(a)"Public record" or "public records" shall mean 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 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.

(b) The 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. (1935, c. 265, s. 1; 1975, c. 787, s. 1;

1995, c. 388, s. 1.)

§ 132-1.1. Confidential communications by legal counsel to

public board or agency; State tax information.

(a)Confidential Communications. – Public records, as

defined in G.S. 132-1, shall not include written communications

(and copies thereof) to any public board, council, commission or

other governmental body of the State or of any county,

municipality or other political subdivision or unit of

government, made within the scope of the attorney-client

relationship by any attorney-at-law serving any such governmental

body, concerning any claim against or on behalf of the

governmental body or the governmental entity for which such body

acts, or concerning the prosecution, defense, settlement or

litigation of any judicial action, or any administrative or other

type of proceeding to which the governmental body is a party or

by which it is or may be directly affected. Such written

communication and copies thereof shall not be open to public

inspection, examination or copying unless specifically made

public by the governmental body receiving such written

communications; provided, however, that such written

communications and copies thereof shall become public records as

defined in G.S. 132-1 three years from the date such

communication was received by such public board, council,

commission or other governmental body.

(b) State and Local Tax Information. – Tax information may not

be disclosed except as provided in G.S. 105-259. As used in this

subsection, "tax information" has the same meaning as in G.S. 105-

259. Local tax records that contain information about a

taxpayer's income or receipts may not be disclosed except as

provided in G.S. 153A-148.1 and G.S. 160A-208.1. (1975, c. 662;

1993, c. 485, s. 38; 1995 (Reg. Sess., 1996), c. 646, s. 21.)

§ 132-1.2. Confidential information.

Nothing in this Chapter shall be construed to require or

authorize a public agency or its subdivision to disclose any

information that:

(1) Meets all of the following conditions:

a. Constitutes a "trade secret" as defined in G.S.

66-152(3).

b. Is the property of a private "person" as

defined in G.S. 66-152(2).

c. Is disclosed or furnished to the public agency

in connection with the owner's performance of a

public contract or in connection with a bid,

application, proposal, industrial development

project, or in compliance with laws,

regulations, rules, or ordinances of the United

States, the State, or political subdivisions of

the State.

d. Is designated or indicated as "confidential" or

as a "trade secret" at the time of its initial

disclosure to the public agency.

(2) Reveals an account number for electronic payment as

defined in G.S. 147-86.20 and obtained pursuant to

Articles 6A or 6B of Chapter 147 of the General

Statutes or G.S. 159-32.1. (1989, c. 269; 1991, c.

745, s. 3; 1999-434, s. 7.)

§ 132-1.3. Settlements made by or on behalf of public

agencies, public officials, or public employees; public

records.

(a)Public records, as defined in G.S. 132-1, shall include

all settlement documents in any suit, administrative proceeding

or arbitration instituted against any agency of North Carolina

government or its subdivisions, as defined in G.S. 132-1, in

connection with or arising out of such agency's official actions,

duties or responsibilities, except in an action for medical

malpractice against a hospital facility. No agency of North

Carolina government or its subdivisions, nor any counsel,

insurance company or other representative acting on behalf of

such agency, shall approve, accept or enter into any settlement

of any such suit, arbitration or proceeding if the settlement

provides that its terms and conditions shall be confidential,

except in an action for medical malpractice against a hospital

facility. No settlement document sealed under subsection (b) of

this section shall be open for public inspection.

(b) No judge, administrative judge or administrative hearing

officer of this State, nor any board or commission, nor any

arbitrator appointed pursuant to the laws of North Carolina,

shall order or permit the sealing of any settlement document in

any proceeding described herein except on the basis of a written

order concluding that (1) the presumption of openness is overcome

by an overriding interest and (2) that such overriding interest

cannot be protected by any measure short of sealing the

settlement. Such order shall articulate the overriding interest

and shall include findings of fact that are sufficiently specific

to permit a reviewing court to determine whether the order was

proper.

(c) Except for confidential communications as provided in G.S.

132-1.1, the term "settlement documents," as used herein, shall

include all documents which reflect, or which are made or

utilized in connection with, the terms and conditions upon which

any proceedings described in this section are compromised,

settled, terminated or dismissed, including but not limited to

correspondence, settlement agreements, consent orders, checks,

and bank drafts. (1989, c. 326.)

§ 132-1.4. Criminal investigations; intelligence information

records.

(a)Records of criminal investigations conducted by public

law enforcement agencies or records of criminal intelligence

information compiled by public law enforcement agencies are not

public records as defined by G.S. 132-1. Records of criminal

investigations conducted by public law enforcement agencies or

records of criminal intelligence information may be released by

order of a court of competent jurisdiction.

(b) As used in this section:

(1) "Records of criminal investigations" means all

records or any information that pertains to a person

or group of persons that is compiled by public law

enforcement agencies for the purpose of attempting

to prevent or solve violations of the law, including

information derived from witnesses, laboratory

tests, surveillance, investigators, confidential

informants, photographs, and measurements.

