Phil Bereano, Ph.D. electronic correspondance

Mary Mangan filed this request with the University of Washington of Washington.
Tracking #

PR-2015-00660

Est. Completion None
Status
Awaiting Appeal
Tags

Communications

From: Mary Mangan

To Whom It May Concern:

Pursuant to RCW Ch. 42.56 (Public Records Act), I hereby request the following records:

Emails to and from Dr. Phil Bereano, 2013-2015. All emails to and from Professor Bereano containing any of the following; "GMO", "GM", "genetically", "Monsanto", "Stonyfield", "Bronner", "Bt", "Benbrook", "label", "labeling", "Just Label It", "Ruskin", "Malkin", "transgenic", "biotech", "biotechnology", "gmolist", "gmolist@googlegroups.com", "Roundup", "endocrine", "herbicide", "insecticide", and/or "glyphosate".

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. 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. This effort was inspired by Gary Ruskin of US Right to Know, and by Paul Thacker and Charles Seife based on their entreaty in the Los Angeles Times: http://www.latimes.com/opinion/op-ed/la-oe-0821-seife-thacker-science-transparency-20150821-story.html .

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. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

I expect the request to be filled in an accessible format, including for screen readers, which provide text-to-speech for persons unable to read print. Files that are not accessible to screen readers include, for example, .pdf image files as well as physical documents.

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,

Mary Mangan

From: pubrec

October 28, 2015

Ms. Mary Mangan
MuckRock
Dept MR 21852
PO Box 55819
Boston, MA 02205-5819

Re: Public Records Request PR-2015-00660

Dear Ms. Mangan:

I am writing to acknowledge receipt of your public records request on
October 21, 2015. We estimate we will respond to your request by November
19, 2015. As allowed by RCW 42.56.520, if additional time is needed to
locate, review or assemble documents or to notify third parties affected by
your request, we will contact you.

If you need to contact us about your request, please have the request number
noted above available. If you have any questions, please feel free to
contact this office.

Sincerely,

Tisa Escobar
Compliance Officer
UNIVERSITY OF WASHINGTON
Office of Public Records and Open Public Meetings
Mail: Roosevelt Commons-Box 354997, Seattle, WA 98195
Street: 4311 11th Ave NE, #360
206.543.9180 fax 206.616.6294
pubrec@uw.edu http://depts.washington.edu/pubrec/

From: pubrec

November 19, 2015

Ms. Mary Mangan
MuckRock
Dept MR 21852
PO Box 55819
Boston, MA 02205-5819

Re: Public Records Request PR-2015-00660

Dear Ms. Mangan:

The University is unable to identify any records responsive to your public
records request, in which you requested emails to/from Dr. Phil Bereano
containing specific search terms .

This concludes the University's response to your public records request, as
required by RCW 42.56.520. Please feel free to contact this office should
you have any further questions.

Sincerely,

Tisa Escobar
Compliance Officer
UNIVERSITY OF WASHINGTON
Office of Public Records and Open Public Meetings
Mail: Roosevelt Commons-Box 354997, Seattle, WA 98195
Street: 4311 11th Ave NE, #360
206.543.9180 fax 206.616.6294
pubrec@uw.edu http://depts.washington.edu/pubrec/

From: Mary Mangan

This is hard to believe. I've seen Bereano's conversation already in emails with this text. For example, http://screencast.com/t/7zWf31bnAqA

That was in March of 2014. It's clear he was participating in exchanged on this mailing list, which is one of the requested terms. It appears right in the body of the email.

Can you explain how this document was missed? And is it possible others have been missed due to the same issue?

From: pubrec

Dear Ms. Mangan,

Professor Bereano is a Professor Emeritus and is retired from the University. His emails are not considered public records under the Washington State Public Records Act, Chapter 42.56 since they do not contain information relating to the conduct of government.

