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<br />~132-1.1
<br />
<br />CR. 132. PUBLIC RECORDS
<br />
<br />~13?-1.1
<br />
<br />Department of Crime Control and Public
<br />Safety, 48 N.C.A.G. 63 (1978).
<br />The departmental copy of the N.C. uniform
<br />traffic ticket and complaint, which is submitted
<br />by a highway patrolman to the district first
<br />sergeant who transmits it to the Traffic Record
<br />Section of the Division of Motor Vehicles, is not
<br />a public record and subject to inspection during
<br />the time it is maintained at the patrol district
<br />headquarters. See opinion of Attorney General
<br />to Barbara Smith, Assistant Secretary, Depart-
<br />ment .of Crime Control and Public Safety, 48
<br />N.C.A.G. 63 (1978). .
<br />The enforcement division copy of the N.C.
<br />uniform traffic ticket. and complaint, which is
<br />maintained by the officer issuing the complaint
<br />and includes his notes and other evidence, is
<br />not a public record and subject to inspection
<br />prior to trial of the offense charged in the
<br />complaint. See opinion of Attorney General to
<br />Barbara Smith, Assistant Secretary, Depart-
<br />ment of Crime Control and Public Safety, 48
<br />N.C.A.G. 63 (1978).
<br />The enforcement division copy of the N.C.
<br />uniform traffic ticket and complaint is not a
<br />public record and subject to inspection in the
<br />patrol district headquarters after the trial of
<br />the offense charged in the complaint. See opin-
<br />ion of Attorney General to Barbara Smith,
<br />Assistant Secretary, Department of Crime Con~
<br />trol and Public Safety, 48 N.C.A.G. 63 (1978).
<br />
<br />The chemical test operator's log (DHS-2069)
<br />is not a public record and subject to inspection
<br />while in the possession of tht) cllemica~ t!'lst
<br />operator. See opinion of AttorneY,General to
<br />Barbara Smith, Assistant Secretary, D';1part-
<br />ment of Crime Control and Public. SafeFY,.. .48
<br />N.C.A.G. 63 (1978). .
<br />The breathalyzer operation\ll checklist'
<br />o;mS-2012) which is completed and ma,hh
<br />tained by the breathalyzer oper.atoris' not a
<br />public record and subject to in,spection.. Se~
<br />opinion of Atto~ey General to Barbara Smith,
<br />Assistant Secretary, Department of Crime CQn- .
<br />trol and Public Safety, 48 N.C.A..G,,63 (1978). .
<br />Provisional Voters. - Ordinar~ly, .appli~a~
<br />tions to vote provisionally are viewed as p~~lic
<br />records which must be disclosed pursuant to
<br />this Chapter because these documents are sep-
<br />arate from ballots and there are a suffipient
<br />quantity of provisional ballots so that no vote
<br />could. be attrib,uted to any particular provi-
<br />sional voter.' However, when there is only one
<br />provisional voter, that voter has an overriding
<br />and. personal right. todl secret ballot' wider
<br />Article VI, Section 5 of 'the North' Carolina
<br />Constitution, and a County, Board of Elections
<br />is prohibited from disclosing any infomiatlon
<br />that would identify the provisional voter. See
<br />opinion of Attorney General to. Mr. Stephen T.
<br />Gheen, Chairman Gaston County Board .of
<br />Elections, .1997 N.C..A.G. 67 (11/6/97). .
<br />
<br />~ J32-1.1.Confidential communications by legal counsel
<br />'to public' board', or agency;. State taX iriforxn@.-
<br />tion; public enterprise billing information. ,.',
<br />
<br />* (a) Confidential Communications. - 'Public recor~, ..asdefi;ed ,i~.'.6:s.
<br />132-1, shall not include written communications (and copies thereof) to~y
<br />public board, council~ commission or other governmental' body of the State or of
<br />any county, muni.cipality. or other political subdivision or unit of governmeTit,
<br />made wi~hin the scope of the attorney-client relatjonship by .a.ny a~~ori1ey~at~
<br />law servmg any such governmental body, concernmgany dalmagamst ordn
<br />behalf of the governmental body or the governnientalentity for which ;sllch
<br />body acts, or concerning the prosecution, defense, settlement or litigation 'of
<br />any judicial action, or any administrative or othet type of 'proceeding to which
<br />the governmental body is a party or'by which it is or may bedir~ctly affect~d.
<br />Such written commimication and copies thereof shall 'not be ope~'c:i ublic
<br />i s ecb n exa na Ion or co ymg un ess spe .... U IC .the
<br />government o' recel n suc :wn en commumc Ions' 'froVl, e, OVlf-
<br />ever, at suc w en umca 1 s ,lest reo sal become. ubhc
<br />records as defined in .S. 132-. tree years from t e date umca ion 'I
<br />was receIve y suc pu lC oar , co , IS810n 0 ther overnmental
<br />~ '. . .'
<br />- (b) State and Local Tax Information. ~ Tax information' ttlay not be
<br />disclosed except as provided in G.S.105-259. As used in this 'subsection; '~tax
<br />information" has the same ttleaning as. in G.s. 105-259. Local tax records t}iat
<br />contain informati.on about Ii taxpayer's income or recAeipts'may not be discloSl;ld
<br />except as provided in G.S. 153A~148.1 ap.d 9.S. 160 '~208.L ' ' ....
<br />(c) Public Enterprise 13illing Information~ ~ BilliI;lg information conipil~d
<br />lWd maintained by a city or county or other pUQlic entity providing utility
<br />
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