Kenny Lane, Rowan County, N.C.
♦ Recently I wrote the Rowan Free Press about the difficulties I’ve had with the City of Salisbury’s government in complying with Freedom of Information Act requests. I requested information on Chief Rory Collin’s use of a city issued gas card. My original request was obstructed by being instead provided with copies of his department credit card receipts. I asked a second time and received an Excel spreadsheet. I also requested copies of personnel files that NCGS 160A-168, with some limited exclusions, states should be made available. Again I received another Excel spreadsheet. These were clearly not copies of original documents.
I again sent City Clerk Myra Heard an email requesting the records that NC general statute specifically points out are to be made available. NCGS 132-1(b) clearly states the public can receive copies of these records (minus exceptions listed in GS 160A-168.) I once more received Excel spreadsheets. I did receive two pages which were actually photocopied from the original. I also got a reply from Ms. Heard stating what NCGS 160A-168 requires – which I had already pointed out to her was the statute the city was failing to obey. If the city government was unsure what to include, and felt I was incorrect regarding the statutes, they can be looked up on the state’s website. It shouldn’t be challenging to determine what is required.
The intent and purpose of FOIA laws, in the NC General Statutes regarding public information, is to make government responsive and open to the public it serves. Open access to information is the very best way to ensure a just and moral government. What purpose does city government think these laws serve? To obstruct state laws and fog local government transparency? Why are simple requests for copies the state directs be made available circumvented by a spreadsheet “summary”? Open government is not “trust us” especially in a municipal government attracting state-wide attention for its cover-ups. Open government is responsive to it’s duties and obligations. The City of Salisbury is clearly not an open government. Which leads to the question: why not? Why the obvious foot-dragging and non-compliance? Already the Rowan Free Press, a major Charlotte Area TV station, and even the local print newspaper have reported obstruction and non compliance. Likely FOIA requests from other sources face the same wall of obstruction. What is the public to conclude about city hall and its operations?
*Some files mentioned in this piece are not linked to this article because of ongoing litigation.*
To view NC General Statute § 132-1. “Public records” defined, use this link: https://drive.google.com/file/d/0B2E5Ew6OLdElQ0paZE5sZC0wdTQ/edit?usp=sharing
To view NC General Statute § 160A-168. Privacy of employee personnel records, use this link:https://drive.google.com/file/d/0B2E5Ew6OLdElZnZtc01tb19pemc/edit?usp=sharing
To view Rory Collins’ employment, contract, and salary status, use this link: https://drive.google.com/file/d/0B2E5Ew6OLdElNkpUNk9oZ0l1enM/edit?usp=sharing
Correspondence between Kenny Lane and Myra Heard, City Clerk:
Mr. Lane,
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.
Thank you,
Myra Heard
Kenny Lane
7/27/14
To: Myra Heard, Steve Mensing
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 also confidential or some other reasoning behind failing to include what is spelled out by statute? The statute you’ve quoted 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
Mr. Lane,
Attached is updated information in response to your public records request. Regarding fuel purchases through Fuelman, because of volume of fuel purchased, the City does not keep receipts and statements are reconciled weekly. These statements are stored electronically and staff was able to pull the data specific for Chief Collins which was why it was provided in the initial format; however, attached are the full statements for all fuel purchases for the date requested.
Regarding personnel files, 160A-168 makes the following public:
1. Name – included
2. Age – included
3. Date of original employment or appoint to service – included
4. Terms of any contract – No such contracts exist
5. Current position – included
6. Title – included
7. Current salary – included
8. Date and amount of each increase/decrease in salary – included
9. Date and type of promotion, demotion, transfer, suspension, separation, or other change in position classification – included
10. Date and general description of the reason for each promotion – included
11. Date and type of each dismissal, suspension, or demotion for disciplinary reasons and copy of dismissal letter – included
12. Office to which employee is currently assigned – included
I hope this satisfies your request. If you need additional information or assistance, please let me know.
Myra B. Heard
City Clerk
Assistant to the City Manager
