Saving Democracy by Inspecting Documents

Democracy: a government of the people, for the people and BY THE PEOPLE. When the people neglect their responsibility the government becomes tyrannical. In order to really know what the government is doing you have the right to inspect the records. At the federal level that is known as the Freedom of Information Act. In North Carolina it is simply North Carolina General Statue 132.6. In 132.6 there is a unique phrase, “as promptly as possible,” which everyone agrees means on that same day as long as the request is made at a reasonable time.

This law applies to every department or agency in the county.

 “§ 132‑6. Inspection, examination and copies of public records. (a) Every custodian of public records shall permit any record in the custodian's custody to be inspected and examined at reasonable times and under reasonable supervision by any person, and shall, as promptly as possible, furnish copies thereof upon payment of any fees as may be prescribed by law. “ (more)

 Historically, Madison County has routinely violated this part of the law making the process as difficult as possible, probably not for their convenience but at least to discourage the practice or possibly to alter the documents before making them available. Additionally, they attempt to harass the person requesting the information by insisting you fill out a form, or at least identify yourself. YOU DO NOT have to do either. ( 132.6 (b) No person requesting to inspect and examine public records, or to obtain copies thereof, shall be required to disclose the purpose or motive for the request.”

 When they refuse to comply with the law there is another law exists to discourage that practice, General Statue 132.9. 

 “§ 132-9.  Access to records.

(a)      Any person who is denied access to public records for purposes of inspection and examination, or who is denied copies of public records, may apply to the appropriate division of the General Court of Justice for an order compelling disclosure or copying, and the court shall have jurisdiction to issue such orders if the person has complied with G.S. 7A-38.3E.”

 While there are some reasonable limitations,  (obvious in the law) every department of any town or county, including the schools, law enforcement, extensions service, building inspector etc. come under these laws. It is there, in those documents, where you will discover what is really happening.

 If you request documents be polite, but know your rights and insist they be respected.