Folwell criticizes fellow Republicans on public records rollback

State Treasurer Dale Folwell rebuked lawmakers in his own party Tuesday, saying a new law that shields legislators' records from the public "reduces confidence in all levels of government."

“In so many ways, our society is at a crossroads, trying to decide whether to unite or divide,” said Folwell, a Republican who is running for governor. “Answering the why’s and how's legislation is written is becoming even more important than ever.”

The new state budget — which was unveiled and passed within 48 hours last month — has a provision that exempts General Assembly members from the state’s open records act, saying lawmakers get to decide which records in their offices are public and which can be destroyed, or sold. During a monthly conference call with reporters, Folwell, a former member of the North Carolina House of Representatives, said the change “prevents the public from learning who and what influence certain decision making on their behalf.”

Top Republican budget negotiators said the new law simply clarifies a vague section of state law, codifying what has been common practice on open records requests. Speaker of the House Tim Moore said Tuesday that the new language was suggested by legislative staff.

“I’m surprised how much pushback there was,” said Moore, R-Cleveland. “We didn’t think there was any controversy.”

Because state law has long included a legislative privilege that protects some documents from release, the extent to which lawmakers have been subject to the open records act has been murky. Draft bills that haven’t been filed, for example, were exempted, as was much of a lawmaker’s back-and-forth with legislative staff.

But in passing the new language, lawmakers have exempted themselves from any requirement to release any documents. They also deleted from state law language that specifically said documents produced during redistricting — the process of drawing new election maps — became public records once those maps became law.

The General Assembly is redistricting now, with members of the Republican majority meeting behind closed doors to draw maps for the state House and Senate, as well as North Carolina’s congressional districts. Documents related to that process may be accessible to attorneys involved in the almost-guaranteed lawsuit that will follow that map-making process, but the law no longer requires their release to the public.

Republican lawmakers said Tuesday that they weren’t aware of Folwell’s criticism of their public records laws changes, so they didn’t have an immediate response. Asked whether legislative leaders would consider changing the law, Moore said “we’ll talk about it,” but indicated he didn’t see a reason to. “I’d say let’s just see how it goes and see if there’s any issues,” he said.

WRAL News on Monday sought comments from 18 key members of legislative leadership on how they plan to respond to open records requests under the new law. Most didn’t respond, though several answered questions in person during breaks in Tuesday’s legislative session.

Moore said he expects to continue releasing documents. House Majority Leader John Bell, R-Wayne, said his office will continue to be transparent.

Asked whether that means he’ll release text messages he exchanges about the legislative process, Bell said he’ll have to discuss that with his staff. “We’ve always been open and transparent,” Bell said. “I’d have to look and see what’s acceptable and unacceptable.”

Senate Democratic Leader Dan Blue said on social media last week that his office would “continue to comply with the ‘spirit’ of public records laws and provide transparency to the press and public, regardless of the new laws.”

At least some legislative Democrats seem to be following suit.

“I continue to consider my records public and would respond accordingly,” Sen. Julie Mayfield, D-Buncombe, said in response to WRAL News questions on the issue.

Folwell, who won an award from the N.C. Open Government Coalition last year for providing access to public records, acknowledged Tuesday that there’s not much he can do to convince lawmakers to revisit the law. He pledged that his office will continue to embrace transparency.

“I don't need a law to tell me what's right and what's wrong,” he said.

WRAL State Government Editor Jack Hagel contributed to this report.