NORTHSHORE SCHOOL DISTRICT – (2021) Request for a complete electronic copy of all Public Records Requests received by the District including the District Responses for the year 2021

NORTHSHORE SCHOOL DISTRICT – (2021) Request for a complete electronic copy of all Public Records Requests received by the District including the District Responses for the year 2021

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 2021 and a complete electronic copy of your agency's Responses to each of these Public Records Requests for the year 2021.

Note: Parents and students seeking GRADES and/or TRANSCRIPTS in the year 2021 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.

Hello,

I do not understand your statement "The vast majority of records the District has disclosed in response to public records requests have not been produced in native format, and instead were produced in formats such as .pdf or hard-copy."

The native format requested is the format in which the DISTRICT produced the response to the REQUEST. If the district produced .pdf to the requestor then please provide the same .pdf format. If the district produced paper, please convert the paper to .pdf.

Many district public records officers choose to print every page of electronic public records originally produced electronically in .pdf, then applying fees for paper production, only to then again scan the paper to .pdf, and again apply fees, all in a misguided (and illegal) attempt to inflate fees and discourage public records requests. This is a violation of the public records act as it CREATES a record rather than produces the record requested, and the inflated fee estimates are not supported by statue. At some point these specific public records officers (or their employer districts) will come to the realization that the more their PRA officers obfuscate, delay, and improperly deny a PRA request, the more PRA requests these agency's are likely to receive as a counter to achieve transparency for the improper artificial obfuscation and obstruction or the original PRA request (humorous attachment).

"For example, the District would produce to you the native format email of its response to a given public records request, which may include attached responsive records in pdf format that were actually produced to a requestor."

If this production format is what the District provided the requestor in response to a PRA request, that was exactly what was requested.

Thank you.

Hello,

Please explain and justify in detail (invoice preferred) your fee estimate of $133.94 for 6,844 records. What records? What format? Etc. Thank you.

1-18-23

via email to egisle@nsd.org

Hello,

This is a not a detailed invoice as requested.

"Here is how the fee for records are calculated:
553 pages are scanned, .10 per page = $55.30."

Describe these records, why they need to be scanned. Do these records exist in paper format only?

"All other electronic records totaling 6,291, at .05 per 4 records = 78.64. A TOTAL of $133.94 is owing, with a deposit of $13.39 due before we begin pulling records."

What are all other records? If these records are being provided in their NATIVE format, what format? If these are email files .pst format should be the NATIVE format. If you are transforming these records to .pdf they need to be bundled PRIOR to applying fees or transformed back to their NATIVE .pst FORMAT.

Please explain in DETAIL what fees you are requesting as per law.

Thank you.

1-20-23

via email to egisle@nsd.org and dhale@nsd.org

Hello,

Thank you for checking with your attorney and then revising part 1 of your fee calculations.

PART 1. The 553 PREVIOULSY scanned pages. I originally requested records stored in electronic form. These 553 previously scanned and now electronically stored pages are in fact available in electronic form. The original fee request of $55.30 was not correct, an electronic file fee of $6.91 is correct.

I agree.

PART 2. You state: “6,291 responsive records are available in electronic form as electronic files. Consistent with RCW 42.56.120(2)(b)(iii), we are charging five cents per each four of these electronic files. This results in a charge of $78.64.”

QUESTION: is the fee request of $74.64 for these files being calculated BEFORE or AFTER .zip or electronic file bundling has taken place?

My position is based on RCW 42.56.120(1) “When calculating any fees authorized under this section, an agency shall use the most reasonable cost-efficient method available to the agency as part of its normal operations. If any agency translates a record into an alternative electronic format at the request of a requestor, the copy created does not constitute a new public record for purposes of this chapter.

Applying .zip compression and/or bundling of electronic files is in COMMON use at your agency, and also is the most REASONABLE cost-efficient method available to your agency as part of your agency’s normal operations.

To apply a fee calculation of five cents per each four of these electronic files (6,291 / 4 *.05 = $78.64) however are the 6,291 files already .zip compressed or not in this calculation?

If not, I formally request you recalculate fees for PART 2 based on applying .zip compression to 6,291 files and then either choosing to estimate fees based on the .05 cents per four electronic files or the alternative PER MB fees calculation for electronic files.

This is the most reasonable and economic method of delivering electronic files and is in regular use by your agency.

I understand some agency’s choose to inflate fees and costs by printing and rescanning electronic records and ignoring reasonable best practices such as .zip compression and bundling of electronic files in the misguided hope that inflated fees and costs will discourage future public records requests.

In this public records request it is my intent to seek judicial review for any fee requests that are not reasonable or supported specifically by statute.

Please provide a detailed answer to my questions for PART 2 and recalculate your fee request based on .zip and electronic file bundling.

Thank you.

1-31-23

via email to: egisle@nsd.org and dhale@nsd.org

Hello,

Thank you for your partial explanation. I do not agree with your characterization of electronic .pst files however. The NATIVE FORMAT used by your agency to store and export email is the .pst file. That NATIVE .pst file is was I was requesting and per RCW 42.56.120(2)(b)(iv) Charges for copying - a .pst file would constitute an electronic file or attachment uploaded to email, cloud-based data storage service, or other means of electronic delivery.

