Other (indicate in message) Submitted: April 16, 2021 | Updated: May 5, 2021

[See Editor’s Note](April 2021) Request for City of Brevard, NC Bike Path info as of 04/07/21

Hello City of Brevard, NC (Records Officer),

I'd like to make a public records request under NC Public Records Law, for the following information (see below).

** Please remember that this information is for public knowledge and must be given upon request. Anyone can request public records, and no statement of purpose is required. Section § 132-6 of the North Carolina Public Records Law states that a custodian of public records shall make them available “... at reasonable times and under reasonable supervision by any person...”
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Please provide all responsive records for the following, as of 04/07/21 (or as of the date the query is performed):

(1) Please provide the total cost of the bike path from the new depot parking lot on Railroad Ave to McLean rd. Please provide the total cost of project and the total cost per linear foot of work.

(2) Please provide the estimated cost if the path had followed the old railroad track. Please provide any City owned documentation you have (City e-mails, work orders, Council meeting minutes, City contracts) which state the reason the path did not follow the old railroad track like the rest of the path.

**Note: I've tried my best to write this request in a manner that indicates the records I hope to receive. However, if any portion of #2 in this request needs additional clarification in order for you to fulfill - Then please let me know what specific info would be helpful for me to provide, so that I can resubmit and further clarify],

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 04/16/21: The above submission has been revised for clarity.

Sunshine Request will not fulfill the following types of requests:
  • ☀️ Requests that are incomplete, non-specific, overly broad, or vague.
    ☀️ Requests that are only informational questions [rather than a specific request for public records], and requests that are not addressed to government entities.

Additionally – 

As originally written, the sender indicated that there was a “please fulfill by / respond by” date related to the request. 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. We do our best to 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.

Please do not send us additional submissions asking that we “follow up on” a request on our site, or to ask for a status update on a request. If at any time you would like to track the status of your request, please “Search” for your request via the “Search box” or by viewing the list of requests on theView All Requests page. Any updates we receive will be posted on our site as soon as we are able.

We are a 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.


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

Thank you for using www.sunshinerequest.com!

Status: Follow up

Activity:

  • May 5, 2021 10:54 am

    2 days ago

    from: Mack McKeller <[email protected]>
    to: Sunshine Request <[email protected]>,
    Michael Pratt <[email protected]>
    cc: Jill Murray <[email protected]>,
    Jim Fatland <[email protected]>,
    Jimmy Harris <[email protected]>,
    Mac Morrow <[email protected]>,
    Maureen Copelof <[email protected]>,
    Gary Daniel <[email protected]>,
    Geraldine Dinkins <[email protected]>,
    Maurice Jones <[email protected]>
    date: May 5, 2021, 10:54 AM
    subject: RE: Records Request: (April 2021) Request for City of Brevard, NC Bike Path info as of 04/07/21

     

    Sunshine Request,

     

    Thank you for your patience in allowing me a little time to get my feet on the ground in the City Attorney position. Please note my new email address above.

     

    The genesis of the City’s request to provide an individual’s name with each Public Records request was to provide better customer service by having more information from which to make sure the request was being fully addressed and to ensure citizens were potentially notified in areas of their particular interests in the event new issues related to their requests arose. The City also wanted to ensure that repetitive requests were minimized.

     

    Having said that, it is my opinion that no individuals name is required for a Public Records request therefore I am asking the City Clerk to no longer require that as a condition for releasing the records. She should still request a name for the reasons I have stated above.

     

    I hope this addresses your request. As I see that many council members were copied in this email, I will remind them, as Mike did earlier, that they should refrain from “replying all” in order to avoid potential Open Meetings Law issues. If any of you have questions, please feel free to email or call directly.

     

    Mack McKeller

    Carr, Blackwell & Associates, P.C.

    130 S. Broad Street

    P. O.Box 13

    Brevard, N. C. 28712

    (828) 966-3159

    Fax: (828) 966-3164


    Status: Response Received from Government
  • April 27, 2021 11:53 am

    1 week ago

    from: Sunshine Request <[email protected]>
    to: Michael Pratt <[email protected]>
    cc: Jill Murray <[email protected]>,
    Jim Fatland <[email protected]>,
    Jimmy Harris <[email protected]>,
    Mac Morrow <[email protected]>,
    Maureen Copelof <[email protected]>,
    Gary Daniel <[email protected]>,
    Geraldine Dinkins <[email protected]>,
    Maurice Jones <[email protected]>,
    Mack McKeller <[email protected]>
    date: Apr 27, 2021, 11:53 AM
    subject: Re: Records Request: (April 2021) Request for City of Brevard, NC Bike Path info as of 04/07/21

     

    Hi Michael,

     

    Thank you for this update, and we wish you the best of luck in your future endeavors.

