When scrutiny of government shifts to the questioner

EDITORIAL: Francisco Salmeron is publisher of Camden Tribune and a candidate for the Camden County Board of Commissioners. This editorial addresses general principles of open government and public accountability. It is not published on behalf of the campaign.

When a resident asks government about public business, government should address the question or manage the request, not make the resident the subject of the inquiry.

Public-records requests can consume government time and resources. That administrative burden is real. So is the public's right to seek information about public business.

Those two principles can coexist.

North Carolina law provides public agencies with practical ways to manage records requests. Agencies may need clarification. Broad requests may take time to process. Certain information may be confidential or otherwise exempt from disclosure. And in qualifying circumstances involving extensive use of information-technology resources or extensive clerical or supervisory assistance, the law permits a reasonable special-service charge.

Those are legitimate administrative and legal considerations.

But the relationship between a resident and government should remain clear: the question is about public business.

North Carolina's Public Records Act reflects that distinction. General Statute 132-1 states that public records and public information compiled by government agencies are the property of the people. General Statute 132-6(b) provides that a person requesting public records cannot be required to disclose the purpose or motive for the request.

That does not mean government must answer every question posed in an interview, create records that do not exist, or immediately satisfy every request exactly as submitted. Public-records law governs access to records; it does not compel public officials to participate in voluntary interviews.

But when a resident exercises the right to seek public records, administrative burden should be handled administratively.

Clarify the request. Narrow it when appropriate. Explain what can be produced. Identify an applicable exemption when records cannot legally be disclosed. Explain the timetable. State a lawful charge when one applies.

Keep the citizen's right to ask separate from opinions about the citizen himself.

Why does that matter?

Because most residents approaching local government do not have attorneys, newspapers, or public platforms behind them.

They may be homeowners trying to understand a zoning decision. Parents asking about schools. Business owners seeking information about a county decision. Taxpayers examining a budget. Property owners requesting documents affecting their land. Residents trying to understand why a project changed, why costs increased, or why a vote was taken.

They should not need special status, political influence, or government approval before seeking public information.

They also should not have to wonder whether asking another legitimate question will somehow make them the issue.

If an answer raises another question, residents should ask it. If a public document creates uncertainty, they should seek clarification. If a project changes, a deadline passes, or public money is spent differently than expected, residents should be able to ask what happened and seek the records that document it.

That is not hostility toward government. It is citizenship.

The responsibility is reciprocal.

Residents should be respectful. Records requests should be as specific as reasonably possible. Public employees deserve civility, and government agencies must continue performing their other responsibilities while responding to public inquiries.

But inconvenience is not the same as impropriety. Persistent questioning is not automatically hostility. Disagreement with government does not make a legitimate records request illegitimate.

The same standard should apply to everyone: supporter or critic, journalist or business owner, candidate or private citizen, longtime meeting attendee or resident asking a question for the first time.

Camden residents should ask questions before major votes. Ask what a contract requires after it is approved. Ask what changed when a budget changes. Ask why a project is behind schedule. Ask for the underlying public records when an answer needs documentation.

And when one answer reasonably produces another question, ask that question too.

The citizen is asking government to account for public business. The citizen should not first have to account for himself.

Government should not fear questions. Residents should not fear asking them.

RESOURCES: Residents with questions about North Carolina's public-records or open-meetings laws can contact the North Carolina Department of Justice Open Government Unit at [email protected] or (919) 716-6938.

SOURCES: North Carolina General Statute 132-1; North Carolina General Statute 132-6; North Carolina General Statute 132-6.2; and the North Carolina Department of Justice Open Government Unit.