Other (indicate in message) Submitted: June 23, 2023 | Updated: July 14, 2023

(June 2023) Request for Haywood County, NC Schools: Current total compensation for certain employees for FY 2022-2023.

Hello again Bill (or Haywood County, NC Schools Records Officers),

Please reply promptly to the following public records request, which is being made in accordance with NC Public Records Law.
Ref: https://www.ncleg.net/enactedlegislation/statutes/html/bychapter/chapter_132.html

** 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 an electronic medium / format (in which the copy of this record should already exist).

I do not have any additional or further clarifying info I wish to provide to narrow this request. If it is unclear, or 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. **

If such a record exists –

Please provide the current Total Compensation (including salary, supplement, bonus, paid benefit, or other pay differentials -- whichever is applicable) for the following Haywood County Schools, NC employees for the FY 2022-2023 beginning July 01, 2022 and ending June 30, 2023:

Trevor Putnam
Taylor Garland
Kim Shipman
Teresa Cook
Casey Kruk
Casey Conard
Jill Barker
Jenny Wood
Jennifer Reeves
Clint Conner
Kim Jackson

Note: The term “Differential pay” for NC school employees might include but is not limited to things like “National Board for Professional Teaching [NBPTS] certifications”, “hard to teach subjects”, “pay by subject area”, “additional duties”, differential pay for military duty, salary increases for years of experience, tuition subsidies for existing teachers changing fields, and student loan forgiveness, (for example).

If any / all of this info is already publicly available online, please provide a link to where it can be accessed.
——————

Please note that by submitting this request, I am NOT agreeing to pay any potential fees or associated costs related to my request. If it is not possible to process the request without incurring fees, then please let me know the itemized potential cost (explanations / calculations used to determine those charges) upfront, and DO NOT proceed until I can respond.

By 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

The 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 me or my Team. 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!

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.

06/23/23 Editor’s Note: The submission above has been revised for clarity.

Sunshine Request does not control if / when Government entities will confirm receipt, begin processing, complete, or deny requests we submit to them via our website. If you would like to make a request that is time sensitive, we recommend that you reach out to the appropriate government entity directly for assistance with a request, rather than submitting through our site.

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Thank you for using Sunshine Request!

Status: Government Denied Request

Activity:

  • July 14, 2023 12:47 pm

    9 months ago

    from: Sunshine Request <[email protected]>
    to: Patrick Smathers <[email protected]>
    cc: Trevor Putnam <[email protected]>
    date: Jul 14, 2023, 12:47 PM
    subject: Re: Records Request: (June 2023) Request for Haywood County, NC Schools: Current total compensation for certain employees for FY 2022-2023.

     

    Hi Pat,

     

    I’m extremely familiar with NC Public Records Law, what it says, how it works / is interpreted — as well as widely accepted standard procedures for assessing / calculating special service charges for records requests in NC.

     

    Having asked multiple times, and having been provided no explanation for how your fees are being calculated (or what the $25 fee would even cover) — at this time, I’m going to mark this request as having been “Denied” by HCS.

     

    I would highly recommend that moving forward you’re able to produce a copy of HCS’s public records policy (if one even exists) upon request, as well as explanations for how fees are calculated. It is in the public interest for you to do so, is transparent, and allows everyone to see whether you are following public records procedures in accordance with the Law.

     

    I will consider my next steps from here.

     

    Thanks.

     

    from: Patrick Smathers <[email protected]>
    to: Sunshine Request <[email protected]>
    date: Jul 14, 2023, 12:32 PM
    subject: Re: Records Request: (June 2023) Request for Haywood County, NC Schools: Current total compensation for certain employees for FY 2022-2023.

     

    Please read my previous emails, and NCGS 132-6.2(e). No need for further comments. thanks Pat

     

     

    from: Sunshine Request <[email protected]>
    to: Patrick Smathers <[email protected]>
    cc: Trevor Putnam <[email protected]>
    date: Jul 14, 2023, 12:26 PM
    subject: Re: Records Request: (June 2023) Request for Haywood County, NC Schools: Current total compensation for certain employees for FY 2022-2023.

     

    Hi Pat,

     

    I have read all your previous emails. Again, no explanation has been given at all for how this fee was calculated and what it’s for exactly.

     

    I insist that an explanation is provided for what this $25 fee is supposed to cover. I will determine my next steps from there.

