N.C. Senate committee approves bill to strengthen public records law

RALEIGH - A Senate committee on Tuesday gave its approval to a bill that open government supporters say would put some teeth in the state's public records law.

The bill, introduced by Sen. David Hoyle, D-Gaston, would require governmental bodies to pay the legal fees of parties that win public records lawsuits against the government.

"Very few people can afford to litigate these days," said Sen. Tony Rand, D-Cumberland, in support of the bill.

The bill would also create a new open government unit within the Department of Justice that would be responsible for the education and mediation of public records and open meetings law issues.

The committee approved the bill after it defeated an amendment by Sen. Dan Clodfelter, D-Mecklenburg, that would have stripped the legal fee requirement from the bill. Clodfelter argued that judges are already allowed to assess fees under a law negotiated three years ago.

"What I don't like about the bill is that it's going to be thrown out the window now," Clodfelter said about the three-year-old law.

Representatives from the N.C. Association of County Commissioners, the N.C. League of Municipalities, and the N.C. Hospitals Association supported Clodfelter's amendment.

"Reasonable minds differ on the interpretation of the public records law," said Martha McConnell, a lobbyist for Carolinas HealthCare System.

Andy Romanet, general counsel for the N.C. League of Municipalities, said that often times, local government employees handling records are in a "Catch 22 situation."

Others, however, argued against Clodfelter's amendment and in favor of the bill.

John Bussian, a lobbyist for the N.C. Press Association and an attorney for Freedom Communications, said that smaller newspapers and citizens groups had won public records lawsuits recently, only to be denied recovery of their legal fees.

Sen. Ellie Kinnaird, D-Orange, noted that a citizens group in Chatham County won a "very costly" public records case but did not get legal expenses paid.

The bill will now go to the Senate Finance Committee.

Barry Smith can be reached at bsmith@link.freedom.com