NORTH CAROLINA PUBLIC RECORDS REQUEST

Comprehensive Template Under the North Carolina Public Records Law

N.C.G.S. Chapter 132

OVERVIEW OF NORTH CAROLINA'S PUBLIC RECORDS LAW

North Carolina's Public Records Law is codified at N.C.G.S. Chapter 132. The law establishes one of the broadest definitions of "public record" in the nation. N.C.G.S. s. 132-1 provides:

"The public records and public information compiled by the agencies of North Carolina government or its subdivisions are the property of the people."

The statute further declares that "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." N.C.G.S. s. 132-1(b).

Key Features of the North Carolina Public Records Law

• "As Promptly as Possible" Standard: There is no specific numerical deadline. Records must be produced "as promptly as possible." N.C.G.S. s. 132-6(a).
• Very Broad Definition: A "public record" includes 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. N.C.G.S. s. 132-1(a).
• Property of the People: Records are declared the property of the people, not the government agency.
• Minimal Cost: Copies must be available "free or at minimal cost" -- meaning actual cost of reproduction. N.C.G.S. s. 132-1(b).
• No Purpose Required: Requesters need not state a reason for the request.
• Exemptions Scattered: Unlike many states, North Carolina's exemptions are not consolidated in a single section but are scattered throughout the General Statutes (over 700 separate exemptions).
• 100-Year Sunset on Confidentiality: All restrictions on access to public records expire 100 years after creation. N.C.G.S. s. 132-1.13 (with certain exceptions).

SECTION 1: PUBLIC RECORDS REQUEST LETTER

PUBLIC RECORDS REQUEST
Pursuant to the North Carolina Public Records Law
N.C.G.S. Chapter 132

Date: [__/__/____]

TO (Records Custodian):

Name: [________________________________]
Title: [________________________________]
Agency/Department: [________________________________]
Street Address: [________________________________]
City, State, ZIP: [________________________________]
Email: [________________________________]
Telephone: [________________________________]

FROM (Requester):

Name: [________________________________]
Title/Organization: [________________________________]
Street Address: [________________________________]
City, State, ZIP: [________________________________]
Email: [________________________________]
Telephone: [________________________________]

RE: Public Records Request Concerning [________________________________]

Dear [________________________________]:

I. Legal Basis for Request

Pursuant to the North Carolina Public Records Law, N.C.G.S. Chapter 132, I hereby request access to inspect and/or obtain copies of the public records described below. Under N.C.G.S. s. 132-6(a), the custodian of public records shall permit any record in the custodian's custody to be inspected and examined at reasonable times and under reasonable supervision by any person, and shall furnish copies of any record upon payment of fees as may be prescribed by law.

As stated in N.C.G.S. s. 132-1(b), public records are the property of the people, and it is the policy of this State that the people may obtain copies free or at minimal cost.

II. Records Requested

I respectfully request that you search for and produce the following records:

Primary Request:

(a) [________________________________]

(b) [________________________________]

(c) [________________________________]

(d) [________________________________]

Additional Related Records:

(e) All indices, logs, databases, or record-keeping systems that would assist in identifying responsive records;

(f) All correspondence, emails, memoranda, and communications related to the above subject matter;

(g) All segregable, non-exempt portions of any records that may contain both exempt and non-exempt information.

Scope of Search:

• Date Range: From [__/__/____] to [__/__/____]
• Departments/Divisions to Search: [________________________________]
• Keywords or Search Terms: [________________________________]
• Record Types: [________________________________]
• Format of Original Records: [________________________________]

III. Format of Production

Pursuant to N.C.G.S. s. 132-6.2(b), I request that responsive records be produced in the following format:

☐ Electronic copies in native format (preferred)
☐ Electronic copies in PDF format
☐ Paper copies
☐ Inspection at the agency's offices during regular business hours
☐ Other: [________________________________]

Under N.C.G.S. s. 132-6.2(b), if the public record is in a form that is not readily available, the agency may charge the actual cost of converting to the requested format. If records exist in electronic form, I request electronic copies to minimize reproduction costs.

