University releases subpoena & coach records in bball wage theft case

That would be the University of Maryland. The WaPo:

A federal grand jury in New York investigating corruption in college basketball has requested records from Maryland regarding one unnamed former player, assistant coach Orlando “Bino” Ranson, and Silvio De Sousa, a recruit who ultimately attended Kansas.

Maryland released copies of the subpoenas Friday, along with a statement asserting the university had already sent back all relevant records, and had found no evidence of any violations of NCAA rules or federal laws by any Maryland coaches, employees or players….

Presumably the feds were investigating Bino and Silvio on charges that they failed to compensate their players for their work hours, i.e. wage theft. Good to hear that UMD has provided the grand jury with evidence that their “student-athletes” were in fact paid.

I wonder when UO will release its subpoena? UO GC Kevin Reed’s public records office charged Daily Emerald reporter Michael Tobin $113.64 for copies of any federal subpoenas UO had received (there’s presumably one for the IAAF 2021 Championship bid docs too) and then refused to hand them over, and then refused to give him a refund. Max Thornberry had the story in the EW:

General counsel for the university Kevin Reed, a member of the transparency committee, refused to attend Thursday’s meeting and resigned from the committee before the meeting, telling Harbaugh that his office’s participation in the committee would “present a conflict of interest.”

[In an obvious self-contradiction, Reed then appointed Bryan Derringer, an AGC from Reed’s office as his designee.]

… In addition to stepping down from the committee, Reed expressed concern that Harbaugh’s participation presented a conflict of interest as well. Transcripts of emails between Reed and Harbaugh were posted to the University Senate blog.

“You have been assessed over $45,000 in fees on your public records requests over the course of the last five or so years,” Reed wrote to Harbaugh in an email. “You have paid a few hundred dollars for documents, but mostly you have protested the fees and argued for a change in fee policy that would reduce or eliminate fees. A private citizen is, of course, free to engage in such advocacy, but when a public official does so in his official capacity, he does so at his own risk. I have told you this before, and you have ignored my advice thus far. And, as I said the risk is on you, not the university, so I can’t tell you what to do.”

Following Reed’s prompting to consult with the Oregon Government Ethics Commission, Harbaugh says, an investigator from OGEC — via a phone conversation — determined Harbaugh’s interest in public records makes him part of a class or group of people with shared interests, saying, “Your participation would not even be a potential conflict of interest.”

[UOM: ORS 244.020(1), (13) actually says:

(13)“Potential conflict of interest” means any action or any decision or recommendation by a person acting in a capacity as a public official, the effect of which could be to the private pecuniary benefit or detriment of the person or the person’s relative, or a business with which the person or the person’s relative is associated, unless the pecuniary benefit or detriment arises out of the following:

(a)An interest or membership in a particular business, industry, occupation or other class required by law as a prerequisite to the holding by the person of the office or position.

(b)Any action in the person’s official capacity which would affect to the same degree a class consisting of all inhabitants of the state, or a smaller class consisting of an industry, occupation or other group including one of which or in which the person, or the person’s relative or business with which the person or the person’s relative is associated, is a member or is engaged.

(c)Membership in or membership on the board of directors of a nonprofit corporation that is tax-exempt under section 501(c) of the Internal Revenue Code.

Why did the General Counsel’s office omit this important qualification?]

… “This is symptomatic of the university’s contempt for public records law and the principle that people should have access to the records of their government,” Harbaugh says. “This seems to me a case where the university is using its powers under that law not to promote transparency but to try to hide things.”

More here.

I don’t know what UMD charged for releasing these public records, but here’s their subpoena:

 

Eugene Weekly reports on GC Kevin Reed’s refusal to refund student $114 for Fed subpoena PRO wouldn’t provide, & Reed’s refusal to participate in Transparency Committee or send his assistant Bryan Dearinger

Max Thornberry has the story here:

Transparency Committee Takes on UO Records Policy
Student reporter denied paid-for public records

A student reporter at the University of Oregon was charged more than $100 to obtain UO public records before being told the university would not release them to him.

The reporter didn’t get a refund, and now the university’s Senate Transparency Committee (STC) is asking whether the UO is violating its own policy and abusing public records fees in order to discourage the public and news media from trying to shine light on the university’s operation.

Michael Tobin, a senior news reporter for the Daily Emerald, paid the UO Office of Public Records $113.64 for records before he was told they were exempt from release. He has not received a refund. Tobin submitted a complaint to the STC to find out why he can’t get his money back.

“I’m concerned about a fee for records I was not given,” Tobin told the STC during a Thursday, April 5, meeting. “And if they claim to know Oregon public records law, they should know that if there’s a pending federal investigation that this record would be exempt from disclosure from the start. So I don’t know why they would take my money and then go through the process of pulling the document, attempting to redact it and then say, ‘We can’t give this to you because we talked to the [Department of Justice] about it.’”

… Tobin filed his records request on Feb. 1 for any “federal subpoenas the University of Oregon has received over the past year.” Tobin told the committee he was requesting records he thought might be connected to the 2021 IAAF Track and Field World Championships; IAAF’s selection of Eugene to hold the event has spurred criminal investigations in the US and in Europe into possible corruption around the decision.

… Government agencies are allowed by state law to charge for records. According to the Attorney General’s Public Records and Meetings Manual, fees can still be assessed if no responsive records are found or “even if the records located are subsequently determined to be exempt for disclosure.”

UO’s policy, though, says nothing about exempt records and fees, only that “The Office of Public Records charges for the actual cost of making available public records.”

“They have to follow their policies. They have to follow both Oregon law and their policies,” Chris Sinclair, chair of the STC, says. “So if their policies are more restrictive than Oregon law then their policy is the one they have to follow. That’s my understanding.”

General counsel for the university Kevin Reed, a member of the transparency committee, refused to attend Thursday’s meeting and resigned from the committee before the meeting, telling Harbaugh that his office’s participation in the committee would “present a conflict of interest.”

[In an obvious self-contradiction, Reed then appointed Bryan Derringer, an AGC from Reed’s office as his designee.]

