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.
Other (indicate in message) Submitted: February 2, 2023 | Updated: May 17, 2023
(February 2023) Multi-part request for ArtSpace Charter School Swannanoa, NC: Employee salaries as of present day. And donations 01/01/23 – 02/02/23
Hello ArtSpace Charter School (Records Officer and all CCed),
I’d like to make a multi-part public records request for the following information under NC Public Records Law
Ref: https://www.ncleg.net/enactedlegislation/statutes/html/bychapter/chapter_132.html
A. Please provide a list of ALL current ArtSpace Charter School (Swannanoa, NC) employees and their salaries, as of 02/02/2023 (or on the date the query is performed). Please include the following:
1) Name of employee
2) Original hire date
3) Current department / position / title
5) Current salary
Ideally, I’d like to receive the records requested 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.
B. If such a record exists – Please provide a list of all donations ArtSpace Charter School Swannanoa NC has received during the specific time period of 01/01/2023 - 02/02/2023.
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 do not have any additional or further clarifying info to provide other than what you see in the message above. 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!
Status: Response Received from Government
Activity:
-
May 17, 2023 5:29 pm
11 months ago
from: David R. Hostetler, Esq. <[email protected]> via gmail.com
to: Sunshine Request <[email protected]>
cc: Sarena Fuller <[email protected]>
date: May 16, 2023, 5:29 PM
subject: Re: Records Request: (February 2023) Multi-part request for ArtSpace Charter School Swannanoa, NC: Employee salaries as of present day. And donations 01/01/23 – 02/02/23Sunshine,
I believe my prior communications have been about as clear as I can reasonably make them, based on fairly clear law regarding the duty to make records available for inspection — no more, no less.
David R. Hostetler, Esq.
Lexis School Law Services
4711 Hope Valley Road
Suite 4F-512
Durham, NC 27707direct: 434.210.7474 [NEW]
main: 919.442.8593
fax: 855.844.0698
Status: Response Received from Government -
May 16, 2023 4:37 pm
11 months ago
from: Sunshine Request <[email protected]>
to: “David R. Hostetler, Esq.” <[email protected]>
cc: Sarena Fuller <[email protected]>
date: May 16, 2023, 4:37 PM
subject: Re: Records Request: (February 2023) Multi-part request for ArtSpace Charter School Swannanoa, NC: Employee salaries as of present day. And donations 01/01/23 – 02/02/23Hi David and Sarena,
I’m following up on Patrick Conant’s previous email, above ^^ . Tue, May 9, 12:28 PM (7 days ago)
Any clarity you can provide is appreciated.
Thank you.
~ The Sunshine Request Team
Status: Follow up -
May 9, 2023 12:28 pm
11 months ago
from: Sunshine Request <[email protected]>
to: “David R. Hostetler, Esq.” <[email protected]>
cc: Sarena Fuller <[email protected]>
date: May 9, 2023, 12:28 PM
subject: Re: Records Request: (February 2023) Multi-part request for ArtSpace Charter School Swannanoa, NC: Employee salaries as of present day. And donations 01/01/23 – 02/02/23David,
My name is Patrick Conant and I am the Director of Sunshine Request.
My team has asked ArtSpace Charter School to provide electronic copies of public records as required under NC Public Records Law.
I’ve reviewed your communications with my team. You have repeatedly ignored our straightforward request for electronic copies of these records, and have instead offered the opportunity to inspect them in person.
I respectfully request clarity on ArtSpace Charter School’s position on this matter.
NC Public Records Law provides us with the authority to request copies of these records. Please let me know if ArtSpace Charter School will provide the requested electronic copies to my team via email.
