Request for digital copies of all internet video call recordings in the District's care, custody, or control recorded between the dates 01-01-20 through 4-22-21. (Bellevue School District)

To Whom It May Concern:

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

Digital copies of all video recordings of internet-based video calls, meetings, training sessions, town halls, school board meetings, and google classroom sessions in the District's care, custody, or control recorded between the dates 01-01-20 through 4-22-21.

To clarify, if the District is in possession of any digital recordings of Zoom meeting calls, Skype Sessions, Google Duo calls, Slack, Gotomeeting, etc. (any recorded internet-based video communication/presentation/instruction product) for the period of time 01-01-20 through 4-22-21 I am requesting a digital copy to be produced via internet web link.

The District search for these digitally recorded videos should include all computers and digital storage devices owned, operated, or controlled by the District.

The District search for these digitally recorded videos should also include a search of all computers and digital storage devices owned, operated, or controlled by District employees if the digital video was recorded on equipment provided to the employee by the District, or if the digital video recording contains content relating to District agency related matters.

I request the digital video files to be delivered unedited whenever possible and in the original format in which the files were digitally recorded and stored.

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 internet web link or e-mail attachment if available or by 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.

Sincerely,

Anon Request

To: Helen A. Boyer
Public Records Officer
Bellevue School District No. 405
publicrecords@bsd405.org

May 6, 2021

RE: 1st installment, addressing recorded "school board meetings" and "classroom sessions."

Hello Ms. Boyer,

Please see my responses to your 1st installment and answers to your requests for clarification:

With respect to video recordings of school board meetings

Videos of school board meetings are posted on the District's website. You may retrieve them as follows:
Go to https://bsd405.org/about/school-board/. Scroll down and select "Go to BoardDocs." In BoardDocs, select "Meetings" from the ribbon at top right. On the left, use the dropdown menu to select the date of meeting in which you have an interest. When you select the date of any Regular Meeting of the Board of Directors, an icon labelled "Watch video" will appear. In most cases, these video recordings contain audio content only. Records referred to may be viewed by clicking on the “View the Agenda” icon.

Response: Thank you.

With respect to recorded classroom sessions

The District does not use "google classroom sessions." Further, where students are present orreferred to in any recorded classroom session, those records are fully exempt under RCW 42.56.230(1) (personal information in any files maintained for students in public schools); and under RCW 42.56.070(1) (exemptions authorized outside PRA) and the Family Educational Rights and Privacy Act (FERPA), 20 USC section 1232g (education records or any personally identifiable information in education records is exempt from disclosure to third parties without adult student or parent consent).

Response:

With all due respect, while digital video recordings where students are present or referred to certainly could be wholly exempt from disclosure to third parties, this is certainly not always going to be the case. Public records act exemptions are subject to very specific State and Federal statutes and circumstances.

The request for copies of any digital video recordings of classroom sessions for the requested period of time is not necessarily exempt in whole. The District has the responsibility to search for digital video recordings of classroom sessions and then redact student information where appropriate under statute, then producing the remainder of the non-exempt record or in this matter digital video file.

Quite probably digital video recordings wholly or partially redacted by the District based on specific exemptions would still provide the requestor the name of the video file, the date and time of the recording, the length of the recording, the place of recording, the method of recording, the storage location of the digital video file itself, metadata not subject to redaction, and more.

From the BELLEVUE SCHOOL DISTRICT – Public Records Request Website:

https://bsd405.org/departments/records/public-records/

“If the record requested for inspection and/or copying contains both information exempted from disclosure and nonexempt information, the District will produce as much of the record as possible, with the exempt portion redacted, and will provide a written explanation for the redaction.”

Please search for and provide digital video recordings of classroom sessions and redact where appropriate.

Generally, with respect to other types of recordings

Please see the following links to the District's website, where recent District-wide town hall meetings and other types of recordings may be or may have been posted Facebook, Twitter, and Instagram <links omitted>

Response: Thank you.

Clarification Questions

Assembly and review work is proceeding with respect to the other types of recordings you have identified, i.e., "internet-based video calls," "meetings," "training sessions," and "town halls." Before the District will be able to proceed, your answers to the following clarification questions will be required.

Clarification Questions

1. Some "town halls" are conducted at the District level and some are conducted at a school building level. The District has 29 schools, any of which may have conducted and recorded "town halls" with its student and parent communities. Many town hall meetings, especially at the building level, are likely to contain information protected by FERPA (cited above). Please advise if you are interested only in recordings of District-wide town hall meetings.

Again, please refer to my response regarding the production of digital video recordings of classroom sessions and Bellevue School District policy regarding providing as much of the record as possible, with the exempt portions redacted, and then providing a written explanation for any redactions.

I am requesting all digital video recordings for the time period specified.

2. Digital recordings of "internet-based video calls, meetings, [and] training sessions" are not centrally maintained. Retrieval of such recordings would require communication with approximately 2,500 District employees who may have recorded such a call, meeting, or training session. The volume of potentially responsive records may be exceedingly high and may require hundreds or thousands of hours of content review to identify exempt material. If exemptions apply, a technologically complicated and extremely time-consuming redaction process may be required, for which you would likely have to pay, because the District does not have the technological and staff resources to perform such redactions, especially on a massive scale. Please clarify whether you will continue to seek such records, and, if so, specify your request, e.g., by type of content, dates, or originator, so that the District can efficiently provide you with information that is in fact meaningful to you.

Response:

It is unfortunate the District has chosen not to centrally maintain digital video recordings subject to public record requests. It may be prudent for the District to draft policy (should no policy currently be in place) governing the approximately 2,500 District employees who are directed or may choose to produce digital video recordings subject to public records requests.

As you know under the Public Records Act, agencies cannot charge for the time staff time spend locating a public record or making it available for inspection (including any time spent reviewing or redacting records).
The Bellevue School Board found that it would be “unduly burdensome to calculate the actual costs of providing copies of public records, given the multiple electronic and manual devices used to do so, as well as the fluctuating costs of District supplies, equipment, and labor.”

Accordingly, the District adopted the “Statutory default cost” option for calculating fees:

“The District has determined it will not calculate actual costs for copying records for the reasons set forth in Policy 4040. The District will apply the fees and costs as authorized in RCW 42.56.120 and as published in the agency's fee schedule.”

The fees for production of digital video recordings under the statutory default cost option are as follows:

Electronic Documents: $0.05 per every four electronic files and/or email.
Transmission of electronic records: $0.10 per gigabyte.

A 1 Hour time length digital video recording of a ZOOM online video meeting results in a digital video file of approximately 1.2 gigabytes in size. Using these approximate calculations (4) 1-hour digital video recordings (1.2 Gb in size) produced by the district would generate fees of (4 files) x (.05) x (.10) = .60 or 60 cents. The fees may be marginally higher should the District choose to produce the requested files on CD-ROM. The District may charge the requestor for the cost of the CD-ROM itself as well as any postage.

If in the regular course of agency business the District and it’s approximately 2,500 public employees have the technological capability to record and store digital videos on publicly owned computers and devices, the District certainly has the staff and technological ability to produce these digital videos subject to the Public Records Act.

To answer your question “Please clarify whether you will continue to seek such records, and, if so, specify your request” I do continue to seek such records. I have specified the records requested for a specific time period in my original public records request.

For efficiencies sake I would suggest the District designate a central digital repository on District computer servers to store all digital video files subject to public record requests and then to instruct all District employees to upload any digital video recordings for the requested time period to the designated central digital repository for review and production under the PRA.

Of course recording, storing, and digitally transmitting digital video files is not technologically complicated and also comprises a regular function of various District employees on a daily basis.

3. Digital recordings of "training sessions" are likely to be subject to copyright protection, and trade secret or other proprietary exemptions. A consideration of the release of such recordings would in most cases require review by the content owner or originator, to identify protected content. If exemptions apply, a technologically complicated and extremely time-consuming redaction process may be required, for which you would likely have to pay, because the District does not have the technological and staff resources to perform such redactions, especially on a massive scale. Please clarify whether you will continue to seek such records, and, if so, specify your request, e.g., by type of content, dates, or originator, so that the District can efficiently provide you with information that is in fact meaningful to you.

Copyright is subject to certain limited exemptions and the District should redact accordingly. I do continue to seek these records. Please see my earlier responses.

4. Additionally, although you state that your request is not commercial in nature, in many cases the digital recordings of "internet-based video calls, meetings, training sessions [and] town halls" would inherently contain lists of individuals, identifiable by the fact that they would in many cases be shown as signed in to the call, meeting, training session, or town hall. Therefore, your request for such materials requires a commercial purposes inquiry. Please complete the attached Commercial Purpose Declaration within 30 days if you intend to proceed with these portions of your request. If you do not return the Declaration, your request will be closed.

Response regarding your commercial purpose inquiry and declaration:

The PRA prohibits the disclosure of “lists of individuals” for a commercial purpose (RCW 42.56.070(8)). Digital video recordings by their very nature do not contain an electronic record that can be sorted as could an Excel spreadsheet or Word document. I renew my declaration contained in my original public records request: I am not seeking a list of any kind, nor a list of individuals or businesses.

In my original public records request I specifically declared the request was not being made for commercial purposes, a requirement of the Public Records Act. I incorporate by reference my original public records request and declaration dated 4-22-21:

“Request for digital copies of all internet video call recordings in the District's care, custody, or control recorded between the dates 01-01-20 through 4-22-21 (Bellevue School District).”

This declaration satisfies all requirements of RCW 42.56 regarding prohibitions on lists and commercial purposes.

This concludes my response to your requests for clarification.

I look forward to the District production of non-exempt digital video recordings.

Thank you.

May 10, 2021

PRR 04262021-Anon-Muckrock

Hello Ms. Boyer,

Please see my responses to your communication of 05-07-2021:

Thank you for that prompt response. Please refer to the PRR number above in the subject line
of your correspondence with the District.

Costs
Your response neglects to refer to the customized service charge provision at page 7 of the
District’s Procedure 4040P, https://bsd405.org/wp-content/pdf/policy/4040P.pdf.

Response: No customized service charge applies to this public records request.

See RCW 42.56.120 (3)(a)(i):
“A customized service charge may only be imposed if the agency estimates that the request would
require the use of information technology expertise to prepare data compilations, or provide
customized electronic access services when such compilations and customized access services are not used by the agency for other agency purposes.”

This public records request does not seek a data compilation, only digital video recordings.

This public records request does not require customized electronic access services not used by the
District for other District purposes.

This public records request is seeking copies of digital video recordings in the care, control, or
possession of the District.

The District can produce these recordings without the need for special or extraordinary information
technology personnel, hardware, or software.

The digital video recordings requested were not generated or created by specialized information
technology personnel, and no special information technology is required to produce digital recordings in response to this request.

The District bears the burden of redacting public records (including digital video recordings) and cannot charge the records requestor for the time and cost of redaction.

The District can charge for the copy and transmission of these digital video recordings at the rates per
file and per GB transmitted as previously established.

In order to develop a centralized location for storage and access services for what may be
thousands of hours of digital video recordings, and to acquire and/or develop the technology
expertise to prepare that compiled data for production to you, when such compilations and
customized access services are not used by the District for any other District purpose, the
District would have to assess a customized service charge.

Response: The District need not develop any centralized location for storage and access of digital video recordings. In my previous response to you I was simply making a suggestion as to how (in my personal opinion) the District could more efficiently process digital video recordings as public records. The District is under no obligation to create a central repository for digital video recordings and I am not requesting the District do so.

Please advise if you would like to amend your request in order to avoid or reduce the cost of a
customized service charge.

Response: As I stated earlier, no customized service charge is warranted for this public records request for digital video recordings. If you feel I am mistaken, please explain as per RCW 42.56.120 (3)(b):

1. Please explain why a customized service charge applies?
2. Please provide a description of the specific expertise warranting the application of a customized
service charge.
3. Please provide a reasonable estimate of the cost of the customized service charge.

Additionally, the District’s Procedure at pp 7-8 permits it to make an alternative fee
arrangement with any requestor in response to a voluminous request.
It may be possible to discuss an arrangement, for example, by which you could partially reduce
the cost of a customized service charge by inspecting the recorded videos in person and
selecting those records of which you wish to obtain a copy. We could consider setting up an
area in which you could inspect such recordings. You would not be permitted to take any kind
of recording device into that area.

Response: No thank you.

Declaration of Commercial Purpose
There is nothing in RCW 42.56.070(8) that states that a list must be in Excel or another
sortable format to be subject to the commercial purpose declaration. The names of
participants in many digital recordings are in the form of lists. Please complete the
Commercial Purpose Declaration, which I have again attached for your reference, by June 2,
2021.

Response: You are correct, nothing in RCW 42.56.070(8) states a list must be in Excel or a sortable
format. I was only attempting to provide an example of what the courts and Washington State Statute
has defined as a “list” under RCW 42.56.070(8). In any event, the application of RCW 42.56.070(8)
concerns a public records request seeking a “list” of natural individuals.

With all due respect, the names of participants displayed in a digital video recording is not a “list” as
defined by RCW 42.56.070(8):
“This chapter shall not be construed as giving authority to any agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives to give, sell or provide access to lists of individuals requested for commercial purposes, and agencies, the office of the secretary of the senate, and the office of the chief clerk of the house of representatives shall not do so unless specifically authorized or directed by law: PROVIDED, HOWEVER, That lists of applicants for professional licenses and of professional licensees shall be made available to those professional associations or educational organizations recognized by their professional licensing or examination board, upon payment of a reasonable charge therefor: PROVIDED FURTHER, That such recognition may be refused only for a good cause pursuant to a hearing under the provisions of chapter 34.05 RCW, the administrative procedure act.”

