Open records bill advances in NC Senate

RALEIGH -- A measure designed to strengthen compliance with the state's open records law won the backing of a Senate judiciary committee Tuesday.

The plan would guarantee that citizens and organizations successful in suing government agencies for access to information receive compensation for their legal costs. Current state law grants judges the leeway to decide whether to require governments to pay the victorious parties' legal bills.

But Senate Majority Leader Tony Rand, D-Cumberland, said many judges have been reluctant to award such fees.

In recent years, several small newspapers have racked up hefty legal bills while mounting successful open records suits, he said.

"It is exceedingly expensive to litigate these days, as you know, and in most cases judges are reluctant to order attorney's fees," Rand added.

The panel rejected an amendment from Sen. Dan Clodfelter, D-Mecklenburg, which would have eliminated the mandatory legal fee component.

Several local government groups supported Clodfelter's proposed change because they said they wanted to feel free to challenge open records cases. Government bodies cannot recoup legal fees from their public challengers if a suit they file is unfounded, noted Martha Ann McConnell, vice president of government relations for Carolinas HealthCare System.

But committee members rejected Clodfelter's proposed change because they said they wanted to protect citizens who had already been wronged by being denied access to files.

The bill also would create a special body, under the wing of the Attorney General's office, which would mediate open records disputes before they enter the courtroom.

The proposed Open Government Unit would advise both government units and record-seekers whether or not a file is open. Proponents say the unit's recommendations would discourage open records lawsuits.

But the measure approved Tuesday includes no startup costs for the body, unlike an earlier draft of the legislation, because lawmakers did not set aside any money in the state budget. Instead, the plan calls for the department to charge a "reasonable fee" for the mediation services.

The bill now heads to the Senate floor.

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