AUBURN SCHOOL DISTRICT – (2022-2020) Internet Access Devices - Wi-Fi "Hotspots" or District provided Internet Access Devices and related Internet Access Device Usage Information (2022-2020)
| Submitted | Nov. 18, 2022 |
| Est. Completion | None |
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Communications
From: Niko Tutkia
AUBURN SCHOOL DISTRICT – (2022-2020) Internet Access Devices - Wi-Fi "Hotspots" or District provided Internet Access Devices and related Internet Access Device Usage Information (2022-2020)
Via email: publicrecords@auburn.wednet.edu
PUBLIC RECORDS REQUEST RCW 42.56
I request the following identifiable public records to be produced in the following order of production, newest to oldest by year:
1. Please provide all "Public Records" (as defined by WAC 44-14-03001) available regarding any and all internet routers, internet access points, wireless access points, "Hotspots," "Mobile Hotspots," "Cellular Hotspots," and any other physical hardware internet access devices provided by your agency (or donated on behalf of your agency) to employees, contractors, students, or the general public in the year 2022.
These records should include all invoices, receipts, and costs of the access devices themselves. Also all device serial numbers, device services providers, device ip addresses, device MAC addresses, device telephone numbers, device email addresses, and any other device specific identifying and device specific location information.
Also include any usage logs for the devices, device audit logs, as well as any reports of any theft of or misuse of the access devices including complaints or allegations of online/internet misconduct, hacking, or harassment/bullying of any kind in association with the use of any of these internet access devices provided by your agency in 2022.
2. Please provide all "Public Records" (as defined by WAC 44-14-03001) available regarding any and all internet routers, internet access points, wireless access points, "Hotspots," "Mobile Hotspots," "Cellular Hotspots," and any other physical hardware internet access devices provided by your agency (or donated on behalf of your agency) to employees, contractors, students, or the general public in the year 2021.
These records should include all invoices, receipts, and costs of the access devices themselves. Also all device serial numbers, device services providers, device ip addresses, device MAC addresses, device telephone numbers, device email addresses, and any other device specific identifying and device specific location information.
Also include any usage logs for the devices, device audit logs, as well as any reports of any theft of or misuse of the access devices including complaints or allegations of online/internet misconduct, hacking, or harassment/bullying of any kind in association with the use of any of these internet access devices provided by your agency in 2021.
3. Please provide all "Public Records" (as defined by WAC 44-14-03001) available regarding any and all internet routers, internet access points, wireless access points, "Hotspots," "Mobile Hotspots," "Cellular Hotspots," and any other physical hardware internet access devices provided by your agency (or donated on behalf of your agency) to employees, contractors, students, or the general public in the year 2020.
These records should include all invoices, receipts, and costs of the access devices themselves. Also all device serial numbers, device services providers, device ip addresses, device MAC addresses, device telephone numbers, device email addresses, and any other device specific identifying and device specific location information.
Also include any usage logs for the devices, device audit logs, as well as any reports of any theft of or misuse of the access devices including complaints or allegations of online/internet misconduct, hacking, or harassment/bullying of any kind in association with the use of any of these internet access devices provided by your agency in 2020.
RECORDS INSTALLMENTS
If production of responsive records will be completed in multiple installments, please begin by producing records in the numerical order requested by subject matter and year. The most recent public records should be produced first.
PRODUCTION AND DELIVERY OF ELECTRONIC RECORDS
The use of 3rd party “portals” (Such as GOVQA or NEXTREQUEST) for communication and production of records in response to a public records request is optional for the requestor in the State of Washington. Respectfully we decline to use any 3rd party "portal" system, specifically GOVQA and NEXTREQUEST. Please provide all records electronically via direct email attachment, or via no password, no registration internet cloud-based download link.
Please do not direct or invite us to use, register for, or communicate with your agency via any 3rd party portal including but not limited to FOIAOnline, GovQA, NextRequest, FOIAExpress, JustFOIA FOIADirect, WebForm, or any other commercial 3rd party records portal service.
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. Unless the records exist IN PAPER FORM ONLY, DO NOT instead create new records by printing native stored electronic files, then scanning and re-printing these newly scanned prints only to reproduce them in again in electronic production.
