SMC's Deliberate and Deceitful Public Records Non-Compliance

In our second set of requests for public records belonging to Santa Monica College under the California Public Records Act, we asked, in part, for the following:

SET TWO: REQUEST NO. 5
Any and all documents including invoices, bills, web design & development, contracts, agreements, payments, copyright registrations, proposals, etc. pertaining to the “History of Animation I” website located at http://academy.smc.edu/keeshen/histofanm/, et. al.

SET TWO: REQUEST NO. 6
Any and all documents including invoices, bills, web design & development, contracts, agreements, payments, copyright registrations, proposals, etc. pertaining to the “History of Animation II” website located at http://academy.smc.edu/keeshen/history2/, et. al.

In a January 9, 2006 letter from SMC VP of Planning and Development, Robert Sammis, he responded:

Request No. 5: The District does not have any documents relevant to this request. The District has complied with this request.

Request No. 6: The District does not have any documents relevant to this request. The District has complied with this request.

In our CPRA Set Two, we responded to both Requests 5 and 6 as follows:

WE HAVE NOT RECEIVED INSPECTION OF FILES TO DATE. WE HAVE RECEIVED NO DOCUMENTS TO DATE. PLEASE CONFIRM IF ANY DOCUMENTS ARE IN THE POSSESSION OR CONTROL OF SANTA MONICA COMMUNITY COLLEGE DISTRICT BY AND THROUGH ANY OF ITS EMPLOYEES, INCLUDING BUT NOT LIMITED TO, FACULTY, STAFF, ADMINISTRATORS, AGENTS, OR CUSTODIAN OF RECORDS.

FURTHERMORE, IN A MEMORANDUM FROM KATHARINE MULLER TO JUDY FRITZ, DATED AUGUST 24, 2005, ENTITLED “REQUEST FOR INFORMATION – PART 2,” DEAN MULLER STATES: “THE CITED LINKS/WEBSITES ARE DEAD AND I HAVE BEEN UNABLE TO VERIFY WHEN, IF EVER, THEY EXISTED.” HOWEVER, SANTA MONICA COMMUNITY COLLEGE DISTRICT DELIBERATELY REMOVED THESE LINKS TO CIRCUMVENT AND OBSTRUCT COMPLIANCE WITH THE CALIFORNIA PUBLIC RECORDS AND WENT SO FAR AS TO RELOCATE THEM INTERNALLY INSIDE THE FALL 2005 ET61 ONLINE HISTORY OF ANIMATION COURSE ON OR ABOUT SEPTEMBER 11, 2005. ON OR ABOUT SEPTEMBER 22, 2005, THE CITES LINKS/WEBSITES WERE PLACED BACK ONLINE IN THEIR ORIGINAL PLACE WHERE THEY CURRENTLY RESIDE.

PLEASE COMPLY WITH THIS REQUEST.

Now is Academy of Entertainment and Technology Dean Katharine Muller deliberately lying to us? Did Santa Monica College, by and through its employees, deceitfully remove these links to circumvent and obstruct compliance with the California Public Records Act (CPRA)? What part did AET Professor Jim Keeshen play in regards to his Fall 2005 online ET61 History of Animation course?

One of the requirements for the course is an expensive CD-ROM set (about $105 with tax last time I checked for two CDs). Here's a screenshot from the ET61 CD-ROM front and back covers, respectively. If you'd like to see larger images, click HERE. If you'd like to view three screenshots I made of the Quick Time movies from the CD-ROM, go HERE.



Notice that the CD-ROM is "Directed by James Keeshen." See the photo of "James Keeshen" on the back cover? Remember that Jim Keeshen is no longer allowed by SMC to teach the ET61 History of Animation online and ground courses due to alleged issues the school is having with copyright infringement. When I initially asked Professor Keeshen for more details, he instructed me to speak to Dean Katharine Muller.

