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: July 9, 2025 | Updated: January 8, 2026
(July 2025) Request for City of Asheville, NC Government: Organization and Network Audit in Flock 06/01/2024 – present. And, list of data sharing agencies and organizations.
SUBJECT:
(July 2025) Request for City of Asheville, NC Government: Organization and Network Audit in Flock 06/01/2024 – present. And, list of data sharing agencies and organizations.
MESSAGE:
Good afternoon City of AVL, APD, (Records Officer / Custodian(s) of these Records),
Please reply promptly to the following public records request, which I’m making in accordance with NC Public Records Law.
https://www.ncleg.net/enactedlegislation/statutes/html/bychapter/chapter_132.html
The requested info relates to the City of Asheville / APD’s “Flock data”. Please provide the following:
1. Organization Audit in Flock.
– The report should include data logged from the period of June 01, 2024 through the present day (on the date this request is processed). Per Flock’s documentation, the Organization Audit is available within the Insights tab, and is defined as searches done within the agency.
2. Network Audit in Flock.
– The report should include data logged from the period of June 01, 2024 through the present day (on the date this request is processed). Per Flock’s documentation, the Network Audit is available within the Insights tab, and is defined as searches of the organization’s Flock network by any agency in the Flock System.
For both items 1 and 2 above, please provide the audit data in a structured format such as .csv, .xls, or other machine-readable database filetype.
3. Data Sharing.
a. Names of agencies and organizations with which the Agency shares ALPR data.
b. Names of agencies and organizations from which the Agency receives ALPR data.
c. Names of agencies and organizations with which the Agency shares “hot list” information.
d. Names of agencies and organizations from which the Agency receives “hot list” information”.
** I’m simply requesting an electronic copy of an electronic record, if one exists. I’m NOT asking for the opportunity to come in person to “inspect”, nor to obtain a printed copy of, this electronic record. I’m requesting explicitly that any responsive info be provided to me via the electronic medium / electronic format (in which the copy of this record already exists). 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. **
————————————
Please note that by submitting this request, I’m NOT agreeing to pay any potential fees or associated costs related to my request. If it isn’t possible to process the request without incurring fees, then please let me know the itemized potential cost and clear explanations of those charges upfront, and DO NOT proceed until I respond.
By Law I’m not required to provide a name or address to associate with a public records request. However, 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
The request has been sent solely by me and my email address [email protected] . If anyone other than that email address contacts you to pursue a similar request, it did not come from me. Please do not commingle or treat that as an alteration or cancellation of my request – I intend to continue to pursue my request.
Thank you for your assistance!
** 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: Response Received from Government
Documents:
Activity:
-
January 8, 2026 2:31 pm
4 months ago
**Editor’s Note 01/08/26: We apologize for the delay in posting another update about this request. Our Team plans to continue exploring all options available to us to get this request fulfilled by the City. When there are additional updates to share, they will be posted on our website.
Status: -
November 20, 2025 11:18 am
6 months ago
from: Samantha Booth <[email protected]>
to: Sunshine Request <[email protected]>
date: Nov 20, 2025, 11:18 AM
subject: Re: Re: Re: PRR-2025-84Good morning,
Please refer to my earlier responses, which contain all the information responsive to your questions. There is no new or additional information to provide regarding your public records request.
Samantha Booth
Public Relations Manager
Asheville Police Department
100 Court Plaza
Asheville, NC 28801
(O) 828-259-5813
(M) 828-230-4471
Status: Response Received from Government -
November 19, 2025 12:56 pm
6 months ago
from: Sunshine Request <[email protected]>
to: Samantha Booth <[email protected]>
date: Nov 19, 2025, 12:56 PM
subject: Re: Re: Re: PRR-2025-84Hi Samantha,
Thank you for your message.
To further clarify —
Can you please fully explain APD’s search and “hotlist” data sharing process? You previously said everyone listed on the document receives data From APD and shares data With APD. Now you’re saying that private companies can’t access or search APD data, even though they’re listed on the document with Search Enabled = Y and, in some cases, Hotlist Enabled = Y.
Can you please give a more clear breakdown of what types of data access are provided to different entities?
This is why our original records request separately requested documents describing which entities share data with and receive data from APD. If available, it would be ideal to receive separate documents describing each of the following types of sharing we requested:
3. Data Sharing.
a. Names of agencies and organizations with which the Agency shares ALPR data.
b. Names of agencies and organizations from which the Agency receives ALPR data.
c. Names of agencies and organizations with which the Agency shares “hot list” information.
d. Names of agencies and organizations from which the Agency receives “hot list” information”.
Thank you.
Status: Clarification Requested -
November 19, 2025 11:25 am
6 months ago
from: Samantha Booth <[email protected]>
to: Sunshine Request <[email protected]>
date: Nov 19, 2025, 11:25 AM
subject: Re: Re: Re: PRR-2025-84Hello Sunshine Team,
I am glad the clarification was helpful and would be happy to answer your follow-up questions.
Although the document lists a number of businesses and private entities, this does not mean those entities can search or have access to APD-collected license plate data or receive alerts generated by APD Flock cameras.Private businesses maintain their own standalone accounts and hot lists, which are entirely separate from law enforcement. Those hot lists are created and managed by the businesses themselves for their own property-related needs (for example, identifying vehicles involved in repeat thefts on their premises).
APD does not share our data, hot lists, or search capabilities with any private or non-law enforcement entity. Likewise, APD does not receive or access private-sector hot lists unless a business has formally granted access for a specific criminal investigation.
Respectfully,
Samantha Booth
Public Relations Manager
Asheville Police Department
100 Court Plaza
Asheville, NC 28801
(O) 828-259-5813
(M) 828-230-4471
Status: Response Received from Government -
November 18, 2025 2:41 pm
6 months ago
from: Sunshine Request <[email protected]>
to: Samantha Booth <[email protected]>
date: Nov 18, 2025, 2:41 PM
subject: Re: Re: Re: PRR-2025-84Hi Samantha,
Apologies for the delay.
