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16CVS
Plaintiff,
1> .
COMPLAINT AND MOTION FOR
ORDER TO SHOW CAUSE
[COMP]
Carolina
Defendant.
1.
Chapter 132 of the General Statutes and the Uniform Declaratory Judgment Act,
N.C. Gen. Stat. 1-254. As described more specifically in the numbered allegations
set out below, the plaintiff seeks an order compelling Governor McCrory to permit
the inspection and copying of pubhc records pursuant to N. C. Gen. Stat. 132-9(a)
and an order awarding the plaintiff its reasonable attorney fees pursuant to G.S.
132-9(c)(l).
The Parties
2.
that has its principal place of business in Durham, Durham County, North
Carohna. Among other things, ZM INDY, Inc. publishes and does business as INDY
Week, a general interest weekly newspaper that covers news, politics and culture in
the Research Triangle area. INDY Week also disseminates news onhne via
www.indvweek.com
3.
duly elected and serving governor of North Carolina and is sued in that official
capacity. Governor McCrory is a public agency of North Carolina government as
defined by G.S. 132-l(a) and is the custodian of records that are public under the
Pubhc Records Law,including the records at issue in this action.
The North Carolina Public Records Law
4.
The North Carolina Public Records Law ("the Public Records Law")is
5.
The public policy underlying the Pubhc Records Law is set out in G.S.
herein, 'minimal cost' shah mean the actual cost of reproducing the
pubhc record or pubhc information.
6.
records as:
1 Plaintiff is also party to The News and Observer Publishing Company, et al, v. Pat
McCrory, as Governor of North Carolina, et al, 15-CVS-9591,in which a coahtion
of media outlets and pubhc interest organizations are seeking rehef for the
systematic non-comphance with the North Carolina Pubhc Records Act by executive
branch agencies and the Office of the Governor. Plaintiff, by bringing this current
action, does not in any way waive any of the arguments or claims for rehef sought in
15-CVS-9591.
7.
pubhc records shall permit any record in the custodian's custody to be inspected and
examined at reasonable times and under reasonable supervision by any person, and
shall, as promptly as possible, furnish copies thereof upon payment of any fees as
may be prescribed by law." G.S. 132-6(a).
Background and History of the Public Records Requests at Issue
8.
On February 21, 2016 the Charlotte City Council amended the city's
gender with which they identified. The amended ordinance was to become effective
on April 1, 2016.
9.
General Assembly passed House Bill 2("HB2"), entitled "AN ACT TO PROVIDE
FOR SINGLE-SEX MULTIPLE OCCUPANCY BATHROOM AND CHANGING
FACILITIES IN SCHOOLS AND PUBLIC AGENCIES AND TO CREATE
STATEWIDE CONSISTENCY IN REGULATION OF EMPLOYMENT AND
chapters of the North Carohna General Statutes. Among other things, it superseded
and pre-empted the provisions of amended Charlotte ordinance that extended
protection to LGBT persons and prohibited North Carohna cities, towns and
11.
requested copies of aU emails from Governor McCrory and chief of staff Thomas
Stith between March 14 and March 25 related to the special session and/or HB 2, as
well as all emails between February 1 and March 25 from McCrory or Stith related
to the Charlotte ordinance. A true and accurate copy of that request is attached as
Exhibit B.
12.
requested copies of aU correspondence between the Governor's staff and CNN, NBC,
MSNBC, Fox News, CBS, and ABC employees related to appearances and potential
appearances to discuss HB 2 between March 15 and May 9. A true and accurate
copy of that request is attached as Exhibit C.
13.
Meredith McCullen-Steadman. The same day, Mr. Blest requested copies of all
communications between the Governor or First Lady Ann McCrory and Ann
McCrory's former chief of staff. Heather Dickson, while Ms. Dickson was a state
employee. Those requests were acknowledged the following evening. A true and
accurate copy of those requests and acknowledgment are attached as Exhibit D,
14.
15.
August 1 and August 9. A true and accurate copy of that request is attached as
Exhibit F.
16.
Week is a public record that Governor McCrory was required by the Public Records
Law to provide to INDY Week "as promptly as possible." All ofINDY Week's Pubhc
Records requests were made to Josh Ellis who serves as Governor McCrory's
Communications Director,
17.
At the time of this filing, it has been 204 days since INDY Week's
initial request for public records and 70 days since its most recent request and no
pubhc records have been produced by Governor McCrory responsive to any of the
requests described above. Moreover, Governor McCrory's office has only
acknowledged one of the Pubfic Records requests described above.
18.
Pubhc Records requests languishing before Governor McCrory and the Charlotte
Observer's suit against Governor McCrory seeking records about Governor
McCrory's HB2 communications. A true and accurate copy of that article is attached
as Exhibit G.INDY Week has had no response from Governor McCrory's office
since pubhcation of the article.
19.
requests submitted to Governor McCrory and his staff, INDY Week beheves and
alleges that Governor McCrory's failure to respond to its Public Records requests
described above constitutes a deliberate, conscious and intransigent refusal by
1.
set this matter down for an immediate hearing pursuant to G.S. 132-
2.
9(a);
a.
b.
bring to the hearing for the court's in camera review the records
requested by the plaintiff; and
c.