The back cover also gives the smconline.org web address where students log into the online ET 61 course. This website is part of the third party vendor work for distance education with eCollege, Inc. Keep in mind that eCollege has been struggling with its own problems pertaining to alleged deficiencies in fraud prevention and alleged misappropriation of assets pursuant to Security and Exchange Commission documents filed by eCollege's independent accountants KPMG LLP. The accounting firm has since resigned. Remember also that SMC has failed to produce relevant public records belonging to eCollege, including the Masters Services License and Agreement, claiming that these documents are either confidential or that SMC can't find them. We contend otherwise.

Steve Drury was a student enrolled in Professor Keeshen's ET 61 online course for Fall semester 2005. He noticed that that the links to websites on the CD-ROM weren't working. On or about August 29, 2005, Drury emailed Keeshen, stating:

Dear Mr. Keeshen,

It appears that the web links from the 2 CD-ROMs we had to buy for the History of Animation class entitled PART 1 and PART 2 lead to sites that no longer exist. Did I get the right CDs or are others having the same problems accessing this stuff. Also, how many webliographies can we do each week? Please let me know,

Thank you,
Steve Drury
History of Animation: Section 2075
Instructor: James Keeshen

Other students emailed Drury that they were having the same problem. On or about August 29, 2005, Professor Jim Keeshen emailed the following response to Drury:

Steve,

Try your weblinks again and let me know if the same thing happens. You are the first to report this.

There are a maximum of 4 Webliographies per Unit. But they do need to pertain to the subject matter discussed in that week's Unit and are graded accordingly.

JKeeshen

In response, Drury emailed Keeshen the following:

Dear Mr. Keeshen:

I tried it again. This time I copied the addresses. Here they are.

Web Links that don't work
ET61 History of Animation PART 1
http://academy.smc.edu/keeshen/histofanm/povlinks/povlinks.html
http://academy.smc.edu/keeshen/histofanm/optoyslinks/
http://academy.smc.edu/keeshen/histofanm/earlylinks/emilerlinks.html
http://academy.smc.edu/keeshen/histofanm/earlylinks/muybridgelinks.html
http://academy.smc.edu/keeshen/histofanm/earlylinks/blackweblinks.html
http://academy.smc.edu/keeshen/histofanm/earlylinks/winsorweblinks.html
http://academy.smc.edu/keeshen/histofanm/starslinks/kokolinks.html
http://academy.smc.edu/keeshen/histofanm/starslinks/felixlinks.html
http://academy.smc.edu/keeshen/histofanm/starslinks/mickeylinks.html

ET61 History of Animation PART 2
http://academy.smc.edu/keeshen/history2/prodmeth/prodmeth.html
http://academy.smc.edu/keeshen/history2/barre/barre.html
http://academy.smc.edu/keeshen/history2/blackton/blackton.html
http://academy.smc.edu/keeshen/history2/bray/bray.html

Did I do the webliography correctly?

Have a nice day,
Steve Drury

History of Animation: Section 2075
Instructor: James Keeshen

You can click on any of these links to see that they are most certainly active. The CD-ROM is being used this Winter 2006 session by Professor Paris Poirier who is currently teaching the online ET61 History of Animation course. The main directory links, which we requested under the CPRA, are now locked down to prevent access to us. How convenient of SMC.

Ultimately, Keeshen had to offer an explanation to his ET61 students. Here's the relevant part he wrote to everyone in the class on or about September 1, 2005:

Dear students,

A number of you have emailed me about problems with the links in the CD. Seems that many or all of the links are not working. Has anyone used the links without problems in the CD? Please let me know. I have called it in to the tech people to see what is going on. In the meantime continue to use the CD's for the other information they provides.

Jim Keeshen

Keep in mind what Dean Muller wrote on or about August 24, 2005 and also keep in mind that SMC was promising to produce documents pertaining to these sites around September 7, 2005. In fact, SMC did not release these public records until on or about September 15, 2005. See our previous blog article entitled "SMC's Recent Document Dump" for the full details.

