Auburn School District Employee Communications and Writings – Jon Aarstad, Daman Hunter, Vicki Bates, Jennifer Clouser, Debbie Leighton, Curtis Leonard, Lynda Stoddard, and Debbie Strand
| Submitted | July 21, 2020 |
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Communications
From: Equal Rights
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 of the following individuals for the period of time between January 1, 2018 - July, 21 2020 or the date this Public Records Request is completed whichever is more current:
Lynda Stoddard
Jon Aarstad
Daman Hunter
Debbie Strand
Vicki Bates
Jennifer Clouser
Debbie Leighton
Curtis Leonard
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 possible and by public (no password) e-mail attachment or link if available or USB 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,
Equal Rights
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 July 21, 2020. 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
Public Records Receipt Confirmation
July 28, 2020
Dear Equal Rights,
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 of the following individuals for the period of time between January 1, 2018 - July, 21 2020 or the date this Public Records Request is completed whichever is more current:
Lynda Stoddard
Jon Aarstad
Daman Hunter
Debbie Strand
Vicki Bates
Jennifer Clouser
Debbie Leighton
Curtis Leonard
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
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 July 21, 2020. 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: 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 July 21, 2020. 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: 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 July 21, 2020. 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: 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 July 21, 2020. 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
September 29, 2020
Dear Equal Rights,
Thank you for the email.
The district is in the process of gathering the response document to provide an estimated amount of fees associated with your request. You can expect an estimate of the fees by October 20, 2020.
We appreciate your patience.
Sincerely,
Jon Aarstad
From: Auburn School District
Public Records Fee Notification
October 15, 2020
Dear Equal Rights,
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 of the following individuals for the period of time between January 1, 2018 - July, 21 2020 or the date this Public Records Request is completed whichever is more current:
Lynda Stoddard
Jon Aarstad
Daman Hunter
Debbie Strand
Vicki Bates
Jennifer Clouser
Debbie Leighton
Curtis Leonard
The district calculates that your request will generate 710,985 electronic file attachments. Based on a cost of five cents per every 4 electronic files or attachment uploaded to email, cloud-based data storage service, or other means of electronic delivery, the estimated fees are $8,887.31 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
* 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
Below is a summary of the estimated charges:
Description # of Files Cost per 4 electronic files or attachments .05
Lynda Stoddard 53,573 $669.66
Jon Aarstad 63,654 $795.68
Daman Hunter 62,297 $778.71
Debbie Strand 44,382 $554.78
Vicki Bates 130,317 $1,628.96
Jennifer Clouser 321,709 $4,021.36
Debbie Leighton 29,799 $372.49
Curtis Leonard 5,254 $65.68
Total $8,887.31
Please confirm that you would like the district to move forward with your records request or 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 15, 2020, the district will close your request.
Sincerely,
Jon Aarstad
Director of Human Resources
253-931-4900
From: Equal Rights
NOVEMBER 15, 2020
RE: AUBURN SCHOOL DISTRICT IMPROPER CALCULATION AND APPLICATION OF PUBLIC RECORDS STATUTORY DEFAULT COSTS WAC 44-14-070
ACTION REQUIRED
Mr. Aarstad,
The 10-15-2020 demand for $8,887.31 in fees for “710,985 electronic file attachments” has been received, reviewed, and rejected as an intentional miscalculation and gross inflation of fees not permissible under the Public Records Act (RCW 42.56). Your letter is presented in bad faith and designed not to provide the “fullest assistance” (WAC 44-14-04003) (3) as required of the District under the PRA but rather to discourage the public and this requestor from seeking transparency in local government and of public employees such as yourself.
On 07-21-2020 I originally requested:
********************************************************************************************************************************
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 of the following individuals for the period of time between January 1, 2018 - July, 21 2020 or the date this Public Records Request is completed whichever is more current:
Lynda Stoddard
Jon Aarstad
Daman Hunter
Debbie Strand
Vicki Bates
Jennifer Clouser
Debbie Leighton
Curtis Leonard
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 possible and by public (no password) e-mail attachment or link if available or USB DRIVE or CD-ROM if not.
