Other (indicate in message) Submitted: May 13, 2021 | Updated: September 13, 2021

[See Editor’s](May 2021) Request for Gaston College, Dallas NC Council assignments

Hello Gaston College, in Dallas, NC (Records Officer),

I'd like to make a public records request for the following information under NC Public Records Law:

Please provide the total number of African Americans, Caucasians, and Non-Caucasians assigned to each of the following Gaston College (Dallas) Councils per Gaston College’s Organization Charts:

- Executive Council
- Administrative Council
- Academic Affairs Council
- Student Affairs and Enrollment Management Council

Please provide the most up-to-date information as of 05/20/21 (or on the date the query is performed). Please do not include names. I'm only asking for totals.
-----

** If you deny any or all of this request, please cite and link to each specific exemption you feel justifies the refusal to release the information under NC Public Records Law.

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 05/20/21: The request above has been revised for clarity.

Additionally, please note – We recently received similar submissions (now closed), as well as 13 additional submissions for duplicate info as the request above.

Sunshine Request will not fulfill the following types of requests:

☀️ Requests that are only informational questions for entities to answer [rather than a specific request for actual public records that can be queried], and, requests that are not addressed to government entities.
☀️ Requests that are incomplete, non-specific, or vague.

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Status: Government Denied Request

Documents:

Activity:

  • September 13, 2021 4:25 pm

    1 month ago

    from: Sunshine Request <[email protected]>
    to: Michele Avendano <[email protected]>,
    [email protected]
    date: Sep 13, 2021, 4:25 PM
    subject: Re: [EXTERNAL] Records Request: (May 2021) Request for Gaston College, Dallas NC Council assignments

     

    Good afternoon Michele,

     

    Following up on this public records request from 5/24: [See Editor’s](May 2021) Request for Gaston College, Dallas NC Council assignments

     

    I asked for clarification regarding the email I sent to you on 6/25 and haven’t heard back. That email I sent is copied below.

     

    For now, we’re going to mark this request as denied, and if you wish to respond / complete the request at some point, we’ll be happy to reopen at that time.

     

    Thank you!

    ————–
    Hi Michele,

     

    Upon further inspection of the response you sent over:

     

    “Public records law does not require a government agency to create or compile a record that does not exist, and Gaston College does not maintain a specific record or report that contains the data in this information request.”

     

    I agree with you, but for users on our site I just wanted to note where this is cited more fully under NC Public Records Law:

     

    “(a) Persons requesting copies of public records may elect to obtain them in any and all media in which the public agency is capable of providing them. No request for copies of public records in a particular medium shall be denied on the grounds that the custodian has made or prefers to make the public records available in another medium. The public agency may assess different fees for different media as prescribed by law.”

     

    “(e) Nothing in this section shall be construed to require a public agency to respond to a request for a copy of a public record by creating or compiling a record that does not exist. If a public agency, as a service to the requester, voluntarily elects to create or compile a record, it may negotiate a reasonable charge for the service with the requester. Nothing in this section shall be construed to require a public agency to put into electronic medium a record that is not kept in electronic medium. (1995, c. 388, s. 3; 2004-129, s. 38.)”

     

    Ref: https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_132/gs_132-6.2.html

     

    Specifically — I just wanted to note the piece that says you are not required to put public records into an electronic medium, if they do not already exist in that format.

     

    I’m sure that the records requested don’t exist, and so they also aren’t in an electronic format either, and that’s fine. I just wanted to note this law for any future requesters, since we do get a lot of interest in requests about Gaston College in particular.

    ——

    Additionally — You’ve also cited on other unrelated requests we’ve submitted that:

     

    “The Gaston College Foundation, which is guided by a 15 voting member Board of Directors, is an independent 501(c)(3) non-profit organization” … and … “is not subject to public records laws.”

     

    I’m just wondering if you can please clarify this difference in organizational structure for future requests — What type of legal entity is Gaston College? Are you a Government-run agency, receiving government funding? Are you a Non-profit, etc.? Where specifically are you exempt from NC public records laws? And can you please cite a specific link (URL) to that section of NC Public Records Law so that we can reference this in future requests?

     

    Thank you for your assistance!


    Status: Government Denied Request
  • August 24, 2021 1:26 pm

    2 months ago

    from: Sunshine Request <[email protected]>
    to: Michele Avendano <[email protected]>
    date: Aug 24, 2021, 1:26 PM
    subject: Re: [EXTERNAL] Records Request: (May 2021) Request for Gaston College, Dallas NC Council assignments

     

    Good afternoon Michele,

     

    Checking in again to ask for any clarification you can provide regarding the email I sent to you on 6/25? Please reply at your earliest convenience!

     

    I will plan on following up again in early September if I don’t hear back before then.

     

    Thanks!


    Status: Follow up
  • July 29, 2021 4:31 pm

    2 months ago

    from: Sunshine Request <[email protected]>
    to: Michele Avendano <[email protected]>
    date: Jul 29, 2021, 4:31 PM
    subject: Re: [EXTERNAL] Records Request: (May 2021) Request for Gaston College, Dallas NC Council assignments

     

    Good afternoon Michele,

     

    Hope you’ve been well. I’m looking for any clarification you can provide regarding our email that was sent to you on 06/25. I will plan on following up again in mid-August if I don’t hear back before then.

     

    Thank you!


