January 8, 2024
Dr. Shull, as you are aware, as the spokesperson for Parents Against Bullying NC, Inc. (PABNC), on June 10, 2023, I submitted a public records request on behalf of PABNC for ALL electronic communications [Text Messages, Emails, Voicemails, etc.], sent to, sent from, or sent between the Superintendent of Cleveland County Schools (CCS), any and all CCS principals, any and all CCS administrative personnel, and any and all members of the Cleveland County Board of Education (BOE) during the time period of 01/02/2023 through 02/09/2023, specifically relating to “bullies,” “bullying,” “fights,” or “violence” at Cleveland County Schools.
On June 10, 2023, you acknowledged receipt of PABNC’s request.
On June 16 you advised PABNC that there were 3,200 emails that met our request criteria. You stated there would be a fee of $165.00 to provide the requested information. You further stated that reviewing and redacting 3,200 emails would take considerable time, but that you would work diligently to get the requested records to PABNC as promptly as possible.
On June 16, 2023, I acknowledged receipt of your June 16, 2023, email advising PABNC of the complexity of our request and the cost. I informed you that PABNC was aware that the legally billable “extensive use of information technology resources, including labor costs of the personnel providing these services” to put that many emails in a readable format had already been accomplished at least as early as May 11, 2023, and therefore there should be no need for PABNC to bear the cost for something that had already been done. Nonetheless, PABNC responded by agreeing to pay the $165.00 and asked that you proceed with the request.
When by July 17, 2023, PABNC had not received the requested information, nor had PABNC received any further communication from you regarding the status of the request, on that date I emailed you. In my email I stated that since the requested information had already been downloaded onto a flash drive and the Personally Identifiable Information (PII) redaction process began at least as early as May 11, 2023, I respectfully requested to know why there was a delay in fulfilling PABNC’s public records request? In that email I asked that you provide the requested information to PABNC without any further delay and to please provide the date you anticipated PABNC’s request to be completed.
On July 18, you replied that you had passed my email along to those fulfilling the request.
On July 19 I replied to your July 18 correspondence respectfully stating that your response was unsatisfactory. The public records request was directed to you and the inquiry as to its status was directed to you, not the person doing the work. I requested that you please reply with an appropriate answer to the questions; why the delay and when could PABNC expect the request to be completed?
On July 19 you replied that the redaction process did not begin until June 16, 2023, when you had confirmation that PABNC would like you to proceed with the request despite the special charge. You stated the redaction process is very time-consuming, but PABNC’s request would be completed as promptly as possible and once complete you would provide PABNC with the results.
On July 19 I replied that unless BOE attorney Leigh Sink outright lied, factually your response was inaccurate. According to attorney Sink herself, attorney Sink began the process of reviewing the 3,200 emails at issue to ensure PII was not disclosed, that the Family Educational Rights and Privacy Act (FERPA) law was not violated, and that no other confidential information was disclosed at least as early as May 11, 2023. I wrote that one would presume the process attorney Sink described was in fact, redaction. Factually, on May 15, 2023, attorney Sink was requested to continue “redating” the aforementioned emails. I stated the above notwithstanding, since the redaction process had been underway for at least one month, it was reasonable to expect the total number of emails redacted to date had been documented. Additionally, I wrote that whether the redaction process began on May 11, earlier than May 11, or June 16 as you allege, based on the amount of work done thus far, it was reasonable to expect you should be able to at least project a completion date. Accordingly, I asked that you please provide the total number of emails that had been redacted to date and to please provide a projected completion date.
When by September 11, 2023, PABNC had not received the courtesy of a reply, at the BOE meeting that date I verbally stated to you that if CCS continued to delay complying with PABNC’s request PABNC was prepared to have legal counsel file a motion to compel.
As of Today, Monday, January 8, 2024, you have not afforded PABNC the civility of a reply. Therefore, if you have not provided the information requested in the public records request PABNC filed on June 10, 2023, or replied with the information requested in my July 19, 2023, email by close of business Friday, January 12, 2024, PABNC will presume you do not intend to comply with the public records request. If you respond, kindly include everyone copied on this email.
Respectfully,
David E Poston
Spokesperson
Parents Against Bullying NC, Inc.