Also keep in mind that Dean Winniphred Stone of SMC's Distance Education also resigned around this same date to work under former SMC president Piedad Robertson at the ECS. Remember, too, that Dean Katharine Muller secretly authorized payments to Jim Keeshen from Title VI-A federal grant money, first under the fictitious company Animatics for $40,000 in Fall 2000 (see SMC's Instructional Consultants document) and then under the fictitious company Studio Animatics for $33,000 in Fall 2001 (read our story, "Jim Keeshen's Studio Animatics SMC Contracts Exposed").

Are all these facts mere coincidences? We don't think so given the fact that both Katharine and her husband David Muller were friends of Robertson as was Winniphred Stone and all three were brought to SMC under Stone's direction. Stone, as SMC Dean of Distance Education, was in charge of the eCollege online courses that Keeshen taught while Katharine Muller was Dean of the Academy of Entertainment & Technology where Keeshen was a faculty member. Both women had a hand in the creation of the Academy. It would be in both Muller's and Stone's best interests to cover for Keeshen.

And Keeshen would return the favor and play along with SMC's non-compliance under the CPRA for these public records. Another week in the eight-week online course goes by and Keeshen emails his ET61 students the following on or about September 9, 2005:

Dear Animation fans,

Seems that UNIT 2 Lecture links had some sort of meltdown, about half of them aren't working.

This problem as well as the CD-ROM links have been reported and the tech people are working on it as we speak.

But seems that hurricane Katrina has also affected our course. I was told that the tech guy who handles the server to fix the broken links is in the National Guard and his unit was called out last week to New Orleans. We will need to be patient.

I have checked the other lectures and found a few broken links, but nothing like UNIT2. I will go ahead and remedy these problems.

Meanwhile I suggest that you look up websites to our lecture and add them to our Webliography for extra credit.

OK, keep going! Still much to learn.

Jim Keeshen

Now, this email is sent to Keeshen's animation history students right after SMC provides us with the letter from Dean Muller which states they have no public records relating to the websites that are linked to this CD-ROM. Also, remember the Jim Keeshen failed forgery blog article where we stated that Keeshen has been caught in a few lies in the past? Well, here's one of those alleged lies by Jim Keeshen in that he is stating in writing that the "UNIT 2 Lecture links had some sort of meltdown." Really, a meltdown right now, out of the blue? Hmm... What about all those emails I wrote Keeshen when I took the ET61 History of Animation online course back in March 2004 about broken course links? That was about seventeen months ago! In fact, these online course lectures were the same ones SMC used back when the ET61 online course started around February 28, 2000 (Section 2649).

Simply put, Keeshen knew about the broken links in all his online lectures and never bothered to fix them! Good thing that I save my emails. Of course the Fall 2005 hyperlinks wouldn't work if they referenced websites from the year 2000. The Internet is dynamic, not static. In five years, a lot changes. Keeshen should have updated these links for his students. After all, in 2005, Keeshen was being paid a yearly salary by SMC of $93,874. Back in Spring 2000, when he started his ET61 online course, he was being paid $72,721, over $20,000 less.

By the way, I received a grade of "A" in Keeshen's course and went on to become his teaching assistant for the following ET61 online session. As such, I understand the eCollege platform as we used it as well as the entire History of Animation course. When I made my requests for public records, I knew what I was looking for. It seems SMC thought they could easily fool me into thinking otherwise.

When the deadline for production was well past, Keeshen emailed his ET61 students the following on or about September 22, 2005:

Dear Animation Historians,

Well we are at the halfway point of our course and most of you are doing very well! Some have slipped a little and I tell you now, "Get back on your horse and ride like the wind!". With a little effort you can improve your grades!

Speaking of which, I have graded the Threads and the Quiz in UNIT 3. Take a look and see if I missed anything.

I'll try and catch up with the Webliography by this weekend for both Unit 3 and 4.

If you got a low grade in your Threads, it means that you either did not answer the questions fully and / or you did not go back and reply to your fellow students' responses.

I recommend that you go back to UNIT 3 and read the well written Threads from Bench, Cho and Ford. Although not completely perfect, they are well thought out and use specific examples.

Also good news from the tech guys!

