Other (indicate in message) Submitted: May 6, 2024 | Updated: June 10, 2024

(May 2024) Request for Gaston County, NC Police Department: Related to Oath of Office and Surety Bond.

Good evening PD Records, Chief, Dandria, (or Records Officer / Custodian(s) of these Records),

Please reply promptly to the following public records request, which I’m making in accordance with NC Public Records Law. https://www.ncleg.net/enactedlegislation/statutes/html/bychapter/chapter_132.html

** 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. **

To:
Gaston County Police Dept.
420 W Franklin Blvd
Gastonia, NC 28052

This request is related to Public Official Surety Bonds and or Surety Liability Insurance Policy that is required to be purchased before taking the Oath of Office. I believe that the Public Official Surety Bond or the Surety Liability Insurance Policy falls under the Freedom of Information Act (FOIA), 5 U.S.C. § 552, The Sunshine Act 5 U.S.C. § 552b, Public Records Law Chapter 132 – North Carolina General Assembly, and that, by law you are obligated to supply me with this information.

Specifically related to Gaston County Police Officer Michael Dodd’s Oath of Office and Surety Bond. Please provide the electronic copy of the following documents:

A) Copy of Public Official Surety Bond: North Carolina Revised State Code 58-72-10. Condition and terms of official bonds.
B) Copy of the governing blanket surety bond (if your board requires the members to be bonded under a blanket bond).
C) Copy of Oath of Office.
D) Employment history and salary.
————————————

Please note that by submitting this request, I’m NOT agreeing to pay any potential fees or associated costs related to my request. If it isn’t possible to process the request without incurring fees, then please let me know the itemized potential cost and clear explanations of those charges upfront, and DO NOT proceed until I respond.

By  Law I’m not required to provide a name or address to associate with a public records request, 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 05/06/24: The submission above has been revised for clarity. Please note:

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.

Sunshine Request is run by a very small team. Due to holidays, unforeseen events / scheduling conflicts, there may be times that we cannot publish or update requests for several days. We will do our best to process all requests as quickly as possible.

We review and send in requests to the appropriate entities as quickly as we are able, and it is up to the Government agency to determine the timeline and speed with which the request can be processed. We generally try to follow up on requests once every 1 – 2 weeks as we’re able, until the government agency has confirmed that the request has been received and is being processed (and there is some timeline for completion), and we will wait to follow up again during the time period they specify.

Thank you for using Sunshine Request!

Status: Completed

Activity:

  • June 10, 2024 6:27 pm

    1 month ago

    ** Editor’s Note to Sender: This info. comes from our FAQs page:

     

    Who should I contact if I think there are results of requests that have been improperly disclosed or should be redacted?

     

    The results of all Completed requests are published on our site, and have been provided to Sunshine Request directly by the disclosing government agency (government entity).

     

    Sunshine Request’s policy in situations involving an alleged improper disclosure is to refer you to the disclosing agency (government entity). If any party feels that an alleged improper disclosure has taken place, please contact the disclosing agency (government entity) directly.

     

    If the disclosing agency, after a review of your case, determines that confidential information was improperly disclosed, and notifies us of such disclosure, we will then be able to review your case.

     

    Similarly — Sunshine Request has reviewed any info given to us from Gaston County to determine if it satisfies the initial request. We make no claim as to the veracity of records / responses we receive from Entities. If you have reason to believe that the County has improperly disclosed (or is not disclosing) all available public records in accordance with NC Public Records Law, we encourage you to reach out to them directly.

     

    Thank your for using www.sunshinerequest.com!


     

    from: Adam J. Gaub <[email protected]> via mx0b-00239402.pphosted.com
    to: Sunshine Request <[email protected]>
    date: Jun 10, 2024, 6:27 PM
    subject: Automatic reply: [EXTERNAL] Public records request. (May 2024) Request for Gaston County, NC Police Department: Related to Oath of Office and Surety Bond.

     

    Thank you for contacting the Gaston County Communications Office. I am out of the office without access to email until Monday, July 1, 2024.

