David Gittings complaints

Yael Grauer filed this request with the Pima Community College of Arizona.
Est. Completion None
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Partially Completed
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Communications

From: Yael Grauer

From Yael to Grauer on Oct. 29, 2014:

To Whom It May Concern:

Pursuant to the state open records law, Ariz. Rev. Stat. Ann. Secs. 39-121 to 39-122 and 39-128, I hereby request the following records:

Any and all complaints filed against Pima Community College police officer David Gittings

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I would request your response within ten (10) business days.

Sincerely,

Yael Grauer

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Oct. 29, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: Merino, Paul

Hello Mr. Grauer,

Thank you for writing.

I have forwarded your message to the Chancellor’s Office, for further assistance.

Thank you,

Paul Merino
Student Services Technician
Pima Community College Information Center
(520)206-4500

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Oct. 29, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: Karamargin, C.J.

Yael,

The records you requested are under for review for personal information that might need to be redacted. The College anticipates having something for you next week.

C.J. Karamargin
Executive Director
Public Information & Media Relations
520-206-4850
ckaramargin@pima.edu<mailto:ckaramargin@pima.edu>
Visit our Media Center<https://www.pima.edu/press-room/index.html> for the latest PCC news
Open the door to new opportunities

From: Yael Grauer

Paul and C.J.,

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Oct. 29, 2014. You had mentioned on December 11th that it would be available the following week. Please let me know when I can expect to receive a response.

Thank you for your help.

Yael

----
From Yael to Grauer on Oct. 29, 2014:

To Whom It May Concern:

Pursuant to the state open records law, Ariz. Rev. Stat. Ann. Secs. 39-121 to 39-122 and 39-128, I hereby request the following records:

Any and all complaints filed against Pima Community College police officer David Gittings

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I would request your response within ten (10) business days.

Sincerely,

Yael Grauer

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Oct. 29, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: Yael Grauer

Hi, Paul and C.J.

I hereby formally request that you provide me with a written estimated date on which you will complete action on this FOIA request.

From: MuckRock

Hello,

Please provide an estimated date of completion for this public records request.

Thank you.

From: Yael Grauer

Hello,

Please provide an estimated date of completion for this public records request.

Thank you.

From: Yael Grauer

Hello,

Please provide an estimated date of completion for this public records request.

Thank you.

From: MuckRock

To Whom It May Concern:

The public records request copied below was submitted to Pima Community College on November 10, 2014 and has not received a follow up response since December 11, 2014. Please provide a status update on this request. It would be greatly appreciated.

Thank you.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Oct. 29, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Oct. 29, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: Yael Grauer

To Whom It May Concern:

I spoke with Rachelle Howell this morning, who stated that Officer Gittings' attorney is withholding release of docs related to this FOIA request.

Please provide this information in writing, as I requested during the call.

Yael Grauer

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Oct. 29, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Oct. 29, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: Pima Community College

Please find attached the requested information.

Thank you,

Angie Wesson

*******************************************

Support Coordinator

Office of the Chancellor and General Counsel

Pima Community College

Phone: 520-206-4747

Fax: 520-206-4990

awesson@pima.edu

From: Pima Community College

Please find attached the requested information.

Thank you,

Angie Wesson

*******************************************

Support Coordinator

Office of the Chancellor and General Counsel

Pima Community College

Phone: 520-206-4747

Fax: 520-206-4990

awesson@pima.edu

From: Yael Grauer

Thank you for the response.

I hereby request the following additional records:

*Review and fact finding documents for each of the complaints listed, including resolutions reached.
*Behavior that was found to be in breach of College policy and procedure. (You stated that many of the allegations were unsubstantiated , however, allegations that Pima College believes do not rise to the level of sexual harassment/hostile environment under federal law, do sometimes represent behavior that is in breach of College policy and procedure. Please include information on which allegations were found to be in violation of college policy and procedure.)

My complaint from July 2006 resulted in the review and fact finding below, which can be used as a sample of the type of information I am requesting for each of the other complaints.

Review and Fact Finding

Acceptance of Complaint and Fact Finding

ALLEGATIONS:
1. Officer Gittings created a hostile educational environment when Ms. Grauer had her fingerprints taken on 7/20/06 at the Downtown Campus.

Officer Guttings kept asking her to stand closer and then he told her
to stand behind him while he took her fingerprints making her feel
uncomfortable. Then he stood at the entrance to the restroom while she was washing her hands and blocking her exit.

FINDINGS:
1. The fact-finding supports the allegations as presented by Ms.
Grauer. The allegations do not rise to the level of sexual
harassment/hostile environment under federal law, however, they do represent behavior that is in breach of College policy and procedure.

