(September 2023) Request for Explore Asheville: All employees and salaries as of 09/12/23 or present day.

Activity:

• October 31, 2023 1:08 pm

  6 months ago

  from: Sunshine Request <[email protected]>
  to: Ashley Greenstein <[email protected]>
  cc: Julia Simpson <[email protected]>, Vic Isley <[email protected]>, Luisa Yen <[email protected]>,
  Marla Tambellini <[email protected]>
  date: Oct 31, 2023, 1:08 PM
  subject: Re: Records Request: (September 2023) Request for Explore Asheville: All employees and salaries as of 09/12/23 or present day.

   

  Hi Ashley,

   

  Thanks again for sending the Articles of Incorporation and the Bylaws for the 501(c)(6).

   

  Also, thank you for your response on 10/23. Our team is going to do some additional research, and we will get back to you as soon as possible. It may take a few weeks.

   

  We’ll be in touch.

   

  ~ The Sunshine Request Team

  ---

  Status: Response Received from Government
• October 26, 2023 4:56 pm

  6 months ago

  from: Ashley Greenstein <[email protected]>
  to: Sunshine Request <[email protected]>
  cc: Julia Simpson <[email protected]>, Vic Isley <[email protected]>, Luisa Yen <[email protected]>, Marla Tambellini <[email protected]>
  date: Oct 26, 2023, 4:56 PM
  subject: RE: Records Request: (September 2023) Request for Explore Asheville: All employees and salaries as of 09/12/23 or present day.

   

  Hi Sunshine,

   

  There are no other contracts, agreements, or documents that describe the relationship between the TDA “public body” and the TDA 501(c)6.

   

  Best,

   

  Ashley S. Greenstein
  She/Her (what is this?)

  Public Information Manager
  Explore Asheville | Buncombe County Tourism Development Authority
  27 College Place | Suite 200 | Asheville, NC 28801
  P: 828.318.8960
  [email protected]
   
  ExploreAsheville.com

   

  Read the FY23 Annual Report 

  Correspondence to and from this email address is subject to the North Carolina Public Records Law and may be disclosed to third parties.

  ---

  Status: Response Received from Government
• October 23, 2023 5:30 pm

  6 months ago

  from: Sunshine Request <[email protected]>
  to: Ashley Greenstein <[email protected]>
  cc: Julia Simpson <[email protected]>, Vic Isley <[email protected]>, Luisa Yen <[email protected]>, Marla Tambellini <[email protected]>
  date: Oct 23, 2023, 5:30 PM
  subject: Re: Records Request: (September 2023) Request for Explore Asheville: All employees and salaries as of 09/12/23 or present day.

   

  Hi Ashley,

   

  Thank you for sending the bylaws document last week! That addresses item #1 from my previous email.

   

  I’d like to ask that you please provide a response to item #2 (see copied below). If you feel that this item has been handled, and satisfied via your response to item #1, please clarify and let me know.

   

  Thank you!
  ————–

   

  ” Please provide us with a copy of the following documents:

   

  1. The Bylaws (or any similarly titled document with the same effect) for the 501(c)(6).
  ** We believe that the Bylaws should be easily accessible. If possible, we request that you provide us with a copy of that document first.

   

  2. Any contracts, agreements, or other documents that describe the relationship between the TDA “public body” and the TDA 501(c)(6). ”

  ————–

   

  – The Sunshine Request Team

  ---

  Status: Clarification Requested
• October 16, 2023 8:57 am

  6 months ago

  from: Ashley Greenstein <[email protected]>
  to: Sunshine Request <[email protected]>
  cc: Julia Simpson <[email protected]>, Vic Isley <[email protected]>, Luisa Yen <[email protected]>, Marla Tambellini <[email protected]>
  date: Oct 16, 2023, 8:57 AM
  subject: RE: Records Request: (September 2023) Request for Explore Asheville: All employees and salaries as of 09/12/23 or present day.

   

  Good morning,

   

  Thank you for your patience while I was out of the office last week. Attached are the bylaws per your request.

   

  Best,

   

  Ashley S. Greenstein
  She/Her (what is this?)

  Public Information Manager

   

  Explore Asheville | Buncombe County Tourism Development Authority
  27 College Place | Suite 200 | Asheville, NC 28801
  P: 828.318.8960
  agreenstein@exploreasheville.com

   

  ExploreAsheville.com

   

  Correspondence to and from this email address is subject to the North Carolina Public Records Law and may be disclosed to third parties.

   

  **Editor’s Note: Please seethe 1 file referenced (“BCTDA-N-P-Bylaws-Signed-Dated.pdf”) at top left in our Documents section.

