UC Playing Games with the Release of Chancellor Katehi Public Information

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Chancellor Katehi in February
Chancellor Katehi in February

(Press Release from Katehi’s Legal Team)

“…there are those who believe that Ms. Katehi has been treated differently, in part because of her gender.  That somehow the president, who stood by her for a long time publicly, has a vendetta against her.

I was skeptical of these claims, but after talking with attorney Melinda Guzman representing Ms. Katehi and corresponding with Dianne Klein, spokesperson for the UC Office of the President (UCOP), I am beginning to side with Ms. Katehi in this.

This whole thing looks sloppy and as though Ms. Napolitano is attempting to stack the deck against the chancellor.”

– David Greenwald, Davis Vanguard, June 12, 2016

Interested Parties:

As journalists and outside observers learn more about the UC Office of the President (UCOP)’s “investigation” of Chancellor Katehi, the credibility of this probe continues to crumble.  Three articles from this past week drive this home.

  1. The Davis Vanguard:  “Where Is This Katehi Saga Headed?”
  1. Davis Enterprise:  “Katehi’s Team Files A Grievance, Sets Stage For A Lawsuit.”
  1. Sacramento Bee: ““UC Delays Release Of Public Records In UC Davis,Katehi Probe”

These articles document the continuing efforts by the UCOP to mislead reporters with biased and fact challenged spin about Chancellor Katehi’s cooperation with the investigation.

In the most recent development in this unfortunate saga, two newspapers have caught UC playing games with the release of public information concerning Chancellor Katehi.

 Sacramento Bee, 6/10/16:

University of California officials say they will delay releasing public documents involving UC Davis and suspended Chancellor Linda P.B. Katehi because they do not want to interfere with witness interviews being conducted as part of an investigation into Katehi.

The latest delay follows months of efforts by The Sacramento Bee to gain access to documents through requests under the California Public Records Act, documents that public access and legal experts say should be divulged despite the ongoing probe.

“The university’s concerns are not a legitimate legal basis for its wholesale denial of access to records concerning the underlying activities that led to Chancellor Katehi’s suspension,” said Thomas Burke, co-chair of the media law practice at Davis Wright Tremaine LLP in San Francisco, who has been negotiating with UC officials on The Bee’s behalf. “The longer the university delays, the more suspicious the public will justifiably become about the university’s commitment to transparency and the law.”

Davis Vanguard, 6/12/16:

This is an institution that is notorious for withholding legitimate public records and has been accused recently of sitting on documents that have been requested by the media.  But suddenly, when it suits their purpose, they turn over sensitive personnel matters to the press the same day they were sent?

Contrary to the claims of Ms. Klein, this kind of release is highly unusual.  We have seen a rash of shake ups in academic institutions across the country – but I’m not sure we can find a single example of this type of letter being disseminated to the press.

As we have said for the past few weeks, it is time to reset this contaminated and compromised “investigation”.

A new investigator needs to be chosen – one without previous ties to Napolitano and a financial interest in a law firm that depends on UC for millions in legal fees.

The new investigator cannot report to Napolitano, who is a participant in the matter she purports to investigate.  He or she must report directly to the Regents and take the President out of yet another potential conflict of interest.

And perhaps the new investigator can prevail on the UCOP to stop commenting on matters under investigation and characterizing Chancellor Katehi’s actions.

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26 thoughts on “UC Playing Games with the Release of Chancellor Katehi Public Information”

  1. Jerry Waszczuk

    FREQUENTLY ASKED QUESTIONS ABOUT PUBLIC RECORDS
    Agencies have 10 days to “determine whether the request…seeks copies of disclosable public records in the possession of the agency and shall promptly notify the person making the request of the determination and reasons therefore.” (Government Code 6253(c).) This means that agencies are supposed to notify the requester within 10 days if they have requested deliverable public records or exempt material or some combination of the two. The law, however, does not require production within 10 days. (Motorola v. Department of General Services (1997) 55 Cal. App. 4th 1340, 1349). The law requires that production be made in a “reasonable” amount of time, based upon the volume of the records requested and the necessary review process.
    http://www.ucop.edu/general-counsel/legal-resources/information-practices/frequently-asked-questions-about-public-records.html
    Responsible for PRA

