Legal Handbook for Council Members 2022

2. Is the record “made or received in the transaction of public business?” If not, no disclosure is required. If so, continue to question 3. Most of the records that a public agency has do relate to the business of the agency. Records that are personal, however, are not related to the work of the agency and are not subject to disclosure under the public records law. This can describe a great many records, including personal emails created by public employees or officials. 3. Is there an exception that applies? If not, the requested access must be provided. If so, continue to question 4. There are numerous exceptions to the public records law. These exceptions include, but are not limited to: • Attorney – Client privilege for confidential communications by legal counsel to the public board or agency (NCGS 132-1.1); • State and local tax information , except as allowed by law (NCGS 160A-208.1); • Confidential information such as trade secrets or account numbers for electronic payment (NCGS 132- 1.2); • Settlement documents regarding medical malpractice against a hospital facility (all other settlements are public record) (NCGS 132-1.3); • Records of criminal investigations by public law enforcement agencies (except as set forth in the statute regarding the name, age, sex, address, etc. of accused and witnesses which are public records) (NCGS 132-1.4); • 911 calls over 30 days old and the 911 database (NCGS 132-1.4 and 132-1.5); * • Qualified exception for GIS database (NCGS 132-10); • Personnel and medical records (NCGS 160A-168, 8-53, 131E-97);

• Trial preparation materials (NCGS 132-1.9); • Social security numbers (NCGS 132-1.10); • Public enterprise billing information (NCGS 132-1.1); • Economic development records (NCGS 132-6(d) and 132-1.11); • Public assistance records (NCGS 108A-80); • Public security plans and information (NCGS 132-1.7); and • Personal information from motor vehicle records (18 USC 2721).

4. Does the exception apply to the entire record, or only to certain information, and does it prohibit disclosure or does it deny the right of access? If a prohibition applies to the entire record, do not disclose; if it applies only to certain information, redact and disclose. If there is no right of access to some or all of the information, but release is not prohibited, determine whether or not to release the entire or a redacted record. If an exception applies, the public agency may be allowed or even required to deny access to the entire record. In many cases, however, a particular record may contain a mix of public and nonpublic information. Depending upon the wording of the particular exception, the public agency may be required to redact or separate confidential information from other information that is public. Although the public records law applies to records, not information, it also provides that a request for access to a record cannot be denied on the grounds that confidential information is commingled with non-confidential information. Indeed, the law requires the public agency to bear the cost of separating the information in order to comply with the request. If an exception specifically prohibits disclosure of an entire record, redaction is not required.