NORTHSHORE SCHOOL DISTRICT – (2020) Request for a complete electronic copy of all Public Records Requests received by the District including the District Responses for the year 2020

NORTHSHORE SCHOOL DISTRICT – (2020) Request for a complete electronic copy of all Public Records Requests received by the District including the District Responses for the year 2020

Via email: dhale@nsd.org

To Whom It May Concern:

Pursuant to the Washington Public Records Act [RCW 42.56] I hereby request the following records:

1. I request a complete electronic copy of all Public Records Requests received by your agency in the year 2020 and a complete electronic copy of your agency's Responses to each of these Public Records Requests for the year 2020.

Note: Parents and students seeking GRADES and/or TRANSCRIPTS in the year 2020 can be excluded from this request.

PRODUCTION AND DELIVERY OF ELECTRONIC RECORDS

The use of 3rd party “portals” (Such as GOVQA or NEXTREQUEST) for communication and production of records in response to a public records request is optional for the requestor in the State of Washington. Respectfully we decline to use any 3rd party "portal" system, specifically GOVQA and NEXTREQUEST. Please provide all records electronically via direct email attachment, or via no password, no registration internet cloud-based download link.

Please do not direct or invite us to use, register for, or communicate with your agency via any 3rd party portal including but not limited to FOIAOnline, GovQA, NextRequest, FOIAExpress, JustFOIA FOIADirect, WebForm, or any other commercial 3rd party records portal service.

RCW 42.56.080 - Identifiable records—Facilities for copying—Availability of public records.

"...Agencies shall honor requests received in person during an agency's normal office hours, or by mail or email, for identifiable public records unless exempted by provisions of this chapter. No official format is required for making a records request; however, agencies may recommend that requestors submit requests using an agency provided form or web page."

This public records request is being made via email. This public records request will be honored and fulfilled by your agency via email as requested or relief will be sought per statute.

NATIVE ELECTRONIC FORMAT

Please provide all identified public records in their NATIVE electronic format. Unless the records exist IN PAPER FORM ONLY, DO NOT instead create new records by printing native stored electronic files, then scanning and re-printing these newly scanned prints only to reproduce them in again in electronic production.

FEES

In the event that there are fees, please inform us of the total charges in advance of fulfilling the request in strict compliance with all provisions of the Washington State Public Records Act.

EXEMPTION - FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT (FERPA)

Take caution with the broad application of redaction and withholding of identified public records claiming "global FERPA" exemptions. When an agency claims an exemption for an entire record or portion of one, it must inform the requestor of the statutory exemption and provide a brief explanation of how the exemption applies to the record or portion withheld. RCW 42.17.310(4)/42.56.210(3). The brief explanation should cite the statute the agency claims grant an exemption from disclosure. The brief explanation should provide enough information for a requestor to make a threshold determination of whether the claimed exemption is proper. Global, nonspecific claims of exemption such as "FERPA" are insufficient. One way to properly provide a brief explanation of the withheld record or redaction is for the agency to provide a withholding index. It identifies the type of record, its date and number of pages, and the author or recipient of the record (unless their identity is exempt). The withholding index should allow a requestor to make a threshold determination of whether the agency has properly invoked the exemption. There are several exceptions to the FERPA exemption and any agency silently withholding large swaths of public records citing "FERPA!" without providing the original identified record, properly redacted, or if withheld in its entirety, providing a record description and page count or record length, will be challenged in accordance with RCW 42.56.550 if a reasonably detailed withholding index or exemption log is not included.

EXEMPTION LOGS

Please ensure all redactions or exemptions claimed by your agency in the production of responsive records are accompanied by a complete and detailed exemption log noting the valid legal reason for each exemption at each redaction location in the record produced, as well as the specific number of pages if any that your agency redacts or withholds in their entirety. Each redaction should be noted by footnote or by a clear reference to the specific justification for that redaction, and only the minimal exempt portion of any record may be withheld.

COMMERCIAL PURPOSE DECLARATION

The Washington State Public Records Act prohibits the disclosure of “lists of individuals” for a commercial purpose (RCW 42.56.070(8)). I declare this public records request is not being made for any commercial purpose whatsoever. Also, this public records request is not being made for a "list of individuals." This declaration satisfies all requirements of RCW 42.56 regarding prohibitions on lists and commercial purposes. No additional commercial purpose declaration will be completed for this public records request.

The requested documents will be made available to the general public.

Thank you in advance for your anticipated cooperation in this matter. We look forward to receiving your response to this request within 5 business days, as the statute requires.

To Whom It May Concern:

Please find enclosed a check for $14.80 to satisfy the fee associated with the attached public records request.

