Public Records

We've had a few discussions over the past year or so about public records in North Carolina. Among other things, a public record is pretty much any record made of the public's business.

Here's what North Carolina General Statutes have to say:

"§ 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.)"

Seems pretty clear.

So any record made by a public official in connection with the people's business is a public record. It doesn't matter whether it was made on or with a privately owned piece of equipment, it is a public record. And it must be turned over to the public agency's official custodian of public records.