Chartwells Contracts and Emails
| Submitted | March 26, 2020 |
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Communications
From: Taylor Avery
To Whom It May Concern:
Pursuant to the Nevada Public Records Act, I hereby request the following records:
Any existing contracts between the Nevada System of Higher Education and Chartwells Higher Education and/or through its parent company, Compass Group USA., Inc., from Jan. 2019 to present.
Any emails between NSHE employees (with email addresses ending in @nevada.unr.edu, @unr.edu, or @nshe.nevada.edu) and anyone with an email address ending with @compass-usa.com between the dates of June 31, 2019 and September 30, 2019.
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 5 business days, as the statute requires.
Sincerely,
Taylor Avery
From: Nevada System Of Higher Education
Hi Taylor—
We have received your public records request and are processing it.
We at NSHE System Administration do not have the ability to run a search against the UNR email addresses (i.e., @nevada.unr.edu or @unr.edu). You will need to contact UNR directly<https://www.unr.edu/administration-and-finance/public-records> to obtain any relevant emails involving a UNR email address.
Consistent with Nevada law, we will provide the records, if any, or provide the proper notice of the status of your request on or before the fifth business day after your request.
Please let me know if you have any questions.
Thank you,
Zelalem Bogale
Deputy General Counsel for System Administration
Nevada System of Higher Education
(775) 784-3421
[A3185DFE]
Omnia Pro Patria.
CONFIDENTIALITY NOTICE: The contents of this email message and any attachments are intended solely for the addressee(s) and may contain confidential and/or privileged information and may be legally protected from disclosure.
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From: Nevada System Of Higher Education
Hi Taylor—
This email serves as NSHE’s “fifth business day” response to your public records request (PRR) made on March 27, 2020. See NRS 239.0107(1).
Attached are a portion of the records you are seeking.
We are unable to make available the rest of the public records you are seeking by the end of the fifth business day after your request (which is today), but we should be able to fill the remainder of your request by April 10, 2020 at 5:00 p.m., if not sooner. See NRS 239.0107(1)(c).
Please let me know if you have any questions or concerns.
Thank you,
Zelalem Bogale
Deputy General Counsel for System Administration
Nevada System of Higher Education
(775) 784-3421
[A3185DFE]
Omnia Pro Patria.
CONFIDENTIALITY NOTICE: The contents of this email message and any attachments are intended solely for the addressee(s) and may contain confidential and/or privileged information and may be legally protected from disclosure.
From: Nevada System Of Higher Education
Hi Taylor-
First, please accept our sincere apologies for not providing the records (or communicating with you) by April 10. You can blame me. I intended but simply failed to notify you that we needed an extension until today April 17.
Attached here<https://documentcloud.adobe.com/link/track?uri=urn%3Aaaid%3Ascds%3AUS%3Acc7ecc35-bc8c-45ae-9317-427f5dfcc7b3> (via Adobe cloud link) are a portion of the records you are seeking. Please let us know if you have any trouble opening the link.
Parts of the attached document have been redacted. The basis for these redactions is confidential and/or proprietary (or trade secret) information. See NRS 239.0107(1)(d)<https://www.leg.state.nv.us/NRS/NRS-239.html#NRS239Sec0107>; NRS 333.333<https://www.leg.state.nv.us/NRS/NRS-333.html#NRS333Sec333>.
As to the remaining responsive documents, we unfortunately are unable to make them available by today owing to our good-faith preference of allowing the contracting part to review the records before we provide them. However, we should be able to fill the remainder of your request by May 1, 2020 at 5:00 p.m., if not sooner. See NRS 239.0107(1)(c)<https://www.leg.state.nv.us/NRS/NRS-239.html#NRS239Sec0107>.
For your edification, UNLV, Western Nevada College, and Desert Research Institute do not have documents responsive to your request. We are waiting on review of the contracts with Truckee Meadows Community College and Great Basin College.
Please let me know if you have any questions or concerns.
Thank you for your patience,
Zelalem Bogale
Deputy General Counsel for System Administration
Nevada System of Higher Education
(775) 784-3421
[A3185DFE]
Omnia Pro Patria.
CONFIDENTIALITY NOTICE: The contents of this email message and any attachments are intended solely for the addressee(s) and may contain confidential and/or privileged information and may be legally protected from disclosure.
From: Nevada System Of Higher Education
Good Afternoon Taylor-
Attached are a portion of the records you are seeking.
Parts of the attached documents have been redacted. The basis for these redactions is confidential and/or proprietary (or trade secret) information. See NRS 239.0107(1)(d)<https://www.leg.state.nv.us/NRS/NRS-239.html#NRS239Sec0107>; NRS 333.333<https://www.leg.state.nv.us/NRS/NRS-333.html#NRS333Sec333>.
As to the remaining responsive documents (emails), we unfortunately are unable to make them available by today owing to our own internal good-faith review of potential redactions. However, we should be able to fill the remainder of your request by May 15, 2020 at 5:00 p.m., if not sooner. See NRS 239.0107(1)(c)<https://www.leg.state.nv.us/NRS/NRS-239.html#NRS239Sec0107>.
Please let me know if you have any questions or concerns. And again, thank you for your patience.
Take care,
Zelalem Bogale
Deputy General Counsel for System Administration
Nevada System of Higher Education
(775) 784-3421
[A3185DFE]
Omnia Pro Patria.
CONFIDENTIALITY NOTICE: The contents of this email message and any attachments are intended solely for the addressee(s) and may contain confidential and/or privileged information and may be legally protected from disclosure.
From: Nevada System Of Higher Education
Good Afternoon Taylor-
Attached is the final portion of records you are seeking.
Parts of the attached documents have been redacted. The basis for these redactions is personal privacy. See Clark County Sch. District v. Las Vegas Review-Journal, 134 Nev. 700, 708, 429 P.3d 313, 320 (2018) (recognizing the common law protection of personal privacy interests); Reno Newspapers v. Gibbons, 127 Nev. 873, 880, 266 P.3d 623, 628 (2011) (noting that a record or portion thereof may be withheld or redacted under a common law doctrine like personal privacy); see also Cameranesi v. U.S. Dep't of Defense, 856 F.3d 626, 637 (9th Cir. 2017) (outlining a two-part balancing test, which Nevada has adopted, to determine whether to withhold a record for personal privacy reasons).
By providing these records, we have fulfilled your PRR. See NRS 239.0107(1)(c). Accordingly, we will close this request.
Please let us know if you have any questions or concerns.
Thank you,
Zelalem Bogale
Deputy General Counsel for System Administration
Nevada System of Higher Education
(775) 784-3421
[A3185DFE]
Omnia Pro Patria.
CONFIDENTIALITY NOTICE: The contents of this email message and any attachments are intended solely for the addressee(s) and may contain confidential and/or privileged information and may be legally protected from disclosure.
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