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.
Other (indicate in message) Submitted: May 23, 2023 | Updated: June 20, 2023
(May 2023) Request for Town of Maggie Valley, NC Government: “Salaries § 160A-168”
Hi Kathy (or Town of Maggie Valley, NC Government. Records Officer),
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. **
The Subject of this request is “Records Request - Salaries § 160A-168”.
Pursuant to N.C.G.S. 160A-168(b),(b1) I am requesting current salary records for the Town of Maggie Valley employees and Town Board of Aldermen in the following departments and positions: Town Manager, Town Clerk, Town Board of Aldermen, Police Chief, Interim Police Chief, Former Police Chief, Detective, Lieutenant, Sergeant, Police Officer, Public Works Director, Waste Water Treatment Director, and former Police Officer Logan Wood.
For clarification regarding the Board of Aldermen salary – I am requesting any ordinances approving salary increases and excerpts of any minutes where such a vote was approved related to their salary increase.
(b) The following information with respect to each city employee is a matter of public record:
(1) Name.
(2) Age.
(3) Date of original employment or appointment to the service.
(4) The terms of any contract by which the employee is employed whether written or oral, past and current, to the extent that the city has the written contract or a record of the oral contract in its possession.
(5) Current position.
(6) Title.
(7) Current salary.
(8) Date and amount of each increase or decrease in salary with that municipality.
(9) Date and type of each promotion, demotion, transfer, suspension, separation, or other change in position classification with that municipality.
(10) Date and general description of the reasons for each promotion with that municipality.
(11) Date and type of each dismissal, suspension, or demotion for disciplinary reasons taken by the municipality. If the disciplinary action was a dismissal, a copy of the written notice of the final decision of the municipality setting forth the specific acts or omissions that are the basis of the dismissal.
(12) The office to which the employee is currently assigned.
(b1) For the purposes of this subsection, the term "salary" includes pay, benefits, incentives, bonuses, and deferred and all other forms of compensation paid by the employing entity.
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!
Status: Completed
Documents:
Activity:
-
June 20, 2023 6:47 pm
10 months ago
from: Sunshine Request <[email protected]>
to: Tasha Gubernath <[email protected]>
date: Jun 20, 2023, 6:47 PM
subject: Re: Records Request: (May 2023) Request for Town of Maggie Valley, NC Government: “Salaries § 160A-168”Excellent. Thank you Tasha!
I’ll mark this request as “Completed” on our website.
Thanks for your help.
~ The Sunshine Request Team
Status: Completed -
June 20, 2023 6:18 pm
10 months ago
from: Tasha Gubernath <[email protected]>
to: Sunshine Request <[email protected]>
date: Jun 20, 2023, 6:18 PM
subject: RE: Records Request: (May 2023) Request for Town of Maggie Valley, NC Government: “Salaries § 160A-168”That is correct
Status: Clarification Provided -
June 20, 2023 2:39 pm
10 months ago
from: Sunshine Request <[email protected]>
to: Tasha Gubernath <[email protected]>
cc: Kathy Johnson <[email protected]>, Vickie Best <[email protected]>, Mike Eveland <[email protected]>
date: Jun 20, 2023, 2:39 PM
subject: Re: Records Request: (May 2023) Request for Town of Maggie Valley, NC Government: “Salaries § 160A-168”Hi Tasha,
Thank you for explaining.
Regarding age, specifically — That info was not apparent on the spreadsheet.
I think you’re saying, for example, that Employee Number: 6:63 next to Name: BEST, VICKIE MEDFORD, is meant to indicate that her Employee ID is “6”, and her Age is “63” ?
If you can clarify this, then we can mark the request as Completed.
Thank you!
Status: Clarification Requested -
June 19, 2023 2:02 pm
10 months ago
from: Tasha Gubernath <[email protected]>
to: Sunshine Request <[email protected]>
cc: Kathy Johnson <[email protected]>, Vickie Best <[email protected]>, Mike Eveland <[email protected]>
date: Jun 19, 2023, 5:02 PM
subject: RE: Records Request: (May 2023) Request for Town of Maggie Valley, NC Government: “Salaries § 160A-168”Hello,
We have submitted the information to include if they are an employee. It states EMPLOYEE Number. We currently do not have any contract employees. The age is also identified in the information provided next to ID number. This was not a report that was readily available to access. This was compiled and took time to pull. This might be the reason you did not receive all pieces at the same time.
