NORTHSHORE SCHOOL DISTRICT – (2022) Request for a complete electronic copy of all Public Records Requests received by the District including the District Responses for the year 2022

NORTHSHORE SCHOOL DISTRICT – (2022) Request for a complete electronic copy of all Public Records Requests received by the District including the District Responses for the year 2022

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 2022 and a complete electronic copy of your agency's Responses to each of these Public Records Requests for the year 2022.

Note: Parents and students seeking GRADES and/or TRANSCRIPTS in the year 2022 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.

EMAIL RECORDS

Please provide any and all email records in NATIVE .pst electronic format.

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.

03-05-23

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

Mr. Hale,

It has come to my attention that your agency only recently enacted public policy establishing fees for public records requests on 02-06-23.

I also read that your agency waived all fees for another public records request, this request also submitted via the MUCKROCK website. This request was also made prior to your agency establishment of public policy fees for public records requests.

https://www.muckrock.com/foi/bothell-8296/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-2021-137307/

1. This public records request pre-dates your agency public policy establishing fees for public records requests.

2. Washington State Law requires agency's to treat all public records requests and the requestors “similarly” or “equally.” RCW 42.56.080(2) “Agencies shall not distinguish among persons requesting records.”

I offer your agency the same agreement you made with the other MUCKROCK requestor:

I propose your agency waive all fees for electronic production of records associated with this public records request and in good faith I will accept all installments of responsive public records via the GOVQA portal.

Thank you.

Subject: Re: Washington Public Records Act Request: NORTHSHORE SCHOOL DISTRICT – (2022) Request for a complete electronic copy of all Public Records Requests received by the District including the District Responses for the year 2022

8-3-23

submitted via email to dhale@nsd.org.

Hello,

No records have been produced.

Is this public Records Request now closed?

Hello,

Please know that we have been experiencing problems logging into your GovQA portal - despite receiving a password reset, we're encountering the following error message:

"You have exceeded the maximum login attempts allowed with this username. Please contact the organization for further assistance."

If there's a better way to reach out to you in the future about any GovQA errors, please let us know, and thank you for your help with this request!

Thank You,

MuckRock Staff

11-2-23

Hello,

So please just forward the USERNAME and PASSWORD to access your PORTAL immediately.

Either that or provide the records outside the portal. This has gone on long enough. Please and thanks.

11-16-23

submitted via email to egisle@nsd.org.

Hello,

Repeated telephone calls over weeks to access your GOVQA portal AS AGREED. (11/6, 11/15) No call back. Emails to northshoresd@mycusthelp.net - bounce.

Is this public records request closed?

Have all records been produced?

We have received - NOTHING.

Please advise.

Thank you.

"Hello ,
You have responded to an unresponsive email.

Please be advised that if you wish to submit a public records request, update an existing request, or check the status of an already submitted request, you should visit the Public Records Center.

Thank you
This is an auto-generated email and has originated from an unmonitored email account. Please DO NOT REPLY."

"From: Northshore School District

08/17/2023
Subject: Muckrock usps letter

Portal
Dear Muckrock User,

We are in receipt of the letter you mail to us (attached).

We have communicated with you regarding this matter in March, and in your communication with us you stated, "I propose your agency waive all fees for electronic production of records associated with this public records request and in good faith I will accept all installments of responsive public records via the GOVQA portal."

We communicated to you through our GovQA portal (as you agreed to use) that we will waive the fees and have this production to you by September 29. I am happy to inform you that we are on schedule and will make our deadline.

Our production of documents will be delivered via GovQA as previously agreed . Please let me know if you have any questions.

Doug Hale
Public Records Officer
Northshore School District
dhale@nsd.org"

11-17-23

submitted via email to egisle@nsd.org and "JoLynn Berge" <jberge@nsd.org>

Enough of this.

For months we have been diligently attempting to coddle and cajole your agency into providing us with a simple username and password to access the requested public records LOCKED YOUR AGENCY GOVQA RECORDS PORTAL.

The login credentials you continue to provide are not accurate.

You know the login credentials you continue to provide are not accurate:

"Below you will find your current login and password information: Login: requests@muckrock.com Password: f2846228b6c34ba
To monitor the progress or update this request please log into the Northshore School District Public Records Center (https://northshoresd.mycusthelp.com/WEBAPP/_rs/RequestEdit.aspx?rid=564&coid=)"

Login: requests@muckrock.com Password: f2846228b6c34ba

SCREENSHOT ATTACHED.

In good faith on 3-5-23 I agreed to accept all installments of responsive public records via your GOVQA portal in return for a GLOBAL fee waiver considering Northshore School District had no agency public policy regarding public records fees at the time of my original request.

While the requested records are allegedly located on your GOVQA portal, you have not provided me access to that portal, nor to the the public records I originally requested.

