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Sunday, November 29, 2015

Court rules Emir Macari "termination letters" are not subject to public disclosure

A petition seeking release of the "non-retention" memos (November 2013 - January 2014) sent to then CSU Sacramento engineering dean Emir Macari has been denied by the Sacramento Superior Court. The memos were identified from an HR document leaked to the press, informing Macari that his appeal of the termination decision had been denied.

From the ruling:
"The University informed Macari it had decided not to retain him in [the position of Dean]."
"Petitioner wants to know why."
 "Macari has submitted a declaration ... in which he states that the University based its decision not to retain him on 'alleged performance issues' and 'evaluations and assessments of my job performance'."
"Although the court has not seen the two requested documents, the University and Macari have described them essentially as termination letters." 
Legal authority did not support petitioner's argument that these were contract, rather than personnel records. Personnel records are exempt if disclosure would represent an unwarranted invasion of privacy.
"Even without these authorities, the court could take judicial notice of human nature in order to find that disclosing the reasons for terminating an employee could be extremely embarrassing." 
"The Court is simply not convinced that the public has a right to know further details."
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On April 9, 2014, Macari testified at a confirmation hearing before the State Senate Rules Committee, on his re-appointment to the Alfred E. Alquist Seismic Safety Commission.

The Sacramento State Hornet reported: "Former engineering dean says he resigned from position."

Video:


Emir Macari Senate testimony: "I am a very ethical and very moral person."


Emir Macari currently serves as the Dean of Engineering at the University of New Orleans (UNO).