City of Asheville Submitted: October 25, 2021 | Updated: July 26, 2023

(October 2021) Request for City of Asheville, NC Government: All employee emails and messages related to “Ramada” and “Ramada Inn” 01/01/2019 – Present

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:

Please provide all emails, Teams messages, and Skype messages containing the word "Ramada" and "Ramada Inn", sent between any employee of the City of Asheville from 01/01/2019 to Present Day (date the query is performed).

This request should also include all attachments (pdfs, files, videos, hyperlinks, photos, etc), and forwards that are indicated within the responsive records. [For example: A .pdf that is an attachment within an email, should also be provided as a document along with the responsive emails].

Please include all of those additional documents where applicable, as relates to the requested information above.

If the records are ultimately too large to send via emailed file share, I’d ask that you please create a public Google Drive folder / link or some other file format to transfer the files electronically.

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 10/25/21: 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: Government Denied Request

Documents:

Activity:

  • July 26, 2023 8:45 am

    9 months ago

    from: City of Asheville Public Records <[email protected]>
    to: [email protected]
    date: Jul 26, 2023, 8:45 AM
    subject: Your City of Asheville public records request #21-150 has been published.

     

    City of Asheville Public Records

     

    Record request #21-150 has been published and is now available for public view.

     

    Status: Completed
  • July 26, 2023 8:45 am

    9 months ago

    from: City of Asheville Public Records <[email protected]>
    to: [email protected]
    date: Jul 26, 2023, 8:45 AM
    subject: Your City of Asheville public records request #21-150 has been closed.

     

    City of Asheville Public Records

     

    Record request #21-150 has been closed. The closure reason supplied was:

     

    Status: Completed
  • July 25, 2023 3:26 pm

    9 months ago

    from: Sunshine Request <[email protected]>
    to: Open Gov <[email protected]>
    date: Jul 25, 2023, 3:26 PM
    subject: Re: [Public Records Request] Re: requests 21-150 & 22-159

     

    Allison,

     

    On behalf of the Sunshine Request team, I will reiterate that we are still interested in receiving the records identified in # 21-150 and # 22-159, and we believe they should be provided without an excess special services fee.

     

    We have previously clarified that we would like to receive the responsive records in their native format, and we do not need these records reviewed, converted, or organized in any manner.

     

    We believe that your refusal to provide the records for minimal cost — “the actual cost of reproducing the public record or public information,” as provided by statute — is a denial of access to public records and is a violation of the public records law.

     

    We request that you provide the responsive records as promptly as possible. I am not aware of any law that supports the continued delay or denial of these valid public records requests, though I acknowledge that we cannot control how you manage your public records portal.

     

    Patrick Conant
    Director of Sunshine Request

    Status: Follow up
  • July 25, 2023 12:42 pm

    9 months ago

    from: Open Gov <[email protected]>
    to: Sunshine Request <[email protected]>
    date: Jul 25, 2023, 12:42 PM
    subject: Re: [Public Records Request] Re: requests 21-150 & 22-159

     

    Good afternoon, Patrick,

     

    The City’s Public Records Policy details the special service charge on page five, including the statute that allows us to charge this fee. Requests 21-150 and 22-159 have been held in our queue for over a year as a courtesy; in order for processing of these requests to resume, we would need Sunshine Request to acknowledge their wish to proceed knowing the special service charge applies. As mentioned in my prior email, these requests will be closed if I do not hear back by the end of the business day (5:00 PM) today, July 25th, that Sunshine Request wishes to proceed.

     

    Best,

     

    Allison Byers
    Public Records Officer

    City of Asheville

     

    **Editor’s Note: The link Allison referenced, is a City’s of AVL Google Drive link, found here: https://drive.google.com/file/d/1neDIHnOmPyg9San0RLMYMurtHqVKQs7X/view?pli=1

     

    Additionally. We have downloaded the attached policy document she sent with the email as well.

     

    Please see the 1 file referenced (“City-of-Asheville-Public-Records-Policy.pdf”) at top left in our Documents section.

    Status: Response Received from Government
  • July 24, 2023 5:44 pm

    9 months ago

    from: Sunshine Request <[email protected]>
    to: Open Gov <[email protected]>
    date: Jul 24, 2023, 5:44 PM
    subject: Re: requests 21-150 & 22-159

     

    Dear Allison,

     

    On behalf of the Sunshine Request team, I am confirming that we received your email regarding our public records requests # 21-150 and # 22-159.

     

    We are not familiar with any law that supports your statement, “Requests cannot remain on hold indefinitely.” Even more fundamentally, however, we continue to believe that the City’s attempt to collect special service fees in order to fulfill our requests is improper.

