Orange County NC Website
os <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 <br />.~• <br /> <br />a~• <br />