… In addition to stepping down from the committee, Reed expressed concern that Harbaugh’s participation presented a conflict of interest as well. Transcripts of emails between Reed and Harbaugh were posted to the University Senate blog.

“You have been assessed over $45,000 in fees on your public records requests over the course of the last five or so years,” Reed wrote to Harbaugh in an email. “You have paid a few hundred dollars for documents, but mostly you have protested the fees and argued for a change in fee policy that would reduce or eliminate fees. A private citizen is, of course, free to engage in such advocacy, but when a public official does so in his official capacity, he does so at his own risk. I have told you this before, and you have ignored my advice thus far. And, as I said the risk is on you, not the university, so I can’t tell you what to do.”

Following Reed’s prompting to consult with the Oregon Government Ethics Commission, Harbaugh says, an investigator from OGEC — via a phone conversation — determined Harbaugh’s interest in public records makes him part of a class or group of people with shared interests, saying, “Your participation would not even be a potential conflict of interest.”

[UOM: ORS 244.020(1), (13) actually says:

(13)“Potential conflict of interest” means any action or any decision or recommendation by a person acting in a capacity as a public official, the effect of which could be to the private pecuniary benefit or detriment of the person or the person’s relative, or a business with which the person or the person’s relative is associated, unless the pecuniary benefit or detriment arises out of the following:

(a)An interest or membership in a particular business, industry, occupation or other class required by law as a prerequisite to the holding by the person of the office or position.

(b)Any action in the person’s official capacity which would affect to the same degree a class consisting of all inhabitants of the state, or a smaller class consisting of an industry, occupation or other group including one of which or in which the person, or the person’s relative or business with which the person or the person’s relative is associated, is a member or is engaged.

(c)Membership in or membership on the board of directors of a nonprofit corporation that is tax-exempt under section 501(c) of the Internal Revenue Code.

Why did the General Counsel’s office omit this important qualification?]

… “This is symptomatic of the university’s contempt for public records law and the principle that people should have access to the records of their government,” Harbaugh says. “This seems to me a case where the university is using its powers under that law not to promote transparency but to try to hide things.”

[And it will certainly have that effect. UO’s high fees and general refusal to waive them for reporters already discourage access to UO public records. The possibility that you will pay the fees and then get nothing increases the expected cost significantly.]

Chronicle of Higher Ed asks why UO General Counsel Kevin Reed wants faculty emails with reporters

Thought I’d repost this classic from last year. More related info soon.

2/15/2017 update:

Here (gated if off campus). A snippet:

The dust-up at the university began in November when Kenneth Jacoby, a reporter for the Daily Emerald student newspaper, filed two public-records requests for emails exchanged between several coaches and officials associated with the football team. Mr. Jacoby asked for fee waivers for both requests based on his belief that the records were in the public interest.

Nearly three weeks later, he was told it would cost over $700 to fulfill his request. He then got in touch with Mr. Harbaugh and in December filed a complaint over the cost with the Transparency Committee, which was established in 2010 to review university procedures for processing and fulfilling public-records requests.

In an email to the committee on January 22, Mr. Harbaugh told members that they would be hearing Mr. Jacoby’s complaint the following day and discussing a response. The email, which was obtained by The Chronicle, included an attachment with Mr. Jacoby’s complaint letter.

Mr. Harbaugh, a transparency advocate, files significant numbers of public-records requests in most years. In fact, according to the public-records office, he files more requests than any media outlet. The professor operates a blog, UOMatters, aimed at uncovering misdeeds at the university. In a 2015 profile by The Chronicle, Mr. Harbaugh said he hopes to make the university a “better place” through his transparency activities.

Mr. Reed, however, said in an interview that he began to fear that the Transparency Committee was not, itself, being transparent, and that he was concerned about conversations he was being excluded from.

So he filed a formal request for Mr. Harbaugh’s emails regarding the Senate Transparency Committee that evening, including those sent to media outlets. Mr. Reed specifically asked for emails sent to The Register-Guard, The Oregonian, the Oregon Daily Emerald, The Chronicle of Higher Education or Inside Higher Ed. …

In related news, GC Reed’s report on the Duck Athletic Department’s alleged efforts to stifle free speech by threatening to take away Jacoby’s press pass should be out in a week or two.

Note: Just to be clear, I turned over all the emails that were covered by GC Kevin Reed’s request, and I did so at no charge to him. I’m still hoping he’ll take the high road w.r.t. our student-journalists public records request’s, someday. A university that spends millions of dollars on public relations ought to be able to find a few thousand for public records.

2/8/2017: UO Pres Mike Schill’s lawyer wants to read professor’s emails with reporters

UO general counsel Kevin Reed is apparently the first university lawyer in US history – not just UO history – to use the public records laws to get a professor’s emails with reporters and free speech and academic freedom advocacy groups such as FIRE and SPLC.

Full disclosure, I am the professor that Mr. Reed is after. The Register Guard’s Diane Dietz has the story here:

The University of ­Oregon’s top lawyer is using public ­records law to get a professor’s emails to and from reporters and editors of The Register-­Guard, The ­Oregonian, the ­Oregon Daily ­Emerald, The ­Chronicle of Higher ­Education and Inside Higher Ed.

The lawyer, UO General Counsel Kevin Reed, sought any emails exchanged with those publications related to the University Senate’s transparency committee during the past year.

Read it all.

Here are some emails about this, starting with General Counsel Reed’s request:

From: Kevin S Reed <ksreed@uoregon.edu>
Subject: Re: Transparency Committee meeting, Monday 10AM, 412PLC
Date: January 22, 2017 at 8:52:29 PM PST
To: Senate President <senatepres@uoregon.edu>, Chris D Sinclair <csinclai@uoregon.edu>, Brent D Walth <bwalth@uoregon.edu>, Zane A Karimi <zkarimi@uoregon.edu>
Cc: Julia S Cohalan <jcohalan@uoregon.edu>, Kenny Jacoby <kjacoby@dailyemerald.com>, Greg J Stripp <stripp@uoregon.edu>

I will be at the meeting, but note the following:

I was unaware that Prof. Harbaugh was elected chair by email. I am unaware of any such vote taking place, though I was under the impression I am a member of this committee. This follows what appears to have been my exclusion from communication in recent weeks concerning Mr. Jacoby’s complaint regarding the PRO’s decision to follow its policy and not waive fees in responding to a request from the Emerald for student records. I understood that I was a non-voting member of the STC. It seems clear, though, that I am being left out of communications involving the core of the committee’s work. This scarcely seems consistent with the “transparency” part of the committee’s title. If I am not to be included in the communications of the committee, I decline to participate as a member.