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 - FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT (FERPA)
Take caution with the broad application of redaction and withholding of identified public records claiming "global FERPA" exemptions. When an agency claims an exemption for an entire record or portion of one, it must inform the requestor of the statutory exemption and provide a brief explanation of how the exemption applies to the record or portion withheld. RCW 42.17.310(4)/42.56.210(3). The brief explanation should cite the statute the agency claims grant an exemption from disclosure. The brief explanation should provide enough information for a requestor to make a threshold determination of whether the claimed exemption is proper. Global, nonspecific claims of exemption such as "FERPA" are insufficient. One way to properly provide a brief explanation of the withheld record or redaction is for the agency to provide a withholding index. It identifies the type of record, its date and number of pages, and the author or recipient of the record (unless their identity is exempt). The withholding index should allow a requestor to make a threshold determination of whether the agency has properly invoked the exemption. There are several exceptions to the FERPA exemption and any agency silently withholding large swaths of public records citing "FERPA!" without providing the original identified record, properly redacted, or if withheld in its entirety, providing a record description and page count or record length, will be challenged in accordance with RCW 42.56.550 if a reasonably detailed withholding index or exemption log is not included.
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.
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.
WAC 44-14-03001 - "Public record" defined.
For most public records, the act uses a three-part test to determine if a record is a "public record." The document must be: A "writing," containing information "relating to the conduct of government" or the performance of any governmental or proprietary function, "prepared, owned, used, or retained" by an agency.
(1) Writing. A "public record" can be any writing "regardless of physical form or characteristics." RCW 42.56.010(3). "Writing" is defined very broadly as: "… handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form of communication or representation including, but not limited to, letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, motion picture, film and video recordings, magnetic or punched cards, discs, drums, diskettes, sound recordings, and other documents including existing data compilations from which information may be obtained or translated." RCW 42.56.010(4). An email, text, social media posting and database are therefore also "writings."
(2) Relating to the conduct of government. To be a "public record," a document must relate to the "conduct of government or the performance of any governmental or proprietary function." RCW 42.56.010(3).1 Almost all records held by an agency relate to the conduct of government.
(3) "Prepared, owned, used, or retained." A "public record" is a record "prepared, owned, used, or retained" by an agency. RCW 42.56.010(3).
A record can be "used" by an agency even if the agency does not actually possess the record. If an agency uses a record in its decision-making process it is a "public record."4 For example, if an agency considered technical specifications of a public works project and returned the specifications to the contractor in another state, the specifications would be a "public record" because the agency "used" the document in its decision-making process.5 The agency could be required to obtain the public record, unless doing so would be impossible. An agency cannot send its only copy of a public record to a third party for the sole purpose of avoiding disclosure.
Sometimes agency employees or officials may work on agency business from home computers or on other personal devices, or from nonagency accounts (such as a nonagency email account), creating and storing agency records on those devices or in those accounts. When the records are prepared, owned, used or retained within the scope of the employee's or official's employment, those records (including emails, texts and other records) were "used" by the agency and relate to the "conduct of government" so they are "public records."7 RCW 42.56.010(3). Agencies should instruct employees and officials that all public records, regardless of where they were created, should eventually be stored on agency computers. Agencies should ask employees and officials to keep agency-related documents with any retention requirements on home computers or personal devices in separate folders temporarily, until they are provided to the agency. An agency could also require an employee or official to routinely blind carbon copy ("bcc") work emails in a personal account back to an agency email account. If the agency receives a request for records that are located solely on employees' or officials' home computers or personal devices, or in personal accounts, the agency should direct the individual to search for and provide any responsive documents to the agency, and the agency should process the request as it would if the records were on the agency's computers or in agency-owned devices or accounts. The agency employee or official may be required by the agency to sign an affidavit describing the nature and extent of his or her search for and production of responsive public records located on a home computer or personal device, or in a nonagency account, and a description of personal records not provided with sufficient facts to show the records are not public records.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Washington Public Records Act request, copied below, and originally submitted on Dec. 1, 2022. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Auburn School District
It looks like this agency uploaded responsive documents to a portal or link sharing site. Our team is working on moving them over, so please check back soon.
Dear MuckRock,
This email acknowledges Auburn School District’s receipt of your public records request dated December 1, 2022.
You requested the following documents:
I request the following identifiable public records to be produced in the following order of production, newest to oldest by year:
1. Please provide all "Public Records" (as defined by WAC 44-14-03001) available regarding any and all internet routers, internet access points, wireless access points, "Hotspots," "Mobile Hotspots," "Cellular Hotspots," and any other physical hardware internet access devices provided by your agency (or donated on behalf of your agency) to employees, contractors, students, or the general public in the year 2022.
These records should include all invoices, receipts, and costs of the access devices themselves. Also all device serial numbers, device services providers, device ip addresses, device MAC addresses, device telephone numbers, device email addresses, and any other device specific identifying and device specific location information.
