Preview
Jesse J. Maddox, Bar No. 219091 E-FILED
jmaddox@lewlegal.com 9/17/2021 11:34 AM
Nathan T. Jackson, Bar No. 285620 Superior Court of California
njackson@lewlegal.com County of Fresno
LIEBERT CASSIDY WHITMORE
By: L Peterson, Deputy
A Professional Law Corporation
5250 North Palm Ave, Suite 310
Fresno, California 93704
Telephone: 559.256.7800
Facsimile: 559.449.4535
Attorneys for Defendant BOARD OF TRUSTEES OF
CALIFORNIA STATE UNIVERSITY
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF FRESNO
11 A. SAMEH EL KHARBAWY, Case No.: 21CECG02214
eo 12 Plaintiff, Complaint Filed: October 23, 2020
13 V, [ASSIGNED FOR ALL PURPOSES TO HON.
KIMBERLY GAAB, DEPT. 503]
14 BOARD OF TRUSTEES OF
CALIFORNIA STATE UNIVERSITY; DECLARATION OF ESTHER GONZALEZ IN
15 DARRYL L. HAMM, an individual; SUPPORT OF DEFENDANT BOARD OF
BEEZ
Es
LYNNETTE ZELEZNY, an individual. 3: TRUSTEES OF CALIFORNIA STATE
FES 16 JOSEPH I. CASTRO, an individual; UNIVERSITY’S SPECIAL MOTION TO
<
SAUL JIMENEZ-SANDOVAL, an STRIKE PLAINTIFF A. SAMEH EL
17 individual; XUANNING FU, an KHARBAWY’S COMPLAINT
individual; AND DOES 1| through 50,
18
Defendant.
19 (*Exempt from filing fees pursuant to Gov.
Code, § 6103.)
20
21 I, Esther Gonzalez, declare as follows:
22 1 Ihave personal knowledge of each matter stated herein, and if called upon to do so,
23 I could and would competently testify to each matter set forth herein.
24 2 Tam a Confidential Analyst at California State University, Fresno (“Fresno
25 State”). Fresno State has employed me in this capacity since October 1, 2013. One of my
26 responsibilities includes responding to Public Records Act Requests (“PRAR”) issued to Fresno
27 State.
28 3 In May of 2018, Plaintiff issued several PRARs to Fresno State, including Request
1
Declaration of Esther Gonzalez
9701805.1 FROO7-003
Nos. 01-051018, 02-051018, 03-051018, 04-051018, 05-05118, 06-05118, CPRA-
07-051418, 08-051418, 09-051418, 10-051818, 11-051818, 12-052118, and 13-
052118. A response to each of these requests was issued by the PRAR officer at
the California State University Office of the Chancellor or by me. My last
response was sent to Plaintiff on or about May 31, 2018. A true and correct copy
of responses to the above-named requests are attached hereto as Exhibit 1. In
general, responses either objected to Plaintiff's requests, asked Plaintiff to
cooperate in narrowing the scope of his requests, noted that Plaintiff would be
informed if any records were disclosed, and/or that he could inspect and copy
10 them. Plaintiff never followed up with me, and ultimately no documents were
11 disclosed to Plaintiff in response to these requests.
12 I declare under penalty of perjury under the laws of the state of California that the
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20
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22
23
24
25
26
27
28
2
Declaration of Esther Gonzalez
9701805.1 FROO7-003
Exhibit 1
FRESNG
STATE
Esther Gonzalez
RE: California Public Records Act (CPRA) Requests
1 message
CO-PRA Fri, May 18, 2018 at 1:47 PM
To: "A. Sameh El Kharbawy; Ph.D" , CO-PRA ,
“estherg@mail.fresnostate.edu"
Cc: Eve Cervantez , Zoe Palitz
Professor El Kharbawy,
We received your three Public Records Act request sent on May 10, 2018. By this correspondence, the California State
University responds on behalf of both the Chancellor’s Office and California State University, Fresno.
I Re: CPRA 01-051018
Your first request, titled “CPRA 01-051018,” sought seven items. All of the items evolved around the law firms of Fagen,
Friedman & Fulfrost and Wilke Fluery. You requested the contract/agreement and “writings” between the law firms and
Fresno employees Interim VP for Faculty Affairs Rudolph Sanchez and Associate VP for Human Resources Marylou
Medoza-Miller. You also requested “writings” between the university's attorney, Darryl Hamm, with his clients at the
university.
As you and your attorneys (cc’d on your request) are aware, any responsive documents would be protected from
disclosure under attorney-client privilege, attorney work product, and deliberative process, and will not be produced. (Cal.
Govt. Code §§ 6254(k) and 6255, Rogers v. Superior Court (1993) 19 Cal. App. 4th 469; Times Mirror Co. v. Superior
Court (1991) 53 Cal. 3d 1325; and California First Amendment Coalition v. Superior Court (1989) 67 Cal. App. 4th 159)).
Additionally, records or reports of ongoing investigations are not subject to disclosure. The public interest in protecting an
ongoing investigation clearly outweighs the public interest in disclosure because disclosure might compromise the
investigative process. Cal. Gov. Code § 6255; Wilson v. Superior Court (1997) 51 Cal.App.4th 1136; see also, California
First Amendment Coalition v. Superior Court (1998) 67 Cal.App.4th 159. Preliminary drafts, notes or memoranda are
exempt from disclosure, even after the investigation is complete, so long as there is no custom or practice of retaining
such records, and the public interest in nondisclosure clearly outweighs the public interest in disclosure. Cal. Gov. Code §
6254(a); see also, Citizens fora Better Environment v. Cal. Dept. of Food and Agriculture (1985) 171 Cal.App.3d 704.
I. Re: CPRA 02-051018
Your second request, titled “CPRA 02-051018,” sought “writings” with the following search terms: “Sameh,” “Kharbawy,”
“Interior Design,” “ID,” “113,” “116,” “132T,” “150” and “152” created by, received from, sent to, or exchanged between
Joseph Castro, Lynette Zelezny, Dennis Nef, Rudolph Sanchez, Marylou Medoza-Miller, Xuanning Fu, Saul Jiménez-
Sandoval, Honora Chapman, Martin Valencia, and Holly Sowles from May 1, 2016 to present.
Under California Government Code §6253, CSU will conduct a reasonable search for records and make available those
that are disclosable. CSU will exempt from production any records, or portions of any records, that are protected by
attorney-client privilege, attorney work product, deliberative process, or that constitute personnel files, the disclosure of
which would constitute an unwarranted invasion of privacy, or that constitute student education records as defined by the
Family Educational Rights and Privacy Act. (Cal. Govt. Code §§ 6254(c) & (k) and 6255, Rogers v. Superior Court (1993)
19 Cal. App. 4th 469; Times Mirror Co. v. Superior Court (1991) 53 Cal. 3d 1325; and California First Amendment
Coalition v. Superior Court (1989) 67 Cal. App. 4th 159)).
Additionally, records or reports of ongoing investigations are not subject to disclosure. The public interest in protecting an
ongoing investigation clearly outweighs the public interest in disclosure because disclosure might compromise the
investigative process. Cal. Gov. Code § 6255; Wilson v. Superior Court (1997) 51 Cal.App.4th 1136; see also, California
First Amendment Coalition v. Superior Court (1998) 67 Cal.App.4th 159. Preliminary drafts, notes or memoranda are
exempt from disclosure, even after the investigation is complete, so long as there is no custom or practice of retaining
such records, and the public interest in nondisclosure clearly outweighs the public interest in disclosure. Cal. Gov. Code §
6254(a); see also, Citizens for a Better Environment v. Cal. Dept. of Food and Agriculture (1985) 171 Cal.App.3d 704.
Ml. Re: CPRA 04-051018
Your third request, titled “CPRA 04-051018,” sought “writings” with the following search terms: “Interior Design,” “Search,”
“Search Committee,” “Holly,” “Sowles,” “Shane,” “Moreman,” “BS,” “Oklahoma,” “Central Oklahoma,” “resume,” “résume,”
“LinkedIn” created by, received from, sent to, or exchanged between Joseph Castro, Lynette Zelezny, Dennis Nef,
Rudolph Sanchez, Marylou Medoza-Miller, Xuanning Fu, Saul Jiménez-Sandoval, Honora Chapman, Martin Valencia, and
Holly Sowles from February 1, 2016 to present.
Your search terms are overbroad and need to be to reframed. As it stands, these Fresno State administrators, including
the president, human resources managers, and faculty, fill positions throughout the campus. Your search parameters
need to be specific as to position or department to be meaningful.
Once you have narrowed the search, CSU will conduct a reasonable search under California Government Code §6253
for records and make available those that are disclosable. CSU will exempt from production any records, or portions of
any records, that are protected by attorney-client privilege, attorney work product, deliberative process, or that constitute
personnel files, the disclosure of which would constitute an unwarranted invasion of privacy, or that constitute student
education records as defined by the Family Educational Rights and Privacy Act. (Cal. Govt. Code §§ 6254(c) & (k) and
6255, Rogers v. Superior Court (1993) 19 Cal. App. 4th 469; Times Mirror Co. v. Superior Court (1991) 53 Cal. 3d 1325;
and California First Amendment Coalition v. Superior Court (1989) 67 Cal. App. 4th 159)).
Additionally, records or reports of ongoing investigations are not subject to disclosure. The public interest in protecting an
ongoing investigation clearly outweighs the public interest in disclosure because disclosure might compromise the
investigative process. Cal. Gov. Code § 6255; Wilson v. Superior Court (1997) 51 Cal.App.4th 1136; see also, California
First Amendment Coalition v. Superior Court (1998) 67 Cal.App.4th 159. Preliminary drafts, notes or memoranda are
exempt from disclosure, even after the investigation is complete, so long as there is no custom or practice of retaining
such records, and the public interest in nondisclosure clearly outweighs the public interest in disclosure. Cal. Gov. Code §
6254(a); see also, Citizens for a Better Environment v. Cal. Dept. of Food and Agriculture (1985) 171 Cal.App.3d 704.
In closing, we will let you know when we have gathered all of the records. It will be necessary to redact from them any
personal and otherwise privileged information before they can be made available to you.
If you wish to inspect the records at Fresno State, we will schedule a mutually convenient date and time. If you wish to
receive copies instead, CSU may charge the direct cost of duplication (20 cents per page). We will advise you when the
records are located as to the exact number of pages upon which any charge will be based. We will require full payment
before we begin the redaction and duplication process.
