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Even though Michael A. Ayele (a.k.a) W has never sought nor solicited the approbation and validation of anyone for his published work contextualizing the circumstances that led up to the enactment of Audrieu2019s Law on (or around) September 30th 2014, unknown others with supposed ties to the University of Missouri, Saint Louis (UMSL) have redistributed his written content in a manner that was inconsistent with DataCite Commons guidelines.
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3/19/24, 10:17 AM DataCite Data File Use Policy Guides DataCite Data File Use Policy DataCite Data File Use Policy To the extent possible under law, DataCite e.V. has waived all copyright and related or neighboring rights to DataCite Data File. The DataCite Data File includes all DOIs and deposited metadata in our database. CC0 enables scientists, educators, artists and other creators and owners of copyright- or database-protected content- to waive those interests in their works and thereby place them as completely as possible in the public domain, so that others may freely build upon, enhance and reuse the works for any purposes without restriction under copyright or database law. Consistent with a CC0 waiver, the DataCite Data File is free for use, but it is also free of any warranties or guarantees that might come with a commercial license. DataCite accepts no liability for your use of any data in the Public Data File. For more details, please see the terms of the Creative Commons CC0 1.0 Universal public domain dedication. This means that DataCite makes no copyright, related or neighboring rights claims to the aggregated data. Consistent with this broad waiver, DataCite does not impose any conditions on access to and use of the DataCite Data File. However, we remind you that DataCite can only waive rights that it owns; therefore, (i) the waiver does not apply to resources that are listed by links in the DataCite Data File, for example, datasets, and (ii) the underlying data elements remain subject to any rights of the individuals featured, including rights of privacy and publicity. In respect of those individuals and in order to maximize the usefulness of this resource for the entire research and scholarly communications community, we request that you follow these community norms in using the DataCite Data File. Please give attribution to DataCite as the source of the DataCite Data File. Do not modify any data so as to make it false, incomplete, defamatory, or misleading. We are very interested in hearing about ways in which people are making use of the DataCite Data File. Please contact us if you are willing to share your experiences. The DataCite Data File is available via the DataCite APIs and we expect to make an annual Data File available for download in the next year. Please note that the CC0 waiver does not apply to use of the DataCite e.V. name, and other DataCite marks and logos. Updated 3 months ago https://support.datacite.org/docs/datacite-data-file-use-policy 1/2
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3/19/24, 10:37 AM Gmail - Registering DOIs with DataCite Commons Michael Ayele <waacl13@gmail.com> Registering DOIs with DataCite Commons Mary Hirsch <support@datacite.org> Reply-To: support@datacite.org To: Michael Ayele <waacl13@gmail.com> Fri, Jan 26, 2024 at 5:56 PM Hi Michael, DataCite is DOI Registration Agency and a member of the DOI foundation. https://www.doi.org/the-community/existing- registration-agencies/ If a DataCite DOI is registered for any of your works, if will appear in doi.org. If the content that the DOI resolves to is deleted or retracted repositories can follow the workflow outlined here to deactivate a DOI https://support.datacite.org/docs/doi-persistence Kind regards, Mary — Mary Hirsch | Member Support Manager | DataCite E: mhirsch@datacite.org | ORCID W:datacite.org | Blog | Twitter | LinkedIn Support Desk | Support Site | PID Forum A: DataCite e.V. -- Welfengarten 1B, 30167 Hannover, Germany On January 26, 2024 at 3:12 PM GMT+1 waacl13@gmail.com wrote: Hello, This is Michael A. Ayele sending this message though I now go by W and I prefer to be referred to as such. I am writing this letter in response to your earlier message, which I've been thinking about. As a researcher, I have previously used the website of the DOI foundation (https://www.doi.org/) for the purpose of checking if a DOI was registered to my research paper / journal article. Given that you have concluded written agreements with CERN, Figshare, OSF and ORCID, is there a mechanism on your website (similar to the DOI foundation) that would enable me to check if my DOIs have been registered with DataCite Commons? If a research paper / journal article has been registered with DataCite Commons, what happens to that registration if the research paper / journal article (that has been assigned a DOI) is deleted by the author/right holder of the paper/article? Thanks. Be well. Take care. Keep yourselves at arms distance. Michael A. Ayele (a.k.a) W Anti-Racist Human Rights Activist Audio-Visual Media Analyst Anti-Propaganda Journalist On Fri, Jan 26, 2024 at 3:44 PM Mary Hirsch <support@datacite.org> wrote: Hi Michael, I have added further comments below: In your message, you stated that Open Science Framework (OSF) was a DataCite Commons member. However, in the uniform resource locator (URL) you have provided, OSF is not listed as a member. Please see the screenshots I took below, which provides no listing of OSF as a DataCite Commons member in the https://mail.google.com/mail/u/0/?ik=be10e4fd3f&view=pt&search=all&permmsgid=msg-f:1789165315756419611&dsqt=1&simpl=msg-f:17891653157… 1/7
3/19/24, 10:37 AM Gmail - Registering DOIs with DataCite Commons alphabetical letter O. Is it possible that OSF has not yet been added as a DataCite Commons member on your website? Do you know when OSF became a member of DataCite Commons? Can you provide the exact terms and conditions of the written agreement concluded between OSF and DataCite Commons? The Open Science Framework is part of the Center for Open Science. They are copied on this thread and can provide you with more information about the terms under which your content is made available on their platform. In the message you had sent me a little earlier, I noticed that you have listed the European Organization for Nuclear Research (CERN) and Figshare Consortium as members. Can you provide the terms and conditions of the written agreements concluded between DataCite Commons and CERN as well as DataCite Commons and Figshare? The terms of the agreements for each organisation are basically the same as those I shared in my previous email. We recommend you send a request directly to CERN and Figshare if you would like them to share their specific agreements with you. Also, can you tell me more about DOI registration with DataCite Commons? How often does DataCite Commons register DOIs? Does DataCite Commons register DOIs on a daily basis and/or a weekly basis and/or a monthly basis? There are currently more than 50 million DOIs registered by DataCite Members. They are registered on a daily basis. You can see them with this API query: https://api.datacite.org/dois Kind regards, Mary — Mary Hirsch | Member Support Manager | DataCite E: mhirsch@datacite.org | ORCID W:datacite.org | Blog | Twitter | LinkedIn Support Desk | Support Site | PID Forum A: DataCite e.V. -- Welfengarten 1B, 30167 Hannover, Germany On January 26, 2024 at 12:10 PM GMT+1 waacl13@gmail.com wrote: Hello, This is Michael A. Ayele sending this message though I now go by W and I prefer to be referred to as such. I am writing this letter in response to your correspondence from a little earlier, which I have since reviewed. In your message, you stated that Open Science Framework (OSF) was a DataCite Commons member. However, in the uniform resource locator (URL) you have provided, OSF is not listed as a member. Please see the screenshots I took below, which provides no listing of OSF as a DataCite Commons member in the alphabetical letter O. Is it possible that OSF has not yet been added as a DataCite Commons member on your website? Do you know when OSF became a member of DataCite Commons? Can you provide the exact terms and conditions of the written agreement concluded between OSF and DataCite Commons? https://mail.google.com/mail/u/0/?ik=be10e4fd3f&view=pt&search=all&permmsgid=msg-f:1789165315756419611&dsqt=1&simpl=msg-f:17891653157… 2/7
3/19/24, 10:37 AM Gmail - Registering DOIs with DataCite Commons In the message you had sent me a little earlier, I noticed that you have listed the European Organization for Nuclear Research (CERN) and Figshare Consortium as members. Can you provide the terms and conditions of the written agreements concluded between DataCite Commons and CERN as well as DataCite Commons and Figshare? Also, can you tell me more about DOI registration with DataCite Commons? How often does DataCite Commons register DOIs? Does DataCite Commons register DOIs on a daily basis and/or a weekly basis and/or a monthly basis? Thanks. Be well. Take care. Keep yourselves at arms distance. Michael A. Ayele (a.k.a) W Anti-Racist Human Rights Activist Audio-Visual Media Analyst Anti-Propaganda Journalist On Fri, Jan 26, 2024 at 1:27 PM Mary Hirsch <support@datacite.org> wrote: Hi Michael, Please see my comments below in purple: After reading your email, I was given the impression that Open Science Framework (OSF) used the services of DataCite Commons for the purpose of registering a Digital Object Identifier (DOI) for my research papers / journal articles. Is this true? OSF is a DataCite Member and register DOIs using DataCite services (DataCite Commons is for exposing metadata, not registering DOIs). Has OSF used the services of DataCite Commons for the purpose of registering a DOI for my research papers / journal articles? For this example https://osf.io/TVRQE/ there is a DOI assigned: https://doi.org/10. 17605/OSF.IO/TVRQE . If yes, have OSF and Data Cite Commons concluded any written agreements for the purpose of registering DOIs? If yes, will you disclose that agreement? As a DataCite Member https://datacite.org/members/ OSF have signed an agreement with DataCite, similar to this one which is shared by ETH Library: https://ethz.ch/ content/dam/ethz/associates/ethlibrary-dam/documents/Publizieren-und-Archivieren/ Publizieren-und-Registrieren/eth-datacite_terms_and_conditions.pdf Are there other platforms who use the services of DataCite Commons for the purpose of registering DOIs to research papers / journal articles that are published with them? Yes, DataCite has a global membership of libraries and research institutions dedicated to sharing research openly https://datacite.org/members/ Unfortunately, your email from yesterday did not address several questions I had about DataCite Commons. For instance, on your website, you say that "DataCite Commons was officially launched in October 2020 by the FREYA project, funded by the European Union’s Horizon 2020 research and innovation programme under grant agreement No 777523." Please see here.: https://commons.datacite.org/about . However, you still have not provided the terms and conditions of the agreement you have concluded with the European Union (E.U) under grant agreement No.: 777523. Can you provide the terms and conditions of that agreement? Here is the agreement: https://cordis.europa.eu/project/id/777523 https://mail.google.com/mail/u/0/?ik=be10e4fd3f&view=pt&search=all&permmsgid=msg-f:1789165315756419611&dsqt=1&simpl=msg-f:17891653157… 3/7
