Back and forth communications regarding a records request. Highlight my ability to successfully appeal the initial denial of a records request. The requested records related to transparency in the California State University system, especially as it relates to Auxiliary Organizations (namely the California State Student Association (CSSA)). Filed: 2015 March 16.

1. Submitted via email to: fvirjee@calstate.edu, dbolden@calstate.edu
DATE: March 16, 2015
TO: Framroze Virjee FROM: Jerry Dinzes
Executive Vice Chancellor and General Counsel President
Office of the Chancellor, CSU Associated Students Council
401 Golden Shore, Fourth Floor Humboldt State University
Long Beach, California 90802-4210 1 Harpst St., Arcata, CA 95521
Juan Cervantes
External Affairs Officer
Associated Students Council
Humboldt State University
1 Harpst St. Arcata CA 95521
RE: California Public Records Act Request
Dear Office of Finance and Administrative Services,
As President of the Associated Students (AS) of Humboldt State University (HSU) I am filing this request pursuant
the California Public Records Act (CPRA) and the Richard McKee Transparency Act (McKee Act).
The intention of this request is to better understand the relationship between the California State University (CSU)
administration and student body organizations. Though the student body organizations of the CSU are largely
incorporated as independent nonprofit organizations, the support staff for these organizations frequently fall on the
payroll of the California Secretary of State, and are subject to the chain of command under their respective stateside
institutes.
It is essential that student body organizations are led by student boards, and that these boards make organizational
decisions consistent with their rights and duties as outlined in CA Corporations Code. It is a common concern
among students of the CSU that our student body organizations are often subject to undue pressure from the
stateside administrators. Paying our key staff positions via the state coffers, though typically reimbursed to the state
by the student body organizations, is seen as a key conflict facing student body organizations’ leadership, and a
means of undermining democratic practices.
For the purpose of this request, any records as defined under California Government Code Section 6252 and
California Evidence Code Section 250 are being requested if they meet the following criteria:
 From the dates of December 1, 2013 to June 30, 2014, the following documents are requested:
1. Communication chains (conversations) received or sent by Meredith Turner, formerly Meredith
Vivian, and/or Karen Zamarripa that mention the terms:
a. “Governor Brown” or “Brown”
b. “de León”
c. “Affirmative Consent”
d. “Sexual Assault”
e. “Senate Bill 967” or “SB 967” or “967”
f. “Senate Bill 845” or “SB 845” or “845”

2.  From the dates of October 1, 2014 to March 10, 2015, the following documents are requested:
2. Communications between Karen Zamarripa and Meredith Turner
3. Communications between Karen Zamarripa and Miles Nevin
4. Communication chains (conversations) received or sent by Miles Nevin, Meredith Vivian Turner
and/or Karen Zamarripa that mention the terms:
a. “Auxiliaries” or “Auxiliary”
b. “AoA”
c. “de León”
d. “Governor Brown” or “Brown”
e. “Jerry”
f. “Humboldt”
On December 16, 2013 the Associated Students Council of HSU acted on behalf of the student body association
and approved a Resolution of Support for Updating Open Meetings Law for Auxiliaries of the CSU. On November
8, 2014 the California State Student Association approved a Resolution of Support for Updating Open Meetings
Law for Auxiliaries of the CSU. These resolutions were approved in response to a perceived lack of transparency
that many students have experienced in auxiliary operations. The information that we are requesting will help us to
better understand how CSU administrators responded to this expressed concern.
Failure to disclose information will seriously interfere with students’ ability to participate in the process of public
higher education, to oversee the actions of our public agencies, and to ensure a safe and democratic environment for
all.
Within 10 days of your receipt of this request, please contact Jerry Dinzes at jgd127@humboldt.edu or by phone at
(303) 562 4946 to confirm processing. Jerry Dinzes will be responsible for the payment of costs. The preferred
method of delivery for the requested documents would be to receive the documents in a digital format via
email. However, if your agency deems it best, hard copies of the documents may be mailed to:
Jerry Dinzes
Associated Students of HSU
1 Harpst St.
Arcata, CA 95521
The preamble of the Brown Act spells out quite well, how we as California State citizens perceive the issue of
public documents and decision making process: “In enacting this chapter, the Legislature finds and declares that
the public commissions, boards and councils and the other public agencies in this State exist to aid in the conduct
of the people's business. It is the intent of the law that their actions be taken openly and that their deliberations be
conducted openly. The people, in delegating authority, do not give their public servants the right to decide what is
good for the people to know and what is not good for them to know. The people do not yield their sovereignty to the
bodies that serve them. The people insist on remaining informed to retain control over the legislative bodies they
have created.”
The enactment of SCA 1 (Proposition 59) that was passed overwhelmingly by the voters in November 2004,
amended Article I, Section 3 of the California Constitution by providing that “The people have the right of access to
information concerning the conduct of the people's business, and, therefore, the meetings of public bodies and the
writings of public officials and agencies shall be open to public scrutiny” and that "A statute, court rule, or other
authority, including those in effect on the effective date of this subdivision, shall be broadly construed if it furthers
the people's right of access, and narrowly construed if it limits the right of access.”
California laws govern how jurisdictions conduct their administrative affairs, especially those having to do with the
public. In California these laws include the CRPA and the McKee Act. This request is based in these as well as all
other applicable laws, ordinances, regulations, and statutes.
Appreciatively,
Jerry Dinzes