RESOLUTIONS DISCUSSED: (with Complainant at beginning of fact finding)
No future contact with complainant who is a student, professional
counseling, suspension without pay, performance monitoring by
supervisor and EEO training.

RESOLUTIONS REACHED: (at closure of process, agreement reached)
The results of the fact-finding will be reviewed by College
administration and incorporated into any current employee relations issues that are in progress or pending.

EEO will provide training as requested.

***

In response to this complaint, Mr. Gittings attended one-on-one training with EEO Director Ms. Flores, viewed videos on sexual harassment , read a book, and wrote 4 papers on this topic after viewing the videos and reading the book.

Sincerely,
Yael Grauer

From: Yael Grauer

Dear Mr. Silvyn,

After further reviewing these records, I have some additional requests for records under the Freedom of Information Act.

First, I’d like to remind you that Ariz. Rev. Stat. Ann. Sec. 39-121.03 states, in pertinent part, that “the custodian of records of an agency shall furnish an index of records of categories or records that have been withheld and the reason the records or categories have been withheld from the requesting person.” Please provide an index of any records or categories that have been withheld for my previous request in addition to this request, as well as the reasons why they have been withheld.

Second, please include current or ongoing complaints about Mr. Gittings, as well as any other complaints not previously released to me, as I believe the documents provided to me are incomplete, despite your letter stating that no information other than a student name was redacted.

Third, as mentioned previously, I am additionally requesting copies of documents including the review of allegations, fact-finding documents, and resolutions for each of the complaints against Mr. Gittings from 2005 to 2015, including the ones released to me as well as any that were withheld.

This should include documents describing allegations where the behavior was found to be in violation of College policy and procedure. (You stated that many of the allegations were unsubstantiated; however, you failed to mention that at least one of the allegations that Pima College believes do not rise to the level of sexual harassment/hostile environment under federal law was found to represent behavior that is in breach of College policy and procedure.

For example, my complaint from July 2006 resulted in the review, fact finding, and resolution below, which can be used as a sample of the type of information I am requesting for each of the other complaints.

Review and Fact Finding

Acceptance of Complaint and Fact Finding

ALLEGATIONS:

1. Officer Gittings created a hostile educational environment when Ms. Grauer had her fingerprints taken on 7/20/06 at the Downtown Campus.

Officer Guttings kept asking her to stand closer and then he told her
to stand behind him while he took her fingerprints making her feel
uncomfortable. Then he stood at the entrance to the restroom while she was washing her hands and blocking her exit.

FINDINGS:

1. The fact-finding supports the allegations as presented by Ms.
Grauer. The allegations do not rise to the level of sexual
harassment/hostile environment under federal law, however, they do represent behavior that is in breach of College policy and procedure.

RESOLUTIONS DISCUSSED: (with Complainant at beginning of fact finding)

No future contact with complainant who is a student, professional
counseling, suspension without pay, performance monitoring by
supervisor and EEO training.

RESOLUTIONS REACHED: (at closure of process, agreement reached)
The results of the fact-finding will be reviewed by College
administration and incorporated into any current employee relations issues that are in progress or pending.

EEO will provide training as requested.

In response to this complaint, Mr. Gittings attended one-on-one training with EEO Director Ms. Flores, viewed videos on sexual harassment , read a book, and wrote 4 papers on this topic after viewing the videos and reading the book.

Once again, please also make sure to include both the complaints and the fact-finding documents and resolutions (if any, as there many not be a resolution for ongoing investigations) for the complaints you failed to include in the original 30 pages released to me.

Finally, I'd like to request a copy of Mr. Gittings' personnel file, including information on why he was stripped of rank in 2007.

I’d like to remind you that access to a public record is deemed denied if a custodian fails to promptly respond to a request for production of a public record, or fails to provide to the requesting person an index of any record or categories of records that are withheld from production.

I will therefore expect a response within 10 business days, including a written estimated date on which you will complete action on this FOIA request.

A statement that information is being reviewed for personal information that might need to be redacted will not satisfy this status request.

A mere statement that the message has been forwarded to the Chancellor’s Office, to a supervisor, or to any other department will not satisfy this request.

A statement that Mr. Gittings’ attorney is blocking release of documents will not satisfy this request.

Only “an estimated date on which the agency will complete action on the request” will satisfy this status request and the agency’s statutory responsibility.

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by representatives of the news media/press, and it is made in the process of news gathering and not for commercial usage.
I myself am an independent journalist, with clips for major websites and magazines.