    Margaret Wu, Managing Counsel
    UC PRA OFFICE
    Office of the General Counsel
    UC Office of the President
    1111 Franklin Street
    Oakland, CA 94607-5200

  2. Jerry Waszczuk

    FROM MY OWN EXPERIENCES 
    February 23, 2015
     Re: Public Record Act Request. Judith Rosenberg’s Investigation Report and the Documents Related to the Whistleblowing Retaliation Complaint Investigation Filed with the UC Davis Provost and Vice Chancellor Offices on March 7, 2013.
    Ms. Wu,
     Pursuant to my rights under the California Public Records Act (Government Code Section 6250 et seq.), I made PRA request with your office on November 3, 2014. The UC Office of the President grossly violated Government Code Section 6250 and deliberately delayed my request for several months due to an anti-SLAPP motion pending in the Sacramento Superior Court that was filed by the Regents on December 2, 2014. CCP § 425.16 did not control my Public Record Act request, and Superior Court judge orders did not have any controlling power for discovery to stay my PRA request due to another case pending in the same Sacramento Superior Court, in which the Regents are the real party in interest. Jaroslaw Waszczuk vs. California Unemployment Insurance Appeal Board—Writ of Mandate. Case No. 34-2013-80001699. 
    UCOP MANAGING COUNSEL , MARGARET WU’S RESPONSE 
    Dear Mr. Waszczuk:
     Thank you for your email. In response to your request #14-044, we are working on your request and have identified approximately 13,000 pages of documents that are related to your Whistleblower Complaint. The California Public Records Act provides that agencies may make records available “upon payment of fees covering direct costs of duplication.” (Government Code section 6253(b)). Pre-payment of the duplication fee is required before the copies can be sent to you: the total estimated cost of duplication would be $2,600.00.
    I responded on the same day to this e-mail and asked for advice on whether I can inspect the documents and pay only for the documents I need. Since then, I have not received any word from the UCOP’s PRA Office. 
    Finally, UCOP General Counsel Charles Robinson  did not want to see me in Oakland ,sitting in PRA office and inspecting documents.  I GOT ALL  REQUESTED DOCUMENTS FREE OF CHARGE .

     

  3. Tia Will

    I have been a very vocal critic of the actions the Chancellor.

    I also want to state my very vocal criticism of the actions of the university in stalling on provision of public records and the egregious public release of accusations against the Chancellor when this should have been handled as a personnel matter.

    I further feel it is important to maintain the ability to see that there are two separate issues here. Wrong doing on the part of the Chancellor to which she herself has admitted, but not accepted as reason to resign. And increasing evidence of wrongdoing on the part of Ms. Napolitano and the investigative team for which they have made no admission nor taken any responsibility.

    It seems clear to me that both the Chancellor and her superiors within the system have bought in to the same model of behavior. Do whatever you perceive as benefiting you the most. Hide the behavior as long as possible. When caught, minimize the impact of the bad behavior. Talk about all the good things you have done. Claim victimhood ( “this is sexist, this is racist”). Claim that other factors were overriding ( as in supposedly weighing the public right to know over Ms. Katehi’s privacy). And if all else fails, fall back on the threat of a lawsuit as nothing speaks louder than large sums of money.

    There are no victims nor innocents here in my opinion. Just the result of everyone involved putting their own personal interest above the interests of those they are claiming they serve. Namely a thoroughly disgusting mess all the way around.

    1. SODA

      Agree with much of what you say Tia. To me the slow, painful evolving of this mess is the saddest as it impacts the reputation of my alma mater at least in my eyes. I have had relatives say well it won’t impact students applying etc but that is not the whole picture. I am still unclear as to why the a President didn’t fire the Chancellor when she apparently refused to resign, as she is an at will employee. She could keep her faculty position which I doubt she would as she did not serve as a faculty member in the true sense before becoming Chancellor.

