Auburn School District Communications and Writings – MUCKROCK and ANONYMOUS PUBLIC RECORDS REQUESTS

PRA WATCH filed this request with the Auburn School District of Auburn, WA.
Due Aug. 6, 2020
Est. Completion Oct. 19, 2020
Status
Awaiting Response

Communications

From: PRA WATCH

To Whom It May Concern:

Pursuant to the Washington Public Records Act, I hereby request the following records:

COMMUNICATIONS AND WRITINGS - ALL ELECTRONIC MAIL (E-MAIL), ELECTRONIC TEXTS, TELEPHONE COMMUNICATIONS, TELEPHONE MESSAGES, AND TELEPHONE LOGS referencing the following subjects/or topics for the period of time between January 1, 2018 - July, 21,2020 or until such time as this request has been completed (whichever date is more current):

“MUCKROCK”

“MUCK-ROCK”

“muckrock.com”

“online requester”

“anonymous records request”

Please include alternate spellings in any reasonable search for responsive records in the District’s possession regarding these topics.

With respect to requests for records that include "communications," I am requesting all emails, text messages, and telephone records, regardless the type of device or account from which the communication was generated or where the device or data is stored (including personal devices such as personal cell phones, laptops, tablets, and/or computers etc. used from home to conduct public business during the COVID-19 Pandemic). Nissen v. Pierce County, 183 Wa.2d 863 (2015).

With respect to requests for records that include "Writings" per 42.56.010(4) this means 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.

I also request a detailed contemporaneous log to be provided for any document withheld or redacted.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, in MICROSOFT .pst format if available and via e-mail attachment format or unprotected internet cloud link if possible, or on USB FLASH DRIVE or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter.

I look forward to receiving your response to this request within 5 business days, as the statute requires.

Sincerely,

PRA WATCH

From: Auburn School District

Public Records Receipt Confirmation

July 27, 2020

Dear PRA Watch,

The purpose of this letter is to acknowledge Auburn School District’s receipt of your public records request dated July 21, 2020. Specifically, you requested:

COMMUNICATIONS AND WRITINGS - ALL ELECTRONIC MAIL (E-MAIL), ELECTRONIC TEXTS, TELEPHONE COMMUNICATIONS, TELEPHONE MESSAGES, AND TELEPHONE LOGS referencing the following subjects/or topics for the period of time between January 1, 2018 - July, 21,2020 or until such time as this request has been completed (whichever date is more current):

“MUCKROCK”

“MUCK-ROCK”

“muckrock.com”

“online requester”

“anonymous records request”

Please include alternate spellings in any reasonable search for responsive records in the District’s possession regarding these topics.

With respect to requests for records that include "communications," I am requesting all emails, text messages, and telephone records, regardless the type of device or account from which the communication was generated or where the device or data is stored (including personal devices such as personal cell phones, laptops, tablets, and/or computers etc. used from home to conduct public business during the COVID-19 Pandemic). Nissen v. Pierce County, 183 Wa.2d 863 (2015).

With respect to requests for records that include "Writings" per 42.56.010(4) this means 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.

I also request a detailed contemporaneous log to be provided for any document withheld or redacted.

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 from the above date to determine the need to clarify the intent of the request, to locate and assemble the information requested, to notify third persons or agencies affected by the request, and/or to determine whether any of the information contained in such documents is exempt from public disclosure.

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
* Actual cost of mailing or delivery charge, including cost of the shipping container or envelope
* Electronic records .10 cents per page for records scanned to an electronic format
* Five cents per every 4 pages of 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
* 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.

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 not received notice from us regarding your request within the above timelines, or if you have questions or concerns, feel free to call me at (253) 931-4932.

Sincerely,

Jon Aarstad

Director of Human Resources

253-931-4900

requests@muckrock.com <requests@muckrock.com>

From: Auburn School District

September 29, 2020

Dear PRA Watch,

Thank you for the email.

You can expect an update or an estimated amount of fees by October 19, 2020.

Sincerely,

Jon Aarstad

Director of Human Resources

253-931-4900

From: Auburn School District

October 12, 2020

Dear PRA Watch,

The purpose of this email is to provide you an estimate of the fees associated with your public records request dated July 21, 2020.

