By Scott Mooneyham
January 26, 2006

RALEIGH -- Over the years, I've always been a little hesitant to write about the public records and open meeting disputes that arise between the press and governmental agencies.

I suspect the public sees many of these fights as turf feuding between entities which it views with equal trepidation. Of course, we in the press see ourselves as shining protectors of the public's right of access to government, its decision-making and the information it holds. Sometimes that's exactly what we are. Sometimes there's a little chest thumping going on.

But two recent episodes in northeastern North Carolina demonstrate why taxpayer-funded, public entities should always act as such and why people shouldn't take for granted access to government and its decisions.

In Edenton, county managers from 16 counties met recently with the executive board of the Northeast Partnership, formed to promote economic development in the region, to discuss the future of partnership president Rick Watson.

The meeting was closed to public, but some county managers questioned the move, noting that Watson isn't a public employee. Since 2004, he has worked on a contract basis with the partnership. As such, he isn't granted protections under the Open Meetings Law, which allows the job status of public employees to be discussed in private.

The county managers, though, say partnership lawyer Ernie Pearson told them that the organization isn't altogether subject to the Open Meetings Law. The partnership -- despite being funded by tax dollars -- is organized both as a public entity and a private corporation. The executive board, it seems, is attached to the private corporation.

So, let's see if I've got this straight: a taxpayer-funded entity saying that it can ignore the Open Meetings Law and hide any of its dealings from those taxpayers. Seems reason enough to outlaw this kind of reorganization.

In Camden County, county officials and a firm called Black Bear Disposal filed a countersuit against the city of Chesapeake, Va., and some citizen groups. Chesapeake and the local activists had sued the county to try to stop a massive, regional landfill.

The basis of the countersuit: Something called the Southeastern Public Service Authority had signed a nondisclosure agreement with Waste Industries, the parent company of Black Bear Disposal. Chesapeake, a member of the Southeastern Public Service Authority, nevertheless disclosed confidential information in public meetings, company officials say.

Local governments in southeastern Virginia formed the authority years ago to manage their garbage. Like the Northeastern Partnership, the authority is financed by taxpayers and was created to further their interest.

Now, I know very little about Virginia's public records law. But I do know that government, in an open, democratic society, shouldn't be entering into secretive agreements with private companies.

When it does, or when it otherwise conducts its business in the shadows, you get bad results.

In these two instances, it's not the press coming to that conclusion. This time, it's local government folks doing the squawking.