Michigan Freedom of Information Act. Request: Michigan Freedom of Information Act. Request: Pepsi and Coke (Lansing Community College)

Good morning,

Please see the attached in response to your recent FOIA request.

Kindest regards,

LaTonya Terry
Lansing Community College
Administrative Assistant to the Directors of Risk Management & Legal Services and Compliance
309 N. Washington Square, Suite 150
Lansing, MI 48933
Office: 517.483.5298
Fax: 517.483.1384

CONFIDENTIALITY NOTICE: This email communication may contain private, confidential, or legally privileged information intended for the sole use of the designated and/or duly authorized recipient(s). If you are not the intended recipient or have received this email in error, please notify the sender immediately by email and permanently delete all copies of this email including all attachments without reading them. If you are the intended recipient, secure the contents in a manner that conforms to all applicable state and/or federal requirements related to privacy and confidentiality of such information.

Good morning -

A diligent search of the records of the College did not reveal any documents matching your request for copies of contracts between the College and Pepsi or Coca Cola or any subdivision thereof. More specifically, under the Michigan Freedom of Information Act (FOIA) you requested:
"A copy of any and all contracts (including associated amendments and exhibits) awarded to Pepsi, Coca-Cola, or any subdivision thereof, for the provision of beverages or other goods in any facilities under the purview of this organization, including all activities and buildings associated with athletics, sports, dining services, or otherwise. If this agency does not have a contract with either of the named companies, please provide the equivalent agreement with the currently employed company.
- If the contract(s) was cancelled, any and all materials related to its cancellation.
- If the contract was cancelled, the statement from the university about cancellation."

Pursuant to Section 5 (5) (b) of FOIA
"(5) A written notice denying a request for a public record in whole or in part is a public body's final determination to deny the request or portion of that request. The written notice must contain:
(a) An explanation of the basis under this act or other statute for the determination that the public record, or portion of that public record, is exempt from disclosure, if that is the reason for denying all or a portion of the request.
(b) A certificate that the public record does not exist under the name given by the requester or by another name reasonably known to the public body, if that is the reason for denying the request or a portion of the request.

The document you requested does not exist. Your request is, consequently denied on the basis of Section 5 (5) (a) and Section 5 (5) (b) of FOIA.

Your Rights Under FOIA:
We are including below a full explanation of your rights, as provided in Section 5 and other provisions of FOIA:
* You have the right to submit to the LCC Board of Trustees a written appeal that specifically states the word "Appeal" and identifies the reason or reasons that you assert in support of reversal of the non-disclosure decision.
* You have a right to seek judicial review of the non-disclosure under Section 10 of FOIA.
* You have the right to receive attorney's fees and damages as provided in Section 10 of FOIA, if, after judicial review, the circuit court determines that the College has not complied with Section 5 of FOIA, and the court orders disclosure of all or a portion of the public records that have not been disclosed.
A copy of the current Michigan FOIA is at: http://www.legislature.mi.gov/(S(3rwntuchaw2jcpvkau3ybexn))/mileg.aspx?page=GetObject&objectname=mcl-Act-442-of-1976
A copy of the College's procedures relative to FOIA is at: http://www.lcc.edu/resources/foia

Thank you.

J.R. Beauboeuf
Director of Risk Management & Legal Services
Lansing Community College
517-483-1730 (office)
517-582-5015 (cell)

CONFIDENTIALITY NOTICE: This email communication may contain private, confidential, or legally privileged information intended for the sole use of the designated and/or duly authorized recipient(s). If you are not the intended recipient or have received this email in error, please notify the sender immediately by email and permanently delete all copies of this email including all attachments without reading them. If you are the intended recipient, secure the contents in a manner that conforms to all applicable state and/or federal requirements related to privacy and confidentiality of such information.

Good morning -

A diligent search of the records of the College did not reveal any documents matching your request for copies of contracts between the College and Pepsi or Coca Cola or any subdivision thereof. More specifically, under the Michigan Freedom of Information Act (FOIA) you requested:
"A copy of any and all contracts (including associated amendments and exhibits) awarded to Pepsi, Coca-Cola, or any subdivision thereof, for the provision of beverages or other goods in any facilities under the purview of this organization, including all activities and buildings associated with athletics, sports, dining services, or otherwise. If this agency does not have a contract with either of the named companies, please provide the equivalent agreement with the currently employed company.
- If the contract(s) was cancelled, any and all materials related to its cancellation.
- If the contract was cancelled, the statement from the university about cancellation."

Pursuant to Section 5 (5) (b) of FOIA
"(5) A written notice denying a request for a public record in whole or in part is a public body's final determination to deny the request or portion of that request. The written notice must contain:
(a) An explanation of the basis under this act or other statute for the determination that the public record, or portion of that public record, is exempt from disclosure, if that is the reason for denying all or a portion of the request.
(b) A certificate that the public record does not exist under the name given by the requester or by another name reasonably known to the public body, if that is the reason for denying the request or a portion of the request.

The document you requested does not exist. Your request is, consequently denied on the basis of Section 5 (5) (a) and Section 5 (5) (b) of FOIA.

Your Rights Under FOIA:
We are including below a full explanation of your rights, as provided in Section 5 and other provisions of FOIA:
* You have the right to submit to the LCC Board of Trustees a written appeal that specifically states the word "Appeal" and identifies the reason or reasons that you assert in support of reversal of the non-disclosure decision.
* You have a right to seek judicial review of the non-disclosure under Section 10 of FOIA.
* You have the right to receive attorney's fees and damages as provided in Section 10 of FOIA, if, after judicial review, the circuit court determines that the College has not complied with Section 5 of FOIA, and the court orders disclosure of all or a portion of the public records that have not been disclosed.
A copy of the current Michigan FOIA is at: http://www.legislature.mi.gov/(S(3rwntuchaw2jcpvkau3ybexn))/mileg.aspx?page=GetObject&objectname=mcl-Act-442-of-1976
A copy of the College's procedures relative to FOIA is at: http://www.lcc.edu/resources/foia

Thank you.

J.R. Beauboeuf
Director of Risk Management & Legal Services
Lansing Community College
517-483-1730 (office)
517-582-5015 (cell)

CONFIDENTIALITY NOTICE: This email communication may contain private, confidential, or legally privileged information intended for the sole use of the designated and/or duly authorized recipient(s). If you are not the intended recipient or have received this email in error, please notify the sender immediately by email and permanently delete all copies of this email including all attachments without reading them. If you are the intended recipient, secure the contents in a manner that conforms to all applicable state and/or federal requirements related to privacy and confidentiality of such information.