Other (indicate in message) Submitted: October 9, 2019 | Updated: January 7, 2020

(October 2019) Request for City of Brevard, NC Train Depot documents

Hi City of Brevard, NC,

I'd like to make a public records request for the following information:

All public documents (and including letters, planning documents, emails, agendas, meeting minutes, billing information and financial records) that mention "Train Depot", "Brevard Train Depot", "depot", "Depot" and "Railroad Depot" from 12/01/17 through 10/09/19.

Thank you for your assistance!

Editor’s Note: Sunshine Request makes no claim as to the veracity of any statements or information contained in any of the requests, or public records, we receive.

Status: Clarification Provided

Activity:

  • January 7, 2020 5:05 pm

    3 weeks ago

    from: Michael Pratt <[email protected]>
    to: Sunshine Request <[email protected]>
    cc: Jim Fatland <[email protected]>,
    Jill Murray <[email protected]>
    date: Jan 7, 2020, 5:05 PM
    subject: RE: FW: Records Request for City of Brevard, NC Train Depot documents

     

    To Sunshine Request: It makes no difference whether you are making a request under state or federal law. The policy is the same. The policy is in writing only in emails to you, as far as I know. Any requests that have come to my attention have followed this policy and will continue to do so. I will appreciate your inclusion of the requesting party’s name and contact information in all future requests. This is especially appreciated if you direct a request to someone other than the City Attorney. Thank you.


    Status: Clarification Provided
  • January 7, 2020 4:47 pm

    3 weeks ago

    from: Sunshine Request <[email protected]>
    to: Michael Pratt <[email protected]>
    cc: Jim Fatland <[email protected]>,
    Jill Murray <[email protected]>
    date: Jan 7, 2020, 4:47 PM
    subject: Re: FW: Records Request for City of Brevard, NC Train Depot documents

     

    Hi Michael,

     

    Thank you for your reply!

     

    We’ve reached out to you (via email) on several occasions to clarify the info you’ve requested (RE: “FOIA” and associating a sender’s name with the various Brevard public records requests made through our site). We have provided you with a name and mailing address to use for the purposes of processing the request.

     

    We’re not making a FOIA request, we are making a public records request under NC Public records law NCGS 132.

     

    Additionally, Jill has fulfilled other requests for us in the past without requiring the info you’ve cited, and we’re just wondering if some aspect of Brevard’s request process / policy have been changed in 2019. Most recently you said that this is maybe a policy that you have created? Can you please provide or link us to a copy of that policy or any applicable public policies the City of Brevard has related to making public records requests? We will add this info on our site for our users’ to reference.

     

    At this point though, we have not received confirmation to indicate you have reviewed all of our previous replies / follow ups, so we have restated some of that here:

     

    Nov 22, 2019, 3:38 PM

     

    “Good Afternoon Michael (Jill and Jim CCed),

     

    The following response is related to the request you’ve referenced (October 2019) Request for City of Brevard, NC Train Depot documents

     

    RE: paying for costs to process requests – Sunshine Request (www.sunshinerequest.com) cannot commit to covering the cost of fees associated with public record requests received and sent through our site. If this means that your office will not be able to fulfill the request, kindly let us know. In that case, we will mark the request as “Completed” on our site, and will post all the information you’ve provided, letting the sender know that they should please feel free to reach out to City of Brevard directly if they’d like to pursue the request.

     

    RE: “FOIA requests” – We have addressed this same statement previously in our email to Michael in May 2018, related to other requests we’ve sent in, and have received no additional clarification since then. Can you please specify whether something has recently changed in the request process for the City of Brevard in 2019? Could you please link us to a copy of the policy you’ve referenced? We’ll be sure to add this info on our site for users to reference.

     

    On May 07, 2018 related to one of our first Brevard requests (“Payroll and Benefits Request City of Brevard NC”) submitted April 2018, Michael said:

     

    “As City Attorney for the City of Brevard, I am letting you know that the City does not respond to anonymous FOIA requests. When you submit an FOIA request on behalf of a third party, we require the requesting individual party’s name, address and proof that he or she has executed the request and designated your organization to make the request on his or her behalf. If there is a cost for the copies, we will let you know that before responding to the request, and your organization or the requesting party must agree to pay that cost.”