     

    We believe that your refusal to provide the records for minimal cost — “the actual cost of reproducing the public record or public information,” as provided by statute — is a denial of access to public records and is a violation of the public records law. Of course we cannot control how you manage your portal, but to be clear, we have requested the records identified in 21-150 and 22-159 and believe they should be provided without an excess special services fee.

     

    Patrick Conant
    Director of Sunshine Request

    Status: Follow up
  • July 18, 2023 2:33 pm

    9 months ago

    from: Open Gov <[email protected]>
    to: Sunshine Request <[email protected]>
    date: Jul 18, 2023, 2:33 PM
    subject: requests 21-150 & 22-159

     

    Good afternoon, Sunshine Request,

     

    I am reaching out about the following public records requests:

     

    21-150: “Please provide all emails, Teams messages, and Skype messages containing the word “Ramada” and “Ramada Inn”, sent between any employee of the City of Asheville from 01/01/2019 to Present Day (date the query is performed).”

     

    22-159: “Please provide all emails related to the Asheville Police Department which were sent to, and sent from, Asheville City Council members from 01/01/2020-02/02/2021.”

     

    You were notified in April 2022 that these requests are both subject to special service charges, for which you were provided estimates via email. Subsequently, per your request, the requests were placed on hold on May 10, 2022. Since that date, you have given no indication that you would be willing to pay the special service charge for either request. Requests cannot remain on hold indefinitely. Please let me know by Tuesday, July 25, 2023, whether you would like to proceed with these requests knowing that they are subject to special service charges. If I do not hear back from you by the end of the business day (5:00 PM) on the 25th, the requests will be closed.

     

    Thank you,
    —
    Allison Byers
    Public Records Officer
    City of Asheville

    Status: Response Received from Government
  • May 10, 2022 9:05 am

    1 year ago

    from: City of Asheville Public Records <[email protected]>
    to: [email protected]
    date: May 10, 2022, 9:05 AM
    subject: [External Message Added] City of Asheville public records request #21-150

     

    Good morning, Patrick & Sunshine Request,

     

    This request will remain open for the time being, however please note that processing will be put on hold. If you have any questions, you may either reply to this message or contact [email protected]. Thank you.

    Status: Response Received from Government
  • May 9, 2022 4:15 pm

    1 year ago

    from: Patrick Conant <[email protected]>
    to: City of Asheville Public Records Request <[email protected]>, Brad Branham <[email protected]>, Debra Campbell <[email protected]>, councilgroup <[email protected]>, [email protected], [email protected], Sunshine Request <[email protected]>
    date: May 9, 2022, 4:15 PM
    subject: Response to “Special Service Charge” for Requests #22-159 and #21-150

     

    City of Asheville Public Records, Brad, Debra, and Asheville City Council,

     

    The City’s Public Records Officer has recently provided the Sunshine Request team with a 5pm deadline to approve “Special Service Charge” fees on two public records requests, #22-159, and #21-150. The City’s Public Records officer has indicated that, if we fail to respond by the 5pm deadline, these requests will be marked as “closed.”

     

    After consulting with experts on NC Public Records Law, the Sunshine Request team has determined that the special service charge fees levied on these requests are both unfair and unreasonable.

     

    As specified under NCGS 132-6.2(b), we intend to engage the State Chief Information Officer or his designee to mediate our dispute with the City.

     

    NCGS 132-6.2(b)

    If anyone requesting public information from any public agency is charged a fee that the requester believes to be unfair or unreasonable, the requester may ask the State Chief Information Officer or his designee to mediate the dispute.

     

    We formally request that the City of Asheville keep these requests open for the duration of this process.

     

    The full communication history of these requests can be seen here:

     

    https://www.sunshinerequest.com/records_request/february-2021-request-for-all-emails-to-from-asheville-nc-city-council-about-asheville-police-department-from-01-01-2020-02-01-2021/


    https://www.sunshinerequest.com/records_request/october-2021-request-for-city-of-asheville-nc-government-all-employee-emails-and-messages-related-to-ramada-and-ramada-inn-01-01-2019-present/

     

    Patrick Conant

    Director of Sunshine Request

    Status: Clarification Requested
  • May 9, 2022 11:36 am

    1 year ago

    from: City of Asheville Public Records <[email protected]>
    to: [email protected]
    date: May 9, 2022, 11:36 AM
    subject: [External Message Added] City of Asheville public records request #21-150

     

    Sunshine Request,

     

    I am reaching out one last time regarding this request. Please let me know if you would like to proceed with this request knowing that it is subject to the special service charge. An estimate was provided to you on May 2, 2022. If I do not hear from you by the end of the business day today (5:00 PM), this request will be closed.

