Other (indicate in message) Submitted: March 12, 2024 | Updated: March 20, 2024

(March 2024) Multi-part request for Town of Ruth, NC Government: Mayor’s emails and texts during the period of 01/01/2023 – 02/29/2024. Keyword specific.

Good afternoon Amie, Mayor, (Custodian(s) of these records),

Please reply promptly to the following multi-part 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

** 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. **

It is my belief that in addition to using his official email account, the Mayor of Ruth might also conduct official business using his personal cell phone to send and receive text messages in his official capacity as Mayor.

If such records exists –

A. Please provide all emails and SMS text messages between Mayor David Guy and Bryson Smith during the period of January 01, 2023 through February 26, 2024. Specifically – I’m only requesting communications that include any of the following keywords:

“Trump” , “Mark” , “Tim” , “Aaron” , “Donnie” , “Jane” , “Bryson” , “Roger” , “Candidate” , “Cash” , “Hunter” , “Secret” , “townhall” , “replace” , “detention” , “election” , “DUI” , “arrest” , “pulled” , “taxes” , “church” , “political” , “traffic stop”

B. Please provide all SMS text messages between Mayor David Guy and Sheriff Ellenburg during the period of January 01, 2023 through February 26, 2024. Specifically – I’m only requesting communications that include any of the following keywords:

“Trump” , “Mark” , “Tim” , “Aaron” , “Donnie” , “Jane” , “Bryson” , “Roger” , “Candidate” , “Cash” , “Hunter” , “Secret” , “townhall” , “replace” , “detention” , “election” , “DUI” , “arrest” , “pulled” , “pulled over” , “taxes” , “budget” , “political” , “traffic stop” , “center” , “hire” , “job”

C. Please provide all SMS text messages between Mayor David Guy and the Town Manager of Rutherfordton (Doug Barrick) during the period of January 01, 2023 through February 26, 2024. Specifically – I’m only requesting communications that include any of the following keywords:

“Detention Center” , “emergency” , “DOT” , “election” , “courthouse” , “arrest” , “DUI” , “townhall” , ”hire” , “meeting” , “Sheriff” , “Chief” , “taxes” , “pulled” , “hide” , “higher” , “traffic stop” , “funds”

NOTE: For all items requested above, I am explicitly asking that you DO NOT provide me with any confidential / sensitive / or personally identifying information about specific victims, their names, or their data, specific case numbers, etc. (if that type of info happens to be contained in any of the responsive records).
————————————

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 explanations for 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, 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 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.

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 03/12/24: The submission above has been revised for clarity, as well as adherence to our policies.

Sunshine Request will not fulfill the following types of requests:

☀️ Requests for public safety information specific to a single individual, address, incident or name.

This includes police reports, calls for service, complaints / incident reports / citations, criminal / arrest type records, or camera footage. We will, on a case by case basis, fulfill public safety related requests that focus on system-level trends and data.

Due to the personal nature of this type of information, we recommend that the sender reach out directly to the appropriate entity for assistance with the request.

☀️ Requests that include profanity, personal statements, opinions, possibly defamatory statements, or other unnecessary info that is not relevant to making a records request.

Please do not include personal opinions and statements in the request’s Subject or Message. Please omit any extraneous statements that are not specific to the exact information you’d like to receive. This is not relevant information pertinent to the processing of a records request, and the request will not be published.

☀️ Requests that are incomplete, non-specific, or vague.

While we do proofread requests we receive for general spelling and clarity, we may choose not to fulfill the request if it is incomplete, or it is unclear what specific information the requester hopes to receive. In this case, the sender may rewrite and resubmit the request.

It’s the requester’s responsibility to write the request in a manner that clearly specifies a record that is being requested, and to what government entity it should be sent.

☀️ Please be specific:

It is important that what you are requesting is specific and reasonable, and is an actionable records request. Please specify the exact type of records you’d like to receive, rather than any “possible” or “potential” info that could be searched. Remember that the larger your request, the more time it usually takes to fulfill. Specificity will often help reduce the amount of time needed to process the request.

It is important that a request has a clearly written and complete Subject and Message, and also specifies the Government Entity (or entities), City and/or County, and State to which the request should be sent. If applicable, please also include any responsive timelines for the info that should be requested.

While we do proofread requests we receive for general spelling and clarity, we may choose not to fulfill the request if it is incomplete, or it is unclear what specific info the requester hopes to receive, or if it violates our policies.

