Free Speech Complaints (BSD)
| Submitted | June 13, 2019 |
| Est. Completion | May 12, 2020 |
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Communications
From: twitter.com/journo_anon Public Records Requester
RE: Free Speech Complaints ( Bellevue School District )
To Whom It May Concern:
** NOTE: This is a public mailbox. Every response you send or provide (including all responsive records) may be automatically and immediately visible to the public on the MuckRock.com web service used to issue this request. Please be certain you have properly redacted all responses. **
Pursuant to the Washington Public Records Act, I hereby request the following records:
1. All correspondence [Jan 1 2015 to date of receipt of request] from members of the public (i.e. non-agency persons/emails) to agency employees OR board/council members containing any of these phrases: "first amendment" "1st amendment" "free speech" "freedom of speech" "freedom of expression" "freedom of religion" "freedom of assembly"
2. Every formal claim or complaint [Jan 1 2015 to date of receipt of request] made against agency or its employees containing any of the phrases: "first amendment" "1st amendment" "free speech" "freedom of speech" "freedom of expression" "freedom of religion" "freedom of assembly" - and all other records in the file associated with such complaint.
3. Every agency board/committee agenda/minutes document [Jan 1 *2015* to date of receipt of request] containing any of the phrases: "first amendment" "1st amendment" "free speech" "freedom of speech" "freedom of expression" "freedom of religion" "freedom of assembly" - and all other records in the file associated with such meeting.
Please provide all records in electronic format (PDF is fine).
Please provide only those records available without fees. All responses can be provided electronically by email attachment or direct upload to MuckRock.com (see link in footer).
Please provide all records in rolling fashion. Prioritize request #2 if possible.
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,
Anonymous Person
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 June 13, 2019. 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: Bellevue School District
Dear Requestor:
You will have the Bellevue School District's 5-day response before the end of the business day, 4:30 PM, Pacific Time.
Best regards,
Helen A. Boyer
Public Records Officer
Bellevue School District No. 405
425-456-4101
publicrecords@bsd405.org<mailto:publicrecords@bsd405.org>
From: Bellevue School District
06132019-Anon
Dear Requestor:
On behalf of the Bellevue School District, I acknowledge receipt of your request under the Public Records Act, Chapter 42.56 RCW. I understand your request to be:
1. All correspondence [Jan 1 2015 to date of receipt of request] from members of the public (i.e. non-agency persons/emails) to agency employees OR board/council members containing any of these phrases: "first amendment" "1st amendment" "free speech" "freedom of speech" "freedom of expression" "freedom of religion" "freedom of assembly"
2. Every formal claim or complaint [Jan 1 2015 to date of receipt of request] made against agency or its employees containing any of the phrases: "first amendment" "1st amendment" "free speech" "freedom of speech" "freedom of expression" "freedom of religion" "freedom of assembly" - and all other records in the file associated with such complaint.
3. Every agency board/committee agenda/minutes document [Jan 1 *2015* to date of receipt of request] containing any of the phrases: "first amendment" "1st amendment" "free speech" "freedom of speech" "freedom of expression" "freedom of religion" "freedom of assembly" - and all other records in the file associated with such meeting.
I understand you have requested that item 2 be prioritized if possible.
Your request will be completed in installments. I estimate a first installment on or before July 31, 2019. If possible in the context of working most efficiently to provide you first with records that are most readily available, item 2 will be prioritized.
Clarifications may arise in the process of assembling responsive records. Please respond promptly to any request for clarification.
Please advise at any time if you have any questions or concerns.
Best regards,
Helen A. Boyer
Public Records Officer
Bellevue School District No. 405
425-456-4101
publicrecords@bsd405.org<mailto:publicrecords@bsd405.org>
From: twitter.com/journo_anon Public Records Requester
RE: 06132019-Anon
Under 42.56.120(2)(f), please be sure to provide us a summary of charges that would be due, *before* actually performing any copies/services that are chargeable.