Sincerely,
CO-PRA
From: A. Sameh El Kharbawy; Ph.D
Sent: Thursday, May 10, 2018 8:18 AM
To: CO-PRA ; estherg@mail.fresnostate.edu
Cc: Eve Cervantez ; Zoe Palitz ; A. Sameh El
Kharbawy; Ph.D
Subject: California Public Records Act (CPRA) Requests
Please see the attached California Public Records Act (CPRA) requests.
Your immediate attention is requested to ensure that all disclosable records, “writings,” evidence and communications
involving (and/or are in the possession of) Provost Lynnette Zelezny are promptly collected and fully disclosed, in light of
her anticipated departure from the CSU-Fresno campus (in the coming few weeks) which must not obstruct, disrupt or
interfere with the lawful fulfillment of the attached requests.
Thank you.
c: Altshuler Berzon, LLC
A. Sameh El Kharbawy
Ph.D, M.B.A, M. Arch, Assoc. AIA, IDEC, Allied ASID, Assoc. IIDA, USGBC-CC
Professor
STAT.
ew Ly
fRESN
Confidentiality Notice: This communication with its contents contain confidential and/or legally privileged information. It is solely for
the use of the intended recipient(s). Unauthorized interception, review, use, or disclosure (including forwarding) is prohibited and
may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please
contact the sender and destroy all copies of the communication.
3 attachments
2 CPRA-01-051018.pdf
85K
a CPRA-02-051018.pdf
82K
CPRA-04-051018.pdf
a 82K
FRESNG
STATE
Esther Gonzalez
PRA 18-50: California Public Records Act (CPRA) Request
1 message
Esther Gonzalez Fri, May 18, 2018 at 4:00 PM
To: "A. Sameh El Kharbawy, Ph.D"
Cc: Eve Cervantez , Zoe Palitz
Dear Professor El Kharbawy:
Pursuant to the California Public Records Act, | am responding to your request received on May 10, 2018, for the items
outlined in your third request, titled CPRA 03-051018. The request seeks copies of “writings” containing any of the
mae
following words: “Sameh,” “Kharbawy,” ElKharbawy,” “institute,” “sustainability, innovation,” created by, received from,
sent to, or exchanged between Joseph Castro, Lynette Zelezny, Dennis Nef, Rudolph Sanchez, Marylou Medoza-Miller,
Xuanning Fu, Satil Jiménez-Sandoval, and Honora Chapman from August 17, 2015 to present.
ma,
As stated, your request is overbroad and needs to be reframed. Search terms such as “institute, ‘sustainability,” and
“innovation” are very general and not only might they increase the results of the search but may also cover any number of
situations not pertaining to the information you seek. Additionally, identification and collection of all the documents
requested under these search terms would be extremely burdensome. Please provide additional specificity or consider
making the request more focused to allow the university to locate records reflecting the specific information you seek.
Once you have narrowed the search, CSU will conduct a reasonable search under California Government Code §6253
for records and make available those that are disclosable. CSU will exempt from production any records, or portions of
any records, that are protected by attorney-client privilege, attorney work product, deliberative process, or that constitute
personnel files, the disclosure of which would constitute an unwarranted invasion of privacy, or that constitute student
education records as defined by the Family Educational Rights and Privacy Act. (Cal. Govt. Code §§ 6254(c) & (k) and
6255, Rogers v. Superior Court (1993) 19 Cal. App. 4th 469; Times Mirror Co. v. Superior Court (1991) 53 Cal. 3d 1325;
and California First Amendment Coalition v. Superior Court (1989) 67 Cal. App. 4th 159)).
Moreover, records or reports of ongoing investigations are not subject to disclosure. The public interest in protecting an
ongoing investigation clearly outweighs the public interest in disclosure because disclosure might compromise the
investigative process. Cal. Gov. Code § 6255; Wilson v. Superior Court (1997) 51 Cal.App.4th 1136; see also, California
First Amendment Coalition v. Superior Court (1998) 67 Cal.App.4th 159. Preliminary drafts, notes or memoranda are
exempt from disclosure, even after the investigation is complete, so long as there is no custom or practice of retaining
such records, and the public interest in nondisclosure clearly outweighs the public interest in disclosure. Cal. Gov. Code §
6254(a); see also, Citizens for a Better Environment v. Cal. Dept. of Food and Agriculture (1985) 171 Cal.App.3d 704.
We will let you know when we have gathered all of the records. It will be necessary to redact from them any personal and
otherwise privileged information before they can be made available to you.
You may inspect the records by scheduling a mutually convenient date and time. If you wish to receive copies instead, the
CSU standard duplication rate has been established at 20 cents per page, irrespective of whether records are produced
in hard or electronic format.
We will advise you when the records are located as to the exact number of pages upon which any charge will be based.
We will require full payment before we begin the redaction and duplication process.
Sincerely,
Esther
Esther Gonzalez
Office of the Vice President for Administration
California State University, Fresno
5200 N. Barton, ML 52
Fresno, CA 93740
Phone: 559.278.7461
On Thu, May 10, 2018 at 8:18 AM, A. Sameh El Kharbawy; Ph.D wrote:
Ms. Gonzalez,
Please see the attached California Public Records Act (CPRA) requests.
Your immediate attention is requested to ensure that all disclosable records, “writings,” evidence and communications
involving (and/or are in the possession of) Provost Lynnette Zelezny are promptly collected and fully disclosed, in light
of her anticipated departure from the CSU-Fresno campus (in the coming few weeks) which must not obstruct, disrupt
or interfere with the lawful fulfillment of the attached request.
Thank you.
c: Altshuler Berzon, LLC
Sincerely,
A. Sameh El Kharbawy
Ph.D, M.B.A, M. Arch, Assoc. AIA, IDEC, Allied ASID, Assoc. IIDA, USGBC-CC.
Professor
Confidentiality Notice: This communication with its contents contain confidential and/or legally privileged information. It is solely for
the use of the intended recipient(s). Unauthorized interception, review, use, or disclosure (including forwarding) is prohibited and may
violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the
sender and destroy all copies of the communication.
FRESNG
STATE
Esther Gonzalez
RE: California Public Records Act (CPRA) Requests
1 message
CO-PRA Mon, May 21, 2018 at 1:23 PM
To: "A. Sameh El Kharbawy; Ph.D" , "estherg@mail.fresnostate.edu"
Cc: Eve Cervantez , Zoe Palitz , CO-PRA
Professor El Kharbawy,
For your request 04-051018, California State University also acknowledges your request for “any and all “writings,”
documents and discoverable records related to any and all faculty searches) conducted for faculty in the Interior Design
program (Department of Art and Design) from August 17, 2014 to December 2015, and from February 2016 to the
present.”
The Chancellor’s Office and California State University, Fresno, incorporates the same objections as noted for request
CPRA-04-051018 below.
Sincerely,
CO-PRA
From: CO-PRA
Sent: Friday, May 18, 2018 1:48 PM
To: A. Sameh El Kharbawy; Ph.D ; CO-PRA ;
estherg@mail.fresnostate.edu
Cc: Eve Cervantez ; Zoe Palitz
Subject: RE: California Public Records Act (CPRA) Requests
Professor El Kharbawy,
We received your three Public Records Act request sent on May 10, 2018. By this correspondence, the California State
University responds on behalf of both the Chancellor’s Office and California State University, Fresno.
| Re: CPRA 01-051018
Your first request, titled “CPRA 01-051018,” sought seven items. All of the items evolved around the law firms of Fagen,
Friedman & Fulfrost and Wilke Fluery. You requested the contract/agreement and “writings” between the law firms and
Fresno employees Interim VP for Faculty Affairs Rudolph Sanchez and Associate VP for Human Resources Marylou
Medoza-Miller. You also requested “writings” between the university's attorney, Darryl Hamm, with his clients at the
university.
As you and your attorneys (cc’d on your request) are aware, any responsive documents would be protected from
disclosure under attorney-client privilege, attorney work product, and deliberative process, and will not be produced. (Cal.
Govt. Code §§ 6254(k) and 6255, Rogers v. Superior Court (1993) 19 Cal. App. 4th 469; Times Mirror Co. v. Superior
Court (1991) 53 Cal. 3d 1325; and California First Amendment Coalition v. Superior Court (1989) 67 Cal. App. 4th 159)).
Additionally, records or reports of ongoing investigations are not subject to disclosure. The public interest in protecting an
ongoing investigation clearly outweighs the public interest in disclosure because disclosure might compromise the
investigative process. Cal. Gov. Code § 6255; Wilson v. Superior Court (1997) 51 Cal.App.4th 1136; see also, California
First Amendment Coalition v. Superior Court (1998) 67 Cal.App.4th 159. Preliminary drafts, notes or memoranda are
exempt from disclosure, even after the investigation is complete, so long as there is no custom or practice of retaining
such records, and the public interest in nondisclosure clearly outweighs the public interest in disclosure. Cal. Gov. Code §
6254(a); see also, Citizens for a Better Environment v. Cal. Dept. of Food and Agriculture (1985) 171 Cal.App.3d 704.
I. Re: CPRA 02-051018
Your second request, titled “CPRA 02-051018,” sought “writings” with the following search terms: “Sameh,” “Kharbawy,”
“Interior Design,” “ID,” “113,” “116,” “132T,” “150” and “152” created by, received from, sent to, or exchanged between
Joseph Castro, Lynette Zelezny, Dennis Nef, Rudolph Sanchez, Marylou Medoza-Miller, Xuanning Fu, Saul Jiménez-
Sandoval, Honora Chapman, Martin Valencia, and Holly Sowles from May 1, 2016 to present.
Under California Government Code §6253, CSU will conduct a reasonable search for records and make available those
that are disclosable. CSU will exempt from production any records, or portions of any records, that are protected by
attorney-client privilege, attorney work product, deliberative process, or that constitute personnel files, the disclosure of
which would constitute an unwarranted invasion of privacy, or that constitute student education records as defined by the
Family Educational Rights and Privacy Act. (Cal. Govt. Code §§ 6254(c) & (k) and 6255, Rogers v. Superior Court (1993)
19 Cal. App. 4th 469; Times Mirror Co. v. Superior Court (1991) 53 Cal. 3d 1325; and California First Amendment
Coalition v. Superior Court (1989) 67 Cal. App. 4th 159)).