Just as an email or any other document also not a “list,” the District has the option to redact any names that might be displayed in a digital video recording based on a valid exemption should there be one.

The Commercial Purpose Declaration form (affidavit) which you have provided titled “REQUEST FOR
LIST OF NAMES” does not apply to this Public Records request as no list of names was requested in the original public records request and the District has the option to redact any responsive videos files produced under the law.

This concludes my response.

I look forward to the District production of non-exempt digital video recordings as soon as possible.

Thank you.

May 29, 2021

Hello Ms. Boyer,

Thank you for your communications dated 5-25-21 and 5-27-21.

My response is as follows:

YOU STATED:
“Dear Requestor:

On behalf of the Bellevue School District, I am making a second installment to your request received April 26, 2021:
Digital copies of all video recordings of internet-based video calls, meetings, training sessions, town halls, school board meetings, and google classroom sessions in the District's care, custody, or control recorded between the dates 01-01-20 through 4-22-21.

Further with respect to the categories of video recordings of internet-based meetings, training sessions, town halls, and school board meetings, please see the following link to the District's YouTube channel:

https://www.youtube.com/channel/UCb4Hoh9cTgXul7qYHH1nwmA

You may sort by date on the Channel.”

MY RESPONSE:

Thank you for the links to the District’s website, YouTube channel, Twitter feed, Facebook and Instagram accounts. However please note, the original public records request is for “Digital copies of all video recordings of internet-based video calls, meetings, training sessions, town halls, school board meetings, and google classroom sessions…” The various links you have provided do not contain any digital copies of the video recordings originally requested. Also, the links do not provide information about what digital video files have been produced, and which have been withheld in their entirety, nor which digital video files have been edited and for what reason.

To be clear, this public records request is seeking digital copies of specific digital media files, not links to stream partial content of the original files without a detailed exemption log explaining what has been withheld and why.

YOU STATED:

“Please advise if the extensive records you have been provided are sufficient for your purposes.”

MY RESPONSE:
Hyperbole aside, no requested records (digital media files) have been produced. Links to 3rd party subscription based streaming media sites are not the records that have been requested.

YOU STATED:
“The District has advised you that where students are present or referred to in any video call or recorded classroom session, those records are fully exempt. You cannot walk in off the street into a parent or student meeting with a teacher, or into a classroom of students. Similarly, you are not entitled to the content of digital video calls with parents or students, or to the content of a remotely conducted classroom.”

MY RESPONSE:

With all due respect, any recorded digital video files (records) in the possession of the District where students are present or referenced are NOT FULLY EXEMPT. Rather these digital video files could potentially be partially exempt and some exemptions may be subject to redaction by the District. Any such exemptions applied are required to be recorded in an accompanying detailed exemption log for review by the requestor.

Examples of what may not be fully exempt in any digital media file: the name of the digital media file, the type of file, the size of the file, various nonexempt portions of the file video content, the length of the recording, the date the file was created, and possibly much more.

All citizens are “entitled” to review and/or copy public records in the District’s care, custody, or control subject to redaction by the District based on valid legal exemptions. Exemptions which the District is required to detail in an exemption log provided to the requestor for review.

Question: Is the District’s position that all digital video files in which a student is present or referenced are fully exempt and therefore will not be produced?

Question: If in fact it is the District’s position is that digital video files in which a student is present are fully exempt, is the District going to provide the required detailed exemption logs to the requestor, listing which digital video files are exempt and why?

YOU STATED:

“As set forth in my message to you dated May 3, 2021, a next phase of records production would require disruptive and time-consuming recovery from individual employees, added storage capacity, extensive and time-consuming copying of recorded video into redactable formats and/or for the purpose of creating a copy for redaction, and review, analysis, and anticipated redaction of exempt material. This is likely to require the purchase of hardware and software that is not presently available to nor within the technical expertise of staff that responds to public records. As I have advised you, the District is evaluating the costs of customized service charges that would be associated with those purchases and tasks. The copying is likely to require software and hardware purchases, training, and added staff. There may also be additional costs of storage devices and data transmission for which you would be responsible.”

MY RESPONSE:

The District’s responsibilities under the Public Records Act are clear. To address your comments point by point:

“disruptive and time-consuming recovery from individual employees”

Please see WAC 44-14-04003(3) “The agency should recognize that fulfilling public records requests is one of the agency's duties, along with its others.” These public employees created digital video files that are now public record. It is certainly not “disruptive” for public employees to produce identifiable public records.

“added storage capacity”

Question: Why the need for added storage capacity? Regardless, irrelevant under the Public Records Act.

“extensive and time-consuming copying of recorded video into redactable formats and/or for the purpose of creating a copy for redaction”

Again, irrelevant. All costs of preparation for responsive documents and any redactions if required is the sole responsibility of the District. No costs for collation or redaction may be passed on to the original requestor under the act. See WAC 44-14-07001:

WAC 44-14-07001 General rules for charging for copies.
(1) No fees for costs of locating records or preparing records for inspection or copying. An agency cannot charge a fee for locating public records or for preparing the records for inspection or copying. RCW 42.56.120.1 An agency cannot charge fees for a person to inspect or access records on the agency's public internet web site. An agency cannot charge a fee for access to or downloading records the agency routinely posts on its public internet web site prior to the receipt of a request unless the requestor has specifically requested that the agency provide copies of such records through other means. RCW 42.56.120 (2)(e).

An agency cannot charge a "redaction fee" for the staff time necessary to prepare the records for inspection, for the copying required to redact records before they are inspected, or an archive fee for getting the records from off-site. Op. Att'y Gen. 6 (1991). These are the costs of making the records available for inspection or copying and cannot be charged to the requestor.

“This is likely to require the purchase of hardware and software that is not presently available to nor within the technical expertise of staff that responds to public records.”

Untrue however if so, also irrelevant. As clearly stated, the District cannot assess fees for costs of locating records or preparing records for inspection or copying. The District is in possession of public records in the form of digital media files. These public records have been identified and requested per the Public Records Act and the District is required to produce these records in compliance with the act.”

“As I have advised you, the District is evaluating the costs of customized service charges that would be associated with those purchases and tasks. The copying is likely to require software and hardware purchases, training, and added staff. There may also be additional costs of storage devices and data transmission for which you would be responsible.”

MY RESPONSE:

As I requested previously, please provide a detailed accounting of the customized service charge the District believes applies to this public records request. I believe once the District produces a detailed record of any proposed customized service charge it will be simple to demonstrate the District is in error, and no customized service charge applies to this public records request under the PRA (RCW 42.56).

YOU STATED:

“If you require additional records, I estimate a next installment in response to your request will be September 23, 2021. This estimate considers the factors described above, as well as the fact that many of the staff from whom such records would be assembled will soon be leaving for the summer break.”

MY RESPONSE:

As I previously stated, no requested records have been produced by the District to date, and my previous request for the District to provide a detailed accounting of any proposed customized service charge is still outstanding. District staff vacations do not relieve the District of its responsibilities under the public records act.

Additionally the District should advise all employees, volunteers, contractors, and any other 3rd parties who may have care, custody, or control of any digital video files originally requested in PRR 04262021 to preserve these public records until this request is resolved.

Please consider WAC 44-14-04003(9) as constructive notice:
“WAC 44-14-04003(9) Preserving requested records. If a requested record is scheduled shortly for destruction, and the agency receives a public records request for it, the record cannot be destroyed until the request is resolved. RCW 42.56.100.8 Once a request has been closed, the agency can destroy the requested records in accordance with its retention schedule.”

YOU STATED:

“Additionally, the District cannot proceed further until it receives and has evaluated a completed and signed Commercial Purpose Declaration, for the reasons that have been explained to you. The Declaration is due on or before June 2, 2021.”

MY RESPONSE:

I previously addressed your multiple requests for a signed “REQUEST FOR LIST OF NAMES” document.

Digital video files are not a “list” as defined in RCW 42.56.070(8).

The Commercial Purpose Declaration form (affidavit) which you have provided titled “REQUEST FOR LIST OF NAMES” does not apply to this Public Records request as no list of names was requested in the original public records request and the District has the option to redact any names that might be displayed as a list in any digital video recording based on a valid exemption should there be one.

Question: Is it the District’s position that PRR 04262021 – this request for copies of digital video files will not proceed without the requestor signing the District’s “REQUEST FOR LIST OF NAMES” document?

At this point it certainly appears that the District is not applying a good faith interpretation of the statues governing public records, nor providing “fullest assistance" and "most timely possible action" (WAC 44-14-04003(3)) in processing PRR 04262021.

The District is constructively denying the processing of this public records request. I formally request an immediate denial review of PRR 04262021 by District legal counsel. If in a reasonable amount of time a denial review by the District does not provide the relief requested, I reserve the right under RCW 42.56.550 to seek Judicial review of the District’s position in Superior Court.

This concludes my response.

I look forward to the District production of non-exempt digital video recordings as soon as possible.

Thank you.

Subject: PRR 04262021

June 4, 2021

Hello Ms. Boyer,

Thank you for your communications dated 6-1-21.

My response is as follows:

YOU STATED:

“Dear Requestor:
On May 29, you appear to object, for the first time, following the District’s first installment to
you dated May 3, 2021, and its second installment to you dated May 27, 2021, that you are
not able to retrieve digital video recordings that you have requested, which are posted on the
District’s public sites at the links that have been provided to you. You state, “The various links
you have provided do not contain any digital copies of the video recordings originally
requested.” That is not correct. You have been provided with access to hundreds of original
digital video recordings that are responsive to your request.
Referring a requestor by means of a link to an agency’s publicly maintained webpage or
website, on which requested records are or may be posted, is an appropriate manner in which
to respond to a public records request.
I do not understand your objection in this regard. If you need assistance retrieving the digital
video recordings posted on the sites to which I have provided links, please advise.”

MY RESPONSE:

You provided links to STREAM or VIEW digital videos online. I have requested COPIES of the digital video
media files themselves. The links you have sent to not provide a digital copy of the original video, which
is what was originally requested.

From Wikipedia on the nature of Streaming Media:

Streaming media is multimedia that is delivered and consumed in a continuous manner
from a source, with little or no intermediate storage in network elements. Streaming refers to
the delivery method of content, rather than the content itself.

Streaming is an alternative to file downloading, a process in which the end-user obtains the
entire file for the content before watching or listening to it.

The links you provided to STREAM the digital video files all stream videos that appear to have been
edited. What content has been edited from the original videos? What are the file names of each digital
video file? When was each digital file created? In what format was each digital video file stored? Why
have you not provided exemption logs explaining what content was redacted or edited from each digital
media file and why? Which digital video files have been withheld in their entirety and why?

You provided “access” to STREAMS of “original” digital video recordings that have been edited. You are
correct in that if I had requested to “view” various digital video streams, the District providing a link to
publicly maintained websites to “view” the content of the videos would most likely satisfy such a
request. Links to stream video files do not satisfy this public records request.

This request is and always has been for DIGITAL COPIES of the ORIGINAL DIGITAL MEDIA VIDEO FILES
themselves. Preferably unedited and unredacted except were allowed by law, each file produced in its
original native digital media format. Delivered to the requestor via internet link or in the alternative on
data CD-ROM.

If in fact the links you have provided can provide an original copy of the original digital media video files
requested in original native digital format unedited, with the original dates of creation and file names
attached, then yes I do require assistance. I am unaware as to how to receive original unedited digital
video files from YouTube and Facebook Links.

Please see this partial YOUTUBE Terms of Service Agreement:

https://www.youtube.com/static?template=terms

“…Permissions and Restrictions
You may access and use the Service as made available to you, as long as you comply with
this Agreement and applicable law. You may view or listen to Content for your personal, non-
commercial use. You may also show YouTube videos through the embeddable YouTube
player.

The following restrictions apply to your use of the Service. You are not allowed to:
access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter,
modify or otherwise use any part of the Service or any Content except: (a) as expressly
authorized by the Service; or (b) with prior written permission from YouTube and, if
applicable, the respective rights holders…”

As the service agreement states “you are not allowed to… download” among other things the original
video files themselves. Please provide digital copies of all requested digital media files.

YOU STATED:

“With respect to the Commercial Purposes Declaration, you have pointed out that it contained
a caption, “Request for List of Names.” I offered to you the option of striking out that caption,
and initialing your strikeout, if you believed the caption did not apply. To accommodate you
further, I have attached a revised version of the Declaration in which that caption is removed.
You may complete this version of the Declaration if you prefer. I will extend the due date for
returning the Declaration, for your convenience, to June 8, 2021.”

Text from your “revised” Commercial Purposes Declaration PRR 04262021:

“Washington law prohibits the Bellevue School District from providing access to lists of
individuals when such lists are requested for commercial purposes. RCW 42.56.070(8).”

MY RESPONSE:

I have requested no list of individuals and this public records request is not for commercial purposes.
RCW 42.56.080(2):

” The Public Records Act expressly authorizes an agency to inquire as to a requestor’s purpose
when necessary, to determine whether the requestor is seeking a list of individuals for
commercial purposes. RCW 42.56.080(2).”

This public records request is not for commercial purposes of any kind. No list has been requested.
YOU STATED:

“The District cannot process your request without a signed declaration stating the
purpose of your request.”

