City declines public records request

Published 12:00 am Sunday, July 27, 2014

SALISBURY — The city of Salisbury has declined to fulfill a public records request from the Post for documents connected to the departures of former City Manager Doug Paris and former Public Information Director Elaney Hasselmann.
The Post on July 17 asked for the minutes and audio recording of the June 17 closed session and names of anyone who participated.
City Council emerged from the nearly five-hour event to terminate Paris’ contract by mutual agreement. He received a nearly $210,000 severance. Hasselmann quit the next day and received a $32,700 severance.
Last week, City Clerk Myra Heard said the closed session minutes are not open for inspection, and no audio recording exists.
The Post asked the city to provide any of the following documents that exist related to Paris and Hasselmann’s separation from the city: settlement agreements; a copy of the written notice of the final decision of the city setting forth the specific acts or omissions that are the basis of the dismissal; severance agreements; termination agreements; release and/or waiver of claims; agreements for letter of recommendation; agreements not to file to suit; agreements of continued indemnity and any other document, paper or digital file or recording generated in any form related to their departure.
Heard on Friday said the requested records pertaining to dismissal do not apply to Paris or Hasselmann because they were not dismissed. The other records requested are not a matter of public record, she said.
The Post also asked Heard to state whether the city would not provide the documents, or if they did not exist. Heard said whether such records exist is also not a matter of public record. 
“There are no other documents related to their departure that have not already been released to the Salisbury Post that are public records,” Heard said.
The Post asked the city to provide any city emails, letters, notes of telephone conversations or other documents related to Paris and Hasselmann’s departures or to circumstances leading up to their departures, including personal email addresses used for city business.
“No emails exist related to the former city manager and former PIO’s departures or circumstances leading up to their departure,” Heard said. 
At the end of the regular June 17 City Council meeting, Councilman Brian Miller said he had been made aware of the need for a closed session to discuss personnel. The closed session was not on the agenda.
The Post also asked Heard, Mayor Paul Woodson and City Attorney Rivers Lawther under what authority the city violated its personnel policy in giving Hasselmann a severance including salary beyond days worked, health insurance and annual leave payouts. Hasselmann’s $32,746 payout included annual leave, health insurance and four months’ salary, although city policy states that an employee who quits without giving notice will receive only pay for time worked.
Heard replied on the city’s behalf and said the city has the authority to negotiate severance agreements.
Since June 17, the city has responded in a timely manner to more than a dozen public records requests from the Post regarding Paris and Hasselmann. Some requests have been fulfilled, while others have been denied as not a matter of public record or a personnel issue.
So far, records including emails, city credit card statements and expense reports have not helped explain why Paris and Hasselmann left, or why Hasselmann received a severance. Some public records requests are pending.
Heard last week clarified information about Paris’ employment contract, which had a longer severance and more generous payout than his peers in nearby cities.
For personnel matters, the city often uses the Charlotte law firm Ogletree, Deakins, Nash, Smoak and Steward, Heard said. But Paris’ proposed contract was presented by Springsted, the consultant that conducted the city manager search, and reviewed by City Attorney Rivers Lawther as to form, according to Heard.
She said she could not divulge which attorneys were present during the June 17 closed session.

Contact reporter Emily Ford at 704-797-4264.