Don't like maximum transparency? NC lawmakers, send me one email of your choice.

Since North Carolina implemented a new law allowing lawmakers to sell and destroy communications as they see fit, few have responded to public records requests.

I published a story last week that privately received some mixed reviews within the General Assembly: "Transparency to the max: Why one lawmaker handed over to me 142,675 emails.”

In it, I highlighted how last-minute provisions added to the state budget have enabled lawmakers to sell, destroy, disclose and conceal communications as they see fit. The result: Virtually no incentive for lawmakers to be transparent.

After the final budget language was released and without allowance for amendments, I made a public records request of all 170 North Carolina lawmakers to provide communications to the greatest extent under the law (3 years for their email inbox and sent folder and 10 years for subfolders).

Six months later, just six lawmakers provided at least some of their communication— Sen. Graig Meyer, Rep. Marcia Morey, Rep. Wesley Harris, Rep. Mary Belk, Sen. Dan Blue and Rep. Deb Butler. Additionally, over 130 lawmakers refused to respond to a much narrower request from the Raleigh News & Observer.

“As a legislator, it makes me sad because I'm so disappointed in my colleagues for not having principle on this,” Meyer said of the abysmal response rate. “As a citizen, it makes me angry that people are elected to office who won't allow the public to access the records of the business that we elected them to do.”

Following my story on the lack of transparency in the legislature, some have told me they didn’t respond because they believed it was unduly burdensome, would take their staff too much time too process or that I might compromise their constituents’ information. Other lawmakers told me my request merely slipped through the cracks during a busy time for them in the legislature.

So with this in mind, I revised my original request and also made a new one. I sent all but one lawmaker those latest inquiries on Monday.

The revised request: Communications sent to or received by lawmakers between Jan. 1, 2023 (start of session) and Oct. 3, 2023 (date budget was enacted).

And in case that’s too much for folks, I made a separate request for lawmakers to disclose at least one email of their choice that they’ve sent or received since the start of the legislative session, the bare minimum transparency. I set a deadline for them to respond to this request by noon on April 24— the start of the short session.

For Senate leader Phil Berger, the apparent leader of the effort to roll back public records laws, I’ve yet to get a response from his office to a letter I sent on Dec. 5, 2023 with specific search terms and a narrower timeframe.

What’s next?

I’ll have a story early into the short session about the lawmakers who did and didn’t respond and what records were uncovered through the latest records requests.

If lawmakers don’t like a request for three years worth of information, surely one email of their choice shouldn’t be an issue.

Thus far, Republican state Rep. Benton Sawrey and Democratic state Rep. Julie Von Haefen have provided documents in response to my request for at least one communication.