3.
after the hearing, enter a permanent order declaring that the records
requested by INDY Week are pubhc records and compelling Governor McCrory,
pursuant to G.S. 132-9(a), to make them available for inspection and copying; and
4.
The plaintiff further prays that the court provide it with such further
and additional relief as the court shall deem to be just, proper and authorized by
law, and that the costs of this action be taxed against Governor McCrory.
This the
Michael J. Tadych
Hugh Stevens
N.C. State Bar No. 4158
C. Amanda Martin
N.C. State Bar No. 21186
Subject: FOIA request - emails concerning the drafting of the Myths vs. Facts press release
Hey Josh, my name is Paul Blest, I'm a reporter at Indy Week. Have a few questions.
1. In the Myths vs. Facts press release you said this:
"11. Will this bill threaten federal funding for public schools under Title IX?
2. I'd like to request all emails and correspondence that were involved in the drafting of the same
press release from 3/23/16 to 3/26/16.
EXHIBIT
11
I'd like to request a copy of all email correspondence between 3/14/16 and 3/25/16 of: Gov. McCroiy^
and Chief of Staff Thomas Stith, relating to the special session and^r HE 2, as well as all email
correspondence bet\veen 2/1/16 and 3/25/16 of: Gov. McCroiy^ and Stith relating to the Charlotte
ordinance.
My number is 302-743-9939,feel free to reach out if you have any questions. Thanks!
Best,
Paul
EXHIBIT
10
fni requesting all correspondence between the Governor's staff and CNN, NBC, MSNBC,Fox News,
CBS,and ABC employees relating to appearances and potential appearances to discuss HB 2 betw^een
March 15 and May 9 of this year.
Thanlvs,
Paul
EXHIBIT
Communications Director
office
mobile
iosh.ellis@nc.gov
1 E. Edenton St.
MSG 20301
Raleigh, NC 27699-0301
Original Message
I'd like to request any and all conununications - emails, phone log records, IMs, and text
1
I'd also like to request any and all communications - emails, phone log records, IMs, and text
messages - between Governor McCrory and Heather Dickson while Dickson was a state
employee, as well as any and all commimications - emails, phone log records, IMs, and text
messages - between First Lady Ann McCrory and Heather Dickson while Dickson was a state
employee.
Best,
Paul Blest
302-743-9939(c)
Email correspondence to and from this address may be subject to the North Carolina Public
Records Law and may be disclosed to third parties by an authorized state official.
EXHIBIT
Cc: news@dhhs.nc.gov
Subject: Public records requests - emails between DFIHS and Governor's office
Hi Josh andDHHS,
I'm requesting all communications and emails bet\\^een DHHS and the Governor's communications
team from 8/1/2016 to 8/9/2016.
Best,
Paul Blest
EXHIBIT
1(yi4/2016
Here Are Seven INDY Public Records Requests That the Governor's Office Has Ignored|Triangulator
|
indy Week
News Triangulator
Onpublic
April records
5, shortlyrequest
after MBfor2emails
passed,sentTheorCharlotte
Observer filed a
received by Governor
McCrory or his staff that "included, but was not limited to, email
exchanges with legislators, administration officials, companies, and
Economic Development Partnership of North Carolina staff."
The paper never got those records: last week, it sued.
This isn't the first time Team McCrory has been accused to ignoring the
state's open-records law. Last year, the 'NDY, The Charlotte Observer, The
News & Observer, and other media outlets sued the McCrory administration,
alleging that state agencies failed to produce public documents in a timely
manneror at all.
But this latest case serves as yet another indication of the administration's
cavalier disregard for transparency. Instead of answering records requests,
McCrory's minions often choose to ignore them until threatened with legal
action.
We know that all too well. One example: on April 25, the INDY sent a records
request to both McCrory and Lieutenant Governor Dan Forest, asking for
communications related to MB 2. Forest supplied his emails in June.
McCrory? We're still waiting. And those aren't the only records the gov's
office would rather keep hidden from public view.
April 25, 201 6: All emails from Governor McCrory and chief of staff Thomas
Stith between March 14 and March 25 related to the special session and/or
httpy/www.indywe^.com/indyweek/here-ar&-seven-indy-publlc-records-requests-that-the-governors-office-has-ignored/Content?oicl=5074901
/2016
Here Are Seven INDY Public Records Requests That the Governor's Office Has Ignored ] Triangulator i Indy Week
May 9, 201 6: All correspondence between the governor's staff and CNN,
NBC, MSNBC, Fox News, CBS, and ABC employees related to appearances and
potential appearances to discuss HB 2 between March 15 and May 9.
June 7, 201 6: All communications between McCrory and his scheduler,
Meredith McCullen-Steadman.
We'll update this list periodically, if and when new requests are made or if
old requests are answered, if past is prologue, most of these will probably
be ignored in perpetuityat least without another lawsuit. Or maybe a new
administration.
triangulator@indyweek.com
All News
Tags: Triangulator, Pat McCrory, Charlotte Observer, HB 2, records request, ignored, news and
record, public records
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http://www.indyweek.com/indyweei</her-are-severv-indy-public-records-requests-that-Ui6-governors-offic6-has-ignored/Content?oid-5074901