Please consider this a request, under the Oregon Public Records Law, of all communications made in in the past 12 months, between the current chair of the Senate Transparency Committee and members of the committee concerning the business of this committee, as well as all communications between the Chair of the STC and any members of the media concerning or mentioning the committee.

I will excuse myself from any discussion by the committee regarding an expansion of the fee waiver policy, due to my belief that a discussion of the subject involving the Committee chair would involve a potential conflict of interest. Prof. Harbaugh was the most frequent requester of public records in the year just ended, and amongst those most frequently to withdraw his request for records when presented with the estimate of the costs associated with the production of those records. Since any action by the committee to demand a change in the PRO policies on fees and fee waivers, if adopted, would have direct financial impact on Prof. Harbaugh, I believe it would be a conflict of interest for him to participate in such a decision. Given Prof. Harbaugh’s participation in the matter thus far, I will refrain from participating in any discussion on the subject in the meeting unless he recuses himself, in order to avoid any appearance that I condone this conflict.

I have attached the Public Record’s Office’s SOPs, setting forth its approach to fee waivers, for the committee’s information. It is unclear to me why the committee would be asked to “make recommendations” regarding the PRO’s balanced approach to fee waivers without presenting the committee with the actual policies implemented by the PRO. So, here they are.

4. I believe the complaint presented by Mr. Jacoby is moot. In his complaint, Mr. Jacoby makes clear  that he seeks records relating to specific, identifiable students at the university. Since this “targeted” request seeks educational records of students who are identified, or are identifiable
within the context of the records and the request, his request has been denied, and any request for fees is now mooted, a decision communicated to him last week. Any records are educational records of identifiable UO students and cannot be released without their consent. The Emerald is no longer being asked to pay fees for the responsive records, since there are no responsive records that can be produced without violating the federally protected rights to privacy of the students involved.

My response:

From: Bill Harbaugh
Date: Friday, February 3, 2017 at 11:17 AM
To: Kevin Reed
Cc: Public Record Requests
Subject: Re: Public Records – Request for Documents 2017-PRR-172

Dear General Counsel Reed –

Two clarifying questions for you:

1) Does your request for
all communications between the Chair of the STC and any members of the media concerning or mentioning the committee
includes any such communications from my non-UO hosted email accounts, or texts on my personal phone?

2) When you say “any members of the media”, are you including my communications with bloggers, and organizations such as SPLC and FIRE?

Thanks,

Bill Harbaugh
Economics Prof & Senate Pres
University of Oregon
http://senate.uoregon.edu

Reed’s response:

From: Kevin Reed <ksreed@uoregon.edu>
Subject: Re: Public Records – Request for Documents 2017-PRR-172
Date: February 3, 2017 at 3:04:14 PM PST
To: William Harbaugh <harbaugh@uoregon.edu>
Cc: Public Record Requests <pubrec@uoregon.edu>

Senate President Harbaugh:

In answer to your questions:

1) I seek all communications concerning or mentioning the STC you made in your capacity as an officer of the University Senate (Vice President, President or member or Chair of the STC), regardless of which media or device you sued for your communication.
2) No. I do not believe FIRE or SPLC qualify as “media.” If it helps in narrowing the search, please feel free to limit my request to communications with reporters, editors or other personnel associated with the Register Guard, the Oregonian, the Daily Emerald, The Chronicle of Higher Education or Inside Higher Ed.

But, given that you have shared that you correspond with FIRE, I will make the additional request under the Oregon Public Records Law:

Please share any communications you have had with persons associated with the Foundation for Individual Rights in Education in the past 12 months, made in your capacity as an officer of the University Senate or member of any of its committees, which communications relate to or concern freedom of speech or academic freedom at the University of Oregon.

Kevin S. Reed | Vice President and General Counsel
Office of the General Counsel
219 Johnson Hall | Eugene, OR 97403-1226
(541) 346-3082 | ksreed@uoregon.edu

UO public records backlog grows – but UO lawyer Kevin Reed gets my free speech emails for free and on time

Sorry, long post.

The UO Public Records Office currently has many unfilled requests for public documents, going back as far as August. They haven’t yet filled any of the requests they’ve received since January 17, more than a month ago, except for boilerplate requests for coaches contracts or directories. The Oregon DOJ says two weeks should generally be enough time to provide public records to the public.

The one exception is General Counsel Kevin Reed’s request for my emails as UO Senate President. He emailed me that request the evening of Jan 16th. I sent him a follow-up asking for clarification, and 3 days after receiving that I sent him all the requested emails at no charge – including those responsive to his rather chilling new request:

“Please share any communications you have had with persons associated with the Foundation for Individual Rights in Education in the past 12 months, made in your capacity as an officer of the University Senate or member of any of its committees,  which communications relate to or concern freedom of speech or academic freedom at the University of Oregon.”

Despite my cooperation, Reed tried to convince the PR Officer – who works for him – that I’d tried to hide something. She wouldn’t buy it, and last night she updated the log entry to show that I’d provided the records: Those email exchanges are at the bottom of this post.