3/19/24, 10:37 AM Gmail - Registering DOIs with DataCite Commons Furthermore, you say that "DataCite offers Fabrica as a DOI and metadata management service allowing organizations to register and manage DOIs for their research outputs. With Fabrica, organizations can easily assign DOIs, maintain accurate and FAIR metadata, and ensure persistent links for long-term accessibility and citation of their valuable research outputs. Additionally, DataCite provides an API that enables organizations to create DOIs systematically, expanding the flexibility and scalability of DOI creation and management within their research workflows." Please see here.: https://datacite.org/create-dois/ . However, it remains unclear (at least to me) who can submit their research papers / journal articles to Fabrica and be assigned DOIs? Organizations that have joined DataCite as a Member or part of a Consortium can register DOIs for the resources shared in their repositories. Further reading: https://datacite.org/what-we-do/ https://datacite.org/global-access-program/ Kind regards, Mary — Mary Hirsch | Member Support Manager | DataCite E: mhirsch@datacite.org | ORCID W:datacite.org | Blog | Twitter | LinkedIn Support Desk | Support Site | PID Forum A: DataCite e.V. -- Welfengarten 1B, 30167 Hannover, Germany On January 24, 2024 at 2:42 PM GMT+1 waacl13@gmail.com wrote: Hello, This is Michael A. Ayele sending this message though I now go by W and I prefer to be referred to as such. I am writing this letter in response to your correspondence from yesterday for the purpose of getting clarifications about DataCite Commons. After reading your email, I was given the impression that Open Science Framework (OSF) used the services of DataCite Commons for the purpose of registering a Digital Object Identifier (DOI) for my research papers / journal articles. Is this true? Has OSF used the services of DataCite Commons for the purpose of registering a DOI for my research papers / journal articles? If yes, have OSF and Data Cite Commons concluded any written agreements for the purpose of registering DOIs? If yes, will you disclose that agreement? Are there other platforms who use the services of DataCite Commons for the purpose of registering DOIs to research papers / journal articles that are published with them? Unfortunately, your email from yesterday did not address several questions I had about DataCite Commons. For instance, on your website, you say that "DataCite Commons was officially launched in October 2020 by the FREYA project, funded by the European Union’s Horizon 2020 research and innovation programme under grant agreement No 777523." Please see here.: https://commons.datacite.org/about . However, you still have not provided the terms and conditions of the agreement you have concluded with the European Union (E.U) under grant agreement No.: 777523. Can you provide the terms and conditions of that agreement? Furthermore, you say that "DataCite offers Fabrica as a DOI and metadata management service allowing organizations to register and manage DOIs https://mail.google.com/mail/u/0/?ik=be10e4fd3f&view=pt&search=all&permmsgid=msg-f:1789165315756419611&dsqt=1&simpl=msg-f:17891653157… 4/7
3/19/24, 10:37 AM Gmail - Registering DOIs with DataCite Commons for their research outputs. With Fabrica, organizations can easily assign DOIs, maintain accurate and FAIR metadata, and ensure persistent links for long-term accessibility and citation of their valuable research outputs. Additionally, DataCite provides an API that enables organizations to create DOIs systematically, expanding the flexibility and scalability of DOI creation and management within their research workflows." Please see here.: https://datacite.org/create-dois/ . However, it remains unclear (at least to me) who can submit their research papers / journal articles to Fabrica and be assigned DOIs? I look forward to your response on these important issues. Be well. Take care. Keep yourselves at arms distance. Michael A. Ayele (a.k.a) W Anti-Racist Human Rights Activist Audio-Visual Media Analyst Anti-Propaganda Journalist On Tue, Jan 23, 2024 at 6:24 PM Mary Hirsch <support@datacite.org> wrote: Hi Michael, Thank you for your message. DataCite Commons is a public search interface where anyone can search through DataCite's metadata catalogue. Resources appear here because they have been assigned a DataCite DOI. All DataCite DOI metadata is available openly with a CC0 license. Access and licensing for the underlying work itself is different and is managed by the repository or journal where it was published. I am looping in OSF who registered the DOIs that are assigned to your works. Below are some links to useful resources: https://datacite.org/what-we-do/ https://support.datacite.org/docs/datacite-commons https://support.datacite.org/docs/datacite-data-file-use-policy Let me know if you need any further information. Kind regards, Mary — Mary Hirsch | Member Support Manager | DataCite E: mhirsch@datacite.org | ORCID W:datacite.org | Blog | Twitter | LinkedIn Support Desk | Support Site | PID Forum A: DataCite e.V. -- Welfengarten 1B, 30167 Hannover, Germany ----------- Forwarded message ----------- From: waacl13@gmail.com Date: January 23, 2024 at 5:42 AM GMT+1 Subject: Michael A. Ayele (a.k.a) W Published Research on Open Science Framework (OSF) Being Redistributed by DateCite Commons? To: support@datacite.org Cc: waacl1313@gmail.com, waacl13@gmail.com, https://mail.google.com/mail/u/0/?ik=be10e4fd3f&view=pt&search=all&permmsgid=msg-f:1789165315756419611&dsqt=1&simpl=msg-f:17891653157… 5/7
3/19/24, 10:37 AM Gmail - Registering DOIs with DataCite Commons waacl42913@gmail.com W (AACL) Date.: January 23rd 202 4 Michael A. Ayele P.O.Box 20438 Addis Ababa, Ethiopia E-mail: waacl13@gmail.com ; waacl1313@gmail.com ; waacl42913@gmail.com Michael A. Ayele (a.k.a) W Published Research on Open Science Framework (OSF) Being Redistributed? Hello, This is Michael A. Ayele sending this message though I now go by W. You may call me W. I am writing this letter to DataCite Commons because it recently came to my attention that some of my Open Science Framework (OSF) journal articles were being redistributed on your platform. The journal articles (I am the author/right holder of) that went on to be redistributed by DataCite Commons include (but may not be limited to the following): 1)About the November 29th 2021 Employment Related Murder of Delfina Pan in the City of Miami Beach, Florida. Open Science Framework (OSF) Digital Object Identifier (DOI).: 10.17605/OSF.IO/TVRQE. Retrievable here.: https://osf.io/tvrqe/ 2)About Michael Ayele (a.k.a) W October 26th 2013 at the Fulton State Hospital (FSH) now defunct Biggs Forensic Center (BFC) New Outlook Program (NOP) - # Missouri Revises Statutes (RSMO) Section 590.502 - # Title VII of the 1964 and 1991 Civil Rights Act. Open Science Framework (OSF) Digital Object Identifier (DOI).: 10.17605/OSF.IO/GJ3FQ. Retrievable here.: https://osf.io/gj3fq/ 3)About the National Council on Disability (NCD) and the United States of America (U.S.A) Foreign Policy Towards Disability - # Michael Ayele (a.k.a) W October 2017 - # United Nations (U.N) Convention on the Rights of Persons With Disabilities (CRPD). Open Science Framework (OSF) Digital Object Identifier (DOI).: 10.17605/OSF.IO/4XWZQ. Retrievable here.: https://osf.io/4xwzq/ 4)About the Employment File of Involuntary Celibate (Incel) Scott Paul Beierle at the Volusia County School District (located in the State of Florida) - # Michael A. Ayele (a.k.a) W - # Department of Homeland Security (DHS) March 2022 Report in Perspective and Context. Open Science Framework (OSF) Digital Object Identifier https://mail.google.com/mail/u/0/?ik=be10e4fd3f&view=pt&search=all&permmsgid=msg-f:1789165315756419611&dsqt=1&simpl=msg-f:17891653157… 6/7
3/19/24, 10:37 AM Gmail - Registering DOIs with DataCite Commons (DOI).: 10.17605/OSF.IO/GUZQB. Retrievable here.: https://osf.io/guzqb/ Please see the attached file of the screenshots I took visualizing how my OSF journal articles were redistributed by DataCite Commons. The reason I am contacting you is because I was hoping you’d address questions I have about the relationship that exists between OSF and DataCite Commons. 1) Has OSF concluded with DataCite Commons some sort of licensing agreement that enables your platform to redistribute the journal articles and the research papers, which are published on OSF? If yes, can provide me with the terms and conditions of the contractual agreements that were concluded between OSF and DataCite Commons? 2) What exactly is the nature of the relationship between DataCite Commons and the European Union (E.U)? Will you disclose the terms and conditions of the European Union’s Horizon 2020 research and innovation program grant agreements No.: 777523? 3) How did you exactly come across some of the journal articles and research papers I have published on OSF? 4) Does DataCite Commons help individual researchers create digital object identifiers (DOI) for their research papers and their journal articles? Can individual researchers register with Fabrica and create DOIs for their research papers and their journal articles? Be well. Take care. Keep yourselves at arms distance. Michael A. Ayele (a.k.a) W Anti-Racist Human Rights Activist Audio-Visual Media Analyst Anti-Propaganda Journalist https://mail.google.com/mail/u/0/?ik=be10e4fd3f&view=pt&search=all&permmsgid=msg-f:1789165315756419611&dsqt=1&simpl=msg-f:17891653157… 7/7
