City of Asheville Submitted: March 10, 2022 | Updated: June 22, 2022

(March 2022) Request for City of Asheville, NC Government: Asheville Police Department Officer roster as of 03/10/22 – present day

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

Please provide the first, middle, and last names (and suffix where applicable) of all active sworn officers of the Asheville Police Department as of today’s current date (03/10/22) to the date the query is run.

[Editor's Note to City of AVL Gov: Please ensure that this request is made “public / published" on the City’s Next Request portal so that the public can view ALL associated communications / files / documents, in their entirety within Next Request. Thank you!]
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** 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. **

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.

Editor’s Note 03/10/22: We apologize for the delay in processing and publishing this request on our site. Sunshine Request is a project built and run by a small team at PRC Applications. We run the site in addition to our primary business. While we will always do our best to process and follow up on requests as quickly as possible, there may be occasional delays, depending on our availability in a given week or month.

Thank you for using www.sunshinerequest.com!

Status: Completed

Documents:

APD-Sworn-Police-Officers.pdf

Activity:

June 22, 2022 11:04 am
1 year ago

from: Open Gov <[email protected]>
to: Sunshine Request <[email protected]>
cc: Brad Branham <[email protected]>
date: Jun 22, 2022, 11:04 AM
subject: Re: [Public Records Request] Re: [External Message Added] City of Asheville public records request #22-121

Good morning, Patrick and The Sunshine Request Team,

I have discussed this matter with the City Attorney, and we have no plans to alter our current process for NextRequest portal communications at this time.

Thank you,

Allison Byers
Public Records Officer

Status: Completed
June 17, 2022 3:54 pm
1 year ago

from: Brad Branham <[email protected]>
to: [email protected]
date: Jun 17, 2022, 3:54 PM
subject: OUT OF THE OFFICE Re: [Public Records Request] Re: [External Message Added] City of Asheville public records request #22-121

I will be out of the office on Thursday, June 16th, and Friday, June 17th. During this time, I will have very limited access to email and no access to voicemail. If you need immediate assistance 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

Status: Follow up
June 17, 2022 3:54 pm
1 year ago

from: Sunshine Request <[email protected]>
to: Open Gov <[email protected]>,
Brad Branham <[email protected]>
date: Jun 17, 2022, 3:54 PM
subject: Re: [Public Records Request] Re: [External Message Added] City of Asheville public records request #22-121

Hi Allison,

I’m following up on my last message (Jun 3, 2022, 2:40 PM):

Thank you for confirming that the City does not, in fact, have any policy indicating that NextRequest records or communications should not be made publicly accessible.

We would like to better understand the decision-making for this practice, as we may choose to advocate for the City to adopt a more efficient, transparent, and common-sense policy regarding the publication of information on NextRequest.

Is the decision to deny requests to make records and communication information publicly available a decision made solely at the discretion of the Public Records Officer, or is this decision made by the City Clerk, City Attorney, or City Manager?

~ Patrick Conant (and The Sunshine Request Team)

Status: Follow up
June 3, 2022 2:40 pm
1 year ago

from: Sunshine Request <[email protected]>
to: Open Gov <[email protected]>,
Brad Branham <[email protected]>
date: Jun 3, 2022, 2:40 PM
subject: Re: [Public Records Request] Re: [External Message Added] City of Asheville public records request #22-121

Hi Allison,

Thank you for confirming that the City does not, in fact, have any policy indicating that NextRequest records or communications should
not be made publicly accessible.

We would like to better understand the decision-making for this practice, as we may choose to advocate for the City to adopt a more efficient, transparent, and common-sense policy regarding the publication of information on NextRequest.

Is the decision to deny requests to make records and communication information publicly available a decision made solely at the discretion of the Public Records Officer, or is this decision made by the City Clerk, City Attorney, or City Manager?

~ Patrick Conant (and The Sunshine Request Team)

Status: Clarification Requested
June 3, 2022 12:04 pm
1 year ago

from: Open Gov <[email protected]>
to: Sunshine Request <[email protected]>
date: Jun 3, 2022, 12:04 PM
subject: Re: [Public Records Request] Re: [External Message Added] City of Asheville public records request #22-121

Patrick,

The City does not have a policy “instructing the Public Records Officer to manage public records in a way that restricts public access, wastes staff resources, and undermines the City’s commitment to transparent government”. We also do not have any current plans to implement changes to the communication settings used in the NextRequest portal.

