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North Carolina's public records law is unusually broad. Anything the Town makes or receives in the course of doing public business is a public record, whatever form it takes — paper, email, text messages, spreadsheets, databases, photographs, recordings § 132-1. The record belongs to the people of North Carolina. The Town is only holding it.

Three things people are surprised by:

  • You never have to say why you want it. The Town may not require a statement of purpose, and cannot treat a request differently based on who is asking or what they plan to do with it.
  • You do not have to be a resident, a journalist, or a party to anything.
  • Inspection is free. Fees only attach to copies, and only at actual cost § 132-6.2. If you just want to read something, ask to inspect it.

Writing a request that works

The single biggest reason requests stall is that they are written as questions. A records request is not a question — the Town has no duty to answer questions, explain itself, or create a document that does not already exist § 132-6.2(e). It has a duty to hand over records that exist. So describe documents, not topics.

Stalls

"How much has the Town spent on the parking project, and who approved it?"

Works

"All invoices, purchase orders and contracts relating to the downtown parking project from January 1, 2024 to present."

A useful request usually has four parts: what kind of document, about what, held by whom, over what dates. Missing the date range is the most common way to get a request bounced back as overly broad.

Template

Under the North Carolina Public Records Act, N.C.G.S. Chapter 132, I request copies of the following records:

1. [Type of record — emails, invoices, contracts, reports, text messages]
2. Held by or sent to [department or position, e.g. the Finance Director]
3. Concerning [subject, or specific search terms]
4. Created between [start date] and [end date]

Please provide these in their native electronic format where they exist electronically.

If any portion is withheld, please identify each record withheld and cite the specific statutory exemption relied on.

If fees will exceed $25, please contact me with an itemized estimate before proceeding.

Four phrases worth including every time

  • "In native electronic format." You are entitled to records in the medium they are kept in § 132-6.2(a). A spreadsheet as a spreadsheet is searchable and sortable. The same spreadsheet printed and scanned to PDF is nearly useless, and that conversion happens more often than it should.
  • "Identify each record withheld and cite the exemption." There is no statutory duty to produce an index, but asking creates a written record of what was withheld and on what basis — which is exactly what you need later if you challenge it.
  • "Contact me before incurring fees." Prevents a surprise invoice and gives you a chance to narrow the request instead.
  • Give a date range. Always. It is the difference between a request that gets filled and one that gets called unduly burdensome.

Ask for the index before the documents

When you do not know what exists, requesting the whole subject area invites a slow, expensive answer. Ask instead for the thing that lists the things: a retention schedule, a contract log, a ticket export, a folder listing, an email header index. It is cheap for the Town to produce, it is hard to argue is burdensome, and it tells you exactly what to ask for next.

What the Town can and cannot withhold

Exemptions are narrow and specific. The burden is on the Town to point at one — "internal," "sensitive," "draft," "pre-decisional" and "confidential" are not exemptions in North Carolina, and neither is embarrassment.

Public

  • Emails and text messages about Town business, including on personal devices and accounts
  • Contracts, invoices, purchase orders, credit card charges
  • Budgets, audits, financial statements
  • Calendars, meeting minutes, agendas, staff reports
  • Employee name, age, hire date, position, current salary, and the date and amount of the most recent change in pay
  • Settlement agreements involving public funds

Exempt

  • Most personnel file contents beyond the list at left § 160A-168
  • Criminal investigation records § 132-1.4
  • Attorney-client communications about a claim, for three years § 132-1.1
  • Trade secrets properly designated as such § 132-1.2
  • IT security details § 132-6.1(c)
  • Social security and other identifying numbers § 132-1.10
The three-year clock

The attorney-client exemption is not permanent. Communications about a claim become public three years after the communication was received by the Town. Old legal advice you were once denied may be available now — worth re-requesting rather than assuming.

Two things people ask for that follow different rules

Body-worn and dashboard camera footage is not a public record. It is governed separately § 132-1.4A. People shown or heard in the recording may request to view it, but obtaining a copy requires a superior court order. A Chapter 132 request will not get you footage.

A partial redaction is not a denial. If one paragraph is exempt, the Town must release the rest of the document with that portion removed. Wholesale withholding of a document because part of it is exempt is not permitted.

What it should cost

Inspection is free. For copies, the Town may charge actual cost — meaning direct costs it would not have incurred but for your request, like paper and toner. Staff time is not an actual cost and cannot be billed as one.

There is one exception. If a request requires extensive use of information technology resources or extensive clerical or supervisory assistance, the Town may add a special service charge that must be reasonable and based on actual cost incurred § 132-6.2(b). That word "extensive" is doing real work. A routine request does not qualify, and a special service charge on a request that took an hour is worth questioning in writing.

If a fee looks wrong, ask for it in writing, itemized, with the statutory basis. That single sentence resolves most fee disputes without anything further.

When the answer does not come

The law says records must be produced "as promptly as possible" § 132-6(a). There is no fixed deadline in North Carolina, which is the statute's weakest point and the thing agencies lean on most. Delay is the most common form of denial here, and it is rarely dramatic — a request simply goes quiet.

  1. Keep everything in writing. A phone call leaves no record of what was asked or when. Every deadline argument you might ever make depends on a paper trail you created at the time.
  2. Follow up on a schedule — two weeks, then monthly. Ask for a status and an estimated completion date. Reference your request number every time.
  3. Put the denial in writing. If records are withheld, ask for the specific statutory exemption in writing. Agencies are noticeably more careful once they have to name the provision.
  4. Narrow and re-file. If the objection is burden, a tighter date range or a named custodian often unlocks the same material.
  5. Mediation, then court. A denied requester may seek mediation § 7A-38.3E and file an action to compel disclosure § 132-9. These actions get priority on the court's calendar, and a requester who substantially prevails may recover attorney fees.
If you ever go to court, read this twice

Mediation is mandatory once you file, and it must be initiated within 30 days of the Town's responsive pleading. In Tillett v. Town of Kill Devil Hills, a requester who skipped that step lost — the court held it had no jurisdiction to order the records at all. The case was decided on the procedure, not the merits.

Filing with the Town of Apex

Apex takes requests through a Cognito form. Before you submit, put your wording in a document you keep — the form does not always give you a clean copy of what you sent, and you will want the exact text later.

Note the number the Town assigns you. Every follow-up should reference it.

Submit a request to the Town of Apex

Free to file. No reason required. Keep your own copy of the wording before you send it.

Open the Town's request form Hosted by the Town of Apex on Cognito Forms

This page explains the law in general terms and is not legal advice. Statutes cited: N.C.G.S. §§ 132-1, 132-1.1, 132-1.2, 132-1.4, 132-1.4A, 132-1.10, 132-6, 132-6.1, 132-6.2, 132-9, 160A-168, and 7A-38.3E. If something here looks wrong or out of date, tell us and we will correct it.