Be as specific as your knowledge of the available records will allow. § 132-1.14. NC law defines a public record as "all documents, papers, letters, maps, books, photographs, films, sound recordings, magnetic or other tapes, electronic data-processing records, artifacts, or other documentary material, regardless of physical form or characteristics, made or received pursuant to law or ordinance in connection with the transaction of public business by any agency of North Carolina … Under the North Carolina Public Records Law, G.S. § 132-6.2(c). Email can be a public record, if it is made or received by a state employee in connection with State business. The North Carolina Public Records Law is designed to guarantee that the public has access to public records of governmental bodies in North Carolina. Law enforcement agency recordings. [19], Agencies include all branches and divisions of government at both the state and local level.[20]. Email and the Public Records Law. The court records statute requires that all records be open to public inspection, except as prohibited by law. "[5], The law's statement of purpose reads, "The public records and public information compiled by the agencies of North Carolina government or its subdivisions are the property of the people. § 132-1.15: Reserved for future codification purposes. The North Carolina Open Meetings Law legislates the methods by which public meetings are conducted. § 132-11. The law explicitly states that public records are open to inspection by "any person. § 132-8. § 132-1.4. § 132-1.4A. Federal courts | 132-1.15 through G.S. § 132-1.21: Reserved for future codification purposes. Back in 1935, the North Carolina Public Records Law was passed by State Legislature. Speakers Bureau The Speakers Bureau is a free, public service provided by the judicial community of North Carolina. Destruction of records regulated. Largest counties | Assistance by and to Department of Natural and Cultural Resources. Campaign finance requirements, Who represents me? The definition of public body presumably includes public universities within the state. Public education | Private agency, public dollars-North Carolina, List of who can make public record requests by state, States Failing FOI Responsiveness, National Freedom of Information Coalition, October 2007, https://ballotpedia.org/wiki/index.php?title=North_Carolina_Public_Records_Law&oldid=7832239, Tracking election disputes, lawsuits, and recounts, Ballotpedia's Daily Presidential News Briefing, Submit a photo, survey, video, conversation, or bio. Settlements made by or on behalf of public agencies, public officials, or public employees; public records. See chapter 132, section 1 (b) of the North Carolina General Statute, (N.C. Gen. Court of Appeals | Voting in North Carolina | 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%. G.S. Click here to contact us for media inquiries, and please donate here to support our continued expansion. G.S. The law applies this requirement to every public office, officer, official, and … North Carolina public agencies are required to provide access to records under the state Public Records Act (Chapter 132 of the North Carolina General Statutes). Financial regulation | General statute 132 sets out the requirements for the record request process and is the main public records statute. This document is intended to offer guidance to government employees about the management and retention of metadata under North Carolina’s public records laws and state and federal discovery rules for civil litigation. North Carolina's Open Meetings Law was originally enacted in 1971. if(document.getElementsByClassName("reference").length==0) if(document.getElementById('Footnotes')!==null) document.getElementById('Footnotes').parentNode.style.display = 'none'; North Carolina elections in 2020 | The first statute dealing with public documents in the state was passed in 1935. § 132-1.1. Provisions for copies of public records; fees. Electronic lists of subscribers open for inspection but not available for copying. Healthcare | Please read the caveats for more information. Settlements made by or on behalf of public agencies, public officials, or public employees; public records. State executives | 132-1.3A. Metadata as a Public Record in North Carolina: Best Practices Guidelines for Its Retention and Disposition. Permanent public records that transfer to the State Archives from creating offices are available for research, unless they are considered confidential due to state or federal law or sealed by a court order. Here is a list of relevant lawsuits in North Carolina (cases are listed alphabetically; to order them by year, please click the icon to the right of the "year" heading). Under the North Carolina public records law, government records are subject to public access unless an exception says they’re not. § 132-1.17: Reserved for future codification purposes. (a) Records of criminal investigations conducted by public law enforcement agencies, records of criminal intelligence information compiled by public law enforcement agencies, and records of investigations conducted by the North Carolina Innocence Inquiry Commission, are not public records as defined by G.S. 132-1.22: Reserved for future codification purposes. § 7A-109(a). Search the General Statutes. [3], 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. GS 132-1. This Ballotpedia article is in need of updates. School districts in North Carolina | If anyone is charged a fee that the requester believes is excessive, the requester may ask the information resource Management Commission to mediate the dispute. Posted on May 22, 2013 by Jeff Welty [], , , ... North Carolina Criminal Law at the School of Government with the University of North Carolina at Chapel Hill. Non-Standing, Interim and Study Committees. 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. Additionally, information can be exempt from a record request. North Carolina is one of 17 states that sets no absolute deadline for government agencies to fulfill FOIA requests. Superior Courts | Use this page to navigate to all sections within Chapter 132. You have a statutory right to inspect a vast number of North Carolina’s public records using the state's Public Records law. | § 132-4. § 132-1.12. § 132-8.2. What's on my ballot? North Carolina’s Public Records Law holds that records produced by a law enforcement agency, government agency, or affiliate of a government agency, will be … Wills and Estates View the Wills and Estates Help Topic. ; surveys. Anyone may request public records in North Carolina. Confidentiality of photographs and video or audio recordings made pursuant to autopsy. North Carolina law provides a right of access to all court records, both civil and criminal, in both the general public records law, N.C. Gen. Stat. § 132-10. "[6], 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."[7]. The latest amendments to this law came in 2005, with the This law focused on the duty of … Coats v. Sampson County Memorial Hospital, Inc. established that the North Carolina Public Records Law applies to all private entities that perform governmental functions. (b) The public records and public information compiled by the agencies of North Carolina government or its subdivisions are the property of the people. Ballot measure laws | Limited access to identifying information of minors participating in local government parks and recreation programs and programs funded by the North Carolina Partnership for Children, Inc., or a local partnership in other localities. Disposition of records at end of official's term. 1 Please email us if you would like to suggest a revision. It expands the coverage of the first edition and its cumulative supplement and also includes developments in the law since 2004. Limited access to identifying information of minors participating in local government programs and programs funded by the North Carolina Partnership for Children, Inc., or a local partnership in certain localities. This is a template form for requesting public records in North Carolina. Campaign finance requirements | Information Governance. § 132-1.3. 