Up and Coming Weekly is a weekly publication in Fayetteville, NC and Fort Bragg, NC area offering local news, views, arts, entertainment and community event and business information.
Issue link: http://www.epageflip.net/i/422861
12 NOV. 26 - DEC. 2, 2014 WWW.UPANDCOMINGWEEKLY.COM On Monday, Nov. 10, Up & Coming Weekly filed an open records request with the City of Fayetteville. The request came following a decision by the city's top administrator, City Manager Ted Voorhees, to cease all advertising, partnerships and sponsorships in connection with the community newspaper on Nov. 5 as a result of a less than favorable editorial written by Up & Coming Weekly Publisher Bill Bowman on Oct. 22. In the open records request, Up & Coming Weekly asked the following: "Pursuant to the N.C. Public Records Act, I am requesting copies of all city communications whether electronic or hard copy, and all texts referencing Up & Coming Weekly from Sept. 1, 2014 to Nov. 10, 2014. This request includes all communications between not only city staff but also the city council." The North Carolina Public Records Act and Open Meetings Law is monitored and enforced by the North Carolina Attorney General's Office, which along with the North Carolina Press Association, works to ensure that government activities and operations are open. In a guide created in partnership between the attorney general's office and the NCPA, North Carolina Attorney General Roy Cooper wrote, "The spirit in which public officials work to comply with the law is as important as the law itself. Recognizing that the public's business should be done in the open and honoring requests for help serves the people as well as those who seek to inform them." He further noted, "In other words, when in doubt about how to interpret the state's open records and meetings laws — (the government should) always work to resolve the question in favor of openness." According to the N.C. Public Records Law, public records are documentary materials made or received by government agencies in North Carolina in carrying on public business. Public records include materials written or created by the government and its employees. Public records include paper and electronic documents, emails, 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. If an agency fails to release or disclose public records, the requestor, in this case, Up & Coming Weekly, can bring a civil action in court against the government agency or official who denied access. North Carolina courts are charged to set public record complaints for immediate hearings and give these cases priority over other cases. If the court finds that an agency or individual was denied access without substantial justification, the agency must pay all court and attorney fees and release the documents. In the case of the public records request by Up & Coming Weekly to the city, a review of documents released by city staff found that several key city officials failed to respond to the request and among those who did, several failed to disclose or release a full record of communications concerning Up & Coming Weekly. Key officials who failed to disclose all pertinent records include: • City Manager Ted Voorhees • Deputy City Manager Rochelle Small-Toney • Corporate Communications Director Tracie Davis • City Attorney Karen McDonald • Storm Water Manager Greg Caison Bowman has long been a staunch supporter of the City of Fayetteville. He is "surprised and perplexed" by Voorhees' actions, which he views as "retaliatory and inhibiting" his paper's ability to cover the city as Voorhees ordered that the community newspaper was to be given "no more information" and is indignant at the city's blatant disregard for the Open Records Law. "As a North Carolina community newspaper publisher and ardent advocate of the 4th Estate and the 1st Amendment, I take the Open Records and Open Meetings laws very seriously," said Bowman. "Transparency in government is critical to good governance. Having served on the board of the North Carolina Press Association and as past president of the NCPA Community Newspaper Association, I know how important the 'Sunshine Laws' are — not only in pursuit of good governance but also in pursuit of keeping the citizens informed and keeping government actions above board. "Over the past 20 years of operating Up & Coming Weekly, I have never found myself in a position where a local government has demonstrated a total lack of regard for not only the Open Records Law, but also for the 1st Amendment and its prohibition of government infringement of the press, which ultimately translates into a lack of regard and respect for the citizens they govern." Bowman, who is known for his commentaries, said he was shocked at what he considers "rash, emotional and unprofessional" decision making by Voorhees in retaliation to the commentary concerning the ongoing court action between the Public Works Commission and the City of Fayetteville.. "No doubt it was a knee-jerk reaction on Voorhees' part. The text he dashed off to city staff confirms that it was an emotional and not well thought out decision," said Bowman. The text Bowman references is the only communication Voorhees reported in response to the public records request. Voorhees sent the following email to Corporate Communications Director Tracie Davis, whose office is charged with answering public records requests. "Tracie: I didn't spend much time on the Up and Coming issue. I went through email and text messages and here is all I found. It is a text message from me to Kenneth Maynard on Friday, Oct 24 at 4:28 p.m.: "No more info and ads for Up and Coming and Kidsville. We are done with them. I've shared with Tracie already." The text to Maynard was sent from Voorhees' iPhone. Voorhees' statement that he had no other communications concerning Up & Coming Weekly were negated in an email forwarded to the Public Information Office from Rusty Thompson, the director of the city's Engineering and Infrastructure Department. In disclosing his communications, Thompson included a text from Voorhees: "Please stop providing any ads or information to Up and Coming and Kidsville News." Thompson, in turn, forwarded the text to Caison, who in his email to the Public Information Office said he had no communications concerning Up & Coming Weekly at all, even though he not only communicated back to Thompson with the following: "Really ... Ok! We are already confirmed for the November issue of Kidsville and doubt we can pull out of that one? We stopped up-and- coming 2 or 3 years ago." Caison was further copied by members of his staff on several emails concerning Up & Coming Weekly, including communications from Up & Coming Weekly zeroing out the agency's accounts. Voorhees, like Caison, was also copied on a number of emails, which he did not disclose. "In my 20 years of working with and advocating for the City of Fayetteville, I have never experienced this kind of total disregard and disrespect of the law, which has put us in our first adversarial position with the city I love," said Bowman. "I built my newspaper and publishing business on promoting Fayetteville and showcasing its quality of life. This is very disappointing and difficult for me. This is not a place I personally ever wanted to be and never thought I would find myself or my newspaper." In an interview with Fayetteville Mayor Nat Robertson, Up & Coming Weekly attempted to bring some openness to not only Voorhees' retaliatory actions, but also address the failure of some members of the city staff to obey the law in regards to the open records request. When asked whether the council had been read in to Voorhees' intent to put prohibitions on information and advertising on Up & Coming Weekly prior to the staff being informed by Voorhees, Robertson said that neither he nor the council had been informed or read in to the actions. When he questioned Voorhees about the action during the city council's working meeting on Nov. 10, Voorhees indicated that he felt that Up & Coming Weekly had a negative slant and "wasn't something that he felt the city should be involved with." For his part, Robertson said that he does not see Up & Coming Weekly as negative to the city. Robertson acknowledged the partnership Up & Coming Weekly has had with the city over the past six years, providing the City of Fayetteville more than $300,000 in free editorial space to ensure residents know what is happening in the city. He noted that in a time of constrained resources, Voorhees' decision was not wise. Also during the city council work meeting, Voorhees noted that while the corporate communications staff had not done any research yet on effectiveness of communications through Up & Coming Weekly, they would. In response to a public records request by the Fayetteville Observer, Davis told staff writer Andrew Barksdale that there was an ongoing media review. When queried about said ongoing review of media, Mayor Robertson said that to his knowledge no media review was occurring or had been asked for by the council. When queried about the open records law, Robertson said that failure by staff to openly and honestly respond to requests should result in termination. Voorhees was contacted and asked the following questions: 1. Was the decision to pull all information from Up & Coming Weekly based on what you believe to be a negative editorial slant/vice a systemic review of all media sources? 2. Other than the commentary by Bill Bowman on Oct. 22, what other articles about the city have shown the negative editorial slant that you believe is pervasive in the newspaper? 3. What is your reaction to the following: In the first six months of 2014, there were 77 City Staff Less Than Forthcoming on Open Records Request BY JANICE BURTON