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March 14, 2010 126th year No. 73
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Minister, actor, singer, composer and producer Clifton Davis will serve as a keynote speaker at North Carolina A&T State University’s fourth annual Rehabilitation of Racial & Ethnic Minorities with Behavioral Addictions conference April 15-16 at the Proximity Hotel in Greensboro.
Most public records should be there for the asking Before you read...
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How much is your city manager being paid? How many disciplinary actions were taken at your child’s school this year? How much of this are you entitled to know, and how do you get the information? Today marks the beginning of Sunshine Week, where print, broadcast and online news media band together to focus on open records and open meetings laws and the public’s right to know and hold their government officials accountable. The national initiative aims to open a dialogue about the importance of open government and freedom of information. The High Point Enterprise today begins a five-part series delving into issues dealing with open government, including current laws and examples of how those laws are applied today. BY PAM HAYNES ENTERPRISE STAFF WRITER
HIGH POINT – When it comes to gaining access to a public record in North Carolina, officials say individuals should look to the state’s open records laws. The laws are the state equivalent of the Freedom of Information Act, which gives the public access to federal government records, said David Elliot, director of victims and citizens services at the N.C. Attorney General’s office in Raleigh. Thanks to open records laws, most public records in the state are available upon request.
“The only records that may not be available are those with a clear statutory exemption,” Elliot said. “OthSUNSHINE erwise, most docuWEEK 2010 ments and records created by state government are accesIt’s your right sible to the public.” to know Records that have ■■■ such an exemption may include certain personnel records from state government offices to protect the privacy of state employees, Elliot said. Certain attorney and client communication records, trial preparation materials, tax records or records containing an individual’s personal information, such as a Social Security number, also are closed to the public. The law also does not require a state agency to create lists of records upon request, Elliot said. For example, a person may ask for a list of complaints made against a certain company. If no list exists, one is not required to be created, but the person seeking the information does have access to each individual complaint on record, he said. Elliot advises those requesting a public record to do several things. First, give an ample amount of time for that agency to produce the record. The open records laws requires records to be turned over in a “reasonable amount of time.” He said those requesting the records should write down the date the record was requested and the number of copies or pages requested. “It depends on what is requested
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“The only records that may not be available are those with a clear statutory exemption,” a N.C. Attorney General office spokesman said. when it comes to that ‘reasonable amount of time,’ ” he said. “For example, if someone asks for one sheet of paper versus 5,000, it’s going to take different amounts of time. It just depends on the type of request and if those documents are easy to locate.” Rather than producing records, sometimes an agency will elect to have a person come into their office and view the records there. This is a lawful alternative to producing copies, Elliot said. In the event that a person requests a record he or she believes to be public but is denied access, Elliot said they should ask the agency about the basis of their
BEHIND CLOSED DOORS:
Open meetings law allows some private gatherings BY DARRICK IGNASIAK ENTERPRISE STAFF WRITER
TRIAD – Only in specific situations does state law permit public bodies to meet in closed session, out of sight and hearing of the general public. North Carolina law allows public bodies to meet behind closed doors to prevent the disclosure of information that is confidential pursuant to federal and state law. Public bodies also can meet in closed session to discuss information that is not of public record, such as attorney-client privilege information between a board’s attorney and its members. Public bodies also may meet
Inside...
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Records access differs for federal, state, local sources. 2A in closed session to prevent the disclosure of an honorary degree, scholarship prize or similar award and to discuss with an attorney the handling or settlement of a claim, judicial action, mediation, arbitration or administrative procedure. Land negotiations and economic incentives also can be discussed in closed session, but general statutes clearly say the action by boards on those matters must be done in an open meeting.
In addition, boards also can meet in closed session to hear reports concerning investigations of alleged criminal misconduct and to discuss any plans to protect public safety as it relates to potential terrorist activity. Matters concerning general policy of public bodies may not be discussed in closed session, according to North Carolina law. Boards also can’t remove a member or fill a vacancy in their public body unless done in an open meeting. Hugh Stevens, an attorney who represents the N.C. Press Association, said if a resident or member of the media finds out about an illegal meeting, they could ask the courts to void any action
rejection for the request. If they still feel unsatisfied with that answer, they can contact the Open Government Unit at the Attorney General’s office or send an e-mail to opengov@ncdoj.gov. More information about the laws also is available in the Attorney General’s Guide to Open Government.
Ethel Carter, 93 Fonty Fontana, 77 Janet Forbis, 83 Helen Lewis, 92 Caleb Lowry, 33 Faber Riddle, 82 Vickie Rowe, 52
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TODAY: A look at existing open records and open meetings laws MONDAY: Open records and law enforcement TUESDAY: Police shooting puts laws to test WEDNESDAY: What are you entitled to know about your child’s school? THURSDAY: Stories that couldn’t have been told without open records laws that was taken at the meeting. For illegal meetings, “there is no real penalty as such in the law,” Stevens said. “The penalties primarily take the form of exposure, criticism and whatever political fallout generally comes from that.” Stevens said public bodies often have gone into closed session to discuss one matter, but then go off into another discussion that wasn’t intended to be discussed. “We probably have more improper or illegal closed sessions than we do entire meetings,” he said.
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