     

    Our reply on May 25, 2018:

     

    “Michael and Jill,

     

    We have not received a response from Jill related to this Payroll and Benefits request for the City of Brevard that was sent on April 2nd. We assume this is related to Michael’s response about FOIA requests on May 7th. Can you please cite where in the public records law where a name is required? We’re not making a FOIA request, we are making a request under NC Public records law NCGS 132. Under NCGS 132 there is no provision that requires an individual to provide a name or address with a public records request. That being said, if it will help speed along the request we are happy to give a name and address––you can consider that this request is on behalf of Patrick Conant, who is the director of Sunshine Request. His address is PO Box 17391, Asheville NC, 28816. Please confirm that you will now process this request.”

     

    Michael – Please apply our email response in May to the above referenced request (October 2019) Request for City of Brevard, NC Train Depot documents and kindly let us know whether the request will be processed or denied. This is not a FOIA request we’re making, but is an NC Public Records request under NCGS 132.

     

    Thank you for your assistance.
    Have a great weekend!
    Sunshine Request”


    Status: Clarification Requested
  • January 6, 2020 11:50 am

    3 weeks ago

    from: Michael Pratt <[email protected]>
    to:[email protected]” <[email protected]>
    cc: Jim Fatland <[email protected]>,
    Jill Murray <[email protected]>
    date: Jan 6, 2020, 11:50 AM
    subject: FW: Records Request for City of Brevard, NC Train Depot documents

     

    To Sunshine Request: I apologize for the recent delay, as I was out of the office over the Christmas holidays. I thought I had made it clear that the City’s policy, as established by myself as City Attorney, is that the City of Brevard will not respond to an anonymous request. You have indicated that you are making these requests on behalf of another party, and so we need to know the identity and contact information of that party.

     

    In addition, due to an inability to search the City’s entire data bases by computer word-entry search, it is likely that someone will need to come to City Hall and be supervised while searching through documents. If that is necessary, then we will need to determine the cost of having a helper/supervisor assigned to oversee and assist in connection with that search, and arrangements to pay that cost will need to be made.

     

    But before that decision is finalized, we require the identification information noted above.

     

    I hope this response is helpful. Please direct all future correspondence to me. Thank you.

     

    Michael K. Pratt

    City Attorney – Brevard, NC

    RAMSEY & PRATT, P.A.

    Attorneys at Law

    35 North Gaston Street

    Brevard, NC 28712

    Phone: 828-884-4113

    Fax: 828-885-2494

    Our Web Page: www.ramsey-pratt.com

    CONFIDENTIALITY NOTICE: This email is intended for one or more specific recipients. If you have received this email in error, please notify the sender immediately.

    ATTORNEY-CLIENT PRIVILEGE NOTICE: This email may contain information which is subject to the Attorney-Client privilege. If so, the privilege could be waived in the event that its content is shared with anyone not on the intended recipient list.

    LEGAL AND TAX ADVICE NOTICE: You are hereby notified that any legal or tax advice contained in this communication, including any attachments, is not intended to be used to avoid penalties under the Internal Revenue Code or for promoting, marketing or encouraging any party to disregard or fail to comply with any Internal Revenue law or ruling, or any other law or ruling.


    Status: Response Received from Government
  • December 31, 2019 3:17 pm

    4 weeks ago

    from: Sunshine Request <[email protected]>
    to: Michael Pratt <[email protected]>
    cc: Jill Murray <[email protected]>,
    Jim Fatland <[email protected]>
    date: Dec 31, 2019, 3:17 PM
    subject: Re: Records Request for City of Brevard, NC Train Depot documents

     

    Good afternoon Michael,

     

    We’re following up again on our email from 11/22. Please let us know whether you have any questions and if the request is still being processed. Also, if you can provide a timeline for completion, that would be greatly appreciated.

