Protest and discipline standards and records (Rome, GA)
| Submitted | Oct. 15, 2021 |
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Communications
From: M. Alan Thomas II
To Whom It May Concern:
Pursuant to the Georgia Open Records Act, I hereby request the following records:
All records pertaining to (1) Confederate, Black Lives Matter, or other race-based imagery and expression, (2) protests, or (3) other punishable expression or expressive activities in Floyd County Schools, including—but not limited to—all records of applicable rules and policies, of events involving such expression or expressive activities within the current school year, of enforcement actions under those rules and policies within the current school year, and of any internal or external discussion or legal advice pertaining to said records or related events.
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,
M. Alan Thomas II
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Georgia Open Records Act request, copied below, and originally submitted on Oct. 15, 2021. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Floyd County Schools
An interim response, stating the request is being processed.
From:
Please see attached letter and response to MuckRock News' open records request.
Thank you,
[cid:image001.png@01D7C666.727E1B70]<https://www.brinson-askew.com/>
I. Stewart Duggan | Partner
P.O. Box 5007 | 615 West First Street | Rome, GA 30162-5007
Main: 706.291.8853 | Direct: 706.295.0567 | Fax: 706.234.3574
isduggan@brinson-askew.com<mailto:isduggan@brinson-askew.com> | www.brinson-askew.com<https://www.brinson-askew.com/>
[cid:image002.png@01D7C666.727E1B70]<https://www.brinson-askew.com/>
[cid:image003.png@01D7C666.727E1B70]<https://www.google.com/search?ludocid=16702943958605673943&hl=en&q=Brinson%20Askew%20Berry%20615%20W%201st%20St%20Rome,%20GA%2030161&_ga=2.107769099.826751610.1538676663-59717324.1537278502#fpstate=lie>
[cid:image004.png@01D7C666.727E1B70]<http://www.facebook.com/BrinsonAskewBerry/>
[cid:image005.png@01D7C666.727E1B70]<http://www.linkedin.com/company/brinson-askew-berry-seigler-richardson-&-davis-llp>
[cid:image006.png@01D7C666.727E1B70]<https://twitter.com/BrinsonAskew>
[Platinum Client Champion][A Martindale-Hubbell Peer Rating reflects a combination of achieving a Very High General Ethical Standards rating and a Legal Ability numerical rating.]
DO NOT ACCEPT wiring instructions from anyone other than your closing attorney or secretary. BE CAUTIOUS if you receive subsequent emails changing previous wire instructions and independently verify any such communications.
WIRE INSTRUCTION SCAM. There are fraudsters who will compromise emails and send out fake wiring instructions to wire funds to their account. These fraudsters can create an email with similar looking email addresses, including logos, etc., as that of the entity they are impersonating. Please be aware of these tactics. DISREGARD ANY AND ALL emails of such nature.
CONFIDENTIALITY NOTICE: This e-mail, and any attachments, contains information from the law firm of Brinson, Askew, Berry, Seigler, Richardson & Davis, LLP that is intended solely for the use of the named recipient(s). This e-mail may contain privileged attorney/client communications or work product. If you believe you have received this e-mail in error, please notify the sender immediately and permanently delete the e-mail, any attachments, and all copies. Thank you for your cooperation.
From:
Received, thank you.
Glenn White
--
*Glenn White*
Superintendent
Floyd County Schools Central Office
600 Riverside Parkway NE
Rome, Georgia 30161
706-234-1031
www.floydboe.net
From: M. Alan Thomas II
To Whom It May Concern:
I hereby request a waiver or reduction of charges under Gov’t Code § 552.267(a) on the grounds that providing information on a matter of national public interest* via a publicly-viewable platform will "primarily benefit[] the general public."
*See, e.g., coverage in Newsweek: https://www.newsweek.com/georgia-high-school-students-say-they-were-suspended-planned-confederate-flag-protest-1638291
If a public-benefit waiver is not forthcoming but costs are estimated to exceed $40, I request either:
(1) the written, itemized statement of estimated charges mandated by Gov’t Code § 552.2615(a) or
(2) a waiver fees under Gov’t Code § 552.267(b) on the grounds that "the cost to [the school district] of processing" these charge-related tasks "will exceed the amount of the charge."
