KENT SCHOOL DISTRICT – Request for complete electronic copies of (5) MICROSOFT .pst format data archives for the time period 1-1-2020 to 04-29-2024

April 29, 2024

SUBJECT: PUBLIC RECORDS REQUEST RCW 42.56

KENT School District – Request for a complete electronic copies of (5) MICROSOFT .pst format data archives for the time period 1-1-2020 to 04-29-2024.

Via email to: PublicRecords@Kent.k12.wa.us

To Whom It May Concern:

Pursuant to the Washington Public Records Act [RCW 42.56] I hereby request the following records:

1. I Request for a complete electronic copy of the entire MICROSOFT .pst format data archive for each of the following specific email address(es)/email box(s) for the time period January 1, 2020 to April 29, 2024:

publicrecords@Kent.k12.wa.us
tyler.inboden@kent.k12.wa.us
dawnmarie.boster@kent.k12.wa.us
israel.vela@kent.k12.wa.us
paul.brachvogel@kent.k12.wa.us

Please ensure each DATA ARCHIVE is produced electronically as a single separate .pst file format data file. This request is for the identified public records to be exported from the KENT SCHOOL DISTRICT email data servers, in accordance with the public database export provisions incorporated within the public records act RCW 42.56. This public records request is *NOT* for individual email files or records.

REQUEST FOR "Reasonably translatable" electronic records - WAC 44-14-05002(2)(b)

This data export request is for the simple database export of five (5) “@kent.k12.wa.us” datasets from the commercially available format your agency employs to the freely available commercial format Microsoft .pst. This request is for "Reasonably translatable" electronic records - WAC 44-14-05002(2)(b). Your agency stores these electronic records in a generally commercially available format. This request is for a database EXPORT FUNCTION of the (5) datasets identified in this request to the NATIVE .pst file format. No translation into another format is necessary as the .pst file format is the generally commercially available format of the record I am requesting. WAC 44-14-05002(2)(c)(ii).

Further, if your agency has a need to redact these records and claim various exemptions, any redaction process in no way obstructs your agency from providing the final .pst file as requested, with redactions, coupled with contemporaneous exemption logs as required by RCW RCW 42.56.210.

This request does not require specialized programming, the .pst file format is in regular use by your agency for regular day-today business operations. The process of export to .pst for this data requires less than a half dozen mouse clicks. As such, no customized service charge is applicable. If your agency claims the need for a customized service charge, provide a detailed explanation of the service charge, including why it applies, a description of the specific expertise required, and a reasonable estimate of the cost of the charge (WAC 44-14-05004.)

FEES FOR REDACTION ARE NOT APPLICABLE

RCW 42.56. 120 (2)(e). An agency cannot charge a "redaction fee" for the staff time necessary to prepare the records for inspection, for the copying required to redact records before they are inspected, or an archive fee for getting the records from off-site.

DATE RANGE
The date range for this request is January 1, 2020 to April 29, 2024.

USE OF PORTAL NOT MANDATORY

Washington State Law is clear that the use of 3rd party “portals” (Such as GOVQA) for a public records request is optional for the requestor. Respectfully I decline. Please provide all records electronically via direct email attachment to this email address.

Please do not register this requestor for, nor direct this requestor to the use of any 3rd party commercial portal including but not limited to FOIAOnline, GovQA, NextRequest, FOIAExpress, JustFOIA FOIADirect, WebForm, or any other online service other than a direct NO PASSWORD REQUIRED, NO REGISTRATION REQUIRED, internet cloud-based download link, or electronic email.

Do not send any portion of this public records request to any 3rd party for-profit corporation such as GOVQA, a Grannicus Corporation or NEXT-REQUEST.

Do not register this request with any for profit portal or 3rd party organization such as GOVQA, a Grannicus Corporation, or NEXT-REQUEST.

PUBLIC RECORDS REQUESTS SUBMITTED VIA EMAIL

RCW 42.56.080 - Identifiable records—Facilities for copying—Availability of public records.

"...Agencies shall honor requests received in person during an agency's normal office hours, or by mail or email, for identifiable public records unless exempted by provisions of this chapter. No official format is required for making a records request; however, agencies may recommend that requestors submit requests using an agency provided form or web page."

This public records request is being made via email. This public records request will be honored and fulfilled by your agency via email as requested or relief will be sought per statute.

NATIVE ELECTRONIC FORMAT

Please provide all identified public records in their NATIVE electronic format, in this request the MICROSOFT .pst file format. Please provide all electronic records in the fewest number of individual files as per native format or use free .zip or digital compression in each installment for the fewest number of total records and the most economical calculation of any applicable public records fees.

FEES
In the event that there are fees, please inform us of the total charges in advance of fulfilling the request in strict compliance with all provisions of the Washington State Public Records Act.

EXEMPTION LOGS
Please ensure all redactions or exemptions claimed by your agency in the production of responsive records are accompanied by a complete and detailed exemption log noting the valid legal reason for each exemption at each redaction location in the record produced, as well as the specific number of pages if any that your agency redacts or withholds in their entirety. Each redaction should be noted by footnote or by a clear reference to the specific justification for that redaction, and only the minimal exempt portion of any record may be withheld.