MuckRock will send you reminders automatically to avoid a constructive withdrawal of our request, but you need not respond to them until after July 31 or something else changes.
** NOTE: This is a public mailbox. Every response you send or provide (including all responsive records) may be automatically and immediately visible to the public on the MuckRock.com web service used to issue this request. Please be certain you have properly redacted all responses. **
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 June 13, 2019. You had previously indicated that it would be completed on July 31, 2019. 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: Bellevue School District
Dear Requestor:
Thank you for the reminders. On behalf of the District, I would respectfully note that on June 20, 2019, I estimated 7.31.19 as the date of a first response, not completion of the request.
I have completed searches related to your requested priority item, no. 2:
2. Every formal claim or complaint [Jan 1 2015 to date of receipt of request] made against agency or its employees containing any of the phrases: "first amendment" "1st amendment" "free speech" "freedom of speech" "freedom of expression" "freedom of religion" "freedom of assembly" - and all other records in the file associated with such complaint.
The District has records responsive to item 2.
I estimate the District will be able to complete a next installment on or before August 16, 2019.
Please advise if you have any questions or concerns.
Best regards,
Helen A. Boyer
Public Records Officer
Bellevue School District No. 405
425-456-4101
publicrecords@bsd405.org<mailto:publicrecords@bsd405.org>
From: Bellevue School District
Excuse me, I deleted the word "no" in the corrected, and highlighted, sentence below.
Helen Boyer
From: Bellevue School District
PRR 06132019-Anon
Dear Requestor:
On behalf of the Bellevue School District, I am responding to your request item 3:
3. Every agency board/committee agenda/minutes document [Jan 1 *2015* to date of receipt of request] containing any of the phrases: "first amendment" "1st amendment" "free speech" "freedom of speech" "freedom of expression" "freedom of religion" "freedom of assembly" - and all other records in the file associated with such meeting.
Appended hereto are official records of the District's School Board. These are also posted on the District's website and may be searched as follows:
From the main page, select About/Governance/School Board: https://bsd405.org/about/school-board/
Then select "Go to BoardDocs." In the BoardDocs site, select "Meetings" from the ribbon at top right. Then on the left, enter the term or phrase to be searched at "Search meetings."
The following are School Board records responsive to your request:
"first amendment"
Attached are records from 4.12.16 Board meeting (note pp 1, 2, 9, and 10 of 13, and associated records).
"free speech"
Attached are records from 03.06.18 Board meeting (note item 7.1 and associated records).
"freedom of speech"
Attached are records from 03.05.19 Board meeting (item 6.1, note pp 2, 34, 36 of Report and associated records).
"freedom of expression"
See attached records from 03.05.19 Board meeting.
Also see attached records from the 12.04.18 meeting (item 6.3, p. 7)
"freedom of assembly"
See attached records from 03.05.19 Board meeting.
No responsive records were found for the phrases "1st amendment" or "freedom of religion."
The following attached records are associated with, and/or are mentioned in, records retrieved from the Board meetings above:
Policies 2340, 3220, 3223, and 4060.
If you wish to further review the District's policies and procedures, they can be searched at this link:
https://bsd405.org/about/policies-procedures/
I estimate the District will be able to complete a next installment in response to your request on or before September 27, 2019.
Please advise if you have any questions or concerns.
Best regards,
Helen A. Boyer
Public Records Officer
Bellevue School District No. 405
425-456-4101
publicrecords@bsd405.org<mailto:publicrecords@bsd405.org>
From: Bellevue School District
PRR 06132019-Anon
Dear Requestor:
Due to an extraordinarily high workload, the District must extend its estimated date of a next installment to you to October 15, 2019.
Please advise if you have any questions or concerns.
Best regards,
Helen A. Boyer
Public Records Officer
Bellevue School District No. 405
425-456-4101
publicrecords@bsd405.org<mailto:publicrecords@bsd405.org>
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 June 13, 2019. You previously indicated that it would be completed on Oct. 15, 2019. I wanted to let you know that I am still interested in the following documents, and to see if that date was still accurate.
