FAQ's
What is a public record?
Chapter 132 of the North Carolina General Statutes defines and governs public records in North Carolina. (NCGS § 132-1)
A "public record" refers to any record created or received in conducting Town business, in whatever format, including but not limited to paper, photographs, recordings, emails or digital images, unless an exception applies under federal or state law.
North Carolina law does not require the Town to respond to a request for a public record by creating or compiling a record that does not exist.
What records are exempt from the Public Records Law?
All records maintained by the Town of Mooresville are public unless they are exempt from disclosure under federal or state law. If a records request is denied, the Town will cite the appropriate law that allows the Town to withhold the record.
Exempted records include but are not limited to:
- Confidential communications from an attorney to a client within the scope of the attorney-client relationship as defined in NCGS 132-1.1.
- Criminal investigation records and records of criminal intelligence information, as provided in NCGS 132-1.4 (active and closed investigations.)
- Sensitive public security information, including specific details of public security plans and arrangements, detailed plans and drawings of public buildings and infrastructure facilities, and certain plans to prevent and respond to terrorist activity, as provided in NCGS 132-1.7 and technology security information.
- Records of minors per NCGS 132-1.4, 132-1.12 and 7B-2901.
- All information contained in Town employees' personnel files maintained by the Town is confidential in accordance with NCGS 160A-168, except information specified to be a matter of public record, such as name, age, dates of employment, current position title and current compensation. These rules apply to personnel information for applicants, current employees and former employees.
- Social security numbers and personal "identifying information" is confidential and unlawful to disclose to the public. In addition to social security numbers, "personal identifying information" includes: employer taxpayer identification numbers; drivers' license numbers, passport numbers; checking, savings, credit and debit account numbers; personal identification code (PIN) numbers used to access financial resources; digital signatures; and other numbers or information that can be used to access a person's financial resources; biometric data; fingerprints; and passwords; all as provided in NCGS 132-1.10, NCGS 75-61 and NCGS 14-113.20.
- Trade secrets and electronic payment account numbers are protected as set forth in NCGS 132-1.2. (Note that to protect a "trade secret" detailed requirements must be met.)
- The seal of an architect, engineer or land surveyor when that seal has been submitted for project approval under Part 5 of Article 19, Chapter 160A (Building Inspections) as set forth in NCGS 132-1.2.
- Certain economic development incentives are temporarily protected, but the Town must make certain prior disclosures to applicants, as provided in NCGS 132-1.11 and NCGS 132-6(d).
- Closed session meeting minutes that are deemed protected under NCGS 143-318.10(e).
- Water & sewer customer billing information (GS 132.1.1 and GS 132.1.2(2).
What if I only have a question or want general information?
General questions or requests for information are not typically Public Record Requests. The Town of Mooresville is not required to create new records, collect or analyze information, or conduct legal research under the N.C. Public Records Law. If you have general questions or would like more information about the Town of Mooresville that you can't locate on our website, call (704) 663-3800.
May I request to inspect a record rather than get a copy?
A requestor may ask to inspect Town records. The Town will notify the requestor once the records are available for inspection, and make them available at a date and time mutually agreed upon by the requestor and the Town during normal business hours (8:30 a.m. - 5:00 p.m, Monday through Friday, excluding holidays). The Town may set parameters for how inspections occur to protect those records, to not disrupt Town operations, or where the original documents include protected or confidential information. The appointment to inspect the record also may need to be broken into intervals.
How do I request a copy of a public document?
On our Transparency & Accountability webpage, click on Request a Public Record; then click on the link for a Town, Police or Fire record; then click Make Request and type in what record you are requesting. NextRequest provides a more reliable and simpler online public record request process, eliminating the need for requests to be sent via email or through PDF forms. It also allows requests to be tracked and ensures they will not get missed or overlooked.
The best part is that requestors can now download their documents as a PDF from their own NextRequest online portal. This feature allows easy transfer or larger files and eliminates the hassle of receiving CDs via snail mail.
What information should I provide to help the Town fulfill my request?
- Requestor's name, address, email address and telephone number
- A complete description of the record or records requested
- the names of individuals involved
- any keywords that may be helpful in locating records
- the date or dates the search for records should use as a starting and ending point.
How much does it cost to obtain public records?
Most records are provided free of charge. However, requestors will be notified in advance of any charges. The Town of Mooresville may make reasonable charges not to exceed its actual cost incurred in accessing, duplicating, supplying, or searching for the requested records. Fees may also be charged at an hourly rate where the request involves extensive clerical or supervisory assistance or extensive use of information technology resources. A deposit may be required before the Town will conduct a records search. All fees must be paid in full before records will be released.
When will I receive a response to my public record request?
You will receive a response within a reasonable amount of time.
The Town will respond in one of several ways:
- For very simple requests, the Town will provide the records (or a link to the portion of our website that contains the records).
- Request clarification if the request is unclear or overly broad.
- Provide a reasonable estimate of time that it will take to produce the records (if the documents are not readily available).
- Give you estimated timeframes for delivery of large requests. The Town may have to produce the records on a partial or installment basis. The Town will also provide the estimated timeframes for each incremental delivery as we work through your request.
- Deny the request in whole or in part when legal exemptions apply. The Town may either withhold the requested records or redact the exempt documents and will include an explanation of reasons for the exemption.