If neither a waiver nor a statement of estimated charges is forthcoming, you have my permission to proceed with the understanding that "A governmental body that fails to provide the required statement may not collect more than $40." (1 Tex. Admin. Code § 70.7(a))
Sincerely,
M. Alan Thomas II
From: M. Alan Thomas II
ADDENDUM:
Apologies, my replies to two different requests were accidentally mixed up. Please disregard the request for an itemized statement.
I do think that you should, at your own discretion, waive the costs on the grounds of the public interest or the simple economics of how much you will recover vs the cost of involving a partner in a law firm in your responses. However, if you do not wish to do so, I will authorize costs not to exceed the estimate of $100 without further authorization.
Sincerely,
M. Alan Thomas II
From:
Please remit payment for $100.00, made payable to Floyd County Schools, and we will begin our search for records. And, if the costs end up exceeding $100, then you will be responsible for same.
Thank you,
[cid:image001.png@01D7D09D.4733F7F0]<https://www.brinson-askew.com/>
I. Stewart Duggan | Partner
P.O. Box 5007 | 615 West First Street | Rome, GA 30162-5007
Main: 706.291.8853 | Direct: 706.295.0567 | Fax: 706.234.3574
isduggan@brinson-askew.com<mailto:isduggan@brinson-askew.com> | www.brinson-askew.com<https://www.brinson-askew.com/>
[cid:image002.png@01D7D09D.4733F7F0]<https://www.brinson-askew.com/>
[cid:image003.png@01D7D09D.4733F7F0]<https://www.google.com/search?ludocid=16702943958605673943&hl=en&q=Brinson%20Askew%20Berry%20615%20W%201st%20St%20Rome,%20GA%2030161&_ga=2.107769099.826751610.1538676663-59717324.1537278502#fpstate=lie>
[cid:image004.png@01D7D09D.4733F7F0]<http://www.facebook.com/BrinsonAskewBerry/>
[cid:image005.png@01D7D09D.4733F7F0]<http://www.linkedin.com/company/brinson-askew-berry-seigler-richardson-&-davis-llp>
[cid:image006.png@01D7D09D.4733F7F0]<https://twitter.com/BrinsonAskew>
[Platinum Client Champion][A Martindale-Hubbell Peer Rating reflects a combination of achieving a Very High General Ethical Standards rating and a Legal Ability numerical rating.]
DO NOT ACCEPT wiring instructions from anyone other than your closing attorney or secretary. BE CAUTIOUS if you receive subsequent emails changing previous wire instructions and independently verify any such communications.
WIRE INSTRUCTION SCAM. There are fraudsters who will compromise emails and send out fake wiring instructions to wire funds to their account. These fraudsters can create an email with similar looking email addresses, including logos, etc., as that of the entity they are impersonating. Please be aware of these tactics. DISREGARD ANY AND ALL emails of such nature.
CONFIDENTIALITY NOTICE: This e-mail, and any attachments, contains information from the law firm of Brinson, Askew, Berry, Seigler, Richardson & Davis, LLP that is intended solely for the use of the named recipient(s). This e-mail may contain privileged attorney/client communications or work product. If you believe you have received this e-mail in error, please notify the sender immediately and permanently delete the e-mail, any attachments, and all copies. Thank you for your cooperation.
From: M. Alan Thomas II
To Whom It May Concern:
Please find enclosed a check for $100.00 to satisfy the fee associated with the attached public records request.
Thank you.
From: M. Alan Thomas II
I have submitted a payment to Muckrock, which will generate a check and mail it to you as a prepayment of costs. You can verify this on Muckrock's page for this request. If your initial estimate that costs are less than $100 is correct, I will, of course, require reimbursement for any payment in excess of the costs you can legally collect.