(2) "Records of criminal intelligence information" means

records or information that pertain to a person or

group of persons that is compiled by a public law

enforcement agency in an effort to anticipate,

prevent, or monitor possible violations of the law.

(3) "Public law enforcement agency" means a municipal

police department, a county police department, a

sheriff's department, a company police agency

commissioned by the Attorney General pursuant to

G.S. 74E-1, et seq., and any State or local agency,

force, department, or unit responsible for

investigating, preventing, or solving violations of

the law.

(4) "Violations of the law" means crimes and offenses

that are prosecutable in the criminal courts in this

State or the United States and infractions as

defined in G.S. 14-3.1.

(5) "Complaining witness" means an alleged victim or

other person who reports a violation or apparent

violation of the law to a public law enforcement

agency.

(c) Notwithstanding the provisions of this section, and unless

otherwise prohibited by law, the following information shall be

public records within the meaning of G.S. 132-1.

(1) The time, date, location, and nature of a violation

or apparent violation of the law reported to a

public law enforcement agency.

(2) The name, sex, age, address, employment, and alleged

violation of law of a person arrested, charged, or

indicted.

(3) The circumstances surrounding an arrest, including

the time and place of the arrest, whether the arrest

involved resistance, possession or use of weapons,

or pursuit, and a description of any items seized in

connection with the arrest.

(4) The contents of "911" and other emergency telephone

calls received by or on behalf of public law

enforcement agencies, except for such contents that

reveal the name, address, telephone number, or other

information that may identify the caller, victim, or

witness.

(5) The contents of communications between or among

employees of public law enforcement agencies that

are broadcast over the public airways.

(6) The name, sex, age, and address of a complaining

witness.

(d) A public law enforcement agency shall temporarily withhold

the name or address of a complaining witness if release of the

information is reasonably likely to pose a threat to the mental

health, physical health, or personal safety of the complaining

witness or materially compromise a continuing or future criminal

investigation or criminal intelligence operation. Information

temporarily withheld under this subsection shall be made

available for release to the public in accordance with G.S. 132-6

as soon as the circumstances that justify withholding it cease to

exist. Any person denied access to information withheld under

this subsection may apply to a court of competent jurisdiction

for an order compelling disclosure of the information. In such

action, the court shall balance the interests of the public in

disclosure against the interests of the law enforcement agency

and the alleged victim in withholding the information. Actions

brought pursuant to this subsection shall be set down for

immediate hearing, and subsequent proceedings in such actions

shall be accorded priority by the trial and appellate courts.

(e) If a public law enforcement agency believes that release

of information that is a public record under subdivisions (c)(1)

through (c)(5) of this section will jeopardize the right of the

State to prosecute a defendant or the right of a defendant to

receive a fair trial or will undermine an ongoing or future

investigation, it may seek an order from a court of competent

jurisdiction to prevent disclosure of the information. In such

action the law enforcement agency shall have the burden of

showing by a preponderance of the evidence that disclosure of the

information in question will jeopardize the right of the State to

prosecute a defendant or the right of a defendant to receive a

fair trial or will undermine an ongoing or future investigation.

Actions brought pursuant to this subsection shall be set down for

immediate hearing, and subsequent proceedings in such actions

shall be accorded priority by the trial and appellate courts.

(f) Nothing in this section shall be construed as authorizing

any public law enforcement agency to prohibit or prevent another

public agency having custody of a public record from permitting

the inspection, examination, or copying of such public record in

compliance with G.S. 132-6. The use of a public record in

connection with a criminal investigation or the gathering of

criminal intelligence shall not affect its status as a public

record.

(g) Disclosure of records of criminal investigations and

criminal intelligence information that have been transmitted to a

district attorney or other attorney authorized to prosecute a

violation of law shall be governed by this section and Chapter

15A of the General Statutes.

(h) Nothing in this section shall be construed as requiring

law enforcement agencies to disclose the following:

(1) Information that would not be required to be

disclosed under Chapter 15A of the General Statutes;

or

(2) Information that is reasonably likely to identify a

confidential informant.

(i) Law enforcement agencies shall not be required to maintain

any tape recordings of "911" or other communications for more

than 30 days from the time of the call, unless a court of

competent jurisdiction orders a portion sealed.

(j) When information that is not a public record under the

provisions of this section is deleted from a document, tape

recording, or other record, the law enforcement agency shall make

clear that a deletion has been made. Nothing in this subsection

shall authorize the destruction of the original record.

(k) The following court records are public records and may be

withheld only when sealed by court order: arrest and search

warrants that have been returned by law enforcement agencies,

indictments, criminal summons, and nontestimonial identification

orders.

(l) Records of investigations of alleged child abuse shall be

governed by Article 29 of Chapter 7B of the General Statutes.

