A Public Records Refresher And Best Practices
Marissa Jensen, Of Counsel, Cranfill Sumner LLP
&
Jake Stewart, Partner, Cranfill Sumner LLP
With the increasing use of AI by pro se litigants and the ever-changing technological landscape, dealing with a constant stream of public records requests can be daunting for already understaffed municipalities and local government entities. A clear understanding of the North Carolina Public Records Act coupled with best practices will ensure a more efficient, streamlined approach in handling and responding to public records requests, especially in situations involving pro se litigants.
The Basics
Chapter 132 of the North Carolina General Statutes governs public records. N.C.G.S. § 132-1 contains a broad definition of “public records,” which covers “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 the North Carolina government or its subdivisions.”
N.C.G.S. § 132-6 mandates that 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. Moreover, the statute mandates that the entity furnish copies thereof upon payment of any fees prescribed by law. The statute also allows for this requirement to be satisfied by making public records available online in a format that allows a person to view the public record and print or save the public record to obtain a copy. As technology makes these processes more widely available and increases the ability and access to submit public records requests, many governmental and public entities (especially those in metropolitan areas) utilize online platforms to assist in handling public records requests. There are several different popular online platforms available, and these platforms can be extremely helpful in streamlining and standardizing the public records request process, especially when there are multiple parties involved in reviewing and answering requests.
Chapter 132 designates certain items that “shall” be public records and designates others that are not considered public records. Although a complete discussion is beyond the scope of this article, here are some notable designations in Chapter 132:
What is NOT Considered a Public Record?
Records of Criminal Investigations
One of the most notable exceptions to the broad definition of public records, records of criminal investigations are not public records as defined by N.C.G.S. § 132-1. Neither are records of criminal intelligence information compiled by public law enforcement agencies or records of investigations conducted by the NC Innocence Inquiry Commission. The statute further provides, however, that records of criminal investigations or criminal intelligence information may be released by court order.
The statute goes on to carve out several items that “shall” be public records, including the contents of 911 calls received by or on behalf of public law enforcement agencies – except, however, for contents of a 911 call that reveal the natural voice, name, address, telephone number, or other information that may identify the caller, victim, or witness. Under the statute, the contents of 911 calls may be released in the form of a written transcript or altered voice reproduction, provided that the original “shall be provided under process to be used as evidence in any relevant civil or criminal proceeding.”
As of July 9, 2025, this subsection of the statute was expanded to include contents of any 911 call or other emergency telephone call where the caller is less than 18 years of age. Therefore, contents of any 911 or other emergency telephone call where the caller is less than 18 years of age is not a public record within the meaning of the Public Records Act.
Personnel Records
Pursuant to N.C.G.S. § 153A-98, certain information kept in personnel files (listed in subsection (b) of the statute) of county employees is considered public record. However, all other information contained in a county employee’s personnel file is confidential and shall be open to inspection only in several instances enumerated in the statute (listed in subsection (c)). The statute also provides that certain information regarding any sworn law enforcement officer shall not be disclosed to an employee or any other person including information that might identify the residence of a sworn law enforcement officer or emergency contact information. N.C.G.S. § 160A-168 lists similar provisions for employees of cities and towns.
Confidential Communications by Legal Counsel
N.C.G.S. § 132-1.1 provides that attorney-client communications 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 are confidential and not considered public record. This specifically includes written communications (or copies thereof) 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.
Law Enforcement Agency Recordings
Pursuant to N.C.G.S. § 132-1.4A, law enforcement agency recordings are not public records as defined by N.C.G.S. § 132-1. They are also not personnel records as defined in Part 7 of Chapter 126 of the North Carolina General Statutes. Rather, N.C.G.S. § 132-1.4A sets out a specific procedure that dictates release of law enforcement agency recording.
The North Carolina Supreme Court recently addressed this portion of the Public Records Act in State v. Chemuti and ultimately held that criminal defendants in district court cannot compel the release of recordings governed by N.C.G.S. § 132-1.4A through a subpoena. In its opinion, the Court’s analysis focused on statutory interpretation of N.C.G.S. § 132-1.4A, and the Court rejected the rigid interpretation of isolated provisions proffered by the defendant in favor of a reading compelled “by the whole of the statutory text.” As a result of this opinion, it is clear that the procedure laid out in the statue is the exclusive means to obtain law enforcement agency recordings.
Training Materials and Sensitive Public Safety Information
Sensitive public security information is another notable exception to the broad definition of public records under N.C.G.S. § 132-1, and is not considered a public record. Sensitive public security information encompasses a range of items, including: information containing specific details of public security plans and arrangements or the detailed plans and drawings of public buildings and infrastructure facilities, plans, schedules, or other documents that include information regarding patterns or practices associated with executive protection and security, specific security information or detailed plans, patterns, or practices associated with prison or local confinement facilities operations, and specific security information or detailed plans, patterns, or practices to prevent or respond to criminal, gang, or organized illegal activity.
A request for this type of material might include a request for training materials related to software used by a police department for conducting forensic examinations on cell phones. Because law enforcement uses this type of software in conducting criminal investigations, this constitutes not only sensitive public safety information but also potentially records of criminal intelligence information.
Best Practice – Standardized Language, Brevity, and Consistency
Typically, in reviewing public records requests in connection with any given entity, patterns may emerge in terms of frequency and content of certain types of requests. For example, when handling public records requests on behalf of a police or sheriff’s department, frequent requests may surface from criminal defendants (whose cases are in District Court) for items such as 911 calls, criminal reports, and other items that would typically be included in criminal discovery. Counties or municipalities may frequently encounter requests related to certain contracts. For example, requests may be commonly received related to contracts for healthcare or dental services provided to a detention center, meal service in detention centers, or the provision of uniforms to a police department or sheriff’s office. Media outlets and online “watchdog” groups may also commonly request certain statistics from various governmental entities.
Standardized responses tailored to certain recurring fact scenarios can be helpful to ensure requests are handled uniformly and to prevent government entities from having to “reinvent the wheel.” Standardized responses are most efficient when the language is brief, clear, and concise. Although each public records request should be thoroughly analyzed individually, standardized replies can streamline the response process and make the process and procedure more efficient.
Handling public records requests in a consistent manner is also an important best practice. Written policies pertaining to public records request procedures can be helpful to streamline the process and increase efficiency. For example, in an effort to minimize overly burdensome requests, municipalities may put into place policies requiring payment for IT or third party vendors to compile records.
Understanding the basics of Chapter 132 and keeping best practices in mind can aid in making the public records request process smoother for all parties involved.
This article provided by NCADA Government Practice Group