Thank you for clarifying what the sharing agreements document above represents. We understand now that all sharing occurs in both directions (To and From APD).
We do have a follow up question:
The document provided indicates dozens of Lowe’s Hardware Stores receive “Search Enabled” access with APD, twelve Home Depot stores are both “Search Enabled” as well as “Hot List Enabled”, and three Ingles Grocery Stores are also listed. Additionally – other seemingly private entities are included on the document, but those I’ve listed above are just a few examples.
Does this mean that Lowe’s Hardware, Home Depot, Ingles, and other private entities, are able to search license plates and receive hits (matches) that were picked up by APD maintained flock cameras?
We’re asking for clarification specifically because many of these entities are private, and not Law Enforcement agencies.
Thank you.
~ The Sunshine Request Team
Status: Clarification Requested -
November 4, 2025 4:43 pm
7 months ago
from: Samantha Booth <[email protected]>
to: Sunshine Request <[email protected]>
date: Nov 4, 2025, 4:43 PM
subject: Re: Re: Re: PRR-2025-84Hello Sunshine Request Team,
I’m happy to help clarify. The list provided includes all agencies with which ALPR information is exchanged. The two following columns indicate the type of data-sharing:
– A “Y” means data is shared both ways between our agency and the listed agency.
– An “N” means no sharing is occurring in that category. We are not sharing with them and they are not sharing with us.
For example, if one of the agencies listed shows a shows a “Y” in the second column we are both sharing and receiving ALPR data with that agency. If the next column shows an “N,” it means we are not sharing or receiving hot list data with them.
If an agency does not appear in the first column, that indicates there is no data-sharing relationship. I hope this helps clarify the information in the list.
Respectfully,
Samantha Booth
Public Relations Manager
Asheville Police Department
100 Court Plaza
Asheville, NC 28801
(O) 828-259-5813
(M) 828-230-4471
Status: Clarification Provided -
November 4, 2025 1:13 pm
7 months ago
from: Sunshine Request <[email protected]>
to: Samantha Booth <[email protected]>
date: Nov 4, 2025, 1:13 PM
subject: Fwd: Re: Re: PRR-2025-84Good afternoon Samantha,
Sunshine Request ([email protected]) submitted public records request # PRR-2025-84 to the City of AVL on July 09. For several months we’ve been asking Allison for further explanation / clarification to several of the City’s responses we received about various aspects of the request.
Allison said I should reach out to you specifically, about the following requested item in particular:
3. Data Sharing.
a. Names of agencies and organizations with which the Agency shares ALPR data.
b. Names of agencies and organizations from which the Agency receives ALPR data.
c. Names of agencies and organizations with which the Agency shares “hot list” information.
d. Names of agencies and organizations from which the Agency receives “hot list” information”.
On Sept. 29 the City provided a file called APD Flock Camera – Sheet1.pdf. That document shows a list of organizations, but it does not indicate if they’re sharing data WITH APD or receiving data FROM APD. We’ve been asking Allison to clarify this, and on Nov. 03 she advised that “The record that was provided lists the agencies as well as the types of information (“Search enabled” and “Hotlist enabled”) and “Y” for yes or “N” for no on whether or not that category is shared. If there are any further questions about the provided record, they will need to be directed to the Asheville Police Department.”
Can you please clarify what the responsive document (attached) is meant to represent?
Thank you!
~ The Sunshine Request Team
———- Forwarded message ———
From: Allison Byers <[email protected]>
Date: Mon, Nov 3, 2025 at 4:06 PM
Subject: Re: Re: Re: PRR-2025-84
To: Sunshine Request <[email protected]>** Editor’s Note: The 1 file referenced is called “APD Flock Camera – Sheet1.pdf”. It can be viewed at top left in our Documents section. It was uploaded to JustFoia by the City of AVL on 09/29/25.
Status: Clarification Requested -
November 3, 2025 4:06 pm
7 months ago
from: Allison Byers <[email protected]>
to: Sunshine Request <[email protected]>
date: Nov 3, 2025, 4:06 PM
subject: Re: Re: Re: PRR-2025-84Sunshine Request,
That contact would be Samantha Booth, and she can be reached by email at [email protected] or by phone at
828-259-5813.
Best,
Allison Byers
Status: Clarification Provided -
November 3, 2025 10:35 am
7 months ago
from: Sunshine Request <[email protected]>
to: Allison Byers <[email protected]>
cc: 991fb166-5cc6-4e3d-8843-e56a157563a6.AshevilleNC@request.justfoia.com, Debra Campbell <[email protected]>, Brad Branham <[email protected]>
date: Nov 3, 2025, 10:35 AM
subject: Re: Re: Re: PRR-2025-84Hi Allison,
Thanks for your reply.
Please provide the name and contact (email + phone #) for the appropriate person at APD to contact about this request.
Thank you.
~ The Sunshine Request Team
Status: Clarification Requested -
November 3, 2025 10:31 am
7 months ago
from: Allison Byers <[email protected]>
to: Sunshine Request <[email protected]>
cc: 991fb166-5cc6-4e3d-8843-e56a157563a6.AshevilleNC@request.justfoia.com, Debra Campbell <[email protected]>, Brad Branham <[email protected]>
date: Nov 3, 2025, 10:31 AM
subject: Re: Re: Re: PRR-2025-84Good morning, Sunshine Request,
The record that was provided lists the agencies as well as the types of information (“Search enabled” and “Hotlist enabled”) and “Y” for yes or “N” for no on whether or not that category is shared. If there are any further questions about the provided record, they will need to be directed to the Asheville Police Department. The provided record is the extent of the public records responsive to your request.
Best,
Allison Byers
Public Records OfficerCity of Asheville
Status: Clarification Provided -
October 31, 2025 3:32 pm
7 months ago
from: Brad Branham <[email protected]>
date: Oct 31, 2025, 3:33 PM
subject: OUT OF THE OFFICE Re: Re: Re: PRR-2025-84I will be out of the office on Wednesday, October 29th through Friday, October 31st. During this time, I will be checking email periodically but will not have access to voicemail. If you need immediate assistance during this time, please contact the City of Asheville Legal Department front desk, at 259-5610. Thank you.
