news-record.com

The N.C. Supreme Court forcefully backed the state's Public Records Act in an important case in June.

The unanimous decision gave a big victory to the State Employees Association of North Carolina (SEANC), which had to fight hard for its rights, but also to everyone else who wants to keep an eye on government agencies.

SEANC has every reason to watch the N.C. Department of State Treasurer. The treasurer manages the retirement accounts of public employees.

The association wouldn't see much, however, without the Public Records Act, which essentially say that information held by public agencies belongs to the people unless specific exceptions are made.

After a March 2007 article in Forbes magazine, "Pensions, Pols, Payola," raised questions about then-Treasurer Richard Moore's relationships with financial firm executives who contributed to his political campaigns, SEANC asked Moore's office for information about investment managers, investment reports and other documents. Under the circumstances, the association had a right to worry about the integrity of investments potentially affecting the retirement incomes of its members.

The association alleged that the treasurer's office didn't fully comply with the request, setting off months of contention about documents provided and withheld. Finally, in February 2008, the association went to court, but its complaint was dismissed in Wake County Superior Court. Last year, the Court of Appeals affirmed the dismissal in a divided opinion. The association was forced to appeal again, this time to the Supreme Court. The case was heard in March.

The seven Supreme Court justices were unanimous in their decision, which was issued June 17, a very fast turnaround: The association's complaint was valid and the trial court should have reviewed the association's request rather than accept the treasurer's claim that it had supplied all public records.

The state agency "has the burden of compliance, subject to judicial oversight," the opinion written by Justice Ed Brady said. "Otherwise, the state agency would be permitted to police its own compliance with the Public Records Act," which would not ensure that "public records and information remain the property of the people of North Carolina."

The decision sends an unmistakable message to all state and local government agencies and officials that they are expected to release records unless a court says they don't have to. The burden of proof doesn't lie with the people, to whom these records belong, but to those who hold them in custody for the benefit of the people.

Two lower courts made the wrong call in this case, which doesn't build confidence in their judgment or commitment to open records, but the swift reversal by a unanimous Supreme Court assures North Carolinians that the state's final judicial authority supports their right to keep an eye on government agencies.