Before submitting a request, please take a moment to review our tips for How to write and make a successful request. If you have additional questions about our site or how to make requests, please check out our FAQs or Policies page.

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☀️ Please note that we cannot pay any fees / associated costs related to any of the requests on our site. If it is not possible for a Government Agency to process our request without incurring fees, then it is the responsibility of that Agency to let us know what the potential costs may be — at which point we will ask that they cease processing the request. We will mark the request as “Completed” on our site, and the sender can contact the Government Agency directly, should they wish to further pursue a request.

Thank you for using Sunshine Request!

Status: Completed

Documents:

Activity:

  • March 20, 2024 11:44 am

    8 months ago

    from: Sunshine Request <[email protected]>
    to: David Guy <[email protected]>
    cc: [email protected], [email protected], [email protected], [email protected]
    date: Mar 20, 2024, 11:44 AM
    subject: Re: Public records request. (March 2024) Multi-part request for Town of Ruth, NC Government: Mayor’s emails and texts during the period of 01/01/2023 – 02/29/2024. Keyword specific.

     

    Good afternoon Mayor,

     

    Thank you for your prompt response.

     

    I appreciate both yours and Ruth’s assistance with my request.

     

    Later today I will mark this request as “Completed” on our website.

     

    Have a great afternoon!

     

    ~ The Sunshine Request Team


    Status: Completed
  • March 19, 2024 7:43 pm

    8 months ago

    from: David Guy <[email protected]>
    to: Sunshine Request <[email protected]>
    cc: [email protected], [email protected], [email protected], [email protected]
    date: Mar 19, 2024, 7:43 PM
    subject: Re: Public records request. (March 2024) Multi-part request for Town of Ruth, NC Government: Mayor’s emails and texts during the period of 01/01/2023 – 02/29/2024. Keyword specific.

     

    Dear Sunshine Request, thank you for your interest in our town business.
    This is the Mayor of Ruth, David Guy.
    I do not have any records that you have requested.
    I hope this satisfies your request.
    Thank you for enlightening us as to the process and how records requests conducted.
    Thank you for your efforts to hold public officials accountable and promote transparency in government.
    It is the reason I ran for and hold office.

     

    David B. Guy

    Mayor, Town of Ruth

    https://www.townofruthnc.gov

    Cell: 828-447-0502

    Townhall:828-287-7943

    FAX: 828-214-5666
    Email: [email protected]
    P.O. Box 791

    199 Northview Dorsey Street

    Ruth, NC 28139-2096


    Status: Response Received from Government
  • March 19, 2024 6:05 pm

    8 months ago

    from: Sunshine Request <[email protected]>
    to:[email protected]” <[email protected]>
    cc: [email protected], [email protected], [email protected], [email protected]
    date: Mar 19, 2024, 6:05 PM
    subject: Re: FW: Re: Public records request. (March 2024) Multi-part request for Town of Ruth, NC Government: Mayor’s emails and texts during the period of 01/01/2023 – 02/29/2024. Keyword specific.

     

    Good evening Amie,

     

    Thanks again for your response / email links provided to me on March 14. I was able to download those files, and that satisfies the email specific portion of Item # A. in my request.

     

    This afternoon my team and I reviewed all communications I’ve exchanged with you about the request to this point. We’d like to circle back now regarding the SMS text messages portions of my request (indicated in Items # A, B, C), and your email about this on March 13 @ 1:28pm: “… Regarding texting on personal phones, to the best of our knowledge, no such records exist; we are only obligated to provide what is within the Town’s possession and control”.

     

    Under NC Law, the custodian of the records has a responsibility to respond to this public records request. If the records I requested exist on the Mayor’s personal cell phone, then the Mayor has a responsibility to produce those records.

     

    In my experience submitting requests to many NC entities, I’ve learned that when a government entity receives requests for public records that might exist on the personal cell phones of staff and elected officials, they will coordinate retrieving those records from the personal devices, and then they will provide me with the records. That allows the entity to coordinate with their legal resources to review and redact any confidential information in those records. If you would like to proceed in that way, that would be fine. But if not, then I will need you to confirm to me that you’ve communicated to the Mayor that as custodian of these public records he needs to directly produce the records I’ve requested.

     

    Please confirm that you are going to retrieve the requested SMS text records from the Mayor, or that you’ve communicated my request to him and he will provide the records to you.

     

    Thank you for your help!