Thanks for your help, and let me know if further clarification is needed.
From: Bellevue School District
PRR 06132019-Anon
Dear Requestor:
The October 15, 2019 date is the estimated date of a next installment, which may or may not complete the request.
I have not yet completed an evaluation as to whether the request will be completed on that date.
Best regards,
Helen A. Boyer
Public Records Officer
Bellevue School District No. 405
425-456-4101
publicrecords@bsd405.org<mailto:publicrecords@bsd405.org>
From: twitter.com/journo_anon Public Records Requester
Understood - this is a templated auto-reminder and that is how it gets worded.
Feel free to ignore the words of the reminder as long as you meet your own rolling deadlines specified in your letters.
--Anonymous
From: Bellevue School District
PRR 06132019-Anon
Dear Requestor:
On behalf of the Bellevue School District, I am making an installment of records responsive to your request item 1, as follows:
1. All correspondence [Jan 1 2015 to date of receipt of request] from members of the public (i.e. non-agency persons/emails) to agency employees OR board/council members containing any of these phrases: "first amendment" "1st amendment" "free speech" "freedom of speech" "freedom of expression" "freedom of religion" "freedom of assembly"
The District has completed searches. This was a challenging item to search. For example, when the phrase "first amendment" was searched in the stated time frame, it yielded 35,081 hits from a database of archived emails. A preliminary review indicated most of them pertained to social studies curriculum or assignments. It is not possible to search correspondence to any "agency employee" for a similar reason: results from social studies teachers and curriculum specialists would be included. The search performed was for messages to or copied to the School Board. After removing correspondence from agency persons and professional organizations supporting agencies as requested, I am producing on behalf of the District the following records, representing email correspondence from members of the public to or copied to the School Board in the identified time frame containing the following phrases:
"first amendment"
Emails 02 16 2015 through 10 11 2016, first amendment, 58 p (attached)
"free speech"
Email 02 01 2017, free speech, 5 p (attached)
Redactions were made to these records consistent with exemptions allowed under the Public Records Act, Chapter 42.56 RCW. Redactions made by the District are indicated by blocked out text with an overlying code. I have also attached a redaction code chart that explains how the exemptions applied to the redacted records. If redactions do not have an overlying code, the records existed in that form when they were sent to the District.
The District is continuing to analyze and process additional search results related to the above two phrases and to the following phrases: freedom of speech, freedom of expression, freedom of religion, freedom of assembly. For the phrase "1st amendment", there are no responsive records.
I estimate the District's next installment regarding your request will be on November 6, 2019.
Please advise if you have any questions or concerns.
Best regards,
Helen A. Boyer
Public Records Officer
Bellevue School District No. 405
425-456-4101
publicrecords@bsd405.org<mailto:publicrecords@bsd405.org>
From: Bellevue School District
PRR 06132019-Anon
Dear Requestor:
Due to an unexpectedly high workload, the District must extend its estimated date for your next installment to November 8, 2019.
The emails responsive to item 1 are the only remaining request items. If in that category, you have priorities, please advise.
Best regards,
Helen A. Boyer
Public Records Officer
Bellevue School District No. 405
425-456-4101
publicrecords@bsd405.org<mailto:publicrecords@bsd405.org>
From: Bellevue School District
PRR 06132019-Anon
Dear Requestor:
On behalf of the Bellevue School District, I am making an installment of records responsive to your request item 1, as follows:
1. All correspondence [Jan 1 2015 to date of receipt of request] from members of the public (i.e. non-agency persons/emails) to agency employees OR board/council members containing any of these phrases: "first amendment" "1st amendment" "free speech" "freedom of speech" "freedom of expression" "freedom of religion" "freedom of assembly"
"first amendment"
Emails 02 24 2016 through 7 25 2017, first amendment, 75 p (attached)
Redactions were made to these records consistent with exemptions allowed under the Public Records Act, Chapter 42.56 RCW. Redactions made by the District are indicated by blocked out text with an overlying code. I have also attached a redaction code chart that explains how the exemptions applied to the redacted records. In some cases, where email addresses were repeated in a string, the redaction code for those same addresses was not repeated.