You did not however state what type of files the 6,844 (553 plus 6,291) responsive electronic files are. Please provide that detail.

I can't seem to find any mention of a fee schedule for electronic public records anywhere on your website or on the 3rd party https://go.boarddocs.com website hosting North School School district School Board Policies.

Please send me a copy of or provide a link to the Northshore School District PUBLIC POLICY declaring the reason your agency does not calculate actual costs of producing electronic public records in accordance with the legally required statement of factors and manner used to determine the actual costs. RCW 42.56.070. As you know, any statement of costs and/or any fee schedule adopted by your agency must of course be publicly published. RCW 42.56.120 (2)(a).

Further, a statement of costs may be adopted by your agency only after providing notice and public hearing RCW 42.56.070 (7). Of course, your agency may not be required to calculate the actual costs it charges for providing public records if it has published rules or regulations declaring the reasons for doing so would be unduly burdensome. RCW 42.56.120 (2)(b).

I need a copy of the Northshore School District PUBLIC POLICY documents establishing actual costs or in the alternative, the public policy documents declaring that the reason for not calculating actual costs is because it would be unduly burdensome for your agency. I also need a copy of your publicly posted alternative fee schedule previously established as public policy by your agency.

Thank you.

2-13-23

via email to: egisle@nsd.org and dhale@nsd.org

Hello,

Still waiting for a response to my email 2 weeks ago dated 1-31-23 (ATTACHED.)

Thank you.
***************************************************************************************
1-31-23

via email to: egisle@nsd.org and dhale@nsd.org

Hello,

Thank you for your partial explanation. I do not agree with your characterization of electronic .pst files however. The NATIVE FORMAT used by your agency to store and export email is the .pst file. That NATIVE .pst file is was I was requesting and per RCW 42.56.120(2)(b)(iv) Charges for copying - a .pst file would constitute an electronic file or attachment uploaded to email, cloud-based data storage service, or other means of electronic delivery.

You did not however state what type of files the 6,844 (553 plus 6,291) responsive electronic files are. Please provide that detail.

I can't seem to find any mention of a fee schedule for electronic public records anywhere on your website or on the 3rd party https://go.boarddocs.com website hosting North School School district School Board Policies.

Please send me a copy of or provide a link to the Northshore School District PUBLIC POLICY declaring the reason your agency does not calculate actual costs of producing electronic public records in accordance with the legally required statement of factors and manner used to determine the actual costs. RCW 42.56.070. As you know, any statement of costs and/or any fee schedule adopted by your agency must of course be publicly published. RCW 42.56.120 (2)(a).

Further, a statement of costs may be adopted by your agency only after providing notice and public hearing RCW 42.56.070 (7). Of course, your agency may not be required to calculate the actual costs it charges for providing public records if it has published rules or regulations declaring the reasons for doing so would be unduly burdensome. RCW 42.56.120 (2)(b).

I need a copy of the Northshore School District PUBLIC POLICY documents establishing actual costs or in the alternative, the public policy documents declaring that the reason for not calculating actual costs is because it would be unduly burdensome for your agency. I also need a copy of your publicly posted alternative fee schedule previously established as public policy by your agency.

Thank you.

2-14-23

via email to: via email to: egisle@nsd.org and dhale@nsd.org

Mr. Hale,

Thank you for providing links to your districts newly enacted public policy regarding public records fees.

I was wondering why you were not responding to my clarification questions of 01-31-23 regarding the complete lack of any public policy for public records fees for your district.

I now understand your school board was busy racing to enact new district public policy adopting public records fees.

It appears your agency recently adopted a fee schedule as policy on 02-06-23 (ADMINISTRATIVE PROCEDURE No. 4040P) and formally declared it would be UNDULY BURDENSOME to calculate the actual costs of producing public records in BOARD POLICY 4040 just YESTERDAY on 2-13-23.

Arguably, the District passed these new public records fees policies yesterday on 2-13-23 in specific response to my clarification questions of 01-31-23 regarding your unsupported fee requests in this PRA.

My original public records request is dated 12-01-2022. This request pre dates *ANY* fee schedule or public policy the district had in place on 12-01-2022.

There will be no ex post facto application of the districts newly enacted fee schedule to any public records request pre dating the adoption of any public policy regarding fees for public records requests.

To put it simply, under Washington State Law your agency cannot just "make it up as they go along."

Nevertheless, in the spirit of good faith, I agree to pay reasonable fees for the actual costs of digital media storage devices (flash drive $5.00) as well as any associated reasonable USPS postage costs.

Please provide a single updated invoice for the cost of actual USPS Mailing and thumbdrive or CD delivery only in this request and I will pay it.

Thank you.

Note: payment will be via check sent from MUCKROCK to your district. Please advise if payment by check should be sent somewhere other than your district main office.

2-27-23

via email to: via email to: egisle@nsd.org and dhale@nsd.org

Mr. Hale,

Thank you for the response. I think your agency has made a good choice in waiving fees for public records requests made prior to your agency adoption of public policy regarding public request fees on 02-06-23.

Based on your explanation of your GOVQA process, and the effort required by your staff to export these records from GOVQA, in good faith I will agree to the use and production of requested records via GOVQA for this request.

I understand that a first installments of responsive records should begin to be produced via GOVQA in or around August 31, 2023.

Thank you.