Patrick Conant
Director, Sunshine Request
Status: Clarification Requested -
May 5, 2023 6:06 pm
11 months ago
from: David R. Hostetler, Esq. <[email protected]> via gmail.com
to: Sunshine Request <[email protected]>
cc: Sarena Fuller <[email protected]>
date: May 5, 2023, 6:06 PM
subject: Re: Records Request: (February 2023) Multi-part request for ArtSpace Charter School Swannanoa, NC: Employee salaries as of present day. And donations 01/01/23 – 02/02/23Dear Sunshine Request,
Per your last email, you asked the school to provide public records. The School has offered to do so and continues to do so. In your own words, correctly (with my bold emphasis added):
The state records statute requires the school to “permit any [public] record in the custodian’s custody to be inspected and examined at reasonable times and under reasonable supervision by any person, and shall, as promptly as possible, furnish copies thereof upon payment of any fees as may be prescribed by law.” (G.S. 132-6(a).
So, you are welcome (whoever you are) to arrange a time to examine public records in their electronic format, or otherwise Please let me know when you would like to arrange a time to do so.
Thank you.
David R. Hostetler, Esq.
Lexis School Law Services
4711 Hope Valley Road
Suite 4F-512
Durham, NC 27707direct: 434.210.7474 [NEW]
main: 919.442.8593
fax: 855.844.0698
Status: Response Received from Government -
May 5, 2023 5:06 pm
11 months ago
from: Sunshine Request <[email protected]>
to: “David R. Hostetler, Esq.” <[email protected]>
cc: Sarena Fuller <[email protected]>
date: May 5, 2023, 5:06 PM
subject: Re: Records Request: (February 2023) Multi-part request for ArtSpace Charter School Swannanoa, NC: Employee salaries as of present day. And donations 01/01/23 – 02/02/23Hello David,
Thank you for your patience.
First, I’d like to emphasize that this is not an “anonymous request”, as you’ve suggested. Under NC Public Records Law I am not required to provide you with a name, address, or a purpose to associate with a public records request. However, in order to move things along I’d like to clarify, again, that this request was/is being made by:
Sunshine Request
PO Box 17391
Asheville, NC 28816Email: [email protected]
——-After discussing the request with my Team, I want to follow up on our previous request to you and provide clarification.
We do not dispute that the school is offering to allow us to inspect these records in-person with advance notice. While we appreciate that offer, the ability to inspect records is not what we have requested.
As we have stated on several occasions, we are requesting electronic copies of the responsive records. We would like these electronic copies to be delivered to us via email.
NC Public Records Law clearly provides the authority for us to request public records in this manner, and such authority is outlined by the same section you have cited to us.
We have modified the emphasis to highlight the relevant portion of the statute:
The state records statute requires the school to “permit any [public] record in the custodian’s custody to be inspected and examined at reasonable times and under reasonable supervision by any person, and shall, as promptly as possible, furnish copies thereof upon payment of any fees as may be prescribed by law.” (G.S. 132-6(a).
The statute is quite clear. The school is required to furnish copies of public records upon payment of any fees as may be prescribed under the law. Since we are requesting electronic records, we do not expect there to be any fees required for production of the requested copies.
Can you please let us know if ArtSpace Charter School can proceed with providing us with electronic copies of the public records requested?
Thank you.
~ The Sunshine Request Team
Status: Clarification Provided -
February 17, 2023 3:29 pm
1 year ago
from: Sunshine Request <[email protected]>
to: “David R. Hostetler, Esq.” <[email protected]>
cc: Sarena Fuller <[email protected]>
date: Feb 17, 2023, 3:29 PM
subject: Re: Records Request: (February 2023) Multi-part request for ArtSpace Charter School Swannanoa, NC: Employee salaries as of present day. And donations 01/01/23 – 02/02/23Good Afternoon David,
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
Status: Clarification Requested -
February 17, 2023 12:04 pm
1 year ago
from: David R. Hostetler, Esq. <[email protected]> via gmail.com
to: [email protected]
cc: Sarena Fuller <[email protected]>
date: Feb 17, 2023, 12:04 PM
subject: Re: Records Request: (February 2023) Multi-part request for ArtSpace Charter School Swannanoa, NC: Employee salaries as of present day. And donations 01/01/23 – 02/02/23Dear Anonymous Public Records Requester:
I represent Artspace Charter School. Its Director forwarded to me your latest email. The state records statute requires the school to “permit any [public] record in the custodian’s custody to be inspected and examined at reasonable times and under reasonable supervision by any person, and shall, as promptly as possible, furnish copies thereof upon payment of any fees as may be prescribed by law.” (G.S. 132-6(a).
