Request for Responsive Documents to Prior Requests

Gavin Young
Senior Director for Public Records
Public Records Office
University of North Carolina at Chapel Hill
Campus Box #6205
Chapel Hill, NC 27599-9050

June 18, 2021

Dear Mr. Young,

Under the North Carolina Public Records Law, G.S. §132-1, we are requesting copies of the following:

* Any and all information provided by the Public Records Office to Charles Lehman in response to public records request #20-610 described at https://nextrequest.unc.edu/requests/20-610
* Any and all information provided by the Public Records Office to Sarah Krueger in response to public records request #21-233.
* Any and all information provided by the Public Records Office to Kate Murphy in response to public records request #21-234.

We are also requesting copies of any public documents that are responsive to any and all of the following public records requests as numbered by the UNC-Chapel Hill NextRequest system:
21-221
21-223
21-226
21-232
21-243
21-249
21-250
21-251
21-254
21-255
21-256
21-257
21-258
21-259
21-262
21-270
21-271
21-272
21-274
21-275
21-278
21-279
21-280
21-281
21-282
21-284
21-290
21-286

Because North Carolina law specifies requesters can obtain public documents "in any and all media in which the public agency is capable of providing them," please send the information in electronic form where possible.

We prefer to receive these digital public records via download, email attachment or via digital storage medium that we will provide at our own cost. Please let us know what is the most timely method.

As the law requires, please release all reasonably segregable nonexempt portions of documents.

If any portion of this request can be fulfilled prior to the entire request being fulfilled, send us your reply and/or responsive documents as soon as they are available.

We request a waiver of all fees for this request because this request is made as part of the process of news gathering and not for commercial use. Disclosure of the requested information is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of government, namely the University of North Carolina.

State law requires that you respond to and fulfill this request "as promptly as possible." If you expect a significant delay of over three working business days in responding to and fulfilling this request, please contact us with information about when we might expect copies or the ability to inspect the requested records. Please provide records as they are processed.

If you deny any or all of this request, please cite each specific statutory exemption you feel justifies the refusal to release the information and notify us of the appeal procedures available to us under the law.

If you have any questions regarding this request, please contact us at 336-278-5506 or reply to this email address.

Thank you in advance for your facilitation of this request.

Best,

Brooks Fuller, Director, N.C. Open Government Coalition, Elon University

Shannan Bowen, Executive Director, N.C. Local News Workshop, Elon University

Neal Caren, Associate Professor of Sociology, UNC-Chapel Hill

Paul Cuadros, Associate Professor, UNC Hussman School of Journalism and Media

Victoria Smith Ekstrand, Associate Professor & Caroline H. and Thomas S. Royster Distinguished Professor for Graduate Education, UNC Hussman School of Journalism and Media

Jordan Green, adjunct faculty, Journalism Program, Wake Forest University and staff reporter at Raw Story

Calvin L. Hall, Department Chair & Associate Professor, North Carolina Central University Department of Mass Communication

Pam Kelley, freelance journalist and former higher education reporter, The Charlotte Observer

Daniel Kreiss, Edgar Thomas Cato Distinguished Associate Professor, UNC Hussman School of Journalism and Media and Principal Researcher, Center for Information, Technology, and Public Life; Faculty Affiliate, Information Society Project at Yale Law School

Mandy Locke, adjunct faculty, Journalism Program, Wake Forest University

Trevy A. McDonald, Julian W. Scheer Term Associate Professor, UNC Hussman School of Journalism and Media

Erin Siegal McIntyre, Assistant Professor, UNC Hussman School of Journalism and Media

Kate Murphy, Higher Education Reporter, The News & Observer

Kate Sheppard, Senior National Editor, HuffPost, and Teaching Associate Professor, UNC Hussman School of Journalism and Media

Melanie Sill, founder, N.C. Local News Lab and former executive editor of The News & Observer

Praveena Somasundaram, Editor-in-Chief, The Daily Tar Heel

David Squires, Adjunct Lecturer, Journalism, N.C. A&T University

Ryan Thornburg, Associate Professor, UNC Hussman School of Journalism and Media

Kyle Villemain, Editor-in-Chief, The Assembly

Barry Yeoman, freelance journalist, Adjunct Instructor of Journalism and Public Policy at Duke University and Adjunct Instructor of Journalism, Wake Forest University

Phoebe Zerwick, Director of the Journalism Program, Wake Forest University

Thank you for your prompt reply.

We would appreciate a clarification around your statement that all public records requests must be filed at https://nextrequest.unc.edu.

The reason for our confusion is that your assertion that all public records requests must be filed at https://nextrequest.unc.edu is not grounded in North Carolina law.

This requirement introduces an unnecessary step in the records request process that, in our view, prevents government agencies from producing records "as promptly as possible” (see NCGS §132-6).

In 1999, a superior court in North Carolina found that state law does not permit “the interposition of a ‘gatehouse’ or ‘overseer’ between members of the public who desire access to public records and the custodians of public records.” (Dawes v. Buncombe County Board of Commissioners, 99 CVS 03497)

Although North Carolina law does not require citizens to make public records requests through a public agency’s preferred platform or medium (see NCGS §132-6.2(a)), we're happy to follow this process for the sake of expediently receiving the records.

