Want to find out what your local government has been up to?
North Carolina’s sunshine laws require agencies to produce records kept by governing bodies.
These records not only include official reports and minutes of meetings, but also items like hand-written notes, phone messages, e-mails, databases, spreadsheets – nearly anything created or received by a government agency while conducting the public’s business.
The agency must provide the records for free or at a minimal cost. You can get the records in paper or electronic format, depending on the agency’s capability, and the cost depends on the type of record you need. You can request records by telephone, fax, and mail or in person.
“One of my best tips is that people be both broad and narrow when requesting records,” says Amanda Martin, attorney for the North Carolina Press Association.
“What I mean by that is that you specifically ask for the document you know is out there, but then you broaden your request to loop in other documents that you didn’t know existed but might be useful.”
There is no procedure or form necessary to request copies of records and no requirement they be in writing except in the case of copies of computer databases and to agree not to use copies of geographical information systems for commercial purposes.
The law also states that those in charge of keeping the public records are not allowed to ask you your name or why you need the records.
You can ask the custodian of records for assistance, and they are obligated by law to provide access and copies you may need. Sometimes you can ask the public information officer for assistance, although the agency cannot force you to go through that individual.
The custodian also must allow you to examine the records at reasonable times and supervision, which usually means during business hours, and must also provide copies if asked. Sometimes these copies may take a day to weeks. It depends on how long it takes to assemble the records requested.
Additionally, under the North Carolina’s public records law, every record is considered public unless there is another law stating that it isn’t.
The exemptions to this law include: attorney-client communications, real-estate acquisition talks, certain personnel issues, emergency response plans, public billing information, trade secrets, certain government lawsuit settlements and information contained in the 911 database
They also include personal information for North Carolina public colleges and universities, criminal intelligence investigation records and photographs and recording of autopsies. The texts of autopsies are public record, however.
If you are denied access to a public record do your best to try to get them to tell you why.
“If a request is denied, I suggest going back to find out why and argue as well as you can for access,” Martin said. “If you have been dealing with a person who doesn’t have the authority to grant or deny your request, take it up the chain. Always demand to know the specific statutory authority for a denial”.
Ask them to cite the law that trumps North Carolina law G.S. 132. If you feel that the denial is unfair, you can file a civil suit.
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- Chanel Davis