(January 2023) Request for Lenoir Community College, in NC: All “full-time” and “part-time” employees and salaries. As of the present day.

Activity:

• February 17, 2023 3:30 pm

  1 year ago

  from: Sunshine Request <[email protected]>
  to: Matthew Sullivan <[email protected]>
  cc: Tasha V Johnson <[email protected]>, Tiffany Holland <[email protected]>
  date: Feb 17, 2023, 3:30 PM
  subject: Re: [EXTERNAL] Re: [EXTERNAL] Re: [EXTERNAL] Records Request: (January 2023) Request for Lenoir Community College, in NC: All “full-time” and “part-time” employees and salaries. As of the present day.

   

  Good Afternoon Matthew,

   

  We are simply requesting electronic copies of electronic records.

   

  I will consider my response, and get back to you as soon as is possible.

   

  Thank you.

   

  ~ The Sunshine Request Team

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  Status: Clarification Provided
• February 1, 2023 1:37 pm

  1 year ago

  from: Matthew Sullivan <[email protected]>
  to: Tasha V Johnson <[email protected]>
  cc: Tiffany Holland <[email protected]>, “[email protected]” <[email protected]>
  date: Feb 1, 2023, 1:37 PM
  subject: Re: [EXTERNAL] Re: [EXTERNAL] Re: [EXTERNAL] Records Request: (January 2023) Request for Lenoir Community College, in NC: All “full-time” and “part-time” employees and salaries. As of the present day.

   

  This firm represents Lenoir Community College. I have been asked to respond to your email and your demand for the production of certain information electronically.

   

  As noted by Mrs. Johnson in her response, the information you requested will be made available as outline in Chapter 126. If you wish to inspect, exam and copy that information, then you may do so as outlined in her response.

   

  It appears that you want to rely upon and focus on Chapter 132. As Mrs. Johnson pointed out and I will reiterate, Chapter 132 is not applicable to your request. It appears that you want to dismiss that out of hand. Lenoir Community College nor I will deviate from Chapter 126. If you can provide a reference under Chapter 126 that permits and authorizes the production of this information in a format different than what my client has offered, then please direct me to that reference. Whether you decide to come to the college to review the information and to which the college will make available is your choice. If you find that inconvenient, that is not of consequences to the College. Furthermore, whether other colleges have deviated from the explicit and undisputed language of Chapter 126 does not dictate Lenoir Community College’s response or actions.

   

  I would again invite you to provide me with the authority under Chapter 126 that requires a response different than the one provided by Lenoir Community College. In the interim, the information will be made available as previously indicated.

   

  Matthew S. Sullivan
  Attorney at Law
  White & Allen. P.A.
  106 S. McLewean Street | P.O. Box 3169 | Kinston, NC 28502
  252.527.8000 x 1244 | Direct Dial: 252.525.6614 | Mobile: 252.526.0781 | [email protected] | www.whiteandallen.com

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  Status: Response Received from Government
• February 1, 2023 11:58 am

  1 year ago

  from: Sunshine Request <[email protected]>
  to: Tasha V Johnson <[email protected]>
  date: Feb 1, 2023, 11:58 AM
  subject: Re: [EXTERNAL] Re: [EXTERNAL] Records Request: (January 2023) Request for Lenoir Community College, in NC: All “full-time” and “part-time” employees and salaries. As of the present day.

   

  Hi Tasha,

   

  Thank you for your reply!

   

  Generally speaking, personnel files are a matter of public record. We do understand though that under 126-22(a) only certain portions of personnel files are public, and we’re also familiar with the other restrictions you’ve outlined in Chapter 126.
  https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_126/gs_126-22.html

   

  However, our records request is for only the public portions of the relevant personnel files. The employee name, hire date, current department / position / title, and salary is information that is widely regarded, and has been consistently produced, to be a part of the public personnel file of community college employees. All of the information we’ve requested is specifically noted in NC GS 126 – 23.
  https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_126/gs_126-23.html

   

  These types of salary records (name of employee, hire date, department / division / position / title, salary) are consistently provided by many other entities in NC, including many community colleges around the state. Many NC community colleges have provided me with this exact info, and fulfilled my requests via email. Just to name a few: Cleveland, Forsyth Technical, Isothermal, Mitchell, Rowan-Cabarrus, Rockingham, Sandhills, Stanly, State of North Carolina Central Piedmont, Wake Technical.
  ———

   

  Additionally – You said that your office is “… not required nor authorized to release this information electronically” ? Can you please clarify how your employee info such as names / salaries is stored and maintained? I do not think it’s impossible for you to provide this information to me electronically, and I’m unaware of any law or policy that prevents Lenoir Community College from doing so.

   

  I’d refer you to the following:
  https://www.ncleg.net/enactedlegislation/statutes/html/bychapter/chapter_132.html

   

  §132-6.2. (a)

  “(a) Persons requesting copies of public records may elect to obtain them in any and all media in which the public agency is capable of providing them. No request for copies of public records in a particular medium shall be denied on the grounds that the custodian has made or prefers to make the public records available in another medium. The public agency may assess different fees for different media as prescribed by law.”