—
Brad R. Branham
City Attorney
City of Asheville
P.O. Box 7148
Asheville, NC 28802
828-259-5614
from: Sunshine Request <[email protected]>
to: Allison Byers <[email protected]>
cc: 991fb166-5cc6-4e3d-8843-e56a157563a6.AshevilleNC@request.justfoia.com, Debra Campbell <[email protected]>, Brad Branham <[email protected]>
date: Oct 31, 2025, 3:32 PM
subject: Re: Re: Re: PRR-2025-84Allison,
For Item #3, you provided a list of organizations, but you did not indicate if they’re sharing data WITH APD or receiving data FROM APD.
Can you please clarify that so we can provide necessary context to the public?
Thank you.
Status: Clarification Requested -
October 28, 2025 12:54 pm
7 months ago
from: Allison Byers <[email protected]>
to: Sunshine Request <[email protected]>
cc: 991fb166-5cc6-4e3d-8843-e56a157563a6.AshevilleNC@request.justfoia.com, Debra Campbell <[email protected]>, Brad Branham <[email protected]>
date: Oct 28, 2025, 12:54 PM
subject: Re: Re: Re: PRR-2025-84Good afternoon, Sunshine Request,
The record produced in response to that portion of your request is the only record the City has which is responsive; there are no further records to produce for this request.
Best,
Allison Byers
Public Records OfficerCity of Asheville
Status: Response Received from Government -
October 28, 2025 12:44 pm
7 months ago
from: Sunshine Request <[email protected]>
to: Allison Byers <[email protected]>
cc: 991fb166-5cc6-4e3d-8843-e56a157563a6.AshevilleNC@request.justfoia.com, Debra Campbell <[email protected]>, Brad Branham <[email protected]>
date: Oct 28, 2025, 12:44 PM
subject: Re: Re: Re: PRR-2025-84Hi Allison,
Thanks for your reply.
This still does not address questions sent to you on Sep. 30 @ 1:26 PM. In particular, regarding Item # 3.
To reiterate. I requested the following:
3. Data Sharing.
a. Names of agencies and organizations with which the Agency shares ALPR data.
b. Names of agencies and organizations from which the Agency receives ALPR data.
c. Names of agencies and organizations with which the Agency shares “hot list” information.
d. Names of agencies and organizations from which the Agency receives “hot list” information”.
On Sept. 29th you uploaded a file called APD Flock Camera – Sheet1.pdf. Can you please clarify whether that document represents agencies with whom APD “shares” ALPR and hotlist data, “receives” ALPR and hotlist data, or both? The three columns on the PDF just say: “Agency/Organization”, “Search enabled”, “Hotlist enabed”. It is not clear who is sharing or receiving the data.
Thank you.
Status: Clarification Requested -
October 28, 2025 10:51 am
7 months ago
from: Allison Byers <[email protected]>
to: Sunshine Request <[email protected]>
cc: 991fb166-5cc6-4e3d-8843-e56a157563a6.AshevilleNC@request.justfoia.com, Debra Campbell <[email protected]>, Brad Branham <[email protected]>
date: Oct 28, 2025, 10:51 AM
subject: Re: Re: Re: PRR-2025-84Good morning, Sunshine Request,
While not all information contained in these audits may be exempt from disclosure under the license plate reader statute (G.S. 20-183.31), after review it was determined that the information is all criminal investigations material and therefore is all exempt from disclosure under the criminal investigations statute (N.C.G.S.132-1.4).
Best,
Allison Byers
Public Records Officer
City of Asheville
Status: Response Received from Government -
October 27, 2025 4:23 pm
7 months ago
from: Sunshine Request <[email protected]>
to: Allison Byers <[email protected]>
cc: 991fb166-5cc6-4e3d-8843-e56a157563a6.AshevilleNC@request.justfoia.com, Debra Campbell <[email protected]>, Brad Branham <[email protected]>
date: Oct 27, 2025, 4:23 PM
subject: Re: Re: Re: PRR-2025-84Hi Allison,
Following up again. We would greatly appreciate a response to the clarifications / follow ups we’ve sent you since August 19th:
Aug 19 @ 3:23 PM
Sep 17 @ 2:36 PM
Sep 30 @ 1:26 PM
Oct 20 @ 1:59 PMI’d like to ask again that you please reopen our request in JustFoia. Until you address those clarifications regarding Items #1, #2, #3, this request is not considered “Completed”.
Through our research, we’ve found organizational and network audits from other government entities. We have confirmed that those audits do not contain any data produced or retrieved from an ALPR — rather, they document the “search queries” entered by Staff to search the system. As a result, we maintain that the items we’ve requested from the City of AVL are valid public records.
Thank you.
~ The Sunshine Request Team
Status: Follow up -
October 20, 2025 1:59 pm
7 months ago
from: Sunshine Request <[email protected]>
to: Allison Byers <[email protected]>
cc: 991fb166-5cc6-4e3d-8843-e56a157563a6.AshevilleNC@request.justfoia.com, Debra Campbell <[email protected]>, Brad Branham <[email protected]>
date: Oct 20, 2025, 1:59 PM
subject: Re: Re: Re: PRR-2025-84Good afternoon Allison,
I have sent you specific questions / concerns / requests for clarification on the following dates:
Aug 19, 2025, 3:23 PM
Sep 17, 2025, 2:36 PM
Sep 30, 2025, 1:26 PM
I’ve cited statutes, APD’s own policy manual, specific questions I have, etc. Answers to those clarifications have not been provided back to me.
My position remains that I have not requested that you provide confidential or sensitive information such as videos and other info. pertinent to an investigation. We may be interested in narrowing our request… However, it’s difficult to do so without knowing what data is available to you. Beyond that, I have asked questions that have not been addressed.
