Santa Monica College Public Records Request

Here's another email I just sent SMC's self-appointed guardian of our public records, Robert Sammis. Our respective responses are contained below as well.

-- Des Manttari,
Editor-in-Chief,
Phoenix Genesis

(c) 2005: Phoenix Genesis/MBS LP

-------------EMAIL TO ROBERT SAMMIS-------------

ATTENTION: ROBERT SAMMIS,
VP PLANNING AND DEVELOPMENT, SANTA MONICA COLLEGE
RE: INSPECTION AND COPIES OF PUBLIC RECORDS

DECEMBER 5, 2005

Mr. Mr. Sammis,

We last emailed each other on Tuesday, November 29, 2005. That was almost one week ago and I have not heard back from you as promised. As you are aware, we have five outstanding requests for public records, under the California Public Records Act, belonging to Santa Monica College. We have requested inspection and copies from the following Santa Monica College District employees: Thomas J. Donner, Lin D. Calwell, Judy Fritz, Judith Penchansky, Julie Yarrish, Pat Green, and Katharine Muller. Despite exhaustive attempts, orally and in writing, and a very long paper trail, we have yet to inspect any files belonging to the District. Any public records we have in fact received copies of are incomplete pursuant to our written requests. Many documents are simply non-responsive.

I have been given many promises yet no commitment thus far. By copy of this email, I am again respectfully requesting a concrete date and time when we can begin inspection. I cannot stress enough that the CPRA clearly states that access to information vital to the public's right to know and to hold its public institutions accountable to scrutiny is instantaneous. The CPRA also makes clear that the District's employees are to make every effort to aid in compliance. Rather, our history of dealings with SMC employees has been dilatory, retaliatory, and negligent.
Below is a summary of our last two outstanding requests as follows:

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FOURTH WRITTEN CPRA REQUEST TO JULIE YARRISH, DATED OCTOBER 24, 2005
(SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED)

Request No. 1

"Amendment to agreement for distance education services" with eCollege (summer 2005 to spring 2008) (as described in the Board of Trustees' Consent Agenda, Recommendation No. 20, dated September 7, 2005).

WE HAVE RECEIVED NO DOCUMENTS OR INSPECTION TO DATE.
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Request No. 2

Any and all documents pertaining to the resignation of Winniphred Stone, Associate Dean, Distance Education as of 10/01/05 (as described in the Board of Trustee's Agenda, dated September 7, 2005).

WE HAVE RECEIVED NO DOCUMENTS OR INSPECTION TO DATE.
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Request No. 3

Any and all documents pertaining to the election and/or assignment of Julie Yarrish as acting director, online services and support as of 9/01/05 (as described in the Board of Trustees' Agenda, dated September 7, 2005).

WE HAVE RECEIVED NO DOCUMENTS OR INSPECTION TO DATE.
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Request No. 4

Any and all documents pertaining to the establishment of a director, Online Services and Support, effective 09/01/05 (as described in the Board of Trustees' Agenda, dated September 7, 2005).

WE HAVE RECEIVED NO DOCUMENTS OR INSPECTION TO DATE.
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Request No. 5

Any and all documents pertaining to Winniphred Stone's job title and duties at the Media Center & Distance Education department from her initial employment to the present, including roles & involvement on committees.

WE HAVE RECEIVED NO DOCUMENTS OR INSPECTION TO DATE.
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Request No. 6

Any and all documents pertaining to Julie Yarrish's job title & job duties at the Media Center & Distance Education department from her initial employment to the present, including roles & involvement on committees.

WE HAVE RECEIVED NO DOCUMENTS OR INSPECTION TO DATE.
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Request No. 7

Any and all documents regarding laptop computer purchases under Year One (1999-2000) Title III Grant including the names of faculty who received the laptops, bills, receipts, invoices, etc. (See Exhibit "A").

WE HAVE RECEIVED NO DOCUMENTS OR INSPECTION TO DATE.
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Request No. 8

Any and all documents regarding laptop computer purchases under Year Two (2000-2001) Title III Grant including the names of faculty who received the laptops, bills, receipts, invoices, etc. (See Exhibit "A").

WE HAVE RECEIVED NO DOCUMENTS OR INSPECTION TO DATE.
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FIFTH WRITTEN CPRA REQUEST TO PAT GREEN, DATED OCTOBER 24, 2005
(SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED)

Request No. 1

The summary report submitted by Jim Keeshen (a.k.a., James Keeshen) regarding his Fall 2003 sabbatical (including, but not limited to, statements concerning the academic merit, relevance, and benefits of the leave) as submitted to the personnel office and placed in the instructor's permanent file.

