Civitas Considering Legal Action Over Unanswered Records Requests | Eastern North Carolina Now

Publisher's note: This post, by Brooke Medina, was originally published in Civitas's online edition.

    RALEIGH, N.C. — The Civitas Institute, a public policy think tank based in Raleigh, is considering legal action, through the General Court of Justice, against 38 members of the state House of Representatives. On September 13, 2019, public records requests were sent to 38 legislators. The requests were related to the legislative redistricting meeting held on the morning of September 11, 2019, referred to by state Rep. Deb Butler (D-New Hanover) on the House floor.

    As Civitas policy analyst, Leah Byers, has reported, "While railing on the Speaker for calling the vote, [Representative Butler] says, 'We're downstairs right now trying to redraw partisan-heavy maps.' (Found at the 13-minute mark on this audio from ncleg.gov)."

    The records requests, sent by Civitas's policy director, Bob Luebke, included "copies of calendars or legislative schedules; as well as documents - paper or electronic - and all other relevant documents made or received in connection with the scheduling of legislative or public business on September 11, 2019."

    "Any reasonable person will tell you that 21 weeks and five days is more than ample time to be able to take a screenshot of a calendar, and possibly print notes from a meeting," said Civitas President Donald Bryson. "At best, 38 legislators are refusing to comply with state law, and at worst they are conspiring to coverup a redistricting meeting that occurred out of the public eye and against court orders."

    Per a court ruling in Common Cause v. Lewis, "Legislative Defendants and their agents shall conduct the entire remedial process in full public view. At a minimum, this requires all map drawing to occur at public hearings, with any relevant computer screen visible to legislators and public observers. Legislative Defendants and their agents shall not undertake any steps to draw or revise the new districts outside of public view."

    Civitas has received no response from the records requests. House Minority Leader Darren Jackson (D-Wake) emailed that he was at his law office on the morning of September 11, but this email is not responsive to the records request.

    The Civitas Institute is consulting with its attorneys on the next steps for legal action.

    Background

    The North Carolina General Statutes are clear that the documents requested are public records, and to whom the records belong.
    § 132-1. "Public records" defined

    State law provides further clarity on how public records can be legally compelled through the General Court of Justice.
    § 132-9. Access to records.

    September 30, 2019 - Civitas Institute
    Democratic legislators mum; whereabouts on 9/11/19 remain unanswered

    Founded in 2005, the Civitas Institute is a Raleigh, NC-based, 501(c)(3) nonprofit policy organization that fights to remove barriers to freedom so that all North Carolinians can enjoy a better life.
Go Back


Leave a Guest Comment

Your Name or Alias
Your Email Address ( your email address will not be published)
Enter Your Comment ( no code or urls allowed, text only please )




Saving for the Retirement of Teachers and State Employees Civitas Institute, Editorials, Op-Ed & Politics The Nice Hillary? Klobuchar Surprises in New Hampshire


HbAD0

Latest Op-Ed & Politics

Pope Francis lambasted leftist gender ideology during an address this week, warning that it presented an extreme danger to mankind.
amnesty would just encourage more illegal aliens to storm our borders
The Christmas candy was barely off the shelves when the Valentine’s candy appeared. Red and pink hearts with caramel and nut-filled chocolate goodness caught our eye. We are reminded of how we love love. Young love, especially.
far left sugar daddy has also funded anti-Israel groups and politicians in US
Be careful what you wish for, you may get it
America needs to wake up and get its priorities right
Former President Donald Trump suggested this week that if he becomes president again, he might allow Prince Harry to be deported.
It's a New Year, which means it's time to make resolutions — even for prominent evangelical leaders. The Babylon Bee asked the following well-known figures in the faith what they hope to accomplish in 2024:

HbAD1

Vice President Kamala Harris will visit a Minnesota Planned Parenthood clinic, reportedly the first time a president or vice president has visited an abortion facility.
An eight-mile stretch of the Blue Ridge Parkway near Asheville has been temporarily closed due to a string of “human and bear interactions,” the National Parks Service announced.
University of Wisconsin tried to punish conservatives for the fact that liberals regularly commit crimes to silence opposition
most voters think EU officials not doing a good job on illegal immigration
Come from behind by GOP candidate is a blueprint to 2024
Biden spending and energy policies to blame
Tuberculosis carried by illegal invaders has already infected Texas cattle
Sen. Ted Cruz (R-TX) said this week that the only campaign promise President Joe Biden has delivered on as president is the complete dismantling of the U.S. southern border.

HbAD2

 
Back to Top