Please reopen the request. Until my questions have been addressed / resolved, this request is not considered “Completed”. It is not necessary for me to resubmit the same request (a “new request”) to you at this point simply to get a response.
I have additional information to share, but have been waiting for you to address my questions before proceeding.
Thank you.
~ The Sunshine Request Team
Status: Clarification Requested -
October 20, 2025 12:32 pm
7 months ago
from: Allison Byers <[email protected]>
to: Sunshine Request <[email protected]>
cc: 991fb166-5cc6-4e3d-8843-e56a157563a6.AshevilleNC@request.justfoia.com, Debra Campbell <[email protected]>, Brad Branham <[email protected]>
date: Oct 20, 2025, 12:32 PM
subject: Re: Re: Re: PRR-2025-84Good afternoon, Sunshine Request,
Your request has not been denied by the City. We produced all responsive information we were able to that was not confidential pursuant to statute. If you would like to submit a new request for additional information that is public record, you are welcome to do so at any time.
Best,
Allison Byers
Public Records OfficerCity of Asheville
Status: Response Received from Government -
October 14, 2025 1:01 pm
7 months ago
from: Sunshine Request <[email protected]>
to: 991fb166-5cc6-4e3d-8843-e56a157563a6.AshevilleNC@request.justfoia.com, Public Records Request Inbox <[email protected]>
cc: Allison Byers <[email protected]>, Debra Campbell <[email protected]>, Brad Branham <[email protected]>
date: Oct 14, 2025, 1:01 PM
subject: Re: Re: Re: PRR-2025-84Good afternoon Allison,
For the reasons I’ve listed previously, I do not consider my request to be “fulfilled” by the City – and have asked that you please reopen it while we continue to discuss this matter.
This is my 3rd attempt to follow up with you since September 30th, and I have not heard back.
Under NC Public Records Law, your office is required to “promptly” process all public records requests. Essentially, this means that if you intentionally delay the fulfillment of a request by allowing it to “sit” until staff has availability to address it, or feels like answering my emails, then this could be considered a denial of a request. With this in mind, I want to highlight the court case referenced in item #6 of the following article, posted on the NC Press Association website. In this instance: “The trial court held that an unjustified one-month delay in production of records was tantamount to a denial”. http://www.ncpress.
com/stories/a-bakers-dozen- for-2022nc-public-records-law, 2390 Having made reasonable attempts to follow up — if I do not hear back by October 30th, I will need to mark this request as having been “Denied” by the City.
~ The Sunshine Request Team
Status: Follow up -
October 7, 2025 4:25 pm
7 months ago
from: Sunshine Request <[email protected]>
to: 991fb166-5cc6-4e3d-8843-e56a157563a6.AshevilleNC@request.justfoia.com
cc: Allison Byers <[email protected]>, Debra Campbell <[email protected]>, Brad Branham <[email protected]>
date: Oct 7, 2025, 4:25 PM
subject: Re: Re: Re: PRR-2025-84Hi Allison,
Following up on the previous (Tue, Sep 30, 1:26 PM).
I have not heard back.
~ The Sunshine Request Team
Status: Follow up -
September 30, 2025 1:26 pm
8 months ago
from: Sunshine Request <[email protected]>
to: 991fb166-5cc6-4e3d-8843-e56a157563a6.AshevilleNC@request.justfoia.com
cc: Allison Byers <[email protected]>, Debra Campbell <[email protected]>, Brad Branham <[email protected]>
date: Sep 30, 2025, 1:26 PM
subject: Re: Re: Re: PRR-2025-84Hi Allison,
Thank you for your message. I also received a JustFOIA notice yesterday that said the City closed this request.
I’d like to ask, until the following is resolved, can you please reopen the request while we continue to discuss?
Regarding Part 3.
Thank you for providing the file (APD Flock Camera – Sheet1.pdf) yesterday. Can you please clarify whether this document represents agencies with whom APD “shares” ALPR and hotlist data, “receives” ALPR and hotlist data, or both? The three columns on the PDF just say: “Agency/Organization”, “Search enabled”, “Hotlist enabed”. It’s not clear who is sharing or receiving the data.
Regarding Parts 1 and 2.
We appreciate that the City Attorney’s office took a closer look at the audit data. Thank you.
In order to provide clarity to our Team as well as the Public, we’d like to ask if the City would be willing to provide the “schema” of these audit logs? A schema would include the fields / columns included in each “audit report”, and a description of the purpose of those fields. The schema would describe the structure of the data contained in the audit reports, but would not contain any individual records of data or footage collected from ALPR cameras, so we believe that this schema would be a valid public record.
For example: If the audit log is exported as a spreadsheet, the schema would be the “header row” of the sheet. If the audit log is exported as a PDF report, the schema would typically be included towards the start of the report, and possibly in a section that includes definitions of terms used within the report.
We wish to clarify that if the documents responsive to this request commingle confidential or otherwise non-producible information, we request that the City redact the confidential information and produce the requested documents.
To reiterate our previous emails – we have not requested that you provide confidential or sensitive information such as videos and info. pertinent to an investigation. However, we may be interested in narrowing our request… but it’s difficult to do so without knowing what data is available to you.
~ The Sunshine Request Team
Status: Clarification Requested -
September 29, 2025 3:06 pm
8 months ago
from: Allison Byers (The City of Asheville, NC) <[email protected]>
to: [email protected]
date: Sep 29, 2025, 3:06 PM
subject: Re: Re: Re: PRR-2025-84Good afternoon, Sunshine Request,
The City Attorney’s Office has reviewed the audit in order to evaluate the information recorded therein and determined that the audit logs exclusively show footage that was pulled from cameras as part of criminal investigations by either the Asheville Police Department or partner organizations. Given this, this information is not public record pursuant to N.C.G.S. 132-1.4. Additionally, although some information contained in the audit may not be covered under G.S. 20-183.31, this information is still reflective of criminal investigations records and therefore excluded pursuant to N.C.G.S. 132-1.4.
A record responsive to part 3 of your request will be produced following this email. The City of Asheville now considers this request closed.