3. CSU Campuses Fresno Monterey Bay San Francisco
Bakersfield Fullerton Northridge San José
Channel Islands Humboldt Pomona San Luis Obispo
Chico Long Beach Sacramento San Marcos
Dominguez Hills Los Angeles San Bernardino Sonoma
East Bay Maritime San Diego Stanislaus
506309
Office of General Counsel
401 Golden Shore, 4th Floor
Long Beach, CA 90802-4210
www.calstate.edu
March 26, 2015
Via Email: jgd127@humboldt.edu; jpc362@humboldt.edu
Jerry Dinzes
President, Associated Students Council
Humboldt State University
1 Harpst Street
Arcata, California 95521
Juan Cervantes
External Affairs Officer, Associated Students Council
Humboldt State University
1 Harpst Street
Arcata, California 95521
Re: Public Records Act Request
OGC File No. 15-0018
Dear Mr. Dinzes and Mr. Cervantes:
We received your March 16, 2015 Public Records Act request for the following records:
 From the dates of December 1, 2013 to June 30, 2014, the following documents are
requested:
1. Communication chains (conversations) received or sent by Meredith Turner, formerly
Meredith Vivian, and/or Karen Zamarripa that mention the terms:
a. “Governor Brown” or “Brown”
b. “de León”
c. “Affirmative Consent”
d. “Sexual Assault”
e. “Senate Bill 967” or “SB 967” or “967”
f. “Senate Bill 845” or “SB 845” or “845”
Carrie Hemphill Rieth
University Counsel
Phone (562) 951-4500
Fax (562) 951-4956
crieth@calstate.edu

4. March 26, 2015
Page 2
 From the dates of October 1, 2014 to March 10, 2015, the following documents are
requested:
2. Communications between Karen Zamarripa and Meredith Turner
3. Communications between Karen Zamarripa and Meredith Turner
4. Communication chains (conversations) received or sent by Miles Nevin, Meredith
Vivian Turner and/or Karen Zamarripa that mention the terms:
a. “Auxiliaries” or “Auxiliary”
b. “AoA”
c. “de León”
d. “Governor Brown” or “Brown”
e. “Jerry”
f. “Humboldt”
Your requests seek communications from officers of the California State Students Association.
The CSSA is an independent, non-profit student association. It is not a recognized auxiliary
organization and is not subject to the Public Records Act or the McKee Act. As both of you are
members of the CSSA board, you may contact Executive Director, Miles Nevin to discuss
obtaining the information you desire.
As for the remainder of your request, CSU will conduct a reasonable search for these records
under California Government Code §6253. We will make available to you any that are public
and will let you know when we have located the records. Cal. Govt. Code §§6254 and 6255. It
will be necessary to redact from responsive records any personal and otherwise privileged
information before they can be made available to you, including information protected by the
attorney-client privilege. Cal. Govt. Code §6254(k); Cal. Evid. Code §954.
Please note that records that reflect the deliberative process, impressions, evaluations, opinions
recommendations or strategy of University officials are exempt from disclosure under
Government Code §6255 and will not be produced. The disclosure of these documents would
discourage candid discussion among University officials and the public interest served in not
disclosing the records clearly outweighs the public interest served by disclosure. Cal. Govt.
Code §6255.
You can inspect the records at the Office of the Chancellor, 401 Golden Shore, Long Beach,
California 90802, and you may contact me to schedule a mutually convenient date and time. If
you wish to receive copies instead, the CSU charge is 20 cents per page. Cal. Govt. Code
§6253(b).