     

    ~ The Sunshine Request Team


    Status: Follow up
  • March 14, 2024 12:15 pm

    8 months ago

    from: [email protected] <[email protected]>
    to: Sunshine Request <[email protected]>
    cc: [email protected], [email protected], [email protected], [email protected]
    date: Mar 14, 2024, 12:15 PM
    subject: Re: FW: Re: Public records request. (March 2024) Multi-part request for Town of Ruth, NC Government: Mayor’s emails and texts during the period of 01/01/2023 – 02/29/2024. Keyword specific.

     

    No problem.

     

    Amie Goode Hanaway

    Town Manager & Administrator
    Financial Director
    Website Administrator

    Clerk to the Board

    https://www.townofruthnc.gov

    PH:   828-287-7943
    FAX: 828-214-5666
    Email: [email protected]
    P.O. Box 791

    199 Northview Dorsey Street

    Rutherfordton, NC 28139-2096

    ____________________________________________________________

     

    Pursuant to North Carolina General Statutes, Chapter 132,et.seq., this electronic mail message and any attachment hereto, as well as any electronic mail message(s) that may be sent in response to it may be considered public record and as such are subject to requests for review.

     

    If you are not the intended recipient of this message (including attachments), or if you have received this message in error, immediately notify us and delete it and any attachments.


    Status: Response Received from Government
  • March 14, 2024 12:11 pm

    8 months ago

    from: Sunshine Request <[email protected]>
    to:[email protected]” <[email protected]>
    cc: [email protected], [email protected], [email protected], [email protected]
    date: Mar 14, 2024, 12:11 PM
    subject: Re: FW: Re: Public records request. (March 2024) Multi-part request for Town of Ruth, NC Government: Mayor’s emails and texts during the period of 01/01/2023 – 02/29/2024. Keyword specific.

     

    Hi Amie,

     

    Thanks for sending those links, and thank you very much for your prompt assistance!

     

    I am intermittently out of the office this week, and I will need some time to review this info with my team and get back to you. We should be able to do that by early next week.

     

    I’ll let you know if I have any questions.

     

    Thank you for your help 🙂

     

    ~ The Sunshine Request Team


    Status: Response Received from Government
  • March 14, 2024 11:59 am

    8 months ago

    from: [email protected] <[email protected]>
    to: [email protected], [email protected]
    cc: [email protected], [email protected], [email protected], [email protected]
    date: Mar 14, 2024, 11:59 AM
    subject: Re: FW: Re: Public records request. (March 2024) Multi-part request for Town of Ruth, NC Government: Mayor’s emails and texts during the period of 01/01/2023 – 02/29/2024. Keyword specific.

     

    Hi, I worked until 11:30 last night and I have your results. Hopefully these links work and are in a format you can access. Please let me know if you have any difficulties and we will try something else. Of note, there are zero emails from or to Sheriff Ellenburg, all traffic from and to Bryson Smith and Doug Barrick are in the respective folders. Also, noteworthy if there are no subfolders with the keywords you’ve requested, no emails exist from or to identified parties.

     

    Bryson

    Doug Barrick

     

    Amie Goode Hanaway

    Town Manager & Administrator
    Financial Director
    Website Administrator

    Clerk to the Board

    https://www.townofruthnc.gov

    PH:   828-287-7943
    FAX: 828-214-5666
    Email: [email protected]
    P.O. Box 791

    199 Northview Dorsey Street

    Rutherfordton, NC 28139-2096

    ____________________________________________________________

     

    Pursuant to North Carolina General Statutes, Chapter 132,et.seq., this electronic mail message and any attachment hereto, as well as any electronic mail message(s) that may be sent in response to it may be considered public record and as such are subject to requests for review.

     

    If you are not the intended recipient of this message (including attachments), or if you have received this message in error, immediately notify us and delete it and any attachments.

     

    **Editor’s Note: The two file links Amie sent were too large to download and upload directly to our website. Therefore, please refer to this public Google Drive folder we’ve created (that mirrors the OneDrive links we received from Amie).  https://drive.google.com/drive/u/1/folders/1SoNfo6XmAXScRmCqaJzsMRBW52o0iIaI


    Status: Government Processing Request
  • March 13, 2024 5:28 pm

    8 months ago

    from: [email protected] <[email protected]>
    to: [email protected]
    cc: [email protected], [email protected], [email protected], [email protected]
    date: Mar 13, 2024, 5:28 PM
    subject: Re: FW: Re: Public records request. (March 2024) Multi-part request for Town of Ruth, NC Government: Mayor’s emails and texts during the period of 01/01/2023 – 02/29/2024. Keyword specific.