*******************************************************************************************************************************
Note, I requested the records to be provided electronically, in MICROSOFT .pst format which is the NATIVE format in which the District maintains these email files. This is important because the Public Records Act compels agencies whenever possible to provide electronic documents to requestors in their NATIVE format.
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 Auburn School District has employed this practice for over a decade now in its regular operations as you well know.
On a regular basis, during routine and normal business operations, the Auburn School District identifies thousands of emails and attachments in response to Public Records Requests, converts these emails from .pst formats to .pdf formats, redacts the emails and attachments, compiles the redacted files by the thousands and bundles them all into single .pdf documents. The District then sends those .pdf documents with multiple other files as bundled .zip file links, or individually as single .pdf files via the internet or by email to citizen records requestors.
You are well aware of this Mr. Aarstad because you do this in the regular daily course of public business. You just did this last month on 10-12-2020. On behalf of the District you produced (28,187) District emails in (14) .pdf files, via public internet link, all for no cost, and for no fees whatsoever, let alone for an outrageous demand of $8,887.31.
EVIDENCE:
**********************************************************************************************************************************
From: Auburn School District
10/12/2020
Subject: Re: Washington Public Records Act Request: Auburn School District – Police and Law Enforcement Investigations - 2010-2020
October 12, 2020
Dear ESSA Advocate,
This email is to provide you with the documents responsive to your public records request dated, January 23, 2020.
You requested the following documents:
I request an electronic copy of all RECORDS and WRITING (including emails, texts, telephone call logs, faxes, etc.) in the possession of Auburn School District regarding any police or law enforcement agency reports, complaints, or investigations for the years 2014 – 2020.
Below is a link to the response file:
https://drive.google.com/drive/folders/10RPymLHqpv0s87uTGwBe0YVfO5q-lEDD?usp=sharing
Attached is an exemption log for the response documents.
With this email, the district closes its response to your public records request dated, January 23, 2020.
If you have any questions or concerns, please contact me.
Sincerely,
Jon Aarstad
Director of Human Resources
253-931-4900
************************************************************************************************************************************
THE FILES CONTAINED IN YOUR 10-12-20 RESPONSE FILE (28,187 PAGES IN 14 .PDF FILES) ALL PRODUCED FOR NO FEE OR COST
Luke Emails_Part1_Redacted.pdf 271,636 KB (3200 PAGES)
Luke Emails_Part2_Redacted.pdf 253,746 KB (3200 PAGES)
Luke Emails_Part3_Redacted.pdf 213,300 KB (3200 PAGES)
Luke Emails_Part5_Redacted.pdf 202,838 KB (3200 PAGES)
JSMith 3_Redacted.pdf 198,945 KB (2373 PAGES)
JSmith 4 Emails_Redacted.pdf 196,144 KB (2426 PAGES)
JSmith 2 Emails_Redacted.pdf 194,006 KB (2574 PAGES)
JSmith 1 Emails_Redacted.pdf 169,351 KB (2356 PAGES)
Bush Emails_Redacted.pdf 136,102 KB (1252 PAGES)
Luke Emails_Part4_Redacted.pdf 116,213 KB (3200 PAGES)
Luke Emails_Part6_Redacted.pdf 46,680 KB (696 PAGES)
Bear Emails_Redacted.pdf 37,822 KB (407 PAGES)
Police_and_School_MOU.Atch.pdf 14,714 KB (75 PAGES)
SRO SeaTac Highline.pdf 667 KB (15 PAGES)
Auburn School District Resource Officer.pdf 275 KB (6 PAGES)
CityOfPuyallupResourceOfficersSep2006.pdf 6,606 KB (7 PAGES)
CALL1 JAMEY KIRKES 10 31 2014.wav 116 KB (Audio:1:12)
Kelli Hamilton 911 CALL 2 09 26 2014.mp3 2,213 KB (Audio:2:22)
Kelli Hamilton 911 CALL 1 09 26 2014.mp3 1,310 KB (Audio:2:24)
CALL3 BOB HAMILTON 10 31 2014.wav 860 KB (Audio:9:01)
CALL2 LURA WALLEN 10 31 2014.wav 257 KB (Audio:2:41)
CALL4 KELLI HAMILTON 10 31 2014.wav 432 KB (Audio:4:31)
Security Staffing Survey 09.10.2017.docx 90 KB (1 PAGE)
MOA School Resource Officers (5-1-18).docx 45 KB (8 PAGES)
Security staffing proposal 11.8.17.xlsx 15 KB (1 PAGE)
Security staffing proposal 4.11.17 (1).xlsx 15 KB (1 PAGE)
Security staffing proposal 4.11.17.xlsx 15 KB (1 PAGE)
SRO comparison 1.9.18.xlsx 14 KB (1 PAGE)
SRO comparison 12.15.17.xlsx 13 KB (1 PAGE)
4439 - 2015-2018 School Resource Officer(SRO) Cost Sharing Highline sd.pdf 967 KB (6 PAGES)
SUBTOTAL: 28,207 PAGES
30 FILES TOTAL
6 AUDIO FILES (22 min 20 seconds audio)
Mr. Aarstad, you produced all these public records for NO FEE and for NO COST.