(1993, c. 461, s. 1; 1998-202, s. 13(jj).)

§ 132-1.5. 911 database.

Automatic number identification and automatic location

identification information that consists of the name, address,

and telephone numbers of telephone subscribers which is contained

in a county 911 database is confidential and is not a public

record as defined by Chapter 132 of the General Statutes if that

information is required to be confidential by the agreement with

the telephone company by which the information was obtained.

Dissemination of the information contained in the 911 automatic

number and automatic location database is prohibited except on a

call-by-call basis only for the purpose of handling emergency

calls or for training, and any permanent record of the

information shall be secured by the public safety answering

points and disposed of in a manner which will retain that

security except as otherwise required by applicable law. (1997-

287, s. 1.)

§ 132-2. Custodian designated.

The public official in charge of an office having public

records shall be the custodian thereof. (1935, c. 265, s. 2.)

§ 132-3. Destruction of records regulated.

(a)Prohibition. – No public official may destroy, sell,

loan, or otherwise dispose of any public record, except in

accordance with G.S. 121-5 and G.S. 130A-99, without the consent

of the Department of Cultural Resources. Whoever unlawfully

removes a public record from the office where it is usually kept,

or alters, defaces, mutilates or destroys it shall be guilty of a

Class 3 misdemeanor and upon conviction only fined not less than

ten dollars ($10.00) nor more than five hundred dollars

($500.00).

(b) Revenue Records. – Notwithstanding subsection (a) of this

section and G.S. 121-5, when a record of the Department of

Revenue has been copied in any manner, the original record may be

destroyed upon the order of the Secretary of Revenue. If a record

of the Department of Revenue has not been copied, the original

record shall be preserved for at least three years. After three

years the original record may be destroyed upon the order of the

Secretary of Revenue. (1935, c. 265, s. 3; 1943, c. 237; 1953, c.

675, s. 17; 1957, c. 330, s. 2; 1973, c. 476, s. 48; 1993, c.

485, s. 39; c. 539, s. 966; 1994, Ex. Sess., c. 24, s. 14(c);

1997-309, s. 12.)

§ 132-4. Disposition of records at end of official's term.

Whoever has the custody of any public records shall, at

the expiration of his term of office, deliver to his successor,

or, if there be none, to the Department of Cultural Resources,

all records, books, writings, letters and documents kept or

received by him in the transaction of his official business; and

any such person who shall refuse or neglect for the space of 10

days after request made in writing by any citizen of the State to

deliver as herein required such public records to the person

authorized to receive them shall be guilty of a Class 1

misdemeanor. (1935, c. 265, s. 4; 1943, c. 237; 1973, c. 476, s.

48; 1975, c. 696, s. 1; 1993, c. 539, s. 967; 1994, Ex. Sess., c.

24, s. 14(c).)

§ 132-5. Demanding custody.

Whoever is entitled to the custody of public records shall

demand them from any person having illegal possession of them,

who shall forthwith deliver the same to him. If the person who

unlawfully possesses public records shall without just cause

refuse or neglect for 10 days after a request made in writing by

any citizen of the State to deliver such records to their lawful

custodian, he shall be guilty of a Class 1 misdemeanor. (1935, c.

265, s. 5; 1975, c. 696, s. 2; 1993, c. 539, s. 968; 1994, Ex.

Sess., c. 24, s. 14(c).)

§ 132-5.1. Regaining custody; civil remedies.

(a)The Secretary of the Department of Cultural Resources

or his designated representative or any public official who is

the custodian of public records which are in the possession of a

person or agency not authorized by the custodian or by law to

possess such public records may petition the superior court in

the county in which the person holding such records resides or in

which the materials in issue, or any part thereof, are located

for the return of such public records. The court may order such

public records to be delivered to the petitioner upon finding

that the materials in issue are public records and that such

public records are in the possession of a person not authorized

by the custodian of the public records or by law to possess such

public records. If the order of delivery does not receive

compliance, the petitioner may request that the court enforce

such order through its contempt power and procedures.

(b) At any time after the filing of the petition set out in

subsection (a) or contemporaneous with such filing, the public

official seeking the return of the public records may by ex parte

petition request the judge or the court in which the action was

filed to grant one of the following provisional remedies:

(1) An order directed at the sheriff commanding him to

seize the materials which are the subject of the

action and deliver the same to the court under the

circumstances hereinafter set forth; or

(2) A preliminary injunction preventing the sale,

removal, disposal or destruction of or damage to

such public records pending a final judgment by the

court.

(c) The judge or court aforesaid shall issue an order of

seizure or grant a preliminary injunction upon receipt of an

affidavit from the petitioner which alleges that the materials at

issue are public records and that unless one of said provisional

remedies is granted, there is a danger that such materials shall

be sold, secreted, removed out of the State or otherwise disposed

of so as not to be forthcoming to answer the final judgment of

the court respecting the same; or that such property may be

destroyed or materially damaged or injured if not seized or if

injunctive relief is not granted.

