AG 1995 10 02 - Laserfiche WebLink

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-Public Records Law Revised text of the Public Records Law David Lawrence's analysis Local Government Law Number 70 August 1995 David M. Lawrence, Eclltor Clmnges in the Public Records Law David M, Lawrence The central provisions of the North Carolina public records statute are found in iust two substantive sections, both short: the definition of public record in G.S. 132-1 and the statement of the public's right to inspect and receive a copy of public records in G.S. 132-6. The statute has left many questions unanswered, and the North Carolina courts have had few occasions to elaborate on it. For that reason, in interpreting the statute, local government attorneys have had to rely on cases decided under comparable statutes in other states and on their own deternaine what policies are furthered by the North Carolina statute. With the enactment of Chapter 388 of the 1995 Session Laws (Senate Bill 426), which becomes effective October 1, 1995, the General Assembl? has sought to provide answers to a range of questions involving the mechanics of access to and copying of public records, especially records that are maintained in electronic form. Several provisions of Chapter 388 are elaborations of the current statute that probably do not make substantive changes. Rather, these provisions confirm the interpretations that most attorneys and others working with the statute have reached based on the widespread agreement in the case law in other states. Other provisions in the act address questions on which courts in other states have split, providing a statutory answer for North Carolina. Perhaps most important among this group of provisions is a statement of what costs may be recouped by charges for copies of public records. Finally, a few provisions impose new requirements, the most important a requirement that local governments and state agencies develop indexes for their computerized databases to facilitate public knowledge of and use of the databases. The remainder of this bulletin, which is being sent to attorneys for counties, cities, school administrative units, and other local agencies, details the provisions of Chapter 388, in the three categories posited just above. The author is an Institute of Government faculty member whose specialties include public records and local government law. Provisions That Do Not Change the Law Purpose of Inspection and Copying Sometimes records custodians resist allowing access to or copying of public records because of concern or disapproval about how the requester will use the record. For example, the requester may intend a commercial use that the custodian believes will invade personal privac,L The courts of other states have consistently held, however, that such concerns may not be used to inhibit a person's right to examine or copy a public record. Chapter 388 confirms this interpretation and emphasizes it by adding a new G.S. 132-6(b) that prohibits a custodian from demandin~ as a condition of access or copying, to be told the purpose for which the requester wishes a record. The better conduct is simply not to ask. The Time Within Whlcl~ Copies Must Be Provided Chapter 388 adds language to G.S. 132-6 requiring the custodian to respond to requests for copies "as promptly as