MY RESPONSE:

I object. This statement is a violation of the Public Records Act:

RCW 42.56.080

Identifiable records—Facilities for copying—Availability of public records.
(2) Public records shall be available for inspection and copying, and agencies shall, upon
request for identifiable public records, make them promptly available to any person including,
if applicable, on a partial or installment basis as records that are part of a larger set of
requested records are assembled or made ready for inspection or disclosure. Agencies shall
not deny a request for identifiable public records solely on the basis that the request is
overbroad. Agencies shall not distinguish among persons requesting records, and such persons
shall not be required to provide information as to the purpose for the request except to
establish whether inspection and copying would violate RCW 42.56.070(8) or 42.56.240(14), or
other statute which exempts or prohibits disclosure of specific information or records to
certain persons.

RCW 42.56.070(8)

This chapter shall not be construed as giving authority to any agency, the office of the
secretary of the senate, or the office of the chief clerk of the house of representatives to give,
sell or provide access to lists of individuals requested for commercial purposes, and agencies,
the office of the secretary of the senate, and the office of the chief clerk of the house of
representatives shall not do so unless specifically authorized or directed by law: PROVIDED,
HOWEVER, That lists of applicants for professional licenses and of professional licensees shall
be made available to those professional associations or educational organizations recognized
by their professional licensing or examination board, upon payment of a reasonable charge
therefor: PROVIDED FURTHER, That such recognition may be refused only for a good cause
pursuant to a hearing under the provisions of chapter 34.05 RCW, the administrative
procedure act.

RCW 42.56.070(8) does not apply. Digital video files are not “lists of individuals requested for
commercial purposes.”

RCW 42.56.240(14):

Body worn camera recordings to the extent nondisclosure is essential for the protection of
any person's right to privacy as described in RCW 42.56.050, including, but not limited to, the
circumstances enumerated in (a) of this subsection. A law enforcement or corrections agency
shall not disclose a body worn camera recording to the extent the recording is exempt under
this subsection.

RCW 42.56.240(14) does not apply. The District is not a law enforcement agency. No body worn camera
videos have been identified to date in this records request.

YOU STATED:

“If the District has not received a completed declaration within thirty (30) days of today’s
date, your request will be closed.”

This District lacks the statutory authority to close this public records request without due process. Please
advise if the District has closed this records request. If so, it is this requestor’s intention to seek
equitable relief in Superior Court.

Text from your “revised” Commercial Purposes Declaration PRR 04262021:

“I, <Printed name of Requestor> have made a public records request for a list of individuals.”

I have made no such request.

Text from your “revised” Commercial Purposes Declaration PRR 04262021:

“My request was made for, on behalf of, or with an intent to provide or consider providing the
response to, the following person or persons, entity, association, or organization (if
applicable):”

Not applicable.

Text from your “revised” Commercial Purposes Declaration PRR 04262021:

“The purpose of my request for a list of individuals is:”

Agencies shall not distinguish among persons requesting records, and such persons shall not be required
to provide information as to the purpose for the request except to establish whether inspection and
copying would violate RCW 42.56.070(8) or 42.56.240(14), or other statute which exempts or prohibits
disclosure of specific information or records to certain persons.

Text from your “revised” Commercial Purposes Declaration PRR 04262021:

“I hereby declare, under penalty of perjury under the laws of the State of Washington, that
the list of individuals that I have requested from the Bellevue School District will not be used
for any commercial purpose.”

I have requested no list of individuals and this public records request is not for commercial purposes.

YOU STATED:

“The names of participants in many digital recordings are shown within the recording. For that
reason, it is appropriate for the District to conduct an inquiry under RCW 42.56.080(2).”

My answer to the District’s inquiry: I have requested no list of individuals for a commercial purpose. No
portion of this public records request seeks a list of individuals and no portion of this public records
request is for a commercial purpose of any kind.

This records request is for “digital copies of all internet video call recordings in the District's care,
custody, or control recorded between the dates 01-01-20 through 4-22-21” requests digital copies of
specific identifiable and subsequently identified public records.

It is in the best interests of the public that the District preserve all digital video file public records
requested, and provide copies of these public records as requested as soon as possible.

Thank you.

Subject: PRR 04262021

June 14, 2021

Hello Ms. Boyer,

Thank you for your communications dated 6-4-21.

My response is as follows:

YOU STATED:

“Dear Requestor:

You do not address in your response below my second email to you on June 1 at 5:17 PM Pacific Time with respect to your request for an internal review of your request under Procedure 4040P. I intend to assist you promptly if it is your intention to proceed in that regard. Please advise if you intend to proceed with an internal review. If so, please identify precisely the issues you wish to have reviewed by submitting a petition as described in Procedure 4040P. I will be able to refer a petition for an internal review upon receipt of a petition.It is my understanding that videos posted on the sites I have provided to you can be downloaded. I will check further on that with our IT Department and advise further.”

MY RESPONSE:

I request an internal review per Procedure No. 4040P - Public Access to District Records. My petition for internal review follows at the end of this communication.

YOU STATED:

“You state, “You provided “access” to STREAMS of “original” digital video recordings that have been edited.” (Emphasis in your text.) I am not aware of editing that may have been done in any of the posted videos, or how you may have formed such an opinion by viewing them. My understanding is that the posted videos are original, final records. Board of director meeting videos, for example, would not have been edited prior to being posted on BoardDocs and the District’s YouTube Channel. If in a particular case there may have been an earlier version of a posted video, it is possible that the creator may have a draft of the video, which may be exempt under RCW 42.56.280, or which may have been in the form of an informal note and not a public record. You also inquire about the name and date of videos, and their format. The name and date of posting are viewable in the platforms to which you have been given access. Dates of creation may be additionally stated within a video, if a video was created before it was posted. The records speak for themselves as to these questions.”

MY RESPONSE:

To date you have provided zero requested records. No exemption logs of records you allege to have produced have been provided. No digital copies of any digital videos requested have been provided.
You have provided links to the following 3rd party services, none of which provide digital copies of the digital video files requested:

FACEBOOK

https://www.facebook.com/bsd405

NO ACCESS. NO DIGITAL VIDEO FILES AVAILABLE FOR DOWNLOAD.

INSTAGRAM

https://www.instagram.com/bellevueschools405/

NO ACCESS. NO DIGITAL VIDEO FILES AVAILABLE FOR DOWNLOAD.

TWITTER

https://twitter.com/TheBSD405

NO DIGITAL VIDEO FILES AVAILABLE FOR DOWNLOAD.

YOUTUBE

NO ACCESS. NO DIGITAL VIDEO FILES AVAILABLE FOR DOWNLOAD.

BOARDDOCS® A DILIGENT BRAND, © 2002-2021

District website: https://bsd405.org/

NO DIGITAL VIDEO FILES AVAILABLE FOR DOWNLOAD.

Again, none of the requested records have been provided. No exemption logs have been provided.

YOU STATED:

“As I have explained, by providing you the hundreds of videos you have been provided to date, the District is not concluding your request. Rather, the District has promptly provided to you the readily available records that exist. The District is not asserting exemptions in the videos you have been provided. The process of assembling additional videos created and maintained by individual staff persons is an enormous and lengthy task, for the reasons I have described to you.

MY RESPONSE:

No requested records have been provided. No exemption logs have been provided. The process of locating and providing copies of the digital video files originally requested (public records that have been properly identified under the PRA) is the legal obligation and responsibility of the District.

Continuing to argue and object about the scope of the task is prohibited by the Public Records Act.

This public records request is not vague, nor overly broad in nature.

This public records request is for identifiable records.

This public records request does not seek records extraordinary in nature, nor does the request seek a complication of records to be produced, nor does the request seek a list or lists of any kind.

This public records request is in the best interest of the general public.

The District has the option to produce the public records in installments over time.

To date, the District has not produced a single record, nor has the District produced an exemption log of any kind.

YOU STATED:
“Finally, please note that it is part of the District’s recordkeeping system that your PRR request number appear at the beginning of the subject line of emails pertaining to your request. In some of my reply correspondence to you, your subject line has been too long to permit the PRR number to be inserted, so I have had to delete or truncate some of your subject line. I would appreciate it if you can shorten your subject line in some manner and include the PRR number in all of your correspondence to this office.

Best regards,
Helen A. Boyer
Public Records Officer
Bellevue School District No. 405”

MY RESPONSE:

I am not sure I understand what you are asking, however I will endeavor to do my best in assisting you with your internal record keeping if possible.

BEGIN: PETITION FOR INTERNAL REVIEW re: Procedure No. 4040P - Public Access to District Records

From: Anon Request
04/25/2021

To Whom It May Concern:

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

Digital copies of all video recordings of internet-based video calls, meetings, training sessions, town halls, school board meetings, and google classroom sessions in the District's care, custody, or control recorded between the dates 01-01-20 through 4-22-21.

To clarify, if the District is in possession of any digital recordings of Zoom meeting calls, Skype Sessions, Google Duo calls, Slack, Gotomeeting, etc. (any recorded internet-based video communication/presentation/instruction product) for the period of time 01-01-20 through 4-22-21 I am requesting a digital copy to be produced via internet web link.

The District search for these digitally recorded videos should include all computers and digital storage devices owned, operated, or controlled by the District.

The District search for these digitally recorded videos should also include a search of all computers and digital storage devices owned, operated, or controlled by District employees if the digital video was recorded on equipment provided to the employee by the District, or if the digital video recording contains content relating to District agency related matters.

I request the digital video files to be delivered unedited whenever possible and in the original format in which the files were digitally recorded and stored.

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 internet web link or e-mail attachment if available or by 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.

Sincerely,

Anon Request

*********************************************************************************************************

From: Muckrock Staff
04/29/2021

To Whom It May Concern:

I wanted to follow up on the following Washington Public Records Act request, copied below, and originally submitted on April 22, 2021. 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
04/29/2021

PRR 04262021-Anon-Muckrock
Dear Requestor:
Thank you for your inquiry.

*********************************************************************************************************

From: Bellevue School District
05/03/2021

PRR 04262021-Anon-Muckrock
Dear Requestor:
In this message, on behalf of the Bellevue School District, I am completing the District's initial response to your request, making a first installment of responsive records, and posing some clarification questions to you.
I understand your request, received April 26, 2021, to be:

Digital copies of all video recordings of internet-based video calls, meetings, training sessions, town halls, school board meetings, and google classroom sessions in the District's care, custody, or control recorded between the dates 01-01-20 through 4-22-21.

To clarify, if the District is in possession of any digital recordings of Zoom meeting calls, Skype Sessions, Google Duo calls, Slack, Gotomeeting, etc. (any recorded internet-based video communication/presentation/instruction product) for the period of time 01-01-20 through 4-22-21 I am requesting a digital copy to be produced via internet web link.

The District search for these digitally recorded videos should include all computers and digital storage devices owned, operated, or controlled by the District.

The District search for these digitally recorded videos should also include a search of all computers and digital storage devices owned, operated, or controlled by District employees if the digital video was recorded on equipment provided to the employee by the District, or if the digital video recording contains content relating to District agency related matters.

I request the digital video files to be delivered unedited whenever possible and in the original format in which the files were digitally recorded and stored.

Your request is potentially exceedingly voluminous and will be completed in a series of installments. This message contains the first installment, addressing recorded "school board meetings" and "classroom sessions."

Response with respect to video recordings of school board meetings
Videos of school board meetings are posted on the District's website. You may retrieve them as follows:
Go to https://bsd405.org/about/school-board/. Scroll down and select "Go to BoardDocs." In BoardDocs, select "Meetings" from the ribbon at top right. On the left, use the dropdown menu to select the date of meeting in which you have an interest. When you select the date of any Regular Meeting of the Board of Directors, an icon labelled "Watch video" will appear. In most cases, these video recordings contain audio content only. Records referred to may be viewed by clicking on the "View the Agenda" icon.

Response with respect to recorded classroom sessions
The District does not use "google classroom sessions." Further, where students are present or referred to in any recorded classroom session, those records are fully exempt under RCW 42.56.230(1) (personal information in any files maintained for students in public schools); and under RCW 42.56.070(1) (exemptions authorized outside PRA) and the Family Educational Rights and Privacy Act (FERPA), 20 USC section 1232g (education records or any personally identifiable information in education records is exempt from disclosure to third parties without adult student or parent consent).

Generally, with respect to other types of recordings
Please see the following links to the District's website, where recent District-wide town hall meetings and other types of recordings may be or may have been posted:
District website: https://bsd405.org/
Facebook: https://www.facebook.com/bsd405<https://nam02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.facebook.com%2Fbsd405&data=04%7C01%7Cpublicrecords%40bsd405.org%7C5508a3f2a3e1401be6d008d90b411fb4%7C994a41397c06491e809879006d575de0%7C0%7C0%7C637553196587929667%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=8kzBso1VJsyXO5FMpes0bPoT7Kdu%2B4k5PyDGD0Cq13M%3D&reserved=0>
Twitter: https://twitter.com/TheBSD405<https://nam02.safelinks.protection.outlook.com/?url=https%3A%2F%2Ftwitter.com%2FTheBSD405&data=04%7C01%7Cpublicrecords%40bsd405.org%7C5508a3f2a3e1401be6d008d90b411fb4%7C994a41397c06491e809879006d575de0%7C0%7C0%7C637553196587939661%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=Nt4p%2BP29zz7Vyudzs4v8wAhoH9z3z7sgp4ZOyldfoG8%3D&reserved=0>
Instagram: https://www.instagram.com/bellevueschools405/<https://nam02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.instagram.com%2Fbellevueschools405%2F&data=04%7C01%7Cpublicrecords%40bsd405.org%7C5508a3f2a3e1401be6d008d90b411fb4%7C994a41397c06491e809879006d575de0%7C0%7C0%7C637553196587939661%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=UcBzaQQeyD%2BVRW2NvoEvSntMLFsa89obn403NAkwVF0%3D&reserved=0>

Clarification Questions
Assembly and review work is proceeding with respect to the other types of recordings you have identified, i.e., "internet-based video calls," "meetings," "training sessions," and "town halls." Before the District will be able to proceed, your answers to the following clarification questions will be required.