(d) The aforementioned order of seizure or preliminary

injunction shall issue without notice to the respondent and

without the posting of any bond or other security by the

petitioner. (1975, c. 787, s. 2.)

§ 132-6. Inspection and examination of records.

(a)Every 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, as promptly as possible, furnish copies thereof upon

payment of any fees as may be prescribed by law. As used herein,

"custodian" does not mean an agency that holds the public records

of other agencies solely for purposes of storage or safekeeping

or solely to provide data processing.

(b) No person requesting to inspect and examine public

records, or to obtain copies thereof, shall be required to

disclose the purpose or motive for the request.

(c) No request to inspect, examine, or obtain copies of public

records shall be denied on the grounds that confidential

information is commingled with the requested nonconfidential

information. If it is necessary to separate confidential from

nonconfidential information in order to permit the inspection,

examination, or copying of the public records, the public agency

shall bear the cost of such separation on the following schedule:

State agencies after June 30, 1996;

Municipalities with populations of 10,000 or more,

counties with populations of 25,000 or more, as

determined by the 1990 U.S. Census, and public

hospitals in those counties, after June 30, 1997;

Municipalities with populations of less than 10,000,

counties with populations of less than 25,000, as

determined by the 1990 U.S. Census, and public

hospitals in those counties, after June 30, 1998;

Political subdivisions and their agencies that are not

otherwise covered by this schedule, after June 30,

1998.

(d) Notwithstanding the provisions of subsections (a) and (b)

of this section, public records relating to the proposed

expansion or location of specific business or industrial projects

in the State may be withheld so long as their inspection,

examination or copying would frustrate the purpose for which such

public records were created; provided, however, that nothing

herein shall be construed to permit the withholding of public

records relating to general economic development policies or

activities.

(e) The application of this Chapter is subject to the

provisions of Article 1 of Chapter 121 of the General Statutes,

the North Carolina Archives and History Act.

(f) Notwithstanding the provisions of subsection (a) of this

section, the inspection or copying of any public record which,

because of its age or condition could be damaged during

inspection or copying, may be made subject to reasonable

restrictions intended to preserve the particular record. (1935,

c. 265, s. 6; 1987, c. 835, s. 1; 1995, c. 388, s. 2.)

§ 132-6.1. Electronic data-processing records.

(a)After June 30, 1996, no public agency shall purchase,

lease, create, or otherwise acquire any electronic data-

processing system for the storage, manipulation, or retrieval of

public records unless it first determines that the system will

not impair or impede the agency's ability to permit the public

inspection and examination, and to provide electronic copies of

such records. Nothing in this subsection shall be construed to

require the retention by the public agency of obsolete hardware

or software.

(b) Every public agency shall create an index of computer

databases compiled or created by a public agency on the following

schedule:

State agencies by July 1, 1996;

Municipalities with populations of 10,000 or more,

counties with populations of 25,000 or more, as

determined by the 1990 U.S. Census, and public hospitals

in those counties, by July 1, 1997;

Municipalities with populations of less than 10,000,

counties with populations of less than 25,000, as

determined by the 1990 U.S. Census, and public hospitals

in those counties, by July 1, 1998;

Political subdivisions and their agencies that are not

otherwise covered by this schedule, after June 30, 1998.

The index shall be a public record and shall include, at a

minimum, the following information with respect to each database

listed therein: a list of the data fields; a description of the

format or record layout; information as to the frequency with

which the database is updated; a list of any data fields to which

public access is restricted; a description of each form in which

the database can be copied or reproduced using the agency's

computer facilities; and a schedule of fees for the production of

copies in each available form. Electronic databases compiled or

created prior to the date by which the index must be created in

accordance with this subsection may be indexed at the public

agency's option. The form, content, language, and guidelines for

the index and the databases to be indexed shall be developed by

the Division of Archives and History in consultation with

officials at other public agencies.

(c) Nothing in this section shall require a public agency to

create a computer database that the public agency has not

otherwise created or is not otherwise required to be created.

Nothing in this section requires a public agency to disclose

security features of its electronic data processing systems,

information technology systems, telecommunications networks, or

electronic security systems, including hardware or software

security, passwords, or security standards, procedures,

processes, configurations, software, and codes.

(d) The following definitions apply in this section:

(1) Computer database. – A structured collection of data

or documents residing in a database management

program or spreadsheet software.

(2) Computer hardware. – Any tangible machine or device

utilized for the electronic storage, manipulation,

or retrieval of data.

(3) Computer program. – A series of instructions or

statements that permit the storage, manipulation,

and retrieval of data within an electronic data-

processing system, together with any associated

documentation. The term does not include the

original data, or any analysis, compilation, or

manipulated form of the original data produced by

the use of the program or software.

(4) Computer software. – Any set or combination of

computer programs. The term does not include the

original data, or any analysis, compilation, or

manipulated form of the original data produced by

the use of the program or software.