The rest of the PR log shows how slow the office is generally. Unfortunately UO does not show the fees they are imposing:

Public Requests Record Log

Request Date Title Requester Status
02/20/2017 Salary Data Thornberry, Max Requesting/Reviewing Records
02/20/2017 Documents Graff, Eli Requesting/Reviewing Records
02/20/2017 Grade distribution Johnson, Donna Requesting/Reviewing Records
02/20/2017 Contract Green, Cooper Requesting/Reviewing Records
02/20/2017 Citations Green, Cooper Requesting/Reviewing Records
02/17/2017 Contract Byrd, Colin Requesting/Reviewing Records
02/17/2017 Records Rubbelke, Nathan Requesting/Reviewing Records
02/17/2017 Payments Meek, Austin Requesting/Reviewing Records
02/16/2017 RFPs McGraw, Noah Requesting/Reviewing Records
02/15/2017 RFPs, scoresheet Wilson, Hayley Requesting/Reviewing Records
02/14/2017 Procurement Sessa, Jacqueline Requesting/Reviewing Records
02/13/2017 Contract Thornberry, Max Records Provided
02/13/2017 Financial Records Berkowitz, Steve Requesting/Reviewing Records
02/13/2017 Stale dated checks Lazar, Michael Requesting/Reviewing Records
02/13/2017 Directory Information Nichols, Kylie Requesting/Reviewing Records
02/09/2017 Contract Fagan, Michael Requesting/Reviewing Records
02/09/2017 Contract Sessa, Jacqueline Requesting/Reviewing Records
02/09/2017 Proposals Dietz, Diane Requesting/Reviewing Records
02/09/2017 Procedures Mitchell, Connor Requesting/Reviewing Records
02/08/2017 Contract Walsh, Cavan Records Provided
02/07/2017 Proposals Dietz, Diane Requesting/Reviewing Records
02/07/2017 Proposals Yrazabal, Jeff Requesting/Reviewing Records
02/07/2017 Contract Jacoby, Kenneth Requesting/Reviewing Records
02/06/2017 Correspondence Blutstein, Allan Requesting/Reviewing Records
02/06/2017 RFPs Schreck, Andy Requesting/Reviewing Records
02/06/2017 RFPs Schneider, Joe Requesting/Reviewing Records
02/06/2017 Report Nguyen, Tran Requesting/Reviewing Records
02/06/2017 Agreement Meek, Austin Records Exempt From Disclosure
02/06/2017 Correspondence Greif, Andrew Records Exempt From Disclosure
02/06/2017 Agreement Greif, Andrew Records Exempt From Disclosure
02/06/2017 Agreement Jacoby, Kenneth Records Exempt From Disclosure
02/03/2017 Contracts Cohen, Kevin Records Provided
02/03/2017 Proposals Fuller, Tami Requesting/Reviewing Records
02/02/2017 Contract Nguyen, Tran No Responsive Records
02/01/2017 Proposals Westcott, Janice Requesting/Reviewing Records
02/01/2017 Proposals Jones, Laura Requesting/Reviewing Records
01/31/2017 RFPs, scoresheet Kennedy, Phil Requesting/Reviewing Records
01/30/2017 Contract Maier, John Records Provided
01/27/2017 Contracts Kanter, Richard Records Provided
01/27/2017 Stale dated checks Carlucci, Christopher Requesting/Reviewing Records
01/26/2017 Records Pitcher, Jack Requesting/Reviewing Records
01/25/2017 Scholarship values Pitcher, Jack Requesting/Reviewing Records
01/25/2017 Qualifications and resume Solomon, Jon Requesting/Reviewing Records
01/25/2017 Correspondence Moskovitz, Diana Records Exempt From Disclosure
01/25/2017 Directory Information Parsi, Arash Records Provided
01/24/2017 Fund Allocation Sanchez-Rutledge Requesting/Reviewing Records
01/24/2017 RFPs Van Dyk, Andrew Requesting/Reviewing Records
01/23/2017 Expenditures Hill, Toni Awaiting Payment
01/23/2017 Proposals Klau, Monica Requesting/Reviewing Records
01/23/2017 Contract Shaw, Dana Records Provided
01/23/2017 Bid results Wolff, Roger Requesting/Reviewing Records
01/22/2017 Correspondence Reed, Kevin Records Provided
01/19/2017 Records and correspondence Thornberry, Max Requesting/Reviewing Records
01/19/2017 Documents Greif, Andrew Records Provided
01/19/2017 Contract Jacoby, Kenneth Requesting/Reviewing Records
01/18/2017 Records Jacoby, Kenneth Records Exempt From Disclosure
01/18/2017 Contract Byrd, Colin Records Provided
01/18/2017 Directory Information Lee, Garrett Records Provided
01/17/2017 Contract Greif, Andrew Records Provided
01/17/2017 Documents Dietz, Diane Records Provided
01/17/2017 Documents Jacoby, Kenneth Records Provided
01/17/2017 Contract Greif, Andrew Records Provided
01/13/2017 Contracts Byrd, Colin Records Provided
01/13/2017 Contract Greif, Andrew Records Provided
01/13/2017 Contracts Thorburn, Ryan Records Provided
01/12/2017 Contract Jacoby, Kenneth Records Provided
01/12/2017 Contracts Jacoby, Kenneth Records Provided
01/12/2017 Contracts Jacoby, Kenneth Records Provided
01/11/2017 Contract Rote, Kyle Records Provided
01/11/2017 Report Hemphill-Haley, Ethan Requesting/Reviewing Records
01/11/2017 Revenue Field, Andrew Records Provided
01/11/2017 Contract Greif, Andrew Records Provided
01/11/2017 Contract Jacoby, Kenneth Records Provided
01/11/2017 Contract Reed, Tarah Awaiting Payment
01/11/2017 Contract Baumbach, Jim Records Provided
