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Confidentiality of Division Requests and Documents
The confidentiality of the Division's requests, work papers, and draft reports is also available as an Adobe Acrobat (PDF) document.
Documents prepared by and for the Program Evaluation Division staff are confidential and are not public record, unless and until they are offered at a meeting of the Joint Legislative Program Evaluation Oversight Committee or another legislative committee.
When government employees prepare documents in response to requests by Program Evaluation Division staff, the documents are confidential and are not public records. N.C.G.S. 120-131.1(a1). According to N.C.G.S. 120-36.13, these documents become available to the public if they are offered at a joint meeting of a conference committee or they have been distributed at a legislative commission, standing committee, or subcommittee meeting not held in executive session, closed session, or on the floor of a house. N.C.G.S. 120-131(b).
The Program Evaluation Division will only turn over its work papers if they are subpoenaed by a duly authorized court or court official (based on N.C.G.S. 147-64.6(d)) or the Director of the Program Evaluation Division determines another state or federal employee needs them for an official matter, such as a criminal investigation (based on N.C.G.S. 147-64.6(d)).
When an agency prepares a technical and formal response to a preliminary draft report prepared by Program Evaluation Division staff, the agency’s responses are confidential and are not public record. N.C.G.S. 120-131.1(a1). According to N.C.G.S. 120-36.13, the agency’s formal response becomes available to the public only when the report is offered to the Joint Legislative Program Evaluation Oversight Committee or another legislative committee. N.C.G.S. 120-131(b).