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.
City of Asheville Submitted: February 16, 2023 | Updated: May 10, 2023
(February 2023) Request for City of Asheville, NC Government: All contract(s) between APD and “outside entities” ranging $500 – $30,0000. From 01/01/2019 – 02/07/2023.
Hello City of Asheville, NC Government (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
The request is not keyword or subject specific. If such a record exists -- Please provide ALL contract(s) between the Asheville Police Department and “outside entities” [unspecified] from January 01, 2019 to February 07, 2023. Specifically – I'm asking for all contracts that fall into the range of $500 through $30,000. If possible, I’d ask that you please provide any responsive documents in a PDF format.
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 any responsive records be provided to me via an electronic medium / format (in which the records 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.**
——————
[Editor’s Note: 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: Completed
Documents:
Activity:
-
May 10, 2023 12:39 pm
11 months ago
**05/10/23 Editor’s Note: The following message was sent to Allison at 12:39pmEST via our request login on the City of Asheville’s public records portal, Next Request.
Hi Allison,
Thank you for clarifying.
I’ve marked this request as “Completed” on our website.
~ The Sunshine Request Team
Status: Completed -
May 9, 2023 12:15 pm
11 months ago
from: City of Asheville Public Records <[email protected]>
to: [email protected]
date: May 9, 2023, 12:15 PM
subject: [External Message Added] City of Asheville public records request #23-118City of Asheville Public Records
A message was sent to you regarding record request #23-118:
Good afternoon, Sunshine Request,
No, the City did not receive any Court orders or redactions.
Status: Clarification Provided -
May 5, 2023 3:55 pm
11 months ago
**05/05/23 Editor’s Note: The following message was sent to Allison at 3:55pmEST via our request login on the City of Asheville’s public records portal, Next Request. As we receive any updates, we will post them here on our website. Thank you for using Sunshine Request!
Hi Allison,
Thanks for providing those documents.
Can you please clarify if, for any of the three contracts for which you were previously concerned about confidential information / “trade secrets” being released… did the relevant companies submit a “Court Order” that prevented the City’s release of the contract, or redaction of the contract?
Thank you.
~ The Sunshine Request Team
Status: Clarification Requested -
May 3, 2023 1:38 pm
11 months ago
from: City of Asheville Public Records <[email protected]>
reply-to: [email protected]
to: [email protected]
date: May 3, 2023, 1:38 PM
subject: Your City of Asheville public records request #23-118 has been published.City of Asheville Public Records
Record request #23-118 has been published and is now available for public view.
https://cityofashevillenc.nextrequest.com/requests/23-118
from: City of Asheville Public Records <[email protected]>
to: [email protected]
date: May 3, 2023, 1:38 PM
subject: Your City of Asheville public records request #23-118 has been closed.City of Asheville Public Records
Record request #23-118 has been closed. The closure reason supplied was:
All records responsive to your request are available here.
All records responsive to your request have been released in accordance with the North Carolina Public Records Act. Your request has been fulfilled and is now closed. Please reply to this message or contact [email protected] if you have any questions.
**Editor’s Note: The referenced file the City sent over was too large to upload directly to our website. There are several ways you can review the files:
– 1. You can use the City’s own Google link Allison referenced above:
https://drive.google.com/drive/folders/1qR-JtC0gSgZBI4wa84gKmDKJyuhMU7Pc
– 2. You can also view this “mirrored” Google Drive folder we’ve downloaded and created so that the files can be viewed on our site: https://drive.google.com/drive/u/2/folders/1E1chLGvRWhD7bqF40szMJMCNr6uO_a4t
– 3. Or, you can also check out the link to our Request on the City’s NextRequest Portal:
Status: Response Received from Government -
May 3, 2023 1:37 pm
11 months ago
from: City of Asheville Public Records <[email protected]>
to: [email protected]
date: May 3, 2023, 1:37 PM
subject: [External Message Added] City of Asheville public records request #23-118City of Asheville Public Records
A message was sent to you regarding record request #23-118:
Good afternoon, Sunshine Request,
The steps taken by the City to ensure that legally confidential information is not inadvertently produced flows directly from our obligations laid out in the North Carolina public records law as it pertains to confidential information and trade secrets. With regard to these records specifically, the steps taken are outlined in their contractual provisions contained to therein. This is not further described in a particular policy.
Status: Clarification Provided -
May 3, 2023 1:00 pm
11 months ago
from: Sunshine Request <[email protected]>
to: [email protected]
date: May 3, 2023, 1:00 PM
subject: Re: [External Message Added] City of Asheville public records request #23-118Hi Allison,
Thanks again for your reply on 04/28.