Sincerely,
M. Alan Thomas II
From: Floyd County Schools
No, you need to send the check to my attention – but made payable to Floyd County Schools – at the following address:
Mr. Stewart Duggan
Brinson Askew Berry
P.O. Box 5007
Rome, GA 30162-5007
[cid:image001.png@01D7D1AD.986F5720]<https://www.brinson-askew.com/>
I. Stewart Duggan | Partner
P.O. Box 5007 | 615 West First Street | Rome, GA 30162-5007
Main: 706.291.8853 | Direct: 706.295.0567 | Fax: 706.234.3574
isduggan@brinson-askew.com<mailto:isduggan@brinson-askew.com> | www.brinson-askew.com<https://www.brinson-askew.com/>
[cid:image002.png@01D7D1AD.986F5720]<https://www.brinson-askew.com/>
[cid:image003.png@01D7D1AD.986F5720]<https://www.google.com/search?ludocid=16702943958605673943&hl=en&q=Brinson%20Askew%20Berry%20615%20W%201st%20St%20Rome,%20GA%2030161&_ga=2.107769099.826751610.1538676663-59717324.1537278502#fpstate=lie>
[cid:image004.png@01D7D1AD.986F5720]<http://www.facebook.com/BrinsonAskewBerry/>
[cid:image005.png@01D7D1AD.986F5720]<http://www.linkedin.com/company/brinson-askew-berry-seigler-richardson-&-davis-llp>
[cid:image006.png@01D7D1AD.986F5720]<https://twitter.com/BrinsonAskew>
[Platinum Client Champion][A Martindale-Hubbell Peer Rating reflects a combination of achieving a Very High General Ethical Standards rating and a Legal Ability numerical rating.]
DO NOT ACCEPT wiring instructions from anyone other than your closing attorney or secretary. BE CAUTIOUS if you receive subsequent emails changing previous wire instructions and independently verify any such communications.
WIRE INSTRUCTION SCAM. There are fraudsters who will compromise emails and send out fake wiring instructions to wire funds to their account. These fraudsters can create an email with similar looking email addresses, including logos, etc., as that of the entity they are impersonating. Please be aware of these tactics. DISREGARD ANY AND ALL emails of such nature.
CONFIDENTIALITY NOTICE: This e-mail, and any attachments, contains information from the law firm of Brinson, Askew, Berry, Seigler, Richardson & Davis, LLP that is intended solely for the use of the named recipient(s). This e-mail may contain privileged attorney/client communications or work product. If you believe you have received this e-mail in error, please notify the sender immediately and permanently delete the e-mail, any attachments, and all copies. Thank you for your cooperation.
From: M. Alan Thomas II
Mr. Duggan,
As I said in my last communication, Muckrock will be mailing you a prepayment check on my behalf as you requested. My last communication was simply letting you know that I had arranged for the payment and, indeed, already paid for it on my end. This was intended as a courtesy, as it will take a little while for the check to be processed, mailed, and arrive on your end.
To be clear, the prepayment on my part is intended as a gesture of good faith. As you well know, the law does not allow Floyd County Schools to require prepayment for estimated costs that do not exceed $500, and you have quoted me an estimate of under $100. Having agreed to pay the estimated costs is sufficient under the law, and you may not defer search and retrieval of the records once that agreement has been communicated. (GA Code § 50-18-71(d) (2014)) You received said agreement on November 3rd, and I look forward to the speedy production of records within three business days from that communication as the law requires.
Sincerely,
M. Alan Thomas II
From: Floyd County Schools
Mr. Thomas,
My email was simply to let you know that payment is to be remitted to my attention at my address, with the check made payable to Floyd County Schools. Again, my address is:
Mr. Stewart Duggan
Brinson Askew Berry
P.O. Box 5007
Rome, GA 30162
If you send the payment elsewhere, any response will be delayed.
