Business Insider public records law request August 16 2022

To Whom It May Concern:

Pursuant to the Arkansas Freedom of Information Act, I hereby request the following records:

-All separation agreements and settlements reached with current and former teachers who taught in the district between January 1, 2017 through the day this request is fulfilled.

-All public records relating to any and all claims of misconduct against current and former teachers who taught in the district between January 1, 2017 through the day this request is fulfilled. Such public records should include, but not be limited to, all complaints; allegations; claims; investigatory reports; analyses; summaries; memoranda and/or notes; interview recordings; transcripts and/or notes; reviews; emails, text or other electronic messages, voicemails, and/or other communications and/or correspondence; determinations; decisions; orders; resignation letters; employment reclassification documents; offers in compromise and/or settlement agreements; termination and/or transfer papers; letters of reproval and/or other disciplinary actions, whether imposed or not; referrals to law enforcement, administrative, and/or licensing agencies, departments, and/or bodies; appeals; court filings and/or rulings; and all similar materials notwithstanding the use of other terminology, nomenclature, or categorization by this or other involved public agencies.

To further clarify this request, the scope of the misconduct at issue arises from, relates to, and/or is a consequence of sexual behavior and/or activities with district students, whether currently or previously enrolled, and notwithstanding whether any such behavior and/or activities were proven to have occurred or not. The construction of this request should be understood to be liberal and expansive, such that all public records which may be remotely responsive should be produced in full and may only be withheld and/or redacted only as required by law.

I would like these records in the electronic format that they are stored in, transmitted via email or other digital method; please refrain from sending paper copies of the records.

Rather than provide all responsive records at once, I ask that you provide copies of records on a rolling basis, as they become available.

If you determine that any of the information qualifies for an exemption from disclosure, I ask you to note whether the exemption is discretionary, and if so whether it is necessary in this case to exercise your discretion to withhold the information. In any event, please provide a signed notification citing the legal authorities on which you rely if you determine that any of the information is exempt and will not be disclosed.

Please waive any applicable fees; this information is being sought for reporting purposes. If I can provide any clarification that will help expedite the processing of my request, please contact me directly, at mdrange@insider.com.

Note: a delay in access to these records is tantamount to a denial of access.

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,

Nicole Kanu, a citizen of Arkansas, in coordination with Insider Staff.

Good afternoon,

Thank you for the update. It appears you have misunderstood or misconstrued virtually every aspect of this request, from my status as a state resident to the scope of the request itself as well as the limits of the applicable legal exemptions. I will address each below. I am hopeful that we may resolve this matter without seeking a judicial remedy.

First, I am, in fact, an Arkansas resident, contrary to your misguided and frankly rude assertion. What documentation does the Fort Smith Public Schools require from requesters to demonstrate residency? And why, after you have attempted to wrongfully deny my request, are you making such an assertion now rather than last month when I submitted the request?

Second, my request is neither overly broad nor overly burdensome. Indeed, I've requested the same records from a dozen other school districts across the state, including several that are much larger than yours and therefore hold many more responsive records. None have been confused or otherwise unable to process my request. What, exactly, is unclear about the nature of the requested records?

Third, my request seeks, in part, copies of separation and settlement agreements with former teachers. Clearly, there is nothing ambiguous or unclear about what these records are. Nor are these records a matter of an employee's personnel file. Please confirm your understanding of this and let me know when I should expect to receive copies of the requested agreements. Of course, with some 1,000 teachers, it would defy logic that your office would not have separated with a single employee since 2017.

Fourth, to the extent that you are denying my request due to FERPA, this law regards student education records. In what scenario would disciplinary records associated with teacher misconduct be considered student records? Regardless, while the Arkansas Freedom of Information Act does allow agencies to withhold certain aspects of an employee's personnel file, none of the exemptions under the law apply to matters of student safety or sexual abuse. Indeed, given the district's immense obligation to ensure student safety, these documents are plainly a matter of public record, as every other district I've requested these records from has found. I can only assume the Fort Smith Public Schools similarly values student safety.

Hello, I still haven't received any responsive records for this request. I'm hopeful that we can resolve this issue without seeking a judicial remedy through the courts. Can you please advise?