Baby teeth

Shortly after writing about my support for a state bill proposed by John Blust that would put some teeth into state public records law, I emailed my state representative Maggie Jeffus to ask her to support Blust's bill. She wrote me back less than ninety minutes later to say that she was in session where debate was underway on an alternate public records law bill.

HB 1134 would also make changes to North Carolina's public records law, appears to be supported primarily by Democrats and is further along than Blust's bill.

It is good that the legislature has recognized the need to encourage greater compliance with public records law and is taking action. I would like to hear some legal opinions, but, on first read, I think Blust's bill may be more effective.

As I replied to Representative Jeffus, it appears to my layman's understanding that HB 1134 might actually chill the pursuit of public records by making those who sue for records responsible for the attorney's fees for the public body, even if the public body is ordered to release some records but it "substantially prevails" overall.

HB 1134, like Blust's bill, also would have public employees personally financially responsible for obstructing records requests but, the way I read it, it exempts government attorneys. Anybody familiar with requesting records from the City of Greensboro knows that the legal department is almost always were the denials for access to records comes from. A law that proposes financial consequences to obstruction but exempts attorneys is insufficient to fix Greensboro's problems.