[cid:image001.png@01D7D21D.38DD49F0]<https://www.brinson-askew.com/>
I. Stewart Duggan | Partner
P.O. Box 5007 | 615 West First Street | Rome, GA 30162-5007
Main: 706.291.8853 | Direct: 706.295.0567 | Fax: 706.234.3574
isduggan@brinson-askew.com<mailto:isduggan@brinson-askew.com> | www.brinson-askew.com<https://www.brinson-askew.com/>
[cid:image002.png@01D7D21D.38DD49F0]<https://www.brinson-askew.com/>
[cid:image003.png@01D7D21D.38DD49F0]<https://www.google.com/search?ludocid=16702943958605673943&hl=en&q=Brinson%20Askew%20Berry%20615%20W%201st%20St%20Rome,%20GA%2030161&_ga=2.107769099.826751610.1538676663-59717324.1537278502#fpstate=lie>
[cid:image004.png@01D7D21D.38DD49F0]<http://www.facebook.com/BrinsonAskewBerry/>
[cid:image005.png@01D7D21D.38DD49F0]<http://www.linkedin.com/company/brinson-askew-berry-seigler-richardson-&-davis-llp>
[cid:image006.png@01D7D21D.38DD49F0]<https://twitter.com/BrinsonAskew>
[Platinum Client Champion][A Martindale-Hubbell Peer Rating reflects a combination of achieving a Very High General Ethical Standards rating and a Legal Ability numerical rating.]
DO NOT ACCEPT wiring instructions from anyone other than your closing attorney or secretary. BE CAUTIOUS if you receive subsequent emails changing previous wire instructions and independently verify any such communications.
WIRE INSTRUCTION SCAM. There are fraudsters who will compromise emails and send out fake wiring instructions to wire funds to their account. These fraudsters can create an email with similar looking email addresses, including logos, etc., as that of the entity they are impersonating. Please be aware of these tactics. DISREGARD ANY AND ALL emails of such nature.
CONFIDENTIALITY NOTICE: This e-mail, and any attachments, contains information from the law firm of Brinson, Askew, Berry, Seigler, Richardson & Davis, LLP that is intended solely for the use of the named recipient(s). This e-mail may contain privileged attorney/client communications or work product. If you believe you have received this e-mail in error, please notify the sender immediately and permanently delete the e-mail, any attachments, and all copies. Thank you for your cooperation.
Floyd County Schools
Attn: Mr. Stewart Duggan
Brinson Askew Berry
P.O. Box 5007
Rome, GA 30162
From: M. Alan Thomas II
Thank you. The check has been generated and will be in transit shortly. You may track it here:
Sincerely,
M. Alan Thomas II
From: M. Alan Thomas II
It has now been four business days since I agreed to pay your estimate of costs, and as records have not been forthcoming, I would like an estimated timeline for their production pursuant to GA Code § 50-18-71(b)(1)(A) (2014): "In any instance where records are unavailable within three business days of receipt of the request, and responsive records exist, the agency shall, within such time period, provide the requester with a description of such records and a timeline for when the records will be available for inspection or copying and provide the responsive records or access thereto as soon as practicable."
Sincerely,
M. Alan Thomas II
From: Floyd County Schools
I repeatedly requested that you send the check to my offices, but apparently you ignored my requests. We have no record of having received the check for $100.00, and until we receive the check we will not be processing your request. Why you refused to follow my simple instructions is a mystery.
[cid:image001.png@01D7D608.FB885FA0]<https://www.brinson-askew.com/>
I. Stewart Duggan | Partner
P.O. Box 5007 | 615 West First Street | Rome, GA 30162-5007
Main: 706.291.8853 | Direct: 706.295.0567 | Fax: 706.234.3574
isduggan@brinson-askew.com<mailto:isduggan@brinson-askew.com> | www.brinson-askew.com<https://www.brinson-askew.com/>
[cid:image002.png@01D7D608.FB885FA0]<https://www.brinson-askew.com/>
[cid:image003.png@01D7D608.FB885FA0]<https://www.google.com/search?ludocid=16702943958605673943&hl=en&q=Brinson%20Askew%20Berry%20615%20W%201st%20St%20Rome,%20GA%2030161&_ga=2.107769099.826751610.1538676663-59717324.1537278502#fpstate=lie>
[cid:image004.png@01D7D608.FB885FA0]<http://www.facebook.com/BrinsonAskewBerry/>
[cid:image005.png@01D7D608.FB885FA0]<http://www.linkedin.com/company/brinson-askew-berry-seigler-richardson-&-davis-llp>
[cid:image006.png@01D7D608.FB885FA0]<https://twitter.com/BrinsonAskew>
[Platinum Client Champion][A Martindale-Hubbell Peer Rating reflects a combination of achieving a Very High General Ethical Standards rating and a Legal Ability numerical rating.]