01/11/2017 Records Pitcher, Jack Records Exempt From Disclosure
01/09/2017 Publication Byrd, Colin Records Provided
01/06/2017 Grade distribution Gilley, Bruce Records Provided
01/06/2017 Publication Byrd, Colin Records Provided
01/05/2017 Contract Greif, Andrew Records Provided
01/03/2017 RFPs McGraw, Noah Request Withdrawn
01/03/2017 RFQs Poole, Sabina Requesting/Reviewing Records
12/29/2016 Contracts Greif, Andrew Records Provided
12/29/2016 Contract Thorburn, Ryan Records Provided
12/28/2016 RFQs Richardson, McKenzie Requesting/Reviewing Records
12/23/2016 Contract Jacoby, Kenneth Records Provided
12/22/2016 Analyses Idsvoog, Karl Records Provided
12/22/2016 Invoices Walsh, James Records Exempt From Disclosure
12/19/2016 Contract Jacoby, Kenneth Records Provided
12/19/2016 Contracts Greif, Andrew Records Provided
12/19/2016 Contract Byrd, Colin Records Provided
12/16/2016 Contract Byrd, Colin Records Provided
12/16/2016 Contract Jacoby, Kenneth Records Provided
12/14/2016 Contract Smith, AJ Records Provided
12/13/2016 Contracts Kish, Matthew Records Provided
12/13/2016 Purchase orders Shaw, Bruce Awaiting Payment
12/12/2016 RFP Westcott, Janice Records Provided
12/12/2016 RFP Westcott, Janice Records Provided
12/09/2016 Salary Data Acker, Lizzy Records Provided
12/07/2016 Itinerary Simantel, Eric Request Withdrawn
12/07/2016 Contract Simantel, Eric Request Withdrawn
12/07/2016 Contract Byrd, Colin Records Provided
12/06/2016 Financial Records Jacoby, Kenneth Request Withdrawn
12/06/2016 Contract Dodson, Joshua Records Provided
12/05/2016 Correspondence Jennings, Chantel Records Provided
12/05/2016 Correspondence Appleby, Keith Awaiting Payment
12/01/2016 Correspondence Silberman, Daniel Records Provided
12/01/2016 Contracts Reed, Tarah No Responsive Records
11/30/2016 Correspondence Alger, Tyson Requesting/Reviewing Records
11/28/2016 Itinerary Alger, Tyson Records Provided
11/28/2016 Statistics Fischer, Maggie No Responsive Records
11/28/2016 RFP Koch, Heidi Records Provided
11/28/2016 Contracts Greif, Andrew Records Provided
11/28/2016 Contracts Cohen, Kevin Records Provided
11/28/2016 Payments Jennings, Chantel No Responsive Records
11/28/2016 Contract Meek, Austin No Responsive Records
11/28/2016 Occupation data Morgan, Willie No Responsive Records
11/28/2016 Financial Records Novy-Williams, Eben Records Provided
11/23/2016 Reports Greif, Andrew Awaiting Payment
11/22/2016 Contracts Drimmer, Bryan Records Provided
11/22/2016 Contracts Drimmer, Bryan Records Provided
11/21/2016 Contract Levine, Jeffrey Records Provided
11/21/2016 Records Hawthorne, Jonathan Requesting/Reviewing Records
11/21/2016 Attrition records Fischer, Maggie No Responsive Records
11/21/2016 Faculty demographic data Alvarado, Karen Requesting/Reviewing Records
11/18/2016 Personnel Appleby, Keith No Responsive Records
11/18/2016 Contract Halliday, Marie Records Provided
11/17/2016 Email Jacoby, Kenneth Records Exempt From Disclosure
11/16/2016 Records Nguyen, Tran Records Exempt From Disclosure
11/16/2016 Records Nguyen, Tran Records Exempt From Disclosure
11/16/2016 Employee Information Theen, Andrew Records Provided
11/15/2016 Report Pitcher, Jack Records Exempt From Disclosure
11/15/2016 Email Theen, Andrew Records Provided
11/15/2016 Title IX complaints Theen, Andrew Requesting/Reviewing Records
11/15/2016 Report Pitcher, Jack Records Exempt From Disclosure
11/11/2016 Contract Johnson, Mark Records Provided
11/10/2016 RFP Kennedy, Phil Records Provided
11/10/2016 Email Jacoby, Kenneth Awaiting Payment
11/10/2016 Contracts Dolisi, Joseph Records Provided
11/09/2016 Stale dated checks London, Jeffrey Records Provided
11/08/2016 Law Documents Harbaugh, Bill Records Provided
11/03/2016 RFP and budget Graziano, Greg Records Provided
11/03/2016 Archives Hawthorne, Jonathan Requesting/Reviewing Records
11/02/2016 Sports camps Berkowitz, Steve Records Provided
11/02/2016 Grade distribution Johnson, Donna Request Withdrawn
11/02/2016 Records Theen, Andrew No Responsive Records
11/02/2016 Audits Thornberry, Max Awaiting Payment
10/31/2016 Documents Lockwood, Kat Records Provided
10/27/2016 RFPs, scoresheets Dunaway, Derek Requesting/Reviewing Records
10/25/2016 Records Parker, Haley Records Provided
10/25/2016 Correspondence Greif, Andrew Awaiting Payment
10/24/2016 Contracts Jacoby, Kenneth Records Provided
10/21/2016 Agreement Thornberry, Max No Responsive Records
10/20/2016 RFP award information Sessa, Jacqueline Request Withdrawn
10/20/2016 Invoices Pitcher, Jack Records Provided
10/20/2016 Meeting Materials Poole, Sabina Request Withdrawn
10/19/2016 RFQs Bhawal, Biplab Records Provided
10/17/2016 Reports Pitcher, Jack Records Provided
10/17/2016 Directory Information Garcia, Miguel Awaiting Payment
10/14/2016 Administrative expenses Stewart, Hannah Awaiting Payment