Additionally, records or reports of ongoing investigations are not subject to disclosure. The public interest in protecting an
ongoing investigation clearly outweighs the public interest in disclosure because disclosure might compromise the
investigative process. Cal. Gov. Code § 6255; Wilson v. Superior Court (1997) 51 Cal.App.4th 1136; see also, California
First Amendment Coalition v. Superior Court (1998) 67 Cal.App.4th 159. Preliminary drafts, notes or memoranda are
exempt from disclosure, even after the investigation is complete, so long as there is no custom or practice of retaining
such records, and the public interest in nondisclosure clearly outweighs the public interest in disclosure. Cal. Gov. Code §
6254(a); see also, Citizens for a Better Environment v. Cal. Dept. of Food and Agriculture (1985) 171 Cal.App.3d 704.
Ml. Re: CPRA 04-051018
Your third request, titled “CPRA 04-051018,” sought “writings” with the following search terms: “Interior Design,” “Search,”
“Search Committee,” “Holly,” “Sowles,” “Shane,” “Moreman,” “BS,” “Oklahoma,” “Central Oklahoma,” “resume,” “résume,”
“LinkedIn” created by, received from, sent to, or exchanged between Joseph Castro, Lynette Zelezny, Dennis Nef,
Rudolph Sanchez, Marylou Medoza-Miller, Xuanning Fu, Saul Jiménez-Sandoval, Honora Chapman, Martin Valencia, and
Holly Sowles from February 1, 2016 to present.
Your search terms are overbroad and need to be to reframed. As it stands, these Fresno State administrators, including
the president, human resources managers, and faculty, fill positions throughout the campus. Your search parameters
need to be specific as to position or department to be meaningful.
Once you have narrowed the search, CSU will conduct a reasonable search under California Government Code §6253
for records and make available those that are disclosable. CSU will exempt from production any records, or portions of
any records, that are protected by attorney-client privilege, attorney work product, deliberative process, or that constitute
personnel files, the disclosure of which would constitute an unwarranted invasion of privacy, or that constitute student
education records as defined by the Family Educational Rights and Privacy Act. (Cal. Govt. Code §§ 6254(c) & (k) and
6255, Rogers v. Superior Court (1993) 19 Cal. App. 4th 469; Times Mirror Co. v. Superior Court (1991) 53 Cal. 3d 1325;
and California First Amendment Coalition v. Superior Court (1989) 67 Cal. App. 4th 159)).
Additionally, records or reports of ongoing investigations are not subject to disclosure. The public interest in protecting an
ongoing investigation clearly outweighs the public interest in disclosure because disclosure might compromise the
investigative process. Cal. Gov. Code § 6255; Wilson v. Superior Court (1997) 51 Cal.App.4th 1136; see also, California
First Amendment Coalition v. Superior Court (1998) 67 Cal.App.4th 159. Preliminary drafts, notes or memoranda are
exempt from disclosure, even after the investigation is complete, so long as there is no custom or practice of retaining
such records, and the public interest in nondisclosure clearly outweighs the public interest in disclosure. Cal. Gov. Code §
6254(a); see also, Citizens fora Better Environment v. Cal. Dept. of Food and Agriculture (1985) 171 Cal.App.3d 704.
In closing, we will let you know when we have gathered all of the records. It will be necessary to redact from them any
personal and otherwise privileged information before they can be made available to you.
If you wish to inspect the records at Fresno State, we will schedule a mutually convenient date and time. If you wish to
receive copies instead, CSU may charge the direct cost of duplication (20 cents per page). We will advise you when the
records are located as to the exact number of pages upon which any charge will be based. We will require full payment
before we begin the redaction and duplication process.
Sincerely,
CO-PRA
From: A. Sameh El Kharbawy; Ph.D
Sent: Thursday, May 10, 2018 8:18 AM
To: CO-PRA ; estherg@mail.fresnostate.edu
Cc: Eve Cervantez ; Zoe Palitz ; A. Sameh El
Kharbawy; Ph.D
Subject: California Public Records Act (CPRA) Requests
Please see the attached California Public Records Act (CPRA) requests.
Your immediate attention is requested to ensure that all disclosable records, “writings,” evidence and communications
involving (and/or are in the possession of) Provost Lynnette Zelezny are promptly collected and fully disclosed, in light of
her anticipated departure from the CSU-Fresno campus (in the coming few weeks) which must not obstruct, disrupt or
interfere with the lawful fulfillment of the attached requests.
Thank you.
c: Altshuler Berzon, LLC
A. Sameh El Kharbawy
Ph.D, M.B.A, M. Arch, Assoc. AIA, IDEC, Allied ASID, Assoc. IIDA, USGBC-CC
Professor
STATE
ay
a
ERES NO
Confidentiality Notice: This communication with its contents contain confidential and/or legally privileged information. It is solely for
the use of the intended recipient(s). Unauthorized interception, review, use, or disclosure (including forwarding) is prohibited and
may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please
contact the sender and destroy all copies of the communication.
FRESNG
STATE
Esther Gonzalez
PRA 18-51: California Public Records Act (CPRA) Requests
1 message
Esther Gonzalez Mon, May 21, 2018 at 5:35 PM
To: "A. Sameh El Kharbawy, Ph.D"
Cc: Eve Cervantez , Zoe Palitz
Dear Professor El Kharbawy:
Pursuant to the California Public Records Act, | am responding to your request received on May 11, 2018, for the items
outlined in your fifth request, titled CPRA 05-051118. The request seeks copies of “writings” containing any of the
following words: “Middle East,” “Middle East Studies,” “Edward,” “Said," “Randa,” “Jarrar,” “Arab,” “Palestinian,”
“discrimination, “ “racism,” created by, received from, sent to, or exchanged between Colleen Flaherty, Joseph Castro,
Lynnette Zelezny, Dennis Nef, Rudolph Sanchez, Saul Jiménez-Sandoval, Honora Chapman, Vida Samiian, Randa
Jarrar, and Joe Parks from January 1, 2016 to the present.
As stated, your request is overbroad and needs to be reframed. Search terms such as “said,” “discrimination,” and
“racism” are general and not only might they increase the results of the search but may also cover any number of
situations not pertaining to the information you seek. Additionally, identification and collection of all the documents
requested under these search terms would be extremely burdensome. Please provide additional specificity or consider
making the request more focused to allow the university to locate records reflecting the specific information you seek.
Once you have narrowed the search, CSU will conduct a reasonable search under California Government Code §6253
for records and make available those that are disclosable. CSU will exempt from production any records, or portions of
any records, that are protected by attorney-client privilege, attorney work product, deliberative process, or that constitute
personnel files, the disclosure of which would constitute an unwarranted invasion of privacy, or that constitute student
education records as defined by the Family Educational Rights and Privacy Act. (Cal. Govt. Code §§ 6254(c) & (k) and
6255, Rogers v. Superior Court (1993) 19 Cal. App. 4th 469; Times Mirror Co. v. Superior Court (1991) 53 Cal. 3d 1325;
and California First Amendment Coalition v. Superior Court (1989) 67 Cal. App. 4th 159)).
Additionally, records or reports of ongoing investigations are not subject to disclosure. The public interest in protecting an
ongoing investigation clearly outweighs the public interest in disclosure because disclosure might compromise the
investigative process. Cal. Gov. Code § 6255; Wilson v. Superior Court (1997) 51 Cal.App.4th 1136; see also, California
First Amendment Coalition v. Superior Court (1998) 67 Cal.App.4th 159. Preliminary drafts, notes or memoranda are
exempt from disclosure, even after the investigation is complete, so long as there is no custom or practice of retaining
such records, and the public interest in nondisclosure clearly outweighs the public interest in disclosure. Cal. Gov. Code §
6254(a); see also, Citizens for a Better Environment v. Cal. Dept. of Food and Agriculture (1985) 171 Cal.App.3d 704.
We will let you know when we have gathered all of the records. It will be necessary to redact from them any personal and
otherwise privileged information before they can be made available to you.
You may inspect the records by scheduling a mutually convenient date and time. If you wish to receive copies instead, the
CSU standard duplication rate has been established at 20 cents per page, irrespective of whether records are produced
in hard or electronic format.
We will advise you when the records are located as to the exact number of pages upon which any charge will be based.
We will require full payment before we begin the redaction and duplication process.
Sincerely,
Esther
Esther Gonzalez
Office of the Vice President for Administration
California State University, Fresno
5200 N. Barton, ML 52
Fresno, CA 93740
Phone: 559.278.7461
On Fri, May 11, 2018 at 2:06 PM, A. Sameh El Kharbawy; Ph.D wrote:
Ms. Gonzalez,
Please see the attached California Public Records Act (CPRA) requests.
Your immediate attention is requested to ensure that all disclosable records, “writings,” evidence and communications involving
(and/or are in the possession of) Provost Lynnette Zelezny are promptly collected and fully disclosed, in light of her anticipated
departure from the CSU-Fresno campus (in the coming few weeks) which must not obstruct, disrupt or interfere with the lawful
fulfillment of the attached request.
Thank you.
c: Altshuler Berzon, LLC
Sincerely,
A. Sameh El Kharbaw
Ph.D, M.B.A, M. Arch, Assoc. AIA, IDEC, Allied ASID, Assoc. IIDA, USGBC-CC
Professor
Confidentiality Notice: This communication with its contents contain confidential and/or legally privileged information. It is solely for
the use of the intended recipient(s). Unauthorized interception, review, use, or disclosure (including forwarding) is prohibited and may
violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the
sender and destroy all copies of the communication.
FRESNG
STATE
Esther Gonzalez
PRA 18-52: California Public Records Act (CPRA) Requests
1 message
Esther Gonzalez Mon, May 21, 2018 at 5:41 PM
To: "A. Sameh El Kharbawy, Ph.D"
Cc: Eve Cervantez , Zoe Palitz
Dear Professor El Kharbawy:
Pursuant to the California Public Records Act, | am responding to your request received on May 11, 2018, for the items
outlined in your fifth request, titled CPRA 05-051118. The request seeks copies of “writings” containing any of the
following words: “Interior Design”, “ID”, “accreditation”, “CIDA”, “Council for Interior Design Accreditation” created by,
received from, sent to, or exchanged between Joseph Castro, Lynnette Zelezny, Dennis Nef, Rudolph Sanchez, Saul
Jiménez-Sandoval, Honora Chapman, Martin Valencia, Holly Sowles, and Silvana Polgar from January 1, 2016 to the
present.