3/19/24, 10:31 AM Gmail - Relationship Between Zenodo and DataCite Commons Michael Ayele <waacl13@gmail.com> Relationship Between Zenodo and DataCite Commons Michael Ayele <waacl13@gmail.com> To: info@zenodo.org Cc: Michael Ayele <waacl1313@gmail.com>, "Michael Ayele (W)" <waacl13@gmail.com>, Michael Ayele <waacl42913@gmail.com> Sun, Jan 28, 2024 at 9:54 AM W (AACL) Date.: January 28th 2024 Michael A. Ayele P.O.Box 20438 Addis Ababa, Ethiopia E-mail: waacl13@gmail.com ; waacl1313@gmail.com ; waacl42913@gmail.com Relationship Between Zenodo and DataCite Commons Hello, This is Michael A. Ayele sending this message though I now go by W. You may call me W. I am writing this letter to Zenodo because it recently came to my attention that the European Organization for Nuclear Research (CERN) has been listed as a member of DataCite Commons. Please see the attached files of the screenshots I took visualizing how CERN - Zenodo has been listed as a member of DataCite Commons. The reason I am contacting you is because I was hoping you’d address a few questions I had about the relationship that exists between CERN - Zenodo and DataCite Commons. 1)Can you confirm that the CERN - Zenodo is indeed a member of DataCite Commons? 2)Can you disclose any written agreements concluded between CERN - Zenodo and DataCite Commons that enables DataCite Commons to register CERN - Zenodo Digital Object Identifiers (DOI)? I look forward to hearing from you on these important issues. Be well. Take care. Keep yourselves at arms distance. Michael A. Ayele (a.k.a) W Anti-Racist Human Rights Activist Audio-Visual Media Analyst Anti-Propaganda Journalist https://mail.google.com/mail/u/0/?ik=be10e4fd3f&view=pt&search=all&permmsgid=msg-a:r-3452733990205105448&simpl=msg-a:r-34527339902051… 1/2
3/19/24, 10:31 AM Gmail - Relationship Between Zenodo and DataCite Commons Screenshot (980).png 153K https://mail.google.com/mail/u/0/?ik=be10e4fd3f&view=pt&search=all&permmsgid=msg-a:r-3452733990205105448&simpl=msg-a:r-34527339902051… 2/2
3/19/24, 10:32 AM Gmail - Relationship Between Zenodo and DataCite Commons Michael Ayele <waacl13@gmail.com> Relationship Between Zenodo and DataCite Commons Zenodo <info@zenodo.org> To: waacl13 <waacl13@gmail.com> Cc: waacl1313@gmail.com, waacl42913@gmail.com Wed, Jan 31, 2024 at 12:25 PM https://mail.google.com/mail/u/0/?ik=be10e4fd3f&view=pt&search=all&permmsgid=msg-f:1789597448907462903&simpl=msg-f:1789597448907462903 1/4
3/19/24, 10:32 AM Gmail - Relationship Between Zenodo and DataCite Commons https://mail.google.com/mail/u/0/?ik=be10e4fd3f&view=pt&search=all&permmsgid=msg-f:1789597448907462903&simpl=msg-f:1789597448907462903 2/4
3/19/24, 10:32 AM Dear W, Gmail - Relationship Between Zenodo and DataCite Commons Thank you for your message. Regarding question #1 - CERN is indeed a member of DataCite Commons, which allows Zenodo to use some services from DataCite (i.e. DOI registration). You can find more information here: https://sis.web.cern.ch/submit-and- publish/persistent-identifiers/doi Regarding question #2 - We can't disclose any written agreement. Best regards, Manuel Zenodo Support https://zenodo.org Support Zenodo — Could we suggest you support Zenodo’s features' development by donating to the CERN & Society Foundation? For more information see https://zenodo.org/donate or reach out directly to our Partnerships & Fundraising colleagues (donorcare@csf.cern.ch) if you have any doubts about the donation process. On Jan 27, 2024 at 10:55 PM waacl13 <waacl13@gmail.com> wrote: W (AACL) Date.: January 28th 2024 Michael A. Ayele P.O.Box 20438 Addis Ababa, Ethiopia E-mail: waacl13@gmail.com ; waacl1313@gmail.com ; waacl42913@gmail.com *Relationship Between Zenodo and DataCite Commons * Hello, This is Michael A. Ayele sending this message though I now go by W. You may call me W. I am writing this letter to Zenodo because it recently came to my attention that the European Organization for Nuclear Research (CERN) has been listed as a member of DataCite Commons. Please see the attached files of the screenshots I took visualizing how CERN - Zenodo has been listed as a member of DataCite Commons. The reason I am contacting you is because I was hoping you’d address a few questions I had about the relationship that exists between CERN - Zenodo and DataCite Commons. 1) Can you confirm that the CERN - Zenodo is indeed a member of DataCite Commons? 2) Can you disclose any written agreements concluded between CERN - Zenodo and DataCite Commons that enables DataCite Commons to register CERN - Zenodo Digital Object Identifiers (DOI)? I look forward to hearing from you on these important issues. Be well. Take care. Keep yourselves at arms distance. Michael A. Ayele (a.k.a) W Anti-Racist Human Rights Activist https://mail.google.com/mail/u/0/?ik=be10e4fd3f&view=pt&search=all&permmsgid=msg-f:1789597448907462903&simpl=msg-f:1789597448907462903 3/4
3/19/24, 10:32 AM Audio-Visual Media Analyst Anti-Propaganda Journalist Gmail - Relationship Between Zenodo and DataCite Commons Powered by UserVoice. https://mail.google.com/mail/u/0/?ik=be10e4fd3f&view=pt&search=all&permmsgid=msg-f:1789597448907462903&simpl=msg-f:1789597448907462903 4/4
3/19/24, 10:22 AM Gmail - Michael A. Ayele (a.k.a) W Published Journal Articles on Figshare Being Redistributed by DataCite Commons Michael Ayele <waacl13@gmail.com> Michael A. Ayele (a.k.a) W Published Journal Articles on Figshare Being Redistributed by DataCite Commons Michael Ayele <waacl13@gmail.com> To: support@figshare.com, info@figshare.com Cc: Michael Ayele <waacl1313@gmail.com>, "Michael Ayele (W)" <waacl13@gmail.com>, Michael Ayele <waacl42913@gmail.com> Sun, Jan 28, 2024 at 9:43 AM W (AACL) Date.: January 28th 2024 Michael A. Ayele P.O.Box 20438 Addis Ababa, Ethiopia E-mail: waacl13@gmail.com ; waacl1313@gmail.com ; waacl42913@gmail.com Michael A. Ayele (a.k.a) W Published Journal Article on Figshare Being Redistributed by DataCite Commons Hello, This is Michael A. Ayele sending this message though I now go by W. You may call me W. I am writing this letter to Figshare because it recently came to my attention that some of the research papers / journal articles I had published on Figshare were being redistributed by DataCite Commons. The journal articles (I am the author/right holder of) that went on to be redistributed by DataCite Commons include (but may not be limited to the following): 1)Women’s History Month in the City of Hermosa Beach, California - # Michael Ayele (a.k.a) W Condemns the Entitlement of America’s Involuntary Celibate Community. Retrievable here.: https://doi.org/10.6084/m9.figshare.24518650 2)About the “Web” Filtering of Michael A. Ayele (a.k.a) WPublications with Regards to the Health Insurance Portability and Accountability Act (HIPAA) - # Sexual Assault as the Main Reason That Led to the Suicide of Audrie Taylor Pott on September 12th 2012. Retrievable here.: https://doi.org/10.6084/M9.FIGSHARE.24595533 3)About the Decision of Teresa Williams to Apply for a Concealed Pistol License (CPL) After Falling Victim to Sexual Coercion at the Workplace - # Michael Ayele (a.k.a) W - # Sexual Assault Awareness Month (SAAM) in the City of Los Angeles, California. Retrievable here.: https://doi.org/10.6084/m9.figshare.24137715.v4 Please see the attached files of the screenshots I took visualizing how my Figshare journal articles were redistributed by DataCite Commons. Upon inquiry, I have been informed that Figshare was a member of DataCite Commons. The reason I am contacting you is because I was hoping you’d address a few questions I had about the https://mail.google.com/mail/u/0/?ik=be10e4fd3f&view=pt&search=all&permmsgid=msg-a:r6220348365968012186&simpl=msg-a:r622034836596801… 1/2
3/19/24, 10:22 AM Gmail - Michael A. Ayele (a.k.a) W Published Journal Articles on Figshare Being Redistributed by DataCite Commons relationship that exists between Figshare and DataCite Commons. 1)Can you confirm that Figshare is indeed a member of DataCite Commons? 2)Can you disclose any written agreements concluded between Figshare and DataCite Commons that enables DataCite Commons to register Figshare Digital Object Identifiers (DOI)? I look forward to hearing from you on these important issues. Be well. Take care. Keep yourselves at arms distance. Michael A. Ayele (a.k.a) W Anti-Racist Human Rights Activist Audio-Visual Media Analyst Anti-Propaganda Journalist 2 attachments Screenshot (981).png 120K W (AACL) - MA Redistributed Works After Publications on Figshare.pdf 1502K https://mail.google.com/mail/u/0/?ik=be10e4fd3f&view=pt&search=all&permmsgid=msg-a:r6220348365968012186&simpl=msg-a:r622034836596801… 2/2
2/7/24, 2:06 PM Gmail - Re: Michael A. Ayele (a.k.a) W Published Journal Articles on Figshare Being Redistributed by DataCite Commons [472366] Michael Ayele <waacl13@gmail.com> Re: Michael A. Ayele (a.k.a) W Published Journal Articles on Figshare Being Redistributed by DataCite Commons [472366] Andra-Stefana Livadaru <support@figshare.com> Reply-To: Andra-Stefana Livadaru <support@figshare.com> To: waacl13@gmail.com Cc: info@figshare.com, waacl1313@gmail.com, waacl42913@gmail.com Wed, Feb 7, 2024 at 1:47 PM Hi Michael, Thanks for your questions. 1. Yes, we are a paying member of the DataCite commons. We are happy to support open infrastructure for open research! 2. We use their standard contract for membership - the details of which can be found here: https://datacite.org/become-a- member/ If there's anything else we can assist you with, please let us know. Ticket: https://support.figshare.com/support/tickets/472366 Best Regards, Andra Livadaru Integrations Engineer at Figshare store, share, discover research at figshare.com [Quoted text hidden] https://mail.google.com/mail/u/0/?ik=be10e4fd3f&view=pt&search=all&permmsgid=msg-f:1790236783015884364&simpl=msg-f:1790236783015884364 1/1
3/19/24, 1:01 PM Gmail - Relationship Between ORCID and DataCite Commons Michael Ayele <waacl13@gmail.com> Relationship Between ORCID and DataCite Commons Ana Cardoso (Support) <support@orcid.org> Reply-To: Support <support@orcid.org> To: Waacl13 <waacl13@gmail.com> Mon, Feb 12, 2024 at 6:07 PM ##- Please type your reply above this line -## Your request (#530150) has been updated. To add additional comments, please reply to this email or click the link below: https://support.orcid.org/hc/requests/530150 Ana Cardoso (ORCID Support) Feb 12, 2024, 10:07 EST Dear Michael, ORCID is a supportive member of DataCite as stated in the website you shared. DataCite Commons is a tool that provides a public web search interface to the PID Graph. Best, Ana Cardoso Many thanks, Ana Cardoso Engagement lead for the Americas https://orcid.org/0000-0002-8631-3838 Please add multiple emails to your ORCID record - to ensure you don't lose access if you change institutions, and avoid setting up a duplicate record Waacl13 Feb 9, 2024, 22:12 EST Hello, I am not exactly sure what you mean when you say that I should "provide you with further details." As previously noted, it had come to my attention that ORCID was listed as an institutional member of DataCite Commons. Please see here.: https://datacite.org/members/ The reason I had contacted you on January 28th 2024 was to independently verify if ORCID was indeed an institutional member of DataCite Commons. I had also contacted you for the purpose of having https://mail.google.com/mail/u/0/?ik=be10e4fd3f&view=pt&search=all&permmsgid=msg-f:1790706121726395542&dsqt=1&simpl=msg-f:17907061217… 1/4