IV. Fee Provisions

I understand that under N.C.G.S. s. 132-6.2, fees may be charged for copies. I am willing to pay reasonable costs as follows:

• I agree to pay up to $[____] without prior notification.
• If the estimated costs exceed that amount, please provide me with an itemized cost estimate before proceeding.

I note that under North Carolina law:
- Fees are limited to "actual cost" of reproduction. N.C.G.S. s. 132-6.2(a).
- Fees for paper copies may not exceed $0.25 per page for the first 25 pages and $0.05 per page thereafter (for most agencies). N.C.G.S. s. 132-6.2(b1) (applicable to certain state agencies).
- "Actual cost" means direct, chargeable costs related to the reproduction of the records. N.C.G.S. s. 132-6.2(a).
- Inspection of records during regular business hours is free. N.C.G.S. s. 132-6(a).
- The policy of the State is that records be available "free or at minimal cost." N.C.G.S. s. 132-1(b).

V. Fee Waiver Request (If Applicable)

☐ I request a waiver or reduction of fees for the following reason(s):

[________________________________]

While North Carolina's statute does not contain a formal fee waiver provision, the policy of minimal cost access supports waiver or reduction. I request a waiver because:

☐ Disclosure is in the public interest and will contribute to public understanding of government operations.
☐ I am a member of the news media and the information will be disseminated to the public.
☐ I am a nonprofit organization seeking records for educational or research purposes.
☐ I am indigent and unable to afford the estimated costs.
☐ Other: [________________________________]

VI. Response Timeline

Under N.C.G.S. s. 132-6(a), the custodian shall permit inspection and examination of public records at reasonable times and under reasonable supervision. I request that you produce records "as promptly as possible" as contemplated by North Carolina law and the public policy of open access.

If you are unable to fulfill this request within a reasonable time, please provide written notice of the reasons for the delay and an estimated date of production.

VII. Denial Procedures

If the custodian determines that any records or portions of records are exempt from disclosure, I request that:

(a) The denial be in writing;

(b) The denial specifically identify the statutory provision that authorizes withholding each record or portion thereof;

(c) The denial provide an explanation of how the cited provision applies;

(d) All segregable, non-exempt portions be released;

(e) The denial inform me of my right to seek judicial review under N.C.G.S. s. 132-9.

VIII. Preservation of Records

I hereby request that all records responsive to this request be preserved. Please suspend any routine document destruction or retention schedules that may apply to the requested records.

IX. Contact Information

If you have questions or need clarification, please contact me at the information listed above. I am willing to discuss the scope of this request to facilitate prompt production.

Thank you for your prompt attention to this matter.

Respectfully submitted,

Signature: ___________________________________________

Name: [________________________________]
Title: [________________________________]
Organization: [________________________________]
Date: [__/__/____]

SECTION 2: RECORDS DESCRIPTION GUIDANCE

Drafting Effective Records Descriptions Under North Carolina Law

Because North Carolina defines "public record" extremely broadly, well-crafted descriptions help ensure complete and efficient production.

Sample Records Descriptions

Government Contracts and Procurement:

"All contracts, purchase orders, invoices, payment records, bid documents, proposals, evaluation criteria, scoring sheets, and related correspondence between [Agency Name] and [Vendor Name] from [Start Date] through [End Date], including all amendments, modifications, and change orders."

Personnel and Employment Records:

"All records relating to the hiring, discipline, or termination of [Employee Name/Position Title] within [Department Name] from [Start Date] through [End Date], including job postings, applications, interview records, performance evaluations, disciplinary actions, and separation documents. I note that under N.C.G.S. s. 126-23 and s. 160A-168, basic personnel information (name, age, date of original employment, current position title, current salary, date and amount of most recent increase, date of most recent promotion) is public."

Law Enforcement Records:

"All incident reports, dispatch logs, arrest records, body-worn camera footage, dashboard camera footage, use-of-force reports, and related records pertaining to Case/Incident No. [Number] occurring on or about [Date] at [Location], to the extent not exempt under N.C.G.S. s. 132-1.4 or other applicable law."