COMMERCIAL PURPOSE DECLARATION
The Washington State Public Records Act prohibits the disclosure of “lists of individuals” for a commercial purpose (RCW 42.56.070(8)). I declare this public records request is not being made for any commercial purpose whatsoever. Also, this public records request is not being made for a "list of individuals." This declaration satisfies all requirements of RCW 42.56 regarding prohibitions on lists and commercial purposes. No additional commercial purpose declaration will be completed for this public records request.

PRESERVATION OF PUBLIC RECORDS *** ANTICIPATE LITAGATION ***

WAC 44-14-03005 RETENTION OF PUBLIC RECORDS

The lawful destruction of public records is governed by retention schedules. The unlawful destruction of public records can be a crime. RCW 40.16.010 and 40.16.020. An agency is prohibited from destroying a public record, even if it is about to be lawfully destroyed under a retention schedule, if a public records request has been made for that record. RCW 42.56.100. Additional retention requirements might apply if the records may be relevant to actual or anticipated litigation. The agency is required to retain the record until the record request has been resolved.

Note: An agency can be found to violate the Public Records Act and be subject to the attorneys' fees and penalty provision if it prematurely destroys a requested record after a request is made. See Yacobellis v. City of Bellingham, 55 Wn. App. 706, 780 P.2d 272 (1989). However, it is not a violation of the Public Records Act if a record is destroyed prior to an agency's receipt of a public records request for that record. Bldg. Indus. Ass'n of Wash. v. McCarthy, 152 Wn. App. 720, 218 P.3d 196 (2009); West v. Dep't of
Nat. Res., 163 Wn. App. 238, 258 P.3d 78 (2011). The Public Records Act (chapter 42.56 RCW) and the records retention statutes (chapter 40.14 RCW) are two different laws.

COMMUNICATION VIA EMAIL

Please send all requests for clarification, status updates, and production of responsive electronic documents via direct email reply.

The requested documents will be made available to the general public.

Thank you in advance for your anticipated cooperation in this matter. We look forward to receiving your response to this request within 5 business days, as the statute requires.

Good Luck.

***REQUEST FOR CLARIFICATION***
***ANTICIPATE LITIGATION***

Hello,

Either you did not understand the specifics of the public records I am requesting digital copies of, or your agency is proposing to process my records request in such a way as to assess inflated public records fees that are inapplicable to my request.

I am requesting specific, identified, individual MICROSOFT .pst files, not individual email records. As you have described, each .pst file DATABASE EXPORT I am requesting is as follows:

1. publicrecords@kent.k12.wa.us EXPORT to .pst file: proposed name: publicrecords.pst Size: 9.19 GB
2. tyler.inboden@kent.k12.wa.us EXPORT to .pst file: proposed name: tylerinboden.pst Size: 21.65 GB
3. dawnmarie.boster@kent.k12.wa.us EXPORT to .pst file: proposed name: dawnmarieboster.pst Size: 2.43 GB
4. israel.vela@kent.k12.wa.us EXPORT to .pst file: proposed name: israelvela.pst Size: 54.67 GB
5. paul.brachvogel@kent.k12.wa.us EXPORT to .pst file: proposed name: paulbrachvogel.pst Size: 21.95 GB

The correct public records fee calculation would be as follows:

The correct fee assessment as allowed by RCW 42.56.120 (2) (b) (i through v), which allows five cents per each four electronic files and ten cents per gigabyte would be:

.05 cents x 4 electronic .pst files (5 files total) = .10 cents
10 cents per gigabyte (9.19GB + 21.65GB + 2.43GB + 54.67GB + 21.95GB = 109.89GB) .10 x 109.89 = $10.98 cents.

So the actual fee calculation for this request is in the $11.00 - $12.00 range.

You are of course aware that an agency cannot charge public records fees for the time and expense it may take to apply redactions to public records RCW 42.56. 120(1) and that when calculating any fees... an agency shall use the most reasonable cost-efficient method available to the agency as part of its normal operations RCW 42.56. 120(1).

I have requested specific, individual .pst files as exported from your agency MICROSOFT DATABASE.

Now your agency has a few options as I see it:

1. export the .pst files and produce the individual .pst files as requested.
2. export the .pst files to acrobat .pdf format for your agency redaction and review. After redaction, convert the .pdf back to the requested individual .pst file for digital production in line with the original request.
3. export the .pst files to acrobat .pdf format for your redaction review. After redaction, produce the entire archive as a .pdf portfolio, as (1) single file per (1) single .pst archive. This is acceptable to us. One (1) .pst archive = (1) .pdf portfolio redacted.

No special software or computer knowledge is necessary, as you are aware. Your agency works with .pst, .pdf, and .pdf portfolio files in the regular course of daily operations.

Please provide a detailed records production time estimate and new fee calculation in line with the original request.

Thank you.