3/19/24, 1:01 PM Gmail - Relationship Between ORCID and DataCite Commons disclosed to me the terms and conditions of any written agreements concluded between ORCID and DataCite Commons. Can you confirm that ORCID is indeed an institutional member of DataCite Commons? If so, can you provide me with the terms and conditions of any written agreements concluded between ORCID and DataCite Commons? Thanks. Be well. Take care. Keep yourselves at arms distance. Michael A. Ayele (a.k.a) W Anti-Racist Human Rights Activist Audio-Visual Media Analyst Anti-Propaganda Journalist Ana Cardoso (ORCID Support) Feb 9, 2024, 16:24 EST Hello, Thank you for reaching out. In order to better assist you, could you please provide further details about your request? You can also find answers on our “Get help with your ORCID iD” page. Looking forward to hearing back from you. Many thanks, Ana Cardoso Engagement lead for the Americas https://orcid.org/0000-0002-8631-3838 Please add multiple emails to your ORCID record - to ensure you don't lose access if you change institutions, and avoid setting up a duplicate record https://mail.google.com/mail/u/0/?ik=be10e4fd3f&view=pt&search=all&permmsgid=msg-f:1790706121726395542&dsqt=1&simpl=msg-f:17907061217… 2/4
3/19/24, 1:01 PM Gmail - Relationship Between ORCID and DataCite Commons Waacl13 Jan 28, 2024, 02:02 EST W (AACL) Date.: January 28th 2024 Michael A. Ayele P.O.Box 20438 Addis Ababa, Ethiopia E-mail: waacl13@gmail.com ; waacl1313@gmail.com ; waacl42913@gmail.com Relationship Between ORCID and DataCite Commons Hello, This is Michael A. Ayele sending this message though I now go by W. You may call me W. I am writing this letter to ORCID because it recently came to my attention that ORCID has been listed as a member of DataCite Commons. Please see the attached files of the screenshots I took visualizing how ORCID has been listed as a member of DataCite Commons. The reason I am contacting you is because I was hoping you’d address a few questions I had about the relationship that exists between ORCID and DataCite Commons. 1)Can you confirm that the ORCID is indeed a member of DataCite Commons? 2)Can you disclose any written agreements concluded between ORCID and DataCite Commons given that ORCID is listed as a member of DataCite Commons? I look forward to hearing from you on these important issues. Be well. Take care. Keep yourselves at arms distance. Michael A. Ayele (a.k.a) W Anti-Racist Human Rights Activist Audio-Visual Media Analyst Anti-Propaganda Journalist Attachment(s) Screenshot (1017).png This email is a service from ORCID Support. Delivered by Zendesk https://mail.google.com/mail/u/0/?ik=be10e4fd3f&view=pt&search=all&permmsgid=msg-f:1790706121726395542&dsqt=1&simpl=msg-f:17907061217… 3/4
3/19/24, 1:01 PM [2NLEM1-NVZMY] Gmail - Relationship Between ORCID and DataCite Commons https://mail.google.com/mail/u/0/?ik=be10e4fd3f&view=pt&search=all&permmsgid=msg-f:1790706121726395542&dsqt=1&simpl=msg-f:17907061217… 4/4
2/6/24, 3:25 PM Gmail - Public Records Act (PRA) Appeal --> Application for Further Review. Michael Ayele <waacl13@gmail.com> Public Records Act (PRA) Appeal --> Application for Further Review. Michael Ayele <waacl13@gmail.com> To: "Kerrigan, Hilary" <Hilary.Kerrigan@cco.sccgov.org>, rfleming@scscourt.org, lherrick@scscourt.org, tara.lundstrom@cco.sccgov.org, adacoordinator@scscourt.org, sscivilinfo@scscourt.org, sscriminfo@scscourt.org, ssfamilyinfo@scscourt.org, hresources@scscourt.org, ssjuryinfo@scscourt.org, ssjuvinfo@scscourt.org, ADR@scscourt.org, ssprobinfo@scscourt.org, sssclaimsinfo@scscourt.org, sstrafficinfo@scscourt.org, ssweb@scscourt.org Tue, Feb 6, 2024 at 3:25 PM W (AACL) Date.: February 06th 2024 Michael A. Ayele P.O.Box 20438 Addis Ababa, Ethiopia E-mail: waacl13@gmail.com ; waacl1313@gmail.com ; waacl42913@gmail.com Public Records Act (PRA) Appeal: Application for Further Review Hello, I am writing this letter in response to your correspondence from February 05th 2024, which I have since reviewed. Please be advised that I continue to have serious concerns with your processing of my PRA request because of your failure not to disclose responsive records detailing [1] the wrongful death complaint, which had been filed on behalf of Audrie Taylor Pott that had been assigned Case No.: 1 – 13 – CV – 244689 by the Santa Clara County Superior Court; [2] the terms and conditions of the non-monetary settlement agreement, which was concluded in the wrongful death complaint that had been assigned by the Santa Clara County Superior Court the following Case No.: 1 – 13 – CV – 244689. According to the Memorandum of Understanding (MOU) concluded between the Superior Court of Santa Clara County and the County of Santa Clara, the “Court recognizes that [your] County is a public agency subject to the disclosure requirements of the California Public Records Act (“CPRA”) and must strictly comply with its requirements.” Furthermore, your “County recognizes that the Court is a judicial branch entity subject to the disclosure requirements of Rule 10.500 of the California Rules of Court and must strictly comply with its requirements.”[i]Additionally, the Superior Court of Santa Clara County can “provide access to Electronic Court Records to Authorized County Users in accordance with California Rules of Courts, rule 2.500 et seq., including rules 2.503, 2.507, and 2.540.” [ii] The terms and conditions of the MOU concluded between the Superior Court of Santa Clara County and the County of Santa Clara stipulate that the Santa Clara County Counsel could request from the Superior Court of Santa Clara County documents filed during the processing of the case, which had been numbered: 1 – 13 – CV – 244689. Furthermore, the terms and conditions of the MOU concluded between the Superior Court of Santa Clara County and the County of Santa Clara stipulate that members of the general public could “request access to trial court records that are maintained in electronic form.” Additionally, the terms and https://mail.google.com/mail/u/0/?ik=be10e4fd3f&view=pt&search=all&permmsgid=msg-a:r-121196835237574262&simpl=msg-a:r-121196835237574… 1/4
2/6/24, 3:25 PM Gmail - Public Records Act (PRA) Appeal --> Application for Further Review. conditions of the MOU concluded between the Superior Court of Santa Clara County and the County of Santa Clara stipulate that the “public’s right of access to judicial administrative records (…) must be broadly construed to further the public’s right of access.” Given the above mentioned facts, I request that you disclose responsive records detailing [1] the wrongful death complaint (as well as any amendments made to that complaint), which had been filed on behalf of Audrie Taylor Pott that had been assigned Case No.: 1 – 13 – CV – 244689 by the Santa Clara County Superior Court; [2] the terms and conditions of the non-monetary settlement agreement, which was concluded in the wrongful death complaint that had been assigned by the Santa Clara County Superior Court the following Case No.: 1 – 13 – CV – 244689. As a Black man who has in Calendar Year 2014 spent some time in the State of California, I hope your disclosure of the records I have requested will comply with your obligations under the CPRA as well as your obligations under California Rules of Courts, Rule 2.500 and Rule 10.500. I also hope that you will choose to bolster public confidence in the activities, the engagements and the priorities of the Santa Clara County as well as the Santa Clara County Superior Court. Be well. Take care. Keep yourselves at arms distance. Michael A. Ayele (a.k.a) W Anti-Racist Human Rights Activist Audio-Visual Media Analyst Anti-Propaganda Journalist Work Cited [i] Rule 10.500. Public access to judicial administrative records This rule clarifies and expands the public’s right of access to judicial administrative records and must be broadly construed to further the public’s right of access. Judicial Council of California.: https://www.courts.ca.gov/cms/rules/index.cfm?title=ten& linkid=rule10_500 [ii] Rule 2.500. Statement of Purpose The rules in this chapter are intended to provide the public, parties, parties’ attorneys, legal organizations, court-appointed persons, and government entities with reasonable access to trial court records that are maintained in electronic form, while protecting privacy interests. Judicial Council of California.: https://www.courts.ca.gov/cms/rules/index.cfm?title=two& linkid=rule2_500 https://mail.google.com/mail/u/0/?ik=be10e4fd3f&view=pt&search=all&permmsgid=msg-a:r-121196835237574262&simpl=msg-a:r-121196835237574… 2/4
2/6/24, 3:25 PM Gmail - Public Records Act (PRA) Appeal --> Application for Further Review. On Mon, Feb 5, 2024 at 8:34 PM Kerrigan, Hilary <Hilary.Kerrigan@cco.sccgov.org> wrote: Hello, I write in response to your records request dated January 30, 2024, requesting the following documents: [1] the documents Santa Clara County District Attorney Jeff Rosen has/had access to pertaining to Santa Clara County Superior Court Case No.: 1 – 13 – CV – 244689 prior/after the enactment of Audrie's Law (on or around) September 30th, 2014. [2] the written/verbal agreements concluded between the Santa Clara County Counsel and the Santa Clara County District Attorney in terms of the Santa Clara County Counsel being given access to files maintained by the Santa Clara County District Attorney [3] the written/verbal agreements concluded between the Santa Clara County Counsel and the Santa Clara County Superior Court in terms of the Santa Clara County Counsel being given access to files maintained by the Santa Clara County Superior Court. With regards to request number 1, the County has identified no responsive documents. Case 1-13-CV-244689 is a civil action between private parties, and the County was not a party to the proceeding. Thus, there are no documents “… containing information relating to the conduct of the public’s business prepared, owned, used, or retained…” by the County. (Cal. Gov’t Code § 7920.530.) With regards to request number 2, please see a responsive document accessible at the following link: Board-Policy- 3.70-Policy-Regarding-Public-Records-Requests.pdf (sccgov.org) With regards to request number 3, please see the responsive document attached to this email. This closes your request. Hilary Kerrigan | Deputy County Counsel Office of the County Counsel, County of Santa Clara 70 West Hedding, East Wing, 9th Floor | San José, CA 95110 Office: (408) 299-6925 Mobile: (669)250-8176 Hilary.Kerrigan@cco.sccgov.org | counsel.sccgov.org Pronouns: she/her/hers NOTICE TO RECIPIENT: The information in this email is confidential and may be protected by the attorney-client and/or work product privileges. If you received this email in error, any review, use, dissemination, distribution, or copying of it is strictly prohibited. Please notify Administration, Office of the County Counsel, of the error immediately at 408-299-5900 and delete this communication and any attached documents from your system. 2 attachments https://mail.google.com/mail/u/0/?ik=be10e4fd3f&view=pt&search=all&permmsgid=msg-a:r-121196835237574262&simpl=msg-a:r-121196835237574… 3/4