     

    Media members or members of the public requiring immeidate assistance can contact Gaston County Deputy Communications Director Dandria Bradley at [email protected] or (704) 930-6179.

     

    This message may contain confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this email. Please notify the sender immediately by email if you have received this email by mistake and delete it from your system. Emails that do not contain confidential medical information are subject to North Carolina General Statute, Chapter 132 and may be considered a matter of public record.

     

    from: Amia Massey <[email protected]> via mx0b-00239402.pphosted.com
    to: Sunshine Request <[email protected]>
    date: Jun 10, 2024, 6:27 PM
    subject: Automatic reply: [EXTERNAL] Public records request. (May 2024) Request for Gaston County, NC Police Department: Related to Oath of Office and Surety Bond.

     

    I will be out of the office May 29th through June 11th. If you have an urgent matter, you may contact Sharon Fisher at 704-866-3005.

     

    Thank you,

    Amia Massey

     

    This message may contain confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this email. Please notify the sender immediately by email if you have received this email by mistake and delete it from your system. Emails that do not contain confidential medical information are subject to North Carolina General Statute, Chapter 132 and may be considered a matter of public record.

     

    from: John Joye <[email protected]> via mx0b-00239402.pphosted.com
    to: Sunshine Request <[email protected]>
    date: Jun 10, 2024, 6:28 PM
    subject: Automatic reply: [EXTERNAL] Public records request. (May 2024) Request for Gaston County, NC Police Department: Related to Oath of Office and Surety Bond.

     

    I will be out of the Office Tuesday through Friday June 11 – 14. If you need immediate assistance, please contact Al Andrews [email protected] or Melissa Huffman [email protected] . Thanks, JJ

     

    This message may contain confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this email. Please notify the sender immediately by email if you have received this email by mistake and delete it from your system. Emails that do not contain confidential medical information are subject to North Carolina General Statute, Chapter 132 and may be considered a matter of public record.

     

    from: Sunshine Request <[email protected]>
    to: John Joye <[email protected]>
    cc: “Adam J. Gaub” <[email protected]>, “[email protected]” <[email protected]>, Stephen Zill <[email protected]>, Jason Isenhour <[email protected]>, Dandria Bradley <[email protected]>, Amia Massey <[email protected]>
    date: Jun 10, 2024, 6:27 PM
    subject: Re: [EXTERNAL] Public records request. (May 2024) Request for Gaston County, NC Police Department: Related to Oath of Office and Surety Bond.

     

    Hi John,

     

    I reviewed your message above from 06/05 with my Team.

     

    Later this evening or early tomorrow I will mark the request as “Completed” on our website.

     

    Thanks for your help!

     

    ~ The Sunshine Request Team


    Status: Completed
  • June 5, 2024 4:54 pm

    1 month ago

    from: John Joye <[email protected]>
    to: “Adam J. Gaub” <[email protected]>, Sunshine Request <[email protected]>
    cc:[email protected]” <[email protected]>, Stephen Zill <[email protected]>, Jason Isenhour <[email protected]>, Dandria Bradley <[email protected]>, Amia Massey <[email protected]>
    date: Jun 5, 2024, 4:54 PM
    subject: RE: [EXTERNAL] Public records request. (May 2024) Request for Gaston County, NC Police Department: Related to Oath of Office and Surety Bond.

     

    The applicable statute is GS 153A-98 rather than GS 160A-168. The two statutes are virtually identical except for the distinction between Counties vs. Municipalities.

     

    An oath of office is not a contract in the traditional sense. Oaths are much more a solemn promise than a meeting of the minds that include an exchange of value between two parties.

     

    I also note that subsection (b)(4), which you cite as authority that the executed oath of office is part of the public portion of an officer’s personnel file, states that “(4) [t]he terms of a contract by which the employee is employed…” is a matter of public record.

