By Craig Jackson – Published April 3, 2024

In North Carolina, the Public Records Law (NCGS § 132) ensures that citizens have the right to access public records held by state and local government agencies. However, navigating the process of submitting public records requests can sometimes be challenging. Understanding the submission requirements and your rights as a requester is essential to ensure transparency and accountability in government operations.

In recent times, there has been a growing reliance on digital platforms and portals for submitting public records requests. While these tools can streamline the process and provide greater efficiency in handling requests, it’s crucial to remember that they should not serve as barriers to access or undermine the rights of citizens.

A recent email from Samantha Evans, a Records Clerk with Currituck County, highlights the importance of understanding the balance between utilizing digital platforms and upholding the principles of transparency and accountability. In her email, Evans emphasized the use of a specific portal for submitting public records requests, citing reasons such as maintaining timelines, tracking the status of requests, and ensuring accountability.

However, Evans’ email also suggested that requests made outside of the portal might receive lesser responsiveness, and could even be lost in the system. This assertion raises concerns about the potential for unequal treatment of requests based on the method of submission, which could undermine the principles of fairness and equal access to public information.

While the use of a portal may offer benefits in managing public records requests, it’s essential to recognize that public records statutes do not prescribe a specific format for submitting requests. According to North Carolina law, public record requests must be accepted in any form, including written requests via email, mail, fax, or in-person submissions. Insisting on the use of a particular portal as the sole method of submission could potentially restrict access and hinder the public’s ability to exercise their rights under the statute.

As citizens, it’s crucial to be aware of our rights when requesting public records and to hold government agencies accountable for fulfilling their obligations under the statute. While digital platforms can offer efficiency and convenience, they should not be used to impede access to public information or circumvent statutory requirements.

Navigating public records requests in North Carolina requires an understanding of both the submission requirements and the principles underlying the statute. While digital tools can enhance the process, they should not supersede the fundamental right of citizens to access public records. It’s imperative for government agencies to uphold transparency, accountability, and compliance with statutory obligations, ensuring that the public’s right to know is respected and upheld.

North Carolina’s Attorney General published the North Carolina Open Government Guide (below) to assist both the public and those responsible to the public.