      1. Jerry Waszczuk

        SODA

        At will not always mean at will in employment . Is so many string attached to the employment at will even with  the private enterprise  employment. Napolitano has no power to fire Chancellor without the  UC Regents vote on . Regents are silent in this matter and looks like regent are not supporting Napolitano’s action against Chancellor at all . The last regents decisions  about the  conflict of interest  for executives is the best sign  that Napolitano screwed up  big time with her personal vendetta against  Chancellor(legally)

      2. DavidSmith

        You are more than correct in understanding the harm to UCD’s reputation caused by all this mess.

        Think about it. The UC President has the ultimate power in deciding Chancellor Katehi’s employment. Napolitano could have fired Katehi right away and it would probably have cause less harm to UCD. Why on earth would she execute it like this? Why on earth would she release the letter to the press? Why on earth would she allow UC spokesperson to lash out personal accusations against the Chancellor?

      3. DavidSmith

        She could keep her faculty position which I doubt she would as she did not serve as a faculty member in the true sense before becoming Chancellor.

        Not true. Chancellor Katehi is an extremely accomplished scholar. She has published and patented prolifically. She is a National Academy of Engineering member and she has served on several advisory committees at the national and international level. All this information you can find freely online.

        In stark contrast, Napolitano is a life politician and has never worked in an academic institution before.

    2. DavidSmith

      I agree it’s two separate issues. But it’s the wrongdoing on the UCOP side that is really causing the damage. The way Napolitano handled this was not only unprofessional and unethical but in fact very very alarming and if successful, will set an extremely bad precedence and a threat to the co-governance model of UC. This is why we need to stand up and speak up.

  4. Miwok

    It seems clear to me that both the Chancellor and her superiors within the system have bought in to the same model of behavior. Do whatever you perceive as benefiting you the most. Hide the behavior as long as possible. When caught, minimize the impact of the bad behavior. Talk about all the good things you have done. Claim victimhood ( “this is sexist, this is racist”). Claim that other factors were overriding ( as in supposedly weighing the public right to know over Ms. Katehi’s privacy). And if all else fails, fall back on the threat of a lawsuit as nothing speaks louder than large sums of money.

    I unfortunately met with this decades ago, seems the State and Feds do this also. All you have to do to be successful is sell your soul.

    Whistleblowing Retaliation Complaint Investigation Filed with the UC Davis Provost and Vice Chancellor Offices on March 7, 2013.

    If Mr Waszczuk is collecting this information on Whistle Blowers, I can relate a couple of my own experiences. I have experienced the LACK of documentation, only denials the papers even exist.

    1. Jerry Waszczuk

      Miwok

      You have to very specific in request of the production of documents under  the PRA provision.

      I could say that PRA office in UC Davis is very good , office  has very professional and cooperative personnel and nice people . Director Lynette Temple and Legal Analysts Michelle McCuen , Jana Gaby , former PRA employee Elizabeth Wisnia are people which are pleasure to deal with regadless what they can or they can not  provide under the PRA . I had no problem with them. If they were late with production  than I got explanation why they are late.

  5. Jerry Waszczuk

    “And if all else fails, fall back on the threat of a lawsuit as nothing speaks louder than large sums of money.”

    Ms. Tia .

    Money talk , b…t walk .  Racism , prejudice,  humiliation , defamation of character, false and unfounded accusations , violation by university of the California Higher Education Employer-Employee Relations Act; Title VII of the Civil Rights Act of 1964, Higher Education Employer-Employee Relations Act; employment discrimination (such as, but not limited to claims under Title VII of the Civil Rights Act of 1964, as amended by the Civil Rights Act of 1991, the California Fair Employment and Housing Act,  the Equal Pay Act of 1963, the Age Discrimination in Employment Act)  cost money , lot of money. 

    In 2012 wrongful termination lawsuit . Ani Chopourian v. Catholic Healthcare West  was awarded  astronomical $167 million jury verdict against her employer in a Sacramento Federal Court.

