House Finance committee considers House Bill 1134, Open Government Act which allows a successful plaintiff to recover attorney fees in a public records dispute. It also sets up an open government unit in the Dept of Justice which would offer moderation and mediation in matters regarding disputes for a fee.
Bill sponsors Rep Winkie Wilkins, (D-Person) and Rep Margaret Dickson (D-Cumberland) speak about their experiences with record requests as a small newspaper and broadcast media, respectively. The public wants the information and it is the legislators responsibility to make it available while making sure it is not unduly burdensome on government agencies.
Concerns and Questions from committee:
Mediation is non binding.
Rep Van Braxton asks about extremely broad requests? Would the agency be compensated for additional staff time required to fulfill the requests?
Some of those will occurr. The requester has to pay for the records and are often given the records where the agency just hands them over.
What is covered under this? Everything including local governemnt units. The only exemption is the Judicial Dept.
The attorney general’s office opinions can be used.
How many public records law suits were filed in the last year? Unknown
Rep Pryor Gibson (D-Anson) says “This is not a good bill. It will change the way we do government.” He has concerns about the “pajama jihad” (bloggers who scutinize everything they do).
Rep Bill Owens (D-Pasquotank) has an amendment that will gut the bill. He proposes allowing the government to recover legal fees if they prevail. He says it makes it two ways and fair. The reality is it would allow government to intimidate parties seeking public records. Rep Deborah Ross (D-Wake) opposes the amendment, Rule 11 discourages frivolous lawsuits. The amendment does not level the playing field but chills the right of people to seek access to their records. Government doesn’t think about paying their attorneys the same way that individuals do.
Rep Johnathan Rhyne (R-Lincoln) speaks in favor of the amendment. Rep Thom Tillis (R-Mecklenburg) and Rep Larry Hall (D-Durham) speaks against as a fairness to the public. Rep Edgar Starnes (R-Caldwell) says “Since when is fighting city hall a level playing field. Government has resources not available to citizens.”. Rep Owens makes the argument that the amendment protects the taxpayer.
Rep Owens’ amendment vote is 13 -13. It fails.
Of note: Rep Dale Folwell (R-Forsyth) is reading the latest issue of Carolina Journal during the slow parts of the meeting.
By a voice vote, the bill passes the House Finance Committee and will go to the floor next.