In denying access Northshore School District has not acted in good faith.

RCW 42.56.100 mandates in part: “Such rules and regulations shall provide for the fullest assistance to inquirers and the most timely possible action on requests for information.”

Original Request:

"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 2022 and a complete electronic copy of your agency's Responses to each of these Public Records Requests for the year 2022.

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."

If as you claim, the requested records are available, provide them by the end of business today in accordance with the original public records request.

Feel free to fight your own GOVQA portal, and you can provide the records to us via direct email or internet link as originally requested. You have this capability and provide this service to other public records requestors.

An agency may not distinguish among persons requesting records per RCW 42.56.080.

Please consider this email communication constructive intent to seek relief under RCW 42.56.550(1): allows for judicial review of PRA violations by “any person having been denied an opportunity to inspect or copy a public record by an agency” with the burden on the agency to “show cause why it has refused to allow inspection or copying of a specific public record or class of records.” “The burden of proof shall be on the agency to establish that refusal to permit public inspection and copying is in accordance with a statute that exempts or prohibits disclosure in whole or in part of specific information or records.”

I look forward to receiving all records responsive to my original public records records request today (11-17-23), or in the alternative, later reading of your agency's explanation as to why it was reasonable for the Northshore School District to refuse to allow inspection or copying of these requested, identified, responsive public records for over two months after they were supposedly made available, on a 3rd party WALLED GARDEN GATEWAY under the the District's exclusive care, custody, and control.

Have a pleasant day.

02-01-2024

To: Northshore School District Public Records Officer

RE: Missing and/or inadequate exemption/privilege logs - Public Records Request 01-31-2023 - Request for a complete electronic copy of all Public Records Requests received by the District including the District Responses for the year 2022

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 01-31-2023, over 12 months ago.

Thank you.

02-20-2024

via email to jberge@nsd.org

I don't understand.

You stated "When we then fulfilled your request for our previous public records requests and our responses to those requests, we provided you with a number of closing letters that similarly provided redaction information in the responsive closing letters."

The only "closing letters" you provided are:

closing_letter_11.16.22.pdf
verbal_PRR_11.15.22_closing_letter.pdf

These two (2) closing letters do not match the bulk of the redactions in the production files.

ATTACHED IS A LIST OF THE ELECTRONIC FILES THE DISTRICT PRODUCED VIA DIRECT INTERNET LINK ON 11/17/2023 <https://mailfile.nsd.org/message/oYO32UPs7762FhzSoamll2>

You stated:

"In instances where we had provided requestors with a standalone log, we provided those logs to you in response to your request. For example, when we provided you with the records from Public Records Request #N000373, we provided the actual standalone exemption log to you."

The only redaction logs provided were:

R.B_Personnel_File_Exemption_Log.pdf
R.B_Personnel_File_Redaction_Log.pdf
HCP_Redaction_Log_5.10.22.pdf
ACW_REDACTION_LOG.pdf
REDACTION_LOG_A.G_Personnel_File.pdf
Rantz_Redaction_Log_6.2022.pdf
SRO_Email_Redaction_Log_12.2022.pdf

There was no "Public Records Request #N000373" included in these files.

These redaction logs do not match the bulk of the redactions in the production files.

You stated "Finally, for the most part we provided the responsive records to you as-is, without new redactions. The exception is that where the requestor was a parent, certain information about the student and/or the parent needed to be redacted before it was produced to you. This was explained in detail to you in the closing letter we sent you."

Question: What is "for the most part?" Where are the new redactions specifically in the production files?

What closing letter was "produced" referencing this public records request? The only closing letters provided are dated November 2022.

Please provide electronic copies of the following:

1. A copy of each original public records request for 2022.
2. A complete electronic copy of your agency's Responses to each of these Public Records Requests for 2022.
3. Complete exemption logs where applicable.

Thank you.

Hello,

"Have a pleasant day." is the response?

Thank you, however this dos not provide me answers to my questions.

Please provide electronic copies of the following:

1. A copy of each original public records request for 2022.
2. A complete electronic copy of your agency's Responses to each of these Public Records Requests for 2022.
3. Complete exemption logs where applicable.

Anticipate litigation.

Thank you.

From: Northshore School District
02/23/2024

Please see the Public Record Officer's response below. If you would like to schedule a time to talk through your navigation questions in GovQA, please let me know. I am happy to help.

Have a pleasant day.

Elaine Gisle
Administrative Assistant to the Chief Leadership and Strategy Officer
Northshore School District | Phone: 425.408.7621

03-05-2024

via email to jberge@nsd.org

Hello,

I need a reasonable estimate of time that you intend to produce the copies of these requested public records. The original request was made on 01-31-2023 for the following:

1. I request a complete electronic copy of all Public Records Requests received by your agency in the year 2022 and a complete electronic copy of your agency's Responses to each of these Public Records Requests for the year 2022.