DO NOT ACCEPT wiring instructions from anyone other than your closing attorney or secretary. BE CAUTIOUS if you receive subsequent emails changing previous wire instructions and independently verify any such communications.
WIRE INSTRUCTION SCAM. There are fraudsters who will compromise emails and send out fake wiring instructions to wire funds to their account. These fraudsters can create an email with similar looking email addresses, including logos, etc., as that of the entity they are impersonating. Please be aware of these tactics. DISREGARD ANY AND ALL emails of such nature.
CONFIDENTIALITY NOTICE: This e-mail, and any attachments, contains information from the law firm of Brinson, Askew, Berry, Seigler, Richardson & Davis, LLP that is intended solely for the use of the named recipient(s). This e-mail may contain privileged attorney/client communications or work product. If you believe you have received this e-mail in error, please notify the sender immediately and permanently delete the e-mail, any attachments, and all copies. Thank you for your cooperation.
From: M. Alan Thomas II
I have already provided you with tracking information for the check. If you would care to examine it, it shows that it has been made out and mailed to you exactly as requested. That being said:
Please provide either a Georgia Code citation or case law showing that you can delay processing of a request with an estimated cost not in excess of $500 once agreement to pay estimated costs has been received. I again point you to Georgia Code § 50-18-71(d) (2014):
"In any instance in which an agency will seek costs in excess of $25.00 for responding to a request, the agency shall notify the requester within a reasonable amount of time not to exceed three business days and inform the requester of the estimate of the costs, and the agency may defer search and retrieval of the records until the requester agrees to pay the estimated costs unless the requester has stated in his or her request a willingness to pay an amount that exceeds the search and retrieval costs. In any instance in which the estimated costs for production of the records exceeds $500.00, an agency may insist on prepayment of the costs prior to beginning search, retrieval, review, or production of the records. Whenever any person who has requested to inspect or copy a public record has not paid the cost for search, retrieval, redaction, or copying of such records when such charges have been lawfully incurred, an agency may require prepayment for compliance with all future requests for production of records from that person until the costs for the prior production of records have been paid or the dispute regarding payment resolved."
I have agreed to and stated a willingness to pay the estimated costs, as required for estimates in excess of $25. However, the law does not allow you to delay until you have the cash in hand unless one of two conditions are met: (1) If the estimated costs exceed $500; your insistence on a lower amount would render this portion of the law a dead letter. (2) If payment was never received after charges were lawfully incurred by the same requester in the past; this clearly contemplates that you produce documents prior to receiving payment, or else this situation could never occur.
The statute states that you require my agreement, not cash in hand. If there is case law to the contrary, I would appreciate your informing me of it. If there is not, please advise your client to fulfil their legal obligations.
Sincerely,
M. Alan Thomas II
From: Floyd County Schools
Mr. Thomas,
All School Board policies may be found online at https://simbli.eboardsolutions.com/Index.aspx?S=4068.
With respect to your other requests, please provide us with a more definite or definite time range. If you do not specify a more definitive time period, then we would expect to increase our estimate for processing.
By way of reminder, the request you previously sent stated:
All records pertaining to (1) Confederate, Black Lives Matter, or other race-based imagery and expression, (2) protests, or (3) other punishable expression or expressive activities in Floyd County Schools, including—but not limited to—all records of applicable rules and policies, of events involving such expression or expressive activities within the current school year, of enforcement actions under those rules and policies within the current school year, and of any internal or external discussion or legal advice pertaining to said records or related events.