     

    Happy New Year,
    Sunshine Request


    Status: Follow up
  • December 20, 2019 2:52 pm

    1 month ago

    from: Sunshine Request <[email protected]>
    to: Michael Pratt <[email protected]>
    cc: Jill Murray <[email protected]>,
    Jim Fatland <[email protected]>
    date: Dec 20, 2019, 2:52 PM
    subject: Re: Records Request for City of Brevard, NC Train Depot documents

     

    Good afternoon Michael,

     

    We’re following up again on our email from 11/22. Please let us know whether you have any questions and if the request is still being processed. Also, if you can provide a timeline for completion, that would be greatly appreciated.

     

    Thank you!
    Sunshine Request


    Status: Follow up
  • December 6, 2019 4:44 pm

    1 month ago

    from: Sunshine Request <[email protected]>
    to: Michael Pratt <[email protected]>
    cc: Jill Murray <[email protected]>,
    Jim Fatland <[email protected]>
    date: Dec 6, 2019, 4:44 PM
    subject: Re: Records Request for City of Brevard, NC Train Depot documents

     

    Good afternoon Michael,

     

    We’re following up on our email from 11/22. Please let us know whether you have any questions and if the request is still being processed. Also, if you can provide a timeline for completion, that would be excellent.

     

    Thank you!
    Sunshine Request


    Status: Follow up
  • November 22, 2019 3:38 pm

    2 months ago

    from: Sunshine Request <[email protected]>
    to: Michael Pratt <[email protected]>
    cc: Jill Murray <[email protected]>,
    Jim Fatland <[email protected]>
    date: Nov 22, 2019, 3:38 PM

     

    Good Afternoon Michael (Jill and Jim CCed),

     

    The following response is related to the request you’ve referenced (October 2019) Request for City of Brevard, NC Train Depot documents

     

    RE: paying for costs to process requests – Sunshine Request (www.sunshinerequest.com) cannot commit to covering the cost of fees associated with public record requests received and sent through our site. If this means that your office will not be able to fulfill the request, kindly let us know. In that case, we will mark the request as “Completed” on our site, and will post all the information you’ve provided, letting the sender know that they should please feel free to reach out to City of Brevard directly if they’d like to pursue the request.

     

    RE: “FOIA requests” – We have addressed this same statement previously in our email to Michael in May 2018, related to other requests we’ve sent in, and have received no additional clarification since then. Can you please specify whether something has recently changed in the request process for the City of Brevard in 2019? Could you please link us to a copy of the policy you’ve referenced? We’ll be sure to add this info on our site for users to reference.

     

    On May 07, 2018 related to one of our first Brevard requests (“Payroll and Benefits Request City of Brevard NC”) submitted April 2018, Michael said:

     

    “As City Attorney for the City of Brevard, I am letting you know that the City does not respond to anonymous FOIA requests. When you submit an FOIA request on behalf of a third party, we require the requesting individual party’s name, address and proof that he or she has executed the request and designated your organization to make the request on his or her behalf. If there is a cost for the copies, we will let you know that before responding to the request, and your organization or the requesting party must agree to pay that cost.”

     

    Our reply on May 25, 2018:

     

    “Michael and Jill,

     

    We have not received a response from Jill related to this Payroll and Benefits request for the City of Brevard that was sent on April 2nd. We assume this is related to Michael’s response about FOIA requests on May 7th. Can you please cite where in the public records law where a name is required? We’re not making a FOIA request, we are making a request under NC Public records law NCGS 132. Under NCGS 132 there is no provision that requires an individual to provide a name or address with a public records request. That being said, if it will help speed along the request we are happy to give a name and address––you can consider that this request is on behalf of Patrick Conant, who is the director of Sunshine Request. His address is PO Box 17391, Asheville NC, 28816. Please confirm that you will now process this request.”

     

    Michael – Please apply our email response in May to the above referenced request (October 2019) Request for City of Brevard, NC Train Depot documents and kindly let us know whether the request will be processed or denied. This is not a FOIA request we’re making, but is an NC Public Records request under NCGS 132.

     

    Thank you for your assistance.
    Have a great weekend!

