CSU Stanislaus Releases Palin Speaker's Contract

Posted by Terry Francke, General Counsel | Aug 26, 2010 | Uncategorized | 0 |

PUBLIC INFORMATION — CSU Stanislaus today released the Sarah Palin speaking engagement contract as ordered by the judge in the case brought by Californians Aware, with the following statement by University Counsel Dawn Theodora.

While we appreciate
the court's acknowledgment that foundations remain nonprofit, private
charitable organizations not subject to the Public Records Act, we find his
interpretation regarding the university's 'use' of the contract regarding Sarah
Palin's appearance at the 50^th anniversary gala at California State
University Stanislaus to be very puzzling. It appears that the judge, without direct evidence, made an
assumption based on one email exchange that the Chancellor had in fact actually
seen a copy of the contract, when that is not the case.

However, since the
court has mandated that the university produce the contract, we will be
requesting that the California State University Stanislaus Foundation disclose
the contract since the university has never had a copy. The university complied with CalAware's
original request and provided more than 3,000 pages of records in May.

We are disappointed with the court's
ruling, but will comply with the requirements set out in the order. In addition, we recognize the
Foundation's responsibility to remain accountable and transparent to the
public, and will continue to provide information relevant to the public about
the operations of the foundation, and also comply with all state and federal
laws that govern nonprofit organizations including auxiliaries.

Yet to be released are university records documenting its costs of providing personnel, equipment, facilities and other support for the Palin event, which the CSU Foundation is required to reimburse.

About The Editor

Terry Francke, General Counsel

Terry Francke has a 39-year history of helping journalists, citizens and public officials understand and use their First Amendment and open government rights. With CalAware, Francke has authored comprehensive and authoritative guidebooks to California law on access to government meetings and public records and the news gathering and publication rights of journalists. Focusing on these issues in public forum law, he supervises CalAware's legislative and litigation initiatives; conducts workshops on legal compliance; helps design public records audits; supports local sunshine ordinance drafting efforts; writes CalAware Today, a blog on current developments and proposals in the law and best practices; and answers countless queries by phone and e-mail from citizens, journalists, public officials and employees, and lawyers. Francke previously served 14 years as executive director and general counsel to the California First Amendment Coalition, after a 10-year post as legal counsel for the California Newspaper Publishers Association. He has served as an advisory panel member to the National Center on Courts and the Media; taught journalism law at the Department of Communication at Stanford University; and served as an expert contributor to the 1994 major revisions to the Ralph M. Brown Act and the 2004 ballot proposition making open government a basic right of citizens under the California Constitution. Francke is a 1967 graduate of the University of Notre Dame and a 1979 graduate of McGeorge School of Law, University of the Pacific. Prior to his legal career, Francke worked as a weekly newspaper editor and in military and local government public affairs positions.

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