    Status: Clarification Requested
  • May 5, 2022 5:11 pm

    1 year ago

    from: Open Gov <[email protected]>
    to: Sunshine Request <[email protected]>
    cc: Brad Branham <[email protected]>
    date: May 5, 2022, 5:11 PM
    subject: Re: [Public Records Request] Re: request #21-150

     

    Sunshine Request,

     

    When a public records request triggers the special service charge, the service charge applies to the entire amount of time it takes to fulfill the request. As an example, a request that takes four hours and thirty minutes (4.5 hours) to complete will be charged for four hours and thirty minutes (4.5 hours).

     

    “Pursuant to NCGS 132-6.2(b), a special service charge can be applied “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 …” The special service charge “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” (NCGS 132-6.2(b)).” City of Asheville (2021). Public Records Policy.

     

    “A special service charge may be triggered when the above requirements have been met and are reasonably estimated to require more than (four) 4 hours of compilation time by the PRO or staff.” City of Asheville (2021). Public Records Policy.

     

    The process for pulling emails for public records requests is tedious and time-consuming, especially when it’s being performed on a large number of emails or email accounts. Emails are pulled from Google Vault, exported to zip files (by person/email account, so if the request asks for emails of all City staff, there are separate zip files for every employee that has any potentially related email). The zip files then have to be unzipped, individually, and imported to Outlook – also individually. In Outlook, emails are checked to make sure they are responsive to the request and attachments are extracted. Attachments have to be extracted one by one, so every email must be reviewed to see if there is an attachment or document linked within the email. After Outlook, each email account file is individually exported to a PST viewer where it can then be downloaded to a PDF. The PDFs are downloaded to a folder on the computer, and then they are moved to Google Drive.

     

    I want to reiterate that the estimates provided for special service charges are highly variable. The actual amount of time it takes to complete a request may be significantly more than what was initially estimated. The PRO/City staff will use best efforts to keep you to date if it appears that the service charge will vary greatly from the estimate that was provided.

     

    Allison Byers

    Public Records Officer

    Status: Clarification Provided
  • May 5, 2022 4:08 pm

    1 year ago

    from: Sunshine Request <[email protected]>
    to: Open Gov <[email protected]>
    cc: Brad Branham <[email protected]>,
    [email protected]
    date: May 5, 2022, 4:08 PM
    subject: Re: request #21-150

     

    City of Asheville Public Records,

     

    Our team has reviewed your estimate for the time required to complete this request. We would like to request additional information regarding how these estimates are calculated.

     

    First, we understand that the City has chosen to request a “special service charge” for requests that are expected to take greater than 4 hours. Can you clarify if that means the first 4 hours of time are expended without charge, or are those hours included in the cost estimate for any request that exceeds the 4 hour threshold? To put it another way, would a request that requires 4:01 have charges for the full 4:01, or just for the 1 minute of time in excess of 4 hours?

     

    Second, for this specific request, we understand that this request covers exactly 26,160 emails, and you have estimated that it will take approximately 5.232 hours to complete the request.

     

    Can you please provide a full description of the formula utilized to determine this cost estimate? We would like to understand if these cost estimates are determined based solely on the volume of emails requests or if other factors are considered as well.

     

    Furthermore, we understand that the process of fulfilling a request has multiple steps, and we are trying to better understand how much time is required for each. Could you please provide a more detailed breakdown of the cost estimate?

     

    The Sunshine Request team remains deeply concerned by the City’s decision to create significant financial barriers to public records. We greatly appreciate any information you can provide to help our understanding of the City’s process.

    Status: Clarification Requested
  • May 2, 2022 2:29 pm

    1 year ago

    from: Open Gov <[email protected]>
    to: Sunshine Request <[email protected]>
    date: May 2, 2022, 2:29 PM
    subject: request #21-150

     

    Sunshine Request,

     

    This email is regarding your request for “all emails, Teams messages, and Skype messages containing the word “Ramada” and “Ramada Inn”, sent between any employee of the City of
    Asheville from 01/01/2019 to Present Day (date th query is performed)”. (#22-150)

     

    As mentioned in my email dated April 20, 2022, the initial search conducted for this request yielded over 26,000 results (26,160). Given the extensive clerical or supervisory assistance this request will require, and that it is reasonably estimated to require more than four (4) hours of compilation time by the PRO or staff, it is subject to the special service charge.

     

    “Pursuant to NCGS 132-6.2(b), a special service charge can be applied “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 …” The special service charge “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” (NCGS 132-6.2(b)). This fee will not apply for any time required to identify and redact confidential information or for other legal review.” City of Asheville (2021). Public Records Policy.