     

    Sunshine Request


    Status: Clarification Requested
  • November 19, 2019 2:48 pm

    2 months ago

    from: Michael Pratt <[email protected]>
    to:[email protected]”<[email protected]>
    cc: Jill Murray <[email protected]>,
    Jim Fatland <[email protected]>
    date: Nov 19, 2019, 2:48 PM
    subject: Re: Records Request for City of Brevard, NC Train Depot documents

     

    As City Attorney for the City of Brevard, I am letting you know that the City does not respond to anonymous FOIA requests, nor to other anonymous requests for records. When you submit a request on behalf of a third party, we require the requesting individual party’s name, address and proof that he or she has executed the request and designated your organization to make the request on his or her behalf. If there is a cost for the copies, we will let you know that before responding to the request, and your organization or the requesting party must agree to pay that cost.

     

    Michael K. Pratt
    City Attorney – Brevard, NC


    Status: Response Received from Government
  • November 11, 2019 4:09 pm

    2 months ago

    from: Sunshine Request <[email protected]>
    to: Jill Murray <[email protected]>
    date: Nov 11, 2019, 4:09 PM
    subject: Re: Records Request: (October 2019) Request for City of Brevard, NC Train Depot documents

     

    Good afternoon Jill,

     

    We’re following up again on our previous email response to you from 10/22/19 at 4:23 PM [Re: Records Request: (October 2019) Request for City of Brevard, NC Train Depot documents].

     

    Please let us know if you should have any questions, and whether the request has begun processing. If you could also please provide a rough estimate of when the request will be completed, we would greatly appreciate it and will plan to follow up again around that time.

     

    Thank you!
    Sunshine Request


    Status: Follow up
  • October 30, 2019 12:53 pm

    2 months ago

    from: Sunshine Request <[email protected]>
    to: Jill Murray <[email protected]>
    date: Oct 30, 2019, 12:53 PM

    Hi Jill,

     

    We’re following up on our previous email response to you from 10/22/19 at 4:23 PM [Re: Records Request: (October 2019) Request for City of Brevard, NC Train Depot documents].

     

    Please let us know if you have any questions, and whether the request has begun processing. If you could also please provide a rough estimate of when the request will be completed, we would greatly appreciate it and will plan to follow up again around that time.

     

    Thank you!

     

    Sunshine Request


    Status: Follow up
  • October 22, 2019 4:23 pm

    3 months ago

    from: Sunshine Request <[email protected]>
    to: Jill Murray <[email protected]>
    date: Oct 22, 2019, 4:23 PM
    subject: Re: Records Request: (October 2019) Request for City of Brevard, NC Train Depot documents

     

    Good afternoon Jill,

     

    Thank you for your reply!

     

    RE: FOIA policies – We have addressed this previously in May 2018. Can you please specify whether something has recently changed in the request process for the City of Brevard? Could you please link us to a copy of the policy you’ve referenced? We’ll add this info. for users on our site.

     

    We believe you’re referring to a previous response we received from City Attorney Michael K. Pratt on May 07, 2018 – That email was related to one of our first ever requests (Payroll and Benefits Request City of Brevard NC) submitted to the City of Brevard in April 2018. At that time, Michael said:

     

    “As City Attorney for the City of Brevard, I am letting you know that the City does not respond to anonymous FOIA requests. When you submit an FOIA request on behalf of a third party, we require the requesting individual party’s name, address and proof that he or she has executed the request and designated your organization to make the request on his or her behalf. If there is a cost for the copies, we will let you know that before responding to the request, and your organization or the requesting party must agree to pay that cost.”

     

    Our reply on May 25, 2018:

     

    “Michael and Jill,

     

    We have not received a response from Jill related to this Payroll and Benefits request for the City of Brevard that was sent on April 2nd. We assume this is related to Michael’s response about FOIA requests on May 7th. Can you please cite where in the public records law where a name is required? We’re not making a FOIA request, we are making a request under NC Public records law NCGS 132. Under NCGS 132 there is no provision that requires an individual to provide a name or address with a public records request. That being said, if it will help speed along the request we are happy to give a name and address––you can consider that this request is on behalf of Patrick Conant, who is the director of Sunshine Request. His address is PO Box 17391, Asheville NC, 28816. Please confirm that you will now process this request.”