In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your prompt response including a written estimated date on which you will complete action on this FOIA request.

Once again, if you choose to deny any part of this request, please provide a written explanation for the denial including a reference to the specific statutory exemption(s) upon which you rely. Also, please provide all segregable portions of otherwise exempt material.
Should you need to discuss this request, I can be reached at (715) 456-4273, or at yael.grauer@gmail.com.

Sincerely,

Yael Grauer

From: Pima Community College

Dear Ms. Grauer,

The College has received your May 23, 2015 request for public records and has begun collecting the materials. As an initial matter, please note that the College processes these requests following the Arizona laws on public records, ARS 39-121 et seq., rather than the federal Freedom of Information Act, which does not apply to a local, public entity like the College.

Your prior request was for “Any and all complaints filed against Pima Community College police officer David Gittings”. The College did not withhold any records responsive to this request. The College did redact student names to observe individual privacy rights of students, as explained in the response. The College did not include additional documents related to the complaints, such as findings, because we did not understand your request to include such additional records.

We understand your current request to include the following items:

Current or ongoing complaints about Officer Gittings
Documents related to the complaints against Officer Gittings for the period 2005-2015 including fact-finding documents and resolutions
Officer Gittings’ personnel file. (Your request indicates a belief that Officer Gittings was “stripped of rank in 2007.” I do not know if that is correct, but changes in rank would be reflected in the personnel records.)

We anticipate it may take a few weeks to fully complete processing of this request – gathering all records and reviewing to remove personal information, such as home address, social security number and the like. We will provide a more precise estimate for completion by June 17, if processing has not been finished. Please be advised that we anticipate that there are likely in excess of 300 pages and that the College charges 10 cents per page for copies. Due to the volume of these paper-based records, it will not be practical to provide them in an electronic format. Please provide a mailing address to which we can send the records.

If there are additional aspects of your records request that you would like to discuss, please do not hesitate to contact me.

Jeff Silvyn
General Counsel
Pima Community College
4905C E. Broadway Blvd.
Tucson, AZ 85709
Ph: 520-206-4678
Fax: 520-206-4990

Confidentiality Notice: This email may contain confidential attorney-client information and, if so, should not be disclosed or shared unless necessary. If you are not the intended recipient, please notify the sender and delete the email. Note to PCC staff: Forwarding this email may waive the attorney-client privilege.

From: Yael Grauer

You asked for a mailing address to which you can send the records. Please send them to MuckRock at P.O. Box 55819, Boston, MA 02205-5819.

From: Yael Grauer

Dear Mr. Silvyn--

In your note, you stated that you would provide a more precise estimate for completion by June 17, if processing has not been finished. Since it's now June 18th, I wanted to follow up on that.

Thank you,
Yael Grauer

From: Yael Grauer

Dear Mr. Silvyn--

In your note, you stated that you would provide a more precise estimate for completion by June 17, if processing has not been finished. Since it's now June 18th, I wanted to follow up on that.

Thank you,
Yael Grauer

From: Pima Community College

Ms. Grauer,

Mr. Silvyn is on vacation and I have been assisting him with this request.
I just received some additional documents to be reviewed and I hope to
complete the review and copying by the end of next week. As Mr. Silvyn
mentioned in his letter to you, the College charges 10 cents per page and
so far we are looking at approximately 250 pages *not* including the
additional materials. With that being said, I will send you an email with
the final page count and mailing directions for payment.

Thank you,

Angie Wesson

*******************************************

Support Coordinator

Office of the Chancellor and General Counsel

Pima Community College

Phone: 520-206-4747

Fax: 520-206-4990

awesson@pima.edu

From: Yael Grauer

Sounds good! I'll look for that on or before June 26th.

From: Pima Community College

Ms. Grauer,

I have completed the review and coping process for the documents you
requested and there are approximately *280* pages. Please send a check or
money order made payable to Pima Community College in the amount of $28.00
to:

Pima Community College

Attn: Angie Wesson

4905 E. Broadway Blvd.

Tucson, AZ 85709-1005

Once I receive payment, I will mail you the requested documents.

Thank you,

Angie Wesson

*******************************************

Support Coordinator

Office of the Chancellor and General Counsel

Pima Community College

Phone: 520-206-4747

Fax: 520-206-4990

awesson@pima.edu

From: Yael Grauer

Ms. Wesson,

I'll drop this in the mail on Monday morning.

Thank you,
Yael

From: Pima Community College

A copy of documents responsive to the request.

From: Pima Community College

A cover letter granting the request and outlining any exempted materials, if any.

From: Yael Grauer

Just wanted to follow up to see if you've received payment.