     

    The oath is not the vehicle by which an officer is employed. Also, the terms and language of the Oath which is required of all North Carolina law enforcement officers is set forth and readily available at GS 11-11. Here is the relevant part of the statute:

     

    § 11-11. Oaths of various persons; forms. The oaths of office to be taken by the persons listed in this section shall be in the words following the names of the persons respectively, in all cases after taking the separate oath required by Article VI, Section 7 of the Constitution of North Carolina:…

     

    Law Enforcement Officer

     

    I, A.B., do solemnly swear (or affirm) that I will be alert and vigilant to enforce the criminal laws of this State; that I will not be influenced in any matter on account of personal bias or prejudice; that I will faithfully and impartially execute the duties of my office as a law enforcement officer according to the best of my skill, abilities, and judgment; so help me, God.

     

    If you have a specific statute or case that contradicts my interpretation, please let me know and I will be happy to reconsider.

     

    Thanks, JJ

     

    John D. Joye

    Gaston County Attorney

    [email protected]

    704-866-3194


    Status: Response Received from Government
  • June 5, 2024 11:18 am

    1 month ago

    from: Adam J. Gaub <[email protected]>
    to: Sunshine Request <[email protected]>
    cc: Dandria Bradley <[email protected]>
    date: Jun 5, 2024, 11:18 AM
    subject: RE: [EXTERNAL] Public records request. (May 2024) Request for Gaston County, NC Police Department: Related to Oath of Office and Surety Bond.

     

    This has been sent to our Attorney’s Office for their review and reply, as they made the determination on the Oath of Office being part of an officer’s personnel file.

     

    Thanks,

    Adam

     

    Adam J. Gaub

    Director

    Communications

    Phone: 704.866.3141

    Mobile: 520.405.9541

     

    128 W. Main Ave.

    Gastonia, NC 28052

     

    www.gastongov.com


    This message may contain confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this email. Please notify the sender immediately by email if you have received this email by mistake and delete it from your system. Emails that do not contain confidential medical information are subject to North Carolina General Statute, Chapter 132 and may be considered a matter of public record.


    Status: Government Processing Request
  • May 30, 2024 3:58 pm

    1 month ago

    from: Amia Massey <[email protected]> via mx0a-00239402.pphosted.com
    to: Sunshine Request <[email protected]>
    date: May 30, 2024, 3:58 PM
    subject: Automatic reply: [EXTERNAL] Public records request. (May 2024) Request for Gaston County, NC Police Department: Related to Oath of Office and Surety Bond.

     

    I will be out of the office May 29th through June 10th. If you have an urgent matter, you may contact Sharon Fisher at 704-866-3005.

     

    Thank you,

    Amia Massey

     

    This message may contain confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this email. Please notify the sender immediately by email if you have received this email by mistake and delete it from your system. Emails that do not contain confidential medical information are subject to North Carolina General Statute, Chapter 132 and may be considered a matter of public record.


     

    from: Sunshine Request <[email protected]>
    to: “Adam J. Gaub” <[email protected]>
    cc:[email protected]” <[email protected]>, Stephen Zill <[email protected]>, Jason Isenhour <[email protected]>, Dandria Bradley <[email protected]>, Amia Massey <[email protected]>, John Joye <[email protected]>
    date: May 30, 2024, 3:58 PM
    subject: Re: [EXTERNAL] Public records request. (May 2024) Request for Gaston County, NC Police Department: Related to Oath of Office and Surety Bond.

     

    Hi Adam,

     

    Following up on my previous message. Please let me know what you found out, or when you anticipate fulfilling the request.

     

    FYI. We have already been provided with the “Oath of Office” for other Officers, from several other government entities in NC.

     

    I’m sure that Gaston County, NC is also able to do the same.

     

    Thank you for your help!


    Status: Follow up
  • May 23, 2024 12:52 pm

    1 month ago

    from: Adam J. Gaub <[email protected]>
    to: Sunshine Request <[email protected]>
    cc:[email protected]” <[email protected]>, Stephen Zill <[email protected]>, Jason Isenhour <[email protected]>, Dandria Bradley <[email protected]>, Amia Massey <[email protected]>, John Joye <[email protected]>
    date: May 23, 2024, 12:52 PM
    subject: RE: [EXTERNAL] Public records request. (May 2024) Request for Gaston County, NC Police Department: Related to Oath of Office and Surety Bond.