Thank You,
Tasha Gubernath
Finance Director
3987 Soco Rd
Maggie Valley, NC 28751
(828)-926-0866 ext. 101
Status: Clarification Provided -
June 20, 2023 4:51 pm
10 months ago
from: Sunshine Request <[email protected]>
to: Tasha Gubernath <[email protected]>
cc: Kathy Johnson <[email protected]>, Vickie Best <[email protected]>, Mike Eveland <[email protected]>
date: Jun 19, 2023, 4:51 PM
subject: Re: Records Request: (May 2023) Request for Town of Maggie Valley, NC Government: “Salaries § 160A-168”Hi Tasha,
Thank you for providing that spreadsheet!
That document does seem to have addressed most of the outstanding items previously noted in RED. Except, for…
(2) Age.
(4) The terms of any contract by which the employee is employed whether written or oral, past and current, to the extent that the city has the written contract or a record of the oral contract in its possession.
Since there is no explanation given, I’m unsure why these records have not been provided.
However, since I do personally feel that it would be a very time consuming process to provide electronic copies of all employment contracts for every City employee (if they’re not already publicly available online), at this time I will not further pursue this aspect of the request.
If any future requesters would like to receive literally all contracts, then they are encouraged to either reach out to your office directly for assistance. Or, they can submit a new request to our website, more clearly specifying the exact records they hope to receive.
———
I have now marked the request as “Completed”.
Thank you for your help!
~ The Sunshine Request Team
Status: Clarification Requested -
June 16, 2023 3:08 pm
10 months ago
from: Tasha Gubernath <[email protected]>
to: Sunshine Request <[email protected]>, Kathy Johnson <[email protected]>
cc: Vickie Best <[email protected]>, Mike Eveland <[email protected]>
date: Jun 16, 2023, 3:08 PM
subject: RE: Records Request: (May 2023) Request for Town of Maggie Valley, NC Government: “Salaries § 160A-168”Hello,
As per your request you will be able to find all of the information in RED that you have requested for the employees listed below.
Thank You,
Tasha Gubernath
Finance Director
3987 Soco Rd
Maggie Valley, NC 28751
(828)-926-0866 ext. 101
**Editor’s Note: Please see the 1 referenced file from Tasha (“Copy-of-Employee-information.xlsx”) at top left in our Documents section. This document is meant to address our follow up questions that were sent previously, and were highlighted in RED.
Status: Response Received from Government -
June 16, 2023 10:27 am
10 months ago
from: Sunshine Request <[email protected]>
to: Kathy Johnson <[email protected]>
cc: Vickie Best <[email protected]>, Tasha Gubernath <[email protected]>, Mike Eveland <[email protected]>
date: Jun 16, 2023, 10:27 AM
subject: Re: Records Request: (May 2023) Request for Town of Maggie Valley, NC Government: “Salaries § 160A-168”Hi Kathy,
Happy Friday!
I’m following up on my last email in the above. Date: Thu, Jun 1, 5:49 PM
Can you please provide some clarity regarding the items I’ve listed?
Thank you!
~ The Sunshine Request Team
Status: Follow up -
June 1, 2023 5:49 pm
10 months ago
from: Sunshine Request <[email protected]>
to: Kathy Johnson <[email protected]>
cc: Vickie Best <[email protected]>, Tasha Gubernath <[email protected]>
date: Jun 1, 2023, 5:49 PM
subject: Re: Records Request: (May 2023) Request for Town of Maggie Valley, NC Government: “Salaries § 160A-168”Hi Kathy,
Thanks for your message.
RE:
” MV’s Budget will not be approved until 6/20/23. The status of the salaries is how it is currently correct. “I interpret that portion of your message to mean you’re addressing one specific aspect of my original request, specifically related to salary info for the Board of Aldermen.
” For clarification regarding the Board of Aldermen salary – I am requesting any ordinances approving salary increases and excerpts of any minutes where such a vote was approved related to their salary increase.”
I had no complaint about your initial response to this. I understand that ” All BOA MEETING MINUTES CAN BE ACCESSED ON OUR WEBSITE AT https://maggievalleync.gov/ ”
———-RE:
” https://www.nccourts.gov/services/request-a-public-record/about-north-carolina-public-records-law We are not required to create a record. See above link.”If I’m confused or misunderstanding your email in any way, I apologize.