CSU will conduct a reasonable search under California Government Code §6253 for records and make available those
that are disclosable. CSU will exempt from production any records, or portions of any records, that are protected by
attorney-client privilege, attorney work product, deliberative process, or that constitute personnel files, the disclosure of
which would constitute an unwarranted invasion of privacy, or that constitute student education records as defined by the
Family Educational Rights and Privacy Act. (Cal. Govt. Code §§ 6254(c) & (k) and 6255, Rogers v. Superior Court (1993)
19 Cal. App. 4th 469; Times Mirror Co. v. Superior Court (1991) 53 Cal. 3d 1325; and California First Amendment
Coalition v. Superior Court (1989) 67 Cal. App. 4th 159)).
Additionally, records or reports of ongoing investigations are not subject to disclosure. The public interest in protecting an
ongoing investigation clearly outweighs the public interest in disclosure because disclosure might compromise the
investigative process. Cal. Gov. Code § 6255; Wilson v. Superior Court (1997) 51 Cal.App.4th 1136; see also, California
First Amendment Coalition v. Superior Court (1998) 67 Cal.App.4th 159. Preliminary drafts, notes or memoranda are
exempt from disclosure, even after the investigation is complete, so long as there is no custom or practice of retaining
such records, and the public interest in nondisclosure clearly outweighs the public interest in disclosure. Cal. Gov. Code §
6254(a); see also, Citizens for a Better Environment v. Cal. Dept. of Food and Agriculture (1985) 171 Cal.App.3d 704.
We will let you know when we have gathered all of the records. It will be necessary to redact from them any personal and
otherwise privileged information before they can be made available to you.
You may inspect the records by scheduling a mutually convenient date and time. If you wish to receive copies instead, the
CSU standard duplication rate has been established at 20 cents per page, irrespective of whether records are produced
in hard or electronic format.
We will advise you when the records are located as to the exact number of pages upon which any charge will be based.
We will require full payment before we begin the redaction and duplication process.
Sincerely,
Esther
Esther Gonzalez
Office of the Vice President for Administration
California State University, Fresno
5200 N. Barton, ML 52
Fresno, CA 93740
Phone: 559.278.7461
las
On Fri, May 11, 2018 at 2:06 PM, A. Sameh El Kharbawy; Ph.D wrote:
Ms. Gonzalez,
Please see the attached California Public Records Act (CPRA) requests.
Your immediate attention is requested to ensure that all disclosable records, “writings,” evidence and communications involving
(and/or are in the possession of) Provost Lynnette Zelezny are promptly collected and fully disclosed, in light of her anticipated
departure from the CSU-Fresno campus (in the coming few weeks) which must not obstruct, disrupt or interfere with the lawful
fulfillment of the attached request.
Thank you.
c: Altshuler Berzon, LLC
Sincerely,
A. Sameh El Kharbawy
Ph.D, M.B.A, M. Arch, Assoc. AIA, IDEC, Allied ASID, Assoc. IIDA, USGBC-CC
Professor
Confidentiality Notice: This communication with its contents contain confidential and/or legally privileged information. It is solely for
the use of the intended recipient(s). Unauthorized interception, review, use, or disclosure (including forwarding) is prohibited and may
violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the
sender and destroy all copies of the communication.
Via Email
Office of General Counsel
The California State University, Office of the Chancellor
401 Golden Shore, Fourth Floor
Long Beach, California 90802-4210
co-pra@calstate.edu
May 14, 2018
Re: Public Records Act Request #07-051418
Pursuant to the California Public Records Act, I am writing to request a copy of the
records detailed below:
1 All “writings” (as that term is defined under California Evidence Code §250),
documents, discoverable records, and communications, electronic and otherwise,
containing any of the following words: “kharbawy og> Elkharbawy 366> ‘Sameh”, “Interior
2 «e
Design”, “Search”, “Search Committee”, “Holly > Sowles”, “Shane”, “Moreman”, “Lori”,
“Lamb”, “BS”, “Oklahoma”, “Central Oklahoma”, “resume”, “résumé”, “LinkedIn”, which
were created by, received from, sent to, or exchanged between the individuals/entities
named below, from April 1, 2016 to the present:
Timothy White (Chancellor, California State University, CSU),
Melissa Bard (Vice Chancellor for Human Resources, CSU),
Linda Hanson (Assistant Vice Chancellor, Human Resources, CSU),
Cynthia Convey (Internal Investigations, Human Resources, CSU),
The Equal Opportunity/Title IX/Compliance office, CSU,
Janice Parten (former Associate Vice President for Human Resources,
CSU-Fresno),
g Marylou Mendoza Miller (Associate Vice President for Human
Resources, CSU-Fresno),
h Holly Sowles (Department of Art and Design, CSU-Fresno).
Please note that this request covers, but is not limited to, all documents and
communications created, received or stored on computers, communication devices (such as
telephones, tablets, etc.) and/or the servers on which they were created or existed. This
includes all emails created by, received from or exchanged between by the following email
addresses: twhite@calstate.edu, mbard@calstate.edu, llamb@calstate.edu,
lhanson@calstate.edu, eo-wbappeals@calstate.edu, cconvey@calstate.edu,
jparten@csufresno.edu, maryloum@csufresno.edu, maryloum@mail.fresnostate.edu,
hsowles@csufresno.edu, hsowles@ mail.fresnostate.edu, and all other email
addresses/aliases used by the above-named individuals during the above-mentioned period.
2 A copy of any and all “writings” (as that term is defined under California
Evidence Code §250), documents, communications (electronic and otherwise) and
discoverable records related to any complaints (including any whistleblower complaints)
filed by, or on behalf of A. Sameh El Kharbawy from April 1, 2016 to the present.
CPRA Request 07-051418
May 14, 2018
Page 2 of 2
Please note that the Public Records Act allows a member of the public to request records
by describing their content, rather than asking for specific documents by name; an agency that
receives such a request must “search for records based on criteria set forth in the search
request. ol This request applies to all communications in the University’s possession, including
any communications created or received by University employees, students or members of the
public.
Please provide entire documents, even if only parts of them are responsive to this request.
If you maintain records or data in electronic format, please provide them in that same format to
avoid copying costs.” If you are unable to reproduce electronic records in electronic form, please
provide a reason for doing so.
The California Public Records Act requires that you respond to this request within ten
(10) days’, either by providing all the requested records or by providing a written response
setting forth the legal authority for withholding or redacting any document and stating when the
documents will be made available.‘ If you anticipate encountering any practical difficulties in
fulfilling this request, pursuant to section 6253.1 of the Government Code, I request that you
“provide suggestions for overcoming any practical basis for denying access to the records or
information sought.” If you require any clarification in identifying responsive documents or
focusing this request’, please contact me at aelkharbawy@csufresno.edu.
Please send all records responsive to this request to:
Dr. A. Sameh El Kharbawy
PO Box 5335
Fresno, CA 93755-5335
aelkharbawy@csufresno.edu
Please let me know if there is any other information that would assist you with this
matter.
Sincerely,
/S/ A. Sameh El Kharbawy
Ce: Eve Cervantez and Zoe Palitz, Altshuler Berzon, LLP (by email)
' California First Amendment Coalition v. Superior Court, 67 Cal. App. 4th 159, 165-66, (1998)
> Gov't. Code § 6253.9.
> Gov't. Code § 6253(c).
“Gov't. Code §§ 6253(c), 6255.
* Gov't. Code § 6253.1.
FRESNG
STATE
Esther Gonzalez
RE: California Public Records Act (CPRA) Request #CPRA-08-051418
1 message
CO-PRA Thu, May 24, 2018 at 3:44 PM
To: "A. Sameh El Kharbawy; Ph.D" , CO-PRA ,
“estherg@mail.fresnostate.edu"
Cc: Eve Cervantez , Zoe Palitz
Professor El Kharbawy,
We received your Public Records Act request sent on May 14, 2018, labeled 08-051418. By this correspondence, the
California State University responds on behalf of both the Chancellor’s Office and California State University, Fresno.
You requested “writings” with the following search terms: “kharbawy,” “Elkharbawy,” “Sameh,” “Interior Design,” “Dean,”
“Gordon,” “Kevin,” and “Schwinn,” created by, received from, sent to, or exchanged between Joseph Castro, Lynette
Zelezny, Kirsten Corey, Natacha Thompson, Janice Parten, and Marylou Mendoza-Miller from December 1, 2014 to the
present.
Your search terms are overly broad and would result in the necessary review of thousands of documents—most of which
will return unrelated results and many of which would not be subject to disclosure under the Public Records Act.
As required by California Government Code Section § 6253.1, we would like to work with you to narrow your search
terms to arrive at reasonably identifiable records. As a preliminary matter, we ask that you review your existing search
terms and delete general, non-specific terms.
Additionally, as CSU has noted in its responses to previous record requests, certain documents we believe you seeking
are exempt from production under the Public Records Act. For example, CSU will exempt from production:
e Records, or portions of any records, that are protected by attorney-client privilege, attorney work
product. (Cal. Govt. Code § 6254(k)).
e Records that constitute deliberative process, or that constitute personnel files, the disclosure of
which would constitute an unwarranted invasion of privacy, or that constitute student education
records as defined by the Family Educational Rights and Privacy Act. (Cal. Govt. Code §§ 6254(c)
and 6255, Rogers v. Superior Court (1993) 19 Cal. App. 4th 469; Times Mirror Co. v. Superior
Court (1991) 53 Cal. 3d 1325; and California First Amendment Coalition v. Superior Court (1989)
67 Cal. App. 4th 159)).
e Records or records or reports of ongoing investigations are not subject to disclosure. The public
interest in protecting an ongoing investigation clearly outweighs the public interest in disclosure
because disclosure might compromise the investigative process. Cal. Gov. Code § 6255; Wilson v.
Superior Court (1997) 51 Cal.App.4th 1136; see also, California First Amendment Coalition v.
Superior Court (1998) 67 Cal.App.4th 159.
e Preliminary drafts, notes or memoranda are exempt from disclosure, even after the investigation is
complete, so long as there is no custom or practice of retaining such records, and the public interest in
nondisclosure clearly outweighs the public interest in disclosure. Cal. Gov. Code § 6254(a); see also,
Citizens for a Better Environment v. Cal. Dept. of Food and Agriculture (1985) 171 Cal.App.3d 704.
Please consider these exemptions as you work to narrow your search terms.
You are welcome to contact me should you wish to discuss ways to effectively narrow your request to target identifiable
and responsive records. Once CSU receives a revised request, we will provide an initial acknowledgement letter.