(5) Electronic data-processing system. – Computer

hardware, computer software, or computer programs or

any combination thereof, regardless of kind or

origin. (1995, c. 388, s. 3; 2000-71, s. 1.)

§ 132-6.2. Provisions for copies of public records; fees.

(a)Persons requesting copies of public records may elect

to obtain them in any and all media in which the public agency is

capable of providing them. No request for copies of public

records in a particular medium shall be denied on the grounds

that the custodian has made or prefers to make the public records

available in another medium. The public agency may assess

different fees for different media as prescribed by law.

(b) Persons requesting copies of public records may request

that the copies be certified or uncertified. The fees for

certifying copies of public records shall be as provided by law.

Except as otherwise provided by law, no public agency shall

charge a fee for an uncertified copy of a public record that

exceeds the actual cost to the public agency of making the copy.

For purposes of this subsection, "actual cost" is limited to

direct, chargeable costs related to the reproduction of a public

record as determined by generally accepted accounting principles

and does not include costs that would have been incurred by the

public agency if a request to reproduce a public record had not

been made. Notwithstanding the provisions of this subsection, if

the request is such as to require extensive use of information

technology resources or extensive clerical or supervisory

assistance by personnel of the agency involved, or if producing

the record in the medium requested results in a greater use of

information technology resources than that established by the

agency for reproduction of the volume of information requested,

then the agency may charge, in addition to the actual cost of

duplication, a special service charge, which shall be reasonable

and shall be based on the actual cost incurred for such extensive

use of information technology resources or the labor costs of the

personnel providing the services, or for a greater use of

information technology resources that is actually incurred by the

agency or attributable to the agency. If anyone requesting public

information from any public agency is charged a fee that the

requester believes to be unfair or unreasonable, the requester

may ask the Information Resource Management Commission to mediate

the dispute.

(c) Persons requesting copies of computer databases may be

required to make or submit such requests in writing. Custodians

of public records shall respond to all such requests as promptly

as possible. If the request is granted, the copies shall be

provided as soon as reasonably possible. If the request is

denied, the denial shall be accompanied by an explanation of the

basis for the denial. If asked to do so, the person denying the

request shall, as promptly as possible, reduce the explanation

for the denial to writing.

(d) Nothing in this section shall be construed to require a

public agency to respond to requests for copies of public records

outside of its usual business hours.

(e) Nothing in this section shall be construed to require a

public agency to respond to a request for a copy of a public

record by creating or compiling a record that does not exist. If

a public agency, as a service to the requester, voluntarily

elects to create or compile a record, it may negotiate a

reasonable charge for the service with the requester. Nothing in

this section shall be construed to require a public agency to put

into electronic medium a record that is not kept in electronic

medium. (1995, c. 388, s. 3.)

§ 132-7. Keeping records in safe places; copying or

repairing; certified copies.

Insofar as possible, custodians of public records shall

keep them in fireproof safes, vaults, or rooms fitted with

noncombustible materials and in such arrangement as to be easily

accessible for convenient use. All public records should be kept

in the buildings in which they are ordinarily used. Record books

should be copied or repaired, renovated or rebound if worn,

mutilated, damaged or difficult to read. Whenever any State,

county, or municipal records are in need of repair, restoration,

or rebinding, the head of such State agency, department, board,

or commission, the board of county commissioners of such county,

or the governing body of such municipality may authorize that the

records in need of repair, restoration, or rebinding be removed

from the building or office in which such records are ordinarily

kept, for the length of time required to repair, restore, or

rebind them. Any public official who causes a record book to be

copied shall attest it and shall certify on oath that it is an

accurate copy of the original book. The copy shall then have the

force of the original. (1935, c. 265, s. 7; 1951, c. 294.)

§ 132-8. Assistance by and to Department of Cultural

Resources.

The Department of Cultural Resources shall have the right

to examine into the condition of public records and shall give

advice and assistance to public officials in the solution of

their problems of preserving, filing and making available the

public records in their custody. When requested by the Department

of Cultural Resources, public officials shall assist the

Department in the preparation of an inclusive inventory of

records in their custody, to which shall be attached a schedule,

approved by the head of the governmental unit or agency having

custody of the records and the Secretary of Cultural Resources,

establishing a time period for the retention or disposal of each

series of records. Upon the completion of the inventory and

schedule, the Department of Cultural Resources shall (subject to

the availability of necessary space, staff, and other facilities

for such purposes) make available space in its Records Center for

the filing of semicurrent records so scheduled and in its

archives for noncurrent records of permanent value, and shall

render such other assistance as needed, including the

microfilming of records so scheduled. (1935, c. 265, s. 8; 1943,

c. 237; 1959, c. 68, s. 2; 1973, c. 476, s. 48.)

§ 132-8.1. Records management program administered by

Department of Cultural Resources; establishment of

standards, procedures, etc.; surveys.