Also include any usage logs for the devices, device audit logs, as well as any reports of any theft of or misuse of the access devices including complaints or allegations of online/internet misconduct, hacking, or harassment/bullying of any kind in association with the use of any of these internet access devices provided by your agency in 2022.
2. Please provide all "Public Records" (as defined by WAC 44-14-03001) available regarding any and all internet routers, internet access points, wireless access points, "Hotspots," "Mobile Hotspots," "Cellular Hotspots," and any other physical hardware internet access devices provided by your agency (or donated on behalf of your agency) to employees, contractors, students, or the general public in the year 2021.
These records should include all invoices, receipts, and costs of the access devices themselves. Also all device serial numbers, device services providers, device ip addresses, device MAC addresses, device telephone numbers, device email addresses, and any other device specific identifying and device specific location information.
Also include any usage logs for the devices, device audit logs, as well as any reports of any theft of or misuse of the access devices including complaints or allegations of online/internet misconduct, hacking, or harassment/bullying of any kind in association with the use of any of these internet access devices provided by your agency in 2021.
3. Please provide all "Public Records" (as defined by WAC 44-14-03001) available regarding any and all internet routers, internet access points, wireless access points, "Hotspots," "Mobile Hotspots," "Cellular Hotspots," and any other physical hardware internet access devices provided by your agency (or donated on behalf of your agency) to employees, contractors, students, or the general public in the year 2020.
These records should include all invoices, receipts, and costs of the access devices themselves. Also all device serial numbers, device services providers, device ip addresses, device MAC addresses, device telephone numbers, device email addresses, and any other device specific identifying and device specific location information.
Also include any usage logs for the devices, device audit logs, as well as any reports of any theft of or misuse of the access devices including complaints or allegations of online/internet misconduct, hacking, or harassment/bullying of any kind in association with the use of any of these internet access devices provided by your agency in 2020.
***We received this exact request in two (2) duplicate emails. The requests utilize the same specifically numbered email address and the same passcode for request history. These two emails are the exact same request and will be treated as such under public records request number 2022-118.
****A cost estimate will be provided within twenty (20) working days (December 30, 2022).
Pursuant to RCW 42.56.520, the District estimates that it may be able to provide you with documents responsive to your request within sixty (60) business days (February 24, 2023). The district will locate and assemble the information requested, notify third persons or agencies affected by the request if applicable, and/or to determine whether any of the information contained in such documents is exempt from public disclosure.
If additional clarification is needed, we will respond as quickly as questions arise.
****Your email indicated you declined using a 3rd party ‘portal’.
Due to the size of these documents, they would need to be provided through the Auburn School District Microsoft SharePoint. If this doesn’t work for you, they could be provided on a digital storage media (CD) or in hard copy at an additional cost. This confirmation email indicates below all delivery options and state allowable pricing. Please advise your preference within ten (10) business days (December 19, 2022).
To view the procedure and costs associated with Public Records click Board Policy 4040P<https://drive.google.com/open?id=1q0g-_-8x8bM__8Wuj8NkR1x7R5XMUMDU> . Below is a brief summary of potential fees:
* Photocopies or printed copies .15 cents per page
* Electronic records .10 cents per page for records scanned to an electronic format
* Five cents per every 4 electronic files or attachment uploaded to email, cloud-based data storage service, or other means of electronic delivery
* Ten cents per gigabyte for the transmission of public records in an electronic format or for the use of District equipment to send the records electronically
* Actual cost of any digital storage media or device provided by the District, the actual cost of any container or envelope used to mail the copies to the requestor, and the actual postage or delivery charge.
* The District may charge a flat fee of up to two dollars for any request as an alternative to fees when the agency reasonably estimates and documents that the cost allowed under this subsection are clearly equal to or more than two dollars.
* A customized service charge may be imposed if the District estimates that the request would require the use of information technology expertise to prepare data compilations, or to provide customized electronic access services when such compilations and customized access services are not used by the District for other District purposes. The customized service charge may reimburse the District up to the actual cost of providing the services.
* The District may choose to not calculate the actual costs it charges for providing public records if doing so would be unduly burdensome.
* The District may waive any charge assess for a request.
If requested, the District will provide a summary of the applicable charges before fulfilling the request. The requestor will be allowed to revise the request in order to reduce the applicable charges, A deposit of up to ten percent of the estimated costs may be required before processing the request.
The above timeframes are simply estimates and processing your request may take longer than predicted. If you have questions or concerns, feel free to call me at (253) 931-4900.