I’m following up again specifically regarding my emails to you on date: Apr 17, 2023, 4:35 PM and now also date: Apr 28, 2023, 3:22 PM
subject: Re: [External Message Added] City of Asheville public records request #23-118For the clarity of our Team, as well as for the requestor and all future requesters – we insist that you include a copy of the policy / protocol you referenced.
We are explicitly asking you again if this is an actual, written, policy / protocol that exists? Or, if it is something that City staff is just developing / applying “on the fly” on a case-by-case basis.
We understand that in fulfilling public records requests there may occasionally be unusual circumstances that require you to “use your best judgment”. However, we feel that it would be misleading to refer to such a circumstance as a “policy / protocol”.
If such a policy actually exists, please provide us with that copy.
~ Lauren (and the Sunshine Request Team)
Status: Follow up -
April 28, 2023 3:22 pm
11 months ago
from: Sunshine Request <[email protected]>
to: [email protected]
date: Apr 28, 2023, 3:22 PM
subject: Re: [External Message Added] City of Asheville public records request #23-118Hi Allison
Thanks for your reply.
Following up again specifically regarding my email on date: Apr 17, 2023, 4:35 PM subject: Re: [External Message Added] City of Asheville public records request #23-118
And your response just now…
For the clarity of our Team, as well as for the requestor and all future requesters – we insist that you include a copy of the policy / protocol you referenced.
We are explicitly asking you if this is an actual, written, policy / protocol that exists? Or, if it is something that City staff is just developing / applying “on the fly” on a case-by-case basis.
We understand that in fulfilling public records requests there may occasionally be unusual circumstances that require you to “use your best judgment”. However, we feel that it would be misleading to refer to such a circumstance as a “policy / protocol”.
If such a policy actually exists, please provide us with that copy.
Thank you.
~ Lauren (and the Sunshine Request Team)
Status: Government Processing Request -
April 28, 2023 3:04 pm
11 months ago
from: City of Asheville Public Records <[email protected]>
to: [email protected]
date: Apr 28, 2023, 3:04 PM
subject: [External Message Added] City of Asheville public records request #23-118City of Asheville Public Records
A message was sent to you regarding record request #23-118:
Good afternoon, Sunshine Request,
The City’s justification for contacting the companies and asking them to provide a Court order, and therefore for this request requiring additional time, was previously provided. We are in the final stages of confirming the legality of the release of confidential information for this request and aim to have this request completed by the end of the day on Wednesday, May 3rd.
Status: Government Processing Request -
April 26, 2023 4:58 pm
11 months ago
from: Sunshine Request <[email protected]>
to: [email protected]
date: Apr 26, 2023, 4:58 PM
subject: Re: [External Message Added] City of Asheville public records request #23-118Hi Allison,
Following up on my previous email on 04/17. I have not received a response.
Please provide clarification.
Thank you.
Status: Follow up -
April 17, 2023 4:35 pm
1 year ago
from: Sunshine Request <[email protected]>
to: [email protected]
date: Apr 17, 2023, 4:35 PM
subject: Re: [External Message Added] City of Asheville public records request #23-118Hi Allison,
I’ve discussed your messages today with Patrick, the director of Sunshine Request – and he shares my concern:
We’re familiar with the City’s procurement process. Our understanding is that vendors are typically discouraged from submitting information marked as “confidential”, or any additional terms or conditions, when submitting a bid or entering a contract with the City.
We are curious about the City’s “protocol / process” for those types of situations. I suppose we’re wondering why the City doesn’t require information designated by “court order” as “trade secrets” to be clearly marked that way upfront – and, why this process is now occurring only when a records request has been submitted for the contract?
Does the City have a written policy that requires the PRO to contact vendors before releasing contracts or other documents? Does that type of outreach occur only when the vendor writes “confidential” on a document – or, are there other circumstances that trigger this additional work as well?
Thank you.