Sincerely,
CO-PRA
From: A. Sameh El Kharbawy; Ph.D
Sent: Monday, May 14, 2018 3:02 PM
To: CO-PRA ; estherg@mail.fresnostate.edu
Cc: Eve Cervantez ; Zoe Palitz ; A. Sameh El
Kharbawy; Ph.D
Subject: California Public Records Act (CPRA) Request #CPRA-08-051418
Please see the attached California Public Records Act (CPRA) request #CPRA-08-051418
Your immediate attention is requested to ensure that all disclosable records, “writings,” evidence and communications involving
(and/or are in the possession of) Provost Lynnette Zelezny are promptly collected and fully disclosed, in light of her anticipated
departure from the CSU-Fresno campus (in the coming few weeks)— which must not hinder the lawful fulfillment of the attached
request.
Thank you.
c: Altshuler Berzon, LLC
Sincerely,
A. Sameh El Kharbawy
Ph.D, M.B.A, M. Arch, Assoc. AIA,
Preview
Jesse J. Maddox, Bar No. 219091 E-FILED jmaddox@lewlegal.com 9/17/2021 11:34 AM Nathan T. Jackson, Bar No. 285620 Superior Court of California njackson@lewlegal.com County of Fresno LIEBERT CASSIDY WHITMORE By: L Peterson, Deputy A Professional Law Corporation 5250 North Palm Ave, Suite 310 Fresno, California 93704 Telephone: 559.256.7800 Facsimile: 559.449.4535 Attorneys for Defendant BOARD OF TRUSTEES OF CALIFORNIA STATE UNIVERSITY SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF FRESNO 11 A. SAMEH EL KHARBAWY, Case No.: 21CECG02214 eo 12 Plaintiff, Complaint Filed: October 23, 2020 13 V, [ASSIGNED FOR ALL PURPOSES TO HON. KIMBERLY GAAB, DEPT. 503] 14 BOARD OF TRUSTEES OF CALIFORNIA STATE UNIVERSITY; DECLARATION OF ESTHER GONZALEZ IN 15 DARRYL L. HAMM, an individual; SUPPORT OF DEFENDANT BOARD OF BEEZ Es LYNNETTE ZELEZNY, an individual. 3: TRUSTEES OF CALIFORNIA STATE FES 16 JOSEPH I. CASTRO, an individual; UNIVERSITY’S SPECIAL MOTION TO < SAUL JIMENEZ-SANDOVAL, an STRIKE PLAINTIFF A. SAMEH EL 17 individual; XUANNING FU, an KHARBAWY’S COMPLAINT individual; AND DOES 1| through 50, 18 Defendant. 19 (*Exempt from filing fees pursuant to Gov. Code, § 6103.) 20 21 I, Esther Gonzalez, declare as follows: 22 1 Ihave personal knowledge of each matter stated herein, and if called upon to do so, 23 I could and would competently testify to each matter set forth herein. 24 2 Tam a Confidential Analyst at California State University, Fresno (“Fresno 25 State”). Fresno State has employed me in this capacity since October 1, 2013. One of my 26 responsibilities includes responding to Public Records Act Requests (“PRAR”) issued to Fresno 27 State. 28 3 In May of 2018, Plaintiff issued several PRARs to Fresno State, including Request 1 Declaration of Esther Gonzalez 9701805.1 FROO7-003 Nos. 01-051018, 02-051018, 03-051018, 04-051018, 05-05118, 06-05118, CPRA- 07-051418, 08-051418, 09-051418, 10-051818, 11-051818, 12-052118, and 13- 052118. A response to each of these requests was issued by the PRAR officer at the California State University Office of the Chancellor or by me. My last response was sent to Plaintiff on or about May 31, 2018. A true and correct copy of responses to the above-named requests are attached hereto as Exhibit 1. In general, responses either objected to Plaintiff's requests, asked Plaintiff to cooperate in narrowing the scope of his requests, noted that Plaintiff would be informed if any records were disclosed, and/or that he could inspect and copy 10 them. Plaintiff never followed up with me, and ultimately no documents were 11 disclosed to Plaintiff in response to these requests. 12 I declare under penalty of perjury under the laws of the state of California that the 3s Eas gs EELS 13 foregoing is true and correct. Sas EGO a3 Ses 14 Executed this 7% day of Seatembh e— 2021, at Fresno, California. 58s Ee se 15 cht Esther#FGonzalez &. oe as 3S 2? ag 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Declaration of Esther Gonzalez 9701805.1 FROO7-003 Exhibit 1 FRESNG STATE Esther Gonzalez RE: California Public Records Act (CPRA) Requests 1 message CO-PRA Fri, May 18, 2018 at 1:47 PM To: "A. Sameh El Kharbawy; Ph.D" , CO-PRA , “estherg@mail.fresnostate.edu" Cc: Eve Cervantez , Zoe Palitz Professor El Kharbawy, We received your three Public Records Act request sent on May 10, 2018. By this correspondence, the California State University responds on behalf of both the Chancellor’s Office and California State University, Fresno. I Re: CPRA 01-051018 Your first request, titled “CPRA 01-051018,” sought seven items. All of the items evolved around the law firms of Fagen, Friedman & Fulfrost and Wilke Fluery. You requested the contract/agreement and “writings” between the law firms and Fresno employees Interim VP for Faculty Affairs Rudolph Sanchez and Associate VP for Human Resources Marylou Medoza-Miller. You also requested “writings” between the university's attorney, Darryl Hamm, with his clients at the university. As you and your attorneys (cc’d on your request) are aware, any responsive documents would be protected from disclosure under attorney-client privilege, attorney work product, and deliberative process, and will not be produced. (Cal. Govt. Code §§ 6254(k) and 6255, Rogers v. Superior Court (1993) 19 Cal. App. 4th 469; Times Mirror Co. v. Superior Court (1991) 53 Cal. 3d 1325; and California First Amendment Coalition v. Superior Court (1989) 67 Cal. App. 4th 159)). Additionally, records or reports of ongoing investigations are not subject to disclosure. The public interest in protecting an ongoing investigation clearly outweighs the public interest in disclosure because disclosure might compromise the investigative process. Cal. Gov. Code § 6255; Wilson v. Superior Court (1997) 51 Cal.App.4th 1136; see also, California First Amendment Coalition v. Superior Court (1998) 67 Cal.App.4th 159. Preliminary drafts, notes or memoranda are exempt from disclosure, even after the investigation is complete, so long as there is no custom or practice of retaining such records, and the public interest in nondisclosure clearly outweighs the public interest in disclosure. Cal. Gov. Code § 6254(a); see also, Citizens fora Better Environment v. Cal. Dept. of Food and Agriculture (1985) 171 Cal.App.3d 704. I. Re: CPRA 02-051018 Your second request, titled “CPRA 02-051018,” sought “writings” with the following search terms: “Sameh,” “Kharbawy,” “Interior Design,” “ID,” “113,” “116,” “132T,” “150” and “152” created by, received from, sent to, or exchanged between Joseph Castro, Lynette Zelezny, Dennis Nef, Rudolph Sanchez, Marylou Medoza-Miller, Xuanning Fu, Saul Jiménez- Sandoval, Honora Chapman, Martin Valencia, and Holly Sowles from May 1, 2016 to present. Under California Government Code §6253, CSU will conduct a reasonable search for records and make available those that are disclosable. CSU will exempt from production any records, or portions of any records, that are protected by attorney-client privilege, attorney work product, deliberative process, or that constitute personnel files, the disclosure of which would constitute an unwarranted invasion of privacy, or that constitute student education records as defined by the Family Educational Rights and Privacy Act. (Cal. Govt. Code §§ 6254(c) & (k) and 6255, Rogers v. Superior Court (1993) 19 Cal. App. 4th 469; Times Mirror Co. v. Superior Court (1991) 53 Cal. 3d 1325; and California First Amendment Coalition v. Superior Court (1989) 67 Cal. App. 4th 159)). Additionally, records or reports of ongoing investigations are not subject to disclosure. The public interest in protecting an ongoing investigation clearly outweighs the public interest in disclosure because disclosure might compromise the investigative process. Cal. Gov. Code § 6255; Wilson v. Superior Court (1997) 51 Cal.App.4th 1136; see also, California First Amendment Coalition v. Superior Court (1998) 67 Cal.App.4th 159. Preliminary drafts, notes or memoranda are exempt from disclosure, even after the investigation is complete, so long as there is no custom or practice of retaining such records, and the public interest in nondisclosure clearly outweighs the public interest in disclosure. Cal. Gov. Code § 6254(a); see also, Citizens for a Better Environment v. Cal. Dept. of Food and Agriculture (1985) 171 Cal.App.3d 704. Ml. Re: CPRA 04-051018 Your third request, titled “CPRA 04-051018,” sought “writings” with the following search terms: “Interior Design,” “Search,” “Search Committee,” “Holly,” “Sowles,” “Shane,” “Moreman,” “BS,” “Oklahoma,” “Central Oklahoma,” “resume,” “résume,” “LinkedIn” created by, received from, sent to, or exchanged between Joseph Castro, Lynette Zelezny, Dennis Nef, Rudolph Sanchez, Marylou Medoza-Miller, Xuanning Fu, Saul Jiménez-Sandoval, Honora Chapman, Martin Valencia, and Holly Sowles from February 1, 2016 to present. Your search terms are overbroad and need to be to reframed. As it stands, these Fresno State administrators, including the president, human resources managers, and faculty, fill positions throughout the campus. Your search parameters need to be specific as to position or department to be meaningful. Once you have narrowed the search, CSU will conduct a reasonable search under California Government Code §6253 for records and make available those that are disclosable. CSU will exempt from production any records, or portions of any records, that are protected by attorney-client privilege, attorney work product, deliberative process, or that constitute personnel files, the disclosure of which would constitute an unwarranted invasion of privacy, or that constitute student education records as defined by the Family Educational Rights and Privacy Act. (Cal. Govt. Code §§ 6254(c) & (k) and 6255, Rogers v. Superior Court (1993) 19 Cal. App. 4th 469; Times Mirror Co. v. Superior Court (1991) 53 Cal. 3d 1325; and California First Amendment Coalition v. Superior Court (1989) 67 Cal. App. 4th 159)). Additionally, records or reports of ongoing investigations are not subject to disclosure. The public interest in protecting an ongoing investigation clearly outweighs the public interest in disclosure because disclosure might compromise the investigative process. Cal. Gov. Code § 6255; Wilson v. Superior Court (1997) 51 Cal.App.4th 1136; see also, California First Amendment Coalition v. Superior Court (1998) 67 Cal.App.4th 159. Preliminary drafts, notes or memoranda are exempt from disclosure, even after the investigation is complete, so long as there is no custom or practice of retaining such records, and the public interest in nondisclosure clearly outweighs the public interest in disclosure. Cal. Gov. Code § 6254(a); see also, Citizens for a Better Environment v. Cal. Dept. of Food and Agriculture (1985) 171 Cal.App.3d 704. In closing, we will let you know when we have gathered all of the records. It will be necessary to redact from them any personal and otherwise privileged information before they can be made available to you. If you wish to inspect the records at Fresno State, we will schedule a mutually convenient date and time. If you wish to receive copies instead, CSU may charge the direct cost of duplication (20 cents per page). We will advise you when the records are located as to the exact number of pages upon which any charge will be based. We will require full payment before we begin the redaction and duplication process. Sincerely, CO-PRA From: A. Sameh El Kharbawy; Ph.D Sent: Thursday, May 10, 2018 8:18 AM To: CO-PRA ; estherg@mail.fresnostate.edu Cc: Eve Cervantez ; Zoe Palitz ; A. Sameh El Kharbawy; Ph.D Subject: California Public Records Act (CPRA) Requests Please see the attached California Public Records Act (CPRA) requests. Your immediate attention is requested to ensure that all disclosable records, “writings,” evidence and communications involving (and/or are in the possession of) Provost Lynnette Zelezny are promptly collected and fully disclosed, in light of her anticipated departure from the CSU-Fresno campus (in the coming few weeks) which must not obstruct, disrupt or interfere with the lawful fulfillment of the attached requests. Thank you. c: Altshuler Berzon, LLC A. Sameh El Kharbawy Ph.D, M.B.A, M. Arch, Assoc. AIA, IDEC, Allied ASID, Assoc. IIDA, USGBC-CC Professor STAT. ew Ly fRESN Confidentiality Notice: This communication with its contents contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use, or disclosure (including forwarding) is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication. 