Clarification Questions

1. Some "town halls" are conducted at the District level and some are conducted at a school building level. The District has 29 schools, any of which may have conducted and recorded "town halls" with its student and parent communities. Many town hall meetings, especially at the building level, are likely to contain information protected by FERPA (cited above). Please advise if you are interested only in recordings of District-wide town hall meetings.
2. Digital recordings of "internet-based video calls, meetings, [and] training sessions" are not centrally maintained. Retrieval of such recordings would require communication with approximately 2,500 District employees who may have recorded such a call, meeting, or training session. The volume of potentially responsive records may be exceedingly high and may require hundreds or thousands of hours of content review to identify exempt material. If exemptions apply, a technologically complicated and extremely time-consuming redaction process may be required, for which you would likely have to pay, because the District does not have the technological and staff resources to perform such redactions, especially on a massive scale. Please clarify whether you will continue to seek such records, and, if so, specify your request, e.g., by type of content, dates, or originator, so that the District can efficiently provide you with information that is in fact meaningful to you.
3. Digital recordings of "training sessions" are likely to be subject to copyright protection, and trade secret or other proprietary exemptions. A consideration of the release of such recordings would in most cases require review by the content owner or originator, to identify protected content. If exemptions apply, a technologically complicated and extremely time-consuming redaction process may be required, for which you would likely have to pay, because the District does not have the technological and staff resources to perform such redactions, especially on a massive scale. Please clarify whether you will continue to seek such records, and, if so, specify your request, e.g., by type of content, dates, or originator, so that the District can efficiently provide you with information that is in fact meaningful to you.
4. Additionally, although you state that your request is not commercial in nature, in many cases the digital recordings of "internet-based video calls, meetings, training sessions [and] town halls" would inherently contain lists of individuals, identifiable by the fact that they would in many cases be shown as signed in to the call, meeting, training session, or town hall. Therefore, your request for such materials requires a commercial purposes inquiry. Please complete the attached Commercial Purpose Declaration within 30 days if you intend to proceed with these portions of your request. If you do not return the Declaration, your request will be closed.

Please answer these clarification questions within 30 days, that is, on or before June 2, 2021. The District's analysis and assessment of your request may result in additional clarification questions.
If additional materials are identified that can be disclosed to you, subject to the issues expressed in the clarification questions above, I estimate July 15 as a tentative next installment date. However, that estimate may have to be altered, depending on your answers to the clarification questions above.
I am glad to assist you if you wish to discuss.
Finally, it is possible that there may be a delay in our communications due to firewalls in the District's email system that flag emails that appear to be spam or solicitations. In my experience, that can be remedied by the identification of a named sender. Please consider providing a named sender (in some way that will protect your anonymity, if you still wish to preserve it) if that appears to be a problem (e.g., in why you apparently thought the District received your request on April 22, when in fact it was received on April 25, a weekend day, and was deemed received on April 26).
Best regards,

Helen A. Boyer
Public Records Officer
Bellevue School District No. 405
publicrecords@bsd405.org<mailto:publicrecords@bsd405.org>

*********************************************************************************************************

From: Anon Request
05/06/2021

To: Helen A. Boyer
Public Records Officer
Bellevue School District No. 405
publicrecords@bsd405.org

May 6, 2021

RE: 1st installment, addressing recorded "school board meetings" and "classroom sessions."

Hello Ms. Boyer,

Please see my responses to your 1st installment and answers to your requests for clarification:

With respect to video recordings of school board meetings

Videos of school board meetings are posted on the District's website. You may retrieve them as follows:
Go to https://bsd405.org/about/school-board/. Scroll down and select "Go to BoardDocs." In BoardDocs, select "Meetings" from the ribbon at top right. On the left, use the dropdown menu to select the date of meeting in which you have an interest. When you select the date of any Regular Meeting of the Board of Directors, an icon labelled "Watch video" will appear. In most cases, these video recordings contain audio content only. Records referred to may be viewed by clicking on the “View the Agenda” icon.

Response: Thank you.

With respect to recorded classroom sessions

The District does not use "google classroom sessions." Further, where students are present orreferred to in any recorded classroom session, those records are fully exempt under RCW 42.56.230(1) (personal information in any files maintained for students in public schools); and under RCW 42.56.070(1) (exemptions authorized outside PRA) and the Family Educational Rights and Privacy Act (FERPA), 20 USC section 1232g (education records or any personally identifiable information in education records is exempt from disclosure to third parties without adult student or parent consent).

Response:

With all due respect, while digital video recordings where students are present or referred to certainly could be wholly exempt from disclosure to third parties, this is certainly not always going to be the case. Public records act exemptions are subject to very specific State and Federal statutes and circumstances.

The request for copies of any digital video recordings of classroom sessions for the requested period of time is not necessarily exempt in whole. The District has the responsibility to search for digital video recordings of classroom sessions and then redact student information where appropriate under statute, then producing the remainder of the non-exempt record or in this matter digital video file.

Quite probably digital video recordings wholly or partially redacted by the District based on specific exemptions would still provide the requestor the name of the video file, the date and time of the recording, the length of the recording, the place of recording, the method of recording, the storage location of the digital video file itself, metadata not subject to redaction, and more.

From the BELLEVUE SCHOOL DISTRICT – Public Records Request Website:

https://bsd405.org/departments/records/public-records/

“If the record requested for inspection and/or copying contains both information exempted from disclosure and nonexempt information, the District will produce as much of the record as possible, with the exempt portion redacted, and will provide a written explanation for the redaction.”

Please search for and provide digital video recordings of classroom sessions and redact where appropriate.

Generally, with respect to other types of recordings

Please see the following links to the District's website, where recent District-wide town hall meetings and other types of recordings may be or may have been posted Facebook, Twitter, and Instagram <links omitted>

Response: Thank you.

Clarification Questions

Assembly and review work is proceeding with respect to the other types of recordings you have identified, i.e., "internet-based video calls," "meetings," "training sessions," and "town halls." Before the District will be able to proceed, your answers to the following clarification questions will be required.

Clarification Questions

1. Some "town halls" are conducted at the District level and some are conducted at a school building level. The District has 29 schools, any of which may have conducted and recorded "town halls" with its student and parent communities. Many town hall meetings, especially at the building level, are likely to contain information protected by FERPA (cited above). Please advise if you are interested only in recordings of District-wide town hall meetings.

Again, please refer to my response regarding the production of digital video recordings of classroom sessions and Bellevue School District policy regarding providing as much of the record as possible, with the exempt portions redacted, and then providing a written explanation for any redactions.

I am requesting all digital video recordings for the time period specified.

2. Digital recordings of "internet-based video calls, meetings, [and] training sessions" are not centrally maintained. Retrieval of such recordings would require communication with approximately 2,500 District employees who may have recorded such a call, meeting, or training session. The volume of potentially responsive records may be exceedingly high and may require hundreds or thousands of hours of content review to identify exempt material. If exemptions apply, a technologically complicated and extremely time-consuming redaction process may be required, for which you would likely have to pay, because the District does not have the technological and staff resources to perform such redactions, especially on a massive scale. Please clarify whether you will continue to seek such records, and, if so, specify your request, e.g., by type of content, dates, or originator, so that the District can efficiently provide you with information that is in fact meaningful to you.

Response:

It is unfortunate the District has chosen not to centrally maintain digital video recordings subject to public record requests. It may be prudent for the District to draft policy (should no policy currently be in place) governing the approximately 2,500 District employees who are directed or may choose to produce digital video recordings subject to public records requests.

As you know under the Public Records Act, agencies cannot charge for the time staff time spend locating a public record or making it available for inspection (including any time spent reviewing or redacting records).
The Bellevue School Board found that it would be “unduly burdensome to calculate the actual costs of providing copies of public records, given the multiple electronic and manual devices used to do so, as well as the fluctuating costs of District supplies, equipment, and labor.”

Accordingly, the District adopted the “Statutory default cost” option for calculating fees:

“The District has determined it will not calculate actual costs for copying records for the reasons set forth in Policy 4040. The District will apply the fees and costs as authorized in RCW 42.56.120 and as published in the agency's fee schedule.”

The fees for production of digital video recordings under the statutory default cost option are as follows:

Electronic Documents: $0.05 per every four electronic files and/or email.
Transmission of electronic records: $0.10 per gigabyte.

A 1 Hour time length digital video recording of a ZOOM online video meeting results in a digital video file of approximately 1.2 gigabytes in size. Using these approximate calculations (4) 1-hour digital video recordings (1.2 Gb in size) produced by the district would generate fees of (4 files) x (.05) x (.10) = .60 or 60 cents. The fees may be marginally higher should the District choose to produce the requested files on CD-ROM. The District may charge the requestor for the cost of the CD-ROM itself as well as any postage.

If in the regular course of agency business the District and it’s approximately 2,500 public employees have the technological capability to record and store digital videos on publicly owned computers and devices, the District certainly has the staff and technological ability to produce these digital videos subject to the Public Records Act.

To answer your question “Please clarify whether you will continue to seek such records, and, if so, specify your request” I do continue to seek such records. I have specified the records requested for a specific time period in my original public records request.

For efficiencies sake I would suggest the District designate a central digital repository on District computer servers to store all digital video files subject to public record requests and then to instruct all District employees to upload any digital video recordings for the requested time period to the designated central digital repository for review and production under the PRA.

Of course recording, storing, and digitally transmitting digital video files is not technologically complicated and also comprises a regular function of various District employees on a daily basis.

3. Digital recordings of "training sessions" are likely to be subject to copyright protection, and trade secret or other proprietary exemptions. A consideration of the release of such recordings would in most cases require review by the content owner or originator, to identify protected content. If exemptions apply, a technologically complicated and extremely time-consuming redaction process may be required, for which you would likely have to pay, because the District does not have the technological and staff resources to perform such redactions, especially on a massive scale. Please clarify whether you will continue to seek such records, and, if so, specify your request, e.g., by type of content, dates, or originator, so that the District can efficiently provide you with information that is in fact meaningful to you.

Copyright is subject to certain limited exemptions and the District should redact accordingly. I do continue to seek these records. Please see my earlier responses.

4. Additionally, although you state that your request is not commercial in nature, in many cases the digital recordings of "internet-based video calls, meetings, training sessions [and] town halls" would inherently contain lists of individuals, identifiable by the fact that they would in many cases be shown as signed in to the call, meeting, training session, or town hall. Therefore, your request for such materials requires a commercial purposes inquiry. Please complete the attached Commercial Purpose Declaration within 30 days if you intend to proceed with these portions of your request. If you do not return the Declaration, your request will be closed.

Response regarding your commercial purpose inquiry and declaration:

The PRA prohibits the disclosure of “lists of individuals” for a commercial purpose (RCW 42.56.070(8)). Digital video recordings by their very nature do not contain an electronic record that can be sorted as could an Excel spreadsheet or Word document. I renew my declaration contained in my original public records request: I am not seeking a list of any kind, nor a list of individuals or businesses.

In my original public records request I specifically declared the request was not being made for commercial purposes, a requirement of the Public Records Act. I incorporate by reference my original public records request and declaration dated 4-22-21:

“Request for digital copies of all internet video call recordings in the District's care, custody, or control recorded between the dates 01-01-20 through 4-22-21 (Bellevue School District).”

This declaration satisfies all requirements of RCW 42.56 regarding prohibitions on lists and commercial purposes.

This concludes my response to your requests for clarification.

I look forward to the District production of non-exempt digital video recordings.

Thank you.

*********************************************************************************************************

From: Bellevue School District
05/07/2021

PRR 04262021-Anon-Muckrock
Dear Requestor:
Thank you for that prompt response. Please refer to the PRR number above in the subject line of your correspondence with the District.
Costs
Your response neglects to refer to the customized service charge provision at page 7 of the District’s Procedure 4040P, https://bsd405.org/wp-content/pdf/policy/4040P.pdf.
In order to develop a centralized location for storage and access services for what may be thousands of hours of digital video recordings, and to acquire and/or develop the technology expertise to prepare that compiled data for production to you, when such compilations and customized access services are not used by the District for any other District purpose, the District would have to assess a customized service charge.
Please advise if you would like to amend your request in order to avoid or reduce the cost of a customized service charge.
Additionally, the District’s Procedure at pp 7-8 permits it to make an alternative fee arrangement with any requestor in response to a voluminous request.
It may be possible to discuss an arrangement, for example, by which you could partially reduce the cost of a customized service charge by inspecting the recorded videos in person and selecting those records of which you wish to obtain a copy. We could consider setting up an area in which you could inspect such recordings. You would not be permitted to take any kind of recording device into that area.

Declaration of Commercial Purpose
There is nothing in RCW 42.56.070(8) that states that a list must be in Excel or another sortable format to be subject to the commercial purpose declaration. The names of participants in many digital recordings are in the form of lists. Please complete the Commercial Purpose Declaration, which I have again attached for your reference, by June 2, 2021.