The Director offered to make those records available to you for inspection if you would provide a two-week notice of when you would be interested in coming to the school to perform the “inspection.” It appears that you are not currently interested in doing so.
If you are suggesting that the school is not complying with the law’s inspection and supervision provision, please provide the specific legal authority and explanation to support your contention, aside from your arguments from personal convenience.
Thank you.
David R. Hostetler, Esq.
Lexis School Law Services
4711 Hope Valley Road
Suite 4F-512
Durham, NC 27707direct: 919-884-9670
main: 919-442-8593
fax: 855-844-0698
Status: Clarification Requested -
February 16, 2023 5:22 pm
1 year ago
from: Darlene Dimenna <[email protected]>
date: Feb 15, 2023, 5:22 PM
subject: Out of office February 16 and 17 Re: Records Request: (February 2023) Multi-part request for ArtSpace Charter School Swannanoa, NC: Employee salaries as of present day. And donations 01/01/23 – 02/02/23Hello,
I will be out of the office on February 16 and 17. If you need immediate assistance please contact the front office at 828-298-2787.
Warm regards,
Darlene Dimenna
ArtSpace Charter School
Administrative Assistant
2030 US 70 Hwy
Swannanoa, NC 28778
W-828-298-2787×326
Fax 828-298-6221
[email protected]
Status: Clarification Requested -
February 16, 2023 5:22 pm
1 year ago
from: Sunshine Request <[email protected]>
to: [email protected]
cc: [email protected], [email protected], [email protected], [email protected]
date: Feb 15, 2023, 5:22 PM
subject: Re: Records Request: (February 2023) Multi-part request for ArtSpace Charter School Swannanoa, NC: Employee salaries as of present day. And donations 01/01/23 – 02/02/23Good Evening Sarena (and all CCed),
Thank you for your reply.
I’d like to point out that there is no real reason a simple request for employee salaries and 1 month of donation info cannot be provided via an email (or other digital method). We live in a digital age where salary info [like Employee name, Hire date, Current department / Position / Title] is widely regarded and consistently produced as a public record as part of the public personnel file of school employees. Many Charter Schools around the state have fulfilled a request like mine, in 1 week or 1 day.
I have simply requested electronic copies of electronic records, and I’ll refer you to the following – particularly, the sections I’ve underlined:
§ 132-6. Inspection, examination and copies of public records.
(a) Every custodian of public records shall permit any record in the custodian’s custody to be inspected and examined at reasonable times and under reasonable supervision by any person, and shall, as promptly as possible, furnish copies thereof upon payment of any fees as may be prescribed by law. As used herein, “custodian” does not mean an agency that holds the public records of other agencies solely for purposes of storage or safekeeping or solely to provide data processing.
(a1) A public agency or custodian may satisfy the requirements in subsection (a) of this section by making public records available online in a format that allows a person to view the public record and print or save the public record to obtain a copy. If the public agency or custodian maintains public records online in a format that allows a person to view and print or save the public records to obtain a copy, the public agency or custodian is not required to provide copies to these public records in any other way.
(b) No person requesting to inspect and examine public records, or to obtain copies thereof, shall be required to disclose the purpose or motive for the request.
§ 132-6.2. Provisions for copies of public records; fees.
(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.
(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.)
https://www.ncleg.net/enactedlegislation/statutes/html/bychapter/chapter_132.html
You are correct that 132-6. (a) indicates you should make available and permit the records to be “inspected and examined at reasonable times”. However, I’ll just note that the intention of all records statutes in their entirety is not to suggest requestors be required to come in person to “view” or “inspect” electronic files that are already maintained and readily available to you in a digital format — as that type of requirement is widely regarded to be an unnecessary barrier meant only to inhibit access to public information, and to intimidate or discourage citizens from making records requests.
As I stated on 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 to me 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.