  ---

  Status: Response Received from Government
• October 13, 2023 6:13 pm

  6 months ago

  from: Julia Simpson <[email protected]>
  to: Sunshine Request <[email protected]>
  date: Oct 13, 2023, 6:13 PM
  subject: Automatic reply: Records Request: (September 2023) Request for Explore Asheville: All employees and salaries as of 09/12/23 or present day.

   

  Thank you for your message. I am out of the office. I will return Monday, October 16. If you need immediate assistance, please call 828-258-6109.

  ---

  Status: Follow up
• October 13, 2023 6:13 pm

  6 months ago

  from: Sunshine Request <[email protected]>
  to: Ashley Greenstein <[email protected]>
  cc: Julia Simpson <[email protected]>, Vic Isley <[email protected]>, Luisa Yen <[email protected]>, Marla Tambellini <[email protected]>
  date: Oct 13, 2023, 6:13 PM
  subject: Re: Records Request: (September 2023) Request for Explore Asheville: All employees and salaries as of 09/12/23 or present day.

   

  Good evening Ashley,

   

  I’m following up on my previous email on Fri, Oct 6, 11:09 AM. I haven’t heard back.

   

  To reiterate —

   

  Thank you again for providing a copy of the Articles of Incorporation for the 501(c)(6). I discussed your emails with the Director of Sunshine Request, and we determined that we’ll need additional info in order to properly research this situation.

   

  Please provide us with a copy of the following documents:

   

  1. The Bylaws (or any similarly titled document with the same effect) for the 501(c)(6).
  ** We believe that the Bylaws should be easily accessible. If possible, we request that you provide us with a copy of that document first.

   

  2. Any contracts, agreements, or other documents that describe the relationship between the TDA “public body” and the TDA 501(c)(6).
  ———–

   

  I will be out of the office next week. I will follow up with you again during the week of 10/23 (if I don’t hear anything else before then).

   

  Thank you for your help!

   

  ~ The Sunshine Request Team

  ---

  Status: Follow up
• October 6, 2023 11:09 am

  6 months ago

  from: Julia Simpson <[email protected]>
  to: Sunshine Request <[email protected]>
  date: Oct 6, 2023, 11:09 AM
  subject: Automatic reply: Records Request: (September 2023) Request for Explore Asheville: All employees and salaries as of 09/12/23 or present day.

   

  Thank you for your message. I am out of the office. I will return Monday, October 9. If you need immediate assistance, please call 828-258-6109.

  ---

  Status: Clarification Requested
• October 6, 2023 11:09 am

  6 months ago

  from: Sunshine Request <[email protected]>
  to: Ashley Greenstein <[email protected]>
  cc: Julia Simpson <[email protected]>, Vic Isley <[email protected]>, Luisa Yen <[email protected]>, Marla Tambellini <[email protected]>
  date: Oct 6, 2023, 11:09 AM
  subject: Re: Records Request: (September 2023) Request for Explore Asheville: All employees and salaries as of 09/12/23 or present day.

   

  Hi Ashley,

   

  Thank you for providing a copy of the Articles of Incorporation for the 501(c)(6).

   

  After discussing your emails with the Director of Sunshine Request, we’ve determined that we will need some additional info to properly research this situation.

   

  Can you please provide us with a copy of the following documents:

   

  1.  The Bylaws (or any similarly titled document with the same effect) for the 501(c)(6).

   

  We believe that the Bylaws should be easily accessible. If possible, we request that you provide us with a copy of that document first.

   

  2.  Any contracts, agreements, or other documents that describe the relationship between the TDA “public body” and the TDA 501(c)(6).

   

  Thank you!

  ---

  Status: Clarification Requested
• October 6, 2023 9:43 am

  6 months ago

  from: Ashley Greenstein <[email protected]>
  to: Sunshine Request <[email protected]>
  cc: Julia Simpson <[email protected]>, Vic Isley <[email protected]>, Luisa Yen <[email protected]>, Marla Tambellini <[email protected]>
  date: Oct 6, 2023, 9:43 AM
  subject: RE: Records Request: (September 2023) Request for Explore Asheville: All employees and salaries as of 09/12/23 or present day.

   

  Good morning,

   

  I have attached the Articles of Incorporation of the 501(c)(6).

   

  As previously stated, you are requesting personnel information of non-public employees. As a result, we are denying the request as made. The NC Statutes treat personnel information differently than other public records. While we recognize and agree that the information you requested would be appropriately provided for public employees, the fact that the public authority contracts with the 501(c)(6) to provide personnel services does not make the employees of the 501(c)(6) public employees subject to the NC public records law.