The links in the CD-ROMs are now up and working. I will keep them posted in the class UNITS but you should be able to use them from the CD's. If you have any problems with the links in the CD's please notify me right away.

OK, that is all for now. Stay with it!

Good luck,
Jim Keeshen

Now this is very interesting. Remember Keeshen's September 9th email where he wrote: "But seems that hurricane Katrina has also affected our course. I was told that the tech guy who handles the server to fix the broken links is in the National Guard and his unit was called out last week to New Orleans. We will need to be patient."? The National Guard "tech guy" Keeshen is referring to is SMC Academy of Entertainment and Technology systems administrator, Brant Looney. Now Looney was deployed to New Orleans to help with the damage caused by Hurricane Katrina on or about August 29, 2005. However, he did not return to work at SMC until October 3, 2005. Here's a October 7, 2005 Santa Monica College Press Release entitled "SMC Employee Returns From Guard Stint in New Orleans" that discusses Looney's National Guard stint.

Now, if Looney was responsible for fixing the broken ET61 CD-ROM links and he didn't return to SMC until October 3, 2005, how did the links get repaired on September 22, 2005? Perhaps someone else "fixed" them, or alternatively, these CD-ROM links were never broken in the first place. As we allege, SMC took them down, with the help of Keeshen, to circumvent production of relevant public records under the CPRA. It is important to note here that SMC is still failing to produce public records relating to Looney's employment with AET despite numerous requests.

Perhaps further examination into what was going on inside eCollege's ET61 History of Animation shell would shed some more light on the topic. For this purpose, I have created an index of all the relevant screenshots. You can view the index HERE.

In Professor Jim Keeshen's ET 61 online course announcements, he mentions the broken CD-ROM links. On September 11, 2005 (which is, by the way, the launch date for the official SAVE SMC website), Keeshen posted an announcement entitled, "WEEK 3 Alternate FIX for the CD-ROM Web Links." He stated: "For the time being, the tech guys have fixed the broken links in the CD-ROMs, but in a slightly different way. GO TO the CD-ROM sub-button under UNIT 3 and it will have a link for each of the individuals that we are studying in this unit. Use those links instead of the ones in the CD's to get the added information."

Remember that the public records production pertaining to these web links was not provided to us by SMC until September 15, 2005, four days after Keeshen moved them inside the ET61 online course. No inspection of these web link pages was provided by SMC. If you view the ET 61 Unit 3 screenshots we made, you will see that these are the same web link pages, only now moved internally inside eCollege's shell. Here's PART 1 of Unit 3's links and here's PART 2.

In both these screenshots, we placed our mouse over one of the web links so that you can see the URL page it would open if you clicked on the name of the link. Compare these with the ones from Steve Drury's email and you will see that they use the same folder names and html extensions. These are the same webpages, now conveniently hidden from anyone who is not currently enrolled in the course.

Additionally, Keeshen wrote the following in the Unit 3 sub-section in red text: "NOTE: Due to a technical error at the College Campus web servers, the weblinks for the CD are not operational. You will need to follow the following links to access the information previously linked to from the CD until further notice." You can view the screenshot HERE. He wrote the same thing in Unit 4. Again, in Unit 4's subsection, we made a screenshot of PART 1 and PART 2 of the web links announcement by Keeshen.

Also, if the college servers were allegedly down, then why were we able to access Jim Keeshen's course syllabus, which is housed on the same server? Because, frankly, the server wasn't down. Only the web links were allegedly removed on purpose.

On or about September 22, 2005, Keeshen wrote another announcement entitled, "Web 4 Links to the CD-ROM are now working." Keeshen stated: "The links in the CD-ROMs are now up and working. I will keep them posted in the class UNITS but you should be able to use them from the CD's. If you have any problems from the CD's please notify me right away." So, about a week after SMC's failure to produce these public records and Dean Muller's memo justifying non-compliance was given to us, the web links are magically "fixed." Again, how convenient for SMC.