     

    The Napolitano’s -Haag’s   KANGAROO COURT which blatantly disregards recognized standards of law and justice can’t prevail in this country.  We are not living in McCarthy era. I don’t know why you so blunt and obsessive to attack Chancellor Katehi and her family. Seems to me that your attacks against Chancellor are the camouflaged racially motivated attacks and I don’t see that your strange behavior can be cured without  professional help you should seek for yourself. I have no other explanation for your notorious disregard of  the Chancellor’s  rights  to defend herself and her family in the court of law .  Unavailable.

     

     

    4

     

     

    1. Loki

      Gee, Jerry, your story about your experiences with UCD is full of extraordinary claims of oppression and subterfuge. I can’t imagine why David and the Vanguard haven’t done a follow up on your case! Do you think that they’re secretly trying to surpress your story because they are part of UCD? Maybe David can offer an explanation for why he hasn’t acknowledged your claims?

      1. Jerry Waszczuk

        Loki

        My case is so attached to   regents misappropriation  of  $65,000,000 of  university  financial resources and related to other white collars crimes than I am not expecting that anybody like to touch this . I just received letter from  the U.S Attorney office in this matter .  The former recalled Gov. Grey Davis and his Deputy Chief Legal Secretary Sheleyanne Chang (today Sacramento Superior Court Judge) , former Attorney General Bill Lockyer , former California Independent System Operator Chief Counsel  Charles Robinson (since Jan 2007 UC General Counsel ) left their food prints in this huge white collar crime committed by UC Regents .

        Chancellor Katehi case is a deflection of public  from the bigger stuff because Chancellor Katehi legally did nothing wrong and is being witch hunted by Napolitano.  La Vida Loca

         

    2. DavidSmith

      I don’t know why you so blunt and obsessive to attack Chancellor Katehi and her family. Seems to me that your attacks against Chancellor are the camouflaged racially motivated attacks and I don’t see that your strange behavior can be cured without  professional help you should seek for yourself. I have no other explanation for your notorious disregard of  the Chancellor’s  rights  to defend herself and her family in the court of law .

      Jerry, I don’t get it either and I still can’t figure out why she hates so much to the point of being ridiculous. See the other post where she calls the Chancellor to “share wealth”. I’m speechless.

  6. The Pugilist

    Clearly Napolitano should have just fired Katehi.  When she didn’t, I think she assumed they could cut a deal and get her to go quietly.  I have to question Katehi on this however.  This is not in the best interest of the university, it might be in the best interest of her, but that remains to be seen.

    1. Jerry Waszczuk

      The Pugilist

      Napolitano has no power to fire Chancellor without the UC Regents vote on . If you look  closely, UC Regents are silent in  this matter and Napolitano has no much support from the Board of Regents . Only one regent supported Napolitano’s action who is Lt. Governor Gavin Newsom and who is actually  ex-officio regent  not full regent.  This the real  picture.  The last regents decisions about the executives conflict of interests (May 12, 2016) are not supportive to  the  Napolitano’s personal vendetta against Chancellor Katehi .

       

    2. Marina Kalugin

      oh pugi, you have truly NOT been listing…caps for emphasis.

      And, obviously you have not taken the time to read all the policies that several of us have been trying to feed people like you …

      the Napo didn’t even have the authority to do what she did…..

      listen up children….she did not…

      and obviously she had somone very incompetent draft that letter for her, as it was truly full of holes

      she had no authority that Monday and then on Tuesday  ran to get the gov and a couple of regents to support what she did….

      where is the ignore button….pugi…really get a clue, please  or at least stop repeating what you are repeating as truly, on this you have little clue…

    3. DavidSmith

      Pugilist, I can understand your question. Here is what I think. If you study the timeline of events, you will see the following. Napolitano called Chancellor Katehi into her office and asked her to resign, which Katehi refused. Napolitano then decided to place her on leave, bring on the investigation, and within 48 hours, released to the press (!) the letter which contains sensitive personal information. All this is done without ever consulting with the academic senate!