In fact, in the entire HISTORY OF THE AUBURN SCHOOL DISTRICT, the District has NEVER charged for public records, because the District NEVER had any public policy in place to permit fees or costs for public records to be charged.
In order for the District to charge “actual costs” for public records according to RCW and WAC 44-14-070 the District would be required to provide public notice and hold a public hearing. The District has not done this. In order for the District to charge “statutory default costs” the District would be required to have a rule or regulation declaring the reasons that determining “actual costs” would be “unduly burdensome.” The District has not done this either.
The Auburn School District School Board is required to hold a public meeting and take a public vote adopting PUBLIC POLICY open to public review to adopt fees for public records requests. I am sure any such policy proposal would pass, should the school board choose to put a public records fee policy proposal to a vote via the public process.
In the meantime, in a spirit of good faith I am willing to meet you half way and accept the State of Washington statutory default costs you have outlined in your email of 10-15-2020, but only if properly calculated to multiple redacted email files economically bundled in the .pdf format to which you are well accustomed.
As another example: in response to a 01-15-2020 MUCKROCK.com public records request regarding Auburn School District use and distribution of a document titled FEDERAL SURVEY FedForm:092916 on 05-26-2020 you produced a single ADOBE ACROBAT .pdf document containing 9218 PAGES of email files AT NO COST:
**********************************************************************************************************************************
“Dear Public Citizen,
The purpose of this email is to notify you that an installment of the records you request on January 22, 2020 are available via the link bellow
Federal Survey Response Document 05262020https://drive.google.com/file/d/1ziynBSF0ogNXqYSsRt8hhHirE-CT02y2/view?usp=sharing”
Sincerely, Jon Aarstad
Director of Human Resources
253-931-4900”
https://cdn.muckrock.com/foia_files/2020/05/27/Federal20Survey20Response20Documents2005262020.pdf
Then again, on 06-22-2020 in the same PRR you produced a single ADOBE ACROBAT .pdf document containing 7621 PAGES of email files AT NO COST:
“Dear Public Citizen,
The purpose of the email is to provide you with the final installment of your public records request date January 22, 2020.
Below is a link to the remaining emails requested.
Final Installment Remaining Emails<https://drive.google.com/file/d/10AmgJBwlXD7_RFzTcpnmbPnFdSaDMbp0/view?usp=sharing>
Sincerely, Jon Aarstad
Director of Human Resources
253-931-4900”
https://cdn.muckrock.com/foia_files/2020/06/23/15-172019-2020emails_Redacted.pdf
***************************************************************************************************************************************
Mr. Aarstad, there are many more instances of both you and the District publicly producing thousands of emails bundled in to single .pdf files at no cost whatsoever to the public, however I believe these examples will serve as enough clear exhibits for now.
The District is clearly capable of producing email records electronically in .pdf format at a minimum of 1 page per .pdf file up to a demonstrated 3200 pages per .pdf file, 7600 pages per .pdf file, and even 9600+ pages per .pdf file. The maximum page volume per .pdf file the District is capable of economically producing is currently unknown, however for now it publicly stands at 9218 pages produced on 05-26-2020.
