This is a request under the Oregon Public Records Law, Or. Rev. Stat. § 192 (the “Act”), and under the common law right of access. I am making this request as a full-time journalist with The Associated Press.
Pursuant to the Act, I am requesting a copy of the following public records: 1. All email messages, including attachments, and text messages from Sept. 9, 2016 to Nov. 6, 2016, that contain the words Nike, Adidas or Under Armour in the subject, body, to, from, CC or BCC fields of the message received or sent by: Dana Altman (daobb@uoregon.edu) or Kevin McKenna (kmckenna@uoregon.edu). 2. All email messages, including attachments, and text messages from Nov. 11, 2016 to March 29, 2017, that contain the words Nike, Adidas or Under Armour in the subject, body, to, from, CC or BCC fields of the mail message received or sent by: Dana Altman (daobb@uoregon.edu) or Kevin McKenna (kmckenna@uoregon.edu). 3. All email messages, including attachments, and text messages from April 6, 2017 to April 19, 2017, that contain the words Nike, Adidas or Under Armour in the subject, body, to, from, CC or BCC fields of the mail message received or sent by: Dana Altman (daobb@uoregon.edu) or Kevin McKenna (kmckenna@uoregon.edu). 4. All email messages, including attachments, and text messages from April 21, 2017 to April 30, 2017, that contain the words Nike, Adidas or Under Armour in the subject, body, to, from, CC or BCC fields of the mail message received or sent by: Dana Altman (daobb@uoregon.edu) or Kevin McKenna (kmckenna@uoregon.edu). 5. Any and all written communications and any written documents between the basketball staff above and representatives from Nike, Adidas or Under Armour made from Sept. 9, 2016 and Nov. 6, 2016; Nov. 11, 2016 to March 29, 2017; April 6, 2017 to April 19, 2017; April 21, 2017 to April 30, 2017. 6. All calendars, schedules and phone logs of the basketball coaching staff above that reference Nike, Adidas and Under Armour and any of its individuals or representatives during the following dates: Sept. 9, 2016 and Nov. 6, 2016; Nov. 11, 2016 to March 29, 2017; April 6, 2017 to April 19, 2017; April 21, 2017 to April 30, 2017. I am requesting that the communications be retrieved through an electronic search by the IT department or legal team from the retained email system. I would like to receive the information in electronic format, either by email or CD-ROM. I note that under the Act, “if the public record is maintained in a machine readable or electronic form, the custodian shall provide a copy of the public record in the form requested, if available.” Or. Rev. Stat. § 192.440(3). I ask that you waive any and all fees associated with this request pursuant to Or. Rev. Stat. § 192.440(5). I am making the request as an AP reporter and this request is made as part of newsgathering. Release of the information will primarily benefit the general public because it will contribute significantly to the public understanding of how college sports teams work with major apparel makers; the federal government has recently brought corruption charges in this area and transparency is needed to ensure the public fully understands these relationships. If you deny this request for a fee waiver, please advise me in advance of the estimated charges if they are to exceed $50 and include a list of the charges. I remind you that the State must furnish documents at a fee reflecting the “actual cost of making public records available.” Or. Rev. Stat. § 192.440(4)(a). If this request is denied in whole or part, I ask that you justify all deletions by reference to specific exemptions of the Act, and inform me of appeals procedures available to me under the law. I also expect you to release all segregable portions of otherwise exempt material. I reserve the right to appeal your decision to withhold any information or to deny a waiver of fees. Under the Act, this request must be acted upon “as soon as practicable and without unreasonable delay.” Or. Rev. Stat. § 192.440(1)(b)(2). As I am making this request as a journalist and the information is of timely value, I would appreciate your communicating with me by e-mail at jpisani@ap.org or by phone at 212-621-1975, rather than by mail, if you have questions regarding this request. I would appreciate your handling this request as quickly as possible, and I look forward to hearing from you. Thank you for your assistance.