Best,
Allison Byers
Public Records Officer
City of Asheville
Status: Response Received from Government -
September 29, 2025 3:06 pm
8 months ago
from: JustFOIA Notification <[email protected]>
to: [email protected]
date: Sep 29, 2025, 3:06 PM
subject: City of Asheville, NC – Public Records Request PRR-2025-84: CompletedDear Requester,
The request Request Number: PRR-2025-84 has been completed. Please click on the request link to download any responsive records.
Thank you,
City of Asheville, NC
70 Court Plaza
Asheville, NC 28801
(828) 259-5610
[email protected]justfoia
an MCCi brand** Editor’s Note: Please see the 1 file referenced (APD Flock Camera – Sheet1.pdf) at top left in our Documents section. It was uploaded to JustFoia by the City of AVL on 09/29/25.
Status: Response Received from Government -
September 26, 2025 4:48 pm
8 months ago
from: Sunshine Request <[email protected]>
to: 991fb166-5cc6-4e3d-8843-e56a157563a6.AshevilleNC@request.justfoia.com
cc: Allison Byers <[email protected]>
date: Sep 26, 2025, 4:48 PM
subject: Re: Re: PRR-2025-84Hi Allison,
Just following up on my last message (Sep 17, 2025, 2:36 PM).
I’ll follow up again next week if I don’t hear back.
Have a good weekend!
~ The Sunshine Request Team
Status: Follow up -
September 17, 2025 2:36 pm
8 months ago
from: Sunshine Request <[email protected]>
to: 991fb166-5cc6-4e3d-8843-e56a157563a6.AshevilleNC@request.justfoia.com
cc: Allison Byers <[email protected]>
date: Sep 17, 2025, 2:36 PM
subject: Re: Re: PRR-2025-84Hi Allison,
RE:
“After review it has been determined that we are unable to produce any records or information for items 1 or 2 of your request, as the data was obtained by APD directly from Flock and is therefore not producible pursuant to G.S. 20-183.31(b) and/or constitutes as criminal investigations or criminal intelligence records which are not producible pursuant to N.C.G.S. 132-1.4.”
Thank you for your response. Can you please provide any additional details as to the City’s position on why the City feels they cannot provide the information requested related to Organization and Network audits [Items 1 and 2]?
As we indicated in our prior email on August 19, we believe that G.S. 20-183.31(b) is intended to restrict the disclosure of license plate data and other data retrieved directly from ALPR cameras.
G.S. 20-183.31(b) states that “Data obtained by a law enforcement agency in accordance with this Article shall be obtained, accessed, preserved, or disclosed only for law enforcement purposes.” We believe the statute is intentionally specific in restricting access to data obtained by ALPR cameras. The statute does not restrict records created within Flock or other systems that interact with these cameras.
We believe that our requests for Organization and Network audits would not include license plate data or other data obtained directly from ALPR cameras. Our understanding is that these audits would only include records or data documenting City Staff’s usage of the system or requests from other organizations to share or receive data. We feel it is common-sense that these audit records were not obtained from ALPR cameras – rather, they were created by City Staff’s utilization of the Flock system.
We understand that the City also now claims that these records could not be produced under G.S. 132-1.4, governing access to “criminal investigations or criminal intelligence records.” Again, our understanding is that these audits include records describing City Staff’s utilization of the Flock system, or outside organizations’ requests to share or receive data. We do not believe these audits would include license plate data or data pertaining to individual residents.
Can you please clarify how the City feels these audits may represent criminal intelligence or criminal investigation records? If you could provide specific examples of fields included in the Network or Organization audit that represents “criminal intelligence” or “investigation records”, that would be helpful – our understanding is that these audits will describe only the activities of internal staff and requests from outside law enforcement agencies.
We would encourage the City to consider the big picture regarding the context of this request. The City’s deployment of ALPR cameras has occurred relatively recently, and this request represents a desire from a member of the public to learn more about how these systems are utilized. State law requires audits of ALPR systems because there is potential for misuse or abuse of automated surveillance systems.
We believe it would be in the City’s best interest to make these audits available to the public in the spirit of transparency, and to provide valuable information that verifies how these systems are utilized and what outside organizations have access to the data that is obtained from ALPR cameras in our community.
Thank you.
~ The Sunshine Request Team
Status: Clarification Requested -
September 10, 2025 2:41 pm
8 months ago
from: Allison Byers (The City of Asheville, NC) <[email protected]>
reply-to: 991fb166-5cc6-4e3d-8843-e56a157563a6.AshevilleNC@request.justfoia.com
to: [email protected]
date: Sep 10, 2025, 2:41 PM
subject: Re: Re: PRR-2025-84Thank you, Sunshine Request. I have reopened the request.
justfoia
an MCCi brand
Status: Clarification Provided -
September 10, 2025 2:36 pm
8 months ago
from: Sunshine Request <[email protected]>
to: 991fb166-5cc6-4e3d-8843-e56a157563a6.AshevilleNC@request.justfoia.com
date: Sep 10, 2025, 2:36 PM
subject: Re: PRR-2025-84Hi Allison,
Thank you for your message.
I have an additional response to provide, which will be forthcoming.
In the meantime – I’d like to ask that you please remove the “Cancelled” status showing on the request.
This request has not been “Cancelled”, and it is actively being discussed.
Thank you for your help!
~ The Sunshine Request Team
Status: Clarification Requested -
September 9, 2025 4:30 pm
8 months ago
from: Allison Byers (The City of Asheville, NC) <[email protected]>
reply-to: 991fb166-5cc6-4e3d-8843-e56a157563a6.AshevilleNC@request.justfoia.com
to: [email protected]
date: Sep 9, 2025, 4:30 PMGood afternoon, Sunshine Request,
After review it has been determined that we are unable to produce any records or information for items 1 or 2 of your request, as the data was obtained by APD directly from Flock and is therefore not producible pursuant to G.S. 20-183.31(b) and/or constitutes as criminal investigations or criminal intelligence records which are not producible pursuant to N.C.G.S. 132-1.4. However, we will be producing a record in response to item 3 of your request. Once I have received this from our system expert, it will be made available to you via the portal.