3 attachments 2 CPRA-01-051018.pdf 85K a CPRA-02-051018.pdf 82K CPRA-04-051018.pdf a 82K FRESNG STATE Esther Gonzalez PRA 18-50: California Public Records Act (CPRA) Request 1 message Esther Gonzalez Fri, May 18, 2018 at 4:00 PM To: "A. Sameh El Kharbawy, Ph.D" Cc: Eve Cervantez , Zoe Palitz Dear Professor El Kharbawy: Pursuant to the California Public Records Act, | am responding to your request received on May 10, 2018, for the items outlined in your third request, titled CPRA 03-051018. The request seeks copies of “writings” containing any of the mae following words: “Sameh,” “Kharbawy,” ElKharbawy,” “institute,” “sustainability, innovation,” created by, received from, sent to, or exchanged between Joseph Castro, Lynette Zelezny, Dennis Nef, Rudolph Sanchez, Marylou Medoza-Miller, Xuanning Fu, Satil Jiménez-Sandoval, and Honora Chapman from August 17, 2015 to present. ma, As stated, your request is overbroad and needs to be reframed. Search terms such as “institute, ‘sustainability,” and “innovation” are very general and not only might they increase the results of the search but may also cover any number of situations not pertaining to the information you seek. Additionally, identification and collection of all the documents requested under these search terms would be extremely burdensome. Please provide additional specificity or consider making the request more focused to allow the university to locate records reflecting the specific information you seek. Once you have narrowed the search, CSU will conduct a reasonable search under California Government Code §6253 for records and make available those that are disclosable. CSU will exempt from production any records, or portions of any records, that are protected by attorney-client privilege, attorney work product, deliberative process, or that constitute personnel files, the disclosure of which would constitute an unwarranted invasion of privacy, or that constitute student education records as defined by the Family Educational Rights and Privacy Act. (Cal. Govt. Code §§ 6254(c) & (k) and 6255, Rogers v. Superior Court (1993) 19 Cal. App. 4th 469; Times Mirror Co. v. Superior Court (1991) 53 Cal. 3d 1325; and California First Amendment Coalition v. Superior Court (1989) 67 Cal. App. 4th 159)). Moreover, records or reports of ongoing investigations are not subject to disclosure. The public interest in protecting an ongoing investigation clearly outweighs the public interest in disclosure because disclosure might compromise the investigative process. Cal. Gov. Code § 6255; Wilson v. Superior Court (1997) 51 Cal.App.4th 1136; see also, California First Amendment Coalition v. Superior Court (1998) 67 Cal.App.4th 159. Preliminary drafts, notes or memoranda are exempt from disclosure, even after the investigation is complete, so long as there is no custom or practice of retaining such records, and the public interest in nondisclosure clearly outweighs the public interest in disclosure. Cal. Gov. Code § 6254(a); see also, Citizens for a Better Environment v. Cal. Dept. of Food and Agriculture (1985) 171 Cal.App.3d 704. We will let you know when we have gathered all of the records. It will be necessary to redact from them any personal and otherwise privileged information before they can be made available to you. You may inspect the records by scheduling a mutually convenient date and time. If you wish to receive copies instead, the CSU standard duplication rate has been established at 20 cents per page, irrespective of whether records are produced in hard or electronic format. We will advise you when the records are located as to the exact number of pages upon which any charge will be based. We will require full payment before we begin the redaction and duplication process. Sincerely, Esther Esther Gonzalez Office of the Vice President for Administration California State University, Fresno 5200 N. Barton, ML 52 Fresno, CA 93740 Phone: 559.278.7461 On Thu, May 10, 2018 at 8:18 AM, A. Sameh El Kharbawy; Ph.D wrote: Ms. Gonzalez, Please see the attached California Public Records Act (CPRA) requests. Your immediate attention is requested to ensure that all disclosable records, “writings,” evidence and communications involving (and/or are in the possession of) Provost Lynnette Zelezny are promptly collected and fully disclosed, in light of her anticipated departure from the CSU-Fresno campus (in the coming few weeks) which must not obstruct, disrupt or interfere with the lawful fulfillment of the attached request. Thank you. c: Altshuler Berzon, LLC Sincerely, A. Sameh El Kharbawy Ph.D, M.B.A, M. Arch, Assoc. AIA, IDEC, Allied ASID, Assoc. IIDA, USGBC-CC. Professor Confidentiality Notice: This communication with its contents contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use, or disclosure (including forwarding) is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication. FRESNG STATE Esther Gonzalez RE: California Public Records Act (CPRA) Requests 1 message CO-PRA Mon, May 21, 2018 at 1:23 PM To: "A. Sameh El Kharbawy; Ph.D" , "estherg@mail.fresnostate.edu" Cc: Eve Cervantez , Zoe Palitz , CO-PRA Professor El Kharbawy, For your request 04-051018, California State University also acknowledges your request for “any and all “writings,” documents and discoverable records related to any and all faculty searches) conducted for faculty in the Interior Design program (Department of Art and Design) from August 17, 2014 to December 2015, and from February 2016 to the present.” The Chancellor’s Office and California State University, Fresno, incorporates the same objections as noted for request CPRA-04-051018 below. Sincerely, CO-PRA From: CO-PRA Sent: Friday, May 18, 2018 1:48 PM To: A. Sameh El Kharbawy; Ph.D ; CO-PRA ; estherg@mail.fresnostate.edu Cc: Eve Cervantez ; Zoe Palitz Subject: RE: California Public Records Act (CPRA) Requests Professor El Kharbawy, We received your three Public Records Act request sent on May 10, 2018. By this correspondence, the California State University responds on behalf of both the Chancellor’s Office and California State University, Fresno. | Re: CPRA 01-051018 Your first request, titled “CPRA 01-051018,” sought seven items. All of the items evolved around the law firms of Fagen, Friedman & Fulfrost and Wilke Fluery. You requested the contract/agreement and “writings” between the law firms and Fresno employees Interim VP for Faculty Affairs Rudolph Sanchez and Associate VP for Human Resources Marylou Medoza-Miller. You also requested “writings” between the university's attorney, Darryl Hamm, with his clients at the university. As you and your attorneys (cc’d on your request) are aware, any responsive documents would be protected from disclosure under attorney-client privilege, attorney work product, and deliberative process, and will not be produced. (Cal. Govt. Code §§ 6254(k) and 6255, Rogers v. Superior Court (1993) 19 Cal. App. 4th 469; Times Mirror Co. v. Superior Court (1991) 53 Cal. 3d 1325; and California First Amendment Coalition v. Superior Court (1989) 67 Cal. App. 4th 159)). Additionally, records or reports of ongoing investigations are not subject to disclosure. The public interest in protecting an ongoing investigation clearly outweighs the public interest in disclosure because disclosure might compromise the investigative process. Cal. Gov. Code § 6255; Wilson v. Superior Court (1997) 51 Cal.App.4th 1136; see also, California First Amendment Coalition v. Superior Court (1998) 67 Cal.App.4th 159. Preliminary drafts, notes or memoranda are exempt from disclosure, even after the investigation is complete, so long as there is no custom or practice of retaining such records, and the public interest in nondisclosure clearly outweighs the public interest in disclosure. Cal. Gov. Code § 6254(a); see also, Citizens for a Better Environment v. Cal. Dept. of Food and Agriculture (1985) 171 Cal.App.3d 704. I. Re: CPRA 02-051018 Your second request, titled “CPRA 02-051018,” sought “writings” with the following search terms: “Sameh,” “Kharbawy,” “Interior Design,” “ID,” “113,” “116,” “132T,” “150” and “152” created by, received from, sent to, or exchanged between Joseph Castro, Lynette Zelezny, Dennis Nef, Rudolph Sanchez, Marylou Medoza-Miller, Xuanning Fu, Saul Jiménez- Sandoval, Honora Chapman, Martin Valencia, and Holly Sowles from May 1, 2016 to present. Under California Government Code §6253, CSU will conduct a reasonable search for records and make available those that are disclosable. CSU will exempt from production any records, or portions of any records, that are protected by attorney-client privilege, attorney work product, deliberative process, or that constitute personnel files, the disclosure of which would constitute an unwarranted invasion of privacy, or that constitute student education records as defined by the Family Educational Rights and Privacy Act. (Cal. Govt. Code §§ 6254(c) & (k) and 6255, Rogers v. Superior Court (1993) 19 Cal. App. 4th 469; Times Mirror Co. v. Superior Court (1991) 53 Cal. 3d 1325; and California First Amendment Coalition v. Superior Court (1989) 67 Cal. App. 4th 159)). Additionally, records or reports of ongoing investigations are not subject to disclosure. The public interest in protecting an ongoing investigation clearly outweighs the public interest in disclosure because disclosure might compromise the investigative process. Cal. Gov. Code § 6255; Wilson v. Superior Court (1997) 51 Cal.App.4th 1136; see also, California First Amendment Coalition v. Superior Court (1998) 67 Cal.App.4th 159. Preliminary drafts, notes or memoranda are exempt from disclosure, even after the investigation is complete, so long as there is no custom or practice of retaining such records, and the public interest in nondisclosure clearly outweighs the public