I will await your response.
Best regards,

Helen A. Boyer
Public Records Officer
Bellevue School District No. 405
publicrecords@bsd405.org<mailto:publicrecords@bsd405.org>

*********************************************************************************************************
From: Anon Request
05/25/2021

May 10, 2021

PRR 04262021-Anon-Muckrock

Hello Ms. Boyer,

Please see my responses to your communication of 05-07-2021:

Thank you for that prompt response. Please refer to the PRR number above in the subject line
of your correspondence with the District.

Costs
Your response neglects to refer to the customized service charge provision at page 7 of the
District’s Procedure 4040P, https://bsd405.org/wp-content/pdf/policy/4040P.pdf.

Response: No customized service charge applies to this public records request.

See RCW 42.56.120 (3)(a)(i):
“A customized service charge may only be imposed if the agency estimates that the request would
require the use of information technology expertise to prepare data compilations, or provide
customized electronic access services when such compilations and customized access services are not used by the agency for other agency purposes.”

This public records request does not seek a data compilation, only digital video recordings.

This public records request does not require customized electronic access services not used by the
District for other District purposes.

This public records request is seeking copies of digital video recordings in the care, control, or
possession of the District.

The District can produce these recordings without the need for special or extraordinary information
technology personnel, hardware, or software.

The digital video recordings requested were not generated or created by specialized information
technology personnel, and no special information technology is required to produce digital recordings in response to this request.

The District bears the burden of redacting public records (including digital video recordings) and cannot charge the records requestor for the time and cost of redaction.

The District can charge for the copy and transmission of these digital video recordings at the rates per
file and per GB transmitted as previously established.

In order to develop a centralized location for storage and access services for what may be
thousands of hours of digital video recordings, and to acquire and/or develop the technology
expertise to prepare that compiled data for production to you, when such compilations and
customized access services are not used by the District for any other District purpose, the
District would have to assess a customized service charge.

Response: The District need not develop any centralized location for storage and access of digital video recordings. In my previous response to you I was simply making a suggestion as to how (in my personal opinion) the District could more efficiently process digital video recordings as public records. The District is under no obligation to create a central repository for digital video recordings and I am not requesting the District do so.

Please advise if you would like to amend your request in order to avoid or reduce the cost of a
customized service charge.

Response: As I stated earlier, no customized service charge is warranted for this public records request for digital video recordings. If you feel I am mistaken, please explain as per RCW 42.56.120 (3)(b):

1. Please explain why a customized service charge applies?
2. Please provide a description of the specific expertise warranting the application of a customized
service charge.
3. Please provide a reasonable estimate of the cost of the customized service charge.

Additionally, the District’s Procedure at pp 7-8 permits it to make an alternative fee
arrangement with any requestor in response to a voluminous request.
It may be possible to discuss an arrangement, for example, by which you could partially reduce
the cost of a customized service charge by inspecting the recorded videos in person and
selecting those records of which you wish to obtain a copy. We could consider setting up an
area in which you could inspect such recordings. You would not be permitted to take any kind
of recording device into that area.

Response: No thank you.

Declaration of Commercial Purpose
There is nothing in RCW 42.56.070(8) that states that a list must be in Excel or another
sortable format to be subject to the commercial purpose declaration. The names of
participants in many digital recordings are in the form of lists. Please complete the
Commercial Purpose Declaration, which I have again attached for your reference, by June 2,
2021.

Response: You are correct, nothing in RCW 42.56.070(8) states a list must be in Excel or a sortable
format. I was only attempting to provide an example of what the courts and Washington State Statute
has defined as a “list” under RCW 42.56.070(8). In any event, the application of RCW 42.56.070(8)
concerns a public records request seeking a “list” of natural individuals.

With all due respect, the names of participants displayed in a digital video recording is not a “list” as
defined by RCW 42.56.070(8):
“This chapter shall not be construed as giving authority to any agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives to give, sell or provide access to lists of individuals requested for commercial purposes, and agencies, the office of the secretary of the senate, and the office of the chief clerk of the house of representatives shall not do so unless specifically authorized or directed by law: PROVIDED, HOWEVER, That lists of applicants for professional licenses and of professional licensees shall be made available to those professional associations or educational organizations recognized by their professional licensing or examination board, upon payment of a reasonable charge therefor: PROVIDED FURTHER, That such recognition may be refused only for a good cause pursuant to a hearing under the provisions of chapter 34.05 RCW, the administrative procedure act.”

Just as an email or any other document also not a “list,” the District has the option to redact any names that might be displayed in a digital video recording based on a valid exemption should there be one.

The Commercial Purpose Declaration form (affidavit) which you have provided titled “REQUEST FOR
LIST OF NAMES” does not apply to this Public Records request as no list of names was requested in the original public records request and the District has the option to redact any responsive videos files produced under the law.

This concludes my response.

I look forward to the District production of non-exempt digital video recordings as soon as possible.

Thank you.

*********************************************************************************************************
From: Muckrock Staff
05/25/2021

To Whom It May Concern:

I wanted to follow up on the following Washington Public Records Act request, copied below, and originally submitted on April 22, 2021. 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
05/25/2021

PRR 04262021-Anon-Muckrock

Dear Requestor:
A second installment responsive to your request, received April 26, 2021, is being prepared and is expected to be released to you on or before May 26, 2021.
If, as you appear to assert, you do not have a commercial purpose, please return a completed Commercial Purpose Declaration. This is to your advantage if in fact you have no commercial purpose. The District is authorized to make these inquiries of you. The Declaration is due on or before June 2, 2021. I have, for a third time, attached a blank Declaration to you for completion.
The District’s position is that you are requesting a “list” in Washington State as that term is used in RCW 42.56.070(8).
If the header “Request for List of Names” in the Declaration does not apply, in your opinion, to your request, you have the option to strike it and initial the strikeout. However, you are required to return a completed Declaration that is otherwise fully responsive.

If maintaining your anonymity is a concern, please note that your request, as maintained on the District’s request log, would still reflect that it was made by an anonymous requestor. I could agree to continue to correspond with you on an anonymous basis. However, your name and signature are required on the Declaration.

The District is continuing to determine whether a customized service charge will be required.
Best regards,

Helen A. Boyer
Public Records Officer
Bellevue School District No. 405
publicrecords@bsd405.org<mailto:publicrecords@bsd405.org>

*********************************************************************************************************

From: Bellevue School District
05/27/2021

PRR 04262021-Anon-Muckrock

Dear Requestor:
Work is ongoing with respect to the next planned installment. I am hopeful you will have additional records this week, by May 28, 2021.
Best regards,

Helen A. Boyer
Public Records Officer
Bellevue School District No. 405
publicrecords@bsd405.org<mailto:publicrecords@bsd405.org>

*********************************************************************************************************

From: Bellevue School District
05/27/2021

PRR 04262021-Anon-Muckrock

Dear Requestor:

On behalf of the Bellevue School District, I am making a second installment to your request received April 26, 2021:

Digital copies of all video recordings of internet-based video calls, meetings, training sessions, town halls, school board meetings, and google classroom sessions in the District's care, custody, or control recorded between the dates 01-01-20 through 4-22-21.

Further with respect to the categories of video recordings of internet-based meetings, training sessions, town halls, and school board meetings, please see the following link to the District's YouTube channel:

https://www.youtube.com/channel/UCb4Hoh9cTgXul7qYHH1nwmA

You may sort by date on the Channel.

In this second installment and the District's first installment on May 3, 2021, you have been provided with links to the District's centrally stored video recordings, on its website, on the specialized section of the website for Board materials, and on the District's Facebook, Instagram, Twitter, and YouTube sites.

The District has advised you that where students are present or referred to in any video call or recorded classroom session, those records are fully exempt. You cannot walk in off the street into a parent or student meeting with a teacher, or into a classroom of students. Similarly, you are not entitled to the content of digital video calls with parents or students, or to the content of a remotely conducted classroom.

Please advise if the extensive records you have been provided are sufficient for your purposes.

As set forth in my message to you dated May 3, 2021, a next phase of records production would require disruptive and time-consuming recovery from individual employees, added storage capacity, extensive and time-consuming copying of recorded video into redactable formats and/or for the purpose of creating a copy for redaction, and review, analysis, and anticipated redaction of exempt material. This is likely to require the purchase of hardware and software that is not presently available to nor within the technical expertise of staff that responds to public records. As I have advised you, the District is evaluating the costs of customized service charges that would be associated with those purchases and tasks. The copying is likely to require software and hardware purchases, training, and added staff. There may also be additional costs of storage devices and data transmission for which you would be responsible.

If you require additional records, I estimate a next installment in response to your request will be September 23, 2021. This estimate considers the factors described above, as well as the fact that many of the staff from whom such records would be assembled will soon be leaving for the summer break.

Additionally, the District cannot proceed further until it receives and has evaluated a completed and signed Commercial Purpose Declaration, for the reasons that have been explained to you. The Declaration is due on or before June 2, 2021.
Best regards,

Helen A. Boyer
Public Records Officer
Bellevue School District No. 405
publicrecords@bsd405.org<mailto:publicrecords@bsd405.org>

*********************************************************************************************************

From: Anon Request
05/29/2021

May 29, 2021

Hello Ms. Boyer,

Thank you for your communications dated 5-25-21 and 5-27-21.

My response is as follows:

YOU STATED:
“Dear Requestor:

On behalf of the Bellevue School District, I am making a second installment to your request received April 26, 2021:
Digital copies of all video recordings of internet-based video calls, meetings, training sessions, town halls, school board meetings, and google classroom sessions in the District's care, custody, or control recorded between the dates 01-01-20 through 4-22-21.

Further with respect to the categories of video recordings of internet-based meetings, training sessions, town halls, and school board meetings, please see the following link to the District's YouTube channel:

https://www.youtube.com/channel/UCb4Hoh9cTgXul7qYHH1nwmA

You may sort by date on the Channel.”

MY RESPONSE:

Thank you for the links to the District’s website, YouTube channel, Twitter feed, Facebook and Instagram accounts. However please note, the original public records request is for “Digital copies of all video recordings of internet-based video calls, meetings, training sessions, town halls, school board meetings, and google classroom sessions…” The various links you have provided do not contain any digital copies of the video recordings originally requested. Also, the links do not provide information about what digital video files have been produced, and which have been withheld in their entirety, nor which digital video files have been edited and for what reason.

To be clear, this public records request is seeking digital copies of specific digital media files, not links to stream partial content of the original files without a detailed exemption log explaining what has been withheld and why.

YOU STATED:

“Please advise if the extensive records you have been provided are sufficient for your purposes.”

MY RESPONSE:
Hyperbole aside, no requested records (digital media files) have been produced. Links to 3rd party subscription based streaming media sites are not the records that have been requested.

YOU STATED:
“The District has advised you that where students are present or referred to in any video call or recorded classroom session, those records are fully exempt. You cannot walk in off the street into a parent or student meeting with a teacher, or into a classroom of students. Similarly, you are not entitled to the content of digital video calls with parents or students, or to the content of a remotely conducted classroom.”

MY RESPONSE:

With all due respect, any recorded digital video files (records) in the possession of the District where students are present or referenced are NOT FULLY EXEMPT. Rather these digital video files could potentially be partially exempt and some exemptions may be subject to redaction by the District. Any such exemptions applied are required to be recorded in an accompanying detailed exemption log for review by the requestor.

Examples of what may not be fully exempt in any digital media file: the name of the digital media file, the type of file, the size of the file, various nonexempt portions of the file video content, the length of the recording, the date the file was created, and possibly much more.

All citizens are “entitled” to review and/or copy public records in the District’s care, custody, or control subject to redaction by the District based on valid legal exemptions. Exemptions which the District is required to detail in an exemption log provided to the requestor for review.

Question: Is the District’s position that all digital video files in which a student is present or referenced are fully exempt and therefore will not be produced?

Question: If in fact it is the District’s position is that digital video files in which a student is present are fully exempt, is the District going to provide the required detailed exemption logs to the requestor, listing which digital video files are exempt and why?

YOU STATED:

“As set forth in my message to you dated May 3, 2021, a next phase of records production would require disruptive and time-consuming recovery from individual employees, added storage capacity, extensive and time-consuming copying of recorded video into redactable formats and/or for the purpose of creating a copy for redaction, and review, analysis, and anticipated redaction of exempt material. This is likely to require the purchase of hardware and software that is not presently available to nor within the technical expertise of staff that responds to public records. As I have advised you, the District is evaluating the costs of customized service charges that would be associated with those purchases and tasks. The copying is likely to require software and hardware purchases, training, and added staff. There may also be additional costs of storage devices and data transmission for which you would be responsible.”

MY RESPONSE:

The District’s responsibilities under the Public Records Act are clear. To address your comments point by point:

“disruptive and time-consuming recovery from individual employees”

Please see WAC 44-14-04003(3) “The agency should recognize that fulfilling public records requests is one of the agency's duties, along with its others.” These public employees created digital video files that are now public record. It is certainly not “disruptive” for public employees to produce identifiable public records.

“added storage capacity”

Question: Why the need for added storage capacity? Regardless, irrelevant under the Public Records Act.