     

    If you are unwilling to explain / itemize this charge, then I will mark this request as having been “denied” by your organization, and I will consider the appropriate mediation steps to get a resolution.

     

    Thank you.

     

     

    from: Patrick Smathers <[email protected]>
    to: Sunshine Request <[email protected]>
    date: Jul 14, 2023, 12:19 PM
    subject: Re: Records Request: (June 2023) Request for Haywood County, NC Schools: Current total compensation for certain employees for FY 2022-2023.

     

    Again, please see my previous email. thanks.Pat

     

     

    from: Sunshine Request <[email protected]>
    to: Patrick Smathers <[email protected]>
    cc: Trevor Putnam <[email protected]>
    date: Jul 14, 2023, 11:52 AM
    subject: Re: Records Request: (June 2023) Request for Haywood County, NC Schools: Current total compensation for certain employees for FY 2022-2023.

     

    Hi Pat,

     

    At no point have you ever clarified how that $25 charge is being calculated. I insist that an explanation is provided for how that fee has been assessed, and I will determine its legality at that point.

     

    I am not asking for you to explain to me whether or not you feel you “may charge fees if you want to” — I’m asking explicitly (as I did in my original request) that you provide me with an explanation for how the $25 fee has been determined. What is that cost for, exactly?

     

    For example — Is that some member of staff working at their standard rate of $25 / hour, and needing one hour to produce the records? That is hardly an “extensive use” of IT services. Or, for all I know, you may be referring to a charge to print 100 individual pages of paper copies of records at $0.25 each. This would obviously be unnecessary, since I’m not asking for such a record.

     

    Surely, it is not your position that people making public records requests should agree to pay money to HCS for unknown reasons, without any explanation of the cost.

     

    It will be necessary now and in the future, whenever requests are submitted again to HCS, to have a clear understanding of how fees are being assessed and whether it is reasonable.

     

    Thank you.

     

     

    from: Patrick Smathers <[email protected]>
    to: Sunshine Request <[email protected]>
    date: Jul 14, 2023, 11:29 AM
    subject: Re: Records Request: (June 2023) Request for Haywood County, NC Schools: Current total compensation for certain employees for FY 2022-2023.

     

    Please see my previous last email. thanks Pat

     

     

    from: Sunshine Request <[email protected]>
    to: Patrick Smathers <[email protected]>
    cc: Trevor Putnam <[email protected]>
    date: Jul 14, 2023, 11:13 AM
    subject: Re: Records Request: (June 2023) Request for Haywood County, NC Schools: Current total compensation for certain employees for FY 2022-2023.

     

    Hi Pat,

     

    Thanks for following up.

     

    You have said that my original request can be simplified by looking up only “total compensation received” by each employee, during the specified time period, and that it will be just a number — and not broken down into special categories. That is fine.

     

    I have no intention to pay an arbitrary $25 fee you’ve assessed for the production of what you say may be a fairly simple record to produce. Nor is it reasonable for you to send this record via certified mail, simply because you’d prefer to do so.

     

    Additionally — you still have not indicated how this $25 is being calculated, and how it would correspond to the actual cost incurred to produce these records. Please explain exactly how you’ve determined that amount.

     

    Please provide a copy of HCS’s public records request policy, as well as their policies for assessing / calculating fees for requests.

     

    I’ll consider my response from there.

     

    Thank you.

     

     

    from: Patrick Smathers <[email protected]>
    to: Sunshine Request <[email protected]>,
    Trevor Putnam <[email protected]>
    date: Jul 14, 2023, 9:35 AM
    subject: Re: Records Request: (June 2023) Request for Haywood County, NC Schools: Current total compensation for certain employees for FY 2022-2023.

     

    Mr. Conant I believe you misunderstood my last email. There is no document that shows the total compensation for the people you identified. But a staff person can spend some time and prepare such a document for you. The cost will be $25.00 which is reasonable. Send me your mailing address and we will prepare and will send it to you. Let me know if you want the report or not. I consider this matter concluded. thanks Pat

    Status: Government Denied Request
  • July 13, 2023 4:42 pm

    9 months ago

    from: Sunshine Request <[email protected]>
    to: Patrick Smathers <[email protected]>
    cc: Trevor Putnam <[email protected]>
    date: Jul 13, 2023, 4:42 PM
    subject: Re: Records Request: (June 2023) Request for Haywood County, NC Schools: Current total compensation for certain employees for FY 2022-2023.