Thank you.

Hello,

1. A Check will be sent in the amount of $14.80 to cover fees.
2. Native format. If your District produced records in a particular electronic format to a requestor, please produce the records to me in that same format. If the files were produced in paper form, please produce them to me in .pdf form.
3. Retention schedule. All records should be available according to the retention schedule. This request is for records from 2020 and it is not yet 2023. Note: any records previously requested via the public records act that have yet to be produced by your district cannot be legally destroyed and ARE NOT SUBJECT TO THECORE RETENTION SCHEDULE. I suspect based on various outstanding records requests I see pending with your district, (and the fact that your district must retain all responses to public records requests for 2 years) ONLY A LIMITED SUBSET OF PUBLIC RECORDS in your district can be destroyed based on the core retention schedule for the foreseeable future. Please consider this as affirmative notice.

Thank you.

01-31-2023

Via Email to: Doug Hale, Executive Director of Human Resources, Public Records Officer - dhale@nsd.org

Hello Mr. Hale,

I have a question regarding the Northshore School District Fee schedule for Public Records produced in electronic form.

I have reviewed Northshore School District Public Policy, Specificly Board POlicy 4120 - Community Relations and 4120P Administrative Procedure, Public Access to District Records.

4120 and 4120P do not reference fees for production of public records in electronic form.

Can you please provide me with a copy of the public Northshore School District policy adopting fees for electronic public records?

Thank you.

02-01-2024

To: Northshore School District Public Records Officer

RE: Missing and/or inadequate exemption/privilege logs - Public Records Request 11-17-22 - Request for a complete electronic copy of all Public Records Requests received by the District including the District Responses for the year 2020

To whom it may concern,

I have reviewed the production installments provided by your agency for this public records act request.

Your agency has made thousands of redactions to various responsive public records provided in the installments without providing any explanation for each applicable exemption applied.
For any record it withholds, your agency has a statutory duty to provide "a statement of the specific exemption authorizing the withholding of the record ( or part) and a brief explanation of how the exemption applies to the record withheld." RCW 42.56.210(3).

Simply, your agency has a duty to provide a copy of the record sought in their entirety, and to withhold or redact only those potions of records to the extent allowable by law with a commensurate log detailing the reasons for each exemption or redaction.

"A record or portion of a record must fit squarely within a specific exemption in order to be withheld, otherwise, the withholding is invalid." Washington Pub. Emps. Ass 'n v. Washington State Ctr. for Childhood Deafness & Hearing Loss, 194 Wash. 2d 484, 495-496, 450 P.3d 601, 607 (2019).

An exemption will not be inferred or presumed. Exemptions exercised by your agency based on the PRA must be express, not implied.
Specifically, when an agency withholds a record, the agency "must identify the specified record, cite statutory exemptions, and briefly explain how the exemptions apply to the requested records." White v. Skagit Cnty., 188 Wn. App. 886, 900, 355 P.3d 1178 (2015).

"Claims of exemption should contain enough details to (1) enable a requestor to make a threshold decision about whether the exemption was proper and (2) enable judicial review of the decision to withhold." Id.

Where portions of identified documents are withheld or redacted, "the burden rests with the agency claiming exemption to prove the propriety of nondisclosure to the trial court on a document-by-document basis." Sargent v. Seattle Police Dept. , 179 Wash.2d 376, 388, 314 P.3d 1093 (2013) (citing Cowles Publ'g Co. v. Spokane Police Dep't , 139 Wash.2d 472, 479-80, 987 P.2d 620 (1999) ).

This original public records request (11-22-22) specifically outlined your agency obligation to provide a detailed, contemporaneous exemption log to accompany any and all redactions or exemptions claimed by your agency in the production of responsive records in this request:

“EXEMPTION LOGS
Please ensure all redactions or exemptions claimed by your agency in the production of responsive records are accompanied by a complete and detailed exemption log noting the valid legal reason for each exemption at each redaction location in the record produced, as well as the specific number of pages if any that your agency redacts or withholds in their entirety. Each redaction should be noted by footnote or by a clear reference to the specific justification for that redaction, and only the minimal exempt portion of any record may be withheld.”

For each record that your agency contends is exempt from public disclosure, please specifically identify the record by subject, title, author, custodian and date, and specifically state how
the specific statutory exemption applies to the record as required by RCW 42.56.210(3). For each record that is only partially exempt from public disclosure, please provide a
redacted copy of that record.

