HomeMy WebLinkAbout11-4-2024 Mezzapesa Final PRA Letter.pdfPublic Records Access Unit
Civil Rights & Compliance Office
Office: 805-756-6770
pra@calpoly.edu
1 GRAND AVENUE • SAN LUIS OBISPO • CALIFORNIA • 93407 • 805-756-6770 PRA@ CALPOLY.EDU
November 4, 2024
SENT VIA ELECTRONIC MAIL
John Mezzapesa
Interim Deputy Building Official
Community Development, Building and Safety
City of San Luis Obispo
JMezzape@slocity.org
Re: Cal Poly’s Final Response to Public Records Act Request
Dear Mr. Mezzapesa:
Cal Poly received your October 25, 2024, Public Records Act request for the following records:
I was wondering if you would be willing to share if your records have any
fraternity/sorority events registered at any of the following addresses to take place in the
near future or within the last year:
1. 12 Hathway
2. 171 Orange
3. 132 California
4. 1218/1220 Bond
5. 1327 Foothill
6. 1684/1688 Mill
7. 281 Hathway
8.1229 Fredericks
9. 260 Chaplin
10. 348/350 Hathway
11. 66 Rafael
12. 2090 Hays
13. 1525 Slack
14. 496 Kentucky/1350 Stafford
15. 654/358 Graves
16. 146 Stenner
17. 385 Chaplin
18. 301 Hathway
2
Cal Poly has reviewed your request for records under Government Code §7922.535 and has
determined that the records you seek are not public records and therefore are not subject to the
California Public Records Act (Cal. Gov’t Code §7920.530).
The California Public Records Act (CPRA) provides access to public records, which is defined as
“any writing containing information relating to the conduct of the public’s business.” Cal. Govt.
Code §7920.530. The CPRA is designed “to ensure public access to vital information about the
government’s conduct of its business.” City of San Jose v. Superior Court (1999) 74 Cal.App.4th
1008, 1019-1020. Records concerning the addresses where fraternity/sorority registered events
occurred (i.e., student residential addresses) are not records regarding the conduct of the
university’s business. To the extent that the university may have information concerning the
addresses of fraternity/sorority events, disclosure of such records does not contribute to the public's
understanding of the university's business and therefore they are not public records to be disclosed
under the California Public Records Act.
Even if the requested records could be construed as public records, they would be subject to the
following exemptions which would require that they be withheld:
• Materials that reflect student education records or may violate student privacy. Cal. Govt.
Code §§7927.705, 7922.000; 21 U.S.C. §1232g.
• General Privacy Rights. Cal. Govt. Code §7927.705; Cal. Const. Art. 1, §1.
• Records where the public interest against disclosure outweighs the public interest in
disclosure. Cal. Govt. Code §7922.000.
The information that Cal Poly is able to provide concerning fraternity/sorority registered events
can be found in our 2023-2024 Campus Recognized Sorority and Fraternity Transparency Act
Report (see Cal. Ed. Code § 66310 et seq) which is posted on the below listed at the below web
address:
https://greeklife.calpoly.edu/reports
As Cal Poly’s Public Records Access Officer, I made the decision that certain records are exempt
and will not be disclosed.
If you have any questions, please contact the Public Records Access Unit at pra@calpoly.edu.
Sincerely,
Kevin Cushing
Public Records Access Officer
Civil Rights & Compliance Office – Public Records Access Unit
California Polytechnic State University