N&R flubs take on public records law

GREENSBORO, NC -- News & Record editorial editor Allen Johnson is on the right side of the argument over public access to video recorded by Greensboro Police body-worn cameras. The police are wrong to keep them from public view is his take. I agree. For his devotion to the matter, you would expect Allen to have a degree of familiarity with applicable state law that would keep him from publishing a mistake like this:

"Police records that are considered part of a criminal or internal investigation, or that are placed in an officer’s personnel file, can be concealed."

Although that excuse has been frequently deployed by the police as a reason for denying public access to records, it is not what state law says, which is this:

"The use of a public record in connection with a criminal investigation or the gathering of criminal intelligence shall not affect its status as a public record." [§ 132-1.4(f)]  

That makes perfect sense, of course. Public employees do not get special treatment that would allow their actions to be shielded from the same public documentation other citizens endure. If you or I get arrested, the arrest report is public—the same for public employees. An arrest report doesn't become confidential just because it gets put in a public employee's personnel file. Public records remain public records.

The same goes for records used in criminal investigations. A recording of a call to 911 doesn't lose its status as a public record just because it is also used in a criminal investigation. Those are not just examples of good public policy regarding transparency, they are examples of how the law applies.

The News & Record has the law on its side in these matters, it should get it right when it describes what the law requires, even though—or especially because—it is at odd with what officials assert when withholding these public records.