NC Governor's Panel to Review Public Records Law Policies

North Carolina's public records law (NCGS 132) is our state's version of the U.S. Freedom of Information Act (FOIA).

March 26, 2008

WAKE COUNTY NC NEWS -- The Governor has chosen members of a special panel that will be conducting a comprehensive review of policies concerning the retention of e-mail messages under the North Carolina's public records law (NCGS 132), which is our state's version of the Freedom of Information Act (FOIA). In addition, the public records law is one of two tools enabling the average citizen to monitor government process and unmask public corruption. The formation of the special panel follows the discovery that state employees and public officials have been destroying e-mails in violation of the public records law. Currently, public records law makes no distinction between e-mail messages and other documents that are to be retained and made available to the public; however, the "Records Retention and Disposition Schedules" created by Easley in his first term, and is in place at various state departments, authorized e-mail messages of "ephemeral or rapidly diminishing value" may be deleted if the computer user decides the e-mail's "administrative" or "reference" value has ended.

The Governor's special panel first meets at 10:30 a.m. on Thursday, March 27, 2008, in the Council of State meeting room on the 5th floor of the Administration Building, 116 W. Jones St., Raleigh. The panel's review will encompass the governor's office and all cabinets and other administrative offices directly under the governor's control. The review will include use of state-owned e-mail systems as well as electronic text communications on state-owned or leased wireless devices such as BlackBerry handheld units.

The panel will develop proposals that can be implemented by executive directive or changes in current policy and procedure. If changes in current law are necessary, that too will be addressed. The panel will make a preliminary report to the governor by May 20, 2008. Meetings of the committee will be open and it will hold public hearings to get input from the various groups with interest in the issue along with the general public.

Previously, Easley directed Franklin Freeman, his senior assistant for government affairs, to lead the panel and directed him to conduct a comprehensive review of policies concerning the retention of e-mail messages under the state's public records law and make recommendations for any changes in policy or state law. He also named Ferrel Guillory, the founder the Program on Public Life and member of the faculty of the UNC-Chapel Hill School of Journalism and Mass Communication, to the panel.

Others named to the panel include:

• Ned Cline, former managing editor of the Greensboro News & Record: Cline spent more than 30 years as a reporter and editor, covering state government for the Greensboro Daily News and the Charlotte Observer and as an editor and editorial page editor at the News & Record.
  
  
• DeWitt F. (Mac) McCarley, Charlotte City Attorney: McCarley has been city attorney for Charlotte since 1994 and before that was city attorney in Greenville. He is a past president of the North Carolina Municipal Attorneys Association and is 2nd vice president of the International Municipal Lawyers Association.
  
  
• Staci Meyer, chief deputy secretary NC Department of Cultural Resources: Prior to joining the Department of Cultural Resources, Meyer was a special deputy attorney general in the NC Justice Department for litigation, health care and personnel matters.
  
  
• George Bakolia, state chief information officer: Bakolia has more than 27 years of experience in information systems in both the public and private sectors. Prior to his appointment in 2002, he was the chief information officer at the NC Department of Justice.
  
  
• Bryan Beatty, secretary of Crime Control and Public Safety: Beatty, a former SBI agent, has served as director of the State Bureau of Investigation and Deputy Attorney General for Policy and Planning for the Department of Justice. In November 1997 he was named the first Inspector General for the State, where he was responsible for a staff of attorneys and investigators charged with the investigation, prosecution and prevention of fraud in state public assistance programs.

Additionally, David Lawrence, who is the William R. Kenan, Jr. Professor of Public Law and Government at the UNC School of Government will be serving as advisor to the panel. Chief Deputy NC Attorney General, Grayson Kelley, will serve as counsel to the committee, while Liz Riley, deputy legal counsel to the governor, will staff the committee.

Governor Easley said, "These are distinguished individuals, from inside and outside of state government, who bring both experience and concern for public affairs and public information to this important task. I know their input will provide guidance so that we make sure the public's records are properly maintained."

Yes, and one would think public officials, including the Governor of North Carolina, would adhere to the Public Records law, instead of attempting to circumvent it through policy and change.