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<br />13`Z-1 CH. 132. PUBLIC RECORDS ~ § 13`l-1
<br />un absurdity. Advance I'ublica(ions, Inc.
<br />c. City of Elizabeth City, 53 N.C. App.
<br />~i04, '?81 S.E.'ld 69 119ri I ).
<br />The phrase "pursuant to law or or-
<br />dinance in cunnection with the
<br />transaction of public business"
<br />should include, in addition to those
<br />records required by law, those records
<br />that are kept in carrying out lawful du-
<br />ties. News & Observer Publishing Co. v.
<br />Wake County Hosp. Sys., 55 N.C. App.
<br />1, 284 S.E.2d 542 11981), cert. denied,
<br />305 N.C. 302, 291 S.E.2d 151, appeal
<br />dismissed and cert. denied, 459 U.S. 803,
<br />103 S. Ct. 26, 74 L. Ed. 2d 42 (1982).
<br />"Agency of North Carolina govern-
<br />ment or its subdivisions". - The
<br />phrase "agency of North Carolina gov-
<br />ernment or its subdivisions" in this sec-
<br />tion need be construed only upon the
<br />plain meaning of this section and in the
<br />context of the public records statutes.
<br />News & Observer Publishing Co. v.
<br />Wake County Hosp. Sys., 55 N.C. App.
<br />1, 284 S.E.2d 542 (19811, cert. denied,
<br />305 N.C. 302, 291 S.E.2d 151, appeal
<br />dismissed and cert. denied, 489 U.S. 803,
<br />103 S. Ct. 26, 74 L. Ed. 2d 42 (198') i.
<br />Wake County Hospital System is
<br />an agency of the county under the
<br />North Carolina public records statutes.
<br />News & Observer Publishing Co. v.
<br />Wake County Hosp. Sys., 55 N.C. App.
<br />1, 284 S.E.2d 542 (1981), cert. denied,
<br />305 N.C. 302, 291 S.E.2d 151, appeal
<br />dismissed and cert. denied, 459 U.S. 803,
<br />103 S. Ct. 26, 74 L. Ed. id 42 (1982).
<br />By virtue of the definitions in
<br />?;~~' 143-318.10(b) and 159.39;a), the
<br />Wake County Hospital System is a "pub-
<br />lic body" that must, by law, record set-
<br />llemenl terrtis considered in executive.
<br />sessions. The public has the right to
<br />know the terms of seltlements made by
<br />the system in actions for wrongful ter-
<br />minations of its agreements, since the
<br />funds from which the seltlements were
<br />paid must be considered the county's
<br />funds. News & Observer Publishing Co.
<br />v. Wake County Hoap. Sys., 55 N.C.
<br />App. 1, 284 S.E.2d 542 (1981), cert. de-
<br />nied,305 N.C. 302,291 S.E.2d 151,ap-
<br />peal dismissed and cert. denied, 459 U.S.
<br />803, 103 S. Ct. 26, 74 L. Ed. 2d 42
<br />(1982).
<br />S.B.I. records arq, not public
<br />records and access to them is not avail-
<br />able under the Public Recgrds Act. Ac-
<br />cess to S.B.I. records is controlled en-
<br />tirely by ~ 114-15. News & Observer
<br />Publishing Co. v. State ex rel. Starling,
<br />312 N.C. 276, 322 S.E.2d 133 (1984).
<br />Letter from Engineer Consulting
<br />for City. - A letter received by the
<br />manager of defendant-city from a con-
<br />sulting engineer whom defendant-city
<br />employed to inspect construction work
<br />on additions and modifications to its
<br />water treatment plant is a public record
<br />subject to disclosure. Advance Publica-
<br />tions, lnc. v. City of Elizabeth City, 53
<br />N.C. App. 504, 281 S.E.2d 69 (1981).
<br />Cited in State v. Bellar, 16 N.C. App.
<br />339, 192 S.E.2d 86 (1972); Carnahan v.
<br />Reed, 53 N.C. App. 589, 281 S.E.2d 408
<br />(1981); Housing Auth. v. Montgomery,
<br />55 N.C. App. 422y286 S.E.2d 114 (1982);
<br />North Carolina State Bd. of Registration
<br />for Professional Eng'rs & land Sur-
<br />veyors v. FTC, 615 F. Supp. 1155
<br />(E.D.N.C. 1985).
<br />OPINIONS OF ATTORNEY GENERAL
<br />Police Arrest and Disposition
<br />Records Subject to Public =:xamina-
<br />tion. -See opinion of Attorney General
<br />to Mr. Samuel M. Moore, 41 N.C.A.G.
<br />40? ~ 1971).
<br />Textbook Lists of State Universi-
<br />ties Are Public Records. -See opin-
<br />ion of Attorney General to Mr. J.D.
<br />Wright, North Carolina State [Jniver-
<br />sity at Raleigh, 41 N.C.A.G. 199 X1971).
<br />Applications for Licensure as
<br />Speech and Language Pathologists
<br />and Audiologists Are Public
<br />Records. -See opinion of Attorney
<br />General to Mariana Newton, Phd.,
<br />Chairman, Board of Examiners for
<br />Speech and Language Pathologists and
<br />Audiologists, 45 N.C.A.G. 188 11976).
<br />Municipal Records. and Papers,
<br />Such as Budgets, Bank Statements,
<br />Tax Levies, Utility Accounts, Min-
<br />utes of Meetings, etc., Are Public
<br />Records. -See opinion of Attorney
<br />General to Honorable R.L. Davis, 43
<br />N.C.A.G. 274 (1973).
<br />Sheriff a department investigative
<br />reports and memoranda concerning
<br />investigation o[ crimes are not pub-
<br />lic records within the sense of Chapter.
<br />132 and are not thereby subject to public
<br />inspection. Opinion of Attorney General
<br />to Honorable J. Hubert Haynes, 44
<br />N.C.A.G. 340 (1975).
<br />Copies of Forms Maintained by
<br />Law Enforcement Officers Are Not
<br />Public Records. -The copy of Corm
<br />HP-332 (affidavit form) maintained by
<br />the arresting officer which is completed
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