Rutherfordton police apologize after deleting post, defend actions amid public records law questions. This newsletter is supported by readers like you.
By Annie Dance | Cops & Congress | News & Commentary
RUTHERFORDTON, N.C. — The Rutherfordton Police Department and town officials addressed mounting concerns this week after the department deleted a controversial social media post about a man seen living outdoors downtown and issued a public apology, while also defending its handling of the record amid questions about North Carolina’s public records law.
The department initially posted a “public service announcement” Dec. 16 explaining that the elderly man, identified as Theodore Johnson, “has a home, money, and people who will help him,” and urging the public not to give him money, saying such offers and repeated calls for police did not help the situation. After widespread criticism from residents and advocates, the department removed the post and apologized later that day.
Town officials reiterated the apology in the social media comment, saying the original message “did not reflect the care, professionalism and compassion our officers and partner agencies provide every day.” They said internal communication processes are under review to ensure future posts better align with policy and community expectations.
Under North Carolina’s public records statute, “public records” encompass all documentary materials made or received in connection with public business, regardless of format, and belong to the people of the state rather than the agency that created them. The law expressly prohibits public officials from destroying, altering, removing or otherwise disposing of any public record without approval from the state archives agency, the Department of Natural and Cultural Resources.
Deliberately deleting a public record without proper authorization can constitute a Class 3 misdemeanor, punishable upon conviction by a fine ranging from $10 to $500, though the statute does allow approved disposal under specific archival procedures.
Legal experts say whether a deleted social media post qualifies as a “public record” can hinge on how the agency catalogs and retains its digital communications, but the underlying statute treats electronic materials the same as traditional records unless an authorized records retention schedule allows removal.
Police Chief Clint Ingle defended the department’s actions, saying the intent was to correct an inaccurate impression created by the original post, not to hide information from the public. He emphasized the department continues to work with social services, mental health professionals and the county’s co-responder HARP team on cases involving individuals experiencing homelessness or crisis.
The social media incident also renewed debate on the role of law enforcement in dealing with homelessness and mental health issues. Advocates said the post’s tone and its deletion raised separate but related concerns about transparency and accountability.
Public records advocates say if residents believe a public record was improperly withheld or destroyed, they can file a complaint with the North Carolina Department of Natural and Cultural Resources or seek judicial review to compel disclosure. Courts may also assess civil penalties against officials who knowingly or unjustifiably fail to provide access to records under certain circumstances.
Town officials said they plan to reissue the content of the deleted post through more appropriate channels and will cooperate with any records requests, stressing that transparency remains a priority.
Johnson was missing in October, the police publicly said he had “mental disabilities,” then just a few weeks after he was found missing RPD Sgt. Cope arrested him, according to public records. Court records show Judge Michele McEntire sentenced him to 23 days in jail after District Attorney Ted Bell made the case. Public eCourts records said Johnson threatened Cope, among other misdemeanor charges. Johnson was released on Dec. 3, according to Rutherford County Sheriff’s Office jail records.