   

  §132-6.2. (e)

  “(e) Nothing in this section shall be construed to require a public agency to respond to a request for a copy of a public record by creating or compiling a record that does not exist. If a public agency, as a service to the requester, voluntarily elects to create or compile a record, it may negotiate a reasonable charge for the service with the requester. Nothing in this section shall be construed to require a public agency to put into electronic medium a record that is not kept in electronic medium. (1995, c. 388, s. 3; 2004-129, s. 38.)”

   

  As I stated in my original request:

   

  “I am not requesting to come in person to inspect, nor to obtain printed copies of, electronic records. In accordance with NC Public Records Law, I’m requesting explicitly that all responsive records be provided via an electronic medium / format (in which the records should already exist), such as an email, file share, google drive folder, mailed flash drive if necessary, etc.”

   

  I do not plan to come in person to look at a computer screen in order to “copy / print / inspect” information that is already available to you in an electronic medium, and I have not requested the records be provided to me in any special format other than how they are already available.

   

  If you’re denying further fulfillment of this request, can you please explicitly state what specific aspects about my original request cannot be fulfilled, and where its denial is justified under NC Public Records Law?

   

  I’ll note this information on our website.

   

  Thank you for your help!

   

  ~ The Sunshine Request Team

  ---

  Status: Clarification Requested
• January 31, 2023 5:01 pm

  1 year ago

  from: Tasha V Johnson <[email protected]>
  to: “[email protected]” <[email protected]>
  date: Jan 31, 2023, 5:01 PM
  subject: RE: [EXTERNAL] Re: [EXTERNAL] Records Request: (January 2023) Request for Lenoir Community College, in NC: All “full-time” and “part-time” employees and salaries. As of the present day.

   

  Good afternoon,

   

  I have received your request for the production of the names, hire dates, current department/division/positions/titles, and current salary for all full-time and part-time employees as of the date the query is performed.

   

  In response to this request, I would direct your attention to North Carolina General Statutes Chapter 126-22 through 126-30. Chapter 132 does not apply to State employees, as noted specifically in G.S. 126-22(a).

   

  Second, the information that you requested will be made available for examination, inspection and copying in the Human Resources Department during its regular business hours from 8:00 a.m. to 5:00 p.m., Monday through Thursday and 8:00 a.m. to 3:00 p.m. on Fridays. The HR Department is located on Lenoir Community College’s main campus in Kinston, NC. The information will not be produced electronically. I would direct your attention to G.S. 126-23(c). Lenoir Community College is not required nor authorized to release this information electronically. Please contact me directly by phone at (252) 527-6223 ext. 397 or email ([email protected]) to arrange a time during regular business hours for the inspection, examination and copying.

   

  Thank you.

  ---

  Status: Response Received from Government
• January 31, 2023 3:06 pm

  1 year ago

  from: Sunshine Request <[email protected]>
  to: [email protected]
  cc: [email protected]
  date: Jan 31, 2023, 3:06 PM
  subject: Re: [EXTERNAL] Records Request: (January 2023) Request for Lenoir Community College, in NC: All “full-time” and “part-time” employees and salaries. As of the present day.

   

  Hello Lenoir Community College, NC (Records Officer),

   

  I’d like to make a public records request for information that may be available in your office.

   

  We first sent this request to Larisa Deaver (CC’d on this email, who we will remove going forward) who told us to contact you to get this request fulfilled.

  Please confirm receipt to let me know the request will begin processing, and if possible, please provide a rough estimate of when the request may be completed. I will plan on following up again in February if I have not heard back before then.

   

  Here are the details of the request:

   

  Subject: (January 2023) Request for Lenoir Community College, in NC: All “full-time” and “part-time” employees and salaries. As of the present day.

   

  Message: “Hello Lenoir Community College (Records Officer),

   

  I’d like to make a public records request for the following information under NC Public Records Law.
  Ref: https://www.ncleg.net/enactedlegislation/statutes/html/bychapter/chapter_132.html

   

  Please provide the names and salaries of ALL current “Full-Time” and “Part-Time” employees, faculty, and staff, at Lenoir Community College, as of the present day (date the query is performed). Please include the following:

   

  A) Name of employee
  B) Original hire date
  C) Current department / division / position / title
  D) Current salary (Hourly Rate for Part-Time Employees)

   

  Ideally, I’d like to receive the responsive records in an Excel format, if possible.

   

  If any / all of this info is already publicly available online, please provide a link to where it can be accessed.

   

  Please Note: I am not requesting to come in person to inspect, nor to obtain printed copies of, electronic records. In accordance with NC Public Records Law, I’m requesting explicitly that all responsive records be provided via an electronic medium / format (in which the records should already exist), such as an email, file share, google drive folder, mailed flash drive if necessary, etc.