Best,
Allison Byers
Public Records Officer
City of Asheville
justfoia
an MCCi brand
Status: Response Received from Government -
September 3, 2025 11:13 am
9 months ago
from: Sunshine Request <[email protected]>
to: 991fb166-5cc6-4e3d-8843-e56a157563a6.AshevilleNC@request.justfoia.com
date: Sep 3, 2025, 11:13 AM
subject: Re: Re: City of Asheville, NC – Public Records Request PRR-2025-84: ConfirmationHi Allison,
Thank you for the update.
I plan to follow up again in another week, if I don’t hear anything else before then.
~ The Sunshine Request Team
Status: Follow up -
September 2, 2025 9:04 am
9 months ago
from: Allison Byers (The City of Asheville, NC) <[email protected]>
to: [email protected]
date: Sep 2, 2025, 9:04 AM
subject: Re: Re: City of Asheville, NC – Public Records Request PRR-2025-84: ConfirmationGood morning, Sunshine Request,
We have not been able to speak with the system expert yet but hope to do so this week. I will let you know when I have any further information.
Best,
Allison Byers
justfoia
an MCCi brand
Status: Follow up -
August 29, 2025 2:39 pm
9 months ago
from: Debra Campbell <[email protected]>
date: Aug 29, 2025, 2:39 PM
subject: Out of the Office Re: City of Asheville, NC – Public Records Request PRR-2025-84: ConfirmationI am currently out of the office and will return on Tuesday, September 2, 2025.
If you need immediate assistance, please call our office at (828)259-5604.
City of Asheville offices will be closed for Labor Day on Monday, September 1.
Thank you!
Debra
—
Debra Campbell
City Manager
City of Asheville
Email: [email protected]
Office: 828-259-5604
Website: www.ashevillenc.gov
from: Sunshine Request <[email protected]>
to: Allison Byers <[email protected]>
cc: “991fb166-5cc6-4e3d-8843-e56a157563a6.AshevilleNC@request.justfoia.com” <991fb166-5cc6-4e3d-8843-e56a157563a6.AshevilleNC@request.justfoia.com>, Debra Campbell <[email protected]>, Brad Branham <[email protected]>
date: Aug 29, 2025, 2:39 PM
subject: Re: City of Asheville, NC – Public Records Request PRR-2025-84: ConfirmationGood afternoon Allison,
I’m just following up on the previous to see if there is any update to provide?
Thank you for your help.
~ The Sunshine Request Team
Status: Follow up -
August 21, 2025 5:31 pm
9 months ago
from: Sunshine Request <[email protected]>
to: Allison Byers <[email protected]>
cc: “991fb166-5cc6-4e3d-8843-e56a157563a6.AshevilleNC@request.justfoia.com” <991fb166-5cc6-4e3d-8843-e56a157563a6.AshevilleNC@request.justfoia.com>, Debra Campbell <[email protected]>, Brad Branham <[email protected]>
date: Aug 21, 2025, 5:31 PM
subject: Re: City of Asheville, NC – Public Records Request PRR-2025-84: ConfirmationHi Allison,
Thank you for the update.
I’ll follow up again in a week or so if I don’t hear anything else.
~ The Sunshine Request Team
Status: Follow up -
August 21, 2025 5:22 pm
9 months ago
from: Allison Byers <[email protected]>
to: Sunshine Request <[email protected]>
cc: “991fb166-5cc6-4e3d-8843-e56a157563a6.AshevilleNC@request.justfoia.com” <991fb166-5cc6-4e3d-8843-e56a157563a6.AshevilleNC@request.justfoia.com>, Debra Campbell <[email protected]>, Brad Branham <[email protected]>
date: Aug 21, 2025, 5:22 PM
subject: Re: City of Asheville, NC – Public Records Request PRR-2025-84: ConfirmationGood afternoon, Sunshine Request,
Legal is reviewing your request but requires access to the system expert in order to determine what, if anything, can be produced. He is currently out of the office on an extended basis, so it will take several days before a final response can be issued.
Best,
Allison Byers
Public Records Officer
City of Asheville
—
Allison Byers
Public Records Officer
City of Asheville
828-259-5631
Status: Clarification Provided -
August 19, 2025 3:23 pm
9 months ago
from: Sunshine Request <[email protected]>
to: 991fb166-5cc6-4e3d-8843-e56a157563a6.AshevilleNC@request.justfoia.com
cc: Allison Byers <[email protected]>, Public Records Request Inbox <[email protected]>, Debra Campbell <[email protected]>, Brad Branham <[email protected]>
date: Aug 19, 2025, 3:23 PM
subject: Re: City of Asheville, NC – Public Records Request PRR-2025-84: ConfirmationGood afternoon JustFoia, Allison, Debra, Brad,
In regard to Request Number: PRR-2025-84, submitted to the City on July 09. We requested the following:
The requested info relates to the City of Asheville / APD’s “Flock data”. Please provide the following:
1. Organization Audit in Flock.
– The report should include data logged from the period of June 01, 2024 through the present day (on the date this request is processed). Per Flock’s documentation, the Organization Audit is available within the Insights tab, and is defined as searches done within the agency.
2. Network Audit in Flock.
– The report should include data logged from the period of June 01, 2024 through the present day (on the date this request is processed). Per Flock’s documentation, the Network Audit is available within the Insights tab, and is defined as searches of the organization’s Flock network by any agency in the Flock System.
For both items 1 and 2 above, please provide the audit data in a structured format such as .csv, .xls, or other machine-readable database filetype.
3. Data Sharing.
a. Names of agencies and organizations with which the Agency shares ALPR data.
b. Names of agencies and organizations from which the Agency receives ALPR data.
c. Names of agencies and organizations with which the Agency shares “hot list” information.
d. Names of agencies and organizations from which the Agency receives “hot list” information”.