   

  If you have new additional information you would like us to review that supports your request, we are always open to such a review.

   

  Best,

   

  Ashley S. Greenstein
  She/Her (what is this?)

  Public Information Manager

   

  Explore Asheville | Buncombe County Tourism Development Authority
  27 College Place | Suite 200 | Asheville, NC 28801
  P: 828.318.8960
  agreenstein@exploreasheville.com

   

  ExploreAsheville.com

   

  Correspondence to and from this email address is subject to the North Carolina Public Records Law and may be disclosed to third parties.

   

  **Editor’s Note: Please see the 1 file referenced (“BCTDA-N-P-Articles-of-Incorporation-Signed-Dated.pdf”) at top left in our Documents section.

  ---

  Status: Government Denied Request
• September 29, 2023 6:24 pm

  7 months ago

  from: Ashley Greenstein <[email protected]>
  to: Sunshine Request <[email protected]>
  cc: Julia Simpson <[email protected]>, Vic Isley <[email protected]>, Luisa Yen <[email protected]>, Marla Tambellini <[email protected]>
  date: Sep 29, 2023, 6:24 PM
  subject: Re: Records Request: (September 2023) Request for Explore Asheville: All employees and salaries as of 09/12/23 or present day.

   

  Confirming the receipt of this request. We will respond next week with more information.

   

  Get Outlook for iOS

  ---

  Status: Government Processing Request
• September 27, 2023 3:19 pm

  7 months ago

  from: Sunshine Request <[email protected]>
  to: Ashley Greenstein <[email protected]>
  cc: Julia Simpson <[email protected]>, Vic Isley <[email protected]>, Luisa Yen <[email protected]>, Marla Tambellini <[email protected]>
  date: Sep 27, 2023, 3:19 PM
  subject: Re: Records Request: (September 2023) Request for Explore Asheville: All employees and salaries as of 09/12/23 or present day.

   

  Hi Ashley,

   

  Thanks for your reply.

   

  I appreciate that you’ve sent me salary “bands”, but I’d also like to point out that’s not the data I requested.

   

  My request asked for the names and salaries for all current employees of “Explore Asheville” / “ExploreAsheville.com” as of present day, and should include first / last name, date of hire, position / title / department, salary. This same type of request for specific salary data was previously fulfilled, and that data was provided to me by Stephanie Brown in August 2017.

   

  Please clarify whether you intend to fulfill my request, as written. If you do not intend to provide that data to me, then please specify that you are denying my request.

   

  Additionally – Having discussed this situation with the Director of Sunshine Request, I’d now like to request that you provide me with a copy of the articles of incorporation for the Explore Asheville 501(c)(6).

   

  I’ll consider my next steps from here.

   

  Thank you.

   

  ~The Sunshine Request Team

  ---

  Status: Clarification Requested
• September 22, 2023 2:51 pm

  7 months ago

  from: Ashley Greenstein <[email protected]>
  to: Sunshine Request <[email protected]>
  cc: Julia Simpson <[email protected]>, Vic Isley <[email protected]>, Luisa Yen <[email protected]>, Marla Tambellini <[email protected]>
  date: Sep 22, 2023, 2:51 PM
  subject: RE: Records Request: (September 2023) Request for Explore Asheville: All employees and salaries as of 09/12/23 or present day.

   

  Dear Sunshine Request Team,

   

  I am responding to your email regarding our Explore Asheville employees’ personnel data. As you’ve pointed out, Explore Asheville has a long history of responding to public records requests. We do not dispute that we are generally required to respond to public records requests under the authority you cite in your email.

   

  To be clear, there are two entities with the title Buncombe County Tourism Development Authority – one is a public authority with no employees, and the other is a 501(c)(6), which employs the Explore Asheville employees as at-will employees. North Carolina public records law recognizes that personnel information is a particular kind of public record. Specifically, each statute that addresses personnel information presumes that the employee whose personnel information is being provided is an employee of a public entity with the rights of a public employee, including due process and constitutional protections. The employees of Explore Asheville have no such protections. Because the employees of Explore Asheville are not public employees, we do not believe we are required to provide their personnel records.

   

  However, in the spirit of transparency, we are attaching the salary band data. You’ll notice that Explore Asheville’s staffing costs run well below the state-legislated cap and the national average for destination marketing organizations (DMOs).

   

  Best,

   

  Ashley S. Greenstein
  She/Her (what is this?)

