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NORTH CAROLINA GENERAL STATUES

Chapter 132.
Public Records.
§ 132-1. "Public records" defined.
(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; public
enterprise billing information; Address Confidentiality
Program 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.
(c) Public Enterprise Billing Information. - Billing
information compiled and maintained by a city or county or other
public entity providing utility services in connection with the
ownership or operation of a public enterprise is not a public
record as defined in G.S. 132-1. Nothing contained herein is
intended to limit public disclosure by a city or county of
billing information:
(i) that the city or county determines will be useful
or necessary to assist bond counsel, bond
underwriters, underwriters' counsel, rating
agencies or investors or potential investors in
making informed decisions regarding bonds or other
obligations incurred or to be incurred with respect
to the public enterprise;
(ii) that is necessary to assist the city, county,
State, or public enterprise to maintain the
integrity and quality of services it provides; or
(iii) that is necessary to assist law enforcement,
public safety, fire protection, rescue, emergency
management, or judicial officers in the performance
of their duties.
As used herein, "billing information" means any record or
information, in whatever form, compiled or maintained with
respect to individual customers by any owner or operator of a
public enterprise, as defined in G.S. 160A-311 and G.S.
153A-274, or other public entity providing utility services,
relating to services it provides or will provide to the
customer.
(d) Address Confidentiality Program Information. - The actual
address and telephone number of a program participant in the
Address Confidentiality Program established under Chapter 15C of
the General Statutes is not a public record within the meaning
of Chapter 132. The actual address and telephone number of a
program participant may not be disclosed except as provided in
Chapter 15C of the General Statutes. (1975, c. 662; 1993, c.
485, s. 38; 1995 (Reg. Sess., 1996), c. 646, s. 21; 2001-473, s.
1; 2002-171, s. 7.)

§ 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.
(3) Reveals a document, file number, password, or any
other information maintained by the Secretary of
State pursuant to Article 21 of Chapter 130A of the
General Statutes. (1989, c. 269; 1991, c. 745, s.
3; 1999-434, s. 7; 2001-455, s. 2; 2001-513, s.
30(b).)

§ 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.)

§ 132-1.6. Emergency response plans.
Emergency response plans adopted by a constituent
institution of The University of North Carolina, a community
college, or a public hospital as defined in G.S. 159-39 and the
records related to the planning and development of these
emergency response plans are not public records as defined by
G.S. 132-1 and shall not be subject to inspection and
examination under G.S. 132-6. (2001-500, s. 3.1.)

§ 132-1.7. Sensitive public security information.
Public records, as defined in G.S. 132-1, shall not
include information containing specific details of public
security plans and arrangements or the detailed plans and
drawings of public buildings and infrastructure facilities.
Information relating to the general adoption of public security
plans and arrangements, and budgetary information concerning the
authorization or expenditure of public funds to implement public
security plans and arrangements, or for the construction,
renovation, or repair of public buildings and infrastructure
facilities shall be public records. (2001-516, s. 3.)

§ 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.
(c) Employment Security Commission Records. - Notwithstanding
subsection (a) of this section and G.S. 121-5, when a record of
the Employment Security Commission has been copied in any
manner, the original record may be destroyed upon the order of
the Chairman of the Employment Security Commission. If a record
of the Commission 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 Chairman
of the Employment Security Commission. (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; 2001-115, s. 2.)

§ 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 Office 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;
2002-159, s. 35(i).)

§ 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.)