I see that you’re saying you don’t have to create a record that doesn’t exist, and under the law you are correct. However, I’m unclear which elements of my request for “current salary info” you’re saying is not available or “doesn’t have to be provided”. Can you please clarify this?
I’m asking if you can please provide an explanation why the remaining info (see RED bold text) related specifically to Town of Maggie Valley employees, Town Manager, Town Clerk, Police Chief, Interim Police Chief, Former Police Chief, Detective, Lieutenant, Sergeant, Police Officer, Public Works Director, Waste Water Treatment Director, and former Police Officer Logan Wood, … cannot be provided as of the present day? If you’re saying that this info doesn’t apply to these employees, can you please specify that?
(b) The following information with respect to each city employee is a matter of public record:
(2) Age.
(4) The terms of any contract by which the employee is employed whether written or oral, past and current, to the extent that the city has the written contract or a record of the oral contract in its possession.
(8) Date and amount of each increase or decrease in salary with that municipality.
(9) Date and type of each promotion, demotion, transfer, suspension, separation, or other change in position classification with that municipality.
(10) Date and general description of the reasons for each promotion with that municipality.
(11) Date and type of each dismissal, suspension, or demotion for disciplinary reasons taken by the municipality. If the disciplinary action was a dismissal, a copy of the written notice of the final decision of the municipality setting forth the specific acts or omissions that are the basis of the dismissal.
(b1) For the purposes of this subsection, the term “salary” includes pay, benefits, incentives, bonuses, and deferred and all other forms of compensation paid by the employing entity.
Thank you for your help!
~ The Sunshine Request Team
Status: Clarification Requested -
May 31, 2023 9:22 am
10 months ago
from: Kathy Johnson <[email protected]>
to: Sunshine Request <[email protected]>
cc: Vickie Best <[email protected]>, Tasha Gubernath <[email protected]>
date: May 31, 2023, 9:22 AM
subject: RE: Records Request: (May 2023) Request for Town of Maggie Valley, NC Government: “Salaries § 160A-168”MV’s Budget will not be approved until 6/20/23. The status of the salaries is how it is currently correct.
The Chief was terminated on May 11, 2023. There were no demotions, or promotions.
https://www.nccourts.gov/services/request-a-public-record/about-north-carolina-public-records-law
We are not required to create a record. See above link.
Thank you,
Kathy Johnson /Town Clerk
Town of Maggie Valley
3987 Soco Rd
Maggie Valley, NC 28751
828-926-0866 ext 105
Status: Clarification Provided -
May 30, 2023 7:14 pm
10 months ago
from: Sunshine Request <[email protected]>
to: Kathy Johnson <[email protected]>
cc: Vickie Best <[email protected]>, Tasha Gubernath <[email protected]>, Mike Eveland <[email protected]>, Jim Owens <[email protected]>
date: May 30, 2023, 7:14 PM
subject: Re: Records Request: (May 2023) Request for Town of Maggie Valley, NC Government: “Salaries § 160A-168”Hi Kathy,
Thank you for your message.
The spreadsheet you sent includes the following data fields, for 18 employees:
“Employee Name, Department, Hire Date, Primary Position, Status, Annual Wages,” and it also says at the top that this document is for “2022 – 2023”.I also see your note at the bottom of the spreadsheet that says:
” All BOA MEETING MINUTES CAN BE ACCESSED ON OUR WEBSITE AT https://maggievalleync.gov/ “
———————————- The records request I made was for:
Pursuant to N.C.G.S. 160A-168(b),(b1) I am requesting current salary records for the Town of Maggie Valley employees and Town Board of Aldermen in the following departments and positions: Town Manager, Town Clerk, Town Board of Aldermen, Police Chief, Interim Police Chief, Former Police Chief, Detective, Lieutenant, Sergeant, Police Officer, Public Works Director, Waste Water Treatment Director, and former Police Officer Logan Wood.
For clarification regarding the Board of Aldermen salary – I am requesting any ordinances approving salary increases and excerpts of any minutes where such a vote was approved related to their salary increase.
(b) The following information with respect to each city employee is a matter of public record:
(1) Name.
(2) Age.
(3) Date of original employment or appointment to the service.
(4) The terms of any contract by which the employee is employed whether written or oral, past and current, to the extent that the city has the written contract or a record of the oral contract in its possession.
(5) Current position.
(6) Title.
(7) Current salary.
(8) Date and amount of each increase or decrease in salary with that municipality.