911 Communications Records:

"All 911 call recordings, computer-aided dispatch (CAD) records, call logs, and related communications from [Date] between [Time] and [Time] relating to calls originating from or pertaining to [Address/Location]."

Financial and Budget Records:

"All budget documents, financial statements, expenditure reports, revenue reports, audit reports, and related memoranda for [Agency/Department] for fiscal years [Year] through [Year], including all line-item detail and supporting documentation."

Emails and Electronic Communications:

"All emails sent to or from [Name/Email Address] during the period of [Start Date] through [End Date] containing the following search terms: [Term 1], [Term 2], [Term 3], including all attachments."

Building and Land Use Records:

"All building permits, inspection reports, certificates of occupancy, zoning applications, variance requests, and related correspondence for the property located at [Address] from [Start Date] through [End Date]."

SECTION 3: FEE PROVISIONS

Detailed Analysis of Fee Structure Under N.C.G.S. s. 132-6.2

A. Actual Cost Standard

North Carolina limits fees to "actual cost" of reproducing the records. N.C.G.S. s. 132-6.2(a). "Actual cost" means the direct, chargeable costs related to the reproduction of the records, which may include:

B. Special Fee Provisions for Certain Records

• GIS and mapping data: Fees may be established by the custodian. N.C.G.S. s. 132-10.
• Vital records: Fees established by the State Registrar. N.C.G.S. s. 130A-93.
• Court records: Fees established by the Administrative Office of the Courts.

C. Charges Not Permitted

• No charge for inspection: In-person inspection during regular business hours is free. N.C.G.S. s. 132-6(a).
• No charge for reviewing/redacting: Staff time spent reviewing records for exemptions should not be charged to the requester.
• No excessive markups: Fees must reflect actual costs; profiting from records production is contrary to the policy of N.C.G.S. s. 132-1(b).

D. Advance Payment

Agencies may require advance payment for large requests, but must provide an estimate of costs before requiring payment.

SECTION 4: RESPONSE TIMELINE

North Carolina's "As Promptly as Possible" Standard

A. Statutory Standard

North Carolina does not impose a fixed numerical deadline. Under N.C.G.S. s. 132-6(a), the custodian must permit inspection and examination "at reasonable times and under reasonable supervision." The courts have interpreted this to mean records must be produced "as promptly as possible."

B. Case Law Interpretation

• No Specific Number of Days: North Carolina courts have not established a bright-line rule for response time. However, unreasonable delay may be considered a denial subject to judicial enforcement.
• Factors Considered: Courts assess the reasonableness of response time based on the volume of records, complexity, need for redaction, and the agency's resources.
• Right to Inspect: The right to inspect records during regular business hours is immediate -- the custodian must make records available for on-site inspection without undue delay.

C. What Constitutes an Adequate Response

The agency should provide one of the following:
1. Production of all responsive records;
2. Partial production with a timeline for remaining records;
3. Written denial identifying the specific exemption(s) relied upon; or
4. Written notice explaining the need for additional time and providing an estimated production date.

D. Constructive Denial

Unreasonable delay or failure to respond may be treated as a constructive denial, triggering the requester's right to seek judicial enforcement under N.C.G.S. s. 132-9.

SECTION 5: EXEMPTIONS OVERVIEW

Comprehensive Guide to North Carolina Public Records Exemptions

North Carolina has over 700 separate exemptions scattered throughout the General Statutes. Unlike many states, these are not consolidated in one place. The following is a summary of the most commonly invoked exemptions.