A records management program for the application of

efficient and economical management methods to the creation,

utilization, maintenance, retention, preservation, and disposal

of official records shall be administered by the Department of

Cultural Resources. It shall be the duty of that Department, in

cooperation with and with the approval of the Department of

Administration, to establish standards, procedures, and

techniques for effective management of public records, to make

continuing surveys of paper work operations, and to recommend

improvements in current records management practices including

the use of space, equipment, and supplies employed in creating,

maintaining, and servicing records. It shall be the duty of the

head of each State agency and the governing body of each county,

municipality and other subdivision of government to cooperate

with the Department of Cultural Resources in conducting surveys

and to establish and maintain an active, continuing program for

the economical and efficient management of the records of said

agency, county, municipality, or other subdivision of government.

(1961, c. 1041; 1973, c. 476, s. 48.)

§ 132-8.2. Selection and preservation of records considered

essential; making or designation of preservation

duplicates; force and effect of duplicates or copies

thereof.

In cooperation with the head of each State agency and the

governing body of each county, municipality, and other

subdivision of government, the Department of Cultural Resources

shall establish and maintain a program for the selection and

preservation of public records considered essential to the

operation of government and to the protection of the rights and

interests of persons, and, within the limitations of funds

available for the purpose, shall make or cause to be made

preservation duplicates or designate as preservation duplicates

existing copies of such essential public records. Preservation

duplicates shall be durable, accurate, complete and clear, and

such duplicates made by a photographic, photostatic, microfilm,

micro card, miniature photographic, or other process which

accurately reproduces and forms a durable medium for so

reproducing the original shall have the same force and effect for

all purposes as the original record whether the original record

is in existence or not. A transcript, exemplification, or

certified copy of such preservation duplicate shall be deemed for

all purposes to be a transcript, exemplification, or certified

copy of the original record. Such preservation duplicates shall

be preserved in the place and manner of safekeeping prescribed by

the Department of Cultural Resources. (1961, c. 1041; 1973, c.

476, s. 48.)

§ 132-9. Access to records.

(a)Any person who is denied access to public records for

purposes of inspection and examination, or who is denied copies

of public records, may apply to the appropriate division of the

General Court of Justice for an order compelling disclosure or

copying, and the court shall have jurisdiction to issue such

orders. Actions brought pursuant to this section shall be set

down for immediate hearing, and subsequent proceedings in such

actions shall be accorded priority by the trial and appellate

courts.

(b) In an action to compel disclosure of public records which

have been withheld pursuant to the provisions of G.S. 132-6

concerning public records relating to the proposed expansion or

location of particular businesses and industrial projects, the

burden shall be on the custodian withholding the records to show

that disclosure would frustrate the purpose of attracting that

particular business or industrial project.

(c) In any action brought pursuant to this section in which a

party successfully compels the disclosure of public records, the

court may, in its discretion, allow the prevailing party to

recover reasonable attorneys' fees if:

(1) The court finds that the agency acted without

substantial justification in denying access to the

public records; and

(2) The court finds that there are no special

circumstances that would make the award of

attorneys' fees unjust.

Any attorneys' fees assessed against a public agency under

this section shall be charged against the operating expenses of

the agency; provided, however, that the court may order that all

or any portion of any attorneys' fees so assessed be paid

personally by any public employee or public official found by the

court to have knowingly or intentionally committed, caused,

permitted, suborned, or participated in a violation of this

Article. No order against any public employee or public official

shall issue in any case where the public employee or public

official seeks the advice of an attorney and such advice is

followed.

(d) If the court determines that an action brought pursuant to

this section was filed in bad faith or was frivolous, the court

may, in its discretion, assess a reasonable attorney's fee

against the person or persons instituting the action and award it

to the public agency as part of the costs. (1935, c. 265, s. 9;

1975, c. 787, s. 3; 1987, c. 835, s. 2; 1995, c. 388, s. 4.)

§ 132-10. Qualified exception for geographical information

systems.

Geographical information systems databases and data files

developed and operated by counties and cities are public records

within the meaning of this Chapter. The county or city shall

provide public access to such systems by public access terminals

or other output devices. Upon request, the county or city shall

furnish copies, in documentary or electronic form, to anyone

requesting them at reasonable cost. As a condition of furnishing

an electronic copy, whether on magnetic tape, magnetic disk,

compact disk, or photo-optical device, a county or city may

require that the person obtaining the copy agree in writing that

the copy will not be resold or otherwise used for trade or

commercial purposes. For purposes of this section, publication or

broadcast by the news media, real estate trade associations, or

Multiple Listing Services operated by real estate trade

associations shall not constitute a resale or use of the data for

trade or commercial purposes and use of information without

resale by a licensed professional in the course of practicing the

professional's profession shall not constitute use for a

commercial purpose. For purposes of this section, resale at cost

by a real estate trade association or Multiple Listing Services

operated by a real estate trade association shall not constitute

a resale or use of the data for trade or commercial purposes.