From:

Payment was received and items were mailed July 1.

Thank you,

Angie Wesson

*******************************************

Support Coordinator

Office of the Chancellor and General Counsel

Pima Community College

Phone: 520-206-4747

Fax: 520-206-4990

awesson@pima.edu

From: Yael Grauer

Thank you. Please send me an index of records that have been withheld and the reason for each exemption.

From:

The College sent all the documents that we believed were responsive to the
request. If there was a page that contained confidential information (i.e.
a social security number, student name, etc.) that specific piece of
information was redacted from the page that was included in the records
provided. I hope this answers your question. If further clarification is
needed, please let me know.

*Jeff Silvyn*

General Counsel
Pima Community College
4905C E. Broadway Blvd.
Tucson, AZ 85709
Ph: 520-206-4678
Fax: 520-206-4990

*Confidentiality Notice*: This email may contain confidential
attorney-client information and, if so, should not be disclosed or shared
unless necessary. If you are not the intended recipient, please notify the
sender and delete the email. *Note to PCC staff*: Forwarding this email
may waive the attorney-client privilege.

From: Yael Grauer

The files that appear to be missing include corrective action plans, specifics on why Mr. Gittings lots his rank, follow-up on the performance issues on his PPRs, and so forth.

Please let me know what the fee will be for the additional responsive documents that were not included. Alternatively, you can send me an index of exemptions if you believe there is a reason those documents are exempt from release.

Sincerely,
Yael Grauer

From:

Dear Ms. Grauer,

I'm not sure where the misunderstanding or miscommunication occurred, but
you have been provided with all the responsive records. For instance, the
response includes documents concerning corrective action taken with Officer
Gittings in September 2006. Officer Gittings has not lost rank while
employed at Pima College. Perhaps if you shared the basis for your belief
that he has lost rank, we can clarify further. If it would be helpful to
speak directly, please feel free to call me at the number listed below or
let me know the best way to reach you.

*Jeff Silvyn*

General Counsel
Pima Community College
4905C E. Broadway Blvd.
Tucson, AZ 85709
Ph: 520-206-4678
Fax: 520-206-4990

*Confidentiality Notice*: This email may contain confidential
attorney-client information and, if so, should not be disclosed or shared
unless necessary. If you are not the intended recipient, please notify the
sender and delete the email. *Note to PCC staff*: Forwarding this email
may waive the attorney-client privilege.

From: Yael Grauer

According to these documents Mr. Gittings was but is no longer receiving lead officer pay, so I'm looking for the corresponding documents explaining why he was and is no longer a lead officer. Thanks in advance.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Oct. 29, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: Silvyn, Jeff

If I understand your question correctly, you are interested in records from
2006 when Officer David Gittings served for a period of time as a lead
officer with a related level of pay and then later that year no longer
served as a lead officer. The attached documents address this question.
The first page was included in the materials previously provided. As
noted, lead officer assignments are temporary. When that assignment ended,
Officer Gittings and others applied for another lead officer assignment.
He was not selected. The second page is an email from the time that
explains the selection process used and the results. I hope this
additional information addresses your question. If I did not understand
your question correctly or you have additional questions, please let me
know.

*Jeff Silvyn*
General Counsel
Pima Community College
4905C E. Broadway Blvd.
Tucson, AZ 85709
Ph: 520-206-4678
Fax: 520-206-4990

*Confidentiality Notice*: This email may contain confidential
attorney-client information and, if so, should not be disclosed or shared
unless necessary. If you are not the intended recipient, please notify the
sender and delete the email. *Note to PCC staff*: Forwarding this email
may waive the attorney-client privilege.

From: Yael Grauer

Pursuant to the state open records law, Ariz. Rev. Stat. Ann. Secs. 39-121 to 39-122 and 39-128, I hereby request the following records:

1. Any and all complaints filed against Pima Community College police officer David Gittings from August 1, 2015 to June 14, 2016, including the review of allegations, fact-finding documents, and resolutions for each of the complaints, any additional documents describing allegations where the behavior was found to be in violation of College policy and procedure, even if it was deemed not rise to the level of sexual harassment/hostile environment under federal law but was found to represent behavior that is in breach of College policy and procedure

2. Performance review documents for David Gittings from August 1st, 2015 to June 14, 2016, including any corrective action plans within those dates.

3. Process notes for the previous requests that I filed, including communication between yourself and Officer Gittings’ attorney, who Rachelle Howell told me had lobbied to withhold the release of documents related to this request.