Thank you,

Allison Byers
Public Records Officer

Status: Clarification Provided
June 2, 2022 12:46 pm
1 year ago

from: Sunshine Request <[email protected]>
to: Open Gov <[email protected]>
cc: Brad Branham <[email protected]>
date: Jun 2, 2022, 12:46 PM
subject: Re: [Public Records Request] Re: [External Message Added] City of Asheville public records request #22-121

Hi Allison,

Thank you for this detailed response.

Can you please clarify if the City’s Public Records Policy, or any other City policy, explicitly states the City’s position that the results of records requests and portal communications should not be published in a publicly accessible manner?

The records contained within NextRequest are a type of “data,” and as a result, should be managed in accordance with the City’s Open Data Policy:

https://www.ashevillenc.gov/wp-content/uploads/2016/02/Resolution-No.-15-189.pdf

As the City’s Open Data Policy states, it is the policy of the City of Asheville to “proactively disclose City data,” so it seems logical the City would apply this standard to the data contained within NextRequest.

In order to make this data as accessible as possible to the general public, we feel it would be most appropriate, according to existing City policies, to proactively publish this information by adopting a more “public” set of default settings within NextRequest.

While there may be different interpretations as to the “purpose” of public records, NCGS 132 does clearly state that these records are “the property of the people.” Furthermore, we would argue that it benefits the City of Asheville to make public records requests easily accessible to any member of the public. This practice demonstrates a commitment to transparency, reduces duplicate requests, and helps the public understand the complete context of a public records request.

That being said, if the City has adopted a separate policy that instructs the Public Records Officer to manage public records in a way that restricts public access, wastes staff resources, and undermines the City’s commitment to transparent government, we would like to identify where that is documented.

~ Patrick Conant (and The Sunshine Request Team)

Status: Clarification Requested
May 19, 2022 10:46 am
1 year ago

from: Open Gov <[email protected]>
to: Sunshine Request <[email protected]>
cc: Brad Branham <[email protected]>
date: May 19, 2022, 10:46 AM
subject: Re: [Public Records Request] Re: [External Message Added] City of Asheville public records request #22-121

Good morning, Lauren and Sunshine Request,

The purpose of public records, and the responsibility of the public records officer, is to make public records available to the person who has requested them. It is not a requirement for the records, or communications about a records request, to be produced in a format accessible to the general public. By asking us to make all portal communications public, you are asking us to institute a change in policy and procedure. We cannot make one requester’s communications public while using the automatic portal settings for other requesters. No other requesters have voiced a desire to have their portal communications made public, and we are not going to make that decision or determination for them.

Being a requester, your NextRequest user account gives you access to all of the communications you have had with the City within the NextRequest portal. Therefore, you have the ability to make these communications public if you wish to do so.

Sincerely,

Allison Byers
Public Records Officer

Status: Clarification Provided
May 18, 2022 4:13 pm
1 year ago

from: Sunshine Request <[email protected]>
to: [email protected]
cc: Brad Branham <[email protected]>,
Public Records Request Inbox <[email protected]>
date: May 18, 2022, 4:13 PM
subject: Re: [External Message Added] City of Asheville public records request #22-121

Hi Allison,

Thank you for clarifying what info is made “public” by default on the City’s Next Request page.

You’ve said that “… We use the automatic communication settings for the portal. When a request is closed and published, the portal automatically sets certain communications, such as our closing/final response to the request, to public. Other portal communications between the PRO and requester, such as those regarding updates and requests for clarification, are not automatically set to public by the portal.”

You may be using default settings, but that statement suggests to me the City does also have the controls / ability to publish any additional communications you’d like to be set to “public”. If my assumption is incorrect, please let me know.

I’d like to ask again (as it was included in my original request), that you “Please ensure that this request is made “public / published” on the City’s Next Request portal so that the public can view ALL associated communications / files / documents, in their entirety within Next Request.” My intention with that note was that the City will make public all parts of the request, since in most cases there is nothing confidential or sensitive being discussed that can’t be published. We’re trying to help citizens learn more about the records request process from start to finish, and we would like for our requests to be publicly visible in their entirety.

Thank you for your assistance.