(1995, c. 388, s. 5; 1997-193, s. 1.)

Article 7.

The Privacy of State Employee Personnel Records.

§ 126-22. Personnel files not subject to inspection under §

132-6.

Personnel files of State employees, former State

employees, or applicants for State employment shall not be

subject to inspection and examination as authorized by G.S. 132-

6. For purposes of this Article, a personnel file consists of any

information gathered by the department, division, bureau,

commission, council, or other agency subject to Article 7 of this

Chapter which employs an individual, previously employed an

individual, or considered an individual's application for

employment, or by the office of State Personnel, and which

information relates to the individual's application, selection or

nonselection, promotions, demotions, transfers, leave, salary,

suspension, performance evaluation forms, disciplinary actions,

and termination of employment wherever located and in whatever

form. Personnel files of former State employees who have been

separated from State employment for 10 or more years may be open

to inspection and examination except for papers and documents

relating to demotions and to disciplinary actions resulting in

the dismissal of the employee. (1975, c. 257, s. 1; 1977, c. 866,

s. 9.)

Each department, agency, institution, commission and

bureau of the State shall maintain a record of each of its

employees, showing the following information with respect to each

such employee: name, age, date of original employment or

appointment to the State service, current position, title,

current salary, date and amount of most recent increase or

decrease in salary, date of most recent promotion, demotion,

transfer, suspension, separation, or other change in position

classification, and the office or station to which the employee

is currently assigned. Subject only to rules and regulations for

the safekeeping of the records, adopted by the State Personnel

Commission, every person having custody of such records shall

permit them to be inspected and examined and copies thereof made

by any person during regular business hours. Any person who is

denied access to any such record for the purpose of inspecting,

examining or copying the same shall have a right to compel

compliance with the provisions of this section by application to

a court of competent jurisdiction for a writ of mandamus or other

appropriate relief. (1975, c. 257, s. 1; c. 667, s. 2.)

All other information contained in a personnel file is

confidential and shall not be open for inspection and examination

except to the following persons:

(1) The employee, applicant for employment, former

employee, or his properly authorized agent, who may

examine his own personnel file in its entirety

except for (i) letters of reference solicited prior

to employment, or (ii) information concerning a

medical disability, mental or physical, that a

prudent physician would not divulge to a patient. An

employee's medical record may be disclosed to a

licensed physician designated in writing by the

employee;

(2) The supervisor of the employee;

(3) Members of the General Assembly who may inspect and

examine personnel records under the authority of

G.S. 120-19;

(4) A party by authority of a proper court order may

inspect and examine a particular confidential

portion of a State employee's personnel file; and

(5) An official of an agency of the federal government,

State government or any political subdivision

thereof. Such an official may inspect any personnel

records when such inspection is deemed by the

department head of the employee whose record is to

be inspected or, in the case of an applicant for

employment or a former employee, by the department

head of the agency in which the record is maintained

as necessary and essential to the pursuance of a

proper function of said agency; provided, however,

that such information shall not be divulged for

purposes of assisting in a criminal prosecution, nor

for purposes of assisting in a tax investigation.

Notwithstanding any other provision of this Chapter, any

department head may, in his discretion, inform any person or

corporation of any promotion, demotion, suspension,

reinstatement, transfer, separation, dismissal, employment or

nonemployment of any applicant, employee or former employee

employed by or assigned to his department or whose personnel file

is maintained in his department and the reasons therefor and may

allow the personnel file of such person or any portion thereof to

be inspected and examined by any person or corporation when such

department head shall determine that the release of such

information or the inspection and examination of such file or

portion thereof is essential to maintaining the integrity of such

department or to maintaining the level or quality of services

provided by such department; provided that prior to releasing

such information or making such file or portion thereof available

as provided herein, such department head shall prepare a

memorandum setting forth the circumstances which the department

head deems to require such disclosure and the information to be

disclosed. The memorandum shall be retained in the files of said

department head and shall be a public record. (1975, c. 257, s.

1; 1977, c. 866, s. 10; 1977, 2nd Sess., c. 1207.)

An employee, former employee or applicant for employment

who objects to material in his file may place in his file a

statement relating to the material he considers to be inaccurate

or misleading. An employee, former employee or applicant for

employment who objects to material in his file because he

considers it inaccurate or misleading may seek the removal of

such material from his file in accordance with the grievance

procedure of that department, including appeal to the State

Personnel Commission. When a department, division, bureau,

commission, or other agency agrees or is ordered by the State

Personnel Commission or by the General Court of Justice of this

State to remove inaccurate or misleading material from an

employee's file, which information was placed in the file by the

supervisor or other agent of management, it shall destroy the

original and all copies of the material removed and may not

retain any inaccurate or misleading information derived from the

material removed. (1975, c. 257, s. 1; c. 667, s. 2; 1977, c.

866, s. 11; 1985, c. 638.)

