FAQs

What is a public record?

Public records are governed by the North Carolina Public Records Law, which deems public records and public information relating to North Carolina government or its subdivisions as property of the people, with certain exceptions.

N.C.G.S. § 132-l(a) defines public records as "all documents, papers, letters, maps, books, photographs, films, sound recordings, magnetic or other tapes, electronic data‑processing records, artifacts, or other documentary material, regardless of physical form or characteristics, made or received pursuant to law or ordinance in connection with the transaction of public business by any agency of North Carolina government or its subdivisions. Agency of North Carolina government or its subdivisions shall mean and include every public office, public officer or official (State or local, elected or appointed), institution, board, commission, bureau, council, department, authority or other unit of government of the State or of any county, unit, special district or other political subdivision of government."

According to N.C.G.S. § 132-6.2(e), nothing in Chapter 132 of the General Statutes “shall be construed to require a public agency to respond to a request for a copy of a public record by creating or compiling a record that does not exist." This Public Records Policy and State law does not require the County to do research, analyze data, or answer written questions.

Who can request public records? Any person may make a public records request.

When will the County fulfill my request?

Within ten (10) business days of receipt of the records request, the County will respond by:

  1. Providing the records in the format requested by the requestor;
  2. If there are no responsive records, providing a written statement that a search was made and no responsive records were located;
  3. If the responsive records are exempted records as defined herein, or pursuant to Chapter 132 of the General Statutes, either denying access to the entire records or providing the records with the exempt information redacted; or
  4. Informing the requestor that more time is needed and providing an estimated deadline for the response. If a response takes longer than ten (10) business days, the County will contact the requestor to provide an update on the request.

Will I be charged for my public record request?

In most cases, public records are reasonably retrievable; however, the County maintains a fee schedule for public records request which defines how charges will be assessed based on the extensiveness of the record and the time necessary to collect the information.

If the request is such as to require extensive use of information technology resources or extensive clerical or supervisory assistance by personnel of Lincoln County, or if producing the record in the medium requested results in a greater use of information technology resources than that established by Lincoln County for reproduction of the volume of information requested, then Lincoln County may charge a special service charge, in addition to the actual cost of duplication. A determination of whether or not the request is extensive shall be determined by the Department Director in consultation with the County Manager. A calculation of the Additional Service Charge shall be determined based on the Lincoln County Administrative Fee Schedule. Fee Schedule can be found here Admin Fee Schedule 2024

How do I dispute the response provided?

If a requestor has a concern or complaint regarding the response sent, the requestor shall file a complaint with the County Manager’s Office within ten (10) business days of fulfillment of the request. The County Manager, or their designee, will review the request, the information provided, and the dispute. A final determination shall be issued by the County Manager, or their designee, within 15 business days of receipt of the appeal. Any determination made hereunder is considered final.