Sincerely,
Lisa Connors
Public Records and Compliance Coordinator
Auburn School District
D: 253-887-3955
P: 253-931-4900
E: lconnors@auburn.wednet.edu<mailto:lconnors@auburn.wednet.edu>
915 4th Street NE, Auburn, WA 98002
www.auburn.wednet.edu<http://www.auburn.wednet.edu/>
From: Auburn School District
Dear MuckRock,
A confirmation email was sent this morning on this public records request.
I will provide a cost estimate on or before December 30, 2022, after all the records have been pulled.
**In addition, I do need to hear back from you regarding delivery method by December 19, 2022.
Sincerely,
Lisa Connors
Public Records and Compliance Coordinator
Auburn School District
D: 253-887-3955
P: 253-931-4900
E: lconnors@auburn.wednet.edu<mailto:lconnors@auburn.wednet.edu>
915 4th Street NE, Auburn, WA 98002
www.auburn.wednet.edu<http://www.auburn.wednet.edu/>
From: Niko Tutkia
"Due to the size of these documents, they would need to be provided through the Auburn School District Microsoft SharePoint." This should work. Thank you.
From: Auburn School District
Dear MuckRock,
This email provides an estimate of fees associated with your public records request dated December 1, 2022.
You requested the following documents:
I request the following identifiable public records to be produced in the following order of production, newest to oldest by year:
1. Please provide all "Public Records" (as defined by WAC 44-14-03001) available regarding any and all internet routers, internet access points, wireless access points, "Hotspots," "Mobile Hotspots," "Cellular Hotspots," and any other physical hardware internet access devices provided by your agency (or donated on behalf of your agency) to employees, contractors, students, or the general public in the year 2022.
These records should include all invoices, receipts, and costs of the access devices themselves. Also all device serial numbers, device services providers, device ip addresses, device MAC addresses, device telephone numbers, device email addresses, and any other device specific identifying and device specific location information.
Also include any usage logs for the devices, device audit logs, as well as any reports of any theft of or misuse of the access devices including complaints or allegations of online/internet misconduct, hacking, or harassment/bullying of any kind in association with the use of any of these internet access devices provided by your agency in 2022.
2. Please provide all "Public Records" (as defined by WAC 44-14-03001) available regarding any and all internet routers, internet access points, wireless access points, "Hotspots," "Mobile Hotspots," "Cellular Hotspots," and any other physical hardware internet access devices provided by your agency (or donated on behalf of your agency) to employees, contractors, students, or the general public in the year 2021.
These records should include all invoices, receipts, and costs of the access devices themselves. Also all device serial numbers, device services providers, device ip addresses, device MAC addresses, device telephone numbers, device email addresses, and any other device specific identifying and device specific location information.
Also include any usage logs for the devices, device audit logs, as well as any reports of any theft of or misuse of the access devices including complaints or allegations of online/internet misconduct, hacking, or harassment/bullying of any kind in association with the use of any of these internet access devices provided by your agency in 2021.
3. Please provide all "Public Records" (as defined by WAC 44-14-03001) available regarding any and all internet routers, internet access points, wireless access points, "Hotspots," "Mobile Hotspots," "Cellular Hotspots," and any other physical hardware internet access devices provided by your agency (or donated on behalf of your agency) to employees, contractors, students, or the general public in the year 2020.
These records should include all invoices, receipts, and costs of the access devices themselves. Also all device serial numbers, device services providers, device ip addresses, device MAC addresses, device telephone numbers, device email addresses, and any other device specific identifying and device specific location information.
Also include any usage logs for the devices, device audit logs, as well as any reports of any theft of or misuse of the access devices including complaints or allegations of online/internet misconduct, hacking, or harassment/bullying of any kind in association with the use of any of these internet access devices provided by your agency in 2020.
The estimated cost for your response documents is $4,030.00.
Pursuant to RCW 42.56.520, this estimate is calculated based on Electronic records .10 cents per page for records scanned to an electronic format.
**Your request included invoices which we receive as printed/hard copies. Each invoice would need to be scanned to provide you an electronic copy. We also have three (3) Excel documents that are responsive to your request. We believe these are the responsive records you are requesting. If this is not correct, or you want to revise the request, please let me know.
Here are the details for scanning the invoices.
Date Start
Date End
Months/ Invoices
Estimated pages per invoice
Estimated pages to be scanned
Cost per Invoice
Scanned
Total cost
May 2020
Aug 2020
4
1300
5,200
$0.10
$520.00
Sep 2020
Aug 2021
12
1300
15,600
$0.10
$1,560.00
Sep 2021
Aug 2022
12
1300
15,600
$0.10
$1,560.00
Sep 2022
Nov 2022
3
1300
3,900
$0.10
$390.00
31
40,300
$4,030.00
**Again, we believe these are the responsive records you are requesting. If this is not correct, or you want to revise the request, please contact me.
