Posted on 06/21/2007 9:15:29 AM PDT by bocopar
Every now and then I get an email from a reader that puts a topic into words as good, if not better than I. This is one of those occasions.
Sarge57 sent me an account of a message sent to the "Concerned Duke Faculty", now affectionately known as the "Gang of 88". His letter was impassioned, but never rude or obscene. The response he received was telling....
(Excerpt) Read more at blackandright.mensnewsdaily.com ...
I seldom say this...
My fiancee always gives me grief for being a “skimmer”
Actually, my skin tone is sorta medium mocha, but “black” is good enuf for racial identity purposes. “African American” makes no anthropological sense. (But it’s PC)
I particularly like his " racial grievance industry merchants" -- especially coming from a black man...
Sarge gets it!!!
“My prayer is that good people will refuse to send their sons and daughters to these “prestigious” schools, as there are plenty of excellent colleges and universities out there to choose from these days.”
Consider me and my two, soon to be three, college-aged children an answer to your prayers.
“Elite”, hideously overpriced schools were not even considered as potential destinations. This, as much for the ridiculous, anti-civilisation Leftist nonsense from lazy, cowardly professors as, for the utter and foolish waste of money.
Is Duke subject to the NC Public Records Act? If so, it would be quite interesting to demand all e-mails received by these 88 Faculty members pertaining to the Lacrosse team matter since the AG declared them innocent, and then publish them in the aggregate.
88888888888888888888888888888888888888888888888888888888888888
Public Records: Questions and Answers
North Carolina Department of Justice Attorney General Roy Cooper
1. What is the public policy regarding public records?
The North Carolina General Assembly has declared as a matter of public policy that the public records and public information compiled by
agencies of North Carolina government or its subdivisions are the property of the people.
N.C.G.S. § 132-1(b)
2. What are public records?
Public records are documentary materials that are either made or received by government agencies in North Carolina in carrying on
public business. Public records include 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 characteristic.
N.C.G.S. § 132-1
3. Who may inspect or get copies of public records?
Any person may inspect and get copies of public records.
N.C.G.S. § 132-6
4. To whom should a request for public records be directed?
The Public Records Law does not describe any specific procedure that a person must follow in requesting to inspect public records.
Normally, a request to any employee in a government office is sufficient to get access to records in that office. However, it is the
custodian of public records who is specifically required to allow those records to be inspected. The public official in charge of an
office is designated to be the custodian of records for that office.
N.C.G..S. § 132-2
5. When are public records available for inspection or copying?
The Public Records Law says that inspection and examination of records should be allowed at “reasonable times” and under the
reasonable supervision of the agency. “Reasonable times” is generally understood to mean during regular business hours.
N.C.G.S. § 132-6
6. May citizens request copies of public records in any media available?
If an agency has the capability to provide copies of public records in different kinds of media (for example, in print or on computer disc),
people requesting copies may choose to get copies in any and all the media available. People requesting copies of computer databases
may be required to make their requests in writing.
N.C.G.S. § 132-6.2(c)
7. May an agency charge fees for public records?
Government agencies may not charge fees for inspecting public records. Fees for certifying copies of public records are provided by law.
However, unless otherwise provided by law, no public agency shall charge a fee for an uncertified copy of a public record that exceeds
the actual cost to the public agency of making the copy.
N.C.G.S. § 132-6.2(b)
8. Must a public agency provide information in verbal form? The Public Records Law requires that
government agencies permit people to inspect or get copies of information that is in recorded form. The law does not indicate that
government agencies are required to provide information verbally to people who request it.
N.C.G.S. § 132-6.2(e)
9. What about inspecting or getting copies of records that contain both public and confidential
information?
Some records contain both public and confidential information. Government agencies may not refuse to permit inspection or to provide
copies because public records contain some confidential information. Agencies must permit inspection and provide copies of the public,
non-confidential parts of these records..
N.C.G.S. § 132-6(c)
10. What are the remedies available if an agency refuses to release or disclose a public record?
Any person who is denied access to public records for the purposes of inspection or examination, and any person who is denied copies
of public records, may bring a civil action in court against thegovernment agency or official who is denying access or copies. Courts are
required to set public records suits for immediate hearings and to give hearings of these cases priority over other cases. The court may
order the agency to permit inspection or provide copies if the court determines that the person seeking the records is entitled to them.
