A BILL TO BE ENTITLED
AN ACT to create the open government unit of the department of justice, to appropriate funds for that purpose, and to provide that the successful PLAINTIFF in a public records dispute is entitled to reasonable attorney's fees.
The General Assembly of North Carolina enacts:
SECTION 1.  Chapter 114 of the General Statutes is amended by adding a new Article to read:
"Article 8.
"Open Government Unit.
"§ 114‑51. Open Government Unit.
(a)	To further the goals of government transparency and that public records compiled by agencies of North Carolina government or its subdivisions are the property of the people, there is created within the Department of Justice the Open Government Unit.
(b)	The Open Government Unit shall:
(1)	Develop and implement education and awareness programs designed to educate the public and government agencies of their rights and responsibilities under the public records and open meetings laws;
(2)	Serve as a moderator/mediator in resolving public record and open meeting issues between parties, including adopting procedures and guidelines for assisting in the informal resolution of open government disputes and issuing advisory opinions;
(3)	Assemble and maintain a collection of relevant State laws, opinions, rules, and regulations related to public records and open meetings laws, which shall be made available electronically as a resource;
(4)	Report annually to the General Assembly on its activities generally on the subject of open government as appropriate; and
(5)	Adopt and develop policies and procedures as may be necessary to accomplish these functions."
SECTION 2.(a)  There is appropriated from the General Fund to the Department of Justice the sum of four hundred twelve thousand five hundred twenty‑one dollars ($412,521) for fiscal year 2008‑2009 to establish and fund the Open Government Unit. These funds shall be utilized to support two Attorney III positions, one Attorney II position and one Paralegal II position to carry out the functions of this Unit.
SECTION 2.(b)  During the 2008‑2009 fiscal year the Department of Justice Open Government Unit shall receive and attempt to informally resolve disputes between the public and 430 plus State and local government agencies, along with educating and raising awareness among the public and governmental agency representatives about the rights and responsibilities under the public records and open meetings laws.
SECTION 3.  G.S. 132‑9(c) reads as rewritten:
"(c)	In any action brought pursuant to this section in which a party successfully compels the disclosure of public records, the court shall allow the prevailing party to recover its reasonable attorneys' fees if attributed to those public  Records.Any attorneys' fees assessed against a public agency under this section shall be charged against the operating expenses of the agency; provided, however, that the court may order that all or any portion of any attorneys' fees so assessed be paid personally by any public employee or public official found by the court to have knowingly or intentionally committed, caused, permitted, suborned, or participated in a violation of this Article. No order against any public employee or public official shall issue in any case where the public employee or public official seeks the advice of an attorney and such advice is followed."
SECTION 4.  This act becomes effective July 1, 2008, but Section 3 only applies to actions brought on or after that date.