Denver Public Schools CORA OFFICER Stacy Wheeler

Ronald Lee filed this request with the Denver Public Schools of Denver, CO .
Est. Completion None
Status
Payment Required

Communications

From: Ronald Lee


To Whom It May Concern:

Pursuant to the Colorado Open Records Act, I hereby request the following records:

Please provide all Mark Ferrandino emails containing EGTC, Emily Griffith, John between 01/01/2019 and 6/01/2019

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 e-mail attachment if available or 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 within 3 business days, as the statute requires.

Sincerely,

Ronald Lee

From: Denver Public Schools

We are in receipt of your Colorado Open Records Act request. Due to the closure of schools and administrative buildings related to the coronavirus, public document requests may take additional time to fulfill. Your request may take up to the full 10 business days allowed under the statute.

The timeline for responding to your request begins on the first business day following the receipt of the request. Multiple requests in one email will be treated as one request for reimbursement purposes. The district may also treat multiple requests concerning the same subject matter as one request. The process is as follows:

* The CORA Officer will review your request and work with staff to determine:

* If the district is the custodian of the requested documents;
* How much staff time will be required to retrieve the documents (please note the below reimbursement policy for requests requiring more than one hour of staff time); and
* If an extension is necessary
* If applicable, within three business days of the receipt of the request, the CORA lead with notify you of the cost of your request and any extension needed to respond to your request.
* The CORA Officer will provide a final response to your request in accordance with the applicable CORA timeline after payment is received (as applicable).
Please note:
The Colorado Open Records Act only makes available public records that already exist. It does not require the creation of new records to respond to a request. It also does not require the district to manipulate or analyze existing information in a new way to respond to a request.

CORA Reimbursement Policy -
The Colorado Open Records Act allows for the following reimbursement for reasonable costs associated with completing a request:

* Copying Expenses: We charge $0.25 for each hard-copy page after the first 25 pages.
* Staff Time: For requests that require more than one hour of staff time, we charge $30 for each additional hour of staff time expended.
* There will be a retrieval charge for documents stored at an offsite facility, dependent on the number of boxes to be retrieved.
* Electronically stored files which are larger than 14MB will be transferred to a CD for a charge of $10 per CD.
You can read more about the District's CORA Policy here<https://www.dpsk12.org/wp-content/uploads/Board-of-Education-Policy-KDB-CORA.pdf>.

Sincerely,

Stacy Wheeler
CORA Officer

If you would like to submit a Colorado Open Records Act request, please email CORA@dpsk12.org

From: Denver Public Schools

We have reviewed your CORA request related to all Mark Ferrandino emails containing EGTC, Emily Griffith, John between 01/01/2019 and 6/01/2019.

Staff have determined that retrieving, reviewing and potentially redacting 1,052 emails will take approximately 52 staff hours. We request that you pay the estimated staff time prior to us beginning the retrieval. If fulfilling the request takes longer, we will request final payment prior to releasing the documents.

In accordance with the District CORA Policy<https://www.dpsk12.org/wp-content/uploads/Board-of-Education-Policy-KDB-CORA.pdf>, the first hour of staff time is free. There is a $30 charge for the additional 51 hours. Please pay $1,530 to Denver Public Schools.

Payment Options:
Online<https://financialservices.dpsk12.org/treasury/>: Select from drop down "Donations to CORA" (https://financialservices.dpsk12.org/treasury/)
Please send a copy of your payment receipt to CORA@dpsk12.org<mailto:CORA@dpsk12.org>.
Via mail:

* Make the check payable to Denver Public Schools, CORA request in the memo line
* Mail to Denver Public Schools Attn: Office of the Controller RE: CORA 1860 Lincoln Street, 11th Floor Denver, CO 80203
Please let me know if you would like to narrow your request or have any questions.

Sincerely,

Stacy Wheeler
CORA Officer

If you would like to submit a Colorado Open Records Act request, please email CORA@dpsk12.org

From: Ronald Lee

Hello Stacy,

Please modify my request all emails with the same parameters from January 1st, 2019 through January 31st, 2019 but not to exceed 54 total emails.

Thank you,
Ron

From: Denver Public Schools

We have reviewed your narrowed CORA request related to all Mark Ferrandino emails containing EGTC, Emily Griffith, John between 01/01/2019 and 1/31/2019. Staff have determined that retrieving, reviewing and possibly redacting 212 emails will take approximately 10.5 staff hours. We request that you pay the estimated staff time prior to us beginning the retrieval. If fulfilling the request takes longer, we will request final payment prior to releasing the documents.

In accordance with the District CORA Policy<https://www.dpsk12.org/wp-content/uploads/Board-of-Education-Policy-KDB-CORA.pdf>, the first hour of staff time is free. There is a $30 charge for the additional 9.5 hours. Please pay $285 to Denver Public Schools.