    Status: Follow up
  • June 25, 2021 5:19 pm

    3 months ago

    from: Sunshine Request <[email protected]>
    to: Michele Avendano <[email protected]>
    date: Jun 25, 2021, 5:19 PM
    subject: Re: [EXTERNAL] Records Request: (May 2021) Request for Gaston College, Dallas NC Council assignments

     

    Hi Michele,

     

    Upon further inspection of the response you sent over:

     

    “Public records law does not require a government agency to create or compile a record that does not exist, and Gaston College does not maintain a specific record or report that contains the data in this information request.”

     

    I agree with you, but for users on our site I just wanted to note where this is cited more fully under NC Public Records Law:

     

    “(a) Persons requesting copies of public records may elect to obtain them in any and all media in which the public agency is capable of providing them. No request for copies of public records in a particular medium shall be denied on the grounds that the custodian has made or prefers to make the public records available in another medium. The public agency may assess different fees for different media as prescribed by law.”

     

    “(e) Nothing in this section shall be construed to require a public agency to respond to a request for a copy of a public record by creating or compiling a record that does not exist. If a public agency, as a service to the requester, voluntarily elects to create or compile a record, it may negotiate a reasonable charge for the service with the requester. Nothing in this section shall be construed to require a public agency to put into electronic medium a record that is not kept in electronic medium. (1995, c. 388, s. 3; 2004-129, s. 38.)”

     

    Ref: https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_132/gs_132-6.2.html

     

    Specifically — I just wanted to note the piece that says you are not required to put public records into an electronic medium, if they do not already exist in that format.

     

    I’m sure that the records requested don’t exist, and so they also aren’t in an electronic format either, and that’s fine. I just wanted to note this law for any future requesters, since we do get a lot of interest in requests about Gaston College in particular.

    ——

     

    Additionally — You’ve also cited on other unrelated requests we’ve submitted that:

     

    “The Gaston College Foundation, which is guided by a 15 voting member Board of Directors, is an independent 501(c)(3) non-profit organization” … and … “is not subject to public records laws.”

     

    I’m just wondering if you can please clarify this difference in organizational structure for future requests — What type of legal entity is Gaston College? Are you a Government-run agency, receiving government funding? Are you a Non-profit, etc.? Where specifically are you exempt from NC public records laws? And can you please cite a specific link (URL) to that section of NC Public Records Law so that we can reference this in future requests?

     

    Thank you for your assistance!


    Status: Clarification Requested
  • June 25, 2021 3:57 pm

    4 months ago

    from: Sunshine Request <[email protected]>
    to: Michele Avendano <[email protected]>
    date: Jun 25, 2021, 3:57 PM
    subject: Re: [EXTERNAL] Records Request: (May 2021) Request for Gaston College, Dallas NC Council assignments

     

    Good afternoon Michele,

     

    Thank you for your help with this request! I’ve marked it as completed on our site.

     

    Have a great weekend!


    Status: Completed
  • June 17, 2021 11:42 am

    4 months ago

    from: Michele Avendano <[email protected]>
    to: Sunshine Request <[email protected]>
    date: Jun 17, 2021, 11:42 AM
    subject: RE: [EXTERNAL] Records Request: (May 2021) Request for Gaston College, Dallas NC Council assignments

     

    Please see the attached for response to this request.

     

    Thank you!

    Michele Avendano

    HR Coordinator-Compensation and Benefits

    Gaston College

    201 Highway 321 South

    Dallas, NC 28034

    704-922-2266 (phone)

    704-922-2330 (fax)

    [email protected]

    www.gaston.edu

     

    **Editor’s Note: Please see referenced file at top left in documents.


    Status: Response Received from Government
  • June 14, 2021 4:00 pm

    4 months ago

    from: Sunshine Request <[email protected]>
    to: Michele Avendano <[email protected]>
    date: Jun 14, 2021, 4:00 PM
    subject: Re: Records Request: (May 2021) Request for Gaston College, Dallas NC Council assignments

     

    Good afternoon Michele,

     

    I am following up on this request that was sent in on 5/24.

     

    Please confirm that the request has been received on your end, and if / when it will begin being processed. Please provide a timeline or rough estimate as to when the request will be completed, and I will follow up around the time you specify.

     

    In any case, I’ll plan to follow up again later this month if I have not heard back before then.

     

    Thank you for your assistance!


    Status: Follow up
  • May 24, 2021 4:38 pm

    5 months ago

    from: Sunshine Request <[email protected]>
    to: Michele Avendano <[email protected]>
    date: May 24, 2021, 4:38 PM
    subject: Records Request: (May 2021) Request for Gaston College, Dallas NC Council assignments

     

    Good afternoon Gaston College,

     

    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 early June if I have not heard back before then.

     

    Here are the details of the request:

     

    Subject: (May 2021) Request for Gaston College, Dallas NC Council assignments

     

    Message: “Hello Gaston College, in Dallas, NC (Records Officer),

     

    I’d like to make a public records request for the following information under NC Public Records Law:

     

    Please provide the total number of African Americans, Caucasians, and Non-Caucasians assigned to each of the following Gaston College (Dallas) Councils per Gaston College’s Organization Charts:

     

    – Executive Council
    – Administrative Council
    – Academic Affairs Council
    – Student Affairs and Enrollment Management Council

     

    Please provide the most up-to-date information as of 05/20/21 (or on the date the query is performed). Please do not include names. I’m only asking for totals.
    —–

     

    ** If you deny any or all of this request, please cite and link to each specific exemption you feel justifies the refusal to release the information under NC Public Records Law.

     

    Thank you for your assistance!”

     

    Thank you!

     

    ** 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.


    Status: Sent to Government
  • May 13, 2021 6:17 pm

    5 months ago

    Submitted to Sunshine Request
    Status: Pending