On hundreds of occasions when I was a newspaperman I went round and round with government officials over access to public records.
Some of them must never have read North Carolina’s public records law, G.S. 132-1, or, if they had, they didn’t understand it. Basically, the law says that all state and local government records are public — written documents, photographs, tape recordings, everything — unless there’s another law that says they aren’t, like the laws protecting tax returns, medical records, SBI investigations, things like that, from public disclosure.
They’d say stuff like, “I’ve worked here 25 years and we’ve never released that record,” as if that mattered.
Some wanted to know why I wanted the record. State law didn’t require me –and doesn’t require you– to tell them and, when you get right down to it, it’s none of their business.
They sometimes tried to overcharge the newspaper I worked for, The News & Observer.
A state Department of Transportation lawyer sent me a letter saying a database we wanted would cost the newspaper twenty-something thousand dollars.
“While this may seem exorbitant…” he said in the letter, proving that lawyers do so have sense of humor.
My favorite encounter over public records involved my request for a copy of an accident report from the N.C. Division of Motor Vehicles headquarters in Raleigh. The report, the DVM clerk conceded, was public. But the accident report index, without which you couldn’t find an individual report, was not public, he said.
Huh? Says who?
The clerk said that’s what an assistant attorney general who advised DMV on such matters had told him. At my request he asked that attorney to join us.
Sure enough, that was his position: the accident report was public but the index wasn’t. That was so nutty, in my opinion, there was no point in discussing it. Might as well cut to the chase.
I said, “Bill, The N&O is going to rely on G.S. 132-1, which says that index is public. What law are you going to rely on that says it isn’t?”
He hemmed and hawed but he didn’t cite a statute.
So I asked him again. He beat around the bush some more. I said, “Bill, you’re wasting our time. What law are you going to rely on?”
“There isn’t a law,” he said,“but there ought to be.”
I said, “Bill, are you listening to yourself?”
Postscript: DMV let me see the index and I found, and copied, the accident report I wanted.
NOTE:
§ 132-1. “Public records” defined.
(a) “Public record” or “public records” shall mean all documents, papers, letters, maps, books, photographs, films, sound recordings, magnetic or other tapes, electronic data-processing records, artifacts, or other documentary material, regardless of physical form or characteristics, made or received pursuant to law or ordinance in connection with the transaction of public business by any agency of North Carolina government or its subdivisions. Agency of North Carolina government or its subdivisions shall mean and include every public office, public officer or official (State or local, elected or appointed), institution, board, commission, bureau, council, department, authority or other unit of government of the State or of any county, unit, special district or other political subdivision of government.
(b) The public records and public information compiled by the agencies of North Carolina government or its subdivisions are the property of the people. Therefore, it is the policy of this State that the people may obtain copies of their public records and public information free or at minimal cost unless otherwise specifically provided by law. As used herein, “minimal cost” shall mean the actual cost of reproducing the public record or public information. (1935, c. 265, s. 1; 1975, c. 787, s. 1; 1995, c. 388, s. 1.)
Coming Monday: The Spoon
Pat,
I recall the fear, yes fear, your shadow cast across the DOT with your investigative reporting. Good thing too as it helped ensure folks (mostly) stayed on the straight and narrow.
During my tenure as Director of the Rail Division we had few established rules to follow, unlike the highway boys who had the annual compendium of State Transportation Laws which was stocked in the supply room.
When faced with a question for which there was no formal guidance I relied on what I referred to as the “Joe Six-pack Rule.” I imagined if I could corner a person walking down the street in front of the capitol building and both told them the question and my approach to answering it, if they agreed with my logic, then Pat Stith (nor a legislative committee staffer) would not come knocking on my door. Mostly it worked.
Thanks too for your blog. I miss reading (and Dwayne Powell) stories from the old hands @ the N&O.
Patrick,
Your technique was pretty much the same as mine.
When I came across an interesting set of facts I’d ask myself — “How would this play in Knightdale?” And if I concluded, This won’t play in Knightdale — they’re not going to stand for it., then I’d put it in paper. But if I concluded that my neighbors would give the story a pass, I would too.
Thanks for writing.
Pat