     

    We did not receive an additional response from Michael regarding this specific question (FOIA), until his reply on June 21, 2018:

     

    “Patrick Conant/Sunshine Request: Ms. Murray is out of the office until June 26. Your request will be processed upon her return, and should be completed within 30 days of that date unless I notify you that more time is needed. I will not know whether the information can be provided in electronic spread sheet format until she returns. Thank you for your request, and for your courtesy and patience.”

     

    Ultimately, you replied on August 03, 2018 with the requested info, completing the request. Since then, your office has helped Sunshine Request complete several other requests. For example:

     

    Aug. 2018 City of Brevard Salary Request

    Sep. 2018 City of Brevard records request follow up

    Oct. 2018 City Of Brevard Independent Contractor rules / ordinances

    Apr. 2019 Log of waiver forms for use of City of Brevard-owned exercise equipment by non-city employees

    May 2019 Trent Humphries 2018 10-99

    May 2019 City Fitness Instructor Usage

    June 2019 Request for payroll info – City of Brevard, NC (07/01/19)

    June 2019 Brevard, NC Police Department Deputy Chief hire info

    Aug. 2019 (July 2019) Request for Brevard, NC Fire Chief expense reports and vehicle info

     

    If our previous response (above) to Michael in May 2018 still meets your policy requirements to begin processing the new request we’ve sent in ((October 2019) Request for City of Brevard, NC Train Depot documents), please confirm and begin processing the request. If possible, please let us know roughly when you estimate completion, and we will wait to follow up again around that time.

     

    Thank you very much for your assistance!
    Sunshine Request


    Status: Clarification Provided
  • October 21, 2019 10:18 am

    3 months ago

    from: Jill Murray <[email protected]>
    to: Sunshine Request <[email protected]>
    date: Oct 21, 2019, 10:18 AM
    subject: RE: Records Request: (October 2019) Request for City of Brevard, NC Train Depot documents

     

    Good Morning,

     

    As previously stated, the City does not respond to anonymous FOIA requests. When you submit an FOIA request on behalf of a third party, we require the requesting individual party’s name, address and proof that he or she has executed the request and designated your organization to make the request on his or her behalf. If there is a cost for the copies, we will let you know that before responding to the request, and your organization or the requesting party must agree to pay that cost.

     

    Sincerely,

     

    Jill


    Status: Response Received from Government
  • October 17, 2019 12:52 pm

    3 months ago

    from: Sunshine Request <[email protected]>
    to: Jill Murray <[email protected]>
    date: Oct 17, 2019, 12:52 PM
    subject: Re: Records Request: (October 2019) Request for City of Brevard, NC Train Depot documents

     

    Good afternoon City of Brevard,

     

    We just wanted to check in on this public records request that we sent in a week ago to confirm that it had been received and was being processed?

     

    Thank you!
    Sunshine Request


    Status: Follow up
  • October 10, 2019 1:35 pm

    3 months ago

    from: Sunshine Request <[email protected]>
    to: Jill Murray <[email protected]>
    date: Oct 10, 2019, 1:35 PM
    subject: Records Request: (October 2019) Request for City of Brevard, NC Train Depot documents

     

    Good afternoon City of Brevard,

     

    We received a new request via www.sunshinerequest.com for information that may be available in your office. If you can also please provide a rough estimate as to when the request will be completed, we will follow up again at that time.

     

    Sunshine Request makes no claim as to the veracity of any statements or information contained in any of the requests, or public records, we receive.

     

    Here are the details:

     

    Subject: (October 2019) Request for City of Brevard, NC Train Depot documents

     

    Message: “Hi City of Brevard, NC,

     

    I’d like to make a public records request for the following information:

     

    All public documents (and including letters, planning documents, emails, agendas, meeting minutes, billing information and financial records) that mention “Train Depot”, “Brevard Train Depot”, “depot”, “Depot” and “Railroad Depot” from 12/01/17 through 10/09/19.

     

    Thank you for your assistance!”

     

    Thank you,
    Sunshine Request


    Status: Sent to Government
  • October 9, 2019 11:34 am

    3 months ago

    Submitted to Sunshine Request
    Status: Pending