Also, please note that the first section of this production contains a 17-page string that was repeated multiple times, at pages 1-17. I produced it fully twice. Then I deleted the string in three positions where it had been fully reproduced at pages 1-17. The three points of deletion were after pages 37, 38, and 45. In each position, I included enough so you could verify that the string was going to repeat. Please advise if you have any concerns.
This concludes the District's production related to the phrase "first amendment." The District will continue to analyze and process additional search results related to the following phrases: free speech, freedom of speech, freedom of expression, freedom of religion, freedom of assembly. For the phrase "1st amendment", there are no responsive records.
I estimate the District's next installment regarding your request will be on January 16, 2020..
Please advise if you have any questions or concerns.
Best regards,
Helen A. Boyer
Public Records Officer
Bellevue School District No. 405
425-456-4101
publicrecords@bsd405.org<mailto:publicrecords@bsd405.org>
From: Bellevue School District
PRR 06132019-Anon
Dear Requestor:
On behalf of the Bellevue School District, I am making an installment of records responsive to your request item 3, as follows:
On the District's website its policies and procedures are posted. You may view them here: https://bsd405.org/about/policies-procedures/
You may find Policies Nos. 2131, 6102, and Procedure 6800.2P, among others, responsive to your request.
The District has completed its response to your request items 2 and 3, and will continue to complete item 1.
I estimate a next installment to your request on or before March 3, 2020.
Best regards,
Helen A. Boyer
Public Records Officer
Bellevue School District No. 405
425-456-4101
publicrecords@bsd405.org<mailto:publicrecords@bsd405.org>
From: Bellevue School District
PRR 06132019-Anon
Dear Requestor:
The District's estimated date has to be extended due to its present workload. The revised estimate is March 11, 2020.
Best regards,
Helen A. Boyer
Public Records Officer
Bellevue School District No. 405
425-456-4101
publicrecords@bsd405.org<mailto:publicrecords@bsd405.org>
From: Bellevue School District
PRR 06132019-Anon
Dear Requestor:
On behalf of the Bellevue School District, I am making an installment of records responsive to your request item 1, as follows:
1. All correspondence [Jan 1 2015 to date of receipt of request] from members of the public (i.e. non-agency persons/emails) to agency employees OR board/council members containing any of these phrases: "first amendment" "1st amendment" "free speech" "freedom of speech" "freedom of expression" "freedom of religion" "freedom of assembly"
Attached are the following records, containing the phrase "freedom of speech", and sent to any member of the Board of Directors during the referenced dates:
Emails 01 15 15 through 06 13 19 freedom of speech to Board, 97 p (attached)
Redactions were made to these records consistent with exemptions allowed under the Public Records Act, Chapter 42.56 RCW. Redactions are indicated by blocked out text with an overlying code. I have also attached a redaction code chart that explains how the exemptions applied to the redacted records.
This concludes the District's production related to the phrase "freedom of speech" with respect to any message sent to the Board. The District will continue to analyze and process additional search results related to the following phrases: free speech, freedom of speech (sent to agency employees), freedom of expression, freedom of religion, freedom of assembly.
I estimate the District's next installment regarding your request will be on May 6, 2020.
Please advise if you have any questions or concerns.
Best regards,
Helen A. Boyer
Public Records Officer
Bellevue School District No. 405
425-456-4101
publicrecords@bsd405.org<mailto:publicrecords@bsd405.org>
From: Bellevue School District
PRR 06132019-Anon
Dear Requestor:
As the District continues to process the email portion of your request, it is apparent that it is challenging to avoid "false hits" in the search process, and that the searches may be retrieving more than you intend. For example, in the last production, there were several lengthy newsletters from organizations that may or may not be of interest to you.
