Anti-BDS Divesment Activities - CO

Russel Neiss filed this request with the Colorado Public Employees' Retirement Association of Colorado.
Status
Completed

Communications

From: Russel Neiss


To Whom It May Concern:

Pursuant to the Colorado Public Records Law, I hereby request the following records:

1. Any contracts or invoices made or paid between the Public Employees' Retirement Association and any independent research firm or organization to identify companies that have economic prohibitions against Israel (From 7/1/2017 - 6/31/2018).

2. A copy of the latest list provided to PERA from MCSI used to identify companies that have economic prohibitions against Israel.

3. Records of any correspondence between the Public Employees' Retirement Association and other institutional investors that have divested from or engaged with companies that have economic prohibitions against Israel (From 7/1/2017 - 6/31/2018).

4. Records of any correspondence between the Public Employees' Retirement Association and contracted asset managers that invest in companies that have economic prohibitions against Israel (From 1/1/2018 - 7/1/2018).

5. Any communication between the Public Employees' Retirement Association and any non-profit organizations regarding companies that have economic prohibitions against Israel (From 1/1/2018 - 7/1/2018). This should include, but not be limited to, communications between the Israel-American Coalition for Action and PERA.

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 3 business days, as the statute requires.

Sincerely,

Russel Neiss

From: Colorado Public Employees' Retirement Association

Mr. Neiss,

Your request was forwarded to me for response. The information you request exists in a large volume of records that PERA staff must search and we cannot prepare or gather the records within three days without substantially interfering with the staff members’ obligation to perform their duties for PERA. Because this involves the search of a large number of records and a considerable effort by our staff to gather the information, PERA will require the additional seven working days pursuant to C.R.S. § 24-72-203(3)(b) to respond to your request.

Regards,
?????
Jennifer Schreck | Senior Staff Attorney

Colorado Public Employees' Retirement Association | 1301 Pennsylvania Street, Denver, CO 80203
303-863-3774 (direct) | 303-863-3815 (fax)
jschreck@copera.org<mailto:jschreck@copera.org> | www.copera.org<http://www.copera.org/>

[cid:image001.jpg@01D19188.91B43060]<http://www.copera.org/>

One of Colorado’s Best Investments.

From: Colorado Public Employees' Retirement Association

Mr. Neiss,

This email is in response to your request copied below. Each request is addressed separately.

1. Any contracts or invoices made or paid between the Public Employees' Retirement Association and any independent research firm or organization to identify companies that have economic prohibitions against Israel (From 7/1/2017 - 6/31/2018).

The MSCI (formerly ISS) and PERA license agreement is attached. I have redacted the negotiated fee as it is required to be kept confidential under the Colorado Open Records Act which states that records custodians are prohibited from disclosing trade secret, confidential commercial data and work product information pursuant to C.R.S. § 24-72-204(3)(a)(IV).

2. A copy of the latest list provided to PERA from MCSI used to identify companies that have economic prohibitions against Israel.

As you can see in the MSCI license agreement, PERA is prohibited from sharing the reports provided by MSCI (See paragraph 1 of the MSA and paragraph 5 of the Additional Terms and Conditions). Further, the report is required to be kept confidential under the Colorado Open Records Act which states that records custodians are prohibited from disclosing trade secret, confidential commercial data and work product information pursuant to C.R.S. § 24-72-204(3)(a)(IV).

3. Records of any correspondence between the Public Employees' Retirement Association and other institutional investors that have divested from or engaged with companies that have economic prohibitions against Israel (From 7/1/2017 - 6/31/2018).

Because of the size of the files, the emails responsive to this request will be sent via Proofpoint in a separate email along with the emails responsive in #5 below.

4. Records of any correspondence between the Public Employees' Retirement Association and contracted asset managers that invest in companies that have economic prohibitions against Israel (From 1/1/2018 - 7/1/2018).

The correspondence between PERA and its asset managers regarding economic prohibitions against Israel is attached. We have included a template of the email language we sent to the asset managers on April 4, 2018 the Manager that received this correspondence are in another Word document.