Thank you,
[cid:image001.png@01D7D7D3.389F8A50]<https://www.brinson-askew.com/>
I. Stewart Duggan | Partner
P.O. Box 5007 | 615 West First Street | Rome, GA 30162-5007
Main: 706.291.8853 | Direct: 706.295.0567 | Fax: 706.234.3574
isduggan@brinson-askew.com<mailto:isduggan@brinson-askew.com> | www.brinson-askew.com<https://www.brinson-askew.com/>
[cid:image002.png@01D7D7D3.389F8A50]<https://www.brinson-askew.com/>
[cid:image003.png@01D7D7D3.389F8A50]<https://www.google.com/search?ludocid=16702943958605673943&hl=en&q=Brinson%20Askew%20Berry%20615%20W%201st%20St%20Rome,%20GA%2030161&_ga=2.107769099.826751610.1538676663-59717324.1537278502#fpstate=lie>
[cid:image004.png@01D7D7D3.389F8A50]<http://www.facebook.com/BrinsonAskewBerry/>
[cid:image005.png@01D7D7D3.389F8A50]<http://www.linkedin.com/company/brinson-askew-berry-seigler-richardson-&-davis-llp>
[cid:image006.png@01D7D7D3.389F8A50]<https://twitter.com/BrinsonAskew>
[Platinum Client Champion][A Martindale-Hubbell Peer Rating reflects a combination of achieving a Very High General Ethical Standards rating and a Legal Ability numerical rating.]
DO NOT ACCEPT wiring instructions from anyone other than your closing attorney or secretary. BE CAUTIOUS if you receive subsequent emails changing previous wire instructions and independently verify any such communications.
WIRE INSTRUCTION SCAM. There are fraudsters who will compromise emails and send out fake wiring instructions to wire funds to their account. These fraudsters can create an email with similar looking email addresses, including logos, etc., as that of the entity they are impersonating. Please be aware of these tactics. DISREGARD ANY AND ALL emails of such nature.
CONFIDENTIALITY NOTICE: This e-mail, and any attachments, contains information from the law firm of Brinson, Askew, Berry, Seigler, Richardson & Davis, LLP that is intended solely for the use of the named recipient(s). This e-mail may contain privileged attorney/client communications or work product. If you believe you have received this e-mail in error, please notify the sender immediately and permanently delete the e-mail, any attachments, and all copies. Thank you for your cooperation.
From: Floyd County Schools
Mr. Thomas,
This firm represents Floyd County Schools. After again conferring with our client, all responsive records subject to disclosure under the Georgia Open Records Act is attached to this email. Again, all school board policies may be found online at the web site previously provided to you, (i.e., at https://simbli.eboardsolutions.com/Index.aspx?S=4068 ).
Thank you,
[cid:image001.png@01D7D7D7.61B79280]<https://www.brinson-askew.com/>
I. Stewart Duggan | Partner
P.O. Box 5007 | 615 West First Street | Rome, GA 30162-5007
Main: 706.291.8853 | Direct: 706.295.0567 | Fax: 706.234.3574
isduggan@brinson-askew.com<mailto:isduggan@brinson-askew.com> | www.brinson-askew.com<https://www.brinson-askew.com/>
[cid:image002.png@01D7D7D7.61B79280]<https://www.brinson-askew.com/>
[cid:image003.png@01D7D7D7.61B79280]<https://www.google.com/search?ludocid=16702943958605673943&hl=en&q=Brinson%20Askew%20Berry%20615%20W%201st%20St%20Rome,%20GA%2030161&_ga=2.107769099.826751610.1538676663-59717324.1537278502#fpstate=lie>
[cid:image004.png@01D7D7D7.61B79280]<http://www.facebook.com/BrinsonAskewBerry/>
[cid:image005.png@01D7D7D7.61B79280]<http://www.linkedin.com/company/brinson-askew-berry-seigler-richardson-&-davis-llp>
[cid:image006.png@01D7D7D7.61B79280]<https://twitter.com/BrinsonAskew>
[Platinum Client Champion][A Martindale-Hubbell Peer Rating reflects a combination of achieving a Very High General Ethical Standards rating and a Legal Ability numerical rating.]
