North Carolina Public Records Law
From Sunshine Review
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The North Carolina Public Records Law is designed to guarantee that the public has access to public records of governmental bodies in North Carolina. The first statute dealing with public documents in the state was passed in 1935. This law focused on the duty of government officials to preserve public records carefully.
The North Carolina Open Meetings Law legislates by which methods public meetings are conducted.
To learn more about how to make a public records request in this state, please see: North Carolina FOIA procedures
[edit] Recent news
[edit] Transparency blocking
- Public Records in North Carolina
- What's the true price of public records?
- Complaint lodged at county manager
More transparency blocking news from across the country.
[edit] Litigation
- New Hanover county, Star-News go to court over county layoff records
- Oak Island public records suit goes to trial in June
- N&O lawyers press attorney general on court records
More FOIA litigation news from across the country.
[edit] Legislation
- North Carolina public records bill advances
- Bill would require attorneys fees after public record lawsuit wins
- N.C. bill would award legal fees in records lawsuits
More FOIA legislation news from across the country.
[edit] Sunshine Guardians
Other Sunshine Guardians from across the country.
[edit] Relevant legal cases
- See also: Court cases with an impact on state FOIA
Here is a list of lawsuits in North Carolina. For more information go the page or go to North Carolina sunshine lawsuits.
(The cases are listed alphabetically. To order them by year please click the icon to the right of the Year heading)
[edit] Transparency report card
A 2008 study, BGA - Alper Integrity Index, conducted by the Better Government Association and sponsored by Alper Services, ranked North Carolina #23 in the nation with an overall percentage of 52.40%. [1]
A 2007 study, Graded state responsiveness to FOI requests, conducted by BGA and the NFOIC, gave North Carolina 34 points out of a possible 100, a letter grade of "F", and a ranking of 40 out of the 50 states.[2]
A 2002 study, Freedom of Information in the USA, conducted by IRE and BGA, ranked North Carolina's law as the 43rd worst in the country, giving it a letter grade of "D-".[3]
[edit] Purpose of the law
The North Carolina's statement of purpose indicates, "The public records and public information compiled by the agencies of North Carolina government or its subdivisions are the property of the people. Therefore, it is the policy of this State that the people may obtain copies of their public records and public information free or at minimal cost unless otherwise specifically provided by law."[4]
[edit] Features of the law
[edit] What records are covered?
Records include all documents, no matter the physical form, "made or received pursuant to law or ordinance in connection with the transaction of public business by any agency". [5]
Notable exceptions include but are not limited to:
- Attorney-client privilege
- Tax records
- Billing information for any services owned by local governments
- Address confidentiality program[6]
- controlled substances reporting
- Admissions information for state universities
- Trade secrets
- Account numbers and signatures[7]
- Telecommunications security
- Law enforcement investigations [8]
- 9-1-1 system information [9]
- Emergency response plan [10]
- Security information [11]
- Autopsy photos [12]
- Trial preparation materials [13]
- Personal information including social security numbers [14]
- Economic developments and incentives planning records[15]
- Personal records of minors registered in any Parks and Recreation department [16]
North Carolina law also requires departments to separate exempt and non-exempt material when found in the same source, and release the non-exempt material upon request. [17]
[edit] What agencies are covered?
Agencies include all branches and divisions of government at both the state and local level.
[edit] Who may request records?
Anyone may request public records in North Carolina. Public records are open to inspection by "any person".[18]
[edit] Must a purpose be stated?
North Carolina law explicitly states that no individual making a request for records will be required to state a purpose. [19]
[edit] How can records be used?
There are no restrictions placed on the use of records.
[edit] Time allowed for response
- See also: Request response times by state.
North Carolina is one of seventeen states that sets no absolute deadline for government agencies to fulfill FOIA requests. Section § 132-6 of the NCGS states that a custodian of public records shall make them available "at reasonable times and under reasonable supervision by any person, and shall, as promptly as possible, furnish copies thereof upon payment of any fees as may be prescribed by law."
[edit] Fees for records
North Carolina establishes two different types of records with two different fees. For un-certified copies, the department may charge only the actual cost of duplication not including the labor involved. However, if the search is expansive and requires a great deal of staff time, an additional special fee may be charged. The law indicates that fees for certified copies will be as indicated by law but does not indicate what law. [20]
[edit] Open meetings
North Carolina's Open Meetings Law was originally enacted in 1971.
[edit] Reform proposals
- In July 2009, the North Carolina House of Representatives Finance Committee approved a bill that would reduce a judge's discretion to deny attorney fees to people or media outlets when they win a lawsuit against a local or state government agency in North Carolina that has illegally refused to provide requested records. The proposed legislation would also create a unit in the state attorney's general office to deal with complaints about government agencies failing to provide documents.[21]
- An "Automatic Recovery Bill" that would make it mandatory for public agencies to pay the attorney fees of anyone who requests records, is denied, and then files a successful lawsuit to compel disclosure was passed unanimously in 2008 by the North Carolina state senate. The bill was then blocked by Joe Hackney, the Speaker of the North Carolina House of Representatives.[22]
[edit] Notable requests
[edit] See also
- North Carolina FOIA procedures
- North Carolina transparency headlines
- North Carolina transparency advocates
- North Carolina transparency legislation
- North Carolina Open Meetings Law
[edit] External links
- North Carolina General Statutes Chapter 132: Public Records
- Open Government Guide to North Carolina
- North Carolina on WikiFOIA
[edit] References
- ↑ Integrity Index available for download here
- ↑ Graded state responsiveness to FOI requests, 2007
- ↑ Freedom of Information in the USA, 2002
- ↑ North Carolina Law 132-1
- ↑ North Carolina Law 132-1
- ↑ North Carolina Statute 132-1.1
- ↑ North Carolina Statute 132-1.2
- ↑ North Carolina Statute 132-1.4
- ↑ North Carolina Statute 132-1.5
- ↑ North Carolina Statute 132-1.6
- ↑ North Carolina Statute 132-1.7
- ↑ North Carolina Statute 132-1.8
- ↑ North Carolina Statute 132-1.9
- ↑ North Carolina Statute 132-1.10
- ↑ North Carolina Statute 132-1.11
- ↑ North Carolina Statute 132-1.12
- ↑ North Carolina Statute 132-6
- ↑ N.C. General Statute, 132-6
- ↑ North Carolina Statute 132-6
- ↑ North Carolina Statute 132-6.2
- ↑ Salisbury Post, "Panel approves penalty for open records violation", July 8, 2009
- ↑ Blue Ridge Now, "Open records a free, easy fix", February 10, 2009
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