     

    Good afternoon –

     

    We’ve referred your question for follow up to the County Attorney’s Office. The County Attorney, John Joye, is copied here, and you can expect to hear from his office on the reply.

     

    Thanks,

    Adam

     

    Adam J. Gaub

    Director

    Communications

    Phone: 704.866.3141

    Mobile: 520.405.9541

     

    128 W. Main Ave.

    Gastonia, NC 28052

     

    www.gastongov.com

     

    This message may contain confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this email. Please notify the sender immediately by email if you have received this email by mistake and delete it from your system. Emails that do not contain confidential medical information are subject to North Carolina General Statute, Chapter 132 and may be considered a matter of public record.


    Status: Government Processing Request
  • May 22, 2024 2:14 pm

    1 month ago

    from: Sunshine Request <[email protected]>
    to: “Adam J. Gaub” <[email protected]>
    cc:[email protected]” <[email protected]>, Stephen Zill <[email protected]>, Jason Isenhour <[email protected]>, Dandria Bradley <[email protected]>, Amia Massey <[email protected]>
    date: May 22, 2024, 2:14 PM
    subject: Re: [EXTERNAL] Public records request. (May 2024) Request for Gaston County, NC Police Department: Related to Oath of Office and Surety Bond.

     

    Hi Adam,

     

    Thank you for your response.

     

    I’d like to ask for additional clarification in regard for the “Oath of Office” specifically.

     

    I’ve made this request in accordance with NC Public Records Law. I haven’t come across any statute that specifically says the Oath of Office is not a matter of public record.
    https://www.ncleg.net/enactedlegislation/statutes/html/bychapter/chapter_132.html

     

    However, I interpret that item (4) in particular may cover the Oath of Office, which falls under public personnel records:

     

    § 160A‑168. Privacy of employee personnel records.
    “… an employee’s personnel file consists of any information in any form gathered by the city with respect to that employee and, by way of illustration but not limitation, relating to his application, selection or nonselection, performance, promotions, demotions, transfers, suspension and other disciplinary actions, evaluation forms, leave, salary, and termination of employment. As used in this section, “employee” includes former employees of the city.”
    “(b) The following information with respect to each city employee is a matter of public record:”
    “(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.”
    https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_160a/gs_160a-168.html

     

    For clarity — Can you please cite the specific statute that explicitly exempts you from providing the Oath of Office as a matter of public record?

     

    Thank you for your help.

     

    ~ The Sunshine Request Team


    Status: Clarification Requested
  • May 22, 2024 1:57 pm

    1 month ago

    from: Adam J. Gaub <[email protected]>
    to: Sunshine Request <[email protected]>, “[email protected]” <[email protected]>
    cc: Stephen Zill <[email protected]>, Jason Isenhour <[email protected]>, Dandria Bradley <[email protected]>, Amia Massey <[email protected]>
    date: May 22, 2024, 1:57 PM
    subject: RE: [EXTERNAL] Public records request. (May 2024) Request for Gaston County, NC Police Department: Related to Oath of Office and Surety Bond.

     

    Good afternoon –

     

    Of the information requested, only Officer Dodd’s hire date (04/04/2022) and salary ($68,741.40) is public record. The oath of office is part of the officer’s personnel file and is not public record. The bonds mentioned are only required by a Sheriff’s Office, not a police department.

     

    Thanks,

    Adam

     

    Adam J. Gaub

    Director

    Communications

    Phone: 704.866.3141

    Mobile: 520.405.9541

     

    128 W. Main Ave.

    Gastonia, NC 28052

     

    www.gastongov.com

     

    This message may contain confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this email. Please notify the sender immediately by email if you have received this email by mistake and delete it from your system. Emails that do not contain confidential medical information are subject to North Carolina General Statute, Chapter 132 and may be considered a matter of public record.


