North Carolina Public Records Law

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Contents

State sunshine
State laws
How to ask for records
Transparency headlines
Statutory changes
Notable FOIA requests
State sunshine lawsuits
State court cases
E-mail access
Private agency, public dollars
The WikiFOIA portal


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 law was most recently amended in 1995, to say, "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. As used herein, 'minimal cost' shall mean the actual cost of reproducing the public record or public information."[1]

North Carolina's 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%. [2]

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.[3]

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-".[4]

Features of the law

Who may request records?

Anyone may request public records in North Carolina. Public records are open to inspection by "any person".[5]

For requester residency requirements in other states, see the list of who can make public record requests by state.

When must an agency respond?

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."

Open meetings

North Carolina's Open Meetings Law was originally enacted in 1971.

Relevant legal cases

See also


External links

References

  1. North Carolina General Statutes 132‑1. "Public records" defined.
  2. Integrity Index available for download here
  3. Graded state responsiveness to FOI requests, 2007
  4. Freedom of Information in the USA, 2002
  5. N.C. General Statute, 132-6