  Public Information Manager

   

  Explore Asheville | Buncombe County Tourism Development Authority
  27 College Place | Suite 200 | Asheville, NC 28801
  P: 828.318.8960
  agreenstein@exploreasheville.com

   

  ExploreAsheville.com

   

  Correspondence to and from this email address is subject to the North Carolina Public Records Law and may be disclosed to third parties.

   

  **Editor’s Note: Please see the 1 file referenced (“Explore Asheville Salary Bands September 2023.pdf”) at top left in our Documents section.

   

  We do still intend to follow up with Ashley again as soon as is possible — as we have a few additional clarifying questions about the public records request fulfillment process for ExploreAsheville.

  ---

  Status: Response Received from Government
• September 21, 2023 6:18 pm

  7 months ago

  from: Sunshine Request <[email protected]>
  to: Ashley Greenstein <[email protected]>
  cc: Julia Simpson <[email protected]>, Vic Isley <[email protected]>, Luisa Yen <[email protected]>, [email protected]
  date: Sep 21, 2023, 6:18 PM
  subject: Re: Records Request: (September 2023) Request for Explore Asheville: All employees and salaries as of 09/12/23 or present day.

   

  Good Evening Ashley,

   

  I’d like to address your statement: “… Employees of Explore Asheville are not public employees pursuant to any North Carolina Statute. They are employees of a non-profit 501(c)(6) that contracts with the Buncombe County Tourism Development Authority. As a result, their salary information is not a public record.”

   

  As an employee of Explore Asheville, your own email footer says that, “Correspondence to and from this email address is subject to the North Carolina Public Records Law and may be disclosed to third parties.”  Your emails, press releases, the website’s branding etc. clearly state that “Explore Asheville” is “Powered by the Buncombe County Tourism Development Authority”. All of that messaging suggests those entities are one in the same.

   

  Additionally – Vic’s contract document says right at the top that the Buncombe Tourism and Development Authority is “doing business as” (dba) “Explore Asheville” and “Explore Asheville Convention Center & Visitors Bureau” (“The BCTDA”) … further suggesting that Explore Asheville and BCTDA are essentially the same entity.

   

  I encourage you to review the following article by the UNC School of Government, published 06/01/11:

   

  When Do Government Transparency Laws Apply to Private Entities?
  https://canons.sog.unc.edu/2011/06/when-do-government-transparency-laws-apply-to-private-entities/

   

  The BCTDA is a public authority created by state law and subject to NC state statute. The BCTDA oversees the work of the Explore Asheville Convention & Visitors Bureau, and together you manage the TPDF. Courts have found, and the School of Government has found, that since you are essentially serving a governmental function, you are also subject to the same public records laws.

   

  Your salaries are paid entirely based out of tax-payer funds collected under the occupancy tax statute. Despite your status as a 501(c)(6) nonprofit, since your sole purpose is to work with the TDA and operationalize their efforts to spend occupancy tax funds, it’s clear that Explore Asheville and their employees are subject to NC Public Records Law.

   

  Furthermore – For several years now Explore Asheville has responded to numerous public records requests on various topics. We are not aware of any changes to NC Public Records Law that would suddenly exempt your organization from fulfilling public records requests. This exact same type of salary request was previously fulfilled by Stephanie Brown in 2017. She provided the following responsive records:

   

  “…. a list of all the salaries of all Explore Asheville Convention and Visitors Bureau employees”.
  https://www.sunshinerequest.com/records_request/explore-asheville-cvb-salaries/

   

  This is a very simple record to produce, and it does not contain any classified or sensitive info about personnel. It’s unclear why you wouldn’t be able to produce the same public records again now.

   

  Please confirm whether you intend to proceed to fulfill my request. I will discuss this with Patrick Conant, who is the Director of Sunshine Request (www.sunshinerequest.com), and will consider my next steps from there.

   

  Thank you!

   

  ~ The Sunshine Request Team

  ---

  Status: Clarification Requested
• September 21, 2023 11:12 am

  7 months ago

  from: Ashley Greenstein <[email protected]>
  to: Sunshine Request <[email protected]>
  cc: Julia Simpson <[email protected]>, Vic Isley <[email protected]>, Luisa Yen <[email protected]>
  date: Sep 21, 2023, 11:12 AM
  subject: RE: Records Request: (September 2023) Request for Explore Asheville: All employees and salaries as of 09/12/23 or present day.

   

  Good morning,

   

  Employees of Explore Asheville are not public employees pursuant to any North Carolina Statute. They are employees of a non-profit 501(c)(6) that contracts with the Buncombe County Tourism Development Authority. As a result, their salary information is not a public record. As in the past, we will provide salary information for the President and CEO of the Buncombe County Tourism Development Authority, Vic Isley, which is $300,000, and a copy of Isley’s employment agreement.

