Subject: Re: Public Records Request
To: "Peter B Gilkey"
From: Bill Harbaugh
Date: Fri, 11 Dec 2009 07:11:28

sure thing Peter

Bill Harbaugh http://harbaugh.uoregon.edu

On Dec 11, 2009, at 1:32 , Peter B Gilkey wrote:

Dear Bill.

Do I have your permission to post this thread of correspondence on the web?

PBG

On Fri, 11 Dec 2009 00:54:41 +0100, Bill Harbaugh wrote:

Hi Doug and Melinda -

I'm not a lawyer, and this shouldn't be taken as legal advice to you, but it's my understanding from the AG's Public Records and Meeting Manual - now conveniently posted online at http://www.doj.state.or.us/public_records/manual.shtml - that state agencies cannot use the PR process to get records from another agency nor can state officials do so in their official capacity.

I think the presumption is that documents would simply be shared as a matter of course, without resorting to this somewhat adversarial process.

Given this, at this point it's probably simplest for you to treat this as a personal request from Peter, rather than as a request from him in his role as Senate President. Let me know if you have any additional questions about this.

I look forward to seeing these documents, and thanks again for your help,

Bill Harbaugh http://harbaugh.uoregon.edu

Peter - I'll be sure to spent that $14.79 carefully, thanks. In this town it will go far. I really appreciate your efforts to post all this on the web!

On Dec 11, 2009, at 0:00 , Peter B Gilkey wrote:

Dear Bill.

All the correspondence is on the web concerning this matter.
http://www.uoregon.edu/~uosenate/dirsen090/Gilkey4Dec09.html
http://www.uoregon.edu/~uosenate/dirsen090/Gilkey-c10Dec09.html

My original letter stated 'If you can provide me with any additional supporting evidence for your Memo concerning US09/10-7 relatively easily...." and was signed "Peter B Gilkey President 2009/10 UO Senate" . The receipt 12/10/09 that I posted on the web is made out to Peter Gilkey, University of Oregon Senate President. So I think that makes it clear that I was acting in my capacity as President of the UO Senate.

I most respectfully request that you don't send me a check as that will simply put me to the bother of having to return said check. I also request that you let me post this email correspondence as I really do want to keep EVERYTHING related to this available online.

My ancestors were scots. But they had a keen sense of humor.

PBG

On Thu, 10 Dec 2009 22:33:33 +0100, Bill Harbaugh wrote:

On Dec 10, 2009, at 21:22 , Peter Gilkey:

Dear Bill.

The public information request process continues to proceed. I paid the fee this morning but it will probably be until January (if then) before anything arrives. I'll keep you posted. PBG

http://www.uoregon.edu/~uosenate/dirsen090/Gilkey-c10Dec09.html

Hi Peter -

If you have no objections I will write you a check for this when I get back from Zurich - while understanding that you may prefer not to cash it, despite your genetic heritage. I appreciate your work on this, and I don't want to feel in debt to you any more than necessary.

In similar situations, the DOJ typically gives the agency 5 working days to provide the documents after payment. I wouldn't be surprised to see these as soon as Dec 17.

I am curious as to why you made a personal public records request for these documents, rather than requesting them from Melinda in your position as Senate President. If this was the result of talks you had with Melinda or others in the GC office, I'd appreciate it if you could send me a summary of the conversation(s), so that I can understand this better.

Doug -

I'd appreciate it if you could cc me when you send the pdf of these documents to Peter - I'm happy to pay the marginal cost of that. You can bill me.

Michael (newly appointed DOJ Government Transparency Counsel):

This is just an FYI. These documents are the DOJ billing statements and other supporting material Melinda used in preparing the attached memo, in which she quotes a DOJ to UO billing total of $36,412.60 for my PRO's, and then argues that "If the University's staff time were added into the calculus, the cost to the University of responding to the faculty member's public records requests and subsequent petitions to ODOJ would exceed $67,000.00."

Obviously Melinda and I disagree about how much of this 76,000 is the cost of responding to my public records requests, and how much of this is the cost of her office's efforts to manipulate the PR process to delay and limit the amount of information disclosed.

If her response is complete, I do not expect to need to ask the DOJ for the summary billing records.

Thanks to you all,

Bill Harbaugh http://harbaugh.uoregon.edu

On Dec 10, 2009, at 21:22 , Peter Gilkey:

Dear Bill.

The public information request process continues to proceed. I paid the fee this morning but it will probably be until January (if then) before anything arrives. I'll keep you posted. PBG

http://www.uoregon.edu/~uosenate/dirsen090/Gilkey-c10Dec09.html