A. Major Exemptions in Chapter 132

B. Personnel Records Exemptions

Important: While personnel records are generally confidential, the following information is always public under N.C.G.S. s. 126-23:
- Name
- Age
- Date of original employment or appointment
- Current position title
- Current salary
- Date and amount of most recent salary increase
- Date of most recent promotion, demotion, transfer, suspension, separation, or other change in position classification
- Office to which currently assigned

C. Law Enforcement Records (N.C.G.S. s. 132-1.4)

This is one of the most detailed exemptions in North Carolina law:

• Records of Criminal Investigations: Active criminal investigation files are not public. s. 132-1.4(a).
• Law Enforcement Recordings: Body-worn camera and dashboard camera footage are generally not public records under s. 132-1.4A, but may be released by court order upon petition under s. 132-1.4A(f).
• 911 Communications: Recordings of 911 calls are public records, but the database of telephone numbers may be confidential. s. 132-1.5.
• Incident Reports: Basic incident reports are generally public after the initial investigation.

D. Medical and Health Records

E. Student Records

Educational records are protected under both:
- FERPA (20 U.S.C. s. 1232g) - federal protection
- N.C.G.S. s. 115C-402 - state protection for student records

F. 100-Year Sunset Provision

Under N.C.G.S. s. 132-1.13, all restrictions on access to public records expire 100 years after creation, applicable to records existing or created on or after August 18, 2015. Exceptions include:
- Court-sealed records
- Records prohibited from disclosure under federal law
- Records containing social security numbers
- Juvenile and inmate records
- Building plans and infrastructure drawings

G. Segregability

If a record contains both exempt and non-exempt information, the agency must segregate and release the non-exempt portions. Only the specifically exempt information may be redacted.

SECTION 6: APPEAL PROCEDURES

Administrative and Judicial Remedies for Records Denials

A. No Formal Administrative Appeal

North Carolina's Public Records Law does not provide a formal administrative appeal process. Unlike federal FOIA, there is no requirement to appeal to a higher authority within the agency. However, requesters may:

• Informally contact the agency's legal counsel to discuss the denial;
• Contact the North Carolina Attorney General's Office for informal assistance;
• Contact the North Carolina Press Association or North Carolina Open Government Coalition for guidance.

B. Judicial Enforcement (N.C.G.S. s. 132-9)

The primary enforcement mechanism is an action in Superior Court:

Court: Superior Court of the county in which the records are located or the county where the agency has its principal office.

Types of Actions:
1. Application for Order Compelling Disclosure: Under N.C.G.S. s. 132-9(a), any person denied access may apply to the appropriate division of the General Court of Justice for an order compelling disclosure.
2. Injunctive Relief: The court may issue an injunction restraining the agency from withholding records.

Standard of Review: The court reviews the denial de novo and determines independently whether the exemption applies.

Burden of Proof: The agency bears the burden of proving that the exemption applies and that nondisclosure is proper.

In Camera Review: The court may review disputed records in camera to determine whether exemptions apply.

Expedited Treatment: Courts generally give priority to public records cases.

C. Attorney's Fees and Costs

Under N.C.G.S. s. 132-9(c):

• If the requester substantially prevails, the court may award:
• Reasonable attorney's fees
• Court costs

The award of attorney's fees is discretionary, not mandatory. The court considers the reasonableness of the agency's position and whether the denial was made in good faith.

D. Criminal Penalties

Under N.C.G.S. s. 132-5:

• Any public official who willfully and knowingly allows unauthorized removal, destruction, or mutilation of public records commits a Class 3 misdemeanor.
• Under N.C.G.S. s. 132-3, unlawful removal of records is also a criminal offense.

SECTION 7: APPEAL LETTER TEMPLATE

APPEAL OF PUBLIC RECORDS DENIAL / DEMAND FOR RECONSIDERATION

Date: [__/__/____]

TO:

Name: [________________________________]
Title: [________________________________]
Agency: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]

FROM:

Name: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]
Email: [________________________________]

RE: Appeal of Public Records Denial Dated [__/__/____]

Dear [________________________________]:

I write to formally appeal and/or seek reconsideration of your denial, dated [__/__/____], of my public records request submitted on [__/__/____] under the North Carolina Public Records Law, N.C.G.S. Chapter 132.

