Will NC's Public Records Law be an issue in Cary this year?

[dhyatt]

In light of some of the information that's slowly coming out, it seems like Cary's attention to NC's Public Records statute (found here -> NC Statute on Public Records (http://www.ncga.state.nc.us/enactedlegislation/statutes/html/bychapter/chapter_132.html)) has been somewhat lacking. If this found to be true, who should be held accountable? Certain staff members directly involved? Elected officials that were involved/notified but chose to ignore the problem? All of the above?

[Brent]

I suppose it should be anyone who subscribes to Cary's Mission Statement at http://www.townofcary.org/depts/missionandvalues.htm

of which I have excerpted some relevant points:

5. The Town will make and support good, sound public policy and uphold the values of the democratic process.

6. In the Town of Cary all citizens and employees will be treated with dignity, respect and fairness.

...

9. The Town values access to the public decision-making process by the citizens of Cary. Decisions made by the Town will be honest, ethical, and fair.

[Wuptdo]

Good points by all.

My 2 cents - I believe the Council has both a legal & moral responsibility to see that TOC employees follow the law. The best course of action at this point is to make the Town Manager aware of what is going on, and that, he take immediate action. If the TM won't take action, fire him under the "failed to do as order" clause (the City of Roxboro fired their TM a few months ago under this clause). Then have the "assistant TM" take over for awhile and let them "clean house."

It's time for the dog to bite the tail.

Wuptdo 8O

[Cathy]

To believe that the Town Manager was unaware of the way this was handled would be very hard for me.

I don't think that this kind of behavior is an isolated case, but I do think that this was one case where it was viewed as 'not likely to raise any suspicion from anyone who mattered'. (like Cary VOTERS)

Since this attempt to formulate an annexation policy was mainly driven by the involuntary version, (because there really isn't much of a problem with how the voluntary annexation policy is carried out) and it was mainly all about how to deal with those people who aren't currently a part of the Town, (read: NON-VOTERS) this made it all the more tempting to be clandestine and obstructionist in how they went about it.

This just verifies to me that there is a real need to pass some of the Bills that have been introduced to the Legislature this session.

There are SIX Bills introduced to reform NC Annexation policy either directly or indirectly.
http://www.stopncannexation.com/Legislation2005.htm

Two of these are especially interesting because they would give any citizen taken into a municipal ETJ the right to vote in Council elections. Not all city elections_ just the Council elections.

That's an idea that looks like it's more than needed because of things like this. And it seems the one fair way to ensure a little respect for those in the ETJ.

[Rono]

If it is necessary to take court action to get records the following is excerpts from the statures. The bold is added by me


2) The court finds that there are no special circumstances that would make the award of attorneys' fees unjust.

Any attorneys' fees assessed against a public agency under this section shall be charged against the operating expenses of the agency; provided, however, that the court may order that all or any portion of any attorneys' fees so assessed be paid personally by any public employee or public official found by the court to have knowingly or intentionally committed, caused, permitted, suborned, or participated in a violation of this Article. No order against any public employee or public official shall issue in any case where the public employee or public official seeks the advice of an attorney and such advice is followed.
(d) If the court determines that an action brought pursuant to this section was filed in bad faith or was frivolous, the court may, in its discretion, assess a reasonable attorney's fee against the person or persons instituting the action and award it to the public agency as part of the costs.

Rono

[washere]

Depends...

For me the question isn't what happened before, but what happens now.

If someone quickly takes responsibility, admits their mistake, and promises to work against this in the future (and follows through), that's okay by me. For me, it's much more important that from here on out they make good faith efforts to give all documents asked for than that they give everything on the first try.

Things may have been accidentally overlooked, etc. That doesn't bother me. We're all human. As long as they give up the information promptly when asked specifically, I don't have a problem.

On the tape thing, I'm really holding out hope that there was a misunderstanding about whether or not they actually had to provide it to Ron.

I guess the feeling I can't escape, is that it was the responsibility of the public information officer and the town attorney to make sure they followed the law to the letter, and they so BLATANTLY broke it. In fact, it really looks like the knew they were breaking it. I'm holding out hope that this was a misunderstanding, I really, really am.

As far as elected officials and knowing about this and trying to conceal information about decisions regarding public policy, I've said it before and I'll say it again: God bless Mike Joyce. At least when he votes, you know why he's voting.

It really saddens me that we have to guess who manuevered what voting-wise. ie, when people vote on bridge aesthetics, I want to know that they're voting their concience, not because they traded for a vote on something else.

I know that vote trading happens. Heck, maybe it even benefits me. Trading votes could get a result I want on another issue. But doggone it, if that's what going on, I'd like to know about it.

In an elected official, I'm looking for a firm understanding of right versus wrong. I want to see ethics, morality, and a keen desire to do right by the citizens who put them there. THAT'S how the public records issue will affect my choice.