WE HAVE RECEIVED NO DOCUMENTS OR INSPECTION TO DATE. YOU FURTHER INDICATED THAT PROF. KEESHEN DID NOT FILE THIS MANDATORY REPORT, DESPITE THE FACT THAT IT WAS DUE WITHIN 60 DAYS OF THE EMPLOYEE'S RETURN TO WORK FROM HIS SABBATICAL. PLEASE CONFIRM IN WRITING THAT THIS REPORT DOES NOT EXIST.
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Request No. 2

The contract signed by Jim Keeshen (a.k.a., James Keeshen) "guaranteeing the completion of his program as approved by the Sabbatical / Fellowship / Computer Loan Committee.

WE HAVE RECEIVED NO DOCUMENTS OR INSPECTION TO DATE.
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Request No. 3

Any and all documents by the Joint Academic Senate Sabbaticals and Fellowships Committee including reviews, reports, recommendations, approval, denials, etc. for Jim Keeshen's sabbatical application for Fall 2003.

WE HAVE RECEIVED NO DOCUMENTS OR INSPECTION TO DATE.
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Request No. 4

Jim Keeshen's sabbatical application for Fall 2003, including any documents describing how the sabbatical proposal supports the mission and goals of Santa Monica College, and any and all documents attached to the application and/or submitted in support of supplement.

WE HAVE RECEIVED NO DOCUMENTS OR INSPECTION TO DATE. YOU INDICATED THAT THIS INFORMATION WAS CONFIDENTIAL. I DENY THIS CONTENTION AND STATE THAT DISCLOSURE IS MANDATORY GIVEN THE FACT THAT ALL DISTRICT SABBATICALS ARE TO SUPPORT THE GOALS AND MISSIONS OF SANTA MONICA COLLEGE. FURTHERMORE, PURSUANT TO THE SUMMARY OF PROF. KEESHEN'S SABBATICAL, IT WAS TO BE UNDERTAKEN TO BENEFIT THE STUDENTS OF THE ACADEMY OF ENTERTAINMENT & TECHNOLOGY WITH GREATER OPPORTUNTIES WITHIN THE ENTERTAINMENT INDUSTRY. ADDITIONALLY, OTHER SMC PROFESSORS MAKE BOTH THEIR SABBATICAL APPLICATIONS AND REPORTS AVAILABLE ONLINE ON SMC'S WEBSITE, SO THESE DOCUMENTS ARE NOT PRIVILEGED, BUT PUBLIC RECORD. PLEASE INDICATE WHEN THESE PUBLIC RECORDS WILL BE AVAILABLE.
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Request No. 5

Any and all documents pertaining to Jim Keeshen's sabbatical taken during Fall Semester 2003, including applications, reports, final reports, bills, invoices, receipts, payments, correspondence, videtapes, emails, and documents relating to a salary increase with SMC.

WE HAVE RECEIVED NO DOCUMENTS OR INSPECTION TO DATE.
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Request No. 6

Consultant contract between SMC and Dr. Joan Abrahamson "to provide consultant services for the Academy of Entertainment and Technology, the Institute for International Trade, and other projects in the planning and development area" including bills, receipts, payments, invoices, proposals, reports & final reports, etc. (referenced in SMC Board of Trustees Minutes, dated June 7, 1999).

WE HAVE NOT RECEIVED INSPECTION TO DATE. WE HAVE RECEIVED SOME DOCUMENTS FOR THE YEARS 2000-2001, BUT HAVE NOT RECEIVED ANYTHING FOR OTHER YEARS. ADDITIONALLY, THE BREAKDOWN OF SERVICES ARE INCOMPLETE FOR ADDITIONAL SUPPORT HOURS BILLED BY AND THROUGH JOAN ABRAHAMSON'S NON-PROFIT JEFFERSON INSTITUTE FOR HER EMPLOYEE, STACY INGBER. MS. ABRAHAMSON HAS SAT ON THE ACADEMY'S ADVISORY BOARD SINCE ITS INCEPTION ON OR ABOUT 1997 TO THE PRESENT. ACCORDINGLY, ANY AND ALL DOCUMENTS REGARDING HER ROLE AND PAYMENTS IN THIS REGARD SHOULD BE DISCLOSED. WE HAVE NO RECEIPTS FOR VARIOUS ITEMS, SERVICES, AND ALLEGED EXPENSES BILLED ON HER INVOICES. PLEASE PROVIDE THESE. I WILL FURTHER REVIEW THESE DOCUMENTS FOR ADDITIONAL INFORMATION WHICH I FEEL SHOULD BE DISCLOSED IN ORDER TO FULFILL THIS REQUEST IN ITS ENTIRETY AND RESERVE THE RIGHT TO SUPPLEMENT MY REQUEST.
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Request No. 7

The Santa Monica College Foundation Form 990 income tax filings / forms for the following years: 2004, 2003, 2002, 2001, 2000, 1999, 1998, 1997, 1996, and 1997, inclusive.