“extensive and time-consuming copying of recorded video into redactable formats and/or for the purpose of creating a copy for redaction”

Again, irrelevant. All costs of preparation for responsive documents and any redactions if required is the sole responsibility of the District. No costs for collation or redaction may be passed on to the original requestor under the act. See WAC 44-14-07001:

WAC 44-14-07001 General rules for charging for copies.
(1) No fees for costs of locating records or preparing records for inspection or copying. An agency cannot charge a fee for locating public records or for preparing the records for inspection or copying. RCW 42.56.120.1 An agency cannot charge fees for a person to inspect or access records on the agency's public internet web site. An agency cannot charge a fee for access to or downloading records the agency routinely posts on its public internet web site prior to the receipt of a request unless the requestor has specifically requested that the agency provide copies of such records through other means. RCW 42.56.120 (2)(e).

An agency cannot charge a "redaction fee" for the staff time necessary to prepare the records for inspection, for the copying required to redact records before they are inspected, or an archive fee for getting the records from off-site. Op. Att'y Gen. 6 (1991). These are the costs of making the records available for inspection or copying and cannot be charged to the requestor.

“This is likely to require the purchase of hardware and software that is not presently available to nor within the technical expertise of staff that responds to public records.”

Untrue however if so, also irrelevant. As clearly stated, the District cannot assess fees for costs of locating records or preparing records for inspection or copying. The District is in possession of public records in the form of digital media files. These public records have been identified and requested per the Public Records Act and the District is required to produce these records in compliance with the act.”

“As I have advised you, the District is evaluating the costs of customized service charges that would be associated with those purchases and tasks. The copying is likely to require software and hardware purchases, training, and added staff. There may also be additional costs of storage devices and data transmission for which you would be responsible.”

MY RESPONSE:

As I requested previously, please provide a detailed accounting of the customized service charge the District believes applies to this public records request. I believe once the District produces a detailed record of any proposed customized service charge it will be simple to demonstrate the District is in error, and no customized service charge applies to this public records request under the PRA (RCW 42.56).

YOU STATED:

“If you require additional records, I estimate a next installment in response to your request will be September 23, 2021. This estimate considers the factors described above, as well as the fact that many of the staff from whom such records would be assembled will soon be leaving for the summer break.”

MY RESPONSE:

As I previously stated, no requested records have been produced by the District to date, and my previous request for the District to provide a detailed accounting of any proposed customized service charge is still outstanding. District staff vacations do not relieve the District of its responsibilities under the public records act.

Additionally the District should advise all employees, volunteers, contractors, and any other 3rd parties who may have care, custody, or control of any digital video files originally requested in PRR 04262021 to preserve these public records until this request is resolved.

Please consider WAC 44-14-04003(9) as constructive notice:
“WAC 44-14-04003(9) Preserving requested records. If a requested record is scheduled shortly for destruction, and the agency receives a public records request for it, the record cannot be destroyed until the request is resolved. RCW 42.56.100.8 Once a request has been closed, the agency can destroy the requested records in accordance with its retention schedule.”

YOU STATED:

“Additionally, the District cannot proceed further until it receives and has evaluated a completed and signed Commercial Purpose Declaration, for the reasons that have been explained to you. The Declaration is due on or before June 2, 2021.”

MY RESPONSE:

I previously addressed your multiple requests for a signed “REQUEST FOR LIST OF NAMES” document.

Digital video files are not a “list” as defined in RCW 42.56.070(8).

The Commercial Purpose Declaration form (affidavit) which you have provided titled “REQUEST FOR LIST OF NAMES” does not apply to this Public Records request as no list of names was requested in the original public records request and the District has the option to redact any names that might be displayed as a list in any digital video recording based on a valid exemption should there be one.

Question: Is it the District’s position that PRR 04262021 – this request for copies of digital video files will not proceed without the requestor signing the District’s “REQUEST FOR LIST OF NAMES” document?

At this point it certainly appears that the District is not applying a good faith interpretation of the statues governing public records, nor providing “fullest assistance" and "most timely possible action" (WAC 44-14-04003(3)) in processing PRR 04262021.

The District is constructively denying the processing of this public records request. I formally request an immediate denial review of PRR 04262021 by District legal counsel. If in a reasonable amount of time a denial review by the District does not provide the relief requested, I reserve the right under RCW 42.56.550 to seek Judicial review of the District’s position in Superior Court.

This concludes my response.

I look forward to the District production of non-exempt digital video recordings as soon as possible.

Thank you.

*********************************************************************************************************

From: Bellevue School District
06/01/2021

PRR 04262021-Anon-Muckrock
Dear Requestor:
On May 29, you appear to object, for the first time, following the District’s first installment to you dated May 3, 2021, and its second installment to you dated May 27, 2021, that you are not able to retrieve digital video recordings that you have requested, which are posted on the District’s public sites at the links that have been provided to you. You state, “The various links you have provided do not contain any digital copies of the video recordings originally requested.” That is not correct. You have been provided with access to hundreds of original digital video recordings that are responsive to your request.
Referring a requestor by means of a link to an agency’s publicly maintained webpage or website, on which requested records are or may be posted, is an appropriate manner in which to respond to a public records request.
I do not understand your objection in this regard. If you need assistance retrieving the digital video recordings posted on the sites to which I have provided links, please advise.

With respect to the Commercial Purposes Declaration, you have pointed out that it contained a caption, “Request for List of Names.” I offered to you the option of striking out that caption, and initialing your strikeout, if you believed the caption did not apply. To accommodate you further, I have attached a revised version of the Declaration in which that caption is removed. You may complete this version of the Declaration if you prefer. I will extend the due date for returning the Declaration, for your convenience, to June 8, 2021.
As you acknowledged on May 10, there is nothing in RCW 42.56.070(8) that states that a list is defined as one in Excel or another sortable format. A request that seeks a list of individuals is subject to an inquiry under RCW 42.56.080(2). The names of participants in many digital recordings are shown within the recording. For that reason, it is appropriate for the District to conduct an inquiry under RCW 42.56.080(2).

I have not represented that the District does not intend to produce additional records. To the contrary, I have appropriately informed you of the estimated timeframe for producing such records, and have explained the factors affecting that estimate.
As earlier noted, the District is evaluating a customized service charge.
Best regards,

Helen A. Boyer
Public Records Officer
Bellevue School District No. 405
publicrecords@bsd405.org<mailto:publicrecords@bsd405.org>

*********************************************************************************************************

From: Bellevue School District
06/01/2021

PRR 04262021-Anon-Muckrock
Dear Requestor:
With respect to your request for a “immediate denial review of PRR 04262021 by District legal counsel,” I understand you to be referring to Procedure 4040P, Public Access to District Records, https://bsd405.org/wp-content/pdf/policy/4040P.pdf ,
which provides at page 8:
Internal Review of Denials of Public Records
Petition for Internal Administrative Review of Denial of Access
Any person who objects to the initial denial or partial denial of a records request may petition in writing (including email) to the Public Records Officer for a review of that decision. The petition shall include a copy of or reasonably identify the written statement by the Public Records Officer or designee denying the request.
Consideration of Petition for Review
The Public Records Officer shall promptly refer the petition to a District official designated to conduct the review, who will immediately consider the petition and either affirm or reverse the denial within two business days following the District’s receipt of the petition, or within such other time to which the District and the requestor mutually agree.

If you intend to request an internal review, you may petition in writing under Procedure 4040P. “The petition shall include a copy of or reasonably identify the written statement by the Public Records Officer or designee denying the request.”

Your request has not been denied. You have been provided access to hundreds of digital copies of video recordings as you requested. Also, you have been provided with an estimated date of September 23, 2021 for a third installment.

If your request for a review under Procedure 4040P is intended to address the question of the District’s inquiry as to a commercial purpose under RCW 42.56.080(2), please identify that issue in the petition.
It is the District’s position that it has the right and statutory obligation under RCW 42.56.080(2) to conduct such an inquiry with respect to your request. The Declaration forms you have been provided explain the statutory basis for this obligation. Until you submit a completed and signed Commercial Purposes Declaration, and the District has completed its inquiry, the District will not be able to proceed to process additional potentially responsive recordings. The reason for this is that additional potentially responsive recordings may contain auditory and/or visual lists of individuals. In order to properly respond further to your request, and to avoid duplicative review and processing, the District needs to complete its inquiry as to whether your request has a commercial purpose.

Please advise whether you will complete the Commercial Purposes Declaration provided to you earlier today, as revised (attached), by the extended deadline of June 8, 2021.
Best regards,

Helen A. Boyer
Public Records Officer
Bellevue School District No. 405
publicrecords@bsd405.org<mailto:publicrecords@bsd405.org>

*********************************************************************************************************

From: Anon Request
06/04/2021

Subject: PRR 04262021

June 4, 2021

Hello Ms. Boyer,

Thank you for your communications dated 6-1-21.

My response is as follows:

YOU STATED:

“Dear Requestor:
On May 29, you appear to object, for the first time, following the District’s first installment to
you dated May 3, 2021, and its second installment to you dated May 27, 2021, that you are
not able to retrieve digital video recordings that you have requested, which are posted on the
District’s public sites at the links that have been provided to you. You state, “The various links
you have provided do not contain any digital copies of the video recordings originally
requested.” That is not correct. You have been provided with access to hundreds of original
digital video recordings that are responsive to your request.
Referring a requestor by means of a link to an agency’s publicly maintained webpage or
website, on which requested records are or may be posted, is an appropriate manner in which
to respond to a public records request.
I do not understand your objection in this regard. If you need assistance retrieving the digital
video recordings posted on the sites to which I have provided links, please advise.”

MY RESPONSE:

You provided links to STREAM or VIEW digital videos online. I have requested COPIES of the digital video
media files themselves. The links you have sent to not provide a digital copy of the original video, which
is what was originally requested.

From Wikipedia on the nature of Streaming Media:

Streaming media is multimedia that is delivered and consumed in a continuous manner
from a source, with little or no intermediate storage in network elements. Streaming refers to
the delivery method of content, rather than the content itself.

Streaming is an alternative to file downloading, a process in which the end-user obtains the
entire file for the content before watching or listening to it.

The links you provided to STREAM the digital video files all stream videos that appear to have been
edited. What content has been edited from the original videos? What are the file names of each digital
video file? When was each digital file created? In what format was each digital video file stored? Why
have you not provided exemption logs explaining what content was redacted or edited from each digital
media file and why? Which digital video files have been withheld in their entirety and why?

You provided “access” to STREAMS of “original” digital video recordings that have been edited. You are
correct in that if I had requested to “view” various digital video streams, the District providing a link to
publicly maintained websites to “view” the content of the videos would most likely satisfy such a
request. Links to stream video files do not satisfy this public records request.

This request is and always has been for DIGITAL COPIES of the ORIGINAL DIGITAL MEDIA VIDEO FILES
themselves. Preferably unedited and unredacted except were allowed by law, each file produced in its
original native digital media format. Delivered to the requestor via internet link or in the alternative on
data CD-ROM.

If in fact the links you have provided can provide an original copy of the original digital media video files
requested in original native digital format unedited, with the original dates of creation and file names
attached, then yes I do require assistance. I am unaware as to how to receive original unedited digital
video files from YouTube and Facebook Links.

Please see this partial YOUTUBE Terms of Service Agreement:

https://www.youtube.com/static?template=terms

“…Permissions and Restrictions
You may access and use the Service as made available to you, as long as you comply with
this Agreement and applicable law. You may view or listen to Content for your personal, non-
commercial use. You may also show YouTube videos through the embeddable YouTube
player.

The following restrictions apply to your use of the Service. You are not allowed to:
access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter,
modify or otherwise use any part of the Service or any Content except: (a) as expressly
authorized by the Service; or (b) with prior written permission from YouTube and, if
applicable, the respective rights holders…”

As the service agreement states “you are not allowed to… download” among other things the original
video files themselves. Please provide digital copies of all requested digital media files.

YOU STATED:

“With respect to the Commercial Purposes Declaration, you have pointed out that it contained
a caption, “Request for List of Names.” I offered to you the option of striking out that caption,
and initialing your strikeout, if you believed the caption did not apply. To accommodate you
further, I have attached a revised version of the Declaration in which that caption is removed.
You may complete this version of the Declaration if you prefer. I will extend the due date for
returning the Declaration, for your convenience, to June 8, 2021.”

Text from your “revised” Commercial Purposes Declaration PRR 04262021:

“Washington law prohibits the Bellevue School District from providing access to lists of
individuals when such lists are requested for commercial purposes. RCW 42.56.070(8).”

MY RESPONSE:

I have requested no list of individuals and this public records request is not for commercial purposes.
RCW 42.56.080(2):

” The Public Records Act expressly authorizes an agency to inquire as to a requestor’s purpose
when necessary, to determine whether the requestor is seeking a list of individuals for
commercial purposes. RCW 42.56.080(2).”

This public records request is not for commercial purposes of any kind. No list has been requested.
YOU STATED:

“The District cannot process your request without a signed declaration stating the
purpose of your request.”

MY RESPONSE:

I object. This statement is a violation of the Public Records Act:

RCW 42.56.080

Identifiable records—Facilities for copying—Availability of public records.
(2) Public records shall be available for inspection and copying, and agencies shall, upon
request for identifiable public records, make them promptly available to any person including,
if applicable, on a partial or installment basis as records that are part of a larger set of
requested records are assembled or made ready for inspection or disclosure. Agencies shall
not deny a request for identifiable public records solely on the basis that the request is
overbroad. Agencies shall not distinguish among persons requesting records, and such persons
shall not be required to provide information as to the purpose for the request except to
establish whether inspection and copying would violate RCW 42.56.070(8) or 42.56.240(14), or
other statute which exempts or prohibits disclosure of specific information or records to
certain persons.