So that we understand what will happen to our request after we submit it via the UNC NextRequest portal, would you be willing to describe to us your process for fulfilling this request after it appears in the portal system?

Additionally, it is clear that your office often receives multiple requests that appear to be nearly identical, per information on the UNC NextRequest portal of public records requests and responses. If your office published all responsive documents to all public records requests on the NextRequest portal, we would consider our request fulfilled. Unfortunately, that is not the case, hence our original request #210622 dated June 18, 2021.

For example you note that your office has fulfilled requests #21-233 and #21-234. However, these requests were not made by us and we do not have access to the responsive public records from those requests. Fulfilling one request for a public record does not mean that no other person is entitled to a copy of that same document, and per state law, your office is lawfully obligated to make this information available upon request.

Thank you again for your quick reply, and for helping us understand your response.

(This request is being redirected through the portal)

Gavin Young
Senior Director for Public Records
Public Records Office
University of North Carolina at Chapel Hill
Campus Box #6205
Chapel Hill, NC 27599-9050

June 18, 2021

Dear Mr. Young,

Under the North Carolina Public Records Law, G.S. §132-1, we are requesting copies of the following:

* Any and all information provided by the Public Records Office to Charles Lehman in response to public records request #20-610 described at https://nextrequest.unc.edu/requests/20-610
* Any and all information provided by the Public Records Office to Sarah Krueger in response to public records request #21-233.
* Any and all information provided by the Public Records Office to Kate Murphy in response to public records request #21-234.

We are also requesting copies of any public documents that are responsive to any and all of the following public records requests as numbered by the UNC-Chapel Hill NextRequest system:
21-221
21-223
21-226
21-232
21-243
21-249
21-250
21-251
21-254
21-255
21-256
21-257
21-258
21-259
21-262
21-270
21-271
21-272
21-274
21-275
21-278
21-279
21-280
21-281
21-282
21-284
21-290
21-286

Because North Carolina law specifies requesters can obtain public documents "in any and all media in which the public agency is capable of providing them," please send the information in electronic form where possible.

We prefer to receive these digital public records via download, email attachment or via digital storage medium that we will provide at our own cost. Please let us know what is the most timely method.

As the law requires, please release all reasonably segregable nonexempt portions of documents.

If any portion of this request can be fulfilled prior to the entire request being fulfilled, send us your reply and/or responsive documents as soon as they are available.

We request a waiver of all fees for this request because this request is made as part of the process of news gathering and not for commercial use. Disclosure of the requested information is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of government, namely the University of North Carolina.

State law requires that you respond to and fulfill this request "as promptly as possible." If you expect a significant delay of over three working business days in responding to and fulfilling this request, please contact us with information about when we might expect copies or the ability to inspect the requested records. Please provide records as they are processed.

If you deny any or all of this request, please cite each specific statutory exemption you feel justifies the refusal to release the information and notify us of the appeal procedures available to us under the law.

If you have any questions regarding this request, please contact us at 336-278-5506 or reply to this email address.

Thank you in advance for your facilitation of this request.

Best,

Brooks Fuller, Director, N.C. Open Government Coalition, Elon University

Shannan Bowen, Executive Director, N.C. Local News Workshop, Elon University

Neal Caren, Associate Professor of Sociology, UNC-Chapel Hill

Paul Cuadros, Associate Professor, UNC Hussman School of Journalism and Media

Victoria Smith Ekstrand, Associate Professor & Caroline H. and Thomas S. Royster Distinguished Professor for Graduate Education, UNC Hussman School of Journalism and Media

Jordan Green, adjunct faculty, Journalism Program, Wake Forest University and staff reporter at Raw Story

Calvin L. Hall, Department Chair & Associate Professor, North Carolina Central University Department of Mass Communication

Pam Kelley, freelance journalist and former higher education reporter, The Charlotte Observer

Daniel Kreiss, Edgar Thomas Cato Distinguished Associate Professor, UNC Hussman School of Journalism and Media and Principal Researcher, Center for Information, Technology, and Public Life; Faculty Affiliate, Information Society Project at Yale Law School

Mandy Locke, adjunct faculty, Journalism Program, Wake Forest University

Trevy A. McDonald, Julian W. Scheer Term Associate Professor, UNC Hussman School of Journalism and Media

Erin Siegal McIntyre, Assistant Professor, UNC Hussman School of Journalism and Media

Kate Murphy, Higher Education Reporter, The News & Observer

Kate Sheppard, Senior National Editor, HuffPost, and Teaching Associate Professor, UNC Hussman School of Journalism and Media

Melanie Sill, founder, N.C. Local News Lab and former executive editor of The News & Observer

Praveena Somasundaram, Editor-in-Chief, The Daily Tar Heel

David Squires, Adjunct Lecturer, Journalism, N.C. A&T University

Ryan Thornburg, Associate Professor, UNC Hussman School of Journalism and Media

Kyle Villemain, Editor-in-Chief, The Assembly

Barry Yeoman, freelance journalist, Adjunct Instructor of Journalism and Public Policy at Duke University and Adjunct Instructor of Journalism, Wake Forest University

Phoebe Zerwick, Director of the Journalism Program, Wake Forest University

Dear Public Records Office,
Thank you for your message dated July 7, 2021 in response to our public records request #21-333. In request #21-333, we requested copies of all responsive documents that have been produced or will be produced in fulfillment of certain enumerated public records requests.