In Unit 6, Keeshen still has the internal web link from the second CD-ROM inside the eCollege smconline course shell. We made a screenshot showing the link we made with our mouse at the bottom and a small sized version of the web page it opens up to from the hyperlink. You can view the screenshot HERE.

Interestingly, the Production Method web page states: "No links currently available." So, what is the point of making such a big deal about viewing this page if there's nothing there? What benefit do the students derive from having these web links on the CD-ROM? If you use Steve Drury's links as contained in this blog article, you can see for yourself that most of the web link pages offer little valuable information to the student. A picture now and then and sparse links, many of which are dead. Was this justification enough for SMC to withhold this information from the public? Are the students not getting valuable consideration for their tuition money and the money they spent on the CD-ROMs?

What's going on with the CD-ROM web links for students currently enrolled in Paris Poirier's ET 61 online course? Of course they are back online on SMC's server. I made a screenshot comparing the two Production Method web pages, the first from Keeshen's Fall 2005 course and the second from Poirier's Winter 2006 course. You can see that both Production Method web pages state: ""No links currently available." Except this time, the production method image is gone and there are two additional hyperlinks, one to SMC's official website and one to SMC's online site though eCollege. Otherwise, the two pages are identical to the ones that disappeared in Fall 2005 from SMC's web server.

Still, no one has bothered to update these web links and SMC still denies that they exist as is evident in Sammis' CPRA January 9, 2006 letter to us. Sammis states to Set Two, Requests Number 5 and 6: "The District does not have any documents relevant to this request. The District has complied with this request." Doesn't seem to me like they've complied. Did these web links magically appear on SMC's server when the ET 61 CD-ROM was created? Did Santa Claus or the Easter Bunny place them there? Of course not! Someone created these less than stellar web pages and most likely submitted an invoice to SMC. Someone at SMC then wrote a check paying that person or company. We, as members of the public, have a right to know where our tax dollars were spent and by whom.

Furthermore, we have a right to not have our educational documents tampered with, concealed, or otherwise destroyed. In fact, I emailed Chad at smconline's helpdesk on or about July 20, 2005 when my smconline.org homepage course listings had vanished. These were the courses that proved I was a teaching assistant for Professor Keeshen in the ET 61 online courses as well as in his ET 2 storytelling class (which used the eCompanion supplement for the ground course). Here's a copy of my email correspondence:

From : Phoenix Genesis
Sent : Wednesday, July 20, 2005 3:32 PM
To : helpdesk@smconline.org
Subject : DEMAND TO RESTORE AND PRESERVE DOCUMENTS

VIA EMAIL: helpdesk@smconline.org
JULY 20, 2005
RE: DEMAND TO RESTORE AND PRESERVE DOCUMENTS
ATTENTION: CHAD, HELPDESK@SMCONLINE.ORG

Dear Chad,

I emailed you originally on or about July 18, 2005 (see copy of email message below) about the missing course listings and links on my smconline.org homepage. You emailed me back on or about July 19, 2005 (see copy of your email message below). I checked my smconline.org homepage today (July 20th) and now see that the final remaining course in which I was a teaching assistant has been removed as follows:

Fall 2004 - 8 Week (August 30th Start)
Design Technology
ET61 History of Animation Section 2020 (Teaching Asistant) - eCourse AU

Now, Chad, I'm a little curious how this course also got deleted right after I emailed you especially considering you were the ONLY person I emailed at SMC or eCollege or smconline.org about this matter...????!!!

If you were not the person who went in and deleted these courses, or at least this last course which was intact prior to my emailing you, then I demand to know precisely who has access to tamper with my smconline.org account? Who did you contact, if anyone, after I emailed you? I expect to hear from you within 24 hours about this matter.

Chad, I want you to understand that tampering, modifying, deleting, altering, or otherwise destroying or interfering with a student's school work and documentation thereof, regardless of whether it is fixed in a tangible form on paper or electronically, is a very serious offense which not only violates internal SMC and eCollege policies, but laws on both the state and federal level.