You requested the following documents:

COMMUNICATIONS AND WRITINGS - ALL ELECTRONIC MAIL (E-MAIL), ELECTRONIC TEXTS, TELEPHONE COMMUNICATIONS, TELEPHONE MESSAGES, AND TELEPHONE LOGS referencing the following subjects/or topics for the period of time between January 1, 2018 - July, 21,2020 or until such time as this request has been completed (whichever date is more current):

“MUCKROCK”

“MUCK-ROCK”

“muckrock.com”

“online requester”

“anonymous records request”

Based on a query using the criteria listed above, the district located 845 files. The district estimates the fees for electronic files or attachments to be $10.56 plus delivery charges depending the method you would like to receive the files.

Actual cost of mailing or delivery charge, including cost of the shipping container or envelope
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

Please confirm that you would like the district to move forward with your records request or let us know if you would like to revise your request.

If the district does not receive a reply from you within thirty (30) calendar days from October 12, 2020, the district will close your request.

Sincerely,
Jon Aarstad
Director of Human Resources
253-931-4900

From: PRA WATCH

Hello Mr. Aarstad,

To confirm: Yes, I do wish to proceed with this request.

Please provide the requested responsive .pst files via cloud based link and advise how the District wishes to receive any fees properly calculated in accordance with RCW 42.56.120(2)(b)(iv).

Thank you.

From: PRA WATCH

Hello Mr. Aarstad,

I have received no response from you for 26 days regarding confirmation of fees and costs for this public records request. Subject: RE: Washington Public Records Act Request: Auburn School District Communications and Writings – MUCKROCK and ANONYMOUS PUBLIC RECORDS REQUESTS.

What is the final fee calculation, how are these fees properly calculated per Washington State Public Records Act in accordance with RCW 42.56.120(2)(b)(iv), to what address do you direct the funds to be delivered to, and in what format and medium will the District provide the public records requested?

Please provide the requested responsive .pst files via cloud based link as soon as possible.

Thank you.

From: Auburn School District

PRA Watch,

Thank you for the email.

We are unable to provide you with the .pst files as some records may include information that is exempt from disclosure, in whole or in part, under a specific exemption contained in chapter 42.56 RCW or another statue which exempts or prohibits disclosure of specific information or records. As such, the district is required to review and redact exempt information before releasing the files. The district's process to redact the files is to convert them to a .pfd format.

The district located 845 files based on your public records record request. The district estimates the fees for electronic files or attachments to be $10.56 plus delivery charges depending the method you would like to receive the files.

Payment can be made via cashier's check mailed to 915 4th Street NE, Auburn, WA 98002 or paid through credit card via the Pay for School and/or District Fees and Services<https://www.auburn.wednet.edu/Page/836> quick link on the Auburn School District website.

Please let us know if you agree to pay the estimated fees and if you would like the district to move forward with your request.

If the district does not receive a reply from you within thirty (30) calendar days from November 10, 2020 the district will close your request.

Sincerely,
Jon Aarstad
Director of Human Resources
253-931-4900

From: PRA WATCH

Hello Mr. Aarstad,

Some agencies claim that redactions to electronic records cannot be made to .pst format files and this necessitates a conversation of email records to an Adobe .pdf format for redaction purposes. This practice is common, permitted, and acceptable.

The District has no legal right to charge for costs and fees under WAC 44-14-070 due to the fact no BOARD APPROVED PUBLIC POLICY is in place, only a unilateral "chilling effect" PROCEDURE that was set in motion by Superintendent Spicciati, a decision unlikely to withstand judicial review. Regardless I agree to pay $10.56 plus whatever delivery charges for INTERNET CLOUD BASED DELIVERY LINK IMMEDIATELY to have access to these public records.

Yes I wish to proceed as I said last month, please proceed with all deliberate speed and provide the records via internet based link or email if possible.

Please ensure all records include “communications” and “writings” as defined by statute including but not limited to emails, text messages, and telephone records, regardless the type of device or account from which the communication was generated or where the device or data is stored (including employee personal devices such as personal cell phones, laptops, tablets, and/or computers etc. used from home to conduct public business during the COVID-19 Pandemic). Nissen v. Pierce County, 183 Wa.2d 863 (2015) and WAC 44-14-04003(10).

Please ensure any redactions are accompanied by a complete and detailed exemption log noting the valid legal reason for each redaction at each page location and the number of pages if any that are redacted or withheld in their entirety.

I will send payment by certified check or money order to:

AUBURN SCHOOL DISTRICT
915 4th Street
Auburn, Washington 98002

Thank you.

Files