5. March 26, 2015
Page 3
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,
Carrie Hemphill Rieth
University Counsel
cc: Miles Nevin

6. Submitted via email to: fvirjee@calstate.edu, dbolden@calstate.edu
DATE: April 6, 2015
TO: Framroze Virjee FROM: Jerry Dinzes
Executive Vice Chancellor and General Counsel President
Office of the Chancellor, CSU Associated Students Council
401 Golden Shore, Fourth Floor Humboldt State University
Long Beach, California 90802-4210 1 Harpst St., Arcata, CA 95521
Juan Cervantes
External Affairs Officer
Associated Students Council
Humboldt State University
1 Harpst St. Arcata CA 95521
RE: Request for Administrative Cure – Failure to Supply Records (OGC File No. 15-0018)
Dear Vice Chancellor Virjee,
This request for administrative cure is being filed with the intention of receiving records that the Office of
the Chancellor has initially determined are not available under the California Public Records Act (CPRA).
The records that have been denied pertain to records generated by Miles Nevin and Meredith Turner.
On March 26, 2015, we were informed by Carrie Hemphill Rieth, University Counsel, that these records
were not available pursuant the CPRA as Mr. Nevin and Mrs. Turner are “officers” of the California State
Student Association (CSSA), an unincorporated non profit that is not a recognized auxiliary organization
nor State agency. It is our claim that while Mr. Nevin and Mrs. Meredith serve the CSSA as the Executive
Director and Assistant Executive Director respectively, they do so in their capacity as employees of the
California State University (CSU) system, and are therefore subject to CPRA requests.
We assert that Mr. Nevin and Mrs. Turner’s employment status is indisputable, and are concerned that
efforts are being taken to protect their records from the public scrutiny that is necessary in a healthy
democratic environment.
We seek administrative cure from the Office of the Chancellor based on the two primary facts:
1. The legally binding memorandum of understanding (MOU) between the CSU Office of the
Chancellor and the CSSA clearly delineates Mr. Nevin and Mrs. Turner as State
employees.
2. The CSSA is not a California Public Employees' Retirement System (CalPERS) member
organization, yet Mr. Nevin and Mrs. Turner are enrolled in CalPERS plans in their
capacity as employees of the CSU Office of the Chancellor.

7. CSU/CSSAAgreement 2282
The CSU Office of the Chancellor and the CSSA maintain agreement 2282. The agreement is bound to
terms by riders. Within the existing agreement, Rider B Section II states that the:
“Executive Director (ED), Assistant Executive Director, and other staff based in the CSSA
Office of University Affairs at the Chancellor’s Office in Long Beach are Chancellor’s Office
employees subject to all other applicable laws, regulations, and policies regarding the
recruitment, evaluation, compensation, and termination process for Chancellor’s Office
employees.
The applicable CSSA policies shall govern the employment terms and conditions of the
CSSA staff including day-to-day supervision and authority. Those CSSA policies, however,
shall not contradict the CSU policies that govern the terms and conditions of CSU
employees. In the event of any discrepancy in the two policies, the CSU policy shall govern.”
An updated agreement is currently being prepared by the CSSA that reflects post-SIRF conditions. This
agreement maintains language that clarifies CSSA employees are considered Chancellor’s Office
employees, and fall under CSU employment policies and regulations.
CalPERS
The CSU Office of the Chancellor may not legally use its status with CalPERS to facilitate benefits to
individuals employed by organizations that are not members of CalPERS. Employers are required to
identify to CalPERS the position title for each employee. While we do not yet have access to specific
contracts and records, outside sources have been used to identify Mr. Nevin and Mrs Turner’s job titles as
Administrator II and Administrator I respectively1
. If the Office of the Chancellor is mischaracterizing non-
CSU employees in order to facilitate procurement of CalPERS benefits, then we would request the
immediate halt of CalPERS benefits to CSSA employees. If the Office of the Chancellor maintains that
these employees are CSU employees, then we request the immediate processing of the requested public
records that have thus far been denied to us.
Conclusion
The decision to withhold the records of Mr. Nevin and Mrs. Turner is not in alignment with the CPRA on
the aforementioned grounds. An additional CPRA request has been filed in conjunction with this document
that will provide us with employment contracts and CalPERS related documents for CSU’s CSSA
employees.
The initial request was filed by myself, Jerry Dinzes, not only in my capacity as the Student Body President
at Humboldt State University (HSU), but in my capacity as a CSU student and resident of California. As
stated in the original request, as an individual I am financially responsible for the producing of these
records. If my term as Student Body President ends prior to receiving the records or a determination in
regards to this administrative request for cure, I maintain my standing to take legal action against the CSU
Office of the Chancellor.
1
This information was determined using the California Policy Center’s Transparent California database.