(9) Date and type of each promotion, demotion, transfer, suspension, separation, or other change in position classification with that municipality.
(10) Date and general description of the reasons for each promotion with that municipality.
(11) Date and type of each dismissal, suspension, or demotion for disciplinary reasons taken by the municipality. If the disciplinary action was a dismissal, a copy of the written notice of the final decision of the municipality setting forth the specific acts or omissions that are the basis of the dismissal.
(12) The office to which the employee is currently assigned.
(b1) For the purposes of this subsection, the term “salary” includes pay, benefits, incentives, bonuses, and deferred and all other forms of compensation paid by the employing entity.
If any / all of this info is already publicly available online, please provide a link to where it can be accessed.
——————————
—- I have highlighted in red text above, 7 portions of the request which do not seem to have been addressed.
I am asking for this up-to-date information, as of the present day. If you are unable to fulfill any or all parts of my records request, please specifically cite which and why, and where a reason for denial is justified under NC Public Records Law.
Thank you!
~ The Sunshine Request Team
Status: Clarification Requested -
May 24, 2023 3:04 pm
11 months ago
from: Kathy Johnson <[email protected]>
to: Sunshine Request <[email protected]>
cc: Vickie Best <[email protected]>, Tasha Gubernath <[email protected]>, Mike Eveland <[email protected]>, Jim Owens <[email protected]>
date: May 24, 2023, 3:04 PM
subject: RE: Records Request: (May 2023) Request for Town of Maggie Valley, NC Government: “Salaries § 160A-168”Good Afternoon,
Attached you will find the requested information.
Thank You,
Kathy Johnson /Town Clerk
Town of Maggie Valley
3987 Soco Rd
Maggie Valley, NC 28751
828-926-0866 ext 105
**Editor’s Note: Please see the 1 referenced file (“Employee Listing Report.xlsx”) at top left in our Documents section.
Status: Response Received from Government -
May 23, 2023 5:48 pm
11 months ago
from: Sunshine Request <[email protected]>
to: [email protected]
cc: [email protected], [email protected], [email protected], [email protected]
date: May 23, 2023, 5:48 PM
subject: Records Request: (May 2023) Request for Town of Maggie Valley, NC Government: “Salaries § 160A-168”Hi Kathy (or Town of Maggie Valley, NC 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: (May 2023) Request for Town of Maggie Valley, NC Government: “Salaries § 160A-168”
Message: “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. **
The Subject of this request is “Records Request – Salaries § 160A-168”.
Pursuant to N.C.G.S. 160A-168(b),(b1) I am requesting current salary records for the Town of Maggie Valley employees and Town Board of Aldermen in the following departments and positions: Town Manager, Town Clerk, Town Board of Aldermen, Police Chief, Interim Police Chief, Former Police Chief, Detective, Lieutenant, Sergeant, Police Officer, Public Works Director, Waste Water Treatment Director, and former Police Officer Logan Wood.
For clarification regarding the Board of Aldermen salary – I am requesting any ordinances approving salary increases and excerpts of any minutes where such a vote was approved related to their salary increase.
(b) The following information with respect to each city employee is a matter of public record:
(1) Name.
(2) Age.
(3) Date of original employment or appointment to the service.
(4) The terms of any contract by which the employee is employed whether written or oral, past and current, to the extent that the city has the written contract or a record of the oral contract in its possession.
(5) Current position.
(6) Title.
(7) Current salary.
(8) Date and amount of each increase or decrease in salary with that municipality.
(9) Date and type of each promotion, demotion, transfer, suspension, separation, or other change in position classification with that municipality.
(10) Date and general description of the reasons for each promotion with that municipality.
(11) Date and type of each dismissal, suspension, or demotion for disciplinary reasons taken by the municipality. If the disciplinary action was a dismissal, a copy of the written notice of the final decision of the municipality setting forth the specific acts or omissions that are the basis of the dismissal.
(12) The office to which the employee is currently assigned.
(b1) For the purposes of this subsection, the term “salary” includes pay, benefits, incentives, bonuses, and deferred and all other forms of compensation paid by the employing entity.
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.
Editor’s Note to Sender: Although it doesn’t look like it on our website — rest assured that the proper text formatting for the bulleted items, was sent within our actual email to Maggie Valley, NC. See screenshot in our “Documents” section at top left.
Status: Sent to Government -
May 23, 2023 3:14 pm
11 months ago
Submitted to Sunshine Request
Status: Pending