     

    No worries, sorry for my delay, I’ve been on with our provider. This is going to take some time, but hopefully I will have data for you by end of day tomorrow, no later than Friday. I’m super pleased to share the exercises we went through today were at no cost, so we are good on that front so far. Hopefully I don’t have to procure outside, third party IT support going forward as I process your request, but I will keep you informed.

     

    On a more personal side note, I appreciate your feedback and comments regarding your intent and nature. My dad used to always say you can’t read emotion through an email or text and I wish I could tell him how right he was! I interpreted an implied sense you thought I was challenging you and I certainly was and am not. I want nothing more than to complete the task. If you knew me, you’d know that without doubt.

     

    Maybe if I need support Patrick or Holden could help me (if they would work for free, lol)! I’d take the support if necessary! On that note, I LOVE Asheville, I lived there for about seven years long ago. No place like, absolutely beautiful area. Thank you for what you do, I will be back to you tomorrow or Friday. Good evening!

     

    Amie Goode Hanaway

    Town Manager & Administrator
    Financial Director
    Website Administrator

    Clerk to the Board

    https://www.townofruthnc.gov

    PH:   828-287-7943
    FAX: 828-214-5666
    Email: [email protected]
    P.O. Box 791

    199 Northview Dorsey Street

    Rutherfordton, NC 28139-2096

    ____________________________________________________________

     

    Pursuant to North Carolina General Statutes, Chapter 132,et.seq., this electronic mail message and any attachment hereto, as well as any electronic mail message(s) that may be sent in response to it may be considered public record and as such are subject to requests for review.

     

    If you are not the intended recipient of this message (including attachments), or if you have received this message in error, immediately notify us and delete it and any attachments.


    Status: Government Processing Request
  • March 13, 2024 4:00 pm

    8 months ago

    from: Sunshine Request <[email protected]>
    to:[email protected]” <[email protected]>
    cc: [email protected], [email protected], [email protected], [email protected]
    date: Mar 13, 2024, 4:03 PM
    subject: Re: FW: Re: Public records request. (March 2024) Multi-part request for Town of Ruth, NC Government: Mayor’s emails and texts during the period of 01/01/2023 – 02/29/2024. Keyword specific.

     

    Hi Amy,

     

    Unfortunately, it looks like we’ve been emailing at the same time as one another — and so I hadn’t seen your reply CCing everyone else, before I sent you my last message at 3:56PM.

     

    I am going to copy that message here, so that all who are now CCed will see my response. Thank you:
    ——————

     

    “Hi Amie,

     

    Thank you for your reply.

     

    I also want to clarify that it is not my intention to sound adversarial either. I apologize if I’ve come off that way.

     

    I’ve had a lot of experience submitting requests for “emails” to many different entities, and from those experiences I’ve learned I need to make sure I state clearly upfront that I’m not agreeing to pay any fees, but do want to know an explanation of the specific cost breakdown so that I consider how to proceed.

     

    I very much appreciate your help, and I will follow up with you again later this month (if I don’t hear anything else before then).

     

    Thank you!

     

    ~ The Sunshine Request Team”


    Status: Government Processing Request
  • March 13, 2024 3:56 pm

    8 months ago

    from: Sunshine Request <[email protected]>
    to:[email protected]” <[email protected]>
    date: Mar 13, 2024, 3:56 PM
    subject: Re: Public records request. (March 2024) Multi-part request for Town of Ruth, NC Government: Mayor’s emails and texts during the period of 01/01/2023 – 02/29/2024. Keyword specific.

     

    Hi Amie,

     

    Thank you for your reply.

     

    I also want to clarify that it is not my intention to sound adversarial either. I apologize if I’ve come off that way.

     

    I’ve had a lot of experience submitting requests for “emails” to many different entities, and from those experiences I’ve learned I need to make sure I state clearly upfront that I’m not agreeing to pay any fees, but do want to know an explanation of the specific cost breakdown so that I consider how to proceed.

     

    I very much appreciate your help, and I will follow up with you again later this month (if I don’t hear anything else before then).

     

    Thank you!