Basis for Appeal

Your denial is legally insufficient for the following reasons:

☐ The cited exemption does not apply to the requested records.
☐ The denial failed to identify a specific statutory exemption.
☐ The denial failed to explain how the exemption applies to the specific records withheld.
☐ The agency failed to release segregable, non-exempt portions of partially exempt records.
☐ The agency unreasonably delayed production, constituting a constructive denial.
☐ The fees charged exceed the "actual cost" permitted by N.C.G.S. s. 132-6.2.
☐ The agency has failed to recognize that the requested personnel information is public under N.C.G.S. s. 126-23.
☐ Other: [________________________________]

Specific Objections

[________________________________]

[________________________________]

[________________________________]

Demand for Production

I demand that the agency reconsider its denial and produce the requested records within [____] business days. As N.C.G.S. s. 132-1(b) declares, these records are the property of the people and should be available at minimal cost.

Notice of Intent to Seek Judicial Relief

If the records are not produced or a satisfactory response is not received, I intend to file an action in the Superior Court of [________________________________] County pursuant to N.C.G.S. s. 132-9, seeking:

(a) An order compelling disclosure of the requested records;
(b) Reasonable attorney's fees and court costs pursuant to N.C.G.S. s. 132-9(c);
(c) Injunctive relief as appropriate;
(d) Such other relief as the court deems just and proper.

Respectfully submitted,

Signature: ___________________________________________

Name: [________________________________]
Date: [__/__/____]

SECTION 8: ENFORCEMENT MECHANISMS

Penalties, Civil Actions, and Damages

A. Judicial Enforcement

• Authority: N.C.G.S. s. 132-9
• Court: Superior Court
• Standard: De novo review
• Burden: On the agency
• Relief: Court order compelling production; injunctive relief

B. Attorney's Fees and Costs

C. Criminal Penalties

D. Contempt of Court

Failure to comply with a court order compelling disclosure may result in contempt proceedings.

E. Removal from Office

Under certain circumstances, willful and knowing violation of the public records law may constitute grounds for removal from public office.

SECTION 9: FOLLOW-UP LETTER TEMPLATE

FOLLOW-UP TO PUBLIC RECORDS REQUEST

Date: [__/__/____]

TO:

Name: [________________________________]
Title: [________________________________]
Agency: [________________________________]
Address: [________________________________]

FROM:

Name: [________________________________]
Address: [________________________________]
Email: [________________________________]

RE: Follow-Up to Public Records Request Dated [__/__/____]

Dear [________________________________]:

I write to follow up on my public records request submitted on [__/__/____] pursuant to the North Carolina Public Records Law, N.C.G.S. Chapter 132.

☐ To date, I have not received any response to my request.
☐ I received an acknowledgment on [__/__/____] but have not received the requested records.
☐ I received a partial production on [__/__/____] but the following records remain outstanding: [________________________________]
☐ I received a denial on [__/__/____] that did not include the required specificity.

Under N.C.G.S. s. 132-6(a), the custodian shall permit inspection and examination of public records at reasonable times. The policy of this State is that records are the property of the people and should be provided as promptly as possible. N.C.G.S. s. 132-1(b).

It has now been [____] days since my original request, which I believe exceeds a reasonable timeframe.

I respectfully request that you:

☐ Immediately produce all responsive records;
☐ Provide a written status update with an estimated date of production;
☐ Provide a written explanation for the delay;
☐ Identify any records being withheld and the specific statutory basis for each withholding.

If I do not receive a satisfactory response within [____] business days, I may seek judicial enforcement under N.C.G.S. s. 132-9.

Respectfully,

Signature: ___________________________________________

Name: [________________________________]
Date: [__/__/____]

SECTION 10: FEE WAIVER REQUEST TEMPLATE

REQUEST FOR WAIVER OR REDUCTION OF PUBLIC RECORDS FEES

Date: [__/__/____]

TO:

Name: [________________________________]
Title: [________________________________]
Agency: [________________________________]
Address: [________________________________]

FROM:

Name: [________________________________]
Organization: [________________________________]
Address: [________________________________]

RE: Fee Waiver Request for Public Records Request Dated [__/__/____]

Dear [________________________________]:

I write to request a waiver or reduction of fees associated with my public records request dated [__/__/____], submitted pursuant to the North Carolina Public Records Law, N.C.G.S. Chapter 132.

