Andrew Gutierrez Emails

Dear Mr. Neidenbach:

This is to acknowledge and respond to your California Public Records Act
(CPRA) request below.

The University objects to your extremely broad requests asking for "all
emails to and from Andrew Gutierrez between January 1, 2014 and September
30, 2015" because, among other things, the request encompasses thousands of
documents. Many types of confidential information can exist in university
records. For example, your blanket requests for these records may include
discussion of personnel or student matters exempt from disclosure under
Government Code section 6254(c), the Information Practices Act, and/or
other privacy laws; sensitive discussions protected by the deliberative
process privilege (and recognized as exempt from disclosure under the
“catchall” exemption of Government Code section 6255) and/or the “official
information” privilege under Evidence Code section 1140; and communications
seeking or receiving legal advice protected by the attorney-client
privilege and/or attorney work product doctrine (and therefore exempt under
Government Code section 6254(k)). The documents may also contain trade
secrets, which are exempt from disclosure under the California Public Records
Act (Evidence Code Section 1060, incorporated into Government Code Section
6254(k)).

As such, a blanket request for *all *records without regard to subject
would likely require substantial redaction, the burden of which would
outweigh any possible public interest in disclosing the records. See
Government Code section 6255; *ACLU v. Deukmeijian*, 32 Cal. 3d 440, 453-54
(release not required where, under Section 6255, burden of segregating
exempt from nonexempt information would outweigh any possible utility of
disclosure).

The University regularly responds to focused and effective requests that
reasonably describe identifiable records relating to the conduct of the
public’s business. Government Code section 6252(e), 6253.1(a).

Should you wish to submit a more focused request, please contact us at
pra@berkeley.edu.
Regards,

Liane Ko

Public Records Coordinator

******************************************
University of California, Berkeley
Public Records Office
200 California Hall, MC #1500
Berkeley, CA 94720-1500
Phone: (510) 664-4615

Dear Mr. Neidenbach:

This is to acknowledge your California Public Records Act (CPRA) request
below. Your request has been forwarded to appropriate campus offices and a
search for responsive documents is currently underway. Records identified
as responsive to your request will be reviewed, and made available for your
access, in accordance with relevant law and University policy.

Please note that there is no central repository for all University records.
The identification and collection of potentially responsive records is only
the first step in the CPRA response process. The collected records must be
reviewed by this office to ensure that they are in fact responsive to your
request and to assess whether any legal privileges or exemptions from
disclosure are applicable and whether redactions may be required to protect
individuals’ rights to privacy. Please also bear in mind that we are
concurrently fulfilling numerous other requests, many of which were
received before yours and that we generally process requests in the order
in which they are received. The current timeframe for fulfillment of most
requests is 8 weeks, although this may vary due to the nature and
complexity of the request.

Although the requested records have not yet been fully identified, based on
the terms of the request, we have made a preliminary determination that the
request likely does seek disclosable records within the possession of the
University. This office will provide you with a status update after the
requested records have been thoroughly reviewed.

Please note that CPRA allows agencies to make records available “upon
payment of fees covering direct costs of duplication.” Government Code
section 6253(b). The University reserves its right to recoup duplication
costs. The charge is $0.20 per page for copies, and payment is required
before release of the records. Once we obtain an accurate page count, we
will inform you of the anticipated total cost.

Regards,

Liane Ko
Public Records Coordinator

************************************
Public Records Office
University of California, Berkeley

---------- Forwarded message ----------
From:
​​
<requests@muckrock.com>
Date: Mon, Jan 25, 2016 at 3:04 PM
Subject: RE: California Public Records Act Request: Andrew Gutierrez Emails
To: pra@berkeley.edu

January 25, 2016
University of California, Berkeley
Public Records Coordinator
University of California, Berkeley
Office of Ethics, Risk and Compliance Services
200 California Hall, MC #1500
Berkeley, CA 94720-1500

This is a follow up to a previous request:

Emails from 2014 and 2015 containing any of the following; "stonyfield",
"unfi","naturespath","ccof","whitewave","wholefoods","organicvalley","horizondairy",
or "bronners".

Thank you.
---

Dear Mr. Neidenbach:

This is a further response to your California Public Records Act (CPRA)
request regarding Professor Andrew Gutierrez emails. The University has
determined that it has no public records that are responsive to your
request.
Regards,

Liane Ko
Public Records Coordinator

************************************
Public Records Office
University of California, Berkeley