Sincerely,

Tisa Escobar
Compliance Officer
UNIVERSITY OF WASHINGTON
Office of Public Records and Open Public Meetings
Mail: Roosevelt Commons-Box 354997, Seattle, WA 98195
Street: 4311 11th Ave NE, #360
206.543.9180 fax 206.616.6294
<mailto:pubrec@uw.edu> pubrec@uw.edu <http://depts.washington.edu/pubrec/> http://depts.washington.edu/pubrec/

From: Mary Mangan

Yes, I am aware of his emeritus status. However, right on the University web pages we see this: http://screencast.com/t/IUPLx05OKAkM

"Emeriti Faculty
Listed below are HCDE's emeriti faculty. Some are still deeply involved in the department and continue to contribute to all that we do. All had incredible dedication to teaching, research, and service at the University of Washington.

Phil Bereano
Technology and public policy; technology assessment; assessments of genetic/computer/information technologies; citizen participation in technology policy decision making; technology and civil liberties."

So he's still "deeply involved" in the work, and he's using a University of Washington signature, mailing address, and email address to influence civic discussions. Further, if he's using a university email address then he's using public resources for mailings in servers and software.

I would like to state that I feel this constitutes public and University-associated work and that the records should be provided.

For the record, here's an example:
>>>>>>>> On 2 Mar 2014, at 18:23, pbereano@u.washington.edu wrote:
>>>>>>>>
>>>>>>>>> This is almost too dense to use. Can they be grouped by some
>>>>>>>>>sort of topical categories? I don't see how to easily find a
>>>>>>>>>study on an issue you are debating/ testifying about/etc
>>>>>>>>>
>>>>>>>>> I can't find an email address to cc them on this question.
>>>>>>>>>
>>>>>>>>> Phil
>>>>>>>>> ***************************
>>>>>>>>> Philip L. Bereano
>>>>>>>>> Professor Emeritus
>>>>>>>>> HCD&E Department
>>>>>>>>> Sieg Hall
>>>>>>>>> University of Washington
>>>>>>>>> Seattle, Wash. 98195
>>>>>>>>> ***************************
>>>>>>>>>
>>>>>>>>> On Sun, 2 Mar 2014, Brian John wrote:
>>>>>>>>>
>>>>>>>>>> Hope this might be useful, folks. I made a PDF of the big
>>>>>>>>>> list published by GMO Free USA. They appear to be working on
>>>>>>>>>> an updated version -- but most of the key things seem to be
>>>>>>>>>> incorporated already...............
>>>>>>>>>>
>>>>>>>>>> Not all of the things on the list are peer-reviewed (not that
>>>>>>>>>>peer review means anything these days anyway.....)
>>>>>>>>>>
>>>>>>>>>> Brian

This email is available from the "Chuck Benbrook emails" request found here https://www.muckrock.com/foi/washington-54/chuck-benbrook-emails-20764/ , the item is "Re: GMO Free USA's list of 1300 studies--5march14".

Thank you for revisiting this matter of public interest. As you see, he's using his University address to discuss testifying and debating this public issue and in policy decision making. I think it's clear this is relating to the conduct of government.

Mary

From: pubrec

Dear Ms. Mangan,

As previously stated, Professor Bereano is retired from the University. His emails are not considered public records under the Washington State Public Records Act, Chapter 42.56 since they do not contain information relating to the conduct of government. This concludes the University’s response to your public records request and our correspondence concerning your request.

Sincerely,

Tisa Escobar

From: Mary Mangan

I don't see where in the statue that is listed. Can you please be more explicit about which clause of that law you think applies?

I'll be filing an appeal with the State Attorney General's office, or whoever is in charge of that in the state.

Sincerely,

Mary Mangan

From: pubrec

February 16, 2016

Ms. Mary Mangan
MuckRock
Dept MR 21852
PO Box 55819
Boston, MA 02205-5819

Re: public records request PR-2015-00660

Dear Ms. Mangan:

The Office of Public Records and Open Public Meetings has received your
request for an appeal and it has been forwarded to the Hearing Officer, Dr.
Norman Arkans. His office will contact you directly.

Please feel free to contact this office if you have any questions or
concerns.

Sincerely,

Tisa Escobar
Compliance Officer

UNIVERSITY OF WASHINGTON
Office of Public Records and Open Public Meetings
Mail: Roosevelt Commons-Box 354997, Seattle, WA 98195
Street: 4311 11th Ave NE, #360

Files

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