We can still complete this request by our original estimate of February 24, 2023.
**Please confirm that you would like the district to move forward with your records request or if you would like to revise your request. I will start processing your request once I’ve heard back from you or received payment.
At any time that you no longer need the requested information in your public records request, please let me know.
The District requires a ten-percent (10%) deposit on all public records requests.
Payment Instructions
Payment can be made online. Please follow the Pay Online Instructions for Guests<https://www.auburn.wednet.edu/Page/836> on the district website.
Shop: Items at all Schools/Buildings
School Type: Other BLDGS/Rentals
Categories: James P Fugate Bldg
Item: Public Records Request 2022-118 (Please be prepared to enter Qty 1 and amount due before selecting “buy”)
**Please notify me when your payment has been made. Please process payment within fifteen (15) business days, by January 16, 2023 (allowed two days for holidays).
Sincerely,
Lisa Connors
Public Records and Compliance Coordinator
Auburn School District
D: 253-887-3955
P: 253-931-4900
E: lconnors@auburn.wednet.edu<mailto:lconnors@auburn.wednet.edu>
915 4th Street NE, Auburn, WA 98002
www.auburn.wednet.edu<http://www.auburn.wednet.edu/>
From: Niko Tutkia
Hello,
RE FEES: 40,300 pages $4,030.00.
Please confirm your agency stores all 40,300 pages of invoices in paper only format and not electronic format. Once confirmed these records exist on paper only in a physical District storage location, we will make a decision on this subset of records.
Thank you.
From: Auburn School District
Dear MuckRock,
Thank you for bringing this question to my attention. We had originally quoted that an estimate 40,300 pages would have to be scanned as our records are in the printed format. We do receive these records as hard copies in the mail.
I’ve gone back to multiple departments to clarify if these records are accessible somewhere electronically. I believe they may be. Our technology department is looking into this matter for me now.
I sincerely apologize for the confusion.
If we can locate all the files electronically, your updated fee estimate is $0.43.
34 Files (34/4=8.5x$0.05=$0.43)
This fee is based on: Five cents per every 4 electronic files or attachment uploaded to email, cloud-based data storage service, or other means of electronic delivery
**If we cannot locate all the files electronically, there may be a cost for the older records that would need to be scanned. I will provide an update once I hear back from the technology department.
We can still complete this request by our original estimate of February 24, 2023, although all records will need to be reviewed regarding security information. Reviewing 40,300 pages may take longer than expected. If that is the case, we will provide an update.
**Please confirm that you would like the district to move forward with your records request or if you would like to revise your request. I will start processing your request once I’ve received payment.
At any time that you no longer need the requested information in your public records request, please let me know.
The District requires a ten-percent (10%) deposit on all public records requests.
Payment Instructions
Payment can be made online. Please follow the Pay Online Instructions for Guests<https://www.auburn.wednet.edu/Page/836> on the district website.
Shop: Items at all Schools/Buildings
School Type: Other BLDGS/Rentals
Categories: James P Fugate Bldg
Item: Public Records Request 2022-118 (Please be prepared to enter Qty 1 and amount due before selecting “buy”)
**Please notify me when your payment has been made. Please process payment within fifteen (15) business days, by January 16, 2023.
Sincerely,
Lisa Connors
Public Records and Compliance Coordinator
Auburn School District
D: 253-887-3955
P: 253-931-4900
E: lconnors@auburn.wednet.edu<mailto:lconnors@auburn.wednet.edu>
915 4th Street NE, Auburn, WA 98002
www.auburn.wednet.edu<http://www.auburn.wednet.edu/>
From: Muckrock Staff
Hello Lisa,
Please delete this request as it is a duplicate of PRR# 2022-117. We will proceed with this request on that one.
Thank you so much for your time.
Sincerely,
MuckRock Staff
From: Auburn School District
Dear MuckRock,
Thank you for the email requesting we close this duplicate request.
With this letter, the District closes its response to your December 1, 2022, public records request for #2022-118.
If you have questions or concerns, please feel free to contact me.
Sincerely,
Lisa Connors
Public Records and Compliance Coordinator
Auburn School District
D: 253-887-3955
P: 253-931-4900
E: lconnors@auburn.wednet.edu<mailto:lconnors@auburn.wednet.edu>
915 4th Street NE, Auburn, WA 98002
www.auburn.wednet.edu<http://www.auburn.wednet.edu/>
Files
There are no files associated with this request.