CORRECTED STATUTORY DEFAULT CALCULATIONS FOR THIS PUBLIC RECORDS REQUEST
The District has calculated this request will generate 710,985 electronic file attachments. Based on a cost statutory default cost of five cents per every 4 electronic files or attachments uploaded to email, cloud-based data storage service, or other means of electronic delivery, the estimated fees are (710,985 files / 9218 per .pdf = 78 .pdfs files * [.05] = $3.90) this equals $3.90 plus delivery charges depending the method of delivery which was clearly specified as cloud-based internet link.
The total statutory default costs calculated for this public records request including any shipping should shipping be required are easily less than $20.00.
Some important considerations. Each public employee email box would be searched individually by name. The most economical procedure to gather and properly redact and provide required explanations for any exemptions and redactions to responsive records would be to organize each named employee’s records in an electronic folder. This would assist in describing locations searched for responsive records and in providing required explanations for redactions in exemption logs. However, it will add to the statutory default fee calculation, but only by a few dollars at most.
STATUTORY DEFAULT CALCULATIONS BY EMPLOYEE FOLDER .PDF
Description # of Files Cost per 4 electronic files or attachments @ .05 per 4 electronic files:
Lynda Stoddard 53,573 (53,573 / 9218 = 5.8) rounding up equals 6 .pdf files
Jon Aarstad 63,654 (63,654 / 9218 = 6.9) rounding up equals 7 .pdf files
Daman Hunter 62,297 (62,297 / 9218 = 6.7) rounding up equals 7 .pdf files
Debbie Strand 44,382 (44,382 / 9218 = 4.8) rounding up equals 5 .pdf files
Vicki Bates 130,317 (130,317 / 9218 = 14.1) rounding up equals 15 .pdf files
Jennifer Clouser 321,709 (321,709 / 9218 = 34.9) rounding up equals 35 .pdf files
Debbie Leighton 29,799 (29,799 / 9218 = 3.2) rounding up equals 4 .pdf files
Curtis Leonard 5,254 (5,254 / 9218 = .56) rounding up equals 1 .pdf files
SUBTOTAL: 80 .pdf files
TOTAL: 80 .pdfs with a maximum of 9218 pages @ a cost of .05 x 80 = $4.00
Please bear in mind the original request included all “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 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).
Based on the COVID-19 pandemic and 90% of these public employees are performing public employment and public work functions from their home residences and other remote locations known and unknown.The District bears the burden of searching for and retaining requested electronic and physical communications and records stored on personal devices in the homes, cars, offices, schools, administration buildings, and internet accounts both public and private, of the identified public employees, as well as wherever else both physical and virtual responsive records may reasonably be calculated to be located.
To quote WAC 44-14-04003(10) Searching for records:
” If agency employees or officials are using home computers, personal devices, or personal accounts to conduct agency business, those devices and accounts also need to be searched by the employees or officials who are using them when those devices and accounts may have responsive records.”
Mr. Aarstad, it might be helpful for you to review WAC 44-14-04003(3) Provide "fullest assistance" and "most timely possible action.":
“The act requires agencies to adopt and enforce reasonable rules to provide for the "fullest assistance" to a requestor. RCW 42.56.100. The "fullest assistance" principle should guide agencies when processing requests. In general, an agency should devote sufficient staff time to processing records requests, consistent with the act's requirement that fulfilling requests should not be an "excessive interference" with the agency's "other essential functions." RCW 42.56.100. The agency should recognize that fulfilling public records requests is one of the agency's duties, along with its others.”
Mr. Aarstad, the internet defines bad faith as the following:
“Bad faith is not the same as prior judgment or Negligence. One can make an honest mistake about one's own rights and duties, but when the rights of someone else are intentionally or maliciously infringed upon, such conduct demonstrates bad faith.
A government official who selectively enforces a nondiscriminatory law against the members of a particular group or race, thereby violating the Civil Rights of those individuals, is acting in bad faith”
Mr. Aarstad, I don’t owe you or the district a dime for this public records request.
However, in the spirit of good faith I will send you four bucks.
Please calculate default statutory fees correctly as soon as possible and please tally all locations required to be searched.
Please provide a corrected fee estimate.