     

    The special service charge is $18.00/hour, and it is reasonably estimated that this request will take approximately 5.232 hours to complete. Therefore, the estimated special service charge for this request is $94.18. Please note that this is an estimate; the final charge will be determined based on actual processing time (not including reviewing for confidential information or legal review). Please be advised: Service charge estimates are highly variable. The PRO/City staff will use best efforts to keep you up to date if it appears that the service charge will vary greatly from the estimate provided.

     

    Should you choose to continue with this request, the special service charge must be paid at City Hall by cash, check, or money order before any responsive records will be released.

     

    Please let me know by May 9, 2022, if you would like to proceed with this request. If I do not hear from you by that date, I will assume that you do not wish to incur the special service charge and the request will be closed.

     

    Sincerely,
    Allison Byers
    Public Records Officer

    Status: Clarification Requested
  • April 28, 2022 12:47 pm

    1 year ago

    from: Sunshine Request <[email protected]>
    to: [email protected]
    cc: Public Records Request Inbox <[email protected]>, Brad Branham <[email protected]>, Debra Campbell <[email protected]>
    date: Apr 28, 2022, 12:47 PM
    subject: Re: [External Message Added] City of Asheville public records request #21-150

     

    Hi Allison (Et al.),

     

    I’d like to correct one point in my email yesterday. When I referenced NCGS 132-6.2 in my previous message, I should have referenced NCGS 132-6(c):

     

    (c)       No request to inspect, examine, or obtain copies of public records shall be denied on the grounds that confidential information is commingled with the requested nonconfidential information. If it is necessary to separate confidential from nonconfidential information in order to permit the inspection, examination, or copying of the public records, the public agency shall bear the cost of such separation.

     

    https://www.ncleg.net/enactedlegislation/statutes/html/bychapter/chapter_132.html

     

    Please let me know if you have further questions. 

     

    ~ Lauren (and the rest of Sunshine Team)

    Status: Clarification Requested
  • April 27, 2022 4:21 pm

    1 year ago

    from: Sunshine Request <[email protected]>
    to: [email protected]
    cc: Public Records Request Inbox <[email protected]>,
    Brad Branham <[email protected]>,
    Debra Campbell <[email protected]>
    date: Apr 27, 2022, 4:21 PM
    subject: Re: [External Message Added] City of Asheville public records request #21-150

     

    Hi Allison (Brad and Debra CCed),

     

    In reply to your April 20 email. To answer your question – No, I do not wish to narrow or change the request at this time. However, I would like you to first provide me with a detailed “written estimate for the overall charge of this request” you’ve cited, and I will make a decision on how I’d like to proceed from there.

     

    We ask that this written estimate includes a clear breakdown of the estimated time required for each step in the process required to fulfill the request.

     

    I will provide the following clarification: Our request does not ask the City of Asheville to perform an individual review of each record. We accept that any records that match the entered search queries (“Ramada” and “Ramada Inn”) are deemed “responsive” to the request. We are not asking you to perform an individual review of each email to determine if it contains attachments. However, if you are able to export attachments in bulk from the search query, we ask that you include those documents. Furthermore, we are not asking the City to perform an individual review of each record for any other purpose, nor are we asking the City to assemble, organize, or sort the documents in any manner.

     

    If the City needs to review every single record to determine if each record contains “confidential or otherwise non-producable information,” that is a cost that the City is required to bear, as outlined in NCGS 132-6.2:

     

    “If it is necessary to separate confidential from nonconfidential information in order to permit the inspection, examination, or copying of the public records, the public agency shall bear the cost of such separation.”

     

    Please let me know if you have any questions regarding the clarification we have provided, and I look forward to hearing from you soon.

     

    ~ Lauren (and the rest of Sunshine Request Team)

    Status: Clarification Requested
  • April 27, 2022 8:45 am

    1 year ago

    from: City of Asheville Public Records <[email protected]>
    to: [email protected]
    date: Apr 27, 2022, 8:45 AM
    subject: [External Message Added] City of Asheville public records request #21-150

     

    Sunshine Request,

     

    As stated in my email dated April 20, 2022, given the extensive clerical or supervisory assistance this request will require, and that it is reasonably estimated to require more than four (4) hours of compilation time by the PRO or staff, it is subject to the special service charge.

     

    Please let me know if you would like to proceed with this request. I look forward to hearing from you by May 4, 2022.

