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Dr. Rosemary Summers <br /> Page 2 <br /> September 24, 2002 <br /> state. . . . " Simply put, neither the APS nor its board of <br /> directors are public bodies. Therefore meetings of the APB or <br /> meetings of its board of directors are not covered by the North <br /> Carolina Open Meetings Law. <br /> 2. The North .Carolina Public Records Law defines public <br /> records broadly to include "all documents, papers, letters, <br /> maps, books, photographs, films, sound records, magnetic or <br /> other tapes, electronic data process records, artifacts or other <br /> documentary material regardless of physical form or <br /> characteristics . " However, to be a public record, any of the <br /> identified items must be "made or received. . .by [an) agency of <br /> North Carolina government or its subdivisions." Therefore, an <br /> APB record is a public record only when it is made by or <br /> received by Orange County (or some other State agency or North <br /> Carolina local government) . All other records made or received <br /> by the APB are not public records. <br /> Orange County, if it wishes, can, as a condition of <br /> renewing its contract with APB, require all APB records related <br /> to the County animal shelter be made available to it and thereby <br /> make those records public records . There are policy pros and <br /> cons to such a contractual requirement which should be developed <br /> by APS and County staff and considered by the Board of <br /> Commissioners before such a contract requirement is proposed by <br /> the County. <br /> Very truly yours, <br /> COLEMAN, GLEDRXZL a BARGRAVE, P.C. <br /> eoffrey E. G edhill <br /> GEG/lsg <br /> Esc: Barry Jacobs <br /> Margaret Brown <br /> Moses Carey, Jr. <br /> Alice Gordon <br /> Steve Halkiotis <br /> John M. Link, Jr. <br /> lsg:letters\rsummersapsopentatgslawissua.ltr <br />