   

  **I know that it should be possible to fulfill a records request like this one, as many other community colleges in North Carolina have already done so. However, if you are unable to fulfill any or all parts of this request, please specifically cite where a reason for denial is justified under NC Public Records Law.**
  ——–

   

  I am not required to provide a name or address to associate with a public records request, but in order to move things along I’d like to clarify that this request is being made by:

   

  Sunshine Request
  PO Box 17391
  Asheville, NC 28816

   

  This request has been sent solely from the email address [email protected] . If anyone other than that email address contacts you to pursue a similar request, it did not come from our Team. Please do not commingle or treat that as an alteration or cancellation of our request – We intend to continue to pursue our request.

   

  Please note that by submitting this request, we are NOT committing to pay any potential fees or associated costs related to any request. If it is not possible to process the request without incurring fees, then please let me know the itemized potential cost and explanations, and do not proceed until I can respond.

   

  Thank you for your assistance!”

   

  Thank you!

   

  ** Sunshine Request (www.sunshinerequest.com) makes no claim as to the veracity of any statements or information contained in any of the requests, or public records, we receive.

  ---

  Status: Sent to Government
• January 31, 2023 8:39 am

  1 year ago

  from: Larisa Deaver <[email protected]>
  to: Sunshine Request <[email protected]>
  date: Jan 31, 2023, 8:39 AM
  subject: RE: [EXTERNAL] Records Request: (January 2023) Request for Lenoir Community College, in NC: All “full-time” and “part-time” employees and salaries. As of the present day.

   

  Hi there,

   

  Please contact the Director of Human Resources/Deputy Title IX Coordinator with your request. Her contact info is below:

   

  Tasha Johnson
  Director of Human Resources/Deputy Title IX Coordinator
  Email: [email protected]

   

  Thank you

  ---

  Status: Clarification Provided
• January 30, 2023 1:57 pm

  1 year ago

  from: Sunshine Request <[email protected]>
  to: [email protected]
  date: Jan 30, 2023, 1:57 PM
  subject: Records Request: (January 2023) Request for Lenoir Community College, in NC: All “full-time” and “part-time” employees and salaries. As of the present day.

   

  Hello Lenoir Community College, NC (Records Officer),

   

  I’d like to make a public records request for information that may be available in your office.

   

  If you’re not the appropriate party to contact about the request, please provide the correct name and email address of whom I should send it to.

   

  Please confirm receipt to let me know the request will begin processing, and if possible, please provide a rough estimate of when the request may be completed. I will plan on following up again in February if I have not heard back before then.

   

  Here are the details of the request:

   

  Subject: (January 2023) Request for Lenoir Community College, in NC: All “full-time” and “part-time” employees and salaries. As of the present day.

   

  Message: “Hello Lenoir Community College (Records Officer),

   

  I’d like to make a public records request for the following information under NC Public Records Law.
  Ref: https://www.ncleg.net/enactedlegislation/statutes/html/bychapter/chapter_132.html

   

  Please provide the names and salaries of ALL current “Full-Time” and “Part-Time” employees, faculty, and staff, at Lenoir Community College, as of the present day (date the query is performed). Please include the following:

   

  A) Name of employee
  B) Original hire date
  C) Current department / division / position / title
  D) Current salary (Hourly Rate for Part-Time Employees)

   

  Ideally, I’d like to receive the responsive records in an Excel format, if possible.

   

  If any / all of this info is already publicly available online, please provide a link to where it can be accessed.

   

  Please Note: I am not requesting to come in person to inspect, nor to obtain printed copies of, electronic records. In accordance with NC Public Records Law, I’m requesting explicitly that all responsive records be provided via an electronic medium / format (in which the records should already exist), such as an email, file share, google drive folder, mailed flash drive if necessary, etc.

   

  **I know that it should be possible to fulfill a records request like this one, as many other community colleges in North Carolina have already done so. However, if you are unable to fulfill any or all parts of this request, please specifically cite where a reason for denial is justified under NC Public Records Law.**
  ——–

   

  I am not required to provide a name or address to associate with a public records request, but in order to move things along I’d like to clarify that this request is being made by:

   

  Sunshine Request
  PO Box 17391
  Asheville, NC 28816

   

  This request has been sent solely from the email address [email protected] . If anyone other than that email address contacts you to pursue a similar request, it did not come from our Team. Please do not commingle or treat that as an alteration or cancellation of our request – We intend to continue to pursue our request.

   

  Please note that by submitting this request, we are NOT committing to pay any potential fees or associated costs related to any request. If it is not possible to process the request without incurring fees, then please let me know the itemized potential cost and explanations, and do not proceed until I can respond.

   

  Thank you for your assistance!”

   

  Thank you!

   

  ** Sunshine Request (www.sunshinerequest.com) makes no claim as to the veracity of any statements or information contained in any of the requests, or public records, we receive.

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  Status: Sent to Government
• January 27, 2023 3:27 pm

  1 year ago

  Submitted to Sunshine Request

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  Status: Pending