Test Legal Handbook 2022

DATE:

September 1, 2015

TO:

Mr. John Doe, Assistant City Manager

DATE: TO: FROM: SUBJECT:

August 11, 2022 Mayor and City Council Ch uck Watts, City Attorney Public Records Law

What is a Public Record? Chapter 132 of the North Carolina General Statutes has been deemed the Public Records chapter. Section 132-1(a) defines “Public records” as: [A]ll 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 government or its subdivisions. Agency of North Carolina government or its subdivisions shall mean and include every public office, public officer or official (State or local, elected or appointed), institution, board, commission, bureau, council, department, authority or other unit of government of the State or of any county, unit, special district or other political subdivision of government. Additionally, Section 132-1(b) indicates that “ 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.” Framework for Understanding how the City Answers Public Records Requests The public records law creates a right of access to government records, which must be provided unless an exceptions applies. The questions in this framework focus on key issues that help determine how a public agency should respond to requests for access to public records. 1. Does a record exist that corresponds to the request? If not, no disclosure is required. If so, continue to question 2. As it pertains to question 1, we are looking to see if a record actually exists that corresponds to the request. Sometimes public agencies receive requests for information, which may be found in various records, or which is known but not made part of any record. The obligation under the law is to provide access to or copies of records that exist, and the statute specifically says that a public agency is not required to respond to records requests by “creating or compiling a record that does not exist.” G.S. 132-6.2(e).