It would assist the District in continuing to process your request in a more timely manner if you would consider amending your request in some way that specifies the records you actually intend to receive. Please review the productions of March 11, 2020, November 9, 2019, and October 15, 2019 to determine whether you could modify your search request in a manner that specifies records you intend to receive. Please consider specifying the type or nature of records you are seeking, the sender or recipient, and a more targeted date specification.
Please consider the needle in a haystack analogy. If you are asking for a haystack hoping to find a needle, it may not in fact be retrieved if you have not specified it. Please ask for the needle. If it exists, it will be disclosed to you.
Best regards,
Helen A. Boyer
Public Records Officer
Bellevue School District No. 405
425-456-4101
publicrecords@bsd405.org<mailto:publicrecords@bsd405.org>
From: twitter.com/journo_anon Public Records Requester
You may exclude from future productions any message containing the word "unsubscribe" or "all rights reserved"
From: Bellevue School District
PRR 06132019-Anon
Dear Requestor:
Thank you for that assistance. When a search is done in our database, it is possible to scan by sender. On the other hand, a search for specific phrases such as "unsubscribe" or "all rights reserved" within a group of retrieved messages may not result in an accurate elimination of potentially responsive records. In some cases, for example, the text within some messages may be imaged and not fully text-searchable.
Would it be correct to state that you are agreeing to exclude commercial and nonprofit newsletter senders?
Please understand the each retrieved hit has to be read and reviewed for responsiveness.
Your responsibility as a requestor is to identify what you want to receive, rather than describing a general category of material that may or may not contain what you think it may contain.
Best regards,
Helen A. Boyer
Public Records Officer
Bellevue School District No. 405
425-456-4101
publicrecords@bsd405.org<mailto:publicrecords@bsd405.org>
From: twitter.com/journo_anon Public Records Requester
My original queries were objective based on keywords and thus did identify records. I am fine with "exclude commercial and nonprofit newsletter senders" but I gave the earlier exclusion to avoid any argument by the government that this would be subjective.
From: Bellevue School District
PRR 06132019-Anon
Dear Requestor:
To the best of my knowledge, I have not received a response to my 3.12.2020 inquiry. Please regard that as a clarifying question to which your response is required within 30 days. I apologize if I missed a response from you.
Please respond on or before May 11, 2020, or your request may be closed.
For that reason, and due to other factors, the District's estimated May 6, 2020 production date will be extended to May 12, 2020.
Best regards,
Helen A. Boyer
Public Records Officer
Bellevue School District No. 405
425-456-4101
publicrecords@bsd405.org<mailto:publicrecords@bsd405.org>
From: Bellevue School District
PRR 06132019-Anon
Dear Requestor:
On behalf of the Bellevue School District, I am making an installment of records responsive to your request item 1, as follows:
1. All correspondence [Jan 1 2015 to date of receipt of request] from members of the public (i.e. non-agency persons/emails) to agency employees OR board/council members containing any of these phrases: "first amendment" "1st amendment" "free speech" "freedom of speech" "freedom of expression" "freedom of religion" "freedom of assembly"
Attached are the following records, containing the phrase "freedom of religion," and sent to agency employees and/or any member of the Board of Directors, within the searched date range of 01 01 2015 - 06 13 2019:
Emails, freedom of religion, 12 01 2015 thr 04 25 2017, 23p (attached)
This concludes the District's production related to the phrase "freedom of religion" with respect to any message sent to the Board. There may be additional such messages sent to employees. The District will continue to analyze and process additional search results related to the following phrases: free speech, freedom of speech (sent to agency employees), freedom of expression, freedom of religion (sent to employees), freedom of assembly.
I estimate the District's next installment regarding your request will be on June 24, 2020.
Please note that Covid-19 has resulted in District office closures and employee work restrictions. Estimates made at this time are subject to adjustment that may arise from changing and unanticipated public health circumstances. The District remains committed to processing requests with the fullest service possible under the present circumstances.
