February 14, 2024 – Compiled from Staff Reports

On February 12, 2024, BlackwaterReports made a public records request seeking handwritten notes taken by county attorney Megan Morgan during her discussions with InsightGlobal. In response to this request, the county has invoked privilege under North Carolina General Statute (NCGS) § 132-1.9, which exempts documents used in trial preparation or anticipated trial.

As per NCGS § 132-1.9(b), a custodian reserves the right to deny access to a public record if it qualifies as trial preparation material. However, if this denial is predicated on the claim that the record was prepared in anticipation of a legal proceeding that has not yet commenced, the custodian is obligated, upon request, to provide a written justification for this assertion. This written justification is intended to clarify why the record is deemed to have been prepared in anticipation of a legal proceeding, thereby warranting the denial of access to the public record.

BlackwaterReports has formally requested this written justification.