    Status: Response Received from Government
  • May 8, 2024 2:01 pm

    2 months ago

    from: Sunshine Request <[email protected]>
    to: “Adam J. Gaub” <[email protected]>
    cc:[email protected]” <[email protected]>, Stephen Zill <[email protected]>, Jason Isenhour <[email protected]>, Dandria Bradley <[email protected]>, Amia Massey <[email protected]>
    date: May 8, 2024, 2:01 PM
    subject: Re: [EXTERNAL] Public records request. (May 2024) Request for Gaston County, NC Police Department: Related to Oath of Office and Surety Bond.

     

    Hi Adam,

     

    Thanks for confirming receipt of my request.

     

    I will follow up with you around late-May, if I don’t hear anything else before then.

     

    Thank you for your help!

     

    ~ The Sunshine Request Team


    Status: Government Processing Request
  • May 7, 2024 3:57 pm

    2 months ago

    from: Adam J. Gaub <[email protected]>
    to: Sunshine Request <[email protected]>, “[email protected]” <[email protected]>
    cc: Stephen Zill <[email protected]>, Jason Isenhour <[email protected]>, Dandria Bradley <[email protected]>, Amia Massey <[email protected]>
    date: May 7, 2024, 3:57 PM
    subject: RE: [EXTERNAL] Public records request. (May 2024) Request for Gaston County, NC Police Department: Related to Oath of Office and Surety Bond.

     

    Good afternoon,

     

    We are in receipt of your records request and will process it in the order in which it was received.

     

    Thanks,

    Adam

     

    Adam J. Gaub

    Director

    Communications

     

    Phone: 704.866.3141

    Mobile: 520.405.9541

     

    128 W. Main Ave.

    Gastonia, NC 28052

     

    www.gastongov.com


    This message may contain confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this email. Please notify the sender immediately by email if you have received this email by mistake and delete it from your system. Emails that do not contain confidential medical information are subject to North Carolina General Statute, Chapter 132 and may be considered a matter of public record.


    Status: Government Processing Request
  • May 6, 2024 6:29 pm

    2 months ago

    from: Sunshine Request <[email protected]>
    to: [email protected]
    cc: [email protected], [email protected], Dandria Bradley <[email protected]>, “Adam J. Gaub” <[email protected]>, Amia Massey <[email protected]>
    date: May 6, 2024, 6:29 PM
    subject: Public records request. (May 2024) Request for Gaston County, NC Police Department: Related to Oath of Office and Surety Bond.

     

    Good evening PD Records, Chief, Dandria, (or Records Officer / Custodian(s) of these Records),

     

    Please reply promptly to the following public records request, which I’m making in accordance with NC Public Records Law. https://www.ncleg.net/enactedlegislation/statutes/html/bychapter/chapter_132.html

     

    ** 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. **

     

    To:
    Gaston County Police Dept.
    420 W Franklin Blvd
    Gastonia, NC 28052

     

    This request is related to Public Official Surety Bonds and or Surety Liability Insurance Policy that is required to be purchased before taking the Oath of Office. I believe that the Public Official Surety Bond or the Surety Liability Insurance Policy falls under the Freedom of Information Act (FOIA), 5 U.S.C. § 552, The Sunshine Act 5 U.S.C. § 552b, Public Records Law Chapter 132 – North Carolina General Assembly, and that, by law you are obligated to supply me with this information.

     

    Specifically related to Gaston County Police Officer Michael Dodd’s Oath of Office and Surety Bond. Please provide the electronic copy of the following documents:

     

    A) Copy of Public Official Surety Bond: North Carolina Revised State Code 58-72-10. Condition and terms of official bonds.
    B) Copy of the governing blanket surety bond (if your board requires the members to be bonded under a blanket bond).
    C) Copy of Oath of Office.
    D) Employment history and salary.
    ————————————

     

    Please note that by submitting this request, I’m NOT agreeing to pay any potential fees or associated costs related to my request. If it isn’t possible to process the request without incurring fees, then please let me know the itemized potential cost and clear explanations of those charges upfront, and DO NOT proceed until I respond.

     

    By Law I’m not required to provide a name or address to associate with a public records request, 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
  • May 6, 2024 6:28 pm

    2 months ago

    Submitted to Sunshine Request
    Status: Pending