 

10/14/2016 Contracts Hadar, Roey Records Provided
10/13/2016 Expense Reports Kiley, Zachary Awaiting Payment
10/13/2016 Proposals Pratt, Gwen Records Provided
10/11/2016 Salary Data Kenoyer, Kelly Awaiting Payment
10/07/2016 Reports Nguyen, Tran Records Provided
10/07/2016 Invoices Greer, Jeff Records Provided
10/07/2016 Contract Rudiger, Kevin Records Provided
10/05/2016 Correspondence Blutstein, Allan Awaiting Payment
10/05/2016 Contracts Garfein, Richard Records Provided
10/05/2016 Contracts Kelley, Kevin No Responsive Records
10/05/2016 Directory Information Ho, Anida Awaiting Payment
10/04/2016 Contracts Reed, Tarah Records Provided
09/30/2016 Report Nguyen, Tran Records Exempt From Disclosure
09/30/2016 Outdated Vendor Checks Minotti, Anthony Records Provided
09/30/2016 Correspondence Brown, Matt Records Provided
09/29/2016 Contracts Rogers, Kendall Records Provided
09/29/2016 Grade distribution Campbell, Will Records Provided
09/15/2016 Contract and correspondence Scher, Todd Awaiting Payment
09/15/2016 Email Frisch, Deborah Awaiting Payment
09/12/2016 RFP and budget Lewis, Christian Records Provided
09/08/2016 Real estate documents Frisch, Deborah Awaiting Payment
09/06/2016 Personnel records Capriel, Joanathan No Responsive Records
09/06/2016 Personnel records Frisch, Deborah No Responsive Records
09/06/2016 Responses Theen, Andrew Records Provided
09/02/2016 RFPs, scoresheet Wright, Julia Records Provided
09/02/2016 RFPs, scoresheet Wright, Julia Records Provided
09/01/2016 RFPs, scoresheet Lewis, Christian No Responsive Records
09/01/2016 University purchasing Deleoian, Ken Awaiting Payment
09/01/2016 Payment bond Carpenter, Brent No Responsive Records
08/30/2016 Expenditures Patterson, Craig Request Withdrawn
08/29/2016 Report Nguyen, Tran No Responsive Records
08/26/2016 Records Ackerman, Linda Requesting/Reviewing Records
08/26/2016 Report Nguyen, Tran Records Exempt From Disclosure
08/25/2016 RFPs, scoresheet Lewis, Christian Records Provided
08/24/2016 Contracts Roussel, Pete Records Provided
08/19/2016 Contracts Sessa, Jacqueline Records Provided
08/17/2016 Records Duncan, Andrew Records Provided
08/16/2016 Contracts Greif, Andrew Records Provided
08/10/2016 Contracts Cohen, Kevin Records Provided
08/08/2016 Game Contracts Kelley, Kevin Records Provided

On ThursdayFeb 2, 2017, at 10:42 AM, pubrec@uoregon.edu wrote:

2/2/2017

Hi Professor Harbaugh,

I’m writing to follow up on the email I sent you on 1/24, regarding Kevin Reed’s request for “…all communications made in in the past 12 months, between the current chair of the Senate Transparency Committee and members of the committee concerning the business of this committee, as well as all communications between the Chair of the STC and any members of the media concerning or mentioning the committee”. The full language of the request is below:

 “Please consider this a request, under the Oregon Public Records Law, of all communications made in in the past 12 months, between the current chair of the Senate Transparency Committee and members of the committee concerning the business of this committee, as well as all communications between the Chair of the STC and any members of the media concerning or mentioning the committee.”

As I mentioned previously, all we need is an estimate of how long it will take you (or someone else) to find, gather, and send any responsive records to our office. If someone else will do the work, please send their name so we can form an accurate estimate. There is no need to send any documents at this time; however, if gathering and sending the records will take less than one hour the office asks that you provide the records at your nearest convenience.

Thanks for your assistance, and feel free to contact us if you have any questions.

Lisa

Office of Public Records
University of Oregon
Office of the General Counsel
6207 University of Oregon
Eugene, OR 97403-6207
541-346-6823
pubrec@uoregon.edu

I asked for clarification:

From: Bill Harbaugh
Date: Friday, February 3, 2017 at 11:17 AM
To: Kevin Reed
Cc: Public Record Requests
Subject: Re: Public Records – Request for Documents 2017-PRR-172

Dear General Counsel Reed – 

Two clarifying questions for you:

1) Does your request for 

 all communications between the Chair of the STC and any members of the media concerning or mentioning the committee

includes any such communications from my non-UO hosted email accounts, or texts on my personal phone?

2) When you say “any members of the media”, are you including my communications with bloggers, and organizations such as SPLC and FIRE?

Thanks,
Bill Harbaugh, 
Economics Prof & Senate Pres, University of Oregon, http://senate.uoregon.edu

General Counsel Reed clarified and expanded his request:

On FridayFeb 3, 2017, at 3:04 PM, Kevin Reed <ksreed@uoregon.edu> wrote:

Senate President Harbaugh:

In answer to your questions:

1)  I seek all communications concerning or mentioning the STC you made in your capacity as an officer of the University Senate (Vice President, President or member or Chair of the STC), regardless of which media or device you sued for your communication.  

2)  No.  I do not believe FIRE or SPLC qualify as “media.”  If it helps in narrowing the search, please feel free to limit my request to communications with reporters, editors or other personnel associated with the Register Guard, the Oregonian, the Daily Emerald, The Chronicle of Higher Education or Inside Higher Ed.

But, given that you have shared that you correspond with FIRE, I will make the additional request under the Oregon Public Records Law:

Please share any communications you have had with persons associated with the Foundation for Individual Rights in Education in the past 12 months, made in your capacity as an officer of the University Senate or member of any of its committees,  which communications relate to or concern freedom of speech or academic freedom at the University of Oregon.

Kevin S. Reed | Vice President and General Counsel

Office of the General Counsel

219 Johnson Hall | Eugene, OR 97403-1226

(541) 346-3082 | ksreed@uoregon.edu

I sent Reed the documents:

From: UO Senate President <senatepres@uoregon.edu>
Subject: Re: Public Records – Request for Documents 2017-PRR-172
Date: February 6, 2017 at 12:26:36 PM PST
To: Kevin Reed <ksreed@uoregon.edu>
Cc: Lisa Thornton <pubrec@uoregon.edu>, Chris Sinclair <csinclai@uoregon.edu>, Scott R Maier <smaier@uoregon.edu>, Brent Walth <bwalth@uoregon.edu>, Gina Psaki <gpsaki@gmail.com>, Dianne Dugaw <dugaw@uoregon.edu>

Dear GC Reed – 

The attached folder has the public records you requested. Please let me know if you have any questions.