5. Any communication between the Public Employees' Retirement Association and any non-profit organizations regarding companies that have economic prohibitions against Israel (From 1/1/2018 - 7/1/2018). This should include, but not be limited to, communications between the Israel-American Coalition for Action and PERA.

Because of the size of the files, the emails responsive to this request will be sent via Proofpoint in a separate email along with the emails responsive in #3 above.
Regards, ?????

Jennifer Schreck | Senior Staff Attorney

Colorado Public Employees' Retirement Association | 1301 Pennsylvania Street, Denver, CO 80203
303-863-3774 (direct) | 303-863-3815 (fax)
jschreck@copera.org<mailto:jschreck@copera.org> | www.copera.org<http://www.copera.org/>

[cid:image001.jpg@01D19188.91B43060]<http://www.copera.org/>

One of Colorado’s Best Investments.

From:

Jennifer Schreck has invited you to a new Secure Share

13 FILE SHARED
19.4 MB TOTAL
90 DAYS UNTIL EXPIRATION

Message from Jennifer Schreck:
I sent you an email earlier responding to your records request and I indicated that I would send the correspondence along in another email. There are two of these emails. Please let me know if you have trouble accessing the files.

Shared Files:

Colorado Revised Statutes 24-54-8 201 et seq .msg Companies in violation of C R S § 24-54 8-203.msg
Email re Danske Bank and Other Companies.msg FW Israeli Boycott Legislation.msg
FW Request for Removal from the Arizona Restricted Companies Lists (PERS_KH-BORDENC).msg FW Vitens Certification.msg
Israeli Boycott Legislation.msg PERA Meeting and Restricted Company List Update.msg
RE Anti-BDS List (5).msg RE Anti-BDS List (6).msg
RE Anti-BDS List (7).msg RE Anti-BDS List (8).msg
RE Anti-BDS List.msg

Go to Secure Share

https://secureshare.proofpoint.com/share/Main?shareId=61f437c7-b37e-46fb-9b6d-e0ba7caaf7e5

From:

Jennifer Schreck has invited you to a new Secure Share

13 FILE SHARED
4.8 MB TOTAL
90 DAYS UNTIL EXPIRATION

Message from Jennifer Schreck:
I sent you an email earlier responding to your records request and I indicated that I would send the correspondence along in another email. There are two of these emails. Please let me know if you have trouble accessing the files.

Shared Files:

Re Colorado Revised Statutes 24-54-8 201 et seq (1).msg RE Colorado Revised Statutes 24-54-8 201 et seq .msg
RE Companies in violation of C R S § 24-54 8-203 (10).msg RE Companies in violation of C R S § 24-54 8-203.msg
RE Danske Bank and Other Companies (9).msg RE Danske Bank and Other Companies.msg
RE Israeli Boycott Legislation.msg RE PERA Meeting and Restricted Company List Update (2).msg
RE PERA Meeting and Restricted Company List Update (3).msg RE PERA Meeting and Restricted Company List Update (4).msg
RE PERA Meeting and Restricted Company List Update.msg RE Records Request for PERA Investment Portfolio 2.msg
RE Records Request for PERA Investment Portfolio.msg

Go to Secure Share

https://secureshare.proofpoint.com/share/Main?shareId=cd3b9c9d-5b28-4584-895c-9e4c1fa855ba

From: Russel Neiss

Dear Ms. Schreck,

Thank you so much for your help on fulfilling the request. I have not yet received the followup email via Proofpoint regarding the documents requested in 3 & 5 as promised. Are these still pending, or have they already been sent?

Again, thank you so much.

Best,
Russel Neiss

From: Colorado Public Employees' Retirement Association

I sent them yesterday, but perhaps the email address you are using through Muckrock doesn’t accept such an email – you have to sign in to Proofpoint and download the documents. I can try again, or you can give me an alternative email address to use.

Jennifer

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