2/6/24, 3:25 PM Gmail - Public Records Act (PRA) Appeal --> Application for Further Review. W (AACL) Dec 14th 2023 Rec Req on Suicide After Sexual Assault.docx 51K MOU county and court.pdf 394K https://mail.google.com/mail/u/0/?ik=be10e4fd3f&view=pt&search=all&permmsgid=msg-a:r-121196835237574262&simpl=msg-a:r-121196835237574… 4/4
1/31/24, 7:23 AM Gmail - Public Records Act (PRA) Appeal Michael Ayele <waacl13@gmail.com> Public Records Act (PRA) Appeal Michael Ayele <waacl13@gmail.com> To: taby.kalami@cco.sccgov.org, mona.williams@cco.sccgov.org, adacoordinator@scscourt.org, sscivilinfo@scscourt.org, sscriminfo@scscourt.org, ssfamilyinfo@scscourt.org, hresources@scscourt.org, ssjuryinfo@scscourt.org, ssjuvinfo@scscourt.org, ADR@scscourt.org, ssprobinfo@scscourt.org, sssclaimsinfo@scscourt.org, sstrafficinfo@scscourt.org, ssweb@scscourt.org Cc: Michael Ayele <waacl1313@gmail.com>, Michael Ayele <waacl42913@gmail.com>, "Michael Ayele (W)" <waacl13@gmail.com> Tue, Jan 30, 2024 at 8:32 PM W (AACL) Date.: January 30th 2024 Michael A. Ayele P.O.Box 20438 Addis Ababa, Ethiopia E-mail : waacl13@gmail.com ; waacl1313@gmail.com ; waacl42913@gmail.com Public Records Request - Application for Further Review Hello, This is Michael A. Ayele sending this message though I now go by W and I prefer to be referred to as such. I am writing this letter in response to your earlier correspondence, which I have since reviewed. As a Black man who has previously spent some time in the State of California in Calendar Year 2014, your earlier email (from January 30th 2024) gave me the impression that Santa Clara County played no role in the enactment of Audrie's Law. However, that is simply not true. While Santa Clara County was not a named "Defendant" in the judicial proceedings that took place in the Santa Clara County Superior Court, the Office of the District Attorney Jeff Rosen had issued a statement about Audrie's Law on (or around) June 24th 2014. That statement reads as follows: "I am thankful that the Assembly Public Safety Committee unanimously passed Senate Bill 838 ‘Audrie’s Law’ out of committee this morning. Audrie’s Law modernizes the consequences for those who sexually assault intoxicated, incapacitated, and handicapped victims. The Santa Clara County District Attorney’s Office stands alongside the Pott Family and State Sen. Jim Beall in their efforts to create positive and reasonable changes from the pain of Audrie’s tragedy. I am hopeful that the entire California Legislature will keep the 15-year-old girl’s memory close in their hearts and her legacy in mind when Audrie’s Law is presented for a final vote." If you wish, you can access the uniform resource locator (URL) of that statement here.: https://countyda. sccgov.org/da-rosen-urges-passage-audries-law Furthermore, the Santa Clara County District Attorney is explicitly mentioned (as a 'source') by the legislative branch of the California government in the text of Senate Bill 838 (also known as Audrie's Law). Please see here.: http://www.leginfo.ca.gov/pub/13-14/bill/sen/sb_0801-0850/sb_838_cfa_20140826_121631_sen_floor.html Based on the statements made by the Santa Clara County District Attorney as well as the legislative branch of California's government, I continue to have concerns with the thoroughness of the search you have performed. In my judgment, the statements made by the Santa Clara County District Attorney and the California legislature suggest that they had access to all documents related to the Santa Clara County Superior Court Case No.: 1 – 13 – CV – 244689. The statements also suggest that the Santa Clara County District Attorney and the California legislature have had conversations (in writing and verbally) about Santa Clara County Superior Court Case No.: 1 – 13 – CV – 244689 alongside the American Association of University Women - California, the Association of Regional Center Agencies, the California District Attorneys Association, the California Police Chiefs Association, the California Protective Parents Association, the Counseling and Support Services for Youth Crime Victims United of California, the Arc of California and the United Cerebral Palsy California. Your processing of my PRA doesn't really bolster public confidence in the activities, the engagements and the priorities of Santa Clara County because the wrongful death complaint, which had been assigned Case No.: 1 – 13 – CV – 244689 is a matter of public record (alongside all other documents filed with that case) and should be made available to the public/representatives of the media upon request. For the purpose of bolstering public confidence in the activities, the engagements and the priorities of the Santa Clara https://mail.google.com/mail/u/0/?ik=be10e4fd3f&view=pt&search=all&permmsgid=msg-a:r-6463890320601174969&simpl=msg-a:r-64638903206011… 1/7
1/31/24, 7:23 AM County government, I hope you will answer the following questions. Gmail - Public Records Act (PRA) Appeal 1) Is it your testimony that the Santa Clara County District Attorney Jeff Rosen did not have access to the wrongful death complaint assigned by the Santa Clara County Superior Court Case No.: 1 – 13 – CV – 244689 at the time he issued the June 24th 2014 statement mentioned above? Is it your testimony that the Santa Clara County District Attorney Jeff Rosen did not have access to the wrongful death complaint assigned by the Santa Clara County Superior Court Case No.: 1 – 13 – CV – 244689 when dealing with members of California's legislature and other stakeholders to have Audrie's Law enacted by the California government? 2) Is it also your testimony that the Santa Clara County District Attorney does not keep copies of the wrongful death complaint (and related documents), which was assigned by the Santa Clara County Superior Court Case No.: 1 – 13 – CV – 244689 (in the event members of the general public/representatives of the media wish to examine them)? 3) Does the Santa Clara County Counsel have access to files maintained by the Santa Clara County District Attorney? Has the Santa Clara County Counsel reached out to the Santa Clara County District Attorney to see if they'd be able to provide copies of documents related to the Santa Clara County Superior Court Case No.: 1 – 13 – CV – 244689 after I submitted my PRA request? If yes, can you provide the discussions you have had with the Santa Clara County District Attorney? 4) Even if the Santa Clara County District Attorney did not maintain copies of the wrongful death complaint (and related documents) filed in the Santa Clara County Superior Court during the processing of Case No.: 1 – 13 – CV – 244689, could the Santa Clara County Counsel not request these documents to the Santa Clara County Superior Court and provide them to members of the general public/representatives of the media who wish to review them? In the event you are either unable or unwilling to answer my questions, I hope you will perform a de novo review of my PRA request for responsive records detailing [1] the documents Santa Clara County District Attorney Jeff Rosen has/had access to pertaining to Santa Clara County Superior Court Case No.: 1 – 13 – CV – 244689 prior/after the enactment of Audrie's Law (on or around) September 30th 2014; [2] the written/verbal agreements concluded between the Santa Clara County Counsel and the Santa Clara County District Attorney in terms of the Santa Clara County Counsel being given access to files maintained by the Santa Clara County District Attorney; [3] the written/verbal agreements concluded between the Santa Clara County Counsel and the Santa Clara County Superior Court in terms of the Santa Clara County Counsel being given access to files maintained by the Santa Clara County Superior Court. I do hope you reconsider your response in a manner that will bolster public confidence in the activities, the engagements and the priorities of your local government. Be well. Take care. Keep yourselves at arms distance. Michael A. Ayele (a.k.a) W Anti-Racist Human Rights Activist Audio-Visual Media Analyst Anti-Propaganda Journalist On Tue, Jan 30, 2024 at 7:19 PM Kalami, Taby <taby.kalami@cco.sccgov.org> wrote: Dear Mr. Ayele: The County of Santa Clara (County) has conducted a thorough search in response to your California Public Records Act (CPRA) request dated December 19, 2023, and your follow-up request dated January 27, 2024, requesting: [1] the wrongful death complaint that had been filed on behalf of Audrie Taylor Pott in the Santa Clara County Superior Court, which ended up being assigned Case No.: 1 - 13 – CV – 244689; [2] the terms and conditions of the non-monetary settlement agreement, which was concluded in the wrongful death complaint that had been assigned by the Santa Clara County Superior Court the following Case No.: 1 – 13 – CV – 244689. https://mail.google.com/mail/u/0/?ik=be10e4fd3f&view=pt&search=all&permmsgid=msg-a:r-6463890320601174969&simpl=msg-a:r-64638903206011… 2/7