We received the following response from the City on August 13:
The request Request Number: PRR-2025-84 has been cancelled. Pursuant to G.S. 20-183.31(b), “data obtained by a law enforcement agency in accordance with this Article shall be obtained, accessed, preserved, or disclosed only for law enforcement purposes.” Therefore, the City has determined that the records requested are not public records, and your request is now closed. Please contact [email protected] with any questions.
We wish to clarify our request, as we believe the City’s justification for “cancellation” is incorrect. Specifically, our request seeks 3 items – two audits which describe Staff utilization use of the Flock system, and documents that identify the names of agencies and organizations with which APD shares or receives ALPR and “hot list” data, which could be either formal data sharing agreements or records that describe individual requests for data.
We are familiar with the provisions on NCGS 20-183.30-33, and we believe that none of the items we requested are limited or excluded by these statutes.
We understand the City has cited the following statute in indicating that this information is not public record:
§ 20‑183.31. Regulation of use.
(b) Data obtained by a law enforcement agency in accordance with this Article shall be obtained, accessed, preserved, or disclosed only for law enforcement purposes. Notwithstanding, data obtained under the authority of this Article shall not be used for the enforcement of traffic violations.
However, we do not feel that any of the items we requested are “Data obtained by a law enforcement agency in accordance with this Article.” Rather, we have requested data created by APD Staff as they utilize the Flock system. These audits are described by the APD Policy Manual as follows:
505.5 ADMINISTRATIVE RESPONSIBILITIES
https://public.powerdms.com/ASHV/list/documents/3369604
5. Will be responsible for conducting, reviewing, and retaining audits of the ALPR system at least annually. Audits should consist of at least the following:
a. Records of ALPR users, system usage, data files being deleted as scheduled, and ensuring that all users are appropriately trained.
As APD’s policy makes clear, the audit reports will include information on ALPR users, system usage, and data files being deleted as scheduled. The policy does not identify “data obtained from ALPR cameras” as items included in the audit reports, and thus we feel that neither the audits nor data sharing agreements / requests are restricted from public release via NCGS 20-183.31(b).
The APD policy manual also clarifies that ALPR data is not a public record and references an additional statute:
Policy 505 – Automated License Plate Recognition
https://public.powerdms.com/ASHV/list/documents/3369604
J. ALPR data is not a public record and will not be disclosed except as provided in N.C. Gen. Stat. § 20-183.32(e).
§ 20-183.32(e).
(e) Captured plate data obtained in accordance with this Article is confidential and not a public record as that term is defined in G.S. 132-1. Data shall not be disclosed except to a criminal justice officer at a State or local law enforcement agency or a similar official at a federal law enforcement agency for a legitimate law enforcement purpose pursuant to a written request from the requesting agency. Written requests may be in electronic format. Nothing in this subsection shall be construed as requiring the disclosure of captured plate data if a law enforcement agency determines that disclosure will compromise an ongoing investigation. Captured plate data shall not be sold for any purpose. (2015-190, s. 1; 2023-151, s. 5(f).)
NCGS 20-183.32(e) specifically states that “captured plate data” is not a public record. However, our request does NOT seek captured plate data.
Rather, we have requested audit logs and records that describe data sharing agreements / data sharing requests with other agencies. Those are clearly not items restricted by NCGS 20-183.32(e), which specifically references only “captured plate data”.
As a result, we believe that the City is incorrectly citing statute to deny (“cancel”) our request for audit logs and data sharing agreements / data requests, and we believe all of the items we requested are public records and should be provided.
~ The Sunshine Request Team
Status: Clarification Requested -
August 13, 2025 11:26 am
9 months ago
from: JustFOIA Notification <[email protected]>
to: [email protected]
date: Aug 13, 2025, 11:26 AM
subject: City of Asheville, NC – Public Records Request PRR-2025-84: CancelledDear Requester,
The request Request Number: PRR-2025-84 has been cancelled. Pursuant to G.S. 20-183.31(b), “data obtained by a law enforcement agency in accordance with this Article shall be obtained, accessed, preserved, or disclosed only for law enforcement purposes.” Therefore, the City has determined that the records requested are not public records, and your request is now closed. Please contact [email protected] with any questions.
Thank you,
City of Asheville, NC
70 Court Plaza
Asheville, NC 28801
(828) 259-5610
[email protected]justfoia
an MCCi brand
** Editor’s Note: Broadly — we do not agree with the City’s assessment of why the specific records we’ve requested won’t be released. Our Team will meet to discuss this matter, and will follow up with the City to provide further clarification, early next week.
Status: Response Received from Government -
August 5, 2025 11:06 am
10 months ago
from: Sunshine Request <[email protected]>
to: 991fb166-5cc6-4e3d-8843-e56a157563a6.AshevilleNC@request.justfoia.com
cc: Allison Byers <[email protected]>
date: Aug 5, 2025, 11:06 AM
subject: Re: City of Asheville, NC – Public Records Request PRR-2025-84: ConfirmationGood afternoon JustFoia, (and Allison CCed),
I’m following up again regarding Request Number: PRR-
2025-84, submitted to the City on July 09: (July 2025) Request for City of Asheville, NC Government: Organization and Network Audit in Flock 06/01/2024 – present. And, list of data sharing agencies and organizations.
I have not received any response since submitting the request, nor to my follow up email about this on July 25th.
Please provide an anticipated date or timeline for the completion of my request.
I will follow up again in 1 week, if I do not hear anything else before then.
Thank you.
~ The Sunshine Request Team
Status: Follow up -
July 25, 2025 12:28 pm
10 months ago
from: Sunshine Request <[email protected]>
to: 991fb166-5cc6-4e3d-8843-e56a157563a6.AshevilleNC@request.justfoia.com
date: Jul 25, 2025, 12:28 PM
subject: Re: City of Asheville, NC – Public Records Request PRR-2025-84: ConfirmationGood afternoon,
In regard to the following Request Number: PRR-2025-84, submitted to the City on July 09:
(July 2025) Request for City of Asheville, NC Government: Organization and Network Audit in Flock 06/01/2024 – present. And, list of data sharing agencies and organizations.
