County officials reluctant to produce documents

By NICOLE CARTRETTE

The News Reporter’s access to financial records and the county budget for fiscal 2005-2006 (both public records) has been stalled for days.

On Monday, Oct. 2 The News Reporter requested a copy of the county’s fiscal 2005-2006 budget, which is kept in the clerk’s office. A reporter was told any request for information from the media must go through county attorney Steve Fowler.

Monday, Fowler was in his office but unavailable because he was on the phone. A message asking that he contact The News Reporter was left with his paralegal. Fowler did not return the call. That afternoon, The News Reporter sent Fowler an e-mail stating that the information had been requested and it appeared that a “gatekeeper” policy had been put into place.

The e-mail explained that this was a violation of the North Carolina Public Records Law, provided a link to case law to the effect and asked that the situation be cleared up as soon as possible.

“This is one (where) you are in the right,” attorney Amanda Martin with the N.C. Press Association said, pointing out that the county cannot set up a “gatekeeper,” which all requests must go through.

She said a Buncombe County policy that required public information requests come through the county manager resulted in a lawsuit against the county in 1999. The court ruled that establishing a gatekeeper or overseer between those seeking access to records and the custodians of those records is a violation of the law. The court defined a custodian as the person who in fact possesses the records.

County Commissioner Chairman Kip Godwin was informed that a request for documents had been made at Monday’s commissioner meeting. Godwin agreed that everything goes through Fowler and said that any questions regarding the legality also be deferred to Fowler.

At the same meeting Fowler acknowledged he received the e-mail. “It was the first I had heard of any requests,” Fowler said. A reporter gave Fowler a formal request with the case law attached.

On Tuesday morning, Oct. 3, the county attorney’s office was again contacted by phone. The reporter was told Fowler was not in at the moment and another message was left for Fowler to contact The News Reporter. Again the call was unreturned.

“The county government staff is currently working on the information you requested. However, per your hand-delivery request, I would like more specifics from you regarding the financial audit you requested. Who are you stating performed the audit and when was the work-product completed. This information is to expedite your request,” Fowler stated.

The News Reporter followed up Fowler’s e-mail with an e-mail request of “a copy of any and all financial audit reports preformed within the last year, including and not limited to reports, notes, and data associated with the report.”

Fowler replied: “We are continuing to work on your request. The most convenient way to view current Columbus County financial data is by the link below at the North Carolina State Treasurer’s website. This information is based on audited financial statements submitted to the Local Government Commission.”

A review of the site offered limited information compared with what is available in a complete budget and an e-mail to that effect was sent to Fowler.

The News Reporter contacted the human resources department Wednesday morning and was told information requested from that department would be available after lunch. An envelope left at the front desk of the department disclosed part but not all of the information requested.

Several commissioners were contacted on Wednesday regarding the matter.

“I was assured Monday night that you would receive that,” Commissioner James Prevatte said, adding that he couldn’t answer why The News Reporter has not been given a copy. Prevatte said he was going to make a call to the county attorney and called back moments later.

“It is our policy if you want to look at the budget you can anytime,” Prevatte said. “An individual copy is 25 cents per page, part or all.”

Later Wednesday afternoon, Commissioner Bill Memory said he had been told the information requested had been received, noting it takes time to get information together and that employees have to be “pulled off” their job to put the information together.
“They should give you what you need –that is public information,” Commissioner David Dutton said.

Commissioner Sammie Jacobs said he was busy at the moment before the reason for the 4:45 p.m. call could be disclosed, and said he could be called some other time during business hours but not at home.

Though no formal denial has been issued, The News Reporter has not been given access to the other financial records requested.

North Carolina’s public records law, chapter 132 of the General Statutes states that the public and media have a right to obtain most documents created or received by state and local government. The statutes refer to the documents as “the property of the people.” According to the law, “Every custodian of public records shall permit any record in the custodian’s custody to be inspected and examined at reasonable times and under reasonable supervision by any person, and shall, as promptly as possible, furnish copies thereof upon payment of any fees as may be prescribed by law.”

“No person requesting to inspect and examine public records, or to obtain copies thereof, shall be required to disclose the purpose or motive for the request,” the statute reads. “No request to inspect, examine, or obtain copies of public records shall be denied on the grounds that confidential information is comingled with the requested non-confidential information.

“Any person who is denied access to public records for purposes of inspection and examination, or who is denied copies of public records, may apply to the appropriate division of the General Court of Justice for an order compelling disclosure or copying, and the court shall have jurisdiction to issue such orders. Actions brought pursuant to this section shall be set down for immediate hearing, and subsequent proceedings in such actions shall be accorded priority by the trial and appellate courts.”