DO NOT ACCEPT wiring instructions from anyone other than your closing attorney or secretary. BE CAUTIOUS if you receive subsequent emails changing previous wire instructions and independently verify any such communications.
WIRE INSTRUCTION SCAM. There are fraudsters who will compromise emails and send out fake wiring instructions to wire funds to their account. These fraudsters can create an email with similar looking email addresses, including logos, etc., as that of the entity they are impersonating. Please be aware of these tactics. DISREGARD ANY AND ALL emails of such nature.
CONFIDENTIALITY NOTICE: This e-mail, and any attachments, contains information from the law firm of Brinson, Askew, Berry, Seigler, Richardson & Davis, LLP that is intended solely for the use of the named recipient(s). This e-mail may contain privileged attorney/client communications or work product. If you believe you have received this e-mail in error, please notify the sender immediately and permanently delete the e-mail, any attachments, and all copies. Thank you for your cooperation.
From: M. Alan Thomas II
Thank you for your prompt response. I have now had time to review the two short, previously-publicly-available videos and school policies. As you have not provided me with a schedule of withheld records giving "the specific legal authority exempting the requested record or records from disclosure by Code section, subsection, and paragraph," (Georgia Code § 50-18-71(d) (2014)), I shall take it as your clients' official, legal position that no emails or other readily-identifiable records of discussions of either the flag incident or the subsequent protests were created and the students who were suspended were suspended with no written record of either the suspensions or any discussion leading up to or subsequent to them. Indeed, your clients appear to be claiming to have no recorded correspondence with anyone regarding these matters ("internal or external discussion [...] pertaining to said records or related events" in the parlance of my request).
I assume that I have not heard from you further because you have yet to determine the actual, legally-collectable costs of providing me with one link and two videos already broadcast on local news and thus have not determined what refund I am due from my voluntary prepayment of estimated costs.
Yours,
M. Alan Thomas II
From: M. Alan Thomas II
It has been nearly a month since you supplied your clients' response to my request, at which time calculation of actual costs for fulfilling this request should have begun. It has been more than 10 working days since I inquired about the status of actual costs and any funds due to me from my prepayment of estimated costs. Is there a problem?
If there is a genuine difficulty, I will be happy to be patient. If you have complied but some breakdown between there and here has resulted in my not being informed by Muckrock, I will be entirely apologetic. If, however, you continue not responding to my inquiries regarding money which you illegally demanded on behalf of your client as an estimated payment and from which I might be due a partial refund, I may begin to suspect that you are not acting in good faith with regards to the statute and/or monies held in trust.
Sincerely,
M. Alan Thomas II
From: Floyd County Schools
Floyd County Schools has already fully responded. (See attached emails).
Thank you.
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Response to Open Records Request [IMAN-IMANAGE.FID234218]
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RE: Georgia Open Records Act Request: Protest and discipline standards and records (Rome, GA) [IMAN-IMANAGE.FID234218]
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From: M. Alan Thomas II
You received a check for *estimated* costs for this request, made out to your client. Your client is only allowed to collect the *actual* costs of fulfilling the request as defined by statute. To quote your own letter on the subject:
"We estimate the cost of retrieval, copying. and producing the responsive documents to be under $100.00. However, you will be responsible for the total actual fees incurred in retrieval, redaction, production, and copying."
You received a check made out to your client for $100.00. If your own estimate was correct, I will be owed a refund once total actual fees have been calculated. Are you or your client refusing to return money that I am legally entitled to possession of?
—M. Alan Thomas II
From: M. Alan Thomas II
The $100 check you received has not been deposited. Has it been voided and destroyed? If not, please inform me when it has been voided and destroyed, as no accounting of legally-collectable costs has been forthcoming.
Sincerely,
M. Alan Thomas II
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