     

    Hi Pat,

     

    I agree that it will be sufficient if you just provide me with a simple report showing the “total income for each of the individuals named, during the time period specified”. And therefore, there will be no special service charge.

    Thank you!

    ————————

     

    I do want to address your comment about needing to mail this report, however.

     

    You’ve said this should be a simple report to produce — and since it is an electronic record already, I’m going to ask again that it be provided to me electronically, via email. I have requested the electronic copy of an electronic record (the responsive records are already available to you in that format), and I expect for this electronic record to be delivered via email. NC Public Records Law clearly provides the authority for me to request public records in this manner.

     

    I’ve heard from you [as well as another school recently] that your organization may have had a ransomware attack in past months, which possibly has been fixed. While I understand your security issue and concern, this does not exempt your requirement under the law to produce public records, nor does it allow you to charge fees for producing those records in YOUR preferred format (which we’ve established will not be applicable in this case).

     

    It is possible for you to email me the report. Or, you can also provide a public google drive folder, dropbox link, etc. Sending a file via the mail is an expense (for your organization), as well as an unnecessary burden to access public records (for myself or any others in the public making requests). USPS holds this type of certified mail at their desk, and unless I were to go there repeatedly to see if it has arrived, I will get no notice that a document is being held — it will likely be sent back to your office in a matter of days.

    ————————

     

    Beyond that —
    For my own benefit, as well as that of any future requestors, I’d like to ask that you please explain how you’re determining special service charges for records requests.

     

    The law specifies that special service charges “… shall be reasonable and shall be based on the actual cost incurred for such extensive use of information technology resources or the labor costs of the personnel providing the services, or for a greater use of information technology resources that is actually incurred by the agency or attributable to the agency.”

     

    You’ve said the total cost to fulfill my original request would be $25.00. You have not indicated how this would correspond to the actual cost incurred to produce these records.

     

    – What is this $25 cost for exactly?

    – Please clarify how that amount was determined, and what hourly rate you’re using to calculate a “special service charge”.

    – What is the rate of the “lowest paid staff” that would actually work on completing the original request? What is the hourly rate of your IT Director?

     

    Thank you for your help.

     

    from: Patrick Smathers <[email protected]>
    to: Sunshine Request <[email protected]>,
    Trevor Putnam <[email protected]>
    date: Jul 13, 2023, 4:00 PM
    subject: Fwd: Records Request: (June 2023) Request for Haywood County, NC Schools: Current total compensation for certain employees for FY 2022-2023.

     

    Mr Conant, in follow-up to my last email. It will be a somewhat simple matter for School Staff to come up with a report that shows total income for the the individuals identified, but it will not be broken out by source or type. The cost to prepare that report would be $25.00.Let me know if you want to proceed. Lastly, we will deliver the information to you by mail. The reason being is that our System several months ago was the subject of a serious hack,by criminal elements and as a result, if possible for the protection of School employees we try to limit personal information from all electronic means. Please advise. Thanks. Pat

    Status: Response Received from Government
  • July 12, 2023 5:00 pm

    9 months ago

    from: Patrick Smathers <[email protected]>
    to: Sunshine Request <[email protected]>, Trevor Putnam <[email protected]>
    date: Jul 12, 2023, 5:00 PM
    subject: Re: Records Request: (June 2023) Request for Haywood County, NC Schools: Current total compensation for certain employees for FY 2022-2023.

     

    Mr. Conant, thank you for your response. My understanding is there is no single record which shows total compensation for the individuals listed. It would be possible to do research from various financial reports and records and determine a sum if that is what you want, but there would be a cost for staff time to do the work. I will speak with school personnel tomorrow and determine an estimate of the costs and let you know before starting. thanks. Pat

    Status: Government Processing Request
  • July 12, 2023 4:33 pm

    9 months ago

    from: Sunshine Request <[email protected]>
    to: Patrick Smathers <[email protected]>
    cc: Trevor Putnam <[email protected]>
    date: Jul 12, 2023, 4:33 PM
    subject: Re: Records Request: (June 2023) Request for Haywood County, NC Schools: Current total compensation for certain employees for FY 2022-2023.