     

    ~ The Sunshine Request Team


    Status: Government Processing Request
  • March 13, 2024 3:53 pm

    8 months ago

    from: [email protected] <[email protected]>
    to: [email protected], [email protected], [email protected]
    cc: [email protected], [email protected], Sunshine Request <[email protected]>
    date: Mar 13, 2024, 3:53 PM
    subject: FW: Re: Public records request. (March 2024) Multi-part request for Town of Ruth, NC Government: Mayor’s emails and texts during the period of 01/01/2023 – 02/29/2024. Keyword specific.

     

    Guys, sorry the last email from Sunshine was not replied all. Want you in the loop on the correspondence.

     

    Amy Goode Hanaway

    Town Manager & Administrator
    Financial Director
    Website Administrator

    Clerk to the Board

    https://www.townofruthnc.gov

    PH:   828-287-7943
    FAX: 828-214-5666
    Email: [email protected]
    P.O. Box 791

    199 Northview Dorsey Street

    Rutherfordton, NC 28139-2096

    ____________________________________________________________

     

    Pursuant to North Carolina General Statutes, Chapter 132,et.seq., this electronic mail message and any attachment hereto, as well as any electronic mail message(s) that may be sent in response to it may be considered public record and as such are subject to requests for review.

     

    If you are not the intended recipient of this message (including attachments), or if you have received this message in error, immediately notify us and delete it and any attachments.


    Status: Clarification Provided
  • March 13, 2024 3:47 pm

    8 months ago

    from: [email protected] <[email protected]>
    to: Sunshine Request <[email protected]>
    date: Mar 13, 2024, 3:47 PM
    subject: Re: Public records request. (March 2024) Multi-part request for Town of Ruth, NC Government: Mayor’s emails and texts during the period of 01/01/2023 – 02/29/2024. Keyword specific.

     

    I wasn’t suggesting we would have to compile them in a special way. When you first contacted us, I attempted to use the search tools available (general and advanced) and there was zero data. I contacted our provider; they told me it would take them 3-4 days to “index” (their word not mine) the data so it would be available to search. That data literally populated yesterday. The “advanced” techniques currently available to us without consulting our provider further, doesn’t even allow input for date ranges (and that’s using their advanced search tools.) I’m not aware and will need guidance from our provider for PST, MBOX or other formats you speak of. Again, I need technologic support and assistance from our provider. Bottom line is I want to fulfill this request and my obligation. I’m not being adversarial. I’m merely and simply communicating the tasks. I appreciate the opportunity and will be better for it going forward. I will consult with our provider right now and will get back with you for any potential special service charge that may or may not be incurred.

     

    Amie Goode Hanaway

    Town Manager & Administrator
    Financial Director
    Website Administrator

    Clerk to the Board

    https://www.townofruthnc.gov

    PH:   828-287-7943
    FAX: 828-214-5666
    Email: [email protected]
    P.O. Box 791

    199 Northview Dorsey Street

    Rutherfordton, NC 28139-2096

    ____________________________________________________________

     

    Pursuant to North Carolina General Statutes, Chapter 132,et.seq., this electronic mail message and any attachment hereto, as well as any electronic mail message(s) that may be sent in response to it may be considered public record and as such are subject to requests for review.

     

    If you are not the intended recipient of this message (including attachments), or if you have received this message in error, immediately notify us and delete it and any attachments.


    Status: Clarification Provided
  • March 13, 2024 3:10 pm

    8 months ago

    from: Sunshine Request <[email protected]>
    to:[email protected]” <[email protected]>
    cc: [email protected], [email protected], [email protected], [email protected]
    date: Mar 13, 2024, 3:10 PM
    subject: Re: Public records request. (March 2024) Multi-part request for Town of Ruth, NC Government: Mayor’s emails and texts during the period of 01/01/2023 – 02/29/2024. Keyword specific.

     

    Hi Amie,

     

    Thank you for explaining. I do understand this is a new experience.

     

    As I indicated when I submitted the request — I cannot agree to pay any potential fees or any 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 cost and explanations for those charges, and do not proceed until I can respond.

     

    I also want to note that I’m not asking for the records (emails) to be compiled in a special way. NC Public Records Law clearly provides the authority for me to request public records in any and all media in which the public agency is capable of providing them, in any medium in which they are available to you. Depending what email infrastructure the Town of Ruth uses, I think that it likely provides you with a mechanism to query and download responsive records in a PST, MBOX, or other format — with a great level of efficiency. I will happily accept those emails in their “native format” , if that’s what you’re able to produce. It seems reasonable to assume that the Town should be able to fulfill most requests that require only a simple query, without triggering a special service charge.