1/31/24, 7:23 AM Gmail - Public Records Act (PRA) Appeal The County disclosed all non-exempt responsive documents on January 26, 2024. Case 1-13-CV-244689 is a civil action between private parties, and the County was not a party to the proceeding. Thus, there are no documents “…containing information relating to the conduct of the public’s business prepared, owned, used, or retained…” by the County. (Cal. Gov’t Code § 7920.530.) The County now considers your request closed. Thank you, Taby Kalami | Deputy County Counsel Office of the County Counsel, County of Santa Clara 70 West Hedding Street, East Wing, 9th Floor | San José, CA 95110 Office: (408) 299-5917 | Facsmile: (408) 292-7240 taby.kalami@cco.sccgov.org | counsel.sccgov.org NOTICE TO RECIPIENT: The information in this email is confidential and may be protected by the attorney-client and/or work product privileges. If you received this email in error, any review, use, dissemination, distribution, or copying of it is strictly prohibited. Please notify Administration, Office of the County Counsel, of the error immediately at 408-299-5900 and delete this communication and any attached documents from your system. From: Michael Ayele <waacl13@gmail.com> Sent: Friday, January 26, 2024 7:05 PM To: Kalami, Taby <taby.kalami@cco.sccgov.org>; Williams, Mona <mona.williams@cco.sccgov.org>; adacoordinator@scscourt.org; sscivilinfo@scscourt.org; sscriminfo@scscourt.org; ssfamilyinfo@scscourt.org; hresources@scscourt.org; ssjuryinfo@scscourt.org; ssjuvinfo@scscourt.org; ADR@scscourt.org; ssprobinfo@scscourt.org; sssclaimsinfo@scscourt.org; sstrafficinfo@scscourt.org; ssweb@scscourt.org Cc: Michael Ayele <waacl1313@gmail.com>; Michael Ayele (W) <waacl13@gmail.com>; Michael Ayele <waacl42913@gmail.com> Subject: [EXTERNAL] Public Records Act (PRA) Appeal W (AACL) Date.: January 27th 2024 Michael A. Ayele P.O.Box 20438 Addis Ababa, Ethiopia E-mail: waacl13@gmail.com ; waacl1313@gmail.com ; waacl42913@gmail.com Public Records Act (PRA) Request Appeal Hello, I am writing this letter in response to your earlier correspondence, which I have since reviewed. Please be advised that I have concerns with the thoroughness of the search you have performed for my California Public Records Act (PRA) request. One of my major concerns with your correspondence from earlier is because of your failure to disclose any records related to [1] the wrongful death complaint that had been filed on behalf of Audrie Taylor Pott in the Santa Clara County Superior Court, which ended up being assigned Case No.: 1 - 13 – CV – 244689; [2] the terms and conditions of the non-monetary settlement agreement, which was concluded in the wrongful death complaint that had https://mail.google.com/mail/u/0/?ik=be10e4fd3f&view=pt&search=all&permmsgid=msg-a:r-6463890320601174969&simpl=msg-a:r-64638903206011… 3/7
1/31/24, 7:23 AM been assigned by the Santa Clara County Superior Court the following Case No.: 1 – 13 – CV – 244689. Via email dated October 02nd 2023, the Santa Clara County Counsel had disclosed court documents that had been filed in the Superior Court of the State of California in the matter of People of the State of California v Brock Allen Turner. However, no such documents were produced during the processing of my PRA request, which I had submitted to Santa Clara County on (or around) December 19th 2023. Gmail - Public Records Act (PRA) Appeal For the purpose of bolstering public confidence in the activities, the engagements and the priorities of the Santa Clara County Counsel, I hope you will perform a more thorough search for responsive records detailing [1] the wrongful death complaint that had been filed on behalf of Audrie Taylor Pott in the Santa Clara County Superior Court, which ended up being assigned Case No.: 1 - 13 – CV – 244689; [2] the terms and conditions of the non-monetary settlement agreement, which was concluded in the wrongful death complaint that had been assigned by the Santa Clara County Superior Court the following Case No.: 1 – 13 – CV – 244689. I hope you reconsider your response. Be well. Take care. Keep yourselves at arms distance. Michael A. Ayele (a.k.a) W Anti-Racist Human Rights Activist Audio-Visual Media Analyst Anti-Propaganda Journalist From: Kalami, Taby <taby.kalami@cco.sccgov.org> Date: Sat, Jan 27, 2024 at 12:52 AM Subject: RE: Public Records Act Request Response To: waacl13@gmail.com <waacl13@gmail.com> Dear Mr. Ayele, Attached please find non-exempt records that are responsive to your December 19, 2023 request. Personal contact information has been redacted pursuant to section 1, article 1, of the California Constitution and Government Code section 7922.000. This completes the County’s response to your request. Thank you, Taby Kalami | Deputy County Counsel Office of the County Counsel, County of Santa Clara 70 West Hedding Street, East Wing, 9th Floor | San José, CA 95110 Office: (408) 299-5917 | Facsmile: (408) 292-7240 taby.kalami@cco.sccgov.org | counsel.sccgov.org NOTICE TO RECIPIENT: The information in this email is confidential and may be protected by the attorney-client and/or work product privileges. If you received this email in error, any review, use, dissemination, distribution, or copying of it is strictly prohibited. Please notify Administration, https://mail.google.com/mail/u/0/?ik=be10e4fd3f&view=pt&search=all&permmsgid=msg-a:r-6463890320601174969&simpl=msg-a:r-64638903206011… 4/7
1/31/24, 7:23 AM Gmail - Public Records Act (PRA) Appeal Office of the County Counsel, of the error immediately at 408-299-5900 and delete this communication and any attached documents from your system. From: Kalami, Taby Sent: Friday, January 12, 2024 4:20 PM To: waacl13@gmail.com Subject: RE: Public Records Act Request Response Dear Mr. Ayele, The County of Santa Clara (“County”) has identified responsive records and is currently in the process of reviewing them for any exceptions. The County anticipates updating you on the status of your request within two weeks. Thank you, Taby Kalami | Deputy County Counsel Office of the County Counsel, County of Santa Clara 70 West Hedding Street, East Wing, 9th Floor | San José, CA 95110 Office: (408) 299-5917 | Facsmile: (408) 292-7240 taby.kalami@cco.sccgov.org | counsel.sccgov.org NOTICE TO RECIPIENT: The information in this email is confidential and may be protected by the attorney-client and/or work product privileges. If you received this email in error, any review, use, dissemination, distribution, or copying of it is strictly prohibited. Please notify Administration, Office of the County Counsel, of the error immediately at 408-299-5900 and delete this communication and any attached documents from your system. From: Kalami, Taby Sent: Friday, December 29, 2023 2:45 PM To: waacl13@gmail.com Subject: Public Records Act Request Response Dear Mr. Ayele: The County of Santa Clara is in receipt of your California Public Records Act (CPRA) request dated December 19, 2023, requesting: 1.Your discussions about the provisions of the Health Insurance Portability and Accountability (HIPAA) failing to prohibit (i) current/former U.S healthcare workers from expressing a verbal and/or written objections if they believe that a patient has been subjected to medical treatment that offends their https://mail.google.com/mail/u/0/?ik=be10e4fd3f&view=pt&search=all&permmsgid=msg-a:r-6463890320601174969&simpl=msg-a:r-64638903206011… 5/7
1/31/24, 7:23 AM Gmail - Public Records Act (PRA) Appeal conscience; (ii) current/former U.S healthcare workers from expressing a verbal and/or written objections if they believe that a patient has been subjected to medical treatment they consider to be discriminatory and/or racist and/or sexist; (iii) representatives of the media and/or members of the general public from requesting the personal health information (PHI) of a patient in a medical facility who may have been the victim of discrimination, racism and/or sexism; 2.The wrongful death complaint that had been filed on behalf of Audrie Taylor Pott in the Santa Clara County Superior Court, which ended up being assigned Case No.: 1 - 13 – CV – 244689; 3.The terms and conditions of the non-monetary settlement agreement, which was concluded in the wrongful death complaint that had been assigned by the Santa Clara County Superior Court the following Case No.: 1 – 13 – CV – 244689; 4.Your discussions about Audrie Taylor Pott as a Caucasian girl, (i) who was 15 (fifteen) years of age, when she was sexually assaulted on September 04th 2012; (ii) who attempted suicide 6 (six) days after her sexual assault on (or around) September 04th 2012; (iii) who was declared deceased on September 12th 2012 following her attempted suicide on (or around) September 10th 2012; vi (iv) whose suicide led the California legislature to enact Audrie’s Law on (or around) September 30th 2014; (v) whose name, image and likeness is extensively linked with Catherine Daisy Coleman in part because of the 2016 Netflix documentary entitled Audrie and Daisy; 5.Your discussions about Catherine Daisy Coleman as a Caucasian woman, (i) who was victim of a sexual assault on (or around) January 08th 2012 when she was 14 (fourteen) years of age; (ii) who was under American national microscopic scrutiny because of the January 08th 2012 sexual assault she was the victim of in the State of Missouri; (iii) attempted suicide following her very much publicized sexual assault on January 08th 2012 in the State of Missouri; (iv) who has been noted to have spent some time at Missouri Girls Town: a facility that has concluded many contracts with the Missouri Department of Mental Health (MODMH); (v) who was on (or around) January 09th 2014 noted by the State of Missouri to have been “put at substantial risk” when she was left “outside of her home in below freezing temperatures” even though she was “incapable of protecting or caring for herself;” (vi) whose suicide didn’t inspire legislative action in the State of Missouri even though it was in many ways similar to the suicide of Audrie Taylor Pott; 6.Michael A. Ayele (a.k.a) W as a Black man, who (i) has never denied previously being employed for the Missouri Department of Mental Health (MODMH) Fulton State Hospital (FSH) as a healthcare worker; (ii) has previously corresponded with his former employers on the subject of Catherine Daisy Coleman personal health information (PHI) upon learning of her suicide on (or around) August 04th 2020; (iii) was provided by his former employers the contractual agreements that were concluded between the MODMH and Missouri Girls Town: a facility, where Catherine Daisy Coleman was reported to have stayed in following the sexual assault she was the victim of on (or around) January 08th 2012; (iv) has had his written publications on the subject of World Suicide Prevention Day (WSPD) distorted in such a way that would give the impression that his conscience was not offended by the “investigation,” which had been launched against him between October 26th 2013 and November 21st 2013 (even though he was very much vexed by that); (v) has had his written publications on the subject of WSPD distorted in such a way that would give the impression that he has not officially demanded for the MODMH to disclose the PHI of Catherine Daisy Coleman of the time she has spent at Missouri Girls Town following the sexual assault she was victim of on (or around) January 08th 2012 (even though he has asked for that document to be made available to him); (vi) has had his written publications on the subject of WSPD distorted in such a way that would give the impression that his conscience was not shocked by the very lenient criminal charges filed by the State of Missouri on behalf of Catherine Daisy Coleman on (or around) January 09th 2014 (even though he is still very much dismayed by the way Missouri government authorities handled the sexual assault Catherine Daisy Coleman was the victim of on January 08th 2012);viii (vii) was very much annoyed to learn that his written publications on the subject of the National Council on Disability (NCD) January 30th 2018 report were being distorted on the Internet by the so-called “Web;” https://mail.google.com/mail/u/0/?ik=be10e4fd3f&view=pt&search=all&permmsgid=msg-a:r-6463890320601174969&simpl=msg-a:r-64638903206011… 6/7
