Records must be open

By The Richmond County Daily Journal Editorial Board
Wednesday, December 19, 2007 9:09 PM EST

Anyone who thinks public servants’ employee records should be kept secret just needs to look west to Charlotte. What’s happening there with its sheriff’s race could happen here in Richmond County or anywhere in North Carolina under current law.



Nick Mackey was elected sheriff by Mecklenburg Democratic Party members. He was voted into office over the acting Sheriff Chipp Bailey. The whole reason for the election is that Democrat Jim Pendergraph left for another position. Mackey was voted to complete the remaining three years of Pendergraph’s term.

Mackey won the race fair and square with around 300 Democrats choosing him over Bailey. It would seem simple enough, but in politics few things are normal. There are racial accusations — Mackey is black and Bailey is white — and there are a lot of questions about the precinct voting system.

Despite questions about Mackey’s service while in law enforcement, he won. Some people may be calling it sour grapes, but it illustrates an important problem in our Open Records Act.

Mackey’s personnel records while a Charlotte-Mecklenburg police sergeant aren’t public. The only person who can make them public is Mackey. He didn’t. So, the Charlotte Observer asked a judge to open the file.


The newspaper reported a judge concluded the file could be helpful, but it didn’t meet the “administration of justice” standard in the law.

It’s sad the law prevented access to Mackey’s records. His opponent Bailey released his records.

Voters should be able to review a candidate’s public service records. In this case, both candidates were vying for the position of sheriff. Their law enforcement work record is very relevant to voters. His work performance speaks to his ability to perform the duties of sheriff.

During a recent statement, Mackey again reiterated he would not release his personnel records.

“For those who still demand that I release my personnel files to the public, I simply say that I believe strongly that there are important distinctions between personal, confidential matters and public matters,” Mackey said.

“I continue to believe the principle that one who seeks or serves in public office should not be required to make public what is private in the absence of compelling reasons to do otherwise.”

Mackey continued to say that media or public curiosity didn’t rise to that level.

Mackey may not want to step up and put everything on the table, but state lawmakers should see this as a shining example of why public employee’s personnel records should be public.

Whether it’s a school teacher or a law enforcement officer seeking public office, the public has a right to know about the work performance and any investigations or reprimands which may appear in the personnel file.

Mackey seems to be of the mindset that it is best swept under the rug and out of the daylight. North Carolina’s real leaders need to step up and prove that all business — including personnel records can be out in the open.