I'm constantly schoolin' a couple of agencies on the law. One of these agencies (which I will not name ... not that it's hard to figure out if you know me and what I cover) actually
enforces the law.
Put aside the facts that this county I cover doesn't have very large cities nor a majority of highly educated people and that these agencies are used to dealing with reporters that don't push them. This is actually a great training ground for a young journalist, and I love the challenge of getting the public officials or record keepers to take a look at N.C. Public Records Law and debating whether they have control over our information.
This happens quite often. The usual situation is that I need public records, make a request and then wait for the documents and records. What should take a few minutes to retrieve... since the records are already in the system, right?, usually turns into a days-long debate about whether I can have these records. Oh, I know, every reporter is used to this. But no matter how many times I prove my case, it never fails that the agencies in question stick to their old excuses. So we go back to the debate table, pull open the law books and have at it ... again.
The scene sounds a little like this:
Record holder: "You cannot have the incident report, arrest report or 911 recordings of the homicide because it's part of an investigation."
Reporter (Me): "Well, sir, the public records law says a criminal investigation does not affect the standing of a public record. That is, unless, there's a court order sealing these records."
Record holder: "Well I still have to check with XXX to get that agency's approval to give you the records."
Me: "You don't need their approval."
Record Holder: "Well I don't want to do anything that will jeopardize their investigation."
Me: "Well then they should have obtained a court order preventing me from getting these records."
Record Holder: "Ummm"
Silence. Wait. Talk to upset agency officials. Get records. Answer angry phone calls. New event happens. Repeat scene.
Yeah, so I'm sick of it. And yes, my editor and I have sat down with officials to discuss openness and access to information. (Forgot to mention they still black out public information on the public documents).
My next step is to ask everyone to come to the table with legal representatives. The directors of these agencies, the record holders, their lawyers, me, my editor, our executive and managing editors and either our attorney or our press association's counsel will all come together to flesh out our problems, discuss the law and outline ways to make sure we don't have these sorts of issues in the future. Maybe we'll do a little process mapping.
I'm looking forward to setting this up, and I'll definitely blog the results.