Those who open the Mayor, Jacques K. Gilbert app find the Apex town leader greeting them with a smile as shiny as the ceremonial shovel that hangs behind his desk.
“I want to start out by saying transparency isn’t just a word. It’s actually a bridge that builds purpose and trust,” Gilbert says in the app’s introductory video. The mayor promises “real-time updates without all the unnecessary clutter” and a direct channel for connecting with him.
The personal app, launched in 2025, appears to be the only such effort by a North Carolina municipal official. In addition, the mayor runs Facebook and Instagram profiles that reach more followers than those of Raleigh’s, Charlotte’s, and Greensboro’s mayors combined—even though Apex’s population is less than a twentieth of those cities’ total. Over the past month, his posts have ranged from a video of squirrels wrestling to ordering the first milkshake at Apex’s new Cook Out to a sober analysis of the town’s budget.
Gilbert’s knack for charismatic digital communications has helped raise his political profile since his election in 2019. According to a Q&A with The Line, he was recently appointed chair of the N.C. Metro Mayors Coalition. But the mayor’s freewheeling approach to blending official business with personal platforms has created tension with staff and raised questions about his adherence to state public records law.
Chapter 132 of North Carolina’s General Statutes requires local governments to make nearly all documents created as part of public business, even when they are produced on privately managed platforms, available “as promptly as possible” upon request. The town of Apex has generally been a model of compliance: Officials fulfilled 299 of the 307 records requests they received in 2025. When NC Local asked for the same set of records from the state’s 20 largest cities, Apex was the second-fastest to respond, producing the requested emails in just over an hour.
Gilbert’s communications have been a notable exception. According to an April report by Apex Town Clerk Allen Coleman, the majority of the unfulfilled requests from 2025 (two of which are from the INDY) remain open “pending the Mayor’s response regarding communications outside Town email.”
Dating back to October, the open requests deal with controversial issues where Gilbert has taken public stances. These include his advocacy for a bike trail on town-owned land near the Charleston Village neighborhood, questionable use of town purchasing cards, and support of a for-profit parking lot in a residential area.
Gilbert’s app, which sets its mission as “bridging the gap between town government and residents,” offers his perspectives about town business, listings of events such as Town Council meetings, and a contact form inviting users to connect with the mayor. Gilbert says those messages “are automatically routed to my Town email.” However, the app’s terms and conditions state that its activities “remain private and separate from Town business,” noting that “communications generated through the App are routed through private email accounts and are not delivered to Town of Apex servers.”
Regardless of how those messages are handled, experts in public records law say that Gilbert is still required to disclose relevant communications.
“If the content of messages sent or received through the app is related to public business, then they are public records, regardless of whether they are routed through private email or maintained on a private device,” said Ashley Fox, a lawyer who helps operate the N.C. Press Association’s legal hotline. “Ultimately, it is the content of each individual message that determines whether it is public record, not what the terms and conditions of the app may say.”
Reached for comment by the INDY and The Assembly, Gilbert said he takes compliance with records law seriously. He explained that he personally reviews all messages received through the app and handles any town-related communication according to legal requirements.
“I have been actively working to review and compile any responsive materials. Given that this includes communications that may exist outside of standard Town of Apex email systems, it requires a thorough and careful review to ensure completeness and accuracy,” said Gilbert.
Other Apex officials, including Town Clerk Coleman and Public Records Coordinator JP Parris, have no access to privately run apps or social media accounts. The town must rely on individual elected officials or staff members to comply with the law.
Pate McMichael, director of the N.C. Open Government Coalition, previously told The Assembly that a lack of oversight for official business on private channels is an issue across the state.
“It’s hard to believe that you’re getting everything if you know for a fact they’re using their personal devices to communicate,” McMichael said. “There need to be some guidelines, and maybe some real teeth in the public records law, to try to encourage government officials to stop using private devices.”
Gilbert also claimed that he had not been made aware of the unfulfilled requests until the end of February. However, an email from Parris dated January 16 noted that the town was coordinating with the mayor to gather records from his personal communications.
Coleman confirmed that Gilbert had received a message in February. Coleman did not respond when asked about any prior communications between the mayor and the clerk’s office.
Apex resident Matt Barnes, who filed three of the requests for Gilbert’s records, has been frustrated by the lack of response. Even though the mayor has boasted about driving engagement on town government business through his social platforms and app, Barnes said, Gilbert “[operates] in this gray-space of official/private,” making it next to impossible to get a clear picture about those communications.
“I remain committed to transparency and to fulfilling these requests in accordance with state law,” Gilbert said. “I will continue coordinating with town staff to bring them to closure as soon as that review is complete.”
Gilbert isn’t the only Apex leader who communicates regularly outside of town channels. Councilmember Terry Mahaffey maintains an active Substack and social media presence, and he recently launched the Peak News Network as a “local news aggregator.” None of the unresolved 2025 requests mention Mahaffey’s communications. (One does mention Councilmember Edward Gray.)
“I put significant time into making public information easier for residents to find and understand. I do that work myself, using my own technical skills and non-town resources. I also recognize that public officials have public records obligations, and I take those obligations seriously,” responded Mahaffey when asked about his public records compliance.
Apex has been considering clearer communications policies for elected officials. Coleman provided the mayor and Town Council with a memo on “Press Releases and Social Media Best Practice Considerations” April 20, and officials discussed potential policies at an April 21 work session.
“The Town may define processes, clarify use of official resources, ensure compliance with public records and open-meetings laws, and set expectations for distinguishing personal views from official statements,” the memo read. Town officials are expected to revisit the social media policy in June.
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