I have not received any response or update since submitting the request — other than, the initial auto-reply confirming the request was entered into the JustFoia system.
One unfortunate inefficiency of the new JustFoia platform is that I cannot follow up directly on a specific request by logging in and sending a message. I also cannot see when departments are assigned etc. Therefore, I must follow up via email any time I want to check on status updates.
Please provide an anticipated date or timeline for the completion of my request.
I will follow up again in 1 week, if I do not hear anything else before then.
Thank you.
~ The Sunshine Request Team
Status: Follow up -
July 23, 2025 4:16 pm
10 months ago
from: Sunshine Request <[email protected]>
to: 991fb166-5cc6-4e3d-8843-e56a157563a6.AshevilleNC@request.justfoia.com
date: Jul 23, 2025, 4:22 PM
subject: Re: City of Asheville, NC – Public Records Request PRR-2025-84: ConfirmationMy apologies.
I was following up on my request PRR–2025-35, but I’ve done so on the wrong email thread (related to a different request).
Please disregard the previous message.
I’ll follow up on the appropriate thread.
~ The Sunshine Request Team
from: Sunshine Request <[email protected]>
to: 991fb166-5cc6-4e3d-8843-e56a157563a6.AshevilleNC@request.justfoia.com
date: Jul 23, 2025, 4:16 PM
subject: Re: City of Asheville, NC – Public Records Request PRR-2025-84: ConfirmationHi City of Asheville Records,
I understand that the City has a Communications Search Queue (spreadsheet).
The communications portion of my request has not moved position [#14] at all in 6 weeks.
I underst that the City has other requests to process. However, can you please provide some update as to the delay in processing this and all other communications-related requests? Is this a staffing issue, etc?
Thank you!
Status: Follow up -
July 9, 2025 3:50 pm
10 months ago
from: JustFOIA Notification <[email protected]>
reply-to: 991fb166-5cc6-4e3d-8843-e56a157563a6.AshevilleNC@request.justfoia.com
to: [email protected]
date: Jul 9, 2025, 3:51 PM
subject: City of Asheville, NC – Public Records Request PRR-2025-84: ConfirmationDear Requester,
Thank you for submitting a request for public records on Wednesday, July 9, 2025.
Your request reference number is Request Number: PRR-2025-84 and your security key is [REDACTED].
Please have the security key and reference number available when communicating with our staff regarding your request.
Thank you,
City of Asheville, NC
70 Court Plaza
Asheville, NC 28801
(828) 259-5610
[email protected]justfoia
an MCCi brand
Thank you for submitting a Public Records Request to the City of Asheville, NC.
Your Request Reference Number is: PRR-2025-84.
Your Security Key is: [REDACTED].
This information can be used to track the status of your request at any time, and to download documents when they have been made available, here: https://cityofashevillenc.justfoia.com/publicportal/home/track
Please have this security key and reference number available when communicating with our staff regarding your request.
You will receive a confirmation of your submission that contains the above information to your email.
Thank you,
City of Asheville, NC
70 Court Plaza
Asheville, NC 28801
(828) 259-5610
If you regularly submit records requests, you can click here to create an account that allows you to manage multiple requests.
**Editor’s Note: We submitted the following request to the City of Asheville on 07/09/25 at 3:50pm EST, via their new public records request portal, JustFOIA. [Note that the City just implemented this platform on 07/01/25 and is no longer using NextRequest to process requests] . If we receive updates, we will post them here on our website. Thank you for using Sunshine Request!
SUBJECT:
(July 2025) Request for City of Asheville, NC Government: Organization and Network Audit in Flock 06/01/2024 – present. And, list of data sharing agencies and organizations.
MESSAGE:
Good afternoon City of AVL, APD, (Records Officer / Custodian(s) of these Records),
Please reply promptly to the following public records request, which I’m making in accordance with NC Public Records Law.
https://www.ncleg.net/enactedlegislation/statutes/html/bychapter/chapter_132.html
The requested info relates to the City of Asheville / APD’s “Flock data”. Please provide the following:
1. Organization Audit in Flock.
– The report should include data logged from the period of June 01, 2024 through the present day (on the date this request is processed). Per Flock’s documentation, the Organization Audit is available within the Insights tab, and is defined as searches done within the agency.
2. Network Audit in Flock.
– The report should include data logged from the period of June 01, 2024 through the present day (on the date this request is processed). Per Flock’s documentation, the Network Audit is available within the Insights tab, and is defined as searches of the organization’s Flock network by any agency in the Flock System.
For both items 1 and 2 above, please provide the audit data in a structured format such as .csv, .xls, or other machine-readable database filetype.
3. Data Sharing.
a. Names of agencies and organizations with which the Agency shares ALPR data.
b. Names of agencies and organizations from which the Agency receives ALPR data.
c. Names of agencies and organizations with which the Agency shares “hot list” information.
d. Names of agencies and organizations from which the Agency receives “hot list” information”.
** I’m simply requesting an electronic copy of an electronic record, if one exists. I’m NOT asking for the opportunity to come in person to “inspect”, nor to obtain a printed copy of, this electronic record. I’m requesting explicitly that any responsive info be provided to me via the electronic medium / electronic format (in which the copy of this record already exists). 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. **
————————————
Please note that by submitting this request, I’m NOT agreeing to pay any potential fees or associated costs related to my request. If it isn’t possible to process the request without incurring fees, then please let me know the itemized potential cost and clear explanations of those charges upfront, and DO NOT proceed until I respond.
By Law I’m not required to provide a name or address to associate with a public records request. However, 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
The request has been sent solely by me and my email address [email protected] . If anyone other than that email address contacts you to pursue a similar request, it did not come from me. Please do not commingle or treat that as an alteration or cancellation of my request – I intend to continue to pursue my request.
Thank you for your assistance!
** 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 -
July 9, 2025 3:55 pm
10 months ago
Submitted to Sunshine Request
Status: Pending