Auburn School District Employee Communications and Writings – Principal Michael Weibel and Teacher Susan Wraspir

PRA WATCH filed this request with the Auburn School District of Auburn, WA.
Status
Rejected

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 of the following individuals 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):

Michael Weibel
Susan Wraspir

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 of the following individuals 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):

Michael Weibel
Susan Wraspir

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: Auburn School District

Public Records Fee Notification

September 17, 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 of the following individuals 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):

Michael Weibel
Susan Wraspir
The district calculates that your request consists of 97,911 email files. Based on the fee of $.05 per each four electronic files or attachments uploaded to email, cloud-based data storage service, or other means of electronic delivery, the fees are $1,223.89, plus the cost of a media device, and the cost to mail, if your prefer the files be mailed to you.

Michael Weibel has 76,541 total email files.
Susan Wrapir has 21,370 total email files.

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.

Once the fee of $1,223.89 is received, the district will begin processing this request.

If the district does not receive a reply from you within thirty (30) calendar days from September 17,2020, the district will close your request.

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

From: Auburn School District

October 12, 2020

Dear PRA Watch,

This email is to follow up to on the notice of estimated fees sent to you on September 17, 2020.

We notified you that the estimated fees associated with your request totals $1,223.89, plus the cost of a media device, and the cost to mail, if you prefer the files be mailed to you. The fees were based on the total email files listed below.

Michael Weibel has 76,541 total email files.

Susan Wrapir has 21,370 total email files.

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.

Once the fee of $1,223.89 is received, the district will begin processing this request.

If we do not hear back from you by, October 17, 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.

However, with all due respect I do not believe you are applying RCW 42.56.120 - Charges for copying appropriately.

You have previously confirmed the District utilizes Microsoft Outlook and Microsoft Exchange products for email in its daily operations. Emails are not stored as individual files but rather as .pst files (Personal Storage Table) or (1) single .pst file per user account.

The native .pst file format is what was originally requested and this native .pst file format is what the District is required to provide the requestor under the Public Records Act.

RCW 42.56.120(2)(b)(iv) provides, in part, that:

The agency shall take reasonable steps to provide the records in the most efficient manner available to the agency in its normal operations;

This fee you have quoted of $1,223.89 in your calculations - for what amounts to a few GB of data that can easily be stored on a .50 cent CD-ROM is ridiculous and is not in compliance with the public records act.

You previously stated:

“The district calculates that your request consists of 97,911 email files. Based on the fee of $.05 per each four electronic files or attachments uploaded to email, cloud-based data storage service, or other means of electronic delivery, the fees are $1,223.89, plus the cost of a media device, and the cost to mail, if you prefer the files be mailed to you.”

Mr. Aarstad are you stating the District intends to provide 97,911 Microsoft .pst (Personal Storage Table) files on CD-ROM for a fee of $1,223.89? If so, this would be inefficient and not what was requested.

Please recalculate these fees in the most efficient manner possible pursuant to RCW 42.56.120(2)(b)(iv) in either a single .pst per account format via CD-ROM delivery or if you prefer another format such as .pdf which as you know is also an efficient format capable of storing hundreds of thousands of emails PER FILE (or single email account per .pdf) also a file format regularly used by the District in its normal daily operations.

Please provide this efficient fee calculation in strict accordance with the provisions of RCW 42.56 (public records act) as soon as possible for either CD-ROM or cloud based electronic records production.

Payment for reasonable fees wall then promptly be remitted to the District offices via certified US Mail.

Thank you.

From: PRA WATCH


Hello Mr. Aarstad,

I have received no response to my email inquiries of 10/16/2020, 10/19/2020, or 11/03/2020 regarding PRA:

Subject: RE: Washington Public Records Act Request: Auburn School District Employee Communications and Writings – Principal Michael Weibel and Teacher Susan Wraspir.

Please provide the public records requested as soon as possible.

Thank you.

From: Auburn School District

Dear 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 calculates that your request consists of 97,911 email files. Based on the fee of $.05 per each four electronic files or attachments uploaded to email, cloud-based data storage service, or other means of electronic delivery, the fees are $1,223.89, plus the cost of a media device, and the cost to mail, if you prefer the files be mailed to you.

A deposit payment of $122.39, ten percent (10%), is required before the district will move forward with your request. 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.

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

Mr. Aarstad,

You stated:

“The district's process to redact the files is to convert them to a .pfd format.”

I think you meant ADOBE .pdf format not .pfd 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.

