Auburn School District – Training – Public Records Act 2010-2020 (Auburn School District)

To Whom It May Concern:

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

1. I request an electronic copy of all Public Records Act Training materials and Public Records Act Training courses completed by any employee of the Auburn School District for the years 2015-2020.

2. I request an electronic copy of all Public Records Act Training certificates of completion of Public Records Act Training by any employee of the Auburn School District for the years 2015-2020.

3. I request an electronic copy of any records and writing including email communications regarding Public Records Act Training of any employee of the Auburn School District for the years 2015-2020.

FOR REFERENCE:

Revised Code of Washington - RCW 42.56.152
Training—Public records officers.
(1) Public records officers designated under RCW 42.56.580 and records officers designated under RCW 40.14.040 must complete a training course regarding the provisions of this chapter, and also chapter 40.14 RCW for records retention.
(2) Public records officers must:
(a) Complete training no later than ninety days after assuming responsibilities as a public records officer or records manager; and
(b) Complete refresher training at intervals of no more than four years as long as they maintain the designation.
(3) Training must be consistent with the attorney general's model rules for compliance with the public records act.
(4) Training may be completed remotely with technology including but not limited to internet-based training.
(5) Training must address particular issues related to the retention, production, and disclosure of electronic documents, including updating and improving technology information services.

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, by e-mail attachment if available 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 Washington

Good Morning,

Thank you - Auburn School District’s receipt of public records request dated January 27, 2020 is acknowledged.

From: Auburn School District 01/27/2020 Subject: None
I am handling this request and looking to clarify this request. Is there a name of an individual that I may speak to regarding this request?

You may "handle" or "clarify" this Washington Public Records Act request in writing. Thank you.

Most appreciated.

Mr. Arstad,

Thank you for responding to my request regarding Auburn School District’s compliance with Washington State Law and the Public Records Act (RCW 42.56).

Mr. Arstad, to summarize your responses to my requests # 1-3:

In request #2 of 3 you state no records exist of *any* Auburn School District employee including appointed Auburn School District public disclosure officers ever completing any public records act training for the years 2015-2020.

This doesn’t seem possible given that Washington State Law mandates Public Records Act Training for all appointed public disclosure officers in the State of Washington, effective July 1, 2014:

“Effective July 1, 2014, the Open Government Training Act (ESB 5964) requires many public officials, all appointed public disclosure officers (RCW 42.56. 080) and state agency appointed records officers (RCW 40.14. 040) to receive public records training.”

Assuming you conducted a reasonable search for responsive records as required by law, a reasonable person could only conclude that if no records exist of any appointed Auburn School District Public Disclosure Officer ever receiving or completing any public records act training, then Auburn School District has been in willful violation of Washington State Law for the past five years - if not longer.

In your response to request #3 – requested production of electronic copies of any records and writing including email communications regarding Public Records Act Training of any employee of the Auburn School District for the years 2015-2020, you produced 89 pages of emails of which only 1 page was responsive to the request.

Of the 89 pages produced 88 pages appear to be “spam quarantine Reports” or Joint Legislative Audit & Review Committee minutes in which the public records act is listed as an agenda item.

The one (1) responsive email page you produced appears to be a request by you to the Washington State Attorney General’s Office dated January 24, 2019 requesting online Public Records act training.

Auburn School District’s only request for online Public Records Act Training in the past five (5) years 2015-2020 appears to have been made one year ago in January 2019 – but no records exist of any training having ever taken place. (ATTACHED)

Your response to request # 1 - electronic copies of all Public Records Act Training materials and Public Records Act Training courses completed by any employee of the Auburn School District for the years 2015-2020, you produced what appears to be 190 pages of handouts provided to individuals unknown at a public records disclosure workshop in May 2019 and another in April – May 2018.

You then closed this Public Records request, and by doing so certify that all responsive records requested have now been produced. No redaction, no exemption logs, no pages withheld.

Please feel free to correct the record if any aspect of this summary of facts is in error.

Hello Mr. Aarstad,

Thank you for your message. I have some requests and questions:

In your response you sate:

“To clarify request #2, we had three current employees attend the training in May, 2019.”

In Part 3 of my original Public Records Request (1-27-2020):

“3. I request an electronic copy of any records and writing including email communications regarding Public Records Act Training of any employee of the Auburn School District for the years 2015-2020.”

Questions/Request:

What three employees are your referring to?

Was a search for responsive records and writing done for each of these three employees District email accounts?

Did you inquire of each of these three employees if they possessed or knew of the location of records responsive to my requests?

No communications, notes, documents, paperwork, emails are in the District’s care, control, or custody regarding these employees attending Public Records act training in May 2019?

How did the three employees travel to and from the Training? How did they communicate to their superiors or subordinates they would be away from their primary duties to attend Public Records Act training in May 2019? The District has no record accounting for the workday time spent by these three employees to attend Training?

The District has no records of this training ever being scheduled or attended or completed?

How were these three employees registered to attend this training?

You state:

“This training was conducted by the law firm Porter Foster and Rorick.”

Questions/Request:

How did the District pay for this training? How did the district become aware of the training being offered? If no paper or electronic records exist regarding the Porter Foster and Rorick training and all scheduling, payment, etc. we done via telephone why are the District telephone logs to Porter Foster and Rorick not produced? These logs would be responsive records requested in Part of my original Public Records Request (1-27-2020).

“ I also completed some online trainings in January, 2019.”

How did you schedule and register for this online training? No records other than the initial email requesting this training are in the possession of the District?

You state:

“Our past Records Officer is no longer an employee, and we do not have access to her personal files.”

Questions/Request:

I do not understand what you mean in this statement. Why would a former employee retain the only copy of District records that belong to the District and therefore the public?
What is the Districts document retention policy? Who is the past Public records officer and when did he/she leave employment with the District? Where are the past Public Records Officer’s documents and writing regarding public records act training in the Auburn School District 2015-2020?

You state:

“I do have the invoice of payment of proof for the training for three current employees to attend the training in May 2019, would this suffice your request?”

Response:
An invoice of payment for three employees to attend public records training in May 2019 is a public record responsive to my original request and was REQUIRED to be produced under the law prior to the premature unilateral closure of my original request.

Please provide the training invoice as well as any other records and writing responsive to my Public Records Requests # 1-3 (1-27-2020) that are being silently withheld by the District.

Please contact me if you have questions.

Thank you.