Fresno State - Edward Said Emails

Russel Neiss filed this request with the California State University, Fresno of California.
Tracking # PRA 17-47
Est. Completion July 14, 2017
Status
Fix Required

Communications

From: Russel Neiss

To Whom It May Concern:

Pursuant to the California Public Records Act (California Government Code §§ 6250), I hereby request the following records:

Copies of any email communication with lynnette@csufresno.edu, josephcastro@csufresno.edu, phooshmandrad@csufresno.edu, or sjimenez@csufresno.edu from November 28, 2016 - May 29, 2017 containing the words "Edward Said"

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, 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 response to this request within 10 calendar days, as the statute requires.

Sincerely,

Russel Neiss

From: Esther Gonzalez

Dear Mr. Neiss,

I am responding to your requests for documents pertaining to the Edward
Said Professorship search at California State University, Fresno.

Under California Government Code section 6253, we are conducting a
reasonable search for these records, and will make available to you any
that are subject to public disclosure (see Cal. Govt. Code sections 6254
and 6255). We will let you know when we have located the records and at
that point advise you as to which records are subject to disclosure and
grounds for any that are not.

It will be necessary to redact from otherwise disclosable records any
personal and otherwise privileged information before they can be made
available to you.

Disclosure of personal information about people not hired would constitute
an unwarranted invasion of personal privacy, which is not outweighed by the
public’s right to know. Cal. Gov. Code § 6254(c) exempts personnel,
medical or similar records, where disclosure would constitute an
unwarranted invasion of privacy. These records are also subject to the
deliberative process privilege, that protects decision-making processes.
Cal. Gov. Code § 6255, the balancing test exemption, permits withholding a
record if the public interest in nondisclosure outweighs that served by
disclosure in order to protect the deliberative process. Wilson v.
Superior Court (1997) 51 Cal.App.4th 1136; see also, California First
Amendment Coalition v. Superior Court (1998) 67 Cal.App.4th 159.

I apologize for the delay in my initial response. We have received very
similar requests and I was under the impression I had replied to your
email. I expect to have an update for you on or about July 14, 2017.

If you have any questions, I can be reached via email or by phone at
559.278.7461.

Sincerely,

Esther
Esther Gonzalez
Office of the Vice President for Administration
California State University, Fresno
5200 N. Barton, ML 52
Fresno, CA 93740
Phone: 559.278.7461 <(559)%20278-7461>

From: Esther Gonzalez

Dear Mr. Neiss,

We continue to work on your request and expect to have reviewed the first
batch of documents by the end of next week. Thank you for your patience as
this process has taken a little longer than anticipated given summer
schedules and the fact that some of the individual(s) we are working with
to gather responsive documents are off contract during the summer.

Again, thank you and I will do my best to provide updates in a more timely
manner.

Sincerely,

Esther
Esther Gonzalez
Office of the Vice President for Administration
California State University, Fresno
5200 N. Barton, ML 52
Fresno, CA 93740
Phone: 559.278.7461 <(559)%20278-7461>

From: Esther Gonzalez

Dear Mr. Neiss,

We continue to work on your request. I apologize for the delay and hope to
have an update/page count for you by the end of this week.

Thank you.

Esther
Esther Gonzalez
Office of the Vice President for Administration
California State University, Fresno
5200 N. Barton, ML 52
Fresno, CA 93740
Phone: 559.278.7461 <(559)%20278-7461>

From: Esther Gonzalez

Dear Mr. Neiss:

This is follow up communication to your request for documents pertaining to
the Edward Said Professorship search.

We have identified records responsive to your request. As stated
previously, some of the records responsive to your request may be exempt
from disclosure under Government Code sections 6254 (c) and (k) and 6255
and will not be produced. Your request for all communication encompasses
some personal contact information that would constitute an invasion of
personal privacy. Cal Govt. Code § 6254(c). In addition, your request calls
for the production of documents that are protected by the attorney-client
privilege. Cal. Govt. Code § 6254(k). These documents will not be produced.

CSU likewise will not produce records where the public interest served by
not disclosing the records clearly outweighs the public interest served by
disclosure. Cal. Govt. Code § 6255. The disclosure of email communication
that includes applicant names or identifiable information may require some
redaction to preserve their privacy. This redaction is limited to specific
names and information that could be used to identify the individuals.

With respect to nonexempt records, these total 407 pages. The CSU standard
duplication rate is 20 cents per page, irrespective of whether they are
produced in hard copy or electronic format. In this instance, due to the
duplicate requests received and without waiving this right, the rate will
be 10 cents page. The total cost for these documents is $40.70. If
interested in the records, please make the check payable to California
State University, Fresno.

Now that the semester is back in session, we will continue our search for
additional documents and will let you know when we have located the records
and the number of pages upon which any charge will be based.

Thank you for your patience. If you have any questions, I can be reached
via email or by phone at 559.278.7461 <(559)%20278-7461>.

Sincerely,

Esther
Esther Gonzalez
Office of the Vice President for Administration
California State University, Fresno
5200 N. Barton, ML 52
Fresno, CA 93740
Phone: 559.278.7461 <(559)%20278-7461>

From: Russel Neiss

Esther,

Thanks so much.

One quick question. It's my understanding that Cal. Gov’t Code § 6253(b) only allows you to charge for the "direct cost" of duplicating records. Given as you indicate these records are duplicate requests and presumably already assembled can you help me understand how you've calculated the $40.70.

Again, thanks so much for your attention and work on this request.

Best,
Russel

From: Esther Gonzalez

Hello Mr. Neiss,

The records have been collected. However, copies have not been made or
released. As mentioned in the email, the standard duplication charge is 20
cents per page. This cost is for making copies, not for the work of
collecting or assembling the records.

We have a few individuals interested in these documents and anticipate PDF
copies will be the preferred format. We reduced the cost of duplication to
10 cents per page in an effort to distribute the duplication costs as
fairly as possible amongst individuals currently requesting/waiting for
these records.

I would be happy to discuss our thought process over the phone if
interested and can be reached at 559.278.7461.

Thank you,

Esther
Esther Gonzalez
Office of the Vice President for Administration
California State University, Fresno
5200 N. Barton, ML 52
Fresno, CA 93740
Phone: 559.278.7461 <(559)%20278-7461>

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