Am I to assume from your email that I can only receive salary and donations data, by coming to your office in-person to review your personal computer, or to watch you print off that same information so that it can be reviewed? I will not be coming in person to “copy / print / inspect” or obtain digital records that you already maintain in a digital format / medium, and I have not requested the records be compiled in any special manner / format / medium in which they do not already exist or are available to you now. I do not think that it’s impossible for you to provide the requested information to me electronically — It seems though that you may just “prefer to make the public records available in another medium” [ see § 132-6.2. (a) ], and if that’s the case, then you can see how that would be an unnecessary time and resources burden (both to a requestor, as well as to your own staff).
If you are delaying or denying the fulfillment of any aspect of my original request, then can you please state explicitly what (if any) specific aspects cannot be fulfilled — or 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 -
February 10, 2023 7:52 am
1 year ago
from: Sarena Fuller <[email protected]>
to: Sunshine Request <[email protected]>
date: Feb 10, 2023, 7:52 AM
subject: Re: Records Request: (February 2023) Multi-part request for ArtSpace Charter School Swannanoa, NC: Employee salaries as of present day. And donations 01/01/23 – 02/02/23Good morning,
As required by statute, all public records are to be made available for inspection upon request. Please advise us of your availability to come to the school to inspect the responsive records at least two weeks after your response to allow us reasonable time to gather such records for on-site review. Thank you.—
Dr. Sarena Fuller
Executive Director
ArtSpace Charter School
Status: Response Received from Government -
February 9, 2023 3:14 pm
1 year ago
from: Sunshine Request <[email protected]>
to: [email protected]
cc: [email protected], [email protected], [email protected], [email protected]
date: Feb 9, 2023, 3:14 PM
subject: Re: Records Request: (February 2023) Multi-part request for ArtSpace Charter School Swannanoa, NC: Employee salaries as of present day. And donations 01/01/23 – 02/02/23Good afternoon ArtSpace Charter School (Records Officer),
I’m following up on this public records request that was sent in on 2/2: (February 2023) Multi-part request for ArtSpace Charter School Swannanoa, NC: Employee salaries as of present day. And donations 01/01/23 – 02/02/23
Please confirm that the request has been received on your end, and if / when it will begin being processed. Please provide a timeline or rough estimate as to when the request will be completed, and I will follow up around the time you specify.
In any case, I’ll plan to follow up again at the end of the month if I have not heard back before then.
Thank you for your assistance!
Status: Follow up -
February 2, 2023 3:28 pm
1 year ago
from: Sunshine Request <[email protected]>
to: [email protected]
cc: [email protected], [email protected], [email protected], [email protected]
date: Feb 2, 2023, 3:28 PM
subject: Records Request: (February 2023) Multi-part request for ArtSpace Charter School Swannanoa, NC: Employee salaries as of present day. And donations 01/01/23 – 02/02/23Hello ArtSpace Charter School (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 at the end of the month if I have not heard back before then.
Here are the details of the request:
Subject: (February 2023) Multi-part request for ArtSpace Charter School Swannanoa, NC: Employee salaries as of present day. And donations 01/01/23 – 02/02/23
Message: “Hello ArtSpace Charter School (Records Officer and all CCed),
I’d like to make a multi-part public records request for the following information under NC Public Records Law
Ref: https://www.ncleg.net/enactedlegislation/statutes/html/bychapter/chapter_132.htmlA. Please provide a list of ALL current ArtSpace Charter School (Swannanoa, NC) employees and their salaries, as of 02/02/2023 (or on the date the query is performed). Please include the following:
1) Name of employee
2) Original hire date
3) Current department / position / title
5) Current salaryIdeally, I’d like to receive the records requested 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.
B. If such a record exists – Please provide a list of all donations ArtSpace Charter School Swannanoa NC has received during the specific time period of 01/01/2023 – 02/02/2023.
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 do not have any additional or further clarifying info to provide other than what you see in the message above. 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 28816This 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 -
February 2, 2023 3:12 pm
1 year ago
Submitted to Sunshine Request
Status: Pending