2020 legislative session | G.S. § 132-3. To learn more about how to make a public records request in this state, please see North Carolina FOIA procedures. North Carolina’s public records law provides a broad right of access to records of public agencies. Inspection, examination and copies of public records. State constitution, Courts in North Carolina | This book reviews and explains the principal public records statutes applicable to records held by North Carolina local governments and examines the public’s right of access to those records. For un-certified copies, the department may charge only the actual cost of duplication not including the labor involved. § 132-1.11A. 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, Billing information for any services owned by local governments, Admissions information for state universities, Personal information including social security numbers, Economic developments and incentives planning records, Personal records of minors registered in any Parks and Recreation department. G.S. § 132-1.4. § 132-8.1. 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. § 132-1.7. House of Representatives | Criminal investigations; intelligence information records; Innocence Inquiry Commission records. Energy | The act states that any information collected by the government that may be of use to the public must be made public, with the exemption of any information that is considered a breach of safety or privacy. Ballot access for parties | North Carolina is one of seventeen states that sets no absolute deadline for government agencies to fulfill FOIA requests. For more information, view About North Carolina public records law or NCAOC public records policies and procedures. Any citizen is permitted to submit a request to North Carolina. State Senate | Sensitive public security information. Electronic data-processing and computer databases as public records. The State Archives of North Carolina documents the state’s rich history by collecting and providing access to public records of statewide historical value. If you would like to help our coverage grow, consider donating to Ballotpedia. If the court rules that access was denied improperly, it will order the agency to disclose the records. Environment | Confidential communications by legal counsel to public board or agency; State tax information; public enterprise billing information; Address Confidentiality Program information. This includes state prison inmates, probationers, and parolees. 132-1.4. Personally identifiable information of public utility customers. | Local measures | Under the North Carolina Public Records law, records of government are presumed to be public records unless otherwise protected. Alarm registration information. North Carolina’s Public Records and Open Meetings laws ensure that the public can know what government officials and entities do. § 132-1.3. The first statute dealing with public documents in the state was passed in 1935. Redistricting, List of North Carolina ballot measures | Visit or take a virtual tour of the new exhibit celebrating the Supreme Court at the North Carolina Museum of History through September 2020. The North Carolina Public Records Law requires that government agencies preserve public records regardless of physical form, including the digital records created through social media. § 132-1.20: Reserved for future codification purposes. We actively prosecute officials who violate the public’s trust. 132-6.2. ... E-mail as a Public Record in North Carolina: A Policy for Its Retention and Disposition. (A list of records considered confidential are outlined in the law.) North Caroline use the North Carolina Public Records Act. 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. 132-1.3. Notable exceptions include but are not limited to: 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. § 132-1, shall include all settlement documents in any suit, administrative proceeding or arbitration instituted against any agency of North Carolina government or its subdivisions, as defined in N.C.G.S. The University of North Carolina athletic conference communications and other documentary materials; public records. General Statutes published on this website are not official. Ballotpedia features 318,783 encyclopedic articles written and curated by our professional staff of editors, writers, and researchers. Largest cities | Economic development incentives. Declared legal intentions across the U.S. 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.\" "[21], North Carolina law explicitly states that no individual making a request for records will be required to state a purpose.[22]. § 132-1.10. "[23], North Carolina establishes two different types of records with two different fees. Stat.) Social security numbers and other personal identifying information. 132-1.. Records of criminal investigations conducted by public law enforcement … § 132-6.1. § 132-6. Time limitation on confidentiality of records. Keeping records in safe places; copying or repairing; certified copies. This law focused on the duty of government officials to preserve public records carefully. Regaining custody; civil remedies. §§ 132-1 et seq., expresses the policy of the State of North Carolina with respect to public records as set forth in § 132-1(b): The public records compiled by the agencies of North Carolina government or its subdivisions are the property of the people. However, if the search is expansive and requires a great deal of staff time, an additional special fee may be charged.[25]. There are no restrictions on the type of records citizens are allowed to request. Selection and preservation of records considered essential; making or designation of preservation duplicates; force and effect of duplicates or copies thereof. SL 2019-156 ( H620 ) G.S. Chapter 132 of North Carolina General Statutes (NC Public Records Laws) provide for the preservation and production of public records by the relevant agencies, and regulated access for the public to these records, regardless of physical form. The North Carolina Public Records Law is designed to guarantee that the public has access to public records of governmental bodies in North Carolina. Posted on February 24, 2014 by Jessica Smith ; , , , , , , Are Mug Shots Public Records? Public Records… § 132-1.8. Election governance | Please note, state agencies and employees are not required to create or compile a public record that does not exist. Public Records. § 132-1.3A. Social security numbers and medical histories, for example, are excluded. Elections calendar | The North Carolina Public records law contains no requirements or procedures for administrative appeals in instances where access to public records is denied. [4], 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-. Immigration | [24], North Carolina law does not permit public bodies to charge search fees for standard requests. This is FindLaw's hosted version of North Carolina General Statutes Chapter 132. § 132-1.11. §132-1., I am requesting an opportunity to inspect or obtain copies of public records that [Describe the records or information sought with enough detail for the public agency to respond. The University of North Carolina athletic conference communications and other documentary materials; public records. 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. 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