Basis for Fee Waiver Request

N.C.G.S. s. 132-1(b) declares that "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." Consistent with this policy, I request a fee waiver or reduction because:

☐ Public Interest Purpose: The records sought will contribute significantly to public understanding of [________________________________] and will be widely disseminated.

☐ News Media Purpose: I am a journalist/reporter for [________________________________] and the records will be used for public reporting.

☐ Nonprofit/Educational Purpose: I represent [________________________________], a nonprofit organization, and the records are sought for [________________________________] purposes.

☐ Government Oversight: The records relate to evaluation of government performance or accountability regarding [________________________________].

☐ Indigency: I am unable to afford the estimated fees of $[____].

☐ Other: [________________________________]

Supporting Facts

[________________________________]

[________________________________]

I am willing to narrow the scope of my request if doing so would reduce costs. Please contact me to discuss.

Respectfully,

Signature: ___________________________________________

Name: [________________________________]
Date: [__/__/____]

SECTION 11: DOCUMENTATION CHECKLIST

Pre-Submission Checklist

☐ Identified the correct custodian of the records sought
☐ Confirmed the agency is subject to the NC Public Records Law
☐ Drafted a clear and specific description of the records requested
☐ Specified a date range for the request
☐ Specified the desired format for production (electronic, paper, or inspection)
☐ Included requester's name and contact information
☐ Set a fee cap and included fee limitation language
☐ Included fee waiver request (if applicable)
☐ Referenced the North Carolina Public Records Law (N.C.G.S. Chapter 132)
☐ Included request for segregation of exempt and non-exempt portions
☐ Included records preservation request
☐ Reviewed the request for clarity and completeness
☐ Made a copy of the request for your records
☐ Sent the request (certified mail, email, fax, or hand delivery)
☐ Noted the date of submission for timeline tracking

Post-Submission Tracking Checklist

☐ Logged the date the request was submitted: [__/__/____]
☐ Logged the method of delivery: [________________________________]
☐ Logged the date of any acknowledgment received: [__/__/____]
☐ Logged any interim communications or status updates
☐ Logged the date records were produced: [__/__/____]
☐ Reviewed records for completeness and responsiveness
☐ Identified any records withheld and the stated exemption basis
☐ Reviewed any redactions for compliance with applicable exemptions
☐ Verified fees charged against "actual cost" standard of N.C.G.S. s. 132-6.2
☐ Assessed whether basic personnel information (s. 126-23) was provided
☐ Filed all correspondence and records for future reference

Appeal Preparation Checklist

☐ Reviewed the denial letter for compliance with applicable statutory requirements
☐ Identified the specific exemptions cited for each denial
☐ Researched the cited exemptions in the relevant sections of the General Statutes
☐ Assessed whether segregable non-exempt portions were released
☐ Reviewed North Carolina case law on the applicable exemptions
☐ Drafted appeal/reconsideration letter
☐ Consulted with an attorney regarding Superior Court action under N.C.G.S. s. 132-9
☐ Prepared complaint for order compelling disclosure (if applicable)
☐ Filed action in Superior Court (if applicable)
☐ Preserved all correspondence and documentation

SECTION 12: KEY DIFFERENCES FROM FEDERAL FOIA

Comparison: North Carolina Public Records Law vs. Federal FOIA

Notable North Carolina-Specific Features

1. "Property of the People": North Carolina's declaration that public records are the "property of the people" creates a strong philosophical foundation for open access.

2. Extremely Broad Definition: N.C.G.S. s. 132-1(a) covers essentially any documentary material "regardless of physical form or characteristics," one of the broadest definitions in the nation.

3. 700+ Exemptions: Unlike most states that consolidate exemptions, North Carolina has over 700 exemptions scattered throughout the General Statutes, making it essential to research exemptions specific to the type of record requested.

4. 100-Year Sunset: The unique provision that all confidentiality restrictions expire after 100 years (N.C.G.S. s. 132-1.13) is found in very few jurisdictions.