~ Lauren (and the Sunshine Request Team)
Status: Clarification Requested -
April 17, 2023 1:39 pm
1 year ago
from: City of Asheville Public Records <[email protected]>
to: [email protected]
date: Apr 17, 2023, 1:39 PM
subject: [External Message Added] City of Asheville public records request #23-118City of Asheville Public Records
A message was sent to you regarding record request #23-118:
Hi Sunshine Request,
I apologize, I realize I probably didn’t explain that very well. A Court order would not prohibit the City from producing the contract documents, it would only prohibit us from producing the specific information deemed trade secret by the Court order. Trade secrets are not public record per statute (N.C.G.S. 132-1.2), however the City cannot identify what may or may not be trade secret for specific entities. That is why we reach out to give them the opportunity to provide a Court order if there are documents they submitted to us marked Confidential. This is my first experience with this happening with contracts; it is most common with proposals or bids submitted to the City. If you have any further questions, please reply to this message or contact [email protected].
Status: Clarification Provided -
April 17, 2023 12:47 pm
1 year ago
from: Sunshine Request <[email protected]>
to: [email protected]
date: Apr 17, 2023, 12:47 PM
subject: Re: [External Message Added] City of Asheville public records request #23-118Hi Allison – Thank you for the update.
Can you please provide me with a copy of the City’s protocol / policy that you’ve referenced?
We’ve never experienced a scenario where a public records request for contracts prompts the government entity to contact the Vendor to suggest to them that they get a court order to prevent the release of documents.
Thank you.
~ The Sunshine Request Team
Status: Clarification Requested -
April 17, 2023 12:13 pm
1 year ago
from: City of Asheville Public Records <[email protected]>
to: [email protected]
date: Apr 17, 2023, 12:13 PM
subject: [External Message Added] City of Asheville public records request #23-118City of Asheville Public Records
A message was sent to you regarding record request #23-118:
Good afternoon, Sunshine Request,
I wanted to provide an update on this request. There are three more records responsive to this request, however they contain documents from the contracted companies marked Confidential. Due to this, per protocol, I reached out to them to give them the opportunity to provide a Court order prohibiting the City from releasing the information marked Confidential if they deem it trade secret. They have until May 1st to provide an order, so it will be at least two more weeks until this request can be completely fulfilled and closed. If you have any questions, please reply to this message or contact [email protected]. Thank you.
Status: Government Processing Request -
April 11, 2023 3:17 pm
1 year ago
from: City of Asheville Public Records <[email protected]>
to: [email protected]
date: Apr 11, 2023, 3:17 PM
subject: [External Message Added] City of Asheville public records request #23-118City of Asheville Public Records
A message was sent to you regarding record request #23-118:
Thanks, Lauren! I hope to have the rest of them to you within the next week. If anything changes, I’ll let you know.
Status: Government Processing Request -
April 11, 2023 3:15 pm
1 year ago
from: Sunshine Request <[email protected]>
to: [email protected]
date: Apr 11, 2023, 3:15 PM
subject: Re: [External Message Added] City of Asheville public records request #23-118Thank you Allison,
We’ve added the responsive records you’ve sent so far, onto our website.
I’ll follow up with you again in a couple weeks, if I have not heard anything else before then.
Thank you!
~ Lauren (and the Sunshine Request Team)
Status: Government Processing Request -
April 11, 2023 11:01 am
1 year ago
from: City of Asheville Public Records <[email protected]>
to: [email protected]
date: Apr 11, 2023, 11:01 AM
subject: [External Message Added] City of Asheville public records request #23-118City of Asheville Public Records
A message was sent to you regarding record request #23-118:
Good morning, Sunshine Request,
Most of the records responsive to your request are available here. This request is still being processed; as soon as processing is complete I will add any additional responsive records to the same Google Drive folder. I appreciate your patience with this request. If you have any questions, please reply to this message or contact [email protected]. Thank you.
**Editor’s Note: The file Allison referenced today, is found at the following City of Asheville URL:
https://drive.google.com/drive/folders/1qR-JtC0gSgZBI4wa84gKmDKJyuhMU7Pc
We typically try to download the records we receive and upload them to the “Documents” section of our website. However, the file Allison referenced is too large to upload directly to our site. Therefore, we’ve also created our own mirrored copy (Google Drive link) for the public to view the files. That’s here: https://drive.google.com/drive/u/2/folders/1NC-jjEM2HFQS2UjNw2SO18n8zNpNElpt
File name: (Version Sunshine received and downloaded on 04/11/23) 23-118-20230411T165620Z-001.zip”
At whatever point Allison sends the rest of the records, and the request is completed in its entirety, then we’ll update our copy of the Google Drive Link as well.
Thanks for using www.sunshinerequest.com!
Status: Response Received from Government -
April 6, 2023 12:27 pm
1 year ago
from: Sunshine Request <[email protected]>
to: [email protected]
date: Apr 6, 2023, 12:27 PM
subject: Re: [External Message Added] City of Asheville public records request #23-118Hi Allison,
I hope you’re having a good week so far.