Bill Harbaugh, Senate President, Economics Professor, University of Oregon

I wrote to Reed and the PRO office, asking that hey correct the log to make clear that I’d sent the documents:

From: UO Senate President [mailto:senatepres@uoregon.edu]
Sent: Tuesday, February 14, 2017 11:48 AM
To: Lisa Thornton <lthorn@uoregon.edu>
Cc: Kevin Reed <ksreed@uoregon.edu>
Subject: Fwd: Public Records – Request for Documents 2017-PRR-172

Dear Public Records Officer Thornton – 

I’m writing to ask that you correct the public records log at http://publicrecords.uoregon.edu/content/correspondence-19 which currently reads

Correspondence

Requester: Reed, Kevin

Organization: Private

Initial Request Date: 01/22/2017

Status: Requesting/Reviewing Records

Please consider this a request, under the Oregon Public Records Law, of all communications made in in the past 12 months, between the current chair of the Senate Transparency Committee and members of the committee concerning the business of this committee, as well as all communications between the Chair of the STC and any members of the media concerning or mentioning the committee.

Corrections:

1) As you can see in the emails below, GC Reed made these requests in his official capacity as University of Oregon GC, not as “Private”.

2) As you can see in the emails below, GC Reeds request evolved over time, and I believe the log should show the final actual request.

3) As you can see in the emails below, I have provided the documents that GC requested in that final request, and the log should note this. 

Thanks, 

Bill Harbaugh, Senate President Economics Professor University of Oregon

GC Reed responded by ignoring my point that he had made the requests in his official capacity and doubting I had done this and demanding I explain what exemptions I’d used:

On FridayFeb 17, 2017, at 2:48 PM, Kevin Reed <ksreed@uoregon.edu> wrote:

PRO Thornton:

Here is what Mr. Harbaugh said about his production on his blog:

“OK, so I might have left out a few emails with reporters.”

Unless he is prepared to describe the exemptions under the Oregon Public Records law on which he relied to withhold responsive emails, and unless you concur that those exemptions justify the withholding,  I think it would be inaccurate to say that he responded to my request.

Should you need any guidance on the interpretation of the PRL as it relates to exemptions, please consult with Doug Park or Bryan Dearinger.

Thank you.

219 Johnson Hall | Eugene, OR 97403-1226

(541) 346-3082 | ksreed@uoregon.edu

generalcounsel.uoregon.edu

I responded to PRO Thornton, explaining that General Counsel Reed was confused:

From: UO Senate President [mailto:senatepres@uoregon.edu]
Sent: Monday, February 20, 2017 4:33 PM
To: Lisa Thornton <lthorn@uoregon.edu>
Subject: Re: Public Records – Request for Documents 2017-PRR-172

Dear Ms Thornton:

General Counsel Reed’s PR request, as he clarified it on Feb 3, asked me for

“all communications concerning or mentioning the STC you made in your capacity as an officer of the University Senate (Vice President, President or member or Chair of the STC)”

and

“any communications you have had with persons associated with the Foundation for Individual Rights in Education in the past 12 months, made in your capacity as an officer of the University Senate or member of any of its committees,  which communications relate to or concern freedom of speech or academic freedom at the University of Oregon.”

(emphasis added). As I wrote to him and to you on Feb 14th,

I responded to this on Feb 6th, ccing Thornton, with a folder which I believe contains all the relevant emails. There are no relevant texts.

I am not claiming any exemptions under the PR law. I’m not sure why he thinks my blog comment suggests that I’ve done so, or why he thinks my blog is relevant at all to this request. Please update the Public Records log to reflect that this PR request was made by GC Reed in his official capacity, and that the request has been satisfied.

Thank you,

Bill Harbaugh, Senate President, Economics Professor, University of Oregon

And Ms Thornton promptly and helpfully responded by correcting the log.

She also introducing the novel argument that because UO’s interpretation of state law requires requests come from private citizens, Reed must have been acting as such, even though he used his official UO email and title, etc:

2/20/2017

Professor Harbaugh 

As you know, the office has a long practice of holding that employees of a public body cannot make public records requests of the public body they work for. As such, Mr. Reed’s public records request was made in his capacity as a private citizen, just as your public records requests are make in your capacity as a private citizen, rather than a professor.

Additionally, I specifically asked you to provide responsive records to the office. We ask that you (and anyone providing records responsive to a public records request) do this to ensure the records are responsive, and that information that is exempt from disclosure is not inadvertently provided to the requestor. In reviewing the records you provided Mr. Reed I noted they contained personal contact information, which may be exempt from disclosure. Providing the records to the office, rather than directly to the requestor, would have prevented that information from being released. It is also unusual for the office to have received the records in .PDFs. The office prefers to receive responsive records in their native format, and requests that you provide any future records to the office in their native format.

I appreciate your assertion that you have provided all of the records responsive to Mr. Reed’s requests for “all communications made in in the past 12 months, between the current chair of the Senate Transparency Committee and members of the committee concerning the business of this committee, as well as all communications between the Chair of the STC and any members of the media concerning or mentioning the committee.”, later clarified to “all communications concerning or mentioning the STC you made in your capacity as an officer of the University Senate (Vice President, President or member or Chair of the STC)” and defining requested members of the media to be “…communications with reporters, editors or other personnel associated with the Register Guard, the Oregonian, the Daily Emerald, The Chronicle of Higher Education or Inside Higher Ed.”

I also appreciate you advising the office that you have provided all of the records responsive to Mr. Reed’s request for  “any communications you have had with persons associated with the Foundation for Individual Rights in Education in the past 12 months, made in your capacity as an officer of the University Senate or member of any of its committees,  which communications relate to or concern freedom of speech or academic freedom at the University of Oregon.”

When there is doubt as to whether all records have been provided in response to a request the office makes a practice of confirming with the office or employee who assisted the office that all records were indeed given to the office in response to the request. The office appreciates that you have now confirmed that you have provided the entirety of the records responsive to Mr. Reed’s request, and I will now close this matter.

Sincerely,

Lisa

Lisa Thornton, Public Records Officer

Will UO charge student journalist for HLGR’s Bowl of Dicks docs?

Under Dave Hubin UO’s Public Records Office refused to give fee waivers to journalists – even UO student journalists. Oregon public records law requires an explanation for fee waiver denials. Hubin and PR Officer Lisa Thornton ignored that law.