Payment Options:
Online<https://financialservices.dpsk12.org/treasury/>: Select from drop down "Donations to CORA" (https://financialservices.dpsk12.org/treasury/)
Please send a copy of your payment receipt to CORA@dpsk12.org<mailto:CORA@dpsk12.org>.
Via mail:

* Make the check payable to Denver Public Schools, CORA request in the memo line
* Mail to Denver Public Schools Attn: Office of the Controller RE: CORA 1860 Lincoln Street, 11th Floor Denver, CO 80203
Please let me know if you would like to narrow your request or have any questions.

Sincerely,

Stacy Wheeler
CORA Officer

If you would like to submit a Colorado Open Records Act request, please email CORA@dpsk12.org

From: Ronald Lee

Hello Stacy,
My last response indicated that I would like all emails within the time frame requested but not to exceed 54 emails. 54 emails seems to be a threshold that if I stay within I'll avoid fees. As a 100 percent disabled veteran being on a fixed income does represent certain challenges.

Thank you.
Ron

From: Denver Public Schools

Please note, that on the first email request on 7/22/20 for all emails from or to Mark Ferrandino with the key words Stephanie Donner between the following dates: 03/31/2019 to present. I did not provide a time estimate but my time estimate would have been 1.8 hours to 2.5 hours. I was going to just provide my .8 staff hours at no cost for this one. But I cannot keep doing this for all your CORA requests in fairness to all the tax payers.

For 1 hour of staff time, I can review between 20 and 30 emails. Please let me know how you would like to proceed.

Sincerely,

Stacy Wheeler
CORA Officer

If you would like to submit a Colorado Open Records Act request, please email CORA@dpsk12.org

From: Denver Public Schools

Mr. Lee - The district is not in possession of emails responsive to your request for all Mark Ferrandino emails containing EGTC, Emily Griffith, John between January 1 to January 31, 2019.

Sincerely,

Stacy Wheeler
CORA Officer

If you would like to submit a Colorado Open Records Act request, please email CORA@dpsk12.org

From: Denver Public Schools

My apologies, this email was sent in error. Please disregard.

Sincerely,

Stacy Wheeler
CORA Officer

If you would like to submit a Colorado Open Records Act request, please email CORA@dpsk12.org

From: Ronald Lee

Hello Stacy, I am a bit confused. You stated in your original reply that you could provide 54 emails at no charge. But if I am understanding what you're saying you are withdrawing that offer and will require payment for those emails of the 54 in question that you cannot redact in the hour I'm allowed at no cost?

If that is the case I will pay you what is required. I'll then purse the remaining emails in allotments that will keep my cost to a minimum until I've learned what I'm entitled to know. I can't allow money or the lack thereof become a bar to me using my legal right to know. So, I believe it was in this spirit that the law was written. I can get what I request quickly, and pay, or slowly, and stay within the allotted time you can afford me at no charge, or a minimal charge. This will be my strategy going forward. I'll keep this in mind as I make further inquiries so as not to overburden your office with unreasonable requests.

Thank you,
Ron

From: Ronald Lee

Good morning Stacy,

In an effort to clear up some confusion I played a part in, I'm sure, I'm cut and pasting my original request in this thread and then the modified request asking for 54 emails. (I came up with that figure because of a statement you made on another request that I could get 54 at no cost.)

Original request: "Please provide all Mark Ferrandino emails containing EGTC, Emily Griffith, John between 01/01/2019 and 6/01/2019"

Your reply: "Staff have determined that retrieving, reviewing and potentially redacting 1,052 emails will take approximately 52 staff hours. We request that you pay the estimated staff time prior to us beginning the retrieval. If fulfilling the request takes longer, we will request final payment prior to releasing the documents."

My modified request: "Please modify my request all emails with the same parameters from January 1st, 2019 through January 31st, 2019 but not to exceed 54 total emails."

Your reply to my modified request not to exceed 54 emails (this is where the confusion begins because your response did not line up with my request for a maximum of 54 emails from the time frame indicated): "We have reviewed your narrowed CORA request related to all Mark Ferrandino emails containing EGTC, Emily Griffith, John between 01/01/2019 and 1/31/2019. Staff have determined that retrieving, reviewing and possibly redacting 212 emails will take approximately 10.5 staff hours. We request that you pay the estimated staff time prior to us beginning the retrieval. If fulfilling the request takes longer, we will request final payment prior to releasing the documents."

My reply to your request for payment in exchange for 212 emails: "My last response indicated that I would like all emails within the time frame requested but not to exceed 54 emails. 54 emails seems to be a threshold that if I stay within I'll avoid fees. As a 100 percent disabled veteran being on a fixed income does represent certain challenges."