    Status: Clarification Requested
  • April 20, 2022 3:28 pm

    2 years ago

    from: Open Gov <[email protected]>
    to: Sunshine Request <[email protected]>
    date: Apr 20, 2022, 3:28 PM
    subject: request # 21-150

     

    Sunshine Request,

     

    I am reaching out to you regarding your request for “…all emails, Teams messages, and Skype messages containing the word “Ramada” and “Ramada Inn”, sent between any employee of the City of Asheville from 01/01/2019 to Present Day (date the query is performed)”. (#21-150)

     

    The initial search conducted for this request yielded over 26,000 results. Given the extensive clerical or supervisory assistance this request will require, and that it is reasonably estimated to require more than four (4) hours of compilation time by the PRO or staff, it is subject to the special service charge.

     

    “Pursuant to NCGS 132-6.2(b), a special service charge can be applied “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 …” The special service charge “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” (NCGS 132-6.2(b)). This fee will not apply for any time required to identify and redact confidential information or for other legal review.” City of Asheville (2021). Public Records Policy.

     

    The special service charge is $18.00/hour. You will receive a written estimate for the overall charge of this request. Please let me know if you would like to narrow the scope of your request; doing so may reduce or avoid the service charge.

     

    Should you wish to continue with this request, you will be required to pay the service charge at City Hall by check, cash, or money order prior to the release of any responsive records.

     

    Please let me know if you would like to proceed with this request knowing that the special service charge may apply. The processing of your request will be paused until I hear back from you.

     

    Sincerely,

    Allison Byers

    Public Records Officer

    Status: Clarification Requested
  • February 9, 2022 11:08 am

    2 years ago

    from: City of Asheville Public Records <[email protected]>
    to: [email protected]
    date: Feb 9, 2022, 11:08 AM
    subject: [External Message Added] City of Asheville public records request #21-150

     

    Hello,

     

    Your email request is now number 13 in the email queue and you can view the queue document at any time to see the position of your request. Once the emails are collected and reviewed for confidential information, you will be sent any responsive records. Reply to this message or contact [email protected] with questions.

     

    **Editor’s Note: As mentioned in the City’s message, please refer to the queue document to see the position of this request in their queue: https://docs.google.com/spreadsheets/d/13ywJghRYp1cWoXbuClDKOFh_VhsiqNrLHSTH7R34m94/edit?usp=sharing

    Status: Government Processing Request
  • January 26, 2022 4:43 pm

    2 years ago

    from: Sunshine Request <[email protected]>
    to: [email protected]
    date: Jan 26, 2022, 4:43 PM
    subject: Re: [External Message Added] City of Asheville public records request #21-150

     

    Good afternoon City of Asheville Public Records,

     

    I wanted to check in to see if there was any update to report? I will plan on following up again in mid-February if I don’t hear back before then.

     

    Thank you!

    Status: Follow up
  • November 10, 2021 1:46 pm

    2 years ago

    **11/10/21 Editor’s Note: We will plan on following up on this request in early February 2022. Thank you for using Sunshine Request!

    Status: Government Processing Request
  • October 29, 2021 7:49 am

    2 years ago

    from: City of Asheville Public Records <[email protected]>
    to: [email protected]
    date: Oct 29, 2021, 7:49 AM
    subject: [External Message Added] City of Asheville public records request #21-150

     

    Hello,

     

    Your public records request for emails has been received. Email requests are processed in the order they are received. Your request is number 25 in the email queue and it will be several months before we will be able to respond to your request. Once the emails are collected and reviewed for confidential information, you will be sent any responsive records. Reply to this message or contact [email protected] with questions.

    Status: Government Processing Request
  • October 28, 2021 12:34 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 Public Records,

     

    I’d like to make a public records request for information that may be available in your office.

     

    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 in mid-November if I have not heard back before then.

     

    Here are the details of the request:

     

    Subject: (October 2021) Request for City of Asheville, NC Government: All employee emails and messages related to “Ramada” and “Ramada Inn” 01/01/2019 – Present

     

    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:

     

    Please provide all emails, Teams messages, and Skype messages containing the word “Ramada” and “Ramada Inn”, sent between any employee of the City of Asheville from 01/01/2019 to Present Day (date the query is performed).

     

    This request should also include all attachments (pdfs, files, videos, hyperlinks, photos, etc), and forwards that are indicated within the responsive records. [For example: A .pdf that is an attachment within an email, should also be provided as a document along with the responsive emails].

     

    Please include all of those additional documents where applicable, as relates to the requested information above.

     

    If the records are ultimately too large to send via emailed file share, I’d ask that you please create a public Google Drive folder / link or some other file format to transfer the files electronically.

     

    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
  • October 25, 2021 6:12 pm

    2 years ago

    Submitted to Sunshine Request
    Status: Pending