1/31/24, 7:23 AM Gmail - Public Records Act (PRA) Appeal 7.Your discussions about the Missouri Department of Mental Health (MODMH) as a state government agency, which has a history of citing HIPAA for the purpose of (i) shielding their employees from criticism for the medical treatment they provide that is in reality discriminatory and/or racist and/or sexist; (ii) not providing the personal health information (PHI) of their patients/prisoners who have been subjected to medical treatment that is in reality discriminatory and/or racist and/or sexist; 8.Your discussions about the National Council on Disability (NCD) as a federal agency of the U.S government, which has on January 30th 2018 decided to recognize that sexual assault (i) “is a public health and public safety concern with far reaching implications;” (ii) “is a deeply personal violation,” which “leaves physical and emotional impacts that change the lives of victims;” (iii) causes “long term physical, psychological, and emotional effects, including depression, post-traumatic stress, thoughts of suicide, flashbacks, and sleep disorders;” 9.Your discussions about the decision of Joseph Biden / Kamala Harris White House Administration to recognize on (or around) September 09th 2022 that (i) they “are still in the early stages of learning about the conditions that can lead to suicide, including job strain or loss, serious illnesses, and financial, criminal, legal, and relationship problems;” (ii) “suicide accounts for 1 (one) of every 100 (one hundred) deaths globally;” (iii) suicide is “the second leading cause of death for Americans between the ages of 10 (ten) and 34 (thirty four).” The County of Santa Clara has designated the Office of the County Counsel as the office responsible for receiving and coordinating public records requests, and as such, I am providing an initial response to your request. Pursuant to California Government Code section 7922.535(c)(1), the County extends its time for responding to your request by an additional 14 days to search for and collect requested records from offices other than the Office of the County Counsel. The County will provide a response to your request by January 12, 2024. Thank you. Taby Kalami | Deputy County Counsel Office of the County Counsel, County of Santa Clara 70 West Hedding Street, East Wing, 9th Floor | San José, CA 95110 Office: (408) 299-5917 | Facsmile: (408) 292-7240 taby.kalami@cco.sccgov.org | counsel.sccgov.org NOTICE TO RECIPIENT: The information in this email is confidential and may be protected by the attorney-client and/or work product privileges. If you received this email in error, any review, use, dissemination, distribution, or copying of it is strictly prohibited. Please notify Administration, Office of the County Counsel, of the error immediately at 408-299-5900 and delete this communication and any attached documents from your system. https://mail.google.com/mail/u/0/?ik=be10e4fd3f&view=pt&search=all&permmsgid=msg-a:r-6463890320601174969&simpl=msg-a:r-64638903206011… 7/7
1/28/24, 4:27 PM SB 838 Senate Bill - Bill Analysis BILL ANALYSIS ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 838| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- UNFINISHED BUSINESS Bill No: SB 838 Author: Beall (D), et al. Amended: 8/18/14 Vote: 27 SENATE PUBLIC SAFETY COMMITTEE : 6-0, 4/29/14 AYES: Hancock, Anderson, Knight, Liu, Mitchell, Steinberg NO VOTE RECORDED: De León SENATE APPROPRIATIONS COMMITTEE : 7-0, 5/23/14 AYES: De León, Walters, Gaines, Hill, Lara, Padilla, Steinberg SENATE FLOOR : 35-0, 5/28/14 AYES: Anderson, Beall, Berryhill, Block, Cannella, Corbett, Correa, De León, DeSaulnier, Evans, Fuller, Gaines, Galgiani, Hernandez, Hill, Hueso, Huff, Jackson, Knight, Lara, Leno, Lieu, Mitchell, Monning, Morrell, Nielsen, Padilla, Pavley, Roth, Steinberg, Torres, Vidak, Walters, Wolk, Wyland NO VOTE RECORDED: Calderon, Hancock, Liu, Wright, Yee ASSEMBLY FLOOR : 79-0, 8/25/14 - See last page for vote SUBJECT : Crimes: sex offenses: juvenile hearing SOURCE : Santa Clara County District Attorney DIGEST : This bill reduces confidentiality protections and makes ineligible for deferred entry of judgment (DEJ) juveniles who have committed or who are alleged to have committed specified sex crimes involving an unconscious or disabled CONTINUED SB 838 Page 2 victim, as specified. Assembly Amendments remove the mandatory two-year out of home placement and the one-year sentence enhancement; and add a requirement for a juvenile who commits specified sex crimes to complete a sex offender treatment program as part of their probation. ANALYSIS : Existing law: 1.Makes it an offense for a person to willfully threaten to commit a crime which will result in death or great bodily injury to another person, with the specific intent that the statement, made verbally, in writing, or by means of an electronic communication device, is to be taken as a threat, and causes that person reasonably to be in fear for his/her own safety or for his/her immediate family's safety. 2.Makes it an offense for a person who uses a concealed camcorder, motion picture camera, or photographic camera of any type, to secretly videotape, film, photograph, or record by electronic means, another, identifiable person who may be in a state of full or partial undress, for the purpose of viewing the body of, or the undergarments worn by, that other person, without the consent or knowledge of that other person, in any area in which that other person has a reasonable expectation of privacy, with the intent to invade the privacy of that other person. 3.Provides that any person under 18 years of age who commits a crime is within the jurisdiction of the juvenile court, except as specified. www.leginfo.ca.gov/pub/13-14/bill/sen/sb_0801-0850/sb_838_cfa_20140826_121631_sen_floor.html 1/4
1/28/24, 4:27 PM SB 838 Senate Bill - Bill Analysis 4.Enumerates certain crimes for which a minor 14 years of age or older may be prosecuted under the general law in a court of criminal jurisdiction. 5.States, as amended by Proposition 21, an initiative statute approved by the voters at the March 7, 2000 primary election, juvenile court hearings are closed to the public, except for juvenile court hearings alleging the commission of specified felonies. The Legislature may amend Proposition 21 by a CONTINUED SB 838 Page 3 statute passed in each house by a 2/3-vote. 6.Sets forth a list of 30 offense categories, commonly referred to as "707(b) offenses," which carry a number of consequences in terms of how a minor and his/her alleged criminal act is handled in the juvenile system, including remand to adult criminal court, as specified. This bill: 1.Adds to the list of felonies, to which the public may be admitted for the juvenile court proceedings, certain sex offenses accomplished because the person is prevented from resisting due to being rendered unconscious by any intoxicating, anesthetizing, or controlled substance, or when the victim is at the time incapable, because of a disability, of giving consent, and this is known or reasonably should be known to the person committing the offense. 2.Requires the court, in cases where a minor is adjudged or continued as a ward of the court for the commission of certain sex offenses, to order the minor to complete a sex offender treatment program, if the court determines, in consultation with the county probation officer, that suitable programs are available. 3.Provides, in determining what type of treatment is appropriate, the court shall consider specified factors and any other relevant information presented. 4.States if ordered by the court to complete a sex offender treatment program, the minor shall pay all or a portion of the reasonable costs of the sex offender treatment program after a determination is made if the ability of the minor to pay. 5.Prohibits eligibility for DEJ minors charged with specified sex offenses where the victim was prevented from resisting due to being rendered unconscious by any intoxicating, anesthetizing, or controlled substance, or when the victim was at the time incapable, because of mental disorder or developmental or physical disability, of giving consent, and that was known or reasonably should have been known to the minor at the time of the offense. CONTINUED SB 838 Page 4 6.States that this bill shall be known, and may be cited as, Audrie's Law. Background This bill is the direct result of the tragic death of Audrie Pott, a 15-year-old Saratoga High student who committed suicide after she was sexually assaulted while unconscious and photos of her were disseminated electronically. Her assailants were tried as juveniles. The allegations against them were sustained and they handed down sentences of 30 to 45 days, news reports said. Despite the severity of their crimes, they are freed from having to register sex offenders due to an omission in the law. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: Yes According to the Assembly Appropriations Committee, unknown, likely minor, potentially in excess of $1 million statewide, local costs to require juvenile sex offenders to complete a sex offender treatment program, to the extent suitable programs are available and offenders are unable to pay. www.leginfo.ca.gov/pub/13-14/bill/sen/sb_0801-0850/sb_838_cfa_20140826_121631_sen_floor.html 2/4