N.C.G.S. § 132-9
Note: While the Attorney General’s Office may attempt to mediate disputes involving issues of access to public records, they do not have enforcement
authority. Only a court may enforce this law.
11. Are certain government records exempt from disclosure?
The public records law exempts certain types of records from required disclosure. The law says that records containing certain
communications between attorneys and their government clients, state tax information (N.C.G.S. § 132-1.1), trade secrets (N.C.G.S. §
132-1.2), certain lawsuit settlements (N.C.G.S. § 132-1.3), criminal investigation records (N.C.G.S. § 132-1.4), and records about
industrial expansion (N.C.G.S. § 132-6(d)), are not public records.
Several statutes regulate public disclosure of personnel information of government employees. Although some personnel information is
public (for example, name, age, date of employment, current position, title, current salary, date of most recent salary or position
assignment change and location of current assignment) personnel files of state, county and municipal employees are generally
confidential. See N.C.G.S. §§ 126-22, 153A-98, 160A-168, 115C-321, 115D-29, 122C-158, 130A-42, 131E-97.1, 162A-6.1. These
rules apply to personnel information for applicants, current employees, and former employees.
12. If records containing “criminal investigation” information are not public records, does that
mean that all law enforcement records are confidential?
No. N.C.G.S. § 132-1.4 (a) states that records of criminal investigations conducted by public law enforcement agencies or records of
criminal intelligence information compiled by public law enforcement agencies are not public records. However, unless otherwise
prohibited by law, certain information collected by public law enforcement agencies is public record as defined by the Public Records
Law. For example, the time, date, location and the nature of an apparent violation of the law reported to a public law enforcement
agency, and the name, sex, age, address, employment and alleged violation of law of a person arrested, charged or indicted are public
information.
N.C.G.S. §132-1.4 (c) (1) & (2)
Note: State Bureau of Investigation (S.B.I.) records are not public records and access to them is not available under the Public Records Law. Case law
has held that access to S.B.I. records is controlled entirely by N.C.G.S. § 114-15. Similarly, case law has held that prison records are confidential and
are not subject to inspection by the public or by the inmate involved.
13. Does the Public Records Law cover access to records of federal agencies?
Records of federal agencies in North Carolina are not covered by the Public Records Law. However, in 1966, Congress passed the
Freedom of Information Act (FOIA). The Freedom of Information Act (5 U.S.C. § 552) generally provides that any person has a right,
enforceable in court, of access to federal agency records, except to the extent that such records (or portions thereof) are protected by
one of the nine exemptions or by one to three special law enforcement record exclusions. Persons seeking federal records under FOIA
should contact an agency public information officer. If this informal contact is not successful, a formal written request should be filed.
Appropriate contacts may be determined by calling the agency or by referencing the Federal Register, available in the documents
sections of larger institutional libraries or through the state library.
For more information about open meetings, please contact:
Victims & Citizens Services, NC Attorney General’s Office, PO Box 629, Raleigh, NC 27602-0629 • 919-716-6780
http://www.ncdoj.com/DocumentStreamerClient?directory=Publications&file=PublicRecords.pdf
I made the mistake of getting into a political conversation with a Teamster member today. On the Duke case, this man STILL BELIEVES SOMETHING HAPPENED, and they only were found NOT GUILTY, not innocent, because they were RICH, WHITE (he is also white), and had GOOD LAWYERS. This man has heard NONE of the exculpatory evidence all this time. And yet these same people want to destroy conservative talk radio and censor the Internet becasue a few still hear the truth.
This man is leading a really good life, with all the rewards of any middle class existence, along with his children. I just can’t figure out how he is so brainwashed. Well, I guess I can figure it out.
Like I’ve said before, I hope NO “EXOTIC DANCERS” are EVER HIRED AGAIN! The Duke Lacrosse team WAS naive and foolish, and had a “contemporary” lack of morals at best for hiring Crystal but I doubt they will EVER do that again.
88 Bigots skate without one publicized word of apology.........
If I had been a plaintiff I would have foregone any monetary settlement and demanded a nationwide, televised apology from each and every one of those 88 bigots.........
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