, who recommends one to the UNC board of governors. Only then — when it’s time to vote on the one candidate recommended by Bowles — is the secrecy lifted. And only the name of the person recommended is released.

I especially enjoy THIS section, in which the newspaper tests one of the major assumptions of the closed search crowd: that it scares off would-be applicants...

A check of news reports shows that several educators — including the recently installed N.C. Central University chancellor, Dr. Charlie Nelms, and two current finalists for Fayetteville State University’s chancellor position — have been candidates in public searches without losing their jobs.

Nelms, prior to being hired at NCCU in 2007, competed and became a finalist for presidential or chancellor posts at four other universities in a four-year period, including Fayetteville State in 2003, Florida A&M in 2004 and Tennessee State in 2005.

During each search, Nelms was identified as a candidate. Meanwhile, he kept his job as vice president at Indiana University.

Two finalists in the current search for FSU’s chancellor — Dr. James A. Anderson, a professor at Albany University, and Dr. Albert L. Walker, president of Bluefield State College — have been finalists in other presidential searches during the last three years, the Observer has learned.

Anderson was a 2007 finalist for the presidency of California State University-Dominguez Hills. Walker was a 2005 finalist for the presidency of Langston University in Oklahoma and was eliminated in an early round of a 2006 Florida A&M University presidential search.

Both Anderson and Walker are still at their schools.