We write to respond to your request for clarification and to raise some issues with your response that we would like to resolve.

In your response to our request #21-333, you state that responsive records for requests #21-233, #21-234, #21-240, #21-250, #21-254, #21-255 and # 21-286 were produced to Kate Murphy of the News & Observer. We renew our request for all responsive documents produced for these requests. Although Kate Murphy is a signatory to request #21-333, every other signatory to that request is jointly and severally entitled to receive the responsive documents. The North Carolina public records law does not give the university the right to deny a public records request on the grounds that the responsive documents have been produced to another requester. Please publish the responsive records publicly via NextRequest or e-mail them to this e-mail address as soon as possible.

In your response to our request #21-333, you state that certain requests are duplicative of existing requests. Below is a list of existing requests followed by a list of requests you claim to be duplicative.

Existing request #21-221: #21-232, #21-249
Existing request #21-223: #21-226, #21-271
Existing request #21-233: #21-251
Existing request #21-234: #21-280
Existing request #21-243: #21-254
Existing request #21-249: #21-250, #21-272, #21-278, #21-281, #21-282 and #21-284
Existing request #21-254: #21-256, #21-257, #21-258, #21-259, #21-262, #21-275

Without being able to see the full text of the requests on NextRequest, we have no way of discerning whether our requests or prior requests are duplicative. Regardless of whether they are duplicative, we renew our request for all documents that are responsive to the enumerated requests. Please also produce the full, unredacted text of each of these requests. We anticipate that we will be able to narrow our request after you provide the unredacted text.

Additionally, we dispute the Public Records Office’s characterization of some of these requests as duplicative. We do not, however, waive our right to dispute the Public Records Office’s characterization of certain records requests that remain redacted. Our grounds for dispute are as follows:

You claim requests #21-257 and #21-254 are duplicative. These requests do not appear to be duplicative. Request #21-257 asks for correspondence between Walter Hussman, Jr. and members of the UNC Board of Trustees, among other senior UNC officials. Request #21-254 asks for correspondence sent from Walter Hussman, Jr., to a particular person, [name redacted]. Since the Board of Trustees is made up of 13 individual members and #21-254 appears to ask for correspondence to a single person and from another individual [name redacted], the requests are not identical and we renew our request for records produced in response to request #21-257 and #21-254.

You claim requests #21-254 and #21-243 are duplicative. These requests do not appear to be duplicative. Request #21-243 asks for “All materials submitted to the UNC Board of Trustees’s and/or the board’s university affairs committee regarding [information redacted]. Please also provide any record of questions/comments/concerns/feedback [information redacted]. Additionally, please provide a record of the full slate of tenure candidates, including [information redacted], provided to the board in advance of its January, 2021 meeting.” Request #21-254 is a request for correspondence sent from Walter Hussman, Jr., to a particular person [name redacted] and a request for correspondence from another individual [name redacted]. The request for “All materials submitted to the UNC Board of Trustees…” in request #21-243 is significantly broader in scope than request #21-254 and at the same time may not include the correspondence requested between Walter Hussman, Jr. and/or another individual [name redacted] if that correspondence was not submitted to the Board of Trustees. Furthermore, without the unredacted text of the request, there is no way to ascertain whether the requests are duplicative.

Your response also states that request #21-221 was not fulfilled because it was a request for UNC System records. Please provide the unredacted request #21-221 so that we may determine how to proceed with that request.

Additionally, your response states that there were no responsive documents to request #21-290. Please provide the unredacted text of request #21-290 so that we may determine how to proceed with that request.

Please confirm that you will produce the responsive records for all of the requests, including purportedly duplicative requests, in response to our request #21-333 and that you will produce the unredacted records requests themselves. If you decline to produce unredacted public records requests, please state with particularity the legal basis for doing so.

We would very much like to work with you to clarify and resolve the issues associated with our requests and your responses thus far. Thank you.

-Brooks Fuller
Director, NC Open Government Coalition

Hi Gavin,
Thank you for the information regarding requests #21-290 and #21-221. Regarding the latter, the Public Records Office stated that request #21-221 was a request for UNC System records and stated that it was duplicative of #21-232 and #21-249. You are correct that #21-221 does not contain redacted information. We would like to see #21-232 and #21-249, which relate to #21-221 and contain redacted information since the Public Records Office asserts they are duplicative.

We look forward to receiving all of the unredacted public records requests and responsive documents related to our request #21-333. Thank you very much for your response.

Brooks Fuller
Director, NC Open Government Coalition