1. I did not receive electronic copies of the original Public Records Requests received by your agency in the year 2022.
2. I did not receive complete electronic copies of our agency's Responses to each of these Public Records Requests for the year 2022.
3. I did not receive exemption logs for redactions your agency made to responsive records.

When can I expect to receive copies of these records?

Is this request still officially open?

Constructive notice: Anticipate litigation.

If your agency chooses not to provide a reasonable date for production of these records, I intend to seek relief as per RCW 42.56.550:

Judicial review of agency actions.
(1) Upon the motion of any person having been denied an opportunity to inspect or copy a public record by an agency, the superior court in the county in which a record is maintained may require the responsible agency to show cause why it has refused to allow inspection or copying of a specific public record or class of records. The burden of proof shall be on the agency to establish that refusal to permit public inspection and copying is in accordance with a statute that exempts or prohibits disclosure in whole or in part of specific information or records.
(2) Upon the motion of any person who believes that an agency has not made a reasonable estimate of the time that the agency requires to respond to a public record request or a reasonable estimate of the charges to produce copies of public records, the superior court in the county in which a record is maintained may require the responsible agency to show that the estimate it provided is reasonable. The burden of proof shall be on the agency to show that the estimate it provided is reasonable.
(3) Judicial review of all agency actions taken or challenged under RCW 42.56.030 through 42.56.520 shall be de novo. Courts shall take into account the policy of this chapter that free and open examination of public records is in the public interest, even though such examination may cause inconvenience or embarrassment to public officials or others. Courts may examine any record in camera in any proceeding brought under this section. The court may conduct a hearing based solely on affidavits.
(4) Any person who prevails against an agency in any action in the courts seeking the right to inspect or copy any public record or the right to receive a response to a public record request within a reasonable amount of time shall be awarded all costs, including reasonable attorney fees, incurred in connection with such legal action. In addition, it shall be within the discretion of the court to award such person an amount not to exceed one hundred dollars for each day that he or she was denied the right to inspect or copy said public record.
(5) For actions under this section against counties, the venue provisions of RCW 36.01.050 apply.
(6) Actions under this section must be filed within one year of the agency's claim of exemption or the last production of a record on a partial or installment basis.

The statute contains strict time constraints and this public records request is over 14 months outstanding.

Regards.

--------------------------------------------------

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

Hello requests@muckrock.com,

It seems that your response to us on 2/23 does not include a portion of the message we sent to you on 2/23. We tried responding to your statement below, about the "only closing letters you provided". Here is the response we sent to you on 2/23; please let us know if you did not receive the email quoted below:

Per your attachment, all of the files listed as NXXX, contain the closing letter. The files listed NXXX, are multiple pages long that contain all of the communications with each requestor. When you open the file, page 1 is the request, scroll to page 2 to find the closing letter, beyond that are other communications with the requestor.

You asked “What closing letter was "produced" referencing this public records request? The only closing letters provided are dated November 2022.” We were referring to the closing letter we sent you on 9/15/2023 for this request, #N000564, not to the underlying responsive closing letters.

In your response to us, you wrote:

Please provide electronic copies of the following:

1. A copy of each original public records request for 2022.
2. A complete electronic copy of your agency's Responses to each of these Public Records Requests for 2022.
3. Complete exemption logs where applicable.

On September 15, 2023, we provided you with access to the GovQA portal to view each of the public record requests and the District responses for 2022. On 10/4/2023 we provided you with a password reset. After a phone call on 11/17/2023, with a Muckrock representative named Melinda, Elaine sent you a MailFile link with no password required to access the records.

We have provided records to you in two different ways. Are you requesting that we produce the records in a third way?

Finally, we will review the records and provide you with clarification regarding redactions.

Sincerely,

JoLynn Berge

Public Records Officer

-------------------------------------------------
Elaine Gisle
Administrative Assistant to the Chief Leadership and Strategy Officer
Northshore School District | Phone: 425.408.7621
________________________________
From: requests@muckrock.com <requests@muckrock.com>
Sent: Tuesday, February 20, 2024 2:45 PM
To: Elaine Gisle <egisle@nsd.org>
Cc: Elaine Gisle <egisle@nsd.org>; JoLynn Berge <jberge@nsd.org>
Subject: RE: Washington Public Records Act Request #N000564

CAUTION: THINK BEFORE YOU CLICK! This email originated from outside of Northshore School District (not @nsd.org). If you do NOT recognize the sender, do not click links or open attachments.

03-22-2024

Hello,

By mutual agreement, this public records request is withdrawn.

Thank you.