      This basically leaves no room for the Chancellor to respond and essentially forced her to go to court because her reputation is under allegation from UCOP. From this point on, there is no turning back. The Chancellor has no other choice than defending her reputation.

      As pointed out by many, the UCOP’s actions were taken without ever considering the potential harm to UC Davis. They are ill conceived and badly executed.

      1. Jerry Waszczuk

        David

        Napolitano killed the “Hen that Laid Golden Eggs”  Chancellor brought in very short time over $ 1000, 000,000  to UC Davis  . This is stupid and damn  what Napolitano done  Napolitano is lucky that she  not UC President in   the McCarthy’s  era . She would be thrown into prison as a communist sympathizer and saboteur .

  7. Marina Kalugin

    Just for anyone who may have information about issues at UC…UCD or any UC..

    please do not use the official UC Whistleblowers line….that is a sure way to get investigated, fired, demoted, hours reduced et al.

    Ask Jerry what to do instead….so far, he is becoming the man….

    I also have many, many docs and lots of info for anyone who may find them useful

    For now, I am stepping back as I see that what I said from my first post is actually happening.

    That was the Alumni Support Chancellor Katehi post  back from April.

    I have put my neck way on the line increasingly for the last 2 years at UCD, and that was nearly 2 years even before finding DV…..I am also on leave now getting things together for my upcoming retirement.

    But, I have already offered my services to Chancellor Katehi, should she choose to come back when this fiasco is over.

    I would be willing to come back and help watch her back for her….that is what I am best at.

    Always have been, and that is why my superiors always appreciate me, while some others perhaps not so much…

     

    1. Jerry Waszczuk

      Marina

      Most people don’t know how the  UC administration works in regards to complaints, termination of employment ,and what steps have to be taken to get document from UC . This is a legal stuff and you have to know this stuff  to deal the process .  UC General Counsel Office has top notch super lawyers which knows all tricks to legally deny your inquires . They are highly skilled   professionals. People don’t understand that if University would have reason or cause to fire Chancellor without facing the wrongful or constructive termination of employment  lawsuit than Napolitano would say good bye to Chancellor in March 2016. Ignorance .

      1. Marina Kalugin

        yes Jerry….you and are continuously dismissed as conspiracy theorists and so on…but they have not lived our lives.

        PS>   it was a lovely line somewhere once that “just because you are paranoid, does not mean that someone is not out to get you…

        live and learn, maybe,  some will…some won’t…. I never stop fighting for what is right and trying to share lessons….

        and, sometimes I learn more and have to change sides…

        some don’t like that I speak out……..I tend to shake up the status quo….  oh well…

         

  8. Jerry Waszczuk

    Marina

    As I recall I wrote once that Napolitano was  looking to find Weapon  of Mass Destruction  in Chancellor’s office and in Chancellor ‘s  family employment history .

    Napolitano’s bad luck to prosecute Chancellor force her to use the Weapon of Mass Distraction and Misleading the  UC Davis faculties , staff and public .  Napolitano is  a Master of Disaster as same as  in Obama’s administration. Nothing different . Her record is speaking for itself .

     

  9. Loki

    “One cannot make this stuff up.” Well, I certainly can’t understand why David doesn’t seem to be taking you or Jerry too seriously, Marina. It’s almost like he’s suppressing Jerry’s store for them…Gasp! Your research into these matters, as well as 9/11, has clearly been conducted meticulously. I’m sure you have some wonderful theories concerning JFK and other fantastical subjects, and I for one can’t wait to see you continue to post them to this platform  so that we can go full Alex Jones.

    1. Jerry Waszczuk

      Loki

      UC  Gestapo could easily destroy   Davis Vanguard . I think is better if David with Vanguard sitting on the fence and let us write here. It not such important if David write about me . I could write myself with a little awkward English , but always people could ask to clarify something or ask me for my e-mail and I could send them more info. I have no secrets and I have no history or record  of wrong doing. I got hit by UC Gestapo because UC Gestapo determined that I know something what should not be disclosed . I did not know that and I found about  three years after termination of my employment and after my normal life was completely devastated. Memento Mori.

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