Now Daily Emerald reporter Noah McGraw has written a very good report on the Bowl of Dicks case, here:

Screen Shot 2015-10-16 at 12.46.12 AM

McGraw is requesting public records showing how much UO paid its defense attorneys, and for what, presumably for a follow-up story.

President Schill has hired a new Vice President and General Counsel, and given him authority over the Public Records Office. What will VPGC Kevin Reed do?

Screen Shot 2015-10-15 at 10.31.32 PM

President Schill and GC Kevin Reed announce strong counseling confidentiality policy

I’m no law professor, but this policy seems to put to rest worries that UO will ever again access confidential student counseling records for questionable purposes.

It’s also notable in that the Oregon Bar ethics complaint against UO Interim General Counsel Doug Park and Associate General Counsel Sam Hill for obtaining the records, and the Oregon Board of Psychologist Examiner’s proposed $5K fine against UO Counseling Director Shelly Kerr for releasing them, are still in various stages of appeals.

This new policy will not help these administrators’ cases – it will hurt them by making clear that what happened was wrong, and needed to be fixed. But it will help address the student concerns about UO’s institutional betrayal over sexual assaults that were identified by Jennifer Freyd. Which is more important.

UO’s new administration has done the right thing. A lot of people worked very hard to get us to this point, and I hope they are celebrating tonight. None of this would have come to light without the whistleblowing of CTS employees Jennifer Morlock and Karen Stokes, who have filed notice of a retaliation claim against UO.

The new policy is here, and here’s the announcement:

Screen Shot 2015-10-01 at 10.46.04 PM

Pres Schill hires Kevin Reed from UCLA as UO VP and General Counsel

Updated with the UCLA Chancellor’s message.

Screen Shot 2015-08-03 at 5.10.30 PM

Resume and cover letter here, Info on the searches here. President Schill’s announcement:

Colleagues,

It is a distinct pleasure to share with you today that Kevin Reed has accepted the role of vice president and general counsel. He will play a critical role as chief legal counsel and a senior advisor on institutional issues—a role expanded to better serve the university.

Kevin will come to us from the University of California Los Angeles, where he has served with distinction as vice chancellor for legal affairs and associate general counsel. Previously, he was general counsel for the Los Angeles Unified School District and a partner with Strumwasser and Woocher LLP in Santa Monica.

A Harvard Law graduate, Kevin has made a career out of dealing with the complex legal issues that are commonplace at highly regulated and scrutinized institutions. The University of Oregon will benefit from his incredible experience and knowledge when he arrives on Oct. 5.

While at UCLA, Kevin is credited with playing a pivotal role in establishing Westwood Technology Transfer, the entity created to oversee UCLA’s stewardship of intellectual property, and for supporting critical efforts in campus diversity, fostering creative ideas about outreach and financial support in admissions and hiring. He expanded the accessibility of his office and the units under his purview—the office of legal affairs, the office of ombuds services, and the Title IX office. He increased the willingness of faculty, students, and staff to seek support and services.

I would like to personally thank Doug Park, who has demonstrated great legal acumen while serving as interim general counsel. Doug’s legal insights, professionalism, and wisdom proved invaluable during his interim tenure. The entire staff of the general counsel’s office has done incredible work during this period and I am grateful. Doug will remain interim general counsel through Oct. 4.

I also offer sincere thanks to the search committee, chaired by Michael Moffitt, dean of the School of Law. This group worked tirelessly to provide us with an outstanding slate of candidates and I am extremely grateful for their excellent work on this key hire.

Please join me in welcoming Kevin Reed to the University of Oregon.

Sincerely, Michael H. Schill

President and Professor of Law

And here’s a forward from a UCLA prof:

Office of the Chancellor

Dear Colleagues:

I’m writing with mixed emotions to share the news that Kevin Reed, vice chancellor of legal affairs, will leave UCLA on October 2 to serve as vice president and general counsel at the University of Oregon.

As our top legal adviser, Kevin has made many essential contributions to UCLA’s successes over the past seven years. I am sorry to see him go, but I take comfort in knowing that he will continue to support a public research university dedicated to equity, access and quality.

Since joining UCLA in 2008, Kevin has guided the campus through the increasingly complex maze of legal and regulatory issues inherent in managing a public university. It’s not hyperbole to say Kevin’s steady hand has touched all corners of our campus — from the police department and other units responsible for public safety to the health care enterprise, from human resources to research administration, and from athletics to numerous academic units. Whether advising on the development of new campus initiatives or managing litigation on high-profile cases, he anticipated challenges before they arose, responded adroitly to unexpected developments and confidently identified potential courses of action — invariably with fairness, integrity and accountability.

Kevin has the rare capacity to understand the wide range of concerns of those he advises, clearly communicate complicated legal concepts and collaborate on solutions, whether working with faculty and deans, vice chancellors and other administrators, outside counsel or students.

Of special note among his many accomplishments, Kevin served on boards that planned and governed the UCLA Community School, facilitating key relationships with our partners at LAUSD, where he was general counsel before arriving at UCLA. He played a pivotal role in establishing the legal framework to help protect faculty members from terrorist harassment by anti-animal research extremists. Kevin helped launch Westwood Technology Transfer, which was created to oversee UCLA’s stewardship of intellectual property. He supported critical efforts in campus diversity, fostering creative ideas about outreach and financial support in admissions and hiring. He expanded the accessibility of his office, increasing the willingness of faculty, students and staff to seek support from units under his purview — the offices of legal affairs and ombuds services, and the Title IX office.

We are fortunate to have benefited from Kevin’s service at UCLA. I have every confidence he will enjoy success in Oregon, where he will work with a board newly independent from the statewide university system and a new president, Michael Schill, who was dean of UCLA School of Law from 2004 to 2009. Please join me in wishing Kevin well.

I have asked Executive Vice Chancellor and Provost Scott Waugh to form a committee to launch a search for a successor. An interim vice chancellor will be named soon.

Sincerely,

Gene D. Block

Chancellor