As you know the ADOBE .pdf format can hold thousands of files and attachments.

On 09-22-2020 you sent the following two .pdf files containing (12,003 pages) and (18,331 pages) respectively, of email files for FREE at no cost via INTERNET LINK in response to this public records request on MUCKROCK.com:

https://www.muckrock.com/foi/auburn-8285/request-for-copy-of-all-public-records-requests-received-by-the-auburn-school-district-and-a-complete-copy-of-district-responses-for-years-2010-2019-81880/

https://drive.google.com/file/d/1fTTAEZFK4j6TdkGPWX0yZbNtI4bIl511/view?usp=sharing

.pdf (12,003 pages)

https://drive.google.com/file/d/1fRJRWVauVWzY9DuchrZ5aArUXIjo68Xh/view?usp=sharing

.pdf (18,331 pages)

YOUR FEE CALCULATIONS ARE INCORRECT BASED ON ONE EMAIL PER .PDF FILE – EMAILS CAN STORE 10,000 – 100,000 EMAILS PER .PDF FILE – PLEASE RECALCULATE YOUR FEES IMMEDIATEDLY

Based on a fee of $.05 per each four electronic files or attachments uploaded to email, cloud-based data storage service, or other means of electronic delivery, the fees correctly calculated are (97,911 divided / by 18,331 (per .pdf) = equals 5.3 .pdfs (or rounding up to a whole number) 6 .pdf files times x .05 = .30 cents) plus the cost of a media device, in addition to the cost to mail, if you prefer to send the files via cd rom.

I can provide a deposit of .03 cents if necessary, however I would prefer to send the .30 cents immediately and have the files delivered via internet link ASAP.
With all due respect, it certainly does appear that the District is attempting to artificially inflate the cost of producing simple public records in a misguided attempt to discourage public records requests.

I respectfully request you recalculate your fee request in accordance with the public records act and process this request with all due haste.
I am prepared to send payment based on .05 cents x 4 .pdf files containing email records of 5000-15000 pages per .pdf and delivered by internet link or email.

Certified payment will be sent to:

AUBURN SCHOOL DISTRICT
915 4th Street
Auburn, Washington 98002

Please reply as soon as possible.

Thank you.

WAC 44-14-05001 Access to electronic records.

The Public Records Act does not distinguish between access to paper and electronic records. Instead, the act explicitly includes electronic records within its coverage. The definition of "public record" includes a "writing," which in turn includes "existing data compilations from which information may be obtained or translated." RCW 42.56.010(4)1. Many agency records are now in an electronic format. Many of these electronic formats such as Windows® products are generally available and are designed to operate with other computers to quickly and efficiently locate and transfer information. Providing electronic records can be cheaper and easier for an agency than paper records. Furthermore, RCW 43.105.351 provides: "It is the intent of the legislature to encourage state and local governments to develop, store, and manage their public records and information in electronic formats to meet their missions and objectives. Further, it is the intent of the legislature for state and local governments to set priorities for making public records widely available electronically to the public." In general, an agency should provide electronic records in an electronic format if requested in that format, if it is reasonable and feasible to do so.2 While not required, an agency may translate a record into an alternative electronic format at the request of the requestor if it is reasonable and feasible to do so, and that action does not create a new public record for the purposes of the act. RCW 42.56.120(1). For example, an agency may scan a paper record to make an electronic copy, and that action does not create a new public record. Id. An agency can provide links to specific records on the agency's public internet web site. RCW 42.56.520. An agency shall not impose copy charges for access to or downloading records that the agency routinely posts on its internet web site prior to the receipt of a request unless the requestor has specifically requested that the agency provide copies of such records by other means. RCW 42.56.120 (2)(e). Reasonableness and technical feasibility are the touchstones for providing electronic records. An agency should provide reasonably locatable electronic public records in either their original generally commercially available format (such as an Acrobat PDF® file) or, if the records are not in a generally commercially available format, the agency should provide them in a reasonably translatable electronic format if possible. In the rare cases when the requested electronic records are not reasonably locatable, or are not in a generally commercially available format or are not reasonably translatable into one, the agency might consider customized access. Delivering electronic records can be accomplished in several ways or a combination of ways. For example, an agency may post records on the agency's internet web site and provide the requestor links to specific documents; make a computer terminal available at the agency so a requestor can inspect electronic records and designate specific ones for copying; send records by email; copy records onto a CD, DVD or thumb drive and mail it to the requestor or make it available for pickup; upload records to a cloud-based server, including to a file transfer protocol (FTP) site and send the requestor a link to the site; provide records through an agency portal; or, through other means. Practices may vary among agencies in how they deliver records in an electronic format; the act does not mandate only one method and the courts have said agencies have some discretion in establishing their reasonable procedures under the act.3 Finally, other delivery issues may be relevant to a particular agency or request. For example, there may be limits with the agency's email system or the requestor's email account with respect to the volume, size or types of emails and attachments that can be sent or received. What is reasonable and technically feasible for copying and delivery of electronic records in one situation or for one agency may not be in another. Not all agencies, especially smaller units of local government, have the electronic resources of larger agencies and some of the generalizations in these model rules may not apply every time. If an agency initially believes it cannot provide electronic records in an electronic format, it should confer with the requestor and the two parties should attempt to cooperatively resolve any technical difficulties. See WAC 44-14-05003. It is usually a purely technical question whether an agency can provide electronic records in a particular format in a specific case. An agency is not required to buy new software, hardware or licenses to process a request for production or delivery of public records. However, an agency lacking resources to provide, redact or deliver more records electronically may want to consider seeking funding or other arrangements in an effort to obtain such technologies.

