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City Hall Demonstrating Evasiveness in Answering Freedom of Information Act Inquiries

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RFP Staff

♦ It’s been our experience, the experience of city watchdogs, and apparently the experience of regional and area media that sending in Freedom of Information Request inquiries to the City of Salisbury government runs into obstruction and evasiveness.  We’re not surprised.  We’ve been forewarned by former and present city employees not to expect much for our efforts from a city with a notorious lack of transparency over the last decade.

The Rowan Free Press and watchdog friends are receiving FOIA request replies showing a pattern of either non compliance, partial compliance, and evidence of email deletions.  Such obstructive behavior, on the part of city hall, raises serious red flags about what is being hidden.

The city’s continued lack of compliance on FOIA requests will lead us and others to contact state law enforcement and the state auditors to request a thorough going investigation be conducted.

Below is an email sent to us from former Salisbury Police Department officer Kenny Lane about the resistance he received in attempting to have his FOIA request answered.


RE: July 9 Public Records Request ‏

Kenny Lane (XXX@XXX.com)

To:

Myra Heard (mhear@salisburync.gov); Steve Mensing (XXX@XXX.com)

Ms. Heard,

This is either incomplete or deliberately evasive.  North Carolina General Statue 160A-168  specifically points out information you have neglected to include.  This would include sections (b) (3), (b) (4), (b) (9), (b) (10) and (b) (11).   You stated all other items are confidential.  Are you claiming these items are confidential or is there other reasoning behind?  The statute you’ve quoted as is the very one I am pointing out requires the release of this information. Also, I am still attempting to get copies of the Fuelman/Fleet One cards usage for purchases in South Carolina.  I would like credit card receipts or billing statements, not an Excel spreadsheet made in the office which can list, or omit, anything from the original either deliberately or through oversight.  The originals obviously are available for the information to have been taken off and placed on spreadsheets.  This is the third time I have requested this.  The first request I was given Chief Collin’s credit card receipts (oddly, the originals, not a spreadsheet for this)   I can understand that perhaps my request was misunderstood to be for this card.  The second was very clearly for the Fleetone/ Fuelman card.  I find it unusual the original credit card use, which would be far larger than the Fleetone use, was delivered as copies of the card receipts but the Fleetone is an Excel spreadsheet.

Thank you for your assistance,

Kenny  Lane
xxx@xxxx.com

From: Mhear@salisburync.gov
To:xxx@xxxxx.com

Subject: July 9 Public Records Request
Date: Fri, 25 Jul 2014 18:03:37 +0000

Attached please find information regarding your public records request dated July 9.  Regarding your request for copies of personnel files, North Carolina General Statue 160A-168 identifies very specific information about employees, or former employees, that is deemed public.  All other items are confidential.  The information that is public is included as an attachment to this email.  Regarding your request for the contract for Rory Collins for the position of Police Chief, no such contract exists.  Also attached is a copy of the billing records for Chief Collins’ Fuelman/Fleet One credit card charges

City Clerk

http://www.salisburync.gov/



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