8. We request that the names of students not be redacted from any of the requested documents if these students
serve in some capacity as elected or appointed members of auxiliary organizations. Withholding any of the
requested documents will seriously hinder the public’s right to review the business of State employees, and
to ensure adequate public processes. The students of the CSU have the right to better understand the
relationship between the CSU Office of the Chancellor, the CSSA, and the Auxiliary Organization
Association.
Respectively and dutifully,
Jerry Dinzes Juan Cervantes
President External Affairs Officer
Associated Students Council Associated Students Council
Humboldt State University Humboldt State University
CC.
Peter Scheer; Executive Director; California First Amendment Coalition
Frank Lomonte; Executive Director, Student Press Law Center
Jim Ewert; General Counsel, California Newspaper Publishers Association
Stan Statham; Chief Executive Officer, California Broadcasters Association
Terry Franke; General Counsel, Californians Aware
Mark Wierick; Student Organizer, California Faculty Association
Miranda Hutchison; News Editor, The Lumberjack Newspaper
Attachments
1. California Public Records Act request filed on March 16, 2015 by Jerry Dinzes and Juan Cervantes
2. Response to CPRA request from the Office of the Chancellor received on March 26, 2015.
3. Agreement 2282 (with Rider B) between the CSU and CSSA, including proposed Post-SIRF
amendments.

9. CSU Campuses Fresno Monterey Bay San Francisco
Bakersfield Fullerton Northridge San José
Channel Islands Humboldt Pomona San Luis Obispo
Chico Long Beach Sacramento San Marcos
Dominguez Hills Los Angeles San Bernardino Sonoma
East Bay Maritime San Diego Stanislaus
509660
Office of General Counsel
401 Golden Shore, 4th Floor
Long Beach, CA 90802-4210
www.calstate.edu
April 7, 2015
Via Email: jgd127@humboldt.edu; jpc362@humboldt.edu
Jerry Dinzes
President, Associated Students Council
Humboldt State University
1 Harpst Street
Arcata, California 95521
Juan Cervantes
External Affairs Officer, Associated Students Council
Humboldt State University
1 Harpst Street
Arcata, California 95521
Re: Public Records Act Request
OGC File No. 15-0018
Dear Mr. Dinzes and Mr. Cervantes:
We received your April 6, 2015 letter regarding a “Request for Administrative Cure” concerning
the March 16, 2015 Public Records Act you filed with the Office of the Chancellor. I’m writing
to address an error made in my March 26, 2015 response to you.
In my letter, I stated that the California State Students Association is an independent, non-profit
student association; it is not a recognized auxiliary organization and is not subject to the Public
Records Act or the McKee Act. Instead, I directed you to contact the CSSA directly to arrange
for production of the documents. My statement is incorrect and has already been addressed
internally. I was in the process of advising you of this error when I received your letter.
The CSSA is subject to the Richard McKee Transparency Act of 2011. The definition of
organizations subject to the McKee Act under Education Code §89913.5(a) includes any entity
formed or operated pursuant to Education Code §89300. This definition includes CSSA. I
apologize for my oversight.
For efficiency and convenience, I will serve as your contact to both the CSU and CSSA for
purposes of your March 16, 2015 request. I also incorporate by reference the same exemptions
stated in my March 26, 2015 initial response, along with parallel citations to the McKee Act.
Carrie Hemphill Rieth
University Counsel
Phone (562) 951-4500
Fax (562) 951-4956
crieth@calstate.edu

10. April 7, 2015
Page 2
Once both the CSU and CSSA have gathered responsive documents, we will make available to
you any that are public. Cal. Educ. Code §89915.5; Cal. Govt. Code §§6254 and 6255. It will be
necessary to redact from responsive records any personal and otherwise privileged information
before they can be made available to you, including information protected by the attorney-client
privilege. Cal. Educ. Code §89915.5; Cal. Govt. Code §6254(k); and Cal. Evid. Code §954.
Please note that records that reflect the deliberative process, impressions, evaluations, opinions
recommendations or strategy of officials are exempt from disclosure and will not be produced.
Cal. Educ. Code §§89914.5(c), 89915.5; Cal. Govt. Code §6255. The disclosure of these
documents would discourage candid discussion among officials and the public interest served in
not disclosing the records clearly outweighs the public interest served by disclosure. Cal. Educ.
Code §§89914.5(c), 89915.5; Cal. Govt. Code §6255.
You can inspect the records at the Office of the Chancellor, 401 Golden Shore, Long Beach,
California 90802, and you may contact me to schedule a mutually convenient date and time. If
you wish to receive copies instead, the CSU charge is 20 cents per page. Cal. Govt. Code
§6253(b); Cal. Educ. Code §89914.
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.
I apologize for any inconvenience my error may have caused you. Fortunately, there has been no
delay in gathering responsive records. CSSA had previously communicated to both of you at
your Board meeting its intent to produce all non-exempt records and it continues to be in the
process of gathering those records. I will alert you as soon as the responsive records are ready
for production.
In addition to sending your letter requesting an administrative cure, you also filed a separate
request for public records dated April 6, 2015 to support your challenge to the determination that
CSSA records were not subject to a request for public records. Because we have corrected that
determination, please let me know if you are still interested in receiving the public records
requested on April 6, 2015.
Sincerely,
Carrie Hemphill Rieth
University Counsel
ecc: Miles J. Nevin, Executive Director, CSSA