4. The job titles of Mike Godovchik and Greg Reddoch, if they were in fact ever employed by Pima Community College, their years of employment, and whether or not they had a working relationship with Mr. Gittings or would have come in contact with him while working for PCC.

I would remind you once again that Ariz. Rev. Stat. Ann. Sec. 39-121.03 states, in pertinent part, that “the custodian of records of an agency shall furnish an index of records of categories or records that have been withheld and the reason the records or categories have been withheld from the requesting person.”

I hereby further request:

1. An index of any records or categories withheld from this request, and the reasons for each exemption.

2. An index of records or categories withheld from my previous requests, and the reasons for each exemption.

3. Any and all complaints you neglected to include, including one from Ebony Smith, and complaints from two additional individuals.

4. Any additional documents describing allegations where the behavior was found to be in violation of College policy and procedure, even if it was deemed not rise to the level of sexual harassment/hostile environment under federal law but was found to represent behavior that is in breach of College policy and procedure.

5. Any corrective action plans you failed to include as part of my previous request.
I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.
In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I would request your response within ten (10) business days. I also hereby formally request that you provide me with a written estimated date on which you will complete action on this FOIA request.

Yael Grauer

From: Silvyn, Jeff

Dear Ms. Grauer, the College has received your request for records. I
believe we will be able to provide the materials in 10 business days and
will let you know if that changes. I will also let you know what charges,
if any there would be for the records. If the records are available in
electronic format and can be provided in electronic format, there is
generally no charge for the materials. The college does charge for making
paper copies. If you have any questions while the College processes your
request, please do not hesitate to contact me.

*Jeff Silvyn*
General Counsel
Pima Community College
4905C E. Broadway Blvd.
Tucson, AZ 85709
Ph: 520-206-4678
Fax: 520-206-4990

*Confidentiality Notice*: This email may contain confidential
attorney-client information and, if so, should not be disclosed or shared
unless necessary. If you are not the intended recipient, please notify the
sender and delete the email. *Note to PCC staff*: Forwarding this email
may waive the attorney-client privilege.

From: Yael Grauer

Thank you, Jeff. Will I be receiving the materials today?

From: Silvyn, Jeff

I sent a response to your other email address earlier today. I will
forward it.

*Jeff Silvyn*
General Counsel
Pima Community College
4905C E. Broadway Blvd.
Tucson, AZ 85709
Ph: 520-206-4678
Fax: 520-206-4990

*Confidentiality Notice*: This email may contain confidential
attorney-client information and, if so, should not be disclosed or shared
unless necessary. If you are not the intended recipient, please notify the
sender and delete the email. *Note to PCC staff*: Forwarding this email
may waive the attorney-client privilege.

From: Silvyn, Jeff

*Jeff Silvyn*
General Counsel
Pima Community College
4905C E. Broadway Blvd.
Tucson, AZ 85709
Ph: 520-206-4678
Fax: 520-206-4990

*Confidentiality Notice*: This email may contain confidential
attorney-client information and, if so, should not be disclosed or shared
unless necessary. If you are not the intended recipient, please notify the
sender and delete the email. *Note to PCC staff*: Forwarding this email
may waive the attorney-client privilege.

---------- Forwarded message ----------
From: Silvyn, Jeff <jsilvyn@pima.edu>
Date: Tue, Jun 28, 2016 at 11:14 AM
Subject:
To: Yael Grauer <yael.grauer@gmail.com>

Dear Ms. Grauer:

This correspondence along with the attached records addresses your June 14,
2016 request for records. For ease of reference, each specific request is
repeated below along with the corresponding response. As you will see, we
are able to fully address most of your requests at this time, but we are
continuing to search for records that might be responsive to the first two
requests.

1. Any and all complaints filed against Pima Community College police
officer David Gittings from August 1, 2015 to June 14, 2016, including the
review of allegations, fact-finding documents, and resolutions for each of
the complaints, any additional documents describing allegations where the
behavior was found to be in violation of College policy and procedure, even
if it was deemed not rise to the level of sexual harassment/hostile
environment under federal law but was found to represent behavior that is
in breach of College policy and procedure.

The College is continuing to search for records that might
be responsive to this specific request.

2. Performance review documents for David Gittings from August 1st, 2015 to
June 14, 2016, including any corrective action plans within those dates.

Please see response to request number 1.

3. Process notes for the previous requests that I filed, including
communication between yourself and Officer Gittings’ attorney, who Rachelle
Howell told me had lobbied to withhold the release of documents related to
this request.

The College does not have “process notes” related to your
prior request. Accompanying this response please find copies of the email
correspondence with Neil Landeen, the attorney who represented Officer
Gittings concerning your prior records request in 2015. As you will see,
aside from the excerpt from the College’s personnel policy statement, each
of the documents discussed with Mr. Landeen was included in the records
previously provided to you.