Therefore, I am requesting the following from you:

1.) The name and/or names of any individual or individuals who have access to my smconline.org homepage whether they be employees or agents or third party providers to SMC and/or eCollege or smconline.org ([please respond in writing within 24 hours);

2.) The name of anyone who has gone in and deleted these courses from my smconline.org homepage (please respond in writing within 24 hours);

3.) Your full name (in other words, what is your last name Chad?), your official title and whether you are an employee of SMC or eCollege or elsewhere, and the physical location where you work (this is for mailing purposes) as well as your phone number at work, as well as the name, title and phone number of your direct supervisor (please respond within 24 hours);

4.) That the courses for which I was a teaching assistant with the active links be restored on my smconline.org homepage forthwith (see below for the list of courses from my original email); and,

5.) By copy of this email notification, I am requesting that you cease and desist all document destruction and that any and all intended document destruction proceedings be suspended. I further request that you and your agents and employees retain and preserve hard-copy documents (including calendars and appointment books), electronic files, emails, voice mails, data compilations and/or tangible objects pertaining to the relevant time frame and relevant events or issues: to wit, all documents, courses, notes, logfiles, etc. relating to smconline.org for the period between February 17, 2004 to the present . I further request that you maintain any and all electronic data whether on the network, desktop, hard-drive, laptop, blackberry, PDA, diskette, and/or CD-ROM or DVD-ROM and whether at home or at work. I further request that you cease and desist modification of relevant documents, whether in hard-copy or electronic format.

The laws under 18 U.S.C. Section 1519 provide in part that "whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States ... or in relation to or contemplation of any such matter" has committed a federal felony punishable by imprisonment of up to 20 years.

Please feel free to email me if you have any questions. I look forward to receiving the requested information from you as well as notification that my courses are placed back on my smconline.org homepage.

Very Truly Yours,
/s/ DES MANTTARI
Des Manttari

Of course eCollege and/or SMC ignored my demand to preserve evidence and went straight ahead and concealed these CD-ROM web links inside the eCollege online system. It was only later, on or about August 16, 2005, when Dustin Curran and myself personally served Julie Yarrish with the Set Two SMC public records requests, that she admitted to being the one who removed the courses from my smconline.org homepage. Shame on her. Is it any wonder that Julie Yarrish is a named defendant in our CPRA lawsuit? Additionally, according to one of our confidential informants, Yarrish is currently seeking employment outside SMC.

I last emailed Yarrish on or about August 30, 2005 regarding the request for public records. Of course, she never responded. Here's a copy of my email to her:

From : Phoenix Genesis
Sent : Tuesday, August 30, 2005 3:56 PM
To : YARRISH_JULIE@smc.edu
Subject : RE: Public Records Request Follow-Up

Dear Julie,

Thanks for emailing me back. Again, I guess I will try to clarify myself further. I am not asking you when COPIES of documents will be provided, I am asking you, formally, in writing (via this email) when I will be able to meet with you to inspect (i.e., view, look at, examine) the public records of Santa Monica College's Distance Education department as set forth in my written request to you of August 15, 2005, hand-delivered on August 16, 2005.

To emphasis, pursuant to the laws of California as well as SMC's own internal Board policies, I am allowed to inspect any public records belonging to the school during normal business hours and that access is not only immediate, but free. Additionally, staff should assist me in my request for inspection. Furthermore, although I don't need to make a request formally in writing, I have done so in order to help you locate the files I wish to view.

I hope this clarifies this matter. Please feel free to email me if further clarification is required.

Thanks,
Des

SMC should not only produce this information, but they should allow inspection. Additionally, SMC's Board of Trustees should hold accountable any and all individuals who participated in this deliberate and deceitful non-compliance of public record inspection and production. Furthermore, Yarrish should be held accountable for removing vital student information from the smconline.org homepage. Perhaps everyone at SMC should take Jim Keeshen's advice and "Get back on your horse and ride like the wind!"

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

(c) 2006: Phoenix Genesis/MBS LP

Feel free to link or print this; just include the SAVE SMC URL: http://savesmc.blogspot.com/

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