interest in disclosure. Cal. Gov. Code § 6254(a); see also, Citizens for a Better Environment v. Cal. Dept. of Food and Agriculture (1985) 171 Cal.App.3d 704. Ml. Re: CPRA 04-051018 Your third request, titled “CPRA 04-051018,” sought “writings” with the following search terms: “Interior Design,” “Search,” “Search Committee,” “Holly,” “Sowles,” “Shane,” “Moreman,” “BS,” “Oklahoma,” “Central Oklahoma,” “resume,” “résume,” “LinkedIn” created by, received from, sent to, or exchanged between Joseph Castro, Lynette Zelezny, Dennis Nef, Rudolph Sanchez, Marylou Medoza-Miller, Xuanning Fu, Saul Jiménez-Sandoval, Honora Chapman, Martin Valencia, and Holly Sowles from February 1, 2016 to present. Your search terms are overbroad and need to be to reframed. As it stands, these Fresno State administrators, including the president, human resources managers, and faculty, fill positions throughout the campus. Your search parameters need to be specific as to position or department to be meaningful. Once you have narrowed the search, CSU will conduct a reasonable search under California Government Code §6253 for records and make available those that are disclosable. CSU will exempt from production any records, or portions of any records, that are protected by attorney-client privilege, attorney work product, deliberative process, or that constitute personnel files, the disclosure of which would constitute an unwarranted invasion of privacy, or that constitute student education records as defined by the Family Educational Rights and Privacy Act. (Cal. Govt. Code §§ 6254(c) & (k) and 6255, Rogers v. Superior Court (1993) 19 Cal. App. 4th 469; Times Mirror Co. v. Superior Court (1991) 53 Cal. 3d 1325; and California First Amendment Coalition v. Superior Court (1989) 67 Cal. App. 4th 159)). Additionally, records or reports of ongoing investigations are not subject to disclosure. The public interest in protecting an ongoing investigation clearly outweighs the public interest in disclosure because disclosure might compromise the investigative process. Cal. Gov. Code § 6255; Wilson v. Superior Court (1997) 51 Cal.App.4th 1136; see also, California First Amendment Coalition v. Superior Court (1998) 67 Cal.App.4th 159. Preliminary drafts, notes or memoranda are exempt from disclosure, even after the investigation is complete, so long as there is no custom or practice of retaining such records, and the public interest in nondisclosure clearly outweighs the public interest in disclosure. Cal. Gov. Code § 6254(a); see also, Citizens fora Better Environment v. Cal. Dept. of Food and Agriculture (1985) 171 Cal.App.3d 704. In closing, we will let you know when we have gathered all of the records. It will be necessary to redact from them any personal and otherwise privileged information before they can be made available to you. If you wish to inspect the records at Fresno State, we will schedule a mutually convenient date and time. If you wish to receive copies instead, CSU may charge the direct cost of duplication (20 cents per page). We will advise you when the records are located as to the exact number of pages upon which any charge will be based. We will require full payment before we begin the redaction and duplication process. Sincerely, CO-PRA From: A. Sameh El Kharbawy; Ph.D Sent: Thursday, May 10, 2018 8:18 AM To: CO-PRA ; estherg@mail.fresnostate.edu Cc: Eve Cervantez ; Zoe Palitz ; A. Sameh El Kharbawy; Ph.D Subject: California Public Records Act (CPRA) Requests Please see the attached California Public Records Act (CPRA) requests. Your immediate attention is requested to ensure that all disclosable records, “writings,” evidence and communications involving (and/or are in the possession of) Provost Lynnette Zelezny are promptly collected and fully disclosed, in light of her anticipated departure from the CSU-Fresno campus (in the coming few weeks) which must not obstruct, disrupt or interfere with the lawful fulfillment of the attached requests. Thank you. c: Altshuler Berzon, LLC A. Sameh El Kharbawy Ph.D, M.B.A, M. Arch, Assoc. AIA, IDEC, Allied ASID, Assoc. IIDA, USGBC-CC Professor STATE ay a ERES NO Confidentiality Notice: This communication with its contents contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use, or disclosure (including forwarding) is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication. FRESNG STATE Esther Gonzalez PRA 18-51: California Public Records Act (CPRA) Requests 1 message Esther Gonzalez Mon, May 21, 2018 at 5:35 PM To: "A. Sameh El Kharbawy, Ph.D" Cc: Eve Cervantez , Zoe Palitz Dear Professor El Kharbawy: Pursuant to the California Public Records Act, | am responding to your request received on May 11, 2018, for the items outlined in your fifth request, titled CPRA 05-051118. The request seeks copies of “writings” containing any of the following words: “Middle East,” “Middle East Studies,” “Edward,” “Said," “Randa,” “Jarrar,” “Arab,” “Palestinian,” “discrimination, “ “racism,” created by, received from, sent to, or exchanged between Colleen Flaherty, Joseph Castro, Lynnette Zelezny, Dennis Nef, Rudolph Sanchez, Saul Jiménez-Sandoval, Honora Chapman, Vida Samiian, Randa Jarrar, and Joe Parks from January 1, 2016 to the present. As stated, your request is overbroad and needs to be reframed. Search terms such as “said,” “discrimination,” and “racism” are general and not only might they increase the results of the search but may also cover any number of situations not pertaining to the information you seek. Additionally, identification and collection of all the documents requested under these search terms would be extremely burdensome. Please provide additional specificity or consider making the request more focused to allow the university to locate records reflecting the specific information you seek. Once you have narrowed the search, CSU will conduct a reasonable search under California Government Code §6253 for records and make available those that are disclosable. CSU will exempt from production any records, or portions of any records, that are protected by attorney-client privilege, attorney work product, deliberative process, or that constitute personnel files, the disclosure of which would constitute an unwarranted invasion of privacy, or that constitute student education records as defined by the Family Educational Rights and Privacy Act. (Cal. Govt. Code §§ 6254(c) & (k) and 6255, Rogers v. Superior Court (1993) 19 Cal. App. 4th 469; Times Mirror Co. v. Superior Court (1991) 53 Cal. 3d 1325; and California First Amendment Coalition v. Superior Court (1989) 67 Cal. App. 4th 159)). Additionally, records or reports of ongoing investigations are not subject to disclosure. The public interest in protecting an ongoing investigation clearly outweighs the public interest in disclosure because disclosure might compromise the investigative process. Cal. Gov. Code § 6255; Wilson v. Superior Court (1997) 51 Cal.App.4th 1136; see also, California First Amendment Coalition v. Superior Court (1998) 67 Cal.App.4th 159. Preliminary drafts, notes or memoranda are exempt from disclosure, even after the investigation is complete, so long as there is no custom or practice of retaining such records, and the public interest in nondisclosure clearly outweighs the public interest in disclosure. Cal. Gov. Code § 6254(a); see also, Citizens for a Better Environment v. Cal. Dept. of Food and Agriculture (1985) 171 Cal.App.3d 704. We will let you know when we have gathered all of the records. It will be necessary to redact from them any personal and otherwise privileged information before they can be made available to you. You may inspect the records by scheduling a mutually convenient date and time. If you wish to receive copies instead, the CSU standard duplication rate has been established at 20 cents per page, irrespective of whether records are produced in hard or electronic format. We will advise you when the records are located as to the exact number of pages upon which any charge will be based. We will require full payment before we begin the redaction and duplication process. Sincerely, Esther Esther Gonzalez Office of the Vice President for Administration California State University, Fresno 5200 N. Barton, ML 52 Fresno, CA 93740 Phone: 559.278.7461 On Fri, May 11, 2018 at 2:06 PM, A. Sameh El Kharbawy; Ph.D wrote: Ms. Gonzalez, Please see the attached California Public Records Act (CPRA) requests. Your immediate attention is requested to ensure that all disclosable records, “writings,” evidence and communications involving (and/or are in the possession of) Provost Lynnette Zelezny are promptly collected and fully disclosed, in light of her anticipated departure from the CSU-Fresno campus (in the coming few weeks) which must not obstruct, disrupt or interfere with the lawful fulfillment of the attached request. Thank you. c: Altshuler Berzon, LLC Sincerely, A. Sameh El Kharbaw Ph.D, M.B.A, M. Arch, Assoc. AIA, IDEC, Allied ASID, Assoc. IIDA, USGBC-CC Professor Confidentiality Notice: This communication with its contents contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use, or disclosure (including forwarding) is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication. FRESNG STATE Esther Gonzalez PRA 18-52: California Public Records Act (CPRA) Requests 1 message Esther Gonzalez Mon, May 21, 2018 at 5:41 PM To: "A. Sameh El Kharbawy, Ph.D" Cc: Eve Cervantez , Zoe Palitz Dear Professor El Kharbawy: Pursuant to the California Public Records Act, | am responding to your request received on May 11, 2018, for the items outlined in your fifth request, titled CPRA 05-051118. The request seeks copies of “writings” containing any of the following words: “Interior Design”, “ID”, “accreditation”, “CIDA”, “Council for Interior Design Accreditation” created by, received from, sent to, or exchanged between Joseph Castro, Lynnette Zelezny, Dennis Nef, Rudolph Sanchez, Saul Jiménez-Sandoval, Honora Chapman, Martin Valencia, Holly Sowles, and Silvana Polgar from January 1, 2016 to the present. CSU will conduct a reasonable search under California Government Code §6253 for records and make available those that are disclosable. CSU will exempt from production any records, or portions of any records, that are protected by attorney-client privilege, attorney work product, deliberative process, or that constitute personnel files, the disclosure of which would constitute an unwarranted invasion of privacy, or that constitute student education records as defined by the Family Educational Rights and Privacy Act. (Cal. Govt. Code §§ 6254(c) & (k) and 6255, Rogers v. Superior Court (1993) 19 Cal. App. 4th 469; Times Mirror Co. v. Superior Court (1991) 53 Cal. 3d 1325; and California First Amendment Coalition v. Superior Court (1989) 67 Cal. App. 4th 159)). Additionally, records or reports of ongoing investigations are not subject to disclosure. The public interest in protecting an ongoing investigation clearly outweighs the public interest in disclosure because disclosure might compromise the investigative process. Cal. Gov. Code § 6255; Wilson