Failure to comply with this request for public records may require you to pay attorney fees as well as mandatory penalties under RCW 42.56.550(4). Yousoufian v. Sims, 152 Wn.2d 421,433, 98 P.3d 463 (2005) and Rental Housing Ass’n v. Des Moines, 165 Wn.2d 525, 199 P.3d 393 (2009). City of Lakewood v. Koenig, ___ Wn.2d ___ (12/11/2014).

Whether or not your agency asserts that any requested records are exempt from disclosure you are required by RCW 42.56.100 to protect all records from loss or destruction until
this matter is resolved.

Please provide a reasonable estimate of when your agency will produce the requested responsive public records unredacted, or the required detailed exemption logs. This public records request was made on 11-17-22, over 14 months ago.

Thank you.

02-20-2024

NORTHSHORE SCHOOL DISTRICT – (2020) Request for a complete electronic copy of all Public Records Requests received by the District including the District Responses for the year 2020

via email to superintendent@nsd.org

To Whom It May Concern:

Pursuant to the Washington Public Records Act [RCW 42.56] I hereby request the following records:

1. I request a complete electronic copy of all Public Records Requests received by your agency in the year 2020 and a complete electronic copy of your agency's Responses to each of these Public Records Requests for the year 2020.

RECORDS INSTALLMENTS

If production of responsive records will be completed in multiple installments, please begin by producing records in reverse chronological format. The most recent public records should be produced first and the oldest records last.

DEFINITION OF RECORDS AND WRITINGS

RECORDS AND WRITINGS as defined by RCW 42.56.010(4): any handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form of communication or representation including, but not limited to, letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, motion picture, film and video recordings, magnetic or punched cards, discs, drums, diskettes, sound recordings, and other documents including existing data compilations from which information may be obtained or translated.

PRODUCTION AND DELIVERY OF ELECTRONIC RECORDS

Please provide all records in their native electronic format. Please do not instead create new records by printing electronic files then scanning and printing the newly scanned prints.

The use of 3rd party “portals” (Such as GOVQA or NEXTREQUEST) for communication and production of records in response to a public records request is optional for the requestor in the State of Washington. Respectfully we decline to use any 3rd party "portal" system, specifically GOVQA and NEXTREQUEST. Please provide all records electronically via direct email attachment, or via no password, no registration internet cloud-based download link.

Please do not direct or invite us to use, register for, or communicate with your agency via any 3rd party portal including but not limited to FOIAOnline, GovQA, NextRequest, FOIAExpress, JustFOIA FOIADirect, WebForm, or any other commercial 3rd party records portal service.

PUBLIC RECORDS REQUESTS SUBMITTED VIA EMAIL

RCW 42.56.080 - Identifiable records—Facilities for copying—Availability of public records.

"...Agencies shall honor requests received in person during an agency's normal office hours, or by mail or email, for identifiable public records unless exempted by provisions of this chapter. No official format is required for making a records request; however, agencies may recommend that requestors submit requests using an agency provided form or web page."

This public records request is being made via email. This public records request will be honored and fulfilled by your agency via email as requested or relief will be sought per statute.

NATIVE ELECTRONIC FORMAT

Please provide all identified public records in their NATIVE electronic format. Unless the records exist IN PAPER FORM ONLY, DO NOT instead create new records by printing native stored electronic files, then scanning and re-printing these newly scanned prints only to reproduce them in again in electronic production.

EMAIL RECORDS

Please provide any and all email records in NATIVE .pst or .pdf PORTFOLIO electronic format with the most records possible per file and intallment.

FEES

In the event that there are fees, please inform us of the total charges in advance of fulfilling the request in strict compliance with all provisions of the Washington State Public Records Act.

EXEMPTION LOGS

Please ensure all redactions or exemptions claimed by your agency in the production of responsive records are accompanied by a complete and detailed exemption log noting the valid legal reason for each exemption at each redaction location in the record produced, as well as the specific number of pages if any that your agency redacts or withholds in their entirety. Each redaction should be noted by footnote or by a clear reference to the specific justification for that redaction, and only the minimal exempt portion of any record may be withheld.

COMMERCIAL PURPOSE DECLARATION

The Washington State Public Records Act prohibits the disclosure of “lists of individuals” for a commercial purpose (RCW 42.56.070(8)). I declare this public records request is not being made for any commercial purpose whatsoever. Also, this public records request is not being made for a "list of individuals." This declaration satisfies all requirements of RCW 42.56 regarding prohibitions on lists and commercial purposes. No additional commercial purpose declaration will be completed for this public records request.

COMMUNICATION VIA EMAIL

Please send all requests for clarification, status updates, and production of responsive electronic documents via email reply.

The requested documents will be made available to the general public.