     

    Mr. McKeller — We look forward to working with you and other staff at the City of Brevard to facilitate the public’s access to government records.

     

    Please let us know if you have any questions regarding the public records requests we have submitted to the City of Brevard, or if the City is ready to proceed with fulfilling
    these public records requests.

     

    We understand that you are new in this role, and we will be patient, yet persistent, in following up on the requests we have submitted to the City of Brevard.

     

    If it would be helpful, I would be happy to arrange a phone call with Patrick Conant (the Director of Sunshine Request), to answer any questions that you may have.


    Status: Clarification Provided
  • April 26, 2021 4:28 pm

    1 week ago

    from: Michael Pratt <[email protected]>
    to: Sunshine Request <[email protected]>,
    Jill Murray <[email protected]>
    cc: Jim Fatland <[email protected]>,
    Jimmy Harris <[email protected]>,
    Mac Morrow <[email protected]>,
    Maureen Copelof <[email protected]>,
    Gary Daniel <[email protected]>,
    Geraldine Dinkins <[email protected]>,
    Maurice Jones <[email protected]>,
    Mack McKeller <[email protected]>
    date: Apr 26, 2021, 4:28 PM
    subject: RE: Records Request: (April 2021) Request for City of Brevard, NC Bike Path info as of 04/07/21

     

    To: Sunshine Request.

     

    As you know, you and I have different positions regarding the law on whether a request can be made by a third party on behalf of an unidentified individual. You may not know that I have resigned as City Attorney effective April 30, and Brevard City Council has entered into an arrangement for attorney Mack McKeller to be the new City Attorney. I will turn this matter over to Mack at or before the end of this month, and he will make an independent decision, apart from me, as to what position the City should take.

     

    With that in mind, my suggestion to you is that you give Mack a couple or three weeks for him to get up to speed. He may see it as I do, but he may also see it as you do. I’m sure that he will be in touch with you, either way.

     

    To: Members of City Council.

     

    Because it is rare that an email such as the one from Sunshine Request comes, addressed to all of you as well as Jim, Jill and myself, I am reminding you that anyone may email all of you, but each of you may email only one other under the Open Meetings Law. Therefore, please do not “Reply All.”

     

    Michael K. Pratt

    City Attorney – Brevard, NC

    RAMSEY, PRATT & CAMENZIND, P.A.

    Attorneys at Law

    35 North Gaston Street

    Brevard, NC 28712

    Phone: 828-884-4113

    Fax: 828-885-2494

    Our Web Page: www.ramsey-pratt.com

    CONFIDENTIALITY NOTICE: This email is intended for one or more specific recipients. If you have received this email in error, please notify the sender immediately.

    ATTORNEY-CLIENT PRIVILEGE NOTICE: This email may contain information which is subject to the Attorney-Client privilege. If so, the privilege could be waived in the event that its content is shared with anyone not on the intended recipient list.

    LEGAL AND TAX ADVICE NOTICE: You are hereby notified that any legal or tax advice contained in this communication, including any attachments, is not intended to be used to avoid penalties under the Internal Revenue Code or for promoting, marketing or encouraging any party to disregard or fail to comply with any Internal Revenue law or ruling, or any other law or ruling.


    Status: Response Received from Government
  • April 22, 2021 4:08 pm

    2 weeks ago

    from: Sunshine Request <[email protected]>
    to: Jill Murray <[email protected]>
    cc: Michael Pratt <[email protected]>,
    Jim Fatland <[email protected]>,
    [email protected],
    [email protected],
    [email protected],
    [email protected],
    [email protected],
    [email protected]
    date: Apr 22, 2021, 4:08 PM
    subject: Re: Records Request: (April 2021) Request for City of Brevard, NC Bike Path info as of 04/07/21

     

    Hi Jill (City Attorney, City Manager, Mayor, Members of City Council CCed),

     

    Thank you for your reply.

     

    We have submitted numerous public records requests to the City of Brevard in compliance with NC Public Records Law.

     

    Although the City of Brevard has previously fulfilled public records requests submitted by the Sunshine Request team, it appears that you have now instituted new, arbitrary requirements that are preventing the City of Brevard from fulfilling additional public records requests we have submitted.