From: PRA WATCH

Date: December 14, 2020

To: Public Records Officer, Auburn School District

Re: Subject: Washington Public Records Act Request: Auburn School District Employee Communications and Writings – Principal Michael Weibel and Teacher Susan Wraspir (July 21, 2020

On November 16, 2020 I sent both you and the District an email requesting calculation of any fees associated for the production of electronic documents produced in ADOBE ACROBAT .PDF format in accordance with WAC 44-14-05001 Access to electronic records, WAC 44-14-05003, RCW 43.105.351, RCW 42.56.120(1) and RCW 42.56.120 (2)(e).

I received no response from you or the District to my November 16, 2020 email.

On December 1, 2020 I sent you and the District an email inquiring about the status and completion date of this public records request.

I received no response from you or the District to my December 1, 2020 email.

Today is December 14, 2020.

The date of this original public records request is July 21, 2020.

To date, no records have been produced by the District.

Please respond to this email message as soon as possible with a first installment of responsive records in ADOBE ACROBAT .PDF format accompanied by a complete and detailed privilege/ exemption log if any records are redacted or withheld.

Thank you.

From: Auburn School District

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

From: Auburn School District

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

From: Auburn School District

May 24, 2021

Dear PRA Watch,

Thank you for your patience while we continue to gather and prepare response documents for your public records request 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 16, 2021.

Sincerely,

Daman Hunter, Assistant Superintendent

Human Resources
dhunter@auburn.wednet.edu<mailto:dhunter@auburn.wednet.edu>

[Auburn School District]

From: Auburn School District

June 8, 2021

This email is in response to your email dated June 8, 2021.

On May 24, 2020, the district provided an update to your request stating that you can expect an update to your request on or before August 16, 2021.

Sincerely,

Daman Hunter, Assistant Superintendent

From: Auburn School District

June 23, 2021

PRA Watch,

Per your request to minimize the fees associated with your request, the district is in the process of converting the MICROSOFT .pst files to Adobe .pdf files to provide you with the total number of pages that are produced and will provide a revised fee 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 on or before August 16, 2021.

Sincerely,

Daman Hunter, Assistant Superintendent
---

From: Auburn School District

August 16, 2021

Good afternoon,

This email is in response to your 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 until such time as this request has been completed (whichever date is more current):
Michael Weibel
Susan Wraspir

Per review of the files requested and the fee schedule, the revised cost for these documents will be a flat fee of two dollars ($2.00) per RCW 42.56.120(d).

Please confirm that you would like the district to move forward with this records request.

If the district does not receive a reply from you by September 13, 2021, the district will close your request.

Sincerely,

Lisa Connors
Public Records Officer
253-931-4900

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From: Auburn School District

Good afternoon,

This email is in response to your request from July 21, 2020.
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 until such time as this request has been completed (whichever date is more current):
Michael Weibel
Susan Wraspir

We had reviewed your file and on August 16, 2021, provided you with a flat fee for this request. We requested to hear from you by September 13, 2021, with either a response, a down payment of the fees, or payment, to move forward. We have not heard back from you and that date has passed.

With this letter, the District closes its response to your July 21, 2020, public records request.

If you have questions or concerns, please feel free to contact me.

Sincerely,

Lisa Connors
Public Records Officer
253-931-4900

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