5. Personnel Records: The specific listing of public personnel information under s. 126-23 provides clarity about what employee information is always available.

6. Body-Worn Camera Footage: North Carolina has a specific statutory framework for body-worn camera recordings (s. 132-1.4A) that requires a court order for public access in most cases.

7. No Formal Administrative Appeal: Like Wisconsin, North Carolina does not require exhaustion of administrative remedies before going to court.

SECTION 13: STATE-SPECIFIC NOTES

Important North Carolina-Specific Considerations

A. Body-Worn Camera and Dashboard Camera Recordings

Under N.C.G.S. s. 132-1.4A (effective October 1, 2016):

• Body-worn camera and dashboard camera recordings are not automatically public records.
• The recording agency may disclose recordings at its discretion.
• Persons depicted in recordings may request to view them.
• To obtain public disclosure, a person must petition the Superior Court for release. The court applies a balancing test considering the privacy of persons depicted, the public interest, and law enforcement concerns.

B. Personnel Records

Under N.C.G.S. ss. 126-22 through 126-30 (state employees) and ss. 160A-168/153A-98 (local employees):

• Most personnel records are confidential.
• The following are always public under s. 126-23: name, age, date of employment, current position, current salary, date/amount of most recent raise, and date of most recent promotion/demotion/transfer/suspension/separation.
• The employee may authorize release of additional information.

C. Electronic Records and Email

Emails and electronic communications created or received in connection with public business are public records regardless of the device used. Personal email accounts and personal devices used for public business may contain public records subject to disclosure.

D. Social Media

Government social media accounts and official communications via social media may constitute public records. The archiving and retention of social media records is an evolving area of North Carolina public records law.

E. Geographic Information Systems (GIS) Data

Under N.C.G.S. s. 132-10, GIS data is a public record, but the custodian may charge a reasonable fee for providing copies. The fee may exceed the normal "actual cost" standard for other records.

F. Vital Records

Birth certificates, death certificates, and marriage licenses are subject to specific access rules under N.C.G.S. ss. 130A-93 through 130A-97.

G. Court Records

Access to court records is governed by both the Public Records Law and rules adopted by the North Carolina Administrative Office of the Courts. Electronic court records may have additional access restrictions.

H. Local Government Records

Cities (N.C.G.S. s. 160A-168) and counties (N.C.G.S. s. 153A-98) have their own personnel records provisions that mirror but are not identical to the state employee provisions.

SECTION 14: SOURCES AND REFERENCES

Primary Legal Sources

• N.C.G.S. Chapter 132: NC Legislature
• N.C.G.S. s. 132-1 (Public Records Defined): NC Legislature
• N.C.G.S. s. 132-6 (Inspection and Examination): NC Legislature
• N.C.G.S. s. 132-6.2 (Fees): NC Legislature
• N.C.G.S. s. 132-9 (Enforcement): NC Legislature
• N.C.G.S. s. 132-1.4 (Law Enforcement Records): NC Legislature
• N.C.G.S. s. 132-1.4A (Body-Worn Camera Recordings): NC Legislature

Key Case Law

• News & Observer Publishing Co. v. Poole, 330 N.C. 465, 412 S.E.2d 7 (1992)
• Virmani v. Presbyterian Health Services Corp., 350 N.C. 449, 515 S.E.2d 677 (1999)
• News & Observer Publishing Co. v. Wake County Hospital System, Inc., 55 N.C. App. 1, 284 S.E.2d 542 (1981)
• DTH Publishing Corp. v. University of North Carolina at Chapel Hill, 496 F. Supp. 2d 596 (M.D.N.C. 2007)
• Bland v. City of Wilmington, 278 N.C. App. 519 (2021)

Government Resources

• NC Open Government Guide - Reporters Committee: RCFP
• UNC School of Government - Public Records: SOG
• NC General Statutes - Chapter 132: NC Legislature

This template is provided for informational purposes only and does not constitute legal advice. Consult with a qualified North Carolina attorney before submitting any public records request or pursuing legal action. Laws and procedures may change; verify all citations against current statutory text.