WE HAVE RECEIVED NO DOCUMENTS OR INSPECTION TO DATE.
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Request No. 8

The KCRW Foundation Form 990 income tax filings / forms for the following years: 2004, 2003, 2002, 2001, 2000, 1999, 1998, 1997, 1996, and 1997, inclusive.

WE HAVE RECEIVED NO DOCUMENTS OR INSPECTION TO DATE.
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Request No. 9

The Santa Monica Board of Trustees Minutes and Agendas for the following months: January 1996 through December 1996, inclusive.

WE HAVE RECEIVED NO DOCUMENTS OR INSPECTION TO DATE.
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Request No. 10

The Santa Monica Board of Trustees Minutes and Agendas for the following months: January 1997 through December 1997, inclusive.

WE HAVE RECEIVED NO DOCUMENTS OR INSPECTION TO DATE. IS IT POSSIBLE TO PLACE ADOBE PDF FILES OF THESE DOCUMENTS ONLNE?
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Request No. 11

The Santa Monica Board of Trustees Minutes and Agendas for the following months: January 1998, February 1998, March 1998, April 1998, May 1998, and June 1998, inclusive.

WE HAVE RECEIVED NO DOCUMENTS OR INSPECTION TO DATE. IS IT POSSIBLE TO PLACE ADOBE PDF FILES OF THESE DOCUMENTS ONLNE?
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Request No. 12

The Santa Monica Board of Trustees Minutes and Agendas for the following months: July 2000, August 2000, September 2000, October 2000, and November 2000, inclusive.

WE HAVE NOT RECEIVED INSPECTION TO DATE OF PHYSICAL FILES OR AUDIO TAPES. HOWEVER, THESE DOCUMENTS WERE PLACED ONLINE IN ADOBE PDF FORMAT.
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Please indicate when we shall receive inspection and copies of the items listed above.

Thank you for your prompt response to the following.

Very Truly Yours,
Des Manttari /s/

-----------------SAMMIS' REPONSE TO ME-----------------

As I told you in my last email, today is my first day back to work following my knee surgery. I will review the information that you provide in your email below (as you had promised to provide some weeks ago) and arrange for a time later in the week to complete the District’s response.


Robert Sammis
Vice President, Planning&Development
Santa Monica Community College District
310.434.4206

----------------MY RESPONSE TO SAMMIS' EMAIL ----------

Dear Mr. Sammis,

Regarding your comment about information I "promised to provide some weeks ago," I have exhaustively provided information to Santa Monica College District since my first requests on or about July 15, 2005 regarding inspection and outstanding public records via both emails and letters. Furthermore, I had described in particularity outstanding records due to us from our first two requests in addition to the outstanding records due from our third request to Dean Katharine Muller. I suggest you review my email to you, dated November 29, 2005.

For convenience sake, I list those items from my November 29th email below:

1. When we could meet to begin inspection of files under the CPRA. As you know, our original written request for inspection was on or about July 15, 2005. Despite repeated empty promises to avoid going to Court Ex Parte by you and your attorney, Joshua Morrison, we have not been given an opportunity for inspection of any files to date. The eCollege file that we allegedly inspected was not freely turned over to either me or my attorney, Christopher Field. Instead, we stood there while one of your SMC employees rifled through the file. Again, I ask you formally in writing, when we will be allowed inspection? As you are well aware, under the California Public Records Act (CPRA), access to the Santa Monica College's District files should have been immediate and during normal business hours. Somehow, no time sees to be convenient and we have suffered through endless dilatory tactics and excuse and excuse.

2. The Studio Animatics / Animatics contract from 2000 (as referenced in the SMC Board of Trustee minutes) and supporting documentation including bills and receipts is long outstanding. When do we expect to obtain this information? I find that it is a conflict of interest that Jim Keeshen, under the thin veil of a non-existent company (at least according to any searches performed in Norwalk for DBAs and under any Secretary of State's business portal for corporations and limited partnerships) was able to secure consultant contracts for Santa Monica College when he signed on those contracts that he was not a district employee when in fact he was a district employee and Chairman of AET. Isn't this an ethical conflict of interest? Is this a reason that this contract and the supporting document for alleged work rendered is not forthcoming? Was this work not completed in the same fashion that Professor Keeshen's mandatory sabbatical summary report was not filed?