I request these records to be produced via internet link or CD-ROM as per the original PRR request.
I will send a certified check to:
AUBURN SCHOOL DISTRICT
915 4th Street
Auburn, Washington 98002
Thank you.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following Washington Public Records Act request, copied below, and originally submitted on July 21, 2020. You had previously indicated that it would be completed on Oct. 20, 2020. I wanted to check on the status of my request, and to see if there was a new estimated completion date.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following Washington Public Records Act request, copied below, and originally submitted on July 21, 2020. You had previously indicated that it would be completed on Oct. 20, 2020. I wanted to check on the status of my request, and to see if there was a new estimated completion date.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following Washington Public Records Act request, copied below, and originally submitted on July 21, 2020. You had previously indicated that it would be completed on Oct. 20, 2020. I wanted to check on the status of my request, and to see if there was a new estimated completion date.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following Washington Public Records Act request, copied below, and originally submitted on July 21, 2020. You had previously indicated that it would be completed on Oct. 20, 2020. I wanted to check on the status of my request, and to see if there was a new estimated completion date.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following Washington Public Records Act request, copied below, and originally submitted on July 21, 2020. You had previously indicated that it would be completed on Oct. 20, 2020. I wanted to check on the status of my request, and to see if there was a new estimated completion date.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following Washington Public Records Act request, copied below, and originally submitted on July 21, 2020. You had previously indicated that it would be completed on Oct. 20, 2020. I wanted to check on the status of my request, and to see if there was a new estimated completion date.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following Washington Public Records Act request, copied below, and originally submitted on July 21, 2020. You had previously indicated that it would be completed on Oct. 20, 2020. I wanted to check on the status of my request, and to see if there was a new estimated completion date.
Thanks for your help, and let me know if further clarification is needed.
From: Auburn School District
March 5, 2021
Dear Equal Rights,
Thank you for your continued patience while we reviewed your statement regarding the fee calculation for your public records request dated July 21, 2020.
After consulting with our attorneys, the district believes that there is merit to your assertion that the fees related to your public records request could be reduced by bundling multiple files into a single Adobe .pdf file.
The estimate for your request was not an “intentional miscalculation and gross inflation of fees”. The estimate was based on the total number of MICROSOFT .pst files that were produced from the search criteria.
The district agrees that an Adobe .pdf file can consist of multiple pages; however, until the MICROSOFT .pst file is converted to an Adobe .pdf file, we cannot determine the total number of pages that are contained in a single MICROSOFT .pst file. Each MICROSOFT .pst file may consist of multiple pages. The district based the estimate on the information that was available for your request. The total number of MICROSOFT .pst files.
Due to software and system limitations, Adobe .pdf files are more manageable as smaller files. Large .pdf files result in messages that the program is not responding, which increases the amount of time required to review and prepare the response documents. The MICROSOFT .pst also have to be separated into smaller file sizes so they are workable.
To reduce the cost of the fees, the district will convert the MICROSOFT .pst files to Adobe .pdf files and provide you with the total number of pages that are produced and a revised estimate for your request. A deposit of 10% may be required before the district begins reviewing and preparing the documents. Providing the records as installments will increase the number of files and the cost. Therefore, the district will prepare and hold all records until a final cost can be determined based on the fewest number of files. The district estimates that this will be a prolonged and time-consuming process. Once this process is completed, the district will contract you.
The district has a large number of pending requests that vary in scope and size which were made before your request. The district has devoted extra resources in an effort to fulfill these requests and has prioritized its responses in an effort to be efficient to all requestors.
In accordance with the Public Records Act, the district will provide the fullest assistance to your request for these records.
Sincerely,
Jon Aarstad
Director of Human Resources
253-931-4900
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following Washington Public Records Act request, copied below, and originally submitted on July 21, 2020. You had previously indicated that it would be completed on Oct. 20, 2020. I wanted to check on the status of my request, and to see if there was a new estimated completion date.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following Washington Public Records Act request, copied below, and originally submitted on July 21, 2020. You had previously indicated that it would be completed on Oct. 20, 2020. I wanted to check on the status of my request, and to see if there was a new estimated completion date.