Clarifying Questions:
To the best of my knowledge, I have not received a response to my 3.12.2020 inquiries. Please regard those as clarifying questions to which your response is required. The terms in your query are yielding a number of what appear to be false hits. Please review the recent productions to determine whether you could modify your search request in a manner that specifies records you intend to receive. Please consider specifying the type or nature of records you are seeking, the sender or recipient, and/or a more targeted date specification. I will extend the deadline for your answer to this question to June 12, 2020.
Best regards,
Helen A. Boyer
Public Records Officer
Bellevue School District No. 405
425-456-4101
publicrecords@bsd405.org<mailto:publicrecords@bsd405.org<mailto:publicrecords@bsd405.org%3cmailto:publicrecords@bsd405.org>>
From: Bellevue School District
PRR 06132019-Anon
Dear Requestor:
To the best of my knowledge, I have not received your response to my 3.12.2020 inquiries. I repeated the inquiry on 05.12.2020. You were advised that your answers to those clarifying questions was required in order for the District to proceed with processing your request. The terms in your query yield a high number of what appear to be false hits due to the common nature of the search terms. It is a requestor's obligation to ask for identifiable records.
Your request is:
1. All correspondence [Jan 1 2015 to date of receipt of request] from members of the public (i.e. non-agency persons/emails) to agency employees OR board/council members containing any of these phrases: "first amendment" "1st amendment" "free speech" "freedom of speech" "freedom of expression" "freedom of religion" "freedom of assembly"
2. Every formal claim or complaint [Jan 1 2015 to date of receipt of request] made against agency or its employees containing any of the phrases: "first amendment" "1st amendment" "free speech" "freedom of speech" "freedom of expression" "freedom of religion" "freedom of assembly" - and all other records in the file associated with such complaint.
3. Every agency board/committee agenda/minutes document [Jan 1 *2015* to date of receipt of request] containing any of the phrases: "first amendment" "1st amendment" "free speech" "freedom of speech" "freedom of expression" "freedom of religion" "freedom of assembly" - and all other records in the file associated with such meeting.
Items 2 and 3 have been completed.
With respect to item 1, records have been provided regarding the search terms "first amendment", "1st amendment", "freedom of speech" (with respect to communications to the Board), and "freedom of religion."
Searches containing the phrases "free speech", "freedom of speech" (with respect to communications to agency employees), "freedom of expression", and "freedom of assembly" were not completed for the reasons stated.
Your request will be closed. Thank you for your interest in the Bellevue School District. I hope you are doing well in this time of challenging public health circumstances.
Best regards,
Helen A. Boyer
Public Records Officer
Bellevue School District No. 405
425-456-4101
publicrecords@bsd405.org<mailto:publicrecords@bsd405.org>
From: Bellevue School District
Public Records Requestor Survey - Your Voice Matters
Welcome! You recently made a request to the Bellevue School District for public records under the Public Records Act. You are invited to participate in a follow-up survey.
About the Survey
How long will it take?
The survey takes about 5 minutes. It has four questions and an optional comment section.
Is this required?
Your participation is optional.
Why is the Bellevue School District doing this survey?
Your feedback will help the District evaluate the quality of its service.
Will my answers be anonymous?
You can submit your response anonymously, or you can include your name and/or email address.
What will you do with my response?
The District will retain the survey responses for at least three years.
Please note that if you complete this survey, you are creating a public record. The Bellevue School District is required under the Public Records Act to disclose public records if they are requested. Your response may be subject to public disclosure.
If you include your name and/or email address, that information would also be subject to disclosure as part of the public record, if requested.
If you want to be included in the survey, click the link below.
Yes, I want to do the survey<https://bsd405.sharepoint.com/sites/records/_layouts/15/guestaccess.aspx?guestaccesstoken=Crl1wbrd8XWRKfdbF8zQJx7BFr9mMidqvOp5Cb8v2%2fs%3d&docid=1_160704e05ea0945aa95548309602c258e&wdFormId=%7B0DB48D8A-3341-4295-B1C9-02913E32FB4E%7D>.
Thank you for participating.
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