3. Again, we requested the sabbatical application / proposal for Professor Jim Keeshen for the alleged sabbatical he undertook with Klasky/Csupo in Fall Semester 2003. As I previously indicated to you, other professors make their sabbatical applications and reports available online, so I contend that this document is not confidential and, in fact, its disclosure is vital to the public's right to know where our public funds are being spent and by whom. Is it that Jim Keeshen was not required to file a sabbatical application and rather than his sabbatical being something which was to allegedly benefit the school, it was little more than a paid semester-long vacation for him with a nice rise in salary increase? If this is the case, then I contend that this was a misuse of district funds and that any money paid for this sabbatical including salary, should be repaid to the district and used on something which will actually benefit the SMC community.

4. The Master Services and License Agreement with eCollege is also outstanding. Despite my following through and providing you with this information, I still have not obtained this public record. Does SMC have such an inadequate filing system to account for its public expenditures or are we again merely being delayed for no good reason other than your refusal to comply with the law under the CPRA?

5. As to the documents allegedly produced by you and which were submitted to the attention of Dean Katharine Muller pertaining to the Academy of Entertainment and Technology (AET), it was a sad case of allegedly complying with the CPRA. I have yet to receive any documentation regarding the Mary Pickford scholarship endowment to and for the benefits of the Academy students. I have not been given any contact information for the companies which allegedly hired and ultiized AET students as interns.

6. I have received NO documentation pertaining to invoices and bills concerning expenditures at the Academy since its inception in 1997 and to the present. As you are well aware, Professor Jim Keeshen as the original chairman of the Academy, was to have "advise[d] on hardware/software purchases" for AET. Perhaps you can utilize him to locate these documents or at least give you an itemization as to what hardware and software was purchased under his chairmanship. Additionally, I am informed and believe and thereon allege that Joan Abrahamson, as advisory to the Academy, was also in charge of securing the computer purchases by and through Dell Computers. Perhaps you can contact her and see where these invoices were retained. At it stands, we have received no documentation at all.

7. I have not received any documentation regarding the $1.25 million provided from then Governor Pete Wilson as an infusion of limited state funds to the Academy to help launch its success. I am a bit mystified where this large amount of money vaporized to and why there is no accountability to the public. Perhaps again you can ask either Katharine Muller, Jim Keeshen, or Joan Abrahamson, all in their respective positions of guardians of our AET educational center, where this money went and where the documentation is held along with the crucial itemization of expenditures and the bills and receipts to justify the money spent. In 1999, Marilyn Simons is listed as an Administrative Assistant for AET. Perhaps you could ask her. Even Judith Penchansky is listed as one of the "Stewart Street" Administration during this same period. Perhaps you could ask her where some of AET's money went. As you are well aware, she is also a named defendant under our CPRA lawsuit for failure to turn over documents belonging to Jim Keeshen for his work done as a consultant.

8. Curiously enough, Brooks/Flemming Associates Limited Liability Corporation (BFA/LLC) served on the Academy's Advisory Board (as per your SMC website on or about June 19, 1997 and listed again erroneously under Brooks/Fleming Associates on your SMC website on or about January 16, 1999) while also receiving a consultant contract with SMC on or about January 8, 2001 under the guise of providing "intensive multimedia training to staff." We have sought this contract for many months yet have not received any documentation including the supporting bills and receipts.

9. We have received the wrong year for the Middle School Grant for AET which we received. I am also a bit curious, to say the least, why Piedad Robertson authorized this grant for 2005 in March 2005 when she had already resigned in January 2005 and was safely tucked away as head of the Education Commissions (ECS) for the States in Denver, Colorado?

10. As to the Academy employee information, the small printouts we received for AET staff members such as Gloria Mottler, Tim Ryan, Stu Seldon, and Brant Looney are insufficient. When will be receive more substantial documentation? You contend that Brant Looney was an employee for SMC and not a consultant, and due to that reason, you have no consultant contracts to provide us. Yet, Brant Looney did in fact receive district funds as a consultant in July 6, 1998 and again in January 11, 1999 pursuant to documentation from the Board of Trustees. Please indicate when we shall receive these consulting contracts.

11. I have not received sufficient documentation by and between the California Postsecondary Education Commission and SMC, specifically the proposal submitted to the CPEC by SMC regarding its [AET's] status as an educational institution. I know both Piedad Robertson and Rocky Young were involved in submitting this proposal, so perhaps you can contact them regarding where these files are housed.

12. We have yet to receive the enrollment figures for both full and part time students, broken down per semester, for the Academy of Entertainment & Technology. Again, these are long overdue and I would like to know when we can expect this public information.

13. I have not heard back from you regarding the two outstanding requests, one to Julie Yarrish and one to Pat Green, both dated October 24, 2005. When should I inspect inspection and copies of these files?

Very Truly Yours,
Des Manttari /s/



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