Thanks for your help, and let me know if further clarification is needed.
From: Auburn School District
April 13, 2021
Please see below for emails sent on March 5, 2021 and March 24, 2021 with an update to the status of your request.
March 24, 2021
Dear PRA Watch,
Please see below for an email that was sent on March 5, 2021 with an update on the status of your request.
On March 5, 2021:
Subject: Re: Washington Public Records Act Request: Auburn School District Employee Communications and Writings – Principal Michael Weibel and Teacher Susan Wraspir
March 5, 2021
Dear PRA Watch,
Thank you for your continued patience while we reviewed your statement regarding the fee calculation for your public records request dated July 21, 2020.
The estimated fees were based on the total number of MICROSOFT .pst files that were produced from the search criteria. Until the MICROSOFT .pst file is converted to an Adobe .pdf file, we cannot determine the total number of pages that are contained in a single MICROSOFT .pst file. Each MICROSOFT .pst file may consist of multiple pages. The district based the estimate on the information that was available for your request. The total number of MICROSOFT .pst files.
Due to software and system limitations, Adobe .pdf files are more manageable as smaller files. Large .pdf files result in messages that the program is not responding, which increases the amount of time required to review and prepare the response documents. The MICROSOFT .pst files also have to be separated into smaller file sizes so they are workable.
To reduce the cost of the fees, the district will convert the MICROSOFT .pst files to Adobe .pdf files and provide you with the total number of pages that are produced and a revised estimate for your request. A deposit of 10% may be required before the district begins reviewing and preparing the documents. Once this process is completed, the district will contact you.
The district is experiencing a high volume of public records requests that vary in scope and size. The district has devoted extra resources in an effort to fulfill these requests and has prioritized its responses in an effort to be efficient to all requestors.
In accordance with the Public Records Act, the district will provide the fullest assistance to your request for these records.
The district will provide you with an update to your request within sixty (60) business days of the date of this email.
Sincerely,
Jon Aarstad
253-931-4900
-
~WRD0002
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following Washington Public Records Act request, copied below, and originally submitted on July 21, 2020. You had previously indicated that it would be completed on Oct. 20, 2020. I wanted to check on the status of my request, and to see if there was a new estimated completion date.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following Washington Public Records Act request, copied below, and originally submitted on July 21, 2020. You had previously indicated that it would be completed on Oct. 20, 2020. I wanted to check on the status of my request, and to see if there was a new estimated completion date.
Thanks for your help, and let me know if further clarification is needed.
From: Auburn School District
May 17, 2021
This email is in response to your request for an update on your request.
The district will provide with an update to your request on May 28, 2021.
Sincerely,
Daman Hunter, Assistant Superintendent
Human Resources
dhunter@auburn.wednet.edu<mailto:dhunter@auburn.wednet.edu>
[Auburn School District]
From: Auburn School District
May 27, 2021
This email is to provide you with an update on your public records requested dated, July 21, 2020.
The district is experiencing a high volume of public records requests that vary in scope and size. The district has devoted extra resources in an effort to fulfill these requests and has prioritized its responses in an effort to be efficient to all requestors.
In accordance with the Public Records Act, the district will provide the fullest assistance to your request for these records.
The district will provide you with an update to your request on or before August 19, 2021.
Sincerely,
Daman Hunter, Assistant Superintendent
Human Resources
dhunter@auburn.wednet.edu<mailto:dhunter@auburn.wednet.edu>
[Auburn School District]
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following Washington Public Records Act request, copied below, and originally submitted on July 21, 2020. You had previously indicated that it would be completed on Oct. 20, 2020. I wanted to check on the status of my request, and to see if there was a new estimated completion date.
Thanks for your help, and let me know if further clarification is needed.
From: Auburn School District
June 14, 2021
This email is in response to your email dated June 11, 2021.
The district will provide you with an update to your request on or before August 19, 2021.
Sincerely,
Daman Hunter, Assistant Superintendent
Human Resources
dhunter@auburn.wednet.edu<mailto:dhunter@auburn.wednet.edu>
-
~WRD0004
From: Auburn School District
August 19, 2021
Good morning,
This email is to provide you with an update to your original request dated July 21, 2020.
