North Carolina is among 15 states that do not set a statutory time limit for public agencies to reply to open records requests by either complying with the request, denying it or asking for an extension. Here is a sampling of statutes other Southern states.
Alabama: There is no time requirement.
Arkansas: Public agencies have 3 days to reply.
Florida: There is no time requirement.
Georgia: Public agencies have 3 days to reply.
Kentucky: Public agencies have 3 days to reply.
Louisiana: Public agencies have 3 days to reply.
Mississippi: Public agencies have 1 day to reply.
South Carolina: Public agencies have 15 days to reply.
Tennessee: Public agencies have 7 days to reply.
Virginia: Public agencies have 5 days to reply
Source: sunshinereview.org
Public agencies must permit records to be inspected and examined at "reasonable times."
Copies of documents must be furnished as promptly as possible.
No person requesting records is required to disclose their purpose for seeking records
No request to inspect or copy public records shall be denied on grounds confidential information is co-mingled with non confidential information
This is Sunshine Week, when journalists, librarians, lawyers, educators and other advocates of open government highlight the value of freedom of information. Look for more coverage this week.
Under North Carolina's open records laws, anyone who wants government documents is supposed to get them as soon as possible.
But agencies can take weeks, months or even longer to produce public information. The delays often force citizens to rely on persistence or simply luck.
Joann Hager, a Lincoln County animal rights activist, has tested the statutes - and two times, she says, they failed her.
Hager once waited more than a year for records. She sued county commissioners out of frustration and won.
Another time, Hager suspects officials delayed her request for public records in order to obscure information about improper euthanasia practices and mismanagement at the county animal shelter.
"There should be a time limit placed on the agency to deliver the records," said Hager, who lives about 20 miles northwest of Charlotte. "I have personally seen how government agencies drag their feet. They think you will give up or forget about your request if they make you wait long enough."
Martha Lide, Lincoln's assistant county manager, disputes Hager's accusation that officials tried to cover up problems at the animal shelter. Lide said "we did our best" to comply with numerous open records requests from Hager.
But Hager's experiences, and others from citizens and the media, highlight how North Carolina remains among a minority of states with no deadline for local governments to respond to open records requests.
About 35 states specify a time limit for government to provide public documents, deny requests or ask for an extension, according to sunshinereview.org, a group that tracks open government. The mandatory response times range from one day in Mississippi to 30 days in Rhode Island.
Small towns and large cities across North Carolina routinely fulfill records requests under state law, which says they should be produced as promptly as possible. A spokeswoman for the city of Charlotte, for example, said her office complies with most open records requests in less than three days.
Advocates for local government said they would oppose mandatory deadlines because they say it would put an unfair burden on municipalities and other public bodies.
"There are 540 cities and 100 counties in North Carolina with differing staffing and ability to respond," said Paul Meyer, chief legislative counsel for the N.C. League of Municipalities. "With mandatory response times, some flat out couldn't comply."
But when officials don't act quickly, citizens have few means to hold them accountable.
There are no criminal or civil penalties for violating the law. Residents can file lawsuits, but the government is only liable for attorneys' fees and court costs.
The National Freedom of Information Coalition and Better Government Association conducted a 2007 study, grading states on responsiveness to open records requests. North Carolina received an "F," ranking 40th out of 50 states.
Facing resistance
North Carolina defines public records as all documents, letters, electronic data, books and other materials not specifically exempted by the state General Assembly.
Public agencies, however, sometimes resist opening records.
The Charlotte Observer made an Oct. 1 request of the Charlotte-Mecklenburg Police Department for the names of officers who had been suspended or fired in the past five years. Gov. Bev Perdue signed into law last year changes that make more information from personnel records of government employees available.
City officials did not immediately comply, saying they were seeking an opinion from the N.C. Department of Justice. City attorneys and other public agencies argued they did not believe the law applied to retroactive records and that only newly created personnel records should be made public.
State Chief Deputy Attorney General Grayson Kelley wrote an opinion released Nov. 8 that said the law clearly intended to make the information accessible to citizens.
On Nov. 19, the police department provided some of the information but continued withholding some, including the full names of all of the disciplined officers.
City spokeswoman Kim McMillan said city officials attempted to provide the requested records. In January, she said, they sent more detailed information showing dates and types of suspensions for 28 officers specifically identified by the Observer.
However, full names for officers involved in hundreds of other suspensions were not provided. McMillan said Friday officials did not realize the request went beyond the 28 officers and also sought full names for all disciplined officers. She said the city will work to release the names in the next three to four weeks.
In another instance, public agencies feigned ignorance.
In reporting on the State Bureau of Investigation, The News & Observer requested information on the SBI's settlement with agent Mark Isley over a claim of racial discrimination. Isley was the agent who wrote an elaborate confession allegedly dictated by Floyd Brown, a mentally challenged Anson County man who spent 13 years behind bars before a judge tossed out the charges against him.
The News & Observer first made the request for the Isley settlement on July 23, and the newspaper followed up with at least six e-mail messages requesting the records.
The Department of Justice responded that the agency was unfamiliar with the records.
The News & Observer looked into a financial database and discovered that on Oct. 24, 2005, the Department of Justice paid Ferguson Stein Chambers, a law firm, $1,573.53 in legal fees for the Isley settlement.
Only after forwarding the check number, date and amount to the Department of Justice did the agency acknowledge the settlement. The department provided the records three weeks later.
Mandatory limits push
In recent years, open government advocates in several states have pushed to impose mandatory response times or reduce the amount of time officials have to furnish, deny or ask for extensions.
Without time limits, proponents said, citizens and the media have almost no leverage against government officials without filing a lawsuit.
Ken Bunting, executive director of the National Freedom of Information Coalition, said most states do not impose penalties on public agencies that violate mandatory response times. The laws often contain "squishy" language that allows agencies to meet the deadline by simply responding, "We need more time."
Hugh Stevens, a First Amendment lawyer in Raleigh who has represented The News & Observer and The Charlotte Observer, helped write the language in the current law, which requires that records be provided "as promptly as possible."
Stevens said a deadline would have to be worded to require production of the records in a certain time, not just an initial response to the request.
Government advocates said existing laws are adequate.
"Counties go out of their way to accommodate open record requests and open meetings up," said Todd McGee, spokesman for the N.C. Association of County Commissioners.