     

    Under NCGS 132, there is no requirement that an individual disclose their name as part of a public records request. Furthermore, under under NCGS 132-6(b), the statute clearly states:

     

    (b) No person requesting to inspect and examine public records, or to obtain copies thereof, shall be required to disclose the purpose or motive for the request.

     

    We strongly feel that our public records requests are valid under NC Public Records Law, and despite our repeated requests for clarification, the City of Brevard has provided no legal justification under NCGS 132 to deny any of our public records requests.

     

    We respectfully request that the City of Brevard fulfill this legally valid public records request.

     

    If the City of Brevard is not willing to provide these public records, we will seek an order compelling release of these public records as specified under NCGS 132-9(a):

     

    (a) Any person who is denied access to public records for purposes of inspection and examination, or who is denied copies of public records, may apply to the appropriate division of the General Court of Justice for an order compelling disclosure or copying, and the court shall have jurisdiction to issue such orders if the person has complied with G.S. 7A-38.3E. Actions brought pursuant to this section shall be set down for immediate hearing, and subsequent proceedings in such actions shall be accorded priority by the trial and appellate courts.

     

    Furthermore, as allowed under NCGS 132-9(c), we will seek to recover reasonable attorney fees:

     

    (c) In any action brought pursuant to this section in which a party successfully compels the disclosure of public records, the court shall allow a party seeking disclosure of public records who substantially prevails to recover its reasonable attorneys’ fees if attributed to those public records.

     

    In the interest of government transparency, we respectfully request that the City of Brevard remove their invalid restrictions on public records requests, and fulfill the public records request sent from the Sunshine Request team.

     

    **Editor’s Note to sender: We will plan to follow up again on this request early next month if we don’t hear back. Thank you for using Sunshine Request!


    Status: Clarification Requested
  • April 22, 2021 9:19 am

    2 weeks ago

    from: Jill Murray <[email protected]>
    to: Sunshine Request <[email protected]>
    date: Apr 22, 2021, 9:19 AM
    subject: RE: Records Request: (April 2021) Request for City of Brevard, NC Bike Path info as of 04/07/21

     

    Good Morning,

     

    On the advice of our City Attorney, the City will no longer respond to information requests from persons whose names are not disclosed to the City. The name of a person affiliated with Sunshine, who is not the actual requesting party, will not be acceptable. The City will only provide information to an agent of a person when the name of that person is disclosed to the City.

     

    Regards,
    Jill
    Jill Murray, CMC
    City Clerk
    City of Brevard
    95 W. Main Street
    Brevard, NC 28712
    828.885.5614

    828.883.2853 fax

    [email protected]


    Status: Response Received from Government
  • April 21, 2021 4:16 pm

    2 weeks ago

    from: Sunshine Request <[email protected]>
    to: Jill Murray <[email protected]>
    date: Apr 21, 2021, 4:16 PM
    subject: Records Request: (April 2021) Request for City of Brevard, NC Bike Path info as of 04/07/21

     

    Good afternoon City of Brevard,

     

    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 around the end of the month if I have not heard back before then.

     

    Here are the details of the request:

     

    Subject: (April 2021) Request for City of Brevard, NC Bike Path info as of 04/07/21

     

    Message: “Hello City of Brevard, NC (Records Officer),

     

    I’d like to make a public records request under NC Public Records Law, for the following information (see below).

     

    ** Please remember that this information is for public knowledge and must be given upon request. Anyone can request public records, and no statement of purpose is required. Section § 132-6 of the North Carolina Public Records Law states that a custodian of public records shall make them available “… at reasonable times and under reasonable supervision by any person…”
    ——–

     

    Please provide all responsive records for the following, as of 04/07/21 (or as of the date the query is performed):

     

    (1) Please provide the total cost of the bike path from the new depot parking lot on Railroad Ave to McLean rd. Please provide the total cost of project and the total cost per linear foot of work.

     

    (2) Please provide the estimated cost if the path had followed the old railroad track. Please provide any City owned documentation you have (City e-mails, work orders, Council meeting minutes, City contracts) which state the reason the path did not follow the old railroad track like the rest of the path.

     

    **Note: I’ve tried my best to write this request in a manner that indicates the records I hope to receive. However, if any portion of #2 in this request needs additional clarification in order for you to fulfill – Then please let me know what specific info would be helpful for me to provide, so that I can resubmit and further clarify],

     

    Thank you for your assistance!”

     

    ** Sunshine Request makes no claim as to the veracity of any statements or information contained in any of the requests or public records received.


    Status: Sent to Government
  • April 16, 2021 4:56 pm

    2 weeks ago

    Submitted to Sunshine Request
    Status: Pending