RCW 42.56.070(8)

This chapter shall not be construed as giving authority to any agency, the office of the
secretary of the senate, or the office of the chief clerk of the house of representatives to give,
sell or provide access to lists of individuals requested for commercial purposes, and agencies,
the office of the secretary of the senate, and the office of the chief clerk of the house of
representatives shall not do so unless specifically authorized or directed by law: PROVIDED,
HOWEVER, That lists of applicants for professional licenses and of professional licensees shall
be made available to those professional associations or educational organizations recognized
by their professional licensing or examination board, upon payment of a reasonable charge
therefor: PROVIDED FURTHER, That such recognition may be refused only for a good cause
pursuant to a hearing under the provisions of chapter 34.05 RCW, the administrative
procedure act.

RCW 42.56.070(8) does not apply. Digital video files are not “lists of individuals requested for
commercial purposes.”

RCW 42.56.240(14):

Body worn camera recordings to the extent nondisclosure is essential for the protection of
any person's right to privacy as described in RCW 42.56.050, including, but not limited to, the
circumstances enumerated in (a) of this subsection. A law enforcement or corrections agency
shall not disclose a body worn camera recording to the extent the recording is exempt under
this subsection.

RCW 42.56.240(14) does not apply. The District is not a law enforcement agency. No body worn camera
videos have been identified to date in this records request.

YOU STATED:

“If the District has not received a completed declaration within thirty (30) days of today’s
date, your request will be closed.”

This District lacks the statutory authority to close this public records request without due process. Please
advise if the District has closed this records request. If so, it is this requestor’s intention to seek
equitable relief in Superior Court.

Text from your “revised” Commercial Purposes Declaration PRR 04262021:

“I, <Printed name of Requestor> have made a public records request for a list of individuals.”

I have made no such request.

Text from your “revised” Commercial Purposes Declaration PRR 04262021:

“My request was made for, on behalf of, or with an intent to provide or consider providing the
response to, the following person or persons, entity, association, or organization (if
applicable):”

Not applicable.

Text from your “revised” Commercial Purposes Declaration PRR 04262021:

“The purpose of my request for a list of individuals is:”

Agencies shall not distinguish among persons requesting records, and such persons shall not be required
to provide information as to the purpose for the request except to establish whether inspection and
copying would violate RCW 42.56.070(8) or 42.56.240(14), or other statute which exempts or prohibits
disclosure of specific information or records to certain persons.

Text from your “revised” Commercial Purposes Declaration PRR 04262021:

“I hereby declare, under penalty of perjury under the laws of the State of Washington, that
the list of individuals that I have requested from the Bellevue School District will not be used
for any commercial purpose.”

I have requested no list of individuals and this public records request is not for commercial purposes.

YOU STATED:

“The names of participants in many digital recordings are shown within the recording. For that
reason, it is appropriate for the District to conduct an inquiry under RCW 42.56.080(2).”

My answer to the District’s inquiry: I have requested no list of individuals for a commercial purpose. No
portion of this public records request seeks a list of individuals and no portion of this public records
request is for a commercial purpose of any kind.

This records request is for “digital copies of all internet video call recordings in the District's care,
custody, or control recorded between the dates 01-01-20 through 4-22-21” requests digital copies of
specific identifiable and subsequently identified public records.

It is in the best interests of the public that the District preserve all digital video file public records
requested, and provide copies of these public records as requested as soon as possible.

Thank you.

*********************************************************************************************************

From: Bellevue School District
06/04/2021

PRR 04262021-Anon-Muckrock
Dear Requestor:
You do not address in your response below my second email to you on June 1 at 5:17 PM Pacific Time with respect to your request for an internal review of your request under Procedure 4040P. I intend to assist you promptly if it is your intention to proceed in that regard. Please advise if you intend to proceed with an internal review. If so, please identify precisely the issues you wish to have reviewed by submitting a petition as described in Procedure 4040P. I will be able to refer a petition for an internal review upon receipt of a petition.

It is my understanding that videos posted on the sites I have provided to you can be downloaded. I will check further on that with our IT Department and advise further.

You state, “You provided “access” to STREAMS of “original” digital video recordings that have been edited.” (Emphasis in your text.) I am not aware of editing that may have been done in any of the posted videos, or how you may have formed such an opinion by viewing them. My understanding is that the posted videos are original, final records. Board of director meeting videos, for example, would not have been edited prior to being posted on BoardDocs and the District’s YouTube Channel.

If in a particular case there may have been an earlier version of a posted video, it is possible that the creator may have a draft of the video, which may be exempt under RCW 42.56.280, or which may have been in the form of an informal note and not a public record.

You also inquire about the name and date of videos, and their format. The name and date of posting are viewable in the platforms to which you have been given access. Dates of creation may be additionally stated within a video, if a video was created before it was posted. The records speak for themselves as to these questions.

As I have explained, by providing you the hundreds of videos you have been provided to date, the District is not concluding your request. Rather, the District has promptly provided to you the readily available records that exist. The District is not asserting exemptions in the videos you have been provided. The process of assembling additional videos created and maintained by individual staff persons is an enormous and lengthy task, for the reasons I have described to you.

Finally, please note that it is part of the District’s recordkeeping system that your PRR request number appear at the beginning of the subject line of emails pertaining to your request. In some of my reply correspondence to you, your subject line has been too long to permit the PRR number to be inserted, so I have had to delete or truncate some of your subject line. I would appreciate it if you can shorten your subject line in some manner and include the PRR number in all of your correspondence to this office.
Best regards,

Helen A. Boyer
Public Records Officer
Bellevue School District No. 405
publicrecords@bsd405.org<mailto:publicrecords@bsd405.org>

*********************************************************************************************************

From: Anon Request
06/14/2021

Subject: PRR 04262021

June 14, 2021

Hello Ms. Boyer,

Thank you for your communications dated 6-4-21.

My response is as follows:

YOU STATED:

“Dear Requestor:

You do not address in your response below my second email to you on June 1 at 5:17 PM Pacific Time with respect to your request for an internal review of your request under Procedure 4040P. I intend to assist you promptly if it is your intention to proceed in that regard. Please advise if you intend to proceed with an internal review. If so, please identify precisely the issues you wish to have reviewed by submitting a petition as described in Procedure 4040P. I will be able to refer a petition for an internal review upon receipt of a petition.

It is my understanding that videos posted on the sites I have provided to you can be downloaded. I will check further on that with our IT Department and advise further.”

MY RESPONSE:

I request an internal review per Procedure No. 4040P - Public Access to District Records. My petition for internal review follows at the end of this communication.

YOU STATED:

“You state, “You provided “access” to STREAMS of “original” digital video recordings that have been edited.” (Emphasis in your text.) I am not aware of editing that may have been done in any of the posted videos, or how you may have formed such an opinion by viewing them. My understanding is that the posted videos are original, final records. Board of director meeting videos, for example, would not have been edited prior to being posted on BoardDocs and the District’s YouTube Channel.

If in a particular case there may have been an earlier version of a posted video, it is possible that the creator may have a draft of the video, which may be exempt under RCW 42.56.280, or which may have been in the form of an informal note and not a public record.
You also inquire about the name and date of videos, and their format. The name and date of posting are viewable in the platforms to which you have been given access. Dates of creation may be additionally stated within a video, if a video was created before it was posted. The records speak for themselves as to these questions.”

MY RESPONSE:

To date you have provided zero requested records. No exemption logs of records you allege to have produced have been provided. No digital copies of any digital videos requested have been provided.
You have provided links to the following 3rd party services, none of which provide digital copies of the digital video files requested:

FACEBOOK

https://www.facebook.com/bsd405

NO ACCESS. NO DIGITAL VIDEO FILES AVAILABLE FOR DOWNLOAD.

INSTAGRAM

https://www.instagram.com/bellevueschools405/

NO ACCESS. NO DIGITAL VIDEO FILES AVAILABLE FOR DOWNLOAD.

TWITTER

https://twitter.com/TheBSD405

NO DIGITAL VIDEO FILES AVAILABLE FOR DOWNLOAD.

YOUTUBE

NO ACCESS. NO DIGITAL VIDEO FILES AVAILABLE FOR DOWNLOAD.

BOARDDOCS® A DILIGENT BRAND, © 2002-2021

District website: https://bsd405.org/

NO DIGITAL VIDEO FILES AVAILABLE FOR DOWNLOAD.

Again, none of the requested records have been provided. No exemption logs have been provided.

YOU STATED:

“As I have explained, by providing you the hundreds of videos you have been provided to date, the District is not concluding your request. Rather, the District has promptly provided to you the readily available records that exist. The District is not asserting exemptions in the videos you have been provided. The process of assembling additional videos created and maintained by individual staff persons is an enormous and lengthy task, for the reasons I have described to you.

MY RESPONSE:

No requested records have been provided. No exemption logs have been provided. The process of locating and providing copies of the digital video files originally requested (public records that have been properly identified under the PRA) is the legal obligation and responsibility of the District. Continuing to argue and object about the scope of the task is prohibited by the Public Records Act.
This public records request is not vague, nor overly broad in nature.

This public records request is for identifiable records.

This public records request does not seek records extraordinary in nature, nor does the request seek a complication of records to be produced, nor does the request seek a list or lists of any kind.
This public records request is in the best interest of the general public.

The District has the option to produce the public records in installments over time.

To date, the District has not produced a single record, nor has the District produced an exemption log of any kind.

YOU STATED:

“Finally, please note that it is part of the District’s recordkeeping system that your PRR request number appear at the beginning of the subject line of emails pertaining to your request. In some of my reply correspondence to you, your subject line has been too long to permit the PRR number to be inserted, so I have had to delete or truncate some of your subject line. I would appreciate it if you can shorten your subject line in some manner and include the PRR number in all of your correspondence to this office.
Best regards,

Helen A. Boyer
Public Records Officer
Bellevue School District No. 405”

MY RESPONSE:
I am not sure I understand what you are asking, however I will endeavor to do my best in assisting you with your internal record keeping if possible.

PETITION FOR INTERNAL REVIEW [THIS PETITION]

This concludes my response.

I look forward to the District production of non-exempt digital video recordings as soon as possible.

Thank you

*********************************************************************************************************

THIS CONCLUDES MY PETITION FOR INTERNAL REVIEW re: Procedure No. 4040P - Public Access to District Records

This concludes my response.

I look forward to the District production of non-exempt digital video recordings as soon as possible.

Thank you.

Subject: PRR 04262021

June 23, 2021

Hello Ms. Boyer,

I have received your communication dated 6-16-21.

My response is as follows:

YOU STATED:

“Dear Requestor:

In your June 14, 2021 message, you state that you have not been able to access records from the links provided to you to the District's Facebook and Instagram sites. My understanding is that Facebook and Instagram may require that you sign in to gain access.

I understand that you have been able to view but not download copies of records from the links provided to you to District's YouTube site, the District's website, the BoardDocs page within the District's website, and the District's Twitter account, and for that reason you are asking for copies of video recordings. Please confirm whether my understandings are correct.”

MY RESPONSE:

I have not requested identifiable public records from Facebook, Instagram, or any party not subject to the Washington State Public Records Act RCW 42.56. I have identified and requested digital copies of specific video recordings in the care, custody, or control of the Bellevue School District, a Washington State Public Agency. Copies of these digital video recordings were requested to be produced by the District via direct internet download link, email, or cd-rom.

Regarding the links provided to the District's YouTube site, the District's website, the BoardDocs page within the District's website, and the District's Twitter account, these links do not provide direct download access to the digital video recordings originally requested.

To “correct your understanding” the original public records request dated 04-26-2021 specifically requested the following:

“Digital copies of all video recordings of internet-based video calls, meetings, training sessions, town halls, school board meetings, and google classroom sessions in the District's care, custody, or control recorded between the dates 01-01-20 through 4-22-21.

To clarify, if the District is in possession of any digital recordings of Zoom meeting calls, Skype Sessions, Google Duo calls, Slack, Gotomeeting, etc. (any recorded internet-based video communication/presentation/instruction product) for the period of time 01-01-20 through 4-22-21 I am requesting a digital copy to be produced via internet web link.

The District search for these digitally recorded videos should include all computers and digital storage devices owned, operated, or controlled by the District.

The District search for these digitally recorded videos should also include a search of all computers and digital storage devices owned, operated, or controlled by District employees if the digital video was recorded on equipment provided to the employee by the District, or if the digital video recording contains content relating to District agency related matters.

I request the digital video files to be delivered unedited whenever possible and in the original format in which the files were digitally recorded and stored.

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 internet web link or e-mail attachment if available or by CD-ROM if not.”

Thank you.

Subject: PRR 04262021

November 19, 2021

Hello Ms. Boyer,

I have received your communications dated 9-29-21, 10-30-21, and 11-18-21.

My response is as follows:

YOU STATED:

“The estimated installment date of November 18 will be extended to December 1, 2021, due to continued extraordinarily high volume workloads in public records, now additionally affected by short staffing in this department, staff absences, and holiday closures, in addition to the reasons stated below."

However no reasons were "stated below."

Please explain.

On 12-1-21 it will have been over 7 months from the initial date of this public records request (4-25-21) without a single responsive record having been produced by the District.

What responsive records do you anticipate producing on 12-1-21 if any?

Thank you.

Hello Ms Boyer,

With all due respect, the District has not "assembled and produced hundreds of responsive records" as you now claim.

In fact, the District has denied me the opportunity to copy even a single requested public record since April 2021.

To date NO RECORDS have been produced by the District for copying.

This public records request is and always been for DIGITAL COPIES of digital video files.