   

  Ashley S. Greenstein
  She/Her (what is this?)

  Public Information Manager

   

  Explore Asheville | Buncombe County Tourism Development Authority
  27 College Place | Suite 200 | Asheville, NC 28801
  P: 828.318.8960
  agreenstein@exploreasheville.com

   

  ExploreAsheville.com

   

  Correspondence to and from this email address is subject to the North Carolina Public Records Law and may be disclosed to third parties.

   

  **Editor’s Note: Please see the 1 file referenced (“2023 Employment Agreement and Amendment Isley Final.pdf”) at top left in our Documents section.

   

  We intend to follow up with Ashley regarding her email today, and we will ask for clarification on several points.

  ---

  Status: Response Received from Government
• September 19, 2023 11:54 am

  7 months ago

  from: Ashley Greenstein <[email protected]>
  to: Sunshine Request <[email protected]>
  cc: Julia Simpson <[email protected]>, Vic Isley <[email protected]>, Luisa Yen <[email protected]>
  date: Sep 19, 2023, 11:54 AM
  subject: RE: Records Request: (September 2023) Request for Explore Asheville: All employees and salaries as of 09/12/23 or present day.

   

  Hello,

   

  Thank you for your patience. We have been busy preparing for our Annual Meeting taking place this afternoon.

   

  We’ll be back in touch tomorrow with more information on your request.

   

  Best,

   

  Ashley S. Greenstein
  She/Her (what is this?)

  Public Information Manager

   

  Explore Asheville | Buncombe County Tourism Development Authority
  27 College Place | Suite 200 | Asheville, NC 28801
  P: 828.318.8960
  agreenstein@exploreasheville.com

   

  ExploreAsheville.com

   

  Correspondence to and from this email address is subject to the North Carolina Public Records Law and may be disclosed to third parties.

  ---

  Status: Government Processing Request
• September 19, 2023 11:12 am

  7 months ago

  from: Sunshine Request <[email protected]>
  to: Ashley Greenstein <[email protected]>
  cc: Julia Simpson <[email protected]>, Victoria Vic Isley <[email protected]>, Luisa Yen <[email protected]>
  date: Sep 19, 2023, 11:12 AM
  subject: Re: Records Request: (September 2023) Request for Explore Asheville: All employees and salaries as of 09/12/23 or present day.

   

  Hi All,

   

  Please reply promptly.

   

  I’m following up on my public records request in the email thread above. It was first submitted to your offices on Tuesday Sep 12 @ 12:54 PM.
  (September 2023) Request for Explore Asheville: All employees and salaries as of 09/12/23 or present day.

   

  I have not received a reply since submitting the request.

   

  Please confirm receipt to let me know that the request will begin processing — and if possible, please provide an anticipated date or timeline for its completion.

   

  Thank you!

   

  ~ The Sunshine Request Team

  ---

  Status: Follow up
• September 12, 2023 12:54 pm

  7 months ago

  from: Sunshine Request <[email protected]>
  to: Ashley Greenstein <[email protected]>
  cc: Julia Simpson <[email protected]>, Victoria Vic Isley <[email protected]>, Luisa Yen <[email protected]>
  date: Sep 12, 2023, 12:54 PM
  subject: Records Request: (September 2023) Request for Explore Asheville: All employees and salaries as of 09/12/23 or present day.

   

  Hello again Ashley (or Buncombe County Tourism Development Authority Records Officer), all others CCed,

   

  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 soon if I have not heard back before then.

   

  Here are the details of the request:

   

  Subject: (September 2023) Request for Explore Asheville: All employees and salaries as of 09/12/23 or present day.

   

  Message: “Hello again Ashley (or Buncombe County Tourism Development Authority Records Officer), all others CCed,

   

  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 the electronic medium / electronic 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 the request 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. **

   

  Please provide the names and salaries for ALL current employees of “Explore Asheville” / “ExploreAsheville.com”. As of 09/12/23 or present day (date the query is performed). Please include the following:

   

  1) Employee First / Last name
  2) Date of Hire
  3) Position / Title / Department
  4) Current salary (include salary / yearly amount, hourly wage / rate of pay – whichever pay structure is applicable to the employee)

   

  Ideally, I’d like to receive the responsive records in a .PDF, Excel, or other machine-readable format, if possible.

   

  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’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 explanations for 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 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.

  ---

  Status: Sent to Government
• September 11, 2023 3:25 pm

  7 months ago

  Submitted to Sunshine Request

  ---

  Status: Pending