     

    Hi Pat,

     

    Thank you for your message.

     

    As I’ve discussed with you and Bill previously via records requests communications we’ve exchanged in 2020 and again in 2021:

     

    I am a real person making a valid public records request under NC Public Records Law NCGS 132, under which there is no provision requiring an individual to provide a name, address, explanations, or even a purpose to associate with a public records request. That being said, if it helps speed along the request I’m happy to provide a name and address, again –– You can consider that this request is made by Patrick Conant, the director of Sunshine Request. Address is PO Box 17391, Asheville NC, 28816.
    Email: [email protected]

     

    Having provided you with this information, you should now proceed to fulfill the request.
    ——————

     

    Additionally —
    I’m asking for the “Total Compensation (including salary, supplement, bonus, paid benefit, or other pay differentials — whichever is applicable)” provided to each of the HCS employees named, from “July 01, 2022 – June 30, 2023”.

     

    I do not have any additional or further clarifying info I wish to provide to narrow this request. I’m simply requesting an electronic copy of an electronic record, if one exists. I am not asking that you compile the information in any special way or that you create a record that does not already exist — If these records do not exist as written, therefore not possible to fulfill this request, then that is fine. Please specify this.

     

    However, if these records do exist , and you’re saying that it’s just not possible to provide the requested info without incurring fees, then please provide the itemized potential cost (explanations / calculations used to determine those charges) upfront, and DO NOT proceed until I can respond.

     

    The law specifies that special service charges “… shall be reasonable and shall be based on the actual cost incurred for such extensive use of information technology resources or the labor costs of the personnel providing the services, or for a greater use of information technology resources that is actually incurred by the agency or attributable to the agency.”  NC Public Records statute is commonly interpreted to allow special service charges only in exceptional circumstances, and it is generally understood to be applicable only in situations where the use of IT resources is truly specialized and excessive, or if it’s necessary to contract with an outside individual or company for assistance.

     

    For example, if the school needed to contract an outside company to retrieve these records, a fee may be reasonable. However, in the circumstance that the IT Director would be gathering this information, this is within their existing job duties and thus is not eligible to be utilized in assessment of a “special service charge.”

     

    Thank you!

    Status: Clarification Provided
  • July 12, 2023 3:50 pm

    9 months ago

    from: Patrick Smathers <[email protected]>
    to: Sunshine Request <[email protected]>, Trevor Putnam <[email protected]>
    date: Jul 12, 2023, 3:50 PM
    subject: Re: Records Request: (June 2023) Request for Haywood County, NC Schools: Current total compensation for certain employees for FY 2022-2023.

     

    To Whom it May Concern; Please be advised that I represent the Haywood County School System and am responding to your request for public records. First, could you please advise who or what “Sunshine Request” is? As you may know NCGS 132-6.2 refers to “persons” and this has been expanded by the Courts to include corporations and newspaper. Please let me know your status. Second, there is no single document which shows total compensation from all sources which might apply. School Administration can and will prepare a report of that nature but will have to charge for the time and expense of preparing the report pursuant to NCGS 132-6.2. Alternatively, if you can identify the particular documents you need, it would be helpful and we can send them to you. If you have any questions, please let me know. Thanks. Pat Smathers

    Status: Clarification Requested
  • July 11, 2023 11:15 am

    9 months ago

    from: Bill Nolte <[email protected]>
    to: [email protected]
    date: Jul 11, 2023, 11:15 AM
    subject: Out of the Office Re: Records Request: (June 2023) Request for Haywood County, NC Schools: Current total compensation for certain employees for FY 2022-2023.

     

    Superintendent Dr. Nolte has recently retired.
    Please contact Superintendent Dr. Putnam for any assistance needed at 828.456.2400.

     

    Thank you,
    Haywood County Schools

     

    Visit us on the web at www.haywood.k12.nc.us. All e-mail correspondence to and from this address is subject to the North Carolina Public Records Law, which may result in monitoring and disclosure to third parties, including law enforcement.
    Status: Follow up
  • July 11, 2023 11:09 am

    9 months ago

    from: Sunshine Request <[email protected]>
    to: [email protected]
    cc: [email protected], [email protected], [email protected], Bill Nolte <[email protected]>, Nathan Haas <[email protected]>, Brooke King <[email protected]>, Patrick Smathers <[email protected]>
    date: Jul 11, 2023, 11:09 AM
    subject: Re: Records Request: (June 2023) Request for Haywood County, NC Schools: Current total compensation for certain employees for FY 2022-2023.