1/28/24, 4:27 PM SB 838 Senate Bill - Bill Analysis Unknown, likely minor state and local incarceration and probation costs to the extent additional offenders are excluded from DEJ. Unknown, likely minor state trial court administrative costs for opening additional juvenile cases to the public. SUPPORT : (Verified 8/25/14) Santa Clara County District Attorney (source) American Association of University Women-California Association of Regional Center Agencies California District Attorneys Association California Police Chiefs Association, Inc. California Protective Parents Association Counseling and Support Services for Youth Crime Victims United of California The Arc California The United Cerebral Palsy California OPPOSITION : (Verified 8/25/14) CONTINUED SB 838 Page 5 California Public Defenders Association Youth Law Center ARGUMENTS IN SUPPORT : According to the author: Senate Bill 838 is the direct result of the tragic death of Audrie Pott, a 15-year-old Saratoga High student who committed suicide after she was sexually assaulted while unconscious and photos of her were disseminated electronically. The perpetrators, according to news reports, were tried as juveniles and the allegations against them were sustained, and released after serving 30- to 45-day sentences. They are free to continue their lives, education, and careers in anonymity thanks to outdated laws after publically destroying a young women's life. The incidents surrounding Audrie's death are not isolated but reflect a disturbing trend. Her case is eerily similar to the suicide of Rehtaeh Parsons, a 17-year-old student in Canada, who suffered nearly two years of bullying as photos of her sex assault were circulated by students, and the photographed rape of an unconscious 16-year-old girl by two high school football players in Steubenville, Ohio. It should be noted that the identities of the convicted football players, both 16, were released by the juvenile court. The nature of the crimes against Audrie, coupled with the growing use of social media to bully victims, demands that our statutes and codes be amended to reflect the severity of these offenses in the 21st century to not only give justice but to act as a deterrent. ARGUMENTS IN OPPOSITION : Youth Law Center writes: While it is very good that S.B. 838 no longer includes the original provisions expanding transfer to adult court, adding new crimes that would disproportionately affect juveniles, and mandatory minimum terms of confinement, the provisions that are still in the bill are objectionable and not in keeping with our mission and values. The provision of S.B. 838 that would open juvenile cases to CONTINUED SB 838 Page 6 the public in cases involving certain sex offenses ignores the very reason we have a separate juvenile court system. Unlike the adult criminal system, where punishment is the stated purpose, our juvenile court law requires individualized "care, treatment and guidance" in which punishment is permitted, but the overarching purpose is rehabilitation of the young person. The expansion of open proceedings for juveniles is antithetical to those goals. Moreover, the specific expansion of open proceedings for sex offenses is troubling. Cases involving alleged sex offenses invariably involve a great deal www.leginfo.ca.gov/pub/13-14/bill/sen/sb_0801-0850/sb_838_cfa_20140826_121631_sen_floor.html 3/4
1/28/24, 4:27 PM SB 838 Senate Bill - Bill Analysis of sensitive information and should not automatically be open to the public. ASSEMBLY FLOOR : 79-0, 8/25/14 AYES: Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom, Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley, Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox, Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell, Gray, Grove, Hagman, Hall, Harkey, Roger Hernández, Holden, Jones, Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein, Mansoor, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Nestande, Olsen, Pan, Patterson, Perea, John A. Pérez, V. Manuel Pérez, Quirk, Quirk-Silva, Rendon, Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting, Wagner, Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, Atkins NO VOTE RECORDED: Vacancy JG:k 8/26/14 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED www.leginfo.ca.gov/pub/13-14/bill/sen/sb_0801-0850/sb_838_cfa_20140826_121631_sen_floor.html 4/4
1/31/24, 7:27 AM DA Rosen Urges Passage of Audrie's Law - Office of the District Attorney - County of Santa Clara County Services Departments About the County County of Santa Clara O?ice of the District Attorney Search... Menu For release on June 24, 2014 DA ROSEN URGES PASSAGE OF AUDRIEʼS LAW A statement from Santa Clara County District Attorney Je? Rosen regarding the passage of ʻAudrieʼs Lawʼ out of a state legislative committee today: “I am thankful that the Assembly Public Safety Committee unanimously passed Senate Bill 838 ʻAudrieʼs Lawʼ out of committee this morning.” “Audrieʼs Law modernizes the consequences for those who sexually assault intoxicated, incapacitated, and handicapped victims. The Santa Clara County District Attorneyʼs O?ice stands alongside the Pott Family and State Sen. Jim Beall in their e?orts to create positive and reasonable changes from the pain of Audrieʼs tragedy. I am hopeful that the entire California Legislature will keep the 15-year-old girlʼs memory close in their hearts and her legacy in mind when Audrieʼs Law is presented for a final vote.” ### Report a problem on this page COUNTY SERVICES DEPARTMENTS AND AGENCIES BOARD AGENDAS, MINUTES, AND WEBCASTS VOLUNTEER OPPORTUNITIES CAREERS CONTACT US COUNTY HOLIDAYS ACCESSIBILITY LINKS POLICY PRIVACY POLICY TERMS OF USE https://countyda.sccgov.org/da-rosen-urges-passage-audries-law 1/2
1/31/24, 7:27 AM DA Rosen Urges Passage of Audrie's Law - Office of the District Attorney - County of Santa Clara ©2024 County of Santa Clara. All rights reserved. https://countyda.sccgov.org/da-rosen-urges-passage-audries-law 2/2
DocuSign Envelope ID: D9369B10-EE61-48FD-81EF-EDE758229855 MEMORANDUM OF UNDERSTANDING BETWEEN THE SUPERIOR COURT OF SANTA CLARA COUNTY AND THE COUNTY OF SANTA CLARA This Memorandum of Understanding (“MOU”) is entered into between the Superior Court of California, County of Santa Clara (“Court”) and the County of Santa Clara (“County”) for the purposes of (1) setting forth Court’s and County’s (each a “Party” and collectively the “Parties”) mutual understandings regarding data integrations between County and Court electronic record systems and (2) defining the County’s access to electronic court records and criminal justice data created or maintained in Court systems. 1.Effective Date. This MOU shall be effective beginning on November 6, 2018, shall continue in effect until November 5, 2023, and shall be automatically renewed for five-year periods thereafter, unless terminated or amended by the Parties. Prior to the expiration of any five-year period, each Party shall evaluate whether any changes to the MOU should be made and provide notice to the other Party. 2.Applicable Definitions. The following definitions shall apply to the terms of this MOU: a.Electronic Court Record.The term “Electronic Court Record” refers to a “Court Record”—as that term is defined in Government Code section 68151 and California Rules of Court, rule 2.502—created, maintained, or preserved in electronic form, as set forth in Government Code section 68150 and rule 2.502. “Electronic Court Record” includes data created by the Court that is transmitted electronically to County Departments from the Court. b.Criminal Justice Data.The term “Criminal Justice Data” refers to data transmitted electronically to Court from County Justice Partners. It includes the standard data elements listed in Penal Code section 13125. It also includes “criminal offender record information” and “local summary criminal history information” as those terms are defined in Penal Code sections 13102 and 13300. c.County Justice Partners.The term “County Justice Partners” refers to the Office of the District Attorney, the Office of the Sheriff, the Department of Correction, the Probation Department, and the Office of Pretrial Services. d.County Departments.The term “County Departments” refers to all County departments, including but not limited to County Justice Partners. e.Court Services. The term “Court Services” refers to data integrations and file transfers between Court and County Systems through interfaces with County’s Law Enforcement Information Sharing Environment (“ISE”), Multi-Agency Electronic Sharing, Tracking, Results, and Outcomes (“MAESTRO”), and Criminal Justice Information Control (“CJIC”) system. Approved: 11/06/2018 1
DocuSign Envelope ID: D9369B10-EE61-48FD-81EF-EDE758229855 f.Court Systems. The term “Court Systems” refers to the Court’s Case Management System. g.County Systems.The term “County Systems” refers to all existing and future County technology systems, including CJIC. h.Authorized County Users.The term “Authorized County Users” refers to current County employees who have been authorized by their County Department to receive a specified level of access to Court Systems and who have completed training and backgrounding requirements required by law, regulation, County policy, or the terms of this MOU. i.IT Support Staff. The term “IT Support Staff” refers to County employees, contractors, and vendors who have been authorized by a County Department to provide IT and related services for County Systems and Court Services. 3.Scope of Agreement. This MOU applies to electronic access by County Departments to Electronic Court Records and to Criminal Justice Data maintained in Court Systems and electronically provided by Court to County through the following: a.Court’s Case Web Portal; and b.Court Services. 4.Description of Services. Court shall provide electronic access to Electronic Court Records, Criminal Justice Data, and related Court Services to the County and Authorized County Users in accordance with the terms of this MOU. 5.Authorized Access to Criminal Justice Data. Court shall provide access to Criminal Justice Data maintained in Court Systems to Authorized County Users and others in accordance with Penal Code section 13300 and related statutory provisions governing access to criminal offender record information and summary criminal history. Court recognizes that Authorized County Users from certain County Departments may be eligible to receive access to Electronic Court Records under the California Rules of Court, but may not be eligible to receive access to Criminal Justice Data under the Penal Code. a.Court shall not provide greater access to Criminal Justice Data than is provided via the County’s CJIC system on the date of executing this MOU, unless that expanded access is first approved by the County through its designated criminal justice data sharing governance structure. The County’s Technology Services and Solutions (“TSS”) department shall, upon request, provide the Court with any additional information the Court may need regarding the restrictions and permissions governing the sharing of Criminal Justice Data that are in place in CJIC on the date of executing this MOU. 2