How to file a foia request in north carolina

Page Content 2. All records maintained by the City of Charlotte are available for public inspection unless specifically exempted by law. Although most information the City of Charlotte houses is public and subject to disclosure, some information is considered protected. For example, we are obligated to protect such things as: sensitive public security information, components of personnel files, tax information, and social security numbers.

Please be aware that the public records policy does not require the City to do research, analyze data or create a record that does not currently exist. The City of Charlotte is committed to an open and transparent government. As a rule, we respond to all requests for information as quickly as possible and strive to communicate a realistic time frame.

See N. The term "public record" refers to all documents, papers, letters, maps, books, photographs, films, sound recordings, tapes, or electronic data made or received in connection with the transaction of public business by any agency of North Carolina.

An agency may refuse disclosure of the requested records if one or more of the following statutory exemptions applies:. This list is not a complete list of the occasions when an agency may refuse disclosure. There are numerous narrow exceptions to North Carolina's public records law as well.

You can generally request records via telephone, fax, mail, or in person. However, agencies may require that the requests be written. Although you may direct your request to any employee within the agency, the custodian of public records is officially in charge of access to public records N.

Therefore, you may want to contact the custodian directly if possible. Try to make your request as specific as possible so the custodian of public records can easily find the document you are seeking.

You may choose to simply inspect the records during the agency's business hours, or you may request that the agency provide you with copies of the records.

If you want the records in a specific format such as CD-ROM , make sure to specify the format in your request. The law requires that the agency provide the records "in any and all media in which the public agency is capable of providing them.

Note that the law only applies to existing documents. The law does not require the custodian of public records to create a record in response to your request. Trade secrets may include formulas, patterns, programs, devices, compilations of information, methods, techniques, or processes.

For information to be considered a trade secret, the efforts to maintain its secrecy must be reasonable under the circumstances. For trade secret information to be exempt from disclosure by a public agency, the information must meet the statutory definition of a trade secret. The information must also be furnished to the agency through a business transaction with the agency for example, performance of a contract or making of a bid, application, or proposal , or furnished to the agency in compliance with laws or regulations.

Settlement documents in most lawsuits involving state and local governments are public records. Settlement documents include settlement agreements, settlement correspondence, consent orders, documents dismissing or ending the proceeding, and payment documents such as checks or bank drafts.

A public agency may not enter into a settlement that includes a requirement that the settlement be kept confidential. Another exception applies to settlements of medical malpractice actions against hospital facilities.

Those settlement documents are not public records. Parties settling these actions may agree that the terms of the settlement are confidential. Criminal investigation records are not public records. This includes criminal investigation records compiled by prosecutors and law enforcement agencies as they are attempting to prevent or solve violations of criminal law, as well as criminal intelligence information compiled by law enforcement agencies in an effort to anticipate, prevent or monitor possible violations of criminal law.

Records of investigations conducted by the North Carolina Innocence Inquiry Commission and records prepared in connection with a criminal investigation by the State Crime Lab are not public records. Law enforcement agencies have the ability to release criminal investigative records at their discretion and a court can order their release.

Generally, these records are public unless disclosure would frustrate the purpose for which the records were created. This means that the agency with these records may withhold the records from public inspection if public knowledge of the records would interfere with negotiations or deter a business from locating or expanding in the state. When there is no longer a danger that releasing the records might prevent the project from materializing, the agency must then release the records for inspection.

Once a business has selected a specific location to locate or expand in the state, local government must disclose the relevant public records. Once a state or local government or specific business has communicated a commitment, or a decision by the State or local government has been announced, the government agency shall disclose as soon as practicable — and within 25 business days — public records requested for the announced project.

The written report of an autopsy is a public record, available for inspection and copying upon demand. Autopsy photos may be inspected upon demand, but not copied without obtaining a court order.

Emergency response plans and public security plans are not public records. The following are public records: 1 information relating to the general adoption of public security plans and arrangements; 2 budgetary information concerning the authorization or expenditure of public funds to implement public security plans and arrangements; 3 budgetary information concerning the construction, renovation or repair of public buildings and infrastructure facilities.

Social Security numbers are not subject to disclosure. The law also entitles any person whose identifying information as defined in the statute is listed on a public record displayed on an Internet website available to the general public to request that the Register of Deeds, Secretary of State, or Clerk of Court remove that information from their website. NOTE: A public record that contains identifying information cannot be withheld but the identifying information must be redacted before the document is released.

The law states Ethics Board complaints and responses, reports, and other investigative documents are not public record unless a covered person or legislative employee under inquiry requests in writing that the records and findings be made public prior to the time the employing entity imposes public sanctions. Statements of economic interests filed by prospective state employees and written evaluations by the Ethics Board of these statements are not public records until the prospective public servant is appointed or employed by the state.

All other statements of economic interest and all other written evaluations by the Ethics Board of those statements are public records. There are detailed statutes that provide what information is public with regard to most public employees. Hospital employees are treated differently from all others. For non-hospital employees, the public has the right to know: 1 name; 2 age; 3 date of first public employment; 4 terms of any contract, whether written or oral; 5 current position; 6 title; 7 current salary; 8 date and amount of most recent change in salary; 9 date and type of any promotion, demotion or other change in classification; 10 date and reasons for each promotion; 11 date and type of each dismissal, suspension, or demotion for disciplinary reasons including written notice if the dismissal was for disciplinary reasons; and 12 the office or station to which employee is currently assigned.

Salary is more than routine pay encompassing all forms of compensation, including benefits, incentives, and bonuses. Even non-public personnel data can be released under certain circumstances if release is important to maintain public confidence in the governmental institution. DEQ will make every effort to fulfill requests as promptly as possible. Many public records are already available online. How can we make this page better for you? Requesting Public Records.