     

    Good Afternoon Bill (or Haywood County, NC Schools Records Officers),

     

    I’m following up on my public records request in the email thread above, first submitted to your offices on June 26, 12:20pm EST.

     

    (June 2023) Request for Haywood County, NC Schools: Current total compensation for certain employees for FY 2022-2023.

     

    I have not received any response since sending in the request.

     

    Please confirm receipt of the request, and let me know that it will begin processing. Please provide an anticipated date for the completion of this request.

     

    I will make one more attempt to follow up again in 1 week, if I do not hear anything else before then.

     

    Thank you!

     

    ~ The Sunshine Request Team

    Status: Follow up
  • June 26, 2023 12:20 pm

    10 months ago

    from: Bill Nolte <[email protected]>
    date: Jun 26, 2023, 12:20 PM
    subject: Out of the Office Re: Records Request: (June 2023) Request for Haywood County, NC Schools: Current total compensation for certain employees for FY 2022-2023.

     

    Superintendent Dr. Nolte has recently retired.
    Please contact Superintendent Dr. Putnam for any assistance needed at 828.456.2400.

     

    Thank you,
    Haywood County Schools

     

    Visit us on the web at www.haywood.k12.nc.us. All e-mail correspondence to and from this address is subject to the North Carolina Public Records Law, which may result in monitoring and disclosure to third parties, including law enforcement.
    Status: Sent to Government
  • June 26, 2023 12:20 pm

    10 months ago

    from: Sunshine Request <[email protected]>
    to: [email protected]
    cc: [email protected], [email protected], [email protected], Bill Nolte <[email protected]>, Nathan Haas <[email protected]>, Brooke King <[email protected]>, Patrick Smathers <[email protected]>
    date: Jun 26, 2023, 12:20 PM
    subject: Records Request: (June 2023) Request for Haywood County, NC Schools: Current total compensation for certain employees for FY 2022-2023.

     

    Hello again Bill (or Haywood County, NC Schools Records Officers),

     

    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 soon if I have not heard back before then.

     

    Here are the details of the request:

     

    Subject: (June 2023) Request for Haywood County, NC Schools: Current total compensation for certain employees for FY 2022-2023.

     

    Message: “Hello again Bill (or Haywood County, NC Schools Records Officers),

     

    Please reply promptly to the following public records request, which is being made in accordance with NC Public Records Law.
    Ref: https://www.ncleg.net/enactedlegislation/statutes/html/bychapter/chapter_132.html

     

    ** 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 an electronic medium / format (in which the copy of this record should already exist).

     

    I do not have any additional or further clarifying info I wish to provide to narrow this request. If it is unclear, or 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. **

     

    If such a record exists –

     

    Please provide the current Total Compensation (including salary, supplement, bonus, paid benefit, or other pay differentials — whichever is applicable) for the following Haywood County Schools, NC employees for the FY 2022-2023 beginning July 01, 2022 and ending June 30, 2023:

     

    Trevor Putnam
    Taylor Garland
    Kim Shipman
    Teresa Cook
    Casey Kruk
    Casey Conard
    Jill Barker
    Jenny Wood
    Jennifer Reeves
    Clint Conner
    Kim Jackson

     

    Note: The term “Differential pay” for NC school employees might include but is not limited to things like “National Board for Professional Teaching [NBPTS] certifications”, “hard to teach subjects”, “pay by subject area”, “additional duties”, differential pay for military duty, salary increases for years of experience, tuition subsidies for existing teachers changing fields, and student loan forgiveness, (for example).

     

    If any / all of this info is already publicly available online, please provide a link to where it can be accessed.
    ——————

     

    Please note that by submitting this request, I am NOT agreeing to pay any potential fees or associated costs related to my request. If it is not possible to process the request without incurring fees, then please let me know the itemized potential cost (explanations / calculations used to determine those charges) upfront, and DO NOT proceed until I can respond.

     

    By 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

     

    The 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 me or my Team. 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!”

     

    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
  • June 23, 2023 2:01 pm

    10 months ago

    Submitted to Sunshine Request
    Status: Pending