Thank you in advance for your anticipated cooperation in this matter. We look forward to receiving your response to this request within 5 business days, as the statute requires.

03-05-2024

Via email to: jberge@nsd.org

*** PUBLIC RECORDS ACT REQUEST***

To Whom It May Concern:

Pursuant to the Washington Public Records Act [RCW 42.56] I hereby request the following records:

1. I request a complete electronic copy of all Public Records Requests received by your agency in the year 2020 and a complete electronic copy of your agency's Responses to each of these Public Records Requests for the year 2020.

RECORDS INSTALLMENTS

If production of responsive records will be completed in multiple installments, please begin by producing records in reverse chronological format. The most recent public records should be produced first and the oldest records last.

DEFINITION OF RECORDS AND WRITINGS

RECORDS AND WRITINGS as defined by RCW 42.56.010(4): any handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form of communication or representation including, but not limited to, letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, motion picture, film and video recordings, magnetic or punched cards, discs, drums, diskettes, sound recordings, and other documents including existing data compilations from which information may be obtained or translated.

PRODUCTION AND DELIVERY OF ELECTRONIC RECORDS

Please provide all records in their native electronic format. Please do not instead create new records by printing electronic files then scanning and printing the newly scanned prints.

The use of 3rd party “portals” (Such as GOVQA or NEXTREQUEST) for communication and production of records in response to a public records request is optional for the requestor in the State of Washington. Respectfully we decline to use any 3rd party "portal" system, specifically GOVQA and NEXTREQUEST. Please provide all records electronically via direct email attachment, or via no password, no registration internet cloud-based download link.

Please do not direct or invite us to use, register for, or communicate with your agency via any 3rd party portal including but not limited to FOIAOnline, GovQA, NextRequest, FOIAExpress, JustFOIA FOIADirect, WebForm, or any other commercial 3rd party records portal service.

PUBLIC RECORDS REQUESTS SUBMITTED VIA EMAIL

RCW 42.56.080 - Identifiable records—Facilities for copying—Availability of public records.

"...Agencies shall honor requests received in person during an agency's normal office hours, or by mail or email, for identifiable public records unless exempted by provisions of this chapter. No official format is required for making a records request; however, agencies may recommend that requestors submit requests using an agency provided form or web page."

This public records request is being made via email. This public records request will be honored and fulfilled by your agency via email as requested or relief will be sought per statute.

NATIVE ELECTRONIC FORMAT

Please provide all identified public records in their NATIVE electronic format. Unless the records exist IN PAPER FORM ONLY, DO NOT instead create new records by printing native stored electronic files, then scanning and re-printing these newly scanned prints only to reproduce them in again in electronic production.

EMAIL RECORDS

Please provide any and all email records in NATIVE .pst or .pdf PORTFOLIO electronic format with the most records possible per file and intallment.

FEES

In the event that there are fees, please inform us of the total charges in advance of fulfilling the request in strict compliance with all provisions of the Washington State Public Records Act.

EXEMPTION LOGS

Please ensure all redactions or exemptions claimed by your agency in the production of responsive records are accompanied by a complete and detailed exemption log noting the valid legal reason for each exemption at each redaction location in the record produced, as well as the specific number of pages if any that your agency redacts or withholds in their entirety. Each redaction should be noted by footnote or by a clear reference to the specific justification for that redaction, and only the minimal exempt portion of any record may be withheld.

COMMERCIAL PURPOSE DECLARATION

The Washington State Public Records Act prohibits the disclosure of “lists of individuals” for a commercial purpose (RCW 42.56.070(8)). I declare this public records request is not being made for any commercial purpose whatsoever. Also, this public records request is not being made for a "list of individuals." This declaration satisfies all requirements of RCW 42.56 regarding prohibitions on lists and commercial purposes. No additional commercial purpose declaration will be completed for this public records request.

COMMUNICATION VIA EMAIL

Please send all requests for clarification, status updates, and production of responsive electronic documents via email reply.

The requested documents will be made available to the general public.

Thank you in advance for your anticipated cooperation in this matter. We look forward to receiving your response to this request within 5 business days, as the statute requires.

------------------------------------------------------------------------------------
Subject: PRR– (2020) request for a complete electronic copy of all Public Record Requests #N000543

Email
This message is being sent on behalf of JoLynn Berge, Public Records Officer

Dear requests@muckrock.com,

We received your February 20, 2024 email which states that it “is a follow up to a previous request,” and then pastes the same earlier request that you submitted on November 17, 2022, and which we fulfilled and closed on February 23, 2023. We are unclear about the purpose of your February 20, 2024 email, which appears to be the latest in a long thread of emails about your November 17, 2022 request. What is the purpose of your February 20, 2024 email? If you intended to submit a new public records request via your February 20, 2024 email, that is not clear to us. If that is your intent, let us know.