~ Lauren (and The Sunshine Request Team)

Status: Clarification Requested
May 13, 2022 10:04 am
1 year ago

from: City of Asheville Public Records <[email protected]>
to: [email protected]
date: May 13, 2022, 10:04 AM
subject: [External Message Added] City of Asheville public records request #22-121

Good morning, Sunshine Request, We use the automatic communication settings for the portal. When a request is closed and published, the portal automatically sets certain communications, such as our closing/final response to the request, to public. Other portal communications between the PRO and requester, such as those regarding updates and requests for clarification, are not automatically set to public by the portal. Allison Byers Public Records Officer

Status: Response Received from Government
May 12, 2022 3:46 pm
1 year ago

from: Sunshine Request <[email protected]>
to: [email protected]
cc: Public Records Request Inbox <[email protected]>,
Brad Branham <[email protected]>
date: May 12, 2022, 3:46 PM
subject: Re: Your City of Asheville public records request #22-121 has been closed

Good afternoon City of Asheville Records,

Regarding records request #22-121. I’ve added the responsive documents you sent today onto our website. Thank you for making some of this request publicly visible on the City’s Next Request page.

I would like to ask for some additional clarification, however. The full thread of our communications within Next Request is not publicly visible on the City’s page. In other words – I can see everything when I’m logged into my Next Request account, but not when I am logged out and viewing the page publicly.

I’d like to ask for clarification from the City as to why this is the case, and what, if any, policies or procedures the City has been using to determine what communications about a request are made public, and which are not? If I can see it in my Next Request thread about a specific request, then it seems it should all be public by default on the City’s public facing page as well.

Please ensure that all communications I’ve sent to date regarding this request are made publicly visible. For reference – if you need to see the full thread of our communication, we have it on our own site, here: https://www.sunshinerequest.com/records_request/march-2022-request-for-city-of-asheville-nc-government-asheville-police-department-officer-roster-as-of-03-10-22-present-day/

Thank you for your assistance!

Status: Clarification Requested
May 12, 2022 11:11 am
1 year ago

from: City of Asheville Public Records <[email protected]>
to: [email protected]
date: May 12, 2022, 11:11 AM
subject: Your City of Asheville public records request #22-121 has been closed.

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: Please see referenced file “APD Sworn Police Officers.pdf” at top left in documents

Status: Response Received from Government
April 18, 2022 8:22 am
2 years ago

from: City of Asheville Public Records <[email protected]>
to: [email protected]
date: Apr 18, 2022, 8:22 AM
subject: [External Message Added] City of Asheville public records request #22-121

Sunshine Request,

Your request is still being processed, and I do not have an update on your request at this time. Once processing is complete, I will forward you any responsive records. Please reply to this email or contact [email protected] if you have any questions.

Status: Government Processing Request
April 15, 2022 4:17 pm
2 years ago

from: Sunshine Request <[email protected]>
to: [email protected]
cc: Public Records Request Inbox <[email protected]>
date: Apr 15, 2022, 4:17 PM
subject: Re: [External Message Added] City of Asheville public records request #22-121

Good afternoon City of Asheville Public Records,

I’m checking in on this request to see if there’s 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
March 16, 2022 9:19 am
2 years ago

from: City of Asheville Public Records <[email protected]>
to: [email protected]
date: Mar 16, 2022, 9:19 AM
subject: [External Message Added] City of Asheville public records request #22-121

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 note that we are in the process of hiring a new public records officer, and therefore, your request may be delayed. You may reply to this message or contact [email protected] with questions.

Status: Government Processing Request
March 15, 2022 1:05 pm
2 years ago

**Editor’s Note: This request was sent in via Asheville City’s Government’s public records request portal. As we receive updates, we will post them here on our website. Thank you for using Sunshine Request !

Good afternoon City of Asheville Government (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: (March 2022) Request for City of Asheville, NC Government: Asheville Police Department Officer roster as of 03/10/22 – present day

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

Please provide the first, middle, and last names (and suffix where applicable) of all active sworn officers of the Asheville Police Department as of today’s current date (03/10/22) to the date the query is run.

[Editor’s Note to City of AVL Gov: Please ensure that this request is made “public / published” on the City’s Next Request portal so that the public can view ALL associated communications / files / documents, in their entirety within Next Request. Thank you!]

——

** 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. **

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
March 10, 2022 12:48 pm
2 years ago

Submitted to Sunshine Request

Status: Pending