     

    Please let me know what you find out, and I’ll consider my response from there.

     

    Thanks for your help!


    Status: Clarification Requested
  • March 13, 2024 2:54 pm

    8 months ago

    from: [email protected] <[email protected]>
    to: Sunshine Request <[email protected]>
    cc: [email protected], [email protected], [email protected], [email protected]
    date: Mar 13, 2024, 2:54 PM
    subject: Re: Public records request. (March 2024) Multi-part request for Town of Ruth, NC Government: Mayor’s emails and texts during the period of 01/01/2023 – 02/29/2024. Keyword specific.

     

    You are correct, related to the email portion; and yes, we are aware we cannot pass along costs for labor or legal for separating, etc. However, if you will look at the section below, I’ve highlighted from the General Statue 132-6.2 (b)

     

    Notwithstanding the provisions of this subsection, if the request is such as to require extensive use of information technology resources or extensive clerical or supervisory assistance by personnel of the agency involved, or if producing the record in the medium requested results in a greater use of information technology resources than that established by the agency for reproduction of the volume of information requested, then the agency may charge, in addition to the actual cost of duplication, a special service charge, which 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.

     

    We use an email service; I will have to reach out to them to determine how to search, copy and forward to you all emails that return from your selections. If I can do that in house obviously there would be no charge; If they must be enlisted to do it this would qualify under the GS if not beyond reasonable. If there are no costs associated with this task, or they are reasonable, none would be passed on to you. Currently, I don’t know the answer to that question or to your question of the volume of what may be produced from your selections. That’s why the initial email included a cost not to exceed $50, it could be less or none, I merely wanted to make sure the awareness and possibility was clear. I appreciate your point and should’ve worded it differently. This is our first experience with enlisting a service to help us so it’s new for us. We are certainly not intending to charge or profit from supplying public records, if that’s your implication.

     

    Amie Goode Hanaway

    Town Manager & Administrator
    Financial Director
    Website Administrator

    Clerk to the Board

    https://www.townofruthnc.gov

    PH:   828-287-7943
    FAX: 828-214-5666
    Email: [email protected]
    P.O. Box 791

    199 Northview Dorsey Street

    Rutherfordton, NC 28139-2096

    ____________________________________________________________

     

    Pursuant to North Carolina General Statutes, Chapter 132,et.seq., this electronic mail message and any attachment hereto, as well as any electronic mail message(s) that may be sent in response to it may be considered public record and as such are subject to requests for review.

     

    If you are not the intended recipient of this message (including attachments), or if you have received this message in error, immediately notify us and delete it and any attachments.


    Status: Clarification Provided
  • March 13, 2024 1:42 pm

    8 months ago

    from: Sunshine Request <[email protected]>
    to:[email protected]” <[email protected]>
    cc: [email protected], [email protected], [email protected], [email protected]
    date: Mar 13, 2024, 1:42 PM
    subject: Re: Public records request. (March 2024) Multi-part request for Town of Ruth, NC Government: Mayor’s emails and texts during the period of 01/01/2023 – 02/29/2024. Keyword specific.

     

    Hi Amy,

     

    Thanks for your reply.

     

    To clarify — if you’re saying that there are no responsive records to satisfy (some of) Part A. , Part B., and Part C. of my request [which asked for “SMS text messages” specifically] … then I will interpret your message regarding fees to mean that you want to charge $50 for the following only, related to the emails portion of my request:

     

    A. Please provide all emails and SMS text messages between Mayor David Guy and Bryson Smith during the period of January 01, 2023 through February 26, 2024. Specifically – I’m only requesting communications that include any of the following keywords: “Trump” , “Mark” , “Tim” , “Aaron” , “Donnie” , “Jane” , “Bryson” , “Roger” , “Candidate” , “Cash” , “Hunter” , “Secret” , “townhall” , “replace” , “detention” , “election” , “DUI” , “arrest” , “pulled” , “taxes” , “church” , “political” , “traffic stop”

     

    Can you please further explain the itemized cost breakdown of that $50 fee? Additionally, please let me know how many email records you located that are responsive to my request.

     

    You’re likely aware that you cannot charge a special service fee for the staff / legal time required to review and redact / separate confidential from non-confidential information in records. That cost burden is yours to bear.

     

    Thank you for your help!


