Correction Appended
UCLA denied a request from the Daily Bruin for information about
a Greek system incident, the latest in a series of possible
violations of California public records law.
The newspaper requested information related to the revocation of
campus fraternity Sigma Chi’s university sponsorship on April
5.
In a letter dated April 16, UCLA attorney Patricia Jasper wrote
that the fraternity was appealing the university’s decision
to revoke its sponsorship and that releasing documents pending a
final determination on the appeal “would not be in the public
interest” and could “compromise the provision of a fair
appeal opportunity.”
Sigma Chi President Pat Bouteller declined to comment.
Jonathan Anschell, attorney for the Daily Bruin, said the
requested records deal with the original revocation of the
fraternity’s sponsorship, not the ongoing appeals
process.
“The fact that these records pertain to a decision that
has already been made puts this clearly in the public arena,”
Anschell said.
Jasper, the UCLA counsel, cited Gov. Code 6255 of the California
Public Records Act in her letter, which states that an agency must
demonstrate that “the public interest served by not
disclosing the record clearly outweighs the public interest served
by disclosure of the record.”
But Anschell said the public interest in this case clearly
favors releasing the records. He was also critical of
Jasper’s claim that releasing information would
“undermine the functioning of the appeals process.”
“Simply making the public aware of what has happened
won’t by itself influence or taint the process,” he
said. “The public is entitled to be aware of what’s
going on.”
UCLA has resisted complying with records requests from The Bruin
in other instances this year. Last quarter, when all of sorority
row was put on probation for violations of the university alcohol
policy, administrators stalled the release of information for
nearly a month before finally disclosing it.
Also last quarter, the university was slow to comply with a
Bruin reporter seeking information on the number of Chicano and
Latino students on academic probation, but eventually it released
those records. The Records Act gives agencies a maximum 10-day
response period for records requests but also states that records
should be produced faster if possible.
Other legal experts are similarly critical of the
university’s refusal to disclose the information pertaining
to Sigma Chi’s situation.
A representative of the Student Press Law Center agreed with
Anschell that the university’s claim that ongoing
deliberations make the record exempt does not apply in this case,
as the requested records deal with a matter that has already been
concluded: the decision to dissociate the fraternity.
“The bottom line is they already made a decision, and they
already revoked somebody’s charter,” he said.
In this case, the public’s interest in knowing the
original reasons for the act clearly outweigh interest in the
private appeals process, he added.
Karl Olson, a San Francisco-based lawyer specializing in media
law, said in his experience, public agencies often use Code 6255
““ the part of the records act cited by Jasper ““
“if they can’t think of any real reason” to
refuse releasing information.
Past court cases have emphasized that the Records Act is
designed to promote release of government records to provide
transparency and accountability for government officials and
processes.
A state court ruled in the 1991 case Times Mirror Company v.
Superior Court of Sacramento County that records should be released
when public interest in privacy does not clearly outweigh interest
in publicity, “whatever the incidental impact on the
deliberative process.”
Jasper was on vacation Monday and was not available to respond.
Associate Campus Counsel Amy Blum echoed sentiments expressed in
Jasper’s letter, saying the matter of the fraternity’s
university sponsorship has not been finalized, and that public
interest lies with retention of information relevant to the
case.
Correction:The story should have made clear that the revocation
of Sigma Chi’s university sponsorship was on April 5, and
that the Daily Bruin requested records regarding this incident on
April 7.