The State Personnel Commission shall prescribe such rules

and regulations as it deems necessary to implement the provisions

of this Article. (1975, c. 257, s. 1; c. 667, s. 2.)

Any public official or employee who shall knowingly and

willfully permit any person to have access to or custody or

possession of any portion of a personnel file designated as

confidential by this Article, unless such person is one

specifically authorized by G.S. 126-24 to have access thereto for

inspection and examination, shall be guilty of a Class 3

misdemeanor and upon conviction shall only be fined in the

discretion of the court but not in excess of five hundred dollars

($500.00). (1975, c. 257, s. 1; 1993, c. 539, s. 934; 1994, Ex.

Sec. 99.2 What is the purpose of these regulations?

The purpose of this part is to set out requirements for the protection of privacy of parents and students under Sec. 444 of the General Education Provisions Act, as amended.

[61 FR 59295, Nov. 21, 1996.]

Sec. 99.3 What definitions apply to these regulations?

The following definitions apply to this part:

"Act" means the Family Educational Rights and Privacy Act of 1974, as amended, enacted as Sec. 444 of the General Education Provisions Act.

"Attendance" includes, but is not limited to:

(a) Attendance in person or by correspondence; and

(b) The period during which a person is working under a work-study program.

"Directory information" means information contained in an education record of a student which would not generally be considered harmful or an invasion of privacy if disclosed. It includes, but is not limited to the student's name, address, telephone listing, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, and the most recent previous educational agency or institution attended.

(Authority: 20 U.S.C. 1232g(a)(5)(A))

"Disclosure" means to permit access to or the release, transfer, or other communication of personally identifiable information contained in education records to any party, by any means, including oral, written, or electronic means.

(Authority: 20 U.S.C. 1232g(b)(1))

"Educational agency or institution" means any public or private agency or institution to which this part applies under Sec. 99.1(a).

(Authority: 20 U.S.C. 1232g(a)(3))

"Education records"

(a) The term means those records that are:

(1) Directly related to a student; and

(2) Maintained by an educational agency or institution or by a party acting for the agency or institution.

(b) The term does not include:

(1) Records of instructional, supervisory, and administrative personnel and educational personnel ancillary to those persons that are kept in the sole possession of the maker of the record, and are not accessible or revealed to any other person except a temporary substitute for the maker of the record;

(2) Records of a law enforcement unit of an educational agency or institution, but only if education records maintained by the agency or institution are not disclosed to the unit, and the law enforcement records are:

(i) Maintained separately from education records;

(ii) Maintained solely for law enforcement purposes; and

(iii) Disclosed only to law enforcement officials of the same jurisdiction;

(3)(i) Records relating to an individual who is employed by an educational agency or institution, that:

(A) Are made and maintained in the normal course of business;

(B) Relate exclusively to the individual in that individual's capacity as an employee; and

(C) Are not available for use for any other purpose.

(ii) Records relating to an individual in attendance at the agency or institution who is employed as a result of his or her status as a student are education records and not excepted under paragraph (b)(3)(i) of this definition.

(4) Records on a student who is 18 years of age or older, or is attending an institution of postsecondary education, that are:

(i) Made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his or her professional capacity or assisting in a paraprofessional capacity;

(ii) Made, maintained, or used only in connection with treatment of the student; and

(iii) Disclosed only to individuals providing the treatment. For the purpose of this definition, "treatment" does not include remedial educational activities or activities that are part of the program of instruction at the agency or institution; and

(5) Records that only contain information about an individual after he or she is no longer a student at that agency or institution.

(Authority: 20 U.S.C. 1232g(a)(4))

"Eligible student" means a student who has reached 18 years of age or is attending an institution of postsecondary education.

(Authority: 20 U.S.C. 1232g(d))

"Institution of postsecondary education" means an institution that provides education to students beyond the secondary school level; "secondary school level" means the educational level (not beyond grade 12) at which secondary education is provided as determined under State law.

(Authority: 20 U.S.C. 1232g(d))

"Parent" means a parent of a student and includes a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or a guardian.

"Party" means an individual, agency, institution, or organization.

(Authority: 20 U.S.C. 1232g(b)(4)(A))

"Personally identifiable information" includes, but is not limited to:

(a) The student's name;

(b) The name of the student's parent or other family member;

(c) The address of the student or student's family;

(d) A personal identifier, such as the student's social security number or student number;

(e) A list of personal characteristics that would make the student's identity easily traceable; or

(f) Other information that would make the student's identity easily traceable.

"Record" means any information recorded in any way, including, but not limited to, handwriting, print, computer media, video or audio tape, film, microfilm, and microfiche.

"Secretary" means the Secretary of the U.S. Department of Education or an official or employee of the Department of Education acting for the Secretary under a delegation of authority.

"Student," except as otherwise specifically provided in this part, means any individual who is or has been in attendance at an educational agency or institution and regarding whom the agency or institution maintains education records.