4. The job titles of Mike Godovchik and Greg Reddoch, if they were in fact
ever employed by Pima Community College, their years of employment, and
whether or not they had a working relationship with Mr. Gittings or would
have come in contact with him while working for PCC.

Michael Godovchik has not been employed by the College.
Greg Reddoch has been employed by the College since 2006 as a
Trades/Maintenance Specialist. Whether Mr. Reddoch and Officer Gittings
have a working relationship or contact at work is not information available
through a record.

1. An index of any records or categories withheld from this request,
and the reasons for each exemption.

No records have been withheld from this response to the request.

2. An index of records or categories withheld from my previous
requests, and the reasons for each exemption.

No records were withheld from the response to your prior requests. As
explained in the prior responses, certain personally identifiable
information, such as student names and personal phone numbers, was redacted.

3. Any and all complaints you neglected to include, including one
from Ebony Smith, and complaints from two additional individuals.

No complaints were withheld from the prior response. The prior response
included a January 4, 2013 memorandum from Acting Commander Nieuwenhuis to
Commander Amado describing concerns expressed by Ebony Smith about Officer
Gittings.

4. Any additional documents describing allegations where the behavior
was found to be in violation of College policy and procedure, even if it
was deemed not rise to the level of sexual harassment/hostile environment
under federal law but was found to represent behavior that is in breach of
College policy and procedure.

The College has not found additional records responsive to this request.

5. Any corrective action plans you failed to include as part of my previous
request.

The College has not found additional records responsive to this request.

Once the College completes its search for records, we will provide a
further response. If you have any difficulty accessing the attachment or
other questions or concerns in the meantime, please do not hesitate to
contact me.

*Jeff Silvyn*
General Counsel
Pima Community College
4905C E. Broadway Blvd.
Tucson, AZ 85709
Ph: 520-206-4678
Fax: 520-206-4990

*Confidentiality Notice*: This email may contain confidential
attorney-client information and, if so, should not be disclosed or shared
unless necessary. If you are not the intended recipient, please notify the
sender and delete the email. *Note to PCC staff*: Forwarding this email
may waive the attorney-client privilege.

From: Yael Grauer

Thank you for the emails. However, I noticed the images that you forwarded indicated that PDFs were included in the emails, but the PDFs were not attached. Please attach the PDFs.

Can you also provide me with a written estimate for when the records responsive to my first two specific requests will be available?

Regarding process notes, it appears there is some information missing, or else how would Mr. Landeen be aware of the requests made? Please send the email chain that alerted him to the records requests.

I'm also skeptical that there were no associated documents or complaints related to the January 4, 2013 memorandum from Acting Commander Nieuwenhuis to Commander Amado describing concerns expressed by Ebony Smith about Officer Gittings. Please double-check your records.

---
Dear Ms. Grauer:

This correspondence along with the attached records addresses your June 14, 2016 request for records. For ease of reference, each specific request is repeated below along with the corresponding response. As you will see, we are able to fully address most of your requests at this time, but we are continuing to search for records that might be responsive to the first two requests.
1. Any and all complaints filed against Pima Community College police officer David Gittings from August 1, 2015 to June 14, 2016, including the review of allegations, fact-finding documents, and resolutions for each of the complaints, any additional documents describing allegations where the behavior was found to be in violation of College policy and procedure, even if it was deemed not rise to the level of sexual harassment/hostile environment under federal law but was found to represent behavior that is in breach of College policy and procedure.

The College is continuing to search for records that might be responsive to this specific request.

2. Performance review documents for David Gittings from August 1st, 2015 to June 14, 2016, including any corrective action plans within those dates.

Please see response to request number 1.

3. Process notes for the previous requests that I filed, including communication between yourself and Officer Gittings’ attorney, who Rachelle Howell told me had lobbied to withhold the release of documents related to this request.

The College does not have “process notes” related to your prior request. Accompanying this response please find copies of the email correspondence with Neil Landeen, the attorney who represented Officer Gittings concerning your prior records request in 2015. As you will see, aside from the excerpt from the College’s personnel policy statement, each of the documents discussed with Mr. Landeen was included in the records previously provided to you.

4. The job titles of Mike Godovchik and Greg Reddoch, if they were in fact ever employed by Pima Community College, their years of employment, and whether or not they had a working relationship with Mr. Gittings or would have come in contact with him while working for PCC.

