Asheville PD involved in Rush case records (N.C. Gen. Stat. 160A-168)

Activity:

• April 30, 2018 11:26 am

  5 years ago

  from: Sunshine Request <[email protected]>
  to: Benjamin Fulmer <[email protected]>
  date: Mon, Apr 30, 2018 at 11:26 AM
  subject: Re: [Public Records Request] Records request: Asheville PD involved in Rush case records (N.C. Gen. Stat. 160A-168)

   

  Ben,

   

  Thank you very much for your assistance with this!

   

  Sunshine Request

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  Status: Completed
• March 28, 2018 5:31 pm

  6 years ago

  **Editor’s Note:

   

  Of note,

   

  “Asheville officer involved in beating had suspensions omitted”
  https://www.citizen-times.com/story/news/local/2018/03/28/asheville-officer-involved-beating-had-suspensions-omitted/465904002/

  ---

  Status:
• March 26, 2018 12:44 pm

  6 years ago

  from: Benjamin Fulmer <[email protected]>
  to: Sunshine Request <[email protected]>
  date: Mon, Mar 26, 2018 at 12:44 PM
  subject: Re: [Public Records Request] Records request: Asheville PD involved in Rush case records (N.C. Gen. Stat. 160A-168)

   

  Hello Sunshine,

   

  I have replaced the personnel file in the folder with the correct one. There was a mistake when we compiled this information early in the process and I accidentally uploaded the wrong copy.

   

  Thanks,

   

  Ben Fulmer

  Public Records Officer

  City of Asheville

  City Clerk’s Office

  (828) 259-5631

   

  **Editor’s Note: Please see referenced file at top left in “documents”.

  ---

  Status: Clarification Provided
• March 23, 2018 4:24 pm

  6 years ago

  Hi Ben,

   

  Thank you again for your help.

   

  Upon further inspection, we’ve identified that there is another item of clarification we’d like to request on the sender’s behalf – Specifically, the personnel document details for Christopher Hickman:

   

  On 03/05/18 Resolution 18-58 (Resolution Concurring in the City Manager’s Release of Personnel Information) was approved and signed by the City Clerk, Mayor, and City Attorney. In the interest of maintaining public confidence, this resolution encourages Gary Jackson’s release of certain personnel information related to the Johnnie Rush case, as a matter of public interest and transparency.

   

  The personnel files we received indicate that Hickman resigned, rather than being dismissed – This makes sense, and we do not need additional clarification on that.

   

  However, his file also says that his suspensions or demotions while employed by APD are either Not Applicable (or Not Available). In relation to his involvement in the beating of Mr. Johnnie Rush, several media outlets have claimed that Hickman was suspended at other times over the course of his employment by APD.

   

  For example, on 03/11/18 the New York Times wrote that Hickman 

“… had been suspended in the past, personnel records show” and that “According to personnel records,” he “was hired in 2008 and suspended three years later, in 2011… He was suspended again in October 2017, records show… ‘The suspensions depicted on a public personnel record are disciplinary suspensions, meaning the employee was determined to have committed a violation of policy,’ Christina Hallingse, a spokeswoman for the Asheville Police Department, said… The 2017 suspension was not a result of the episode involving Mr. Rush, she added.”

   

  
https://www.nytimes.com/2018/03/11/us/north-carolina-police-beating.html

   

  Can you please clarify why this info is left out of the file we received? Specifically, we’d like to know was the info. redacted? Or, did he never actually receive suspensions / dismissals? If that is the case, then this information conflicts with what we’ve read in the news. Can you also please clarify whether any of the “promotions” or “transfers” indicated in the file were actually suspensions?

   

  Thank you for your time.
  Have a great afternoon!

   

  Sunshine Request

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  Status: Clarification Requested
• March 22, 2018 4:15 pm

  6 years ago

  Ben,

   

  Thank you very much for your help!

   

  Sunshine Request

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  Status: Completed
• March 22, 2018 2:43 pm

  6 years ago

  from: Benjamin Fulmer <[email protected]>
  to: Sunshine Request <[email protected]>
  date: Thu, Mar 22, 2018 at 2:43 PM
  subject: Re: [Public Records Request] Records request: Asheville PD involved in Rush case records (N.C. Gen. Stat. 160A-168)

   

  Hello Sunshine,

   

  This link should provide all of the requested personnel files.

   

  https://drive.google.com/drive/folders/1vA-C0nlrWQQAhAKRvFWqmjJddbmQr8w6?usp=sharing

   

  —
  Ben Fulmer

   

  Public Records Officer

  City of Asheville

  City Clerk’s Office

  (828) 259-5631

  **Editor’s note: Please see referenced files at top left in “documents”.

  ---

  Status: Response Received from Government
• March 22, 2018 1:37 pm

  6 years ago

  from: Sunshine Request <[email protected]>
  to: City of Asheville Public Records Request <[email protected]>
  date: Thu, Mar 22, 2018 at 1:37 PM
  subject: Records request: Asheville PD involved in Rush case records (N.C. Gen. Stat. 160A-168)

   

  Good Afternoon City of Asheville,

   

  We’ve just received another request via www.sunshinerequest.com for information that may be available in your office.

   

  Here are the details:

   

  Subject:
  “Asheville PD involved in Rush case records (N.C. Gen. Stat. 160A-168)”

   

  Message:
  “Pursuant to N.C. Gen. Stat. 160A-168

   

  I would like the following information about these officers (or former officers) in CSV format – from their hiring by APD to present

   

  Justin Burns
  Colby Davis
  Luis Delgado
  Josh Gibson
  Heaven Mitchell
  Shawn Parker
  Version Ruggeiro
  Charles Sams
  Christopher Hickman
  Lisa Taube
  Douglas Williams

   

  The following information with respect to each city employee is a matter of public record:
  (1) Name.
  (2) Age.
  (3) Date of original employment or appointment to the service.
  (4) The terms of any contract by which the employee is employed whether written or oral, past and current, to the extent that the city has the written contract or a record of the oral contract in its possession.
  (5) Current position.
  (6) Title.
  (7) Current salary.
  (8) Date and amount of each increase or decrease in salary with that municipality.
  (9) Date and type of each promotion, demotion, transfer, suspension, separation, or other change in position classification with that municipality.
  (10) Date and general description of the reasons for each promotion with that municipality.
  (11) Date and type of each dismissal, suspension, or demotion for disciplinary reasons taken by the municipality. If the disciplinary action was a dismissal, a copy of the written notice of the final decision of the municipality setting forth the specific acts or omissions that are the basis of the dismissal.
  (12) The office to which the employee is currently assigned.”

   

  Thank you for your assistance.
  Have a great afternoon!

   

  Sunshine Request

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  Status: Sent to Government
• March 21, 2018 9:23 pm

  6 years ago

  Submitted to Sunshine Request

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  Status: Pending