Your reply: "Please note, that on the first email request on 7/22/20 for all emails from or to Mark Ferrandino with the key words Stephanie Donner between the following dates: 03/31/2019 to present. I did not provide a time estimate but my time estimate would have been 1.8 hours to 2.5 hours. I was going to just provide my .8 staff hours at no cost for this one. But I cannot keep doing this for all your CORA requests in fairness to all the tax payers."

"For 1 hour of staff time, I can review between 20 and 30 emails. Please let me know how you would like to proceed."

In this response is where I think I got a little confused because you referred to another request with Donner as a catch phrase or word. Now I understand that you were telling me how you came to the 54 email count at no cost but were saying that to do this you would be giving me a .8 hour courtesy at no charge.

I get it. You can reasonably go through 20-30 emails in the first hour at no cost.

But your reply quoting a charge for 212 emails after I stipulated I only wanted the first 54 was inconsistent with my request and I think this was exactly where I even lost track.

So Please, to reiterate, please honor this request for the described emails by providing the amount of emails you can work through, 20-30, by your count, in the first hour from 01/01/2019 through 01/31/2019. And based on what I find I'll determine if it's wise or needed that I pay for more. But again it is my understanding that every request stands on its own and is billed accordingly. That is to say that I am not limited to the amount of requests and that as long as my requests don't require more than an hour of time to work, I will not be billed. Is this correct or have I read the law incorrectly. Please advise as I truly don't want to burden you as a result of my misreading of the rules.

Thank you,
Ron

From: Denver Public Schools

Mr. Lee - So I followed up with our Department of Technology team about how we conduct email searches and perhaps best steps forward to get you the emails you believe exist. If you think about the terms that would exist to the emails you believe we have, we can do searches that require the email to have multiple terms in them.

For example from this request: "Please provide all Mark Ferrandino emails containing EGTC, Emily Griffith, John between 01/01/2019 and 6/01/2019"

You can say that both the terms John and EGTC need to be in the email need to be in the email. The more distinct the terms you can provide that need to be in the email, the more precise we can be in the search. When generic terms are used in email search there are more emails to review and many are probably not going to be what you are looking for.

I am happy to help you with determining the key words, if you give me an idea what kind of emails you believe Mark Ferrandino would have. If you are comfortable with that.

Sincerely,

Stacy Wheeler
CORA Officer

If you would like to submit a Colorado Open Records Act request, please email CORA@dpsk12.org

From: Ronald Lee

Hello Stacy,
I appreciate your offer to assist. And I'd probably like to take you up on this at a later date. However, I would like the the portion of the emails you've already found with the words or catch phrases I've indicated and as in my previous email just present me with the 54 emails you've already stated are in existence and any charge I may over to cover the overage I will pay.

To be sure, at a later date there will be some legal challenges and questions related to the reason given for non disclosure but I'd like to proceed with as little confrontation as possible. I'm confused about
your last email offering me assistance when you've already disclosed the emails exist, but then when I modify the request to an amount that you yourself have stated would cost me little to nothing instead of getting what does exist and what I've rightfully requested you delay with your previous email.

Please provide the emails requested or a legal reason for not doing so.

Thank you,
Ron

P.S. And let me just say to those directing what you should or should not disclose; sometimes there is more to be gleaned from those things being withheld, than those that are not.

From: Denver Public Schools

We have reviewed your modified CORA request related to all Mark Ferrandino emails containing EGTC, Emily Griffith, John between 01/01/2019 and 01/31/2019. Staff have determined that retrieving, reviewing and possibly redacting 212 emails will take approximately 8.5 staff hours. We request that you pay the minimum estimated staff time prior to us beginning the retrieval. If fulfilling the request takes longer, we will request final payment prior to releasing the documents.

In accordance with the District CORA Policy<https://www.dpsk12.org/wp-content/uploads/Board-of-Education-Policy-KDB-CORA.pdf>, the first hour of staff time is free. There is a $30 charge for the additional 7.5 hours. Please pay $225 to Denver Public Schools.

Payment Options:
Online<https://financialservices.dpsk12.org/treasury/>: Select from drop down "Donations to CORA" (https://financialservices.dpsk12.org/treasury/)
Please send a copy of your payment receipt to CORA@dpsk12.org<mailto:CORA@dpsk12.org>.
Via mail:

* Make the check payable to Denver Public Schools, CORA request in the memo line
* Mail to Denver Public Schools Attn: Office of the Controller RE: CORA 1860 Lincoln Street, 11th Floor Denver, CO 80203

Please let me know if you would like to narrow your request or have any questions.

Sincerely,

Stacy Wheeler
CORA Officer

If you would like to submit a Colorado Open Records Act request, please email CORA@dpsk12.org

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