Michael Godovchik has not been employed by the College. Greg Reddoch has been employed by the College since 2006 as a Trades/Maintenance Specialist. Whether Mr. Reddoch and Officer Gittings have a working relationship or contact at work is not information available through a record.

1. An index of any records or categories withheld from this request, and the reasons for each exemption.

No records have been withheld from this response to the request.

2. An index of records or categories withheld from my previous requests, and the reasons for each exemption.

No records were withheld from the response to your prior requests. As explained in the prior responses, certain personally identifiable information, such as student names and personal phone numbers, was redacted.

3. Any and all complaints you neglected to include, including one from Ebony Smith, and complaints from two additional individuals.

No complaints were withheld from the prior response. The prior response included a January 4, 2013 memorandum from Acting Commander Nieuwenhuis to Commander Amado describing concerns expressed by Ebony Smith about Officer Gittings.

4. Any additional documents describing allegations where the behavior was found to be in violation of College policy and procedure, even if it was deemed not rise to the level of sexual harassment/hostile environment under federal law but was found to represent behavior that is in breach of College policy and procedure.

The College has not found additional records responsive to this request.

5. Any corrective action plans you failed to include as part of my previous request.

The College has not found additional records responsive to this request.


Once the College completes its search for records, we will provide a further response. If you have any difficulty accessing the attachment or other questions or concerns in the meantime, please do not hesitate to contact me.

Jeff Silvyn
General Counsel
Pima Community College
4905C E. Broadway Blvd.
Tucson, AZ 85709
Ph: 520-206-4678
Fax: 520-206-4990

Confidentiality Notice: This email may contain confidential attorney-client information and, if so, should not be disclosed or shared unless necessary. If you are not the intended recipient, please notify the sender and delete the email. Note to PCC staff: Forwarding this email may waive the attorney-client privilege.

College records 2

1 message

Silvyn, Jeffrey <jsilvyn@pima.edu> Thu, Apr 23, 2015 at 11:24 AM

To: landeen@ypllaw.com

Here is the record of the complaint made by the individual now requesting records.

Jeff Silvyn

General Counsel

Pima Community College

4905C E. Broadway Blvd.

Tucson, AZ 85709

Ph: 520­206­4678

Fax: 520­206­4990

Confidentiality Notice: This email may contain confidential attorney­client information and, if so, should not be

disclosed or shared unless necessary. If you are not the intended recipient, please notify the sender and delete the

email. Note to PCC staff: Forwarding this email may waive the attorney­client privilege.

Grauer email re Gittings 7­21­2006.pdf

1873K

Silvyn, Jeffrey <jsilvyn@pima.edu> Thu, Apr 23, 2015 at 11:25 AM

To: landeen@ypllaw.com

Here are two records David Gittings thinks should have been removed from his file.

Jeff Silvyn

General Counsel

Pima Community College

4905C E. Broadway Blvd.

Tucson, AZ 85709

Ph: 520­206­4678

Fax: 520­206­4990

Confidentiality Notice: This email may contain confidential attorney­client information and, if so, should not be

disclosed or shared unless necessary. If you are not the intended recipient, please notify the sender and delete the

email. Note to PCC staff: Forwarding this email may waive the attorney­client privilege.

2 attachments

Sim report re Gittings 5­24­2006.pdf

3612K

Student complaint re Gittings 12­10­2007.pdf

1516K

College records

1 message

Silvyn, Jeffrey <jsilvyn@pima.edu> Thu, Apr 23, 2015 at 11:23 AM

To: landeen@ypllaw.com

Dear Neil, attached please find the records I mentioned in our phone call.

This one contains a reference that David Gittings thought should be

redacted as medical information.

Jeff Silvyn

General Counsel

Pima Community College

4905C E. Broadway Blvd.

Tucson, AZ 85709

Ph: 520­206­4678

Fax: 520­206­4990

Confidentiality Notice: This email may contain confidential attorney­client information and, if so, should not be

disclosed or shared unless necessary. If you are not the intended recipient, please notify the sender and delete the

email. Note to PCC staff: Forwarding this email may waive the attorney­client privilege.

Memo 3­8­2013 re Gittings.pdf

2735K

Silvyn, Jeffrey <jsilvyn@pima.edu> Thu, Apr 23, 2015 at 11:19 AM

To: landeen@ypllaw.com

Dear Neil, attached please find the records I mentioned in our phone call. The first contains a reference that David

Gittings thought should be redacted as medical information. The next documents are complaints Officer Gittings

thought should have been removed from his file. One you have reviewed the records, I would be glad to discuss them

further.

Jeff Silvyn

General Counsel

Pima Community College

4905C E. Broadway Blvd.