v. Superior Court (1997) 51 Cal.App.4th 1136; see also, California First Amendment Coalition v. Superior Court (1998) 67 Cal.App.4th 159. Preliminary drafts, notes or memoranda are exempt from disclosure, even after the investigation is complete, so long as there is no custom or practice of retaining such records, and the public interest in nondisclosure clearly outweighs the public interest in disclosure. Cal. Gov. Code § 6254(a); see also, Citizens for a Better Environment v. Cal. Dept. of Food and Agriculture (1985) 171 Cal.App.3d 704. We will let you know when we have gathered all of the records. It will be necessary to redact from them any personal and otherwise privileged information before they can be made available to you. You may inspect the records by scheduling a mutually convenient date and time. If you wish to receive copies instead, the CSU standard duplication rate has been established at 20 cents per page, irrespective of whether records are produced in hard or electronic format. We will advise you when the records are located as to the exact number of pages upon which any charge will be based. We will require full payment before we begin the redaction and duplication process. Sincerely, Esther Esther Gonzalez Office of the Vice President for Administration California State University, Fresno 5200 N. Barton, ML 52 Fresno, CA 93740 Phone: 559.278.7461 las On Fri, May 11, 2018 at 2:06 PM, A. Sameh El Kharbawy; Ph.D wrote: Ms. Gonzalez, Please see the attached California Public Records Act (CPRA) requests. Your immediate attention is requested to ensure that all disclosable records, “writings,” evidence and communications involving (and/or are in the possession of) Provost Lynnette Zelezny are promptly collected and fully disclosed, in light of her anticipated departure from the CSU-Fresno campus (in the coming few weeks) which must not obstruct, disrupt or interfere with the lawful fulfillment of the attached request. Thank you. c: Altshuler Berzon, LLC Sincerely, A. Sameh El Kharbawy Ph.D, M.B.A, M. Arch, Assoc. AIA, IDEC, Allied ASID, Assoc. IIDA, USGBC-CC Professor Confidentiality Notice: This communication with its contents contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use, or disclosure (including forwarding) is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication. Via Email Office of General Counsel The California State University, Office of the Chancellor 401 Golden Shore, Fourth Floor Long Beach, California 90802-4210 co-pra@calstate.edu May 14, 2018 Re: Public Records Act Request #07-051418 Pursuant to the California Public Records Act, I am writing to request a copy of the records detailed below: 1 All “writings” (as that term is defined under California Evidence Code §250), documents, discoverable records, and communications, electronic and otherwise, containing any of the following words: “kharbawy og> Elkharbawy 366> ‘Sameh”, “Interior 2 «e Design”, “Search”, “Search Committee”, “Holly > Sowles”, “Shane”, “Moreman”, “Lori”, “Lamb”, “BS”, “Oklahoma”, “Central Oklahoma”, “resume”, “résumé”, “LinkedIn”, which were created by, received from, sent to, or exchanged between the individuals/entities named below, from April 1, 2016 to the present: Timothy White (Chancellor, California State University, CSU), Melissa Bard (Vice Chancellor for Human Resources, CSU), Linda Hanson (Assistant Vice Chancellor, Human Resources, CSU), Cynthia Convey (Internal Investigations, Human Resources, CSU), The Equal Opportunity/Title IX/Compliance office, CSU, Janice Parten (former Associate Vice President for Human Resources, CSU-Fresno), g Marylou Mendoza Miller (Associate Vice President for Human Resources, CSU-Fresno), h Holly Sowles (Department of Art and Design, CSU-Fresno). Please note that this request covers, but is not limited to, all documents and communications created, received or stored on computers, communication devices (such as telephones, tablets, etc.) and/or the servers on which they were created or existed. This includes all emails created by, received from or exchanged between by the following email addresses: twhite@calstate.edu, mbard@calstate.edu, llamb@calstate.edu, lhanson@calstate.edu, eo-wbappeals@calstate.edu, cconvey@calstate.edu, jparten@csufresno.edu, maryloum@csufresno.edu, maryloum@mail.fresnostate.edu, hsowles@csufresno.edu, hsowles@ mail.fresnostate.edu, and all other email addresses/aliases used by the above-named individuals during the above-mentioned period. 2 A copy of any and all “writings” (as that term is defined under California Evidence Code §250), documents, communications (electronic and otherwise) and discoverable records related to any complaints (including any whistleblower complaints) filed by, or on behalf of A. Sameh El Kharbawy from April 1, 2016 to the present. CPRA Request 07-051418 May 14, 2018 Page 2 of 2 Please note that the Public Records Act allows a member of the public to request records by describing their content, rather than asking for specific documents by name; an agency that receives such a request must “search for records based on criteria set forth in the search request. ol This request applies to all communications in the University’s possession, including any communications created or received by University employees, students or members of the public. Please provide entire documents, even if only parts of them are responsive to this request. If you maintain records or data in electronic format, please provide them in that same format to avoid copying costs.” If you are unable to reproduce electronic records in electronic form, please provide a reason for doing so. The California Public Records Act requires that you respond to this request within ten (10) days’, either by providing all the requested records or by providing a written response setting forth the legal authority for withholding or redacting any document and stating when the documents will be made available.‘ If you anticipate encountering any practical difficulties in fulfilling this request, pursuant to section 6253.1 of the Government Code, I request that you “provide suggestions for overcoming any practical basis for denying access to the records or information sought.” If you require any clarification in identifying responsive documents or focusing this request’, please contact me at aelkharbawy@csufresno.edu. Please send all records responsive to this request to: Dr. A. Sameh El Kharbawy PO Box 5335 Fresno, CA 93755-5335 aelkharbawy@csufresno.edu Please let me know if there is any other information that would assist you with this matter. Sincerely, /S/ A. Sameh El Kharbawy Ce: Eve Cervantez and Zoe Palitz, Altshuler Berzon, LLP (by email) ' California First Amendment Coalition v. Superior Court, 67 Cal. App. 4th 159, 165-66, (1998) > Gov't. Code § 6253.9. > Gov't. Code § 6253(c). “Gov't. Code §§ 6253(c), 6255. * Gov't. Code § 6253.1. FRESNG STATE Esther Gonzalez RE: California Public Records Act (CPRA) Request #CPRA-08-051418 1 message CO-PRA Thu, May 24, 2018 at 3:44 PM To: "A. Sameh El Kharbawy; Ph.D" , CO-PRA , “estherg@mail.fresnostate.edu" Cc: Eve Cervantez , Zoe Palitz Professor El Kharbawy, We received your Public Records Act request sent on May 14, 2018, labeled 08-051418. By this correspondence, the California State University responds on behalf of both the Chancellor’s Office and California State University, Fresno. You requested “writings” with the following search terms: “kharbawy,” “Elkharbawy,” “Sameh,” “Interior Design,” “Dean,” “Gordon,” “Kevin,” and “Schwinn,” created by, received from, sent to, or exchanged between Joseph Castro, Lynette Zelezny, Kirsten Corey, Natacha Thompson, Janice Parten, and Marylou Mendoza-Miller from December 1, 2014 to the present. Your search terms are overly broad and would result in the necessary review of thousands of documents—most of which will return unrelated results and many of which would not be subject to disclosure under the Public Records Act. As required by California Government Code Section § 6253.1, we would like to work with you to narrow your search terms to arrive at reasonably identifiable records. As a preliminary matter, we ask that you review your existing search terms and delete general, non-specific terms. Additionally, as CSU has noted in its responses to previous record requests, certain documents we believe you seeking are exempt from production under the Public Records Act. For example, CSU will exempt from production: e Records, or portions of any records, that are protected by attorney-client privilege, attorney work product. (Cal. Govt. Code § 6254(k)). e Records that constitute deliberative process, or that constitute personnel files, the disclosure of which would constitute an unwarranted invasion of privacy, or that constitute student education records as defined by the Family Educational Rights and Privacy Act. (Cal. Govt. Code §§ 6254(c) and 6255, Rogers v. Superior Court (1993) 19 Cal. App. 4th 469; Times Mirror Co. v. Superior Court (1991) 53 Cal. 3d 1325; and California First Amendment Coalition v. Superior Court (1989) 67 Cal. App. 4th 159)). e Records or records or reports of ongoing investigations are not subject to disclosure. The public interest in protecting an ongoing investigation clearly outweighs the public interest in disclosure because disclosure might compromise the investigative process. Cal. Gov. Code § 6255; Wilson v. Superior Court (1997) 51 Cal.App.4th 1136; see also, California First Amendment Coalition v. Superior Court (1998) 67 Cal.App.4th 159. e Preliminary drafts, notes or memoranda are exempt from disclosure, even after the investigation is complete, so long as there is no custom or practice of retaining such records, and the public interest in nondisclosure clearly outweighs the public interest in disclosure. Cal. Gov. Code § 6254(a); see also, Citizens for a Better Environment v. Cal. Dept. of Food and Agriculture (1985) 171 Cal.App.3d 704. Please consider these exemptions as you work to narrow your search terms. You are welcome to contact me should you wish to discuss ways to effectively narrow your request to target identifiable and responsive records. Once CSU receives a revised request, we will provide an initial acknowledgement letter. Sincerely, CO-PRA From: A. Sameh El Kharbawy; Ph.D Sent: Monday, May 14, 2018 3:02 PM To: CO-PRA ; estherg@mail.fresnostate.edu Cc: Eve Cervantez ; Zoe Palitz ; A. Sameh El Kharbawy; Ph.D Subject: California Public Records Act (CPRA) Request #CPRA-08-051418 Please see the attached California Public Records Act (CPRA) request #CPRA-08-051418 Your immediate attention is requested to ensure that all disclosable records, “writings,” evidence and communications involving (and/or are in the possession of) Provost Lynnette Zelezny are promptly collected and fully disclosed, in light of her anticipated departure from the CSU-Fresno campus (in the coming few weeks)— which must not hinder the lawful fulfillment of the attached request. Thank you. c: Altshuler Berzon, LLC Sincerely, A. Sameh El Kharbawy Ph.D, M.B.A, M. Arch, Assoc. AIA,