NC - Cowell Fund of Funds

David Sirota filed this request with the Office of the State Treasurer of North Carolina.
Tracking #

2016-04

Status
Completed

Communications

From: David Sirota

To Whom It May Concern:

Pursuant to North Carolina Public Records Law (G.S. §§ 132-1 through 132-10), I hereby request the following documents:

- Any correspondence to or from employees of the Office of State Treasurer and employees or official from James River Capital. This includes -- but is not necessarily limited to -- correspondence to or from the domain name "jrcc.net"

- Any correspondence to or from employees of the Office of State Treasurer and employees or official from ChannelAdvisor. This includes -- but is not necessarily limited to -- correspondence to or from the domain name "channeladvisor.com"

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.

I hereby request such correspondence for the dates 1/1/14 to the present.

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

Please search for responsive records regardless of format. I request the information in a machine-processable format, such as a spreadsheet (CSV or XLS) or word processor (TXT, DOC, DOCX) format. It can be provided by email, thumb drive, or CD. If it is unavailable in any other format, an OCRed PDF (i.e. searchable) will do.

If it is your position that some of these records are available but others are not (or a part of the request is too broad), please provide me with the records that are available.

If it is your position that any portion of the requested records is exempt from disclosure, I request that you provide it with an index of those documents as required under Vaughn v. Rosen, 484 F.2d 820 (D.C. Cir. 1973), cert. denied, 415 U.S. 977 (1972). As you are aware, a Vaughn index must describe each document claimed as exempt with sufficient specificity “to permit a reasoned judgment as to whether the material is actually exempt under FOIA.” Founding Church of Scientology v. Bell, 603 F.2d 945, 949 (D.C. Cir. 1979). Moreover, the Vaughn index must “describe each document or portion thereof withheld, and for each withholding it must discuss the consequences of supplying the sought-after information.” King v. U.S. Dep’t of Justice, 830 F.2d 210, 223-24 (D.C. Cir. 1987) (emphasis added). Further, “the withholding agency must supply ‘a relatively detailed justification, specifically identifying the reasons why a particular exemption is relevant and correlating those claims with the particular part of a withheld document
to which they apply.’” Id.at 224 (citing Mead Data Central v. U.S. Dep’t of the Air Force, 566 F.2d 242, 251 (D.C. Cir. 1977)).

In the event some portions of the requested records are properly exempt from disclosure, please disclose any reasonably segregable non-exempt portions of the requested records. See 5 U.S.C. § 552(b). If it is your position that a document contains non-exempt segments, but that those non-exempt segments are so dispersed throughout the document as to make segregation impossible, please state what portion of the document is non-exempt, and how the material is dispersed throughout the document. Mead Data Central, 566 F.2d at 261. Claims of nonsegregability must be made with the same degree of detail as required for claims of exemptions in a Vaughn index. If a request is denied in whole, please state specifically that it is not reasonable to segregate portions of the record for release.

I request a waiver of fees associated with processing this request for records. International Business Times is a news media organization. Disclosure of the requested information to me is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government. 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 fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request.

Thank you in advance for your anticipated cooperation in this matter. I would request your response within ten (10) business days.

Sincerely,

David Sirota
International Business Times
(720) 854-4875

From: Brad Young

The North Carolina Department of State Treasurer has received your request for public records. We will respond to your request in as timely a manner as possible.

Brad Young
Press Secretary
Office of the State Treasurer
Phone: (919) 814-3822
Media Line: (919) 807-3132

[North Carolina Department of State Treasurer - Janet Cowell, State Treasurer]
3200 Atlantic Avenue, Raleigh, NC 27604
www.NCTreasurer.com<http://www.nctreasurer.com/>
[Twitter logo - Twitter.com/NCTreasurer]<https://twitter.com/nctreasurer>[Facebook logo - Facebook.com/NCDST]<http://www.facebook.com/ncdst>[Sign up for e-Updates]<https://www.nctreasurer.com/Inside-The-Department/StayConnected/Pages/default.aspx>

E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law. It may be subject to monitoring and disclosed to third parties, including law enforcement personnel, by an authorized state official.
IMPORTANT: When sending confidential or sensitive information, encryption should be used.

From: Brad Young

I’m reattaching the documents that were supplied on 5/3 and 5/5. These were the documents found responsive by our department for your requests. There is no other production of records on this topic in process.

Please let me know if you had any further questions.

Brad Young

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