Ms. Boyer, as you should be aware, an agency cannot respond to a public records request by telling the requestor to obtain the record from a second agency or from an unrelated third party, such as twitter, YouTube, or Facebook such as you attempted to do on 05.03.21 and 05.27.21. Hearst Corp. v. Hoppe, 90 Wn.2d 123, 132, 580 P.2d 246 (1978) and WAC 44-14-04004 - Responsibilities of agency in providing records.

I hope on 12.1.21 the most resent District quoted installment date the District begins to provide a first installment of COPIES of the public record digital video files originally requested on 04.25.21.

Thank you.

Hello Ms. Boyer,

Thank you for this 1st installment of records. However, you stated in your email this is the 3rd installment of records. If this is installment #3 please provide installments #1 and #2.

Questions regarding exemptions in this installment:

The exemption log you provided noted that eight (8) video files were withheld in their entirety based on exemption codes 1A (RCW 42.56.230(1), RCW 42.56.070(1), AND 20 USC § 1232g) and 10A (RCW 42.56.070(1),20 USC § 1232g,26 USC § 1603,RCW 82.32.330, RCW 84.08.2103) RCW 70.02.020(1).220-.260,42 USC § 1320d, 45 CFR Part 160.103, 45 CFR Part 164.104(b),Chapter 19.108 RCW, RCW 4.24.611(3),RCW 51.28.070,RCW 51.36.060, United States
Constitution, Washington State Constitution).

I object to the District's withholding of these video files in their entirety. These (8) video files are NOT entirely exempt, only portions of these video files may be. The District bears the responsibility to redact portions of these files where necessary and then provide the nonexempt portion of the video files as originally requested.

Please see:

WAC 44-14-04004 Responsibilities of agency in providing records.

(4) Failure to provide records. A "denial" of a request can occur when an agency: Fails to respond to a request; Claims an exemption of the entire record or a portion of it; Without justification, fails to provide the record after the reasonable estimate of time to respond expires;

(5) Claiming exemptions.

(a) Redactions. If a portion of a record is exempt from disclosure, but the remainder is not, an agency generally is required to redact (black out) the exempt portion and then provide the remainder. RCW 42.56.210(1). Withholding an entire record where only a portion of it is exempt violates the act.

Seattle Firefighters Union Local No. 27 v. Hollister, 48 Wn. App. 129, 132, 737 P.2d 1302 (1987).

Please redact as allowed by law and produce the non-exempt portions of the (8) video files the District has withheld in their entirety.

Thank you.

Hello Ms. Boyer,

July 8, 2022 has come and gone...
July 11, 2022 has come and gone...
July 18, 2022 has come and gone...
July 20, 2022 has come and gone...
July 26, 2022 has come and gone...
July 29, 2022 has come and gone...
August 3, 2022 has come and gone...

Today is August 9, 2022. What prevarications are you selling today? Vacations? "Over work" Nameless, unknown people are "sick?"

What's the latest excuse or will it just be more of the same?

I will fill in a quick response for you, you can fill in your latest date estimate in brackets [INSERT DATE]:

Dear Requestor:

Due to staff illness, in addition to high workload, the need to work remotely due to Covid 19 risks, and the complexity of your request, it was not possible to produce any public records as requested. The next estimated installment date is [INSERT DATE] Thank you for your patience.

Best regards,

Helen A. Boyer
"Public Records Officer"
Bellevue School District No. 405

Hello,

No offense, but I don't believe a word of this self-serving narcissistic debate drivel.

You have shown nothing but a consistent and steadfast lack of respect for the Public Records Act and Washington State Law.

You ignore most if not all questions you deem unhelpful to framing your self-serving personal narrative.

You continue to silently withhold responsive public records in violation of the Public Records Act.

In over 14 months you have produced almost nothing. You are required to redact and produce the hundreds if not thousands of videos in the District's possession.

Instead you have unilaterally deemed all these responsive records exempt. You are wrong.

You have not and do not perform adequate searches for responsive records if in fact you perform any search at all.

Your continued multiple attempts to limit each properly submitted public records request (illegally) for your own self-serving needs is inexcusable and you have been told to STOP.

You ridiculously continue to debate even the most simple concepts and seemingly congratulate yourself on your application of obtuse Clinton-esqe statements such as "I would need clarification of what the definition of is is?"

Here is how you can BEST SERVE ME (ME BEING THE PUBLIC):

1. Keep your personal problems to yourself forever and always. No one cares.
"I am one person in a small legal department of four persons." Irrelevant.
"I am the only person in the District whose primary responsibility is to respond to public records requests." Will this be the District’s defense in Superior Court for repeatedly violating RCW 42.56 by silently withholding repeatedly requested responsive documents for YEARS?
"I have other duties." Oh, wait I take it all back. You are right. RCW 42.56 and Washington State Law take a back seat, Helen has "other duties." Wait, umm no.
"Sometimes time-sensitive tasks intervene that require an adjustment of the estimated response dates to public record requests." Thanks mom. Like needlessly torturing members of the public with your endless self-serving Dr. Phil debates like this one?
"I am an optimist." Good for you. Again, see Dr. Phil.
"Absent special circumstances, I cannot prioritize the request of one person above that of other requestors, who are also waiting for records for which they have an earnest and important need that is meaningful to them." No one here ever asked you to prioritize anything, rather we just beg you to do you job and stop with the whining, arguing, and silent withholding. Meanwhile under what "special circumstances" would those be? I missed that non existent portion of the Public Records Act that imparts you with such power.

2. You are a public employee. Do your job.

3. Follow Washington State Law. Duh.

4. For the last time stop requesting this PRA to be limited in it's scope. This is not your business. Work as directed. Your clarification questions have been asked and answered REPEATEDLY.

HERE YOU GO AGAIN - ANSWERS TO YOUR CLARIFICATION QUESTIONS - YOU WILL NOTE THE ANSWER SHOULD SEEM FAMILIAR TO YOU (in quotes):

"From: Anon Request
RE: Request for digital copies of all internet video call recordings in the District's care, custody, or control recorded between the dates 01-01-20 through 4-22-21. (Bellevue School District)
04/25/2021

To Whom It May Concern:

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

Digital copies of all video recordings of internet-based video calls, meetings, training sessions, town halls, school board meetings, and google classroom sessions in the District's care, custody, or control recorded between the dates 01-01-20 through 4-22-21.

To clarify, if the District is in possession of any digital recordings of Zoom meeting calls, Skype Sessions, Google Duo calls, Slack, Gotomeeting, etc. (any recorded internet-based video communication/presentation/instruction product) for the period of time 01-01-20 through 4-22-21 I am requesting a digital copy to be produced via internet web link.

The District search for these digitally recorded videos should include all computers and digital storage devices owned, operated, or controlled by the District.

The District search for these digitally recorded videos should also include a search of all computers and digital storage devices owned, operated, or controlled by District employees if the digital video was recorded on equipment provided to the employee by the District, or if the digital video recording contains content relating to District agency related matters.

I request the digital video files to be delivered unedited whenever possible and in the original format in which the files were digitally recorded and stored.

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 internet web link or e-mail attachment if available or by 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.

Sincerely,

Anon Request"

Finally, a quick response on your unnecessary self-serving "how hard you have it" summary:

"Please note that your request is particularly complex and time-consuming to process. Each installment requires that I access a large database of stored videos. Each video must be reviewed carefully, which usually means watching it in its entirety, in order to determine if it contains exempt material. The large volume of the digital records produced requires special handling and transmission procedures, which adds to the time required to make each installment. Additionally, and importantly, many of the videos reviewed (about half of them, to date) are exempt. The most frequent basis for exemption has been confidential student information. That requires the preparation of exemption logs, which adds significantly to the time required for each installment."

We have received 5 installments not 6 installments. You also never provided a "cure" for the 3rd party referral videos that could not be copied as requested over a year ago. COPIES. Not links to 3rd party websites. Read the public records act. COPIES.

Most of your redactions and exemptions are improper and you continue to silently withhold responsive public records, both the videos you do not redact and the videos you silently withhold in full. If this continues, we do anticipate seeking judicial review. Most likely good news for you, as that appears what you are pushing for considering your District’s history with the Public Records Act, the many times suit has been filed against your District over this very practice, and your continued offensively dismissive response to the District's non-exhaustive obligations under the law concerning this public records request. A request which is now 15 Months and 3 weeks old with 28 videos produced out of what can only be conservatively speculated as tens of thousands of possible responsive videos.

Thank you.

11-26-23

via email to publicrecords@bsd405.org

Hello,

At this point, after 945 days and 16 records installments, I request that your agency demonstrate that an adequate search for the requested responsive public records has been conducted.

To demonstrate an adequate search “the agency may rely on reasonably detailed, nonconclusory affidavits submitted in good faith. These should include the search terms and the type of search performed, and they should establish that all places likely to contain responsive materials were searched.” Neighborhood All. of Spokane Cty. v. Spokane Cty., 172 Wn.2d 702,
721, 261 P.3d 119, 128 (2011).

Additionally, these affidavits should “specify which records were located, withheld, and on what basis nor did they provide “affidavits [that] give the requester a sufficient actual basis to determine that withheld material is indeed nonresponsive," as required by Nissen v. Pierce Cty., 183 Wn.2d 863, 886, 357 P.3d 45 (2015).

Please provide copies of all nonconclusory affidavits submitted in good faith by your agency demonstrating the District has conducted an adequate search for:

"Digital copies of all video recordings of internet-based video calls, meetings, training sessions, town halls, school board meetings, and google classroom sessions in the District's care, custody, or control recorded between the dates 01-01-20 through 4-22-21.

To clarify, if the District is in possession of any digital recordings of Zoom meeting calls, Skype Sessions, Google Duo calls, Slack, Gotomeeting, etc. (any recorded internet-based video communication/presentation/instruction product) for the period of time 01-01-20 through 4-22-21 I am requesting a digital copy to be produced via internet web link.

The District search for these digitally recorded videos should include all computers and digital storage devices owned, operated, or controlled by the District.

The District search for these digitally recorded videos should also include a search of all computers and digital storage devices owned, operated, or controlled by District employees if the digital video was recorded on equipment provided to the employee by the District, or if the digital video recording contains content relating to District agency related matters."

Copies of the affidavits your agency has collected from District computer users, employees, contractors, etc. will allow me to make a threshold determination of weather or not if your agency is seeking all required locations for records responsive to my original request.

I look forward to reviewing the affidavits.

Thank you.

December 5, 2023

Email: publicrecords@bsd405.org

Hello,

It has been 9 days and I have received not response to my CLAIRIFICATION QUESTIONS submitted via email on 11-26-23.

RCW 42.56.100 provides that “agencies shall adopt and enforce reasonable rules and regulations … consonant with the intent of this chapter to provide full public access to public records.… Such rules and regulations shall provide for the fullest assistance to inquirers and the most timely possible action on requests for information.”

As the Washington Supreme Court stated in Neighborhood Alliance of Spokane County v. Spokane County, 172 Wn.2d 702, 724, 261 P.3d 119 (2011), “An adequate search is a prerequisite to an adequate response, so an inadequate search is a violation of the PRA because it precludes an adequate response.”

Please provide an answer to my CLAIRIFICATION QUESTIONS as soon as possible. Thank you.

*******************************************************************

Subject: RE: Washington Public Records Act Request #PRR 04262021-Anon

11-26-23

via email to publicrecords@bsd405.org

Hello,

At this point, after 945 days and 16 records installments, I request that your agency demonstrate that an adequate search for the requested responsive public records has been conducted.

To demonstrate an adequate search “the agency may rely on reasonably detailed, nonconclusory affidavits submitted in good faith. These should include the search terms and the type of search performed, and they should establish that all places likely to contain responsive materials were searched.” Neighborhood All. of Spokane Cty. v. Spokane Cty., 172 Wn.2d 702, 721, 261 P.3d 119, 128 (2011).

Additionally, these affidavits should “specify which records were located, withheld, and on what basis nor did they provide “affidavits [that] give the requester a sufficient actual basis to determine that withheld material is indeed nonresponsive," as required by Nissen v. Pierce Cty., 183 Wn.2d 863, 886, 357 P.3d 45 (2015).

Please provide copies of all nonconclusory affidavits submitted in good faith by your agency demonstrating the District has conducted an adequate search for:

"Digital copies of all video recordings of internet-based video calls, meetings, training sessions, town halls, school board meetings, and google classroom sessions in the District's care, custody, or control recorded between the dates 01-01-20 through 4-22-21.

To clarify, if the District is in possession of any digital recordings of Zoom meeting calls, Skype Sessions, Google Duo calls, Slack, Gotomeeting, etc. (any recorded internet-based video communication/presentation/instruction product) for the period of time 01-01-20 through 4-22-21 I am requesting a digital copy to be produced via internet web link.

The District search for these digitally recorded videos should include all computers and digital storage devices owned, operated, or controlled by the District.

The District search for these digitally recorded videos should also include a search of all computers and digital storage devices owned, operated, or controlled by District employees if the digital video was recorded on equipment provided to the employee by the District, or if the digital video recording contains content relating to District agency related matters."

Copies of the affidavits your agency has collected from District computer users, employees, contractors, etc. will allow me to make a threshold determination of weather or not if your agency is seeking all required locations for records responsive to my original request.

I look forward to reviewing the affidavits.

Thank you.

SUBJECT: Request for digital copies of all internet video call recordings in the District's care, custody, or control recorded between the dates 01-01-20 through 4-22-21

Hello,

Please close this public records request. No further production is required.

Thank you.