Tucson, AZ 85709

Ph: 520­206­4678

Fax: 520­206­4990

Confidentiality Notice: This email may contain confidential attorney­client information and, if so, should not be

disclosed or shared unless necessary. If you are not the intended recipient, please notify the sender and delete the

email. Note to PCC staff: Forwarding this email may waive the attorney­client privilege.

4 attachments

Memo 3­8­2013 re Gittings.pdf

2735K

Sim report re Gittings 5­24­2006.pdf

3612K

Grauer email re Gittings 7­21­2006.pdf

1873K

Student complaint re Gittings 12­10­2007.pdf

1516K

1 message

Silvyn, Jeffrey <jsilvyn@pima.edu> Mon, Apr 27, 2015 at 5:28 PM

To: Neil Landeen <landeen@ypllaw.com>

Attached please find the pages from the College Personnel Policy Statement that include the provisions about the

potential for removal of corrective and disciplinary action notices from a personnel file. I do not believe these provisions

apply to an underlying complaint document. Once you have had a chance to review, please let me know if you have any

follow up questions or concerns we should address.

Jeff Silvyn

General Counsel

Pima Community College

4905C E. Broadway Blvd.

Tucson, AZ 85709

Ph: 520­206­4678

Fax: 520­206­4990

Confidentiality Notice: This email may contain confidential attorney­client information and, if so, should not be

disclosed or shared unless necessary. If you are not the intended recipient, please notify the sender and delete the

email. Note to PCC staff: Forwarding this email may waive the attorney­client privilege.

Personnel policy excerpt.pdf

3744K

Re: Pima College

1 message

Silvyn, Jeffrey <jsilvyn@pima.edu> Wed, Apr 29, 2015 at 11:53 AM

To: Neil Landeen <Landeen@ypllaw.com>

Yes, that's fine. He can schedule a time with Angie Wesson, my administrative assistant.

Jeff Silvyn

General Counsel

Pima Community College

4905C E. Broadway Blvd.

Tucson, AZ 85709

Ph: 520­206­4678

Fax: 520­206­4990

Confidentiality Notice: This email may contain confidential attorney­client information and, if so, should not be

disclosed or shared unless necessary. If you are not the intended recipient, please notify the sender and delete the

email. Note to PCC staff: Forwarding this email may waive the attorney­client privilege.

On Wed, Apr 29, 2015 at 11:28 AM, Neil Landeen <Landeen@ypllaw.com> wrote:

Hi Jeff, Officer Giħngs would like to meet with you at your convenience to review the other records to confirm that

he has no objecĕons release (not the 4 records consĕtuĕng 9 pages that you sent me). Let me know if that’s ok,

thanks. ‐Neil

From: Silvyn, Jeffrey [mailto:jsilvyn@pima.edu]

Sent: Monday, April 27, 2015 5:28 PM

To: Neil Landeen

Subject: Pima College

Attached please find the pages from the College Personnel Policy Statement that include the provisions about the

potential for removal of corrective and disciplinary action notices from a personnel file. I do not believe these

provisions apply to an underlying complaint document. Once you have had a chance to review, please let me know if

you have any follow up questions or concerns we should address.

Jeff Silvyn

General Counsel

Pima Community College

4905C E. Broadway Blvd.

Tucson, AZ 85709

Ph: 520­206­4678

Fax: 520­206­4990

Confidentiality Notice: This email may contain confidential attorney­client information and, if so, should not be disclosed or shared unless necessary. If you are not the intended recipient, please notify the sender and delete the email. Note to PCC staff: Forwarding this email may waive the attorney­ client privilege.

From: Silvyn, Jeff

The PDF attachments should be accessible by clicking on the icon at the
bottom of each email, but in case not, they are attached.

I hope to have the complete results of the records search by the end of
next week.

There are no records related to how Mr. Landeen became aware of the records
request. In accordance with its regular practice, the College advises
employees whose records are the subject of a records request. This was
done with Officer Gittings. We assume, therefore, that he contacted Mr.
Landeen.

There are no other records related to a complaint by Ebony Smith. The
College searched for and produced the available records in response to your
prior request.

*Jeff Silvyn*
General Counsel
Pima Community College
4905C E. Broadway Blvd.
Tucson, AZ 85709
Ph: 520-206-4678
Fax: 520-206-4990

*Confidentiality Notice*: This email may contain confidential
attorney-client information and, if so, should not be disclosed or shared
unless necessary. If you are not the intended recipient, please notify the
sender and delete the email. *Note to PCC staff*: Forwarding this email
may waive the attorney-client privilege.

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