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INDY Week V Skvarla
INDY Week V Skvarla
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16 CVS
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COMPLAINT AND MOTION FOR
ORDER TO SHOW CAUSE
[COMP]
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 Secretary Skvarla to permit
the inspection and copying of public 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
Carolina. Among other things, ZM INDY, Inc. pubhshes and does business as INDY
Week, a general interest weekly newspaper that covers news, pohtics and culture in
the Research Triangle area. INDY Week also disseminates news online via
www.indvweek.com.^
3.
government as defined by G.S. 132*1(a) and is the custodian of records that are
pubhc under the Public Records Law.
The North Carolina Public Records Law
4.
The North Carolina Public Records Law ("the Pubhc Records Law")is
5.
The pubhc policy underlying the Pubhc Records Law is set out in G.S.
people. Therefore, it is the pohcy of this State that the people may
obtain copies of their pubhc records and pubhc information free or at
minimal cost unless otherwise specificaUy provided by law. As used
herein, 'minimfll cost' shaU mean the actual cost of reproducing the
pubhc record or pubhc information.
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 coalition
of media'outlets and pubhc interest organizations are seeking rehef for the
systematic non-comphance with the North Carohna Pubhc Records Act by executive
branch agencies, including the Department of Commerce, and the Office of the
Governor. Plaintiff, by bringing this current action, does not in any way waive any
6.
records as:
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).
requested copies of records reflecting salaries and whatever other compensation for
the Industrial Commissions'commissioners, deputy commissioners, and
from 2013, 2014, and 2015. True and accurate copies of those requests are attached
as Exhibit A.
9.
These requests were initially made to Emily Baucom, the Clerk of the
North Carolina Industrial Commission. Owing to the fact that the Department of
10.
Commerce acknowledged the requests and copied Ms. Genardo, David Rhodes, the
11.
Secretary Skvarla was required by the Pubhc Records Law to provide to INDY
Week "as promptly as possible."
12.
At the time of this filing, it has been 189 days since INDY Week's
requests for Pubhc Records were made, 186 days since the requests were
13.
1.
9(a);
set this matter down for an immediate hearing pursuant to G.S. 132-
2.
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 public records and compelling Secretary Skvarla,
pursuant to G.S. 132-9(a), to make them available for inspection and copying; and
4.
5.
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 Secretary Skvarla.
This the
Michael J. Tadych
N.C. State Bar No. 2451
Hugh Stevens
N.C. State Bar No. 4158
C. Amanda Martin
N.C. State Bar No. 21186
Your request has been forwarded to Kim Genardo,Public Records Officer for Commerce.I'm sure she
will get back to you as soon as possible.
Thanks,
Emily Baucom
Original Message
My name is Paul Blest, I'm a reporter at Indy Week.I'm not sure if you're the person to talk to about
this but any help would be much appreciated.
1. I'd like to see the salaries + whatever otlier compensation for the Industrial Commissions'
EXHIBIT
a\
2. I'd like to see the annual reports from 2013, 2014,and 2015,requested by the G-S under this
section: "The Commission shall demonstrate its success in implementing its strategic plan under
subsection (f) ofthis section by including all of the following in its annual report under subsection (e)
ofthis section:
(1)The total number of claims made during the preceding calendar year,the total number of claims in
which compliance was not timely made,and,for each claim,the date the claim was filed,the date by
which compliance was required, the date of actual compliance, and any semctions or other remedial
action imposed by the Commission.
(2)The total number of requests for, and disputes involving, medical compensation under G.S. 97"
25 in which final disposition was not made within 75 days ofthe filing ofthe motion with the
Commission,and,for each such request or dispute, the date the motion or other initial pleading was
filed,the date on which final disposition was made and, where reasonably ascertainable,the date on
which any ordered medical treatment was actually provided.(1929? c. 120,s. 52; 1931? c. 274,s. 9J
1941, c. 358,s. 2; 1947, c. 823; 1957, c. 541,s. 6; 1971, c. 527,s. 1; c. 1147, s. 1; 1983, c. 717, s. 20;1983
(Reg. Sess., 1984),c. 1034? s. 164; 1997-443? s. 334;1998-212,s. 28.18(a); 2005-276,s. 29.20(b);
2007-323,ss. i3.<4A(a),(b); 2013-382,s. 9.1(c); 2013-413,s. 60(a); 2014-77,s. 5.)"
Let me know if you have any questions; my number is 302-743-9939.Thank you!
Best,
Paul
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.
This email is to acknowledge the receipt of your public records request submitted below.
Additionally, I returned your phone call from late Tuesday on Wednesday morning but wanted to be
sure to follow up with you via email. The Industrial Commission is a dmsion of the North Carolina
Department of Commerce and we respond to questions from the media through their communication
team. Kim Genardo is the head of that team,and she is cc-ed here.
Please let us know if you are operating under a deadline for your story.
Thank you.
Beth A. Onyenwoke
E-mail correspondence to and from this address is subject to the North Carolina Public Records Law
and may be disclosed to third parties unless the content is exempt by statute or other regulation.
Original Message
From: Baucom,Emily M
EXHIBIT
Original Message
From: Paul Blest fmailto:PBlest@indvweek.coml
My name is Paul Blest, I'm a reporter at Indy Week.I'm not sure if you're the person to talk to about
this but any help would be much appreciated.
1. I'd like to see the salaries + whatever other compensation for the Industrial Commissions'
commissioners, deputy commissioners, and administrators from 1/1/13 to 4/25/2016.1 know they
have the pay structure outlined at this link fhttp://www.ic.nc.gov/ncic/pages/statute/Q7-78.htm) but
I'd like to know a hard number.
2. I'd like to see the annual reports from 2013, 2014, and 2015,requested by the G-S under this
section:"The Commission shall demonstrate its success in implementing its strategic plan under
subsection (f)ofthis section by including all of the following in its annual report under subsection (e)
ofthis section:
(1)The total number of claims made during the preceding calendar year,the total number of claims in
which compliance was not timely made,and,for each claim,the date the claim was filed,the date by
which compliance was required,the date of actual compliance, and any sanctions or other remedial
action imposed by the Commission.
(2)The total number of requests for, and disputes involving, medical compensation under G.S. 9725 in which final disposition was not made within 75 days ofthe filing ofthe motion with the
Commission,and,for each such request or dispute,the date the motion or other initial pleading was
filed, the date on which final disposition was made and, where reasonably ascertainable,the date on
w^hich any ordered medical treatment was actually provided.(1929? c. 120,s. 52; I93i> c. 274* s. 9J
1941, c. 358,s. 2; 1947, c. 823; 1957j c. 541,s. 6; 1971, c. 527,s. 1; c. 1147> s. i; 1983> c. 717,s. 20; 1983
(Reg. Sess., 1984),c. 1034,s. 164; i907-443.> s. 334; 1998-212,s. 28.18(a); 2005-276,s. 29.20(b);
2007-323,ss. i3.4A(a),(b); 2013-382,s. 9-i(c); 2013-413* s. 60(a); 2014-77* s. 5.)
Let me know if you have any questions; my number is 302-743-9939- Thank you!
Best,
Paul
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.
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.
Email correspondence to and from this addi^ess may be subject to the North Carolina Public Records
Law and may be disclosed to third parties by an authorized state official.