I’m just following up to ask if there’s an update on the status of request # 23-118, or when you anticipate it may be completed.
Although this request covers a 4 year time span, in my opinion it seems like the content / results of the request would be fairly simple to produce.
If it’s helpful — I just want to clarify that I’m asking for “ALL contract(s) between the Asheville Police Department and “outside entities” [unspecified] from January 01, 2019 to February 07, 2023. Specifically – all contracts in the range of $500 – $30,000.”
I am not asking for any receipts, invoices, payments etc. related to those contracts.
Thanks for your help!
~ The Sunshine Request Team
Status: Follow up -
March 17, 2023 3:35 pm
1 year ago
from: City of Asheville Public Records <[email protected]>
to: [email protected]
date: Mar 17, 2023, 3:35 PM
subject: [External Message Added] City of Asheville public records request #23-118City of Asheville Public Records
A message was sent to you regarding record request #23-118:
Hi, Sunshine Request,
This request is still in process; I don’t have any further updates at this time. I have reached out to APD and will hopefully have an update for you soon. In the meantime, if you have any questions please reply to this message or contact [email protected]. Thank you, and have a nice weekend.
Status: Government Processing Request -
March 17, 2023 2:37 pm
1 year ago
from: Sunshine Request <[email protected]>
to: [email protected]
date: Mar 17, 2023, 2:37 PM
subject: Re: [External Message Added] City of Asheville public records request #23-118Good afternoon City of Asheville Public Records,
I wanted to check in on this request to see if you could provide a status update or an anticipated date for completion? I will plan on following up again next week if I don’t hear back before then.
Thank you!
Status: Follow up -
March 2, 2023 3:43 pm
1 year ago
from: City of Asheville Public Records <[email protected]>
to: [email protected]
date: Mar 2, 2023, 3:43 PM
subject: [External Message Added] City of Asheville public records request #23-118City of Asheville Public Records
A message was sent to you regarding record request #23-118:
Hi Sunshine Request,
Your request is still being processed, and I do not have any updates at this time. Once processing is complete, I will forward you any responsive records. Please reply to this message or contact [email protected] if you have any questions. Thank you.
https://cityofashevillenc.nextrequest.com/requests/23-118
Status: Government Processing Request -
March 2, 2023 3:37 pm
1 year ago
from: Sunshine Request <[email protected]>
to: [email protected]
date: Mar 2, 2023, 3:37 PM
subject: Re: [External Message Added] City of Asheville public records request #23-118Good afternoon City of Asheville Public Records,
I am following up on this request to see if there is any update to report?
I will plan on following up again at the end of the month if I don’t hear back before then.
Thank you!
Status: Follow up -
February 17, 2023 1:46 pm
1 year ago
from: City of Asheville Public Records <[email protected]>
to: [email protected]
date: Feb 17, 2023, 1:46 PM
subject: [External Message Added] City of Asheville public records request #23-118City of Asheville Public Records
A message was sent to you regarding record request #23-118:
Your public records request has been received by the City of Asheville and has been assigned to the appropriate person(s) for processing. Once processing is complete, you will receive any responsive records. Please reply to this message or contact [email protected] if you have any questions.
View Request 23-118
https://cityofashevillenc.nextrequest.com/requests/23-118
Status: Government Processing Request -
February 17, 2023 1:45 pm
1 year ago
**Editor’s Note: This request was sent in via Asheville City Government’s public records request portal. As we receive updates, we will post them here on our website. Thank you for using Sunshine Request!
Hello City of Asheville (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 around the end of the month if I have not heard back before then.
Here are the details of the request:
Subject: (February 2023) Request for City of Asheville, NC Government: All contract(s) between APD and “outside entities” ranging $500 – $30,0000. From 01/01/2019 – 02/07/2023.
Message: “Hello City of Asheville, NC Government (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
The request is not keyword or subject specific. If such a record exists — Please provide ALL contract(s) between the Asheville Police Department and “outside entities” [unspecified] from January 01, 2019 to February 07, 2023. Specifically – I’m asking for all contracts that fall into the range of $500 through $30,000. If possible, I’d ask that you please provide any responsive documents in a PDF format.
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 any responsive records be provided to me via an electronic medium / format (in which the records 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.**
——————
[Editor’s Note: 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 -
February 16, 2023 1:36 pm
1 year ago
Submitted to Sunshine Request
Status: Pending