Environmental Board Forms Group to Draft New Bylaws

Summary of the Article:

Headline: Environmental Management Commission Forms Group to Address Public Records Requests Amid Concerns
Key Points:

1. Formation of Working Group:
   • The Environmental Management Commission has established a three-member working group to draft new bylaws on handling public records requests.
   • The group includes Chairman JD Solomon, Charlie Carter, and Michael Ellison.
2. Concerns Raised:
   • Comments by Charlie Carter, an environmental attorney and commission member, during a recent meeting have raised concerns among open government advocates.
   • Carter expressed discomfort with how the commission handles public records requests, suggesting that these should be managed by the commission’s counsel rather than the N.C. Department of Environmental Quality (DEQ).
3. Response from Advocates:
   • Open government advocates, like Kym Meyer from the Southern Environmental Law Center, worry this might be an attempt to circumvent public records law.
   • Meyer emphasized that all state business documents are public records, and commission bylaws cannot override state law.
4. Specific Incident:
   • Carter’s remarks were in response to a public records request from journalist Lisa Sorg regarding PFAS substances.
   • This request coincides with the commission delaying decisions on groundwater and surface water standards for PFAS chemicals due to pressures from business interests and new EPA standards.
5. Public Records Law:
   • North Carolina’s public records law mandates that any document created in the course of state business must be made public.
   • The law encompasses all public officers and officials, including members of boards and commissions.
6. Email Concerns:
   • Commission members currently use private email accounts for state business, which complicates record-keeping.
   • Carter is discussing setting up DEQ email addresses for commissioners to streamline the process.
7. Next Steps:
   • The working group will draft bylaws to ensure compliance with public records law, detailing procedures for handling requests and separating public and private communications.
     Context:
     The Environmental Management Commission, now predominantly appointed by Republican leaders, has seen tension with DEQ, an executive agency under Democratic Governor Roy Cooper. This dynamic has influenced decisions on environmental regulations, particularly concerning PFAS chemicals.
     Authors and Funding:
     The article was written by Adam Wagner, with financial support from the Hartfield Foundation and Green South Foundation, as part of a journalism fellowship program.
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