Sincerely,

JoLynn Berge
Public Records Officer
-------------------------------
Elaine Gisle
Administrative Assistant to the Chief Leadership and Strategy Officer
Northshore School District | Phone: 425.408.7621

02-20-2024

NORTHSHORE SCHOOL DISTRICT – (2020) Request for a complete electronic copy of all Public Records Requests received by the District including the District Responses for the year 2020

via email to superintendent@nsd.org

To Whom It May Concern:

Pursuant to the Washington Public Records Act [RCW 42.56] I hereby request the following records:

1. I request a complete electronic copy of all Public Records Requests received by your agency in the year 2020 and a complete electronic copy of your agency's Responses to each of these Public Records Requests for the year 2020.

RECORDS INSTALLMENTS

If production of responsive records will be completed in multiple installments, please begin by producing records in reverse chronological format. The most recent public records should be produced first and the oldest records last.

DEFINITION OF RECORDS AND WRITINGS

RECORDS AND WRITINGS as defined by RCW 42.56.010(4): any handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form of communication or representation including, but not limited to, letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, motion picture, film and video recordings, magnetic or punched cards, discs, drums, diskettes, sound recordings, and other documents including existing data compilations from which information may be obtained or translated.

PRODUCTION AND DELIVERY OF ELECTRONIC RECORDS

Please provide all records in their native electronic format. Please do not instead create new records by printing electronic files then scanning and printing the newly scanned prints.

The use of 3rd party “portals” (Such as GOVQA or NEXTREQUEST) for communication and production of records in response to a public records request is optional for the requestor in the State of Washington. Respectfully we decline to use any 3rd party "portal" system, specifically GOVQA and NEXTREQUEST. Please provide all records electronically via direct email attachment, or via no password, no registration internet cloud-based download link.

Please do not direct or invite us to use, register for, or communicate with your agency via any 3rd party portal including but not limited to FOIAOnline, GovQA, NextRequest, FOIAExpress, JustFOIA FOIADirect, WebForm, or any other commercial 3rd party records portal service.

PUBLIC RECORDS REQUESTS SUBMITTED VIA EMAIL

RCW 42.56.080 - Identifiable records—Facilities for copying—Availability of public records.

"...Agencies shall honor requests received in person during an agency's normal office hours, or by mail or email, for identifiable public records unless exempted by provisions of this chapter. No official format is required for making a records request; however, agencies may recommend that requestors submit requests using an agency provided form or web page."

This public records request is being made via email. This public records request will be honored and fulfilled by your agency via email as requested or relief will be sought per statute.

NATIVE ELECTRONIC FORMAT

Please provide all identified public records in their NATIVE electronic format. Unless the records exist IN PAPER FORM ONLY, DO NOT instead create new records by printing native stored electronic files, then scanning and re-printing these newly scanned prints only to reproduce them in again in electronic production.

EMAIL RECORDS

Please provide any and all email records in NATIVE .pst or .pdf PORTFOLIO electronic format with the most records possible per file and intallment.

FEES

In the event that there are fees, please inform us of the total charges in advance of fulfilling the request in strict compliance with all provisions of the Washington State Public Records Act.

EXEMPTION LOGS

Please ensure all redactions or exemptions claimed by your agency in the production of responsive records are accompanied by a complete and detailed exemption log noting the valid legal reason for each exemption at each redaction location in the record produced, as well as the specific number of pages if any that your agency redacts or withholds in their entirety. Each redaction should be noted by footnote or by a clear reference to the specific justification for that redaction, and only the minimal exempt portion of any record may be withheld.

COMMERCIAL PURPOSE DECLARATION

The Washington State Public Records Act prohibits the disclosure of “lists of individuals” for a commercial purpose (RCW 42.56.070(8)). I declare this public records request is not being made for any commercial purpose whatsoever. Also, this public records request is not being made for a "list of individuals." This declaration satisfies all requirements of RCW 42.56 regarding prohibitions on lists and commercial purposes. No additional commercial purpose declaration will be completed for this public records request.

COMMUNICATION VIA EMAIL

Please send all requests for clarification, status updates, and production of responsive electronic documents via email reply.

The requested documents will be made available to the general public.

Thank you in advance for your anticipated cooperation in this matter. We look forward to receiving your response to this request within 5 business days, as the statute requires.

03-22-2024

Hello,

By mutual agreement, this public records request is withdrawn.

Thank you.