On July 21, 2020, you submitted a public records request asking for:
COMMUNICATIONS AND WRITINGS - ALL ELECTRONIC MAIL (E-MAIL), ELECTRONIC TEXTS, TELEPHONE COMMUNICATIONS, TELEPHONE MESSAGES, AND TELEPHONE LOGS of the following individuals for the period of time between January 1, 2018 - July, 21 2020 or the date this Public Records Request is completed whichever is more current:
Lynda Stoddard
Jon Aarstad
Daman Hunter
Debbie Strand
Vicki Bates
Jennifer Clouser
Debbie Leighton
Curtis Leonard
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.
We have provided a quote, which you disputed based on file size to calculate fees.
* Due to the size of this request, we will have to provide you this information in multiple installments.
* Since the state does not provide specifics on file size, we would need to charge you based on the file size for a reasonable production schedule that would allow for timely installments. I am seeking clarification on this from the Secretary of State.
To move forward, and provide you with a timely installment, we are seeking clarification.
* Under communications, you requested all text messages on personal devices used to conduct business. Are you requesting text messages between the employees listed for that time frame, or all text messages that were used to discuss agency business?
* With respect to writings, are you requesting all written communications from each employee listed above for that time frame, or only written communications between the employees listed above?
The district is experiencing a high volume of public records requests that vary in scope and size. The district has devoted extra resources in an effort to fulfill these requests and has prioritized its responses in an effort to be efficient to all requestors.
In accordance with the Public Records Act, the district will provide the fullest assistance to your request for these records.
Please reply to this email by September 2, 2021, to clarify the records that you are seeking. The district cannot move forward with your request until we hear back from you.
If you have questions or concerns, feel free to call me at (253) 931-4900.
Sincerely,
Lisa Connors
Public Records Officer
253-931-4900
[cid:image001.jpg@01D794EC.92A7EB70]
From: Auburn School District
Good afternoon,
September 2, 2021
Please see the email below dated August 19, 2021, where we requested clarification on your public records request.
COMMUNICATIONS AND WRITINGS - ALL ELECTRONIC MAIL (E-MAIL), ELECTRONIC TEXTS, TELEPHONE COMMUNICATIONS, TELEPHONE MESSAGES, AND TELEPHONE LOGS of the following individuals for the period of time between January 1, 2018 - July, 21 2020 or the date this Public Records Request is completed whichever is more current:
Lynda Stoddard
Jon Aarstad
Daman Hunter
Debbie Strand
Vicki Bates
Jennifer Clouser
Debbie Leighton
Curtis Leonard
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.
We requested a clarification response by today, September 2, 2021. We have not received a response from you.
*Please respond to this email with clarification within thirty (30) days. If we do not hear from you on or before October 13, 2021, the District will close this request.
Sincerely,
Lisa Connors
Public Records Officer
253-931-4900
[cid:image001.jpg@01D7A016.44F06990]
From: Auburn School District
Good afternoon,
October 13, 2021
This email addresses your July 21, 2020, public records request.
COMMUNICATIONS AND WRITINGS - ALL ELECTRONIC MAIL (E-MAIL), ELECTRONIC TEXTS, TELEPHONE COMMUNICATIONS, TELEPHONE MESSAGES, AND TELEPHONE LOGS of the following individuals for the period of time between January 1, 2018 - July, 21 2020 or the date this Public Records Request is completed whichever is more current:
Lynda Stoddard
Jon Aarstad
Daman Hunter
Debbie Strand
Vicki Bates
Jennifer Clouser
Debbie Leighton
Curtis Leonard
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.
On August 19, 2021, I emailed you regarding clarification on your original request, asking you to reply within two (2) weeks.
On September 2, 2021, I emailed you again regarding the clarification on your original request, asking you to reply within thirty (30) days.
We have requested a clarification response by today, October 13, 2021. We have not received a response from you. Therefore, we assume you no longer want the requested records.
With this email, the district considers your request abandoned and this request is now closed.
Please let me know if you have additional questions.
Sincerely,
Lisa Connors
Public Records Officer
253-931-4900
[cid:image001.jpg@01D7C045.18E360B0]
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