    Status: Clarification Requested
  • March 13, 2024 1:28 pm

    8 months ago

    from: [email protected] <[email protected]>
    to: [email protected]
    cc: [email protected], [email protected], [email protected], [email protected]
    date: Mar 13, 2024, 1:28 PM
    subject: Re: Public records request. (March 2024) Multi-part request for Town of Ruth, NC Government: Mayor’s emails and texts during the period of 01/01/2023 – 02/29/2024. Keyword specific.

     

    Hey there, we acknowledge your request for records and are working to compile the data. We estimate it will be available within 72 hours. There will be a fee not to exceed $50.00. That fee will include a percentage of our attorney consultation fees, technology fees, and administrative fees. Regarding texting on personal phones, to the best of our knowledge, no such records exist; we are only obligated to provide what is within the Town’s possession and control. Please let me know if you wish to continue and are comfortable incurring fees associated with your request.
    We appreciate your interest and look forward to fulfilling your needs.
    Amy Goode Hanaway,
    Town Manager & Administrator
    Financial Director
    Website Administrator
    Clerk to the Board
    https://www.townofruthnc.gov

    PH: 828-287-7943

    FAX: 828-214-5666

    Email: [email protected]

    P.O.Box 791

    199 Northview Dorsey Street

    Rutherfordton, NC 28139-2096

    __________________________________________________

     

    Pursuant to North Carolina General Statues, Chapter 132, et. seq., this electronic mail message(s) that may be sent in response to it may be considered public record and as such are subject to requests for review.

     

    If you are not the intended recipient of this message (including attachments), or if you have received this message in error, immediately notify us and delete it and any attachments.


    Status: Government Processing Request
  • March 12, 2024 3:21 pm

    8 months ago

    from: Sunshine Request <[email protected]>
    to: [email protected]
    cc: [email protected]
    date: Mar 12, 2024, 3:21 PM
    subject: Public records request. (March 2024) Multi-part request for Town of Ruth, NC Government: Mayor’s emails and texts during the period of 01/01/2023 – 02/29/2024. Keyword specific.

     

    Good afternoon Amie, Mayor, (Custodian(s) of these records),

     

    Please reply promptly to the following multi-part 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

     

    ** 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. **

     

    It is my belief that in addition to using his official email account, the Mayor of Ruth might also conduct official business using his personal cell phone to send and receive text messages in his official capacity as Mayor.

     

    If such records exists –

     

    A. Please provide all emails and SMS text messages between Mayor David Guy and Bryson Smith during the period of January 01, 2023 through February 26, 2024. Specifically – I’m only requesting communications that include any of the following keywords:

     

    “Trump” , “Mark” , “Tim” , “Aaron” , “Donnie” , “Jane” , “Bryson” , “Roger” , “Candidate” , “Cash” , “Hunter” , “Secret” , “townhall” , “replace” , “detention” , “election” , “DUI” , “arrest” , “pulled” , “taxes” , “church” , “political” , “traffic stop”

     

    B. Please provide all SMS text messages between Mayor David Guy and Sheriff Ellenburg during the period of January 01, 2023 through February 26, 2024. Specifically – I’m only requesting communications that include any of the following keywords:

     

    “Trump” , “Mark” , “Tim” , “Aaron” , “Donnie” , “Jane” , “Bryson” , “Roger” , “Candidate” , “Cash” , “Hunter” , “Secret” , “townhall” , “replace” , “detention” , “election” , “DUI” , “arrest” , “pulled” , “pulled over” , “taxes” , “budget” , “political” , “traffic stop” , “center” , “hire” , “job”

     

    C. Please provide all SMS text messages between Mayor David Guy and the Town Manager of Rutherfordton (Doug Barrick) during the period of January 01, 2023 through February 26, 2024. Specifically – I’m only requesting communications that include any of the following keywords:

     

    “Detention Center” , “emergency” , “DOT” , “election” , “courthouse” , “arrest” , “DUI” , “townhall” , ”hire” , “meeting” , “Sheriff” , “Chief” , “taxes” , “pulled” , “hide” , “higher” , “traffic stop” , “funds”

     

    NOTE: For all items requested above, I am explicitly asking that you DO NOT provide me with any confidential / sensitive / or personally identifying information about specific victims, their names, or their data, specific case numbers, etc. (if that type of info happens to be contained in any of the responsive records).
    ————————————

     

    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 explanations for 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, 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 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
  • March 12, 2024 1:48 pm

    8 months ago

    Submitted to Sunshine Request
    Status: Pending