Open Meetings & Public Records JOSH LAWSON, PIO TUESDAY, MARCH 31, 2015

AGENDA 1.OPEN MEETINGS 2.PUBLIC RECORDS

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OPEN MEETINGS Chapter 143, Art. 33c (GS §§ – )

PURPOSE Because governmental bodies “exist solely to conduct the people's business, it is the public policy of North Carolina that the hearings, deliberations, and actions of these bodies be conducted openly.” GS §

MANDATE “Each official meeting of a public body shall be open to the public, and any person is entitled to attend such a meeting.” GS § (a)

A MEETING IS... 1.Majority of members 2.Deliberating, hearing, voting, or otherwise transacting business of the public GS § (d)

A MEETING IS NOT... “A social meeting or other informal assembly or gathering... unless called or held to evade the spirit and purposes of this Article.” GS § (d)

KEEPING A RECORD 1.Standard: “full and accurate minutes” 2.Written or recorded (audio/video) 3.Become public records (even for closed sessions, once disclosure would not frustrate the purpose of the closed session) GS § (d)

TYPES OF MEETINGS 1.Regularly Scheduled Meetings 2.Special Meetings 3.Emergency Meetings

NOTICE Required modes of notice differ between types of meetings.

NOTICE Regularly Scheduled Meetings 1.CBE website 2.Principle bulletin board Change: Must be posted at least 7 days before first meeting GS § (a)

NOTICE Special Meetings 1.CBE website 2.Principle bulletin board 3. /mail to notice list (press or public) At least 48 hours before meeting GS § (b)1,2

NOTICE Emergency Meetings 1.Time, place, subject CBE website (only if maintained by CBE) 2. /phone to notice list (press or public) GS § (b)(3) 3.Post it if you can.

SPECIAL NOTE Emergency Meetings 1.“Generally unexpected circumstances that require immediate consideration by the public body.” GS § (f) 2.Only noticed business considered

SPECIAL NOTE Telephonic Meetings 1.Mode of communication does not affect the type of meeting 2.CBE must provide a location at which public can listen-in. GS § (a)

CLOSED SESSION Process 1.Notice and commence a meeting 2.Motion for closed session citing a purpose permitted by statute 3.Majority vote on the motion.

CLOSED SESSION Permissible Purposes (a few) 1.Prevent disclosure of confidential information 2.Preserve privilege (atty/client) 3.Consideration of specific personnel matters (not general personnel policy) 4.Instructing staff to take a particular negotiation position GS §

JUDICIAL REMEDIES 1.Injunctive relief GS § Declaratory relief: Nullify action taken improperly (must be filed within 45 days of notice) GS § A *Court may order losing party to pay (even individual members, unless relied on counsel). GS § B

NOTE ON DIR. OF ELECTIONS Directors of Election are best positioned to ensure that their CBE is ready to deliberate in open meetings and work proactively to ensure CBE stays on the right side of Open Meetings Law.

PUBLIC RECORDS Chapter 132 (GS §§ – 10)

PURPOSE Because public records and public information are “the property of the people.... the people may obtain copies of their public records and public information free or at minimal cost.” GS §

“PUBLIC RECORD” Anything made or received in connection with the transaction of public business, “regardless of physical form or characteristics” GS § 132-1(a)

“PUBLIC RECORD” Physical Form... – Text messages – Voic s – Browsing history – Metadata

NOT “PUBLIC RECORD” Information: Cannot compel creation of a public record. *Redaction isn’t creation: GS § 132-6(b)*

NOT “PUBLIC RECORD” 1.Electronically captured image of an individual's signature 2.Date of birth 3.Drivers license number 4.Personnel records 5.Criminal Investigations 6.Confidential voter addresses

RETENTION Different public records (and even confidential ones) have different retention schedules. GS § bit.ly/CBERetention

PUBLIC ACCESS Provide access to public records upon request “as promptly as possible” without inquiring into the requester’s purpose. GS § 132-6

PUBLIC ACCESS Provide in the medium requested: “No request for copies of public records in a particular medium shall be denied on the grounds that the custodian has made or prefers to make the public records available in another medium.” GS § 132-6

PUBLIC ACCESS Costs It is permissible to charge copying costs and the actual costs of clerical works, so long as the charges are reasonable. But consult with your county attorney. GS § (b)

JUDICIAL REMEDIES Compel disclosure GS § *Court may order losing party to pay (unless CBE relied on AG Opinion, Court Order, or Published Opinion). Can be assessed personally against official if knowingly violated Public Records Law.

PRACTICAL POINTS Consult with your county attorney often. Stay familiar with your county’s preferred manner of handling requests. Be aware of the broader reasons groups may be seeking information SBE staff want to help where possible.

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