STATE OF NORTH CAROLINA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION
15-CVS-3203

COUNTY OF GASTON
DAN DEITZ and ELLEN DEITZ
TUCKER,
Plaintiffs,
v.
CITY OF BELMONT
Defendant.

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ORDER DENYING PLAINTIFFS

MOTION FOR SUMMARY JUDGMENT
IN PART

THIS MATTER came on for hearing before the undersigned judge on May 17, 2016,
during the civil session of Gaston County Superior Court, upon Plaintiffs Motion for
Summary Judgment pursuant to Rule 56 of the North Carolina Rules of Civil Procedure.
The Plaintiffs were represented by attorney Elliot Engstrom, and Defendant was
represented by attorney Brad Kline;

Having considered the record evidence, the applicable law, and the arguments of
counsel, the Court finds there are no issues of material fact and concludes, as a matter
of law, that the ISS Report at issue is a record gathered by the City of Belmont, largely
with respect to specific employees and, therefore, falls within the personnel records
exception of N.C.G.S. 160A-168.

The Court further concludes, after conducting an in camera review of the ISS Report,
that a limited number of sections and exhibits are not related to specific employees, and
therefore, are subject to disclosure.
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Following its in camera review, the Court consulted ex parte with Defendants counsel
for the sole purpose of providing instruction regarding the necessary redactions.

NOW THEREFORE, IT IS HEREBY ORDERED THAT:

1. Plaintiffs Motion for Summary Judgment is GRANTED in part and DENIED in
part.
2. Within ten (10) days of the filing of this Order, Defendants counsel will
produce to Plaintiffs counsel the following sections of the ISS Report in
unredacted form:
a. Project Methodology
b. Applicable Laws, Policies, Rules, and Regulations
c. Exhibits 1-9
3. Within ten (10) days of the filing of this Order, Defendants counsel will
produce to Plaintiffs counsel the following sections of the ISS Report in
redacted form:
a. Introduction
b. Investigation
c. Additional Issues or Concerns
d. Conclusions and Recommendations
e. Table of Exhibits
This, the 1st day of August, 2016

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The Honorable Carla N. Archie
Superior Court Judge Presiding
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