"I see everyone texts at meeting but no one saves it, so if its not business they are texting then they are doing personal stuff at meetings, why are they erased and not turned in as one said he did, Mike Barber said he was not in possession of same, did he erase it or was his phone stolen. Why are these not turned in for public record.SAL""-----Original Message-----
From: Turlington, Donnie <Donald.Turlington@greensboro-nc.gov>
To: 'SAL' <blueboy210@aol.com>
Cc: Carter, Katherine <Katherine.Carter@greensboro-nc.gov>
Sent: Tue, Sep 22, 2015 3:10 pm
Subject: PIRT 5072
Mr. Leone,Regarding your request below, City staff and City Council representatives each indicate they do not have any records responsive to the request. However, Mr. Barber indicates he did receive (but no longer is in possession) of a text from City management staff indicating the City served 53000 meals this summer to feed the hungry.-DonnieI like text messages from private and public phones since city council business was discussed and public record laws allow same. I like text messages from begining of council meeting,(9-16-15) to about 30 minutes past same. I saw phones being used so I know texts were sent.Names of subjectsChris WilsonJim WestmorelandMike BarberDavid ParrishJamal FoxJustin Outling
Donnie Turlington, APR, Communications and Marketing DirectorOffice of the City Manager - 336-373-3769City of GreensboroPO Box 3136, Greensboro, NC 27402-3136=======================================================
Please note that email sent to and from this address is subject
to the North Carolina Public Records Law and may be disclosed to third parties."
So are text messages required to be saved and released under North Carolina Public Records Laws?
§ 132-1. "Public records" defined.(a) "Public record" or "public records" shall mean all documents, papers, letters, maps, books, photographs, films, sound recordings, magnetic or other tapes, electronic data-processing records, artifacts, or other documentary material, regardless of physical form or characteristics, made or received pursuant to law or ordinance in connection with the transaction of public business by any agency of North Carolina government or its subdivisions. Agency of North Carolina government or its subdivisions shall mean and include every public office, public officer or official (State or local, elected or appointed), institution, board, commission, bureau, council, department, authority or other unit of government of the State or of any county, unit, special district or other political subdivision of government.(b) The public records and public information compiled by the agencies of North Carolina government or its subdivisions are the property of the people. Therefore, it is the policy of this State that the people may obtain copies of their public records and public information free or at minimal cost unless otherwise specifically provided by law. As used herein, "minimal cost" shall mean the actual cost of reproducing the public record or public information. (1935, c. 265, s. 1; 1975, c. 787, s. 1; 1995, c. 388, s. 1.)"
I repeat, "...all documents, papers, letters, maps, books,
photographs, films, sound recordings, magnetic or other tapes, electronic data-processing
records, artifacts, or other documentary material, regardless of physical form
or characteristics..." That would include text messages, chat rooms, personal e-mail accounts, Facebook, Twitter "or other documentary material, regardless of physical form
or characteristics."
There are no loopholes in the way the law written. And yet we have 6 public officials, Chris Wilson,
Jim Westmoreland, Mike Barber, David Parrish, Jamal Fox and Justin Outling clearly violating the rules in front of the television cameras at the September 16, 2016 Greensboro City Council meeting and an admission from Councilman Mike Barber: "However, Mr. Barber indicates he did receive
(but no longer is in possession) of a text from
City management staff indicating the City served 53000 meals this
summer to feed the hungry." and no one in Greensboro City Government gives a damn.
"§ 132-3. Destruction of records regulated.(a) Prohibition. - No public official may destroy, sell, loan, or otherwise dispose of any public record, except in accordance with G.S. 121-5 and G.S. 130A-99, without the consent of the Department of Cultural Resources. Whoever unlawfully removes a public record from the office where it is usually kept, or alters, defaces, mutilates or destroys it shall be guilty of a Class 3 misdemeanor and upon conviction only fined not less than ten dollars ($10.00) nor more than five hundred dollars ($500.00).(b) Revenue Records. - Notwithstanding subsection (a) of this section and G.S. 121-5, when a record of the Department of Revenue has been copied in any manner, the original record may be destroyed upon the order of the Secretary of Revenue. If a record of the Department of Revenue has not been copied, the original record shall be preserved for at least three years. After three years the original record may be destroyed upon the order of the Secretary of Revenue.(c) Employment Security Records. - Notwithstanding subsection (a) of this section and G.S. 121-5, when a record of the Division of Employment Security has been copied in any manner, the original record may be destroyed upon the order of the Division. If a record of that Division has not been copied, the original record shall be preserved for at least three years. After three years the original record may be destroyed upon the order of the Assistant Secretary of Commerce. (1935, c. 265, s. 3; 1943, c. 237; 1953, c. 675, s. 17; 1957, c. 330, s. 2; 1973, c. 476, s. 48; 1993, c. 485, s. 39; c. 539, s. 966; 1994, Ex. Sess., c. 24, s. 14(c); 1997-309, s. 12; 2001-115, s. 2; 2011-401, s. 3.16.)"
It's time a few of those $10 $500 fines were assessed and collected.
