KENT 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

K. Katakiuchi filed this request with the Kent School District of Kent, WA.
Tracking #

22-23-93

22-23-130

Due Feb. 16, 2023
Est. Completion Jan. 30, 2024
Status
Awaiting Response

Communications

From: K. Katakiuchi

KENT 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: PublicRecords@Kent.k12.wa.us

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.

From: Kent School District

Good Afternoon,

The district is in receipt of your request 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.

Note: Parents and students seeking GRADES and/or TRANSCRIPTS in the year 2022 can be excluded from this request.

The District will respond to your request under the Public Records Act, RCW 42.56 et seq. with a first installment no later than March 3, 2023. In the meantime, We endeavor to calculate the estimated cost of the deposit, if any, and communicate that to you before the March 3, 2023 date.

Sincerely,

[cid:image001.png@01D93BD7.5185A220]<https://us-east-2.protection.sophos.com/?d=kent.k12.wa.us&u=aHR0cDovL3d3dy5rZW50LmsxMi53YS51cy8=&e=bGJyYXppbGVAa3Vvdy5vcmc=&h=d6ef8f34c41045f7a123e0f865a2f995&t=bnZCSVU5eEZ0Uy9VSlJ3eG5kU3VUdFBSN3NqWFl3MXBHQ2ZYWVBRMUhVRT0=>
Tyler Inboden (She/Her)
Public Records Officer
Superintendent’s Office | Kent School District<https://us-east-2.protection.sophos.com/?d=kent.k12.wa.us&u=aHR0cDovL3d3dy5rZW50LmsxMi53YS51cy8=&e=bGJyYXppbGVAa3Vvdy5vcmc=&h=d6ef8f34c41045f7a123e0f865a2f995&t=bnZCSVU5eEZ0Uy9VSlJ3eG5kU3VUdFBSN3NqWFl3MXBHQ2ZYWVBRMUhVRT0=>
12033 SE 256th Street, A-100, Kent, WA 98030-6503
O: (253) 373-7218 | Tyler.Inboden@kent.k12.wa.us<mailto:Tyler.Inboden@kent.k12.wa.us>

CONFIDENTIALITY NOTICE: This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message.

From: Kent School District

Good morning,

At this time, the Kent school district is still processing your request and calculating the fees. We anticipate having the applicable fee amount to you on or before March 8, 2023. We apologize for any inconvenience, this extension is due to a high volume of staff out of the office for mid winter break and the large amount of record requests the district receives.

Sincerely,
Tyler

From: Kent School District

Good Afternoon,

The District is processing your request for the following: . 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.

Based on the information provided, we have run the search and it has pulled back roughly 8,300 items the total estimated preliminary cost is $103.75 with a 10% deposit of $10.37.

The attached form will direct you to Kent School District’s online payment account system. Once you make your deposit, you will receive a receipt for the payment. Your Public Records number is 22-23-93 Muckrock

The extent of the charges is based on the amount of electronic records that are responsive to your request.

Per District Procedure 4040P and RCW 42.56.120, the District charges the following fees for electronic copies of records:

1. Ten cents per page for public records scanned into an electronic format or for the use of district equipment to scan the records;

2. Five cents per each four electronic files or attachment uploaded to email, cloud-based data storage service, or other means of electronic delivery;

3. Ten cents per gigabyte for the transmission of public records in an electronic format or for the use of district equipment to send the records electronically; and

4. The actual cost of any digital storage media or device provided by the district, the actual cost of any container or envelope used to mail the copies to the requestor, and the actual postage or delivery charge.

Any applicable copying costs must be received by the District before the District discloses records. Additionally, District Procedure 4040P and RCW 42.56.120 authorize the District to require a deposit of up to ten percent of the total estimated costs of providing copies for a request.

If you would like to narrow your scope or provide additional information to help reduce the amount, please let us know.

Sincerely,

[cid:image001.png@01D95103.62E5F650]<https://us-east-2.protection.sophos.com/?d=kent.k12.wa.us&u=aHR0cDovL3d3dy5rZW50LmsxMi53YS51cy8=&e=bGJyYXppbGVAa3Vvdy5vcmc=&h=d6ef8f34c41045f7a123e0f865a2f995&t=bnZCSVU5eEZ0Uy9VSlJ3eG5kU3VUdFBSN3NqWFl3MXBHQ2ZYWVBRMUhVRT0=>
Tyler Inboden (She/Her)
Public Records Officer
Superintendent’s Office | Kent School District<https://us-east-2.protection.sophos.com/?d=kent.k12.wa.us&u=aHR0cDovL3d3dy5rZW50LmsxMi53YS51cy8=&e=bGJyYXppbGVAa3Vvdy5vcmc=&h=d6ef8f34c41045f7a123e0f865a2f995&t=bnZCSVU5eEZ0Uy9VSlJ3eG5kU3VUdFBSN3NqWFl3MXBHQ2ZYWVBRMUhVRT0=>
12033 SE 256th Street, A-100, Kent, WA 98030-6503
O: (253) 373-7218 | Tyler.Inboden@kent.k12.wa.us<mailto:Tyler.Inboden@kent.k12.wa.us>

CONFIDENTIALITY NOTICE: This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message.

From: K. Katakiuchi

3-8-23

via email to: publicrecords@kent.k12.wa.us

Hello,

Your fee proposal for electronic documents seems inflated.

You state:

"Based on the information provided, we have run the search and it has pulled back roughly 8,300 items the total estimated preliminary cost is $103.75 with a 10% deposit of $10.37."

Please provide an updated fee estimate AFTER applying fees and standard electronic file compression such as .zip or .rar (Also in regular use by your agency in the course of normal day to day operations as covers by statute).

A detailed invoice would be appreciated. How many documents need to be scanned? Is this fee estimate for electronic documents only?

Let me know if you have any questions about this.

Thank you.

From: Kent School District

Good Morning,

The District is in receipt of your email.

We will be producing records in the format and method of which they were sent to the initial requestor to avoid confusion, delay, and to help us track what was sent over the course of fulfilling this request which will be the request itself and the responsive documents to that request (which is not sent in electronic file compression such as .zip or .rar) This in the most efficient manner available to the agency in our normal operations as requests are typically processed in installments.

This request will not require the scanning of any documents.

The preliminary 8,300 responsive items include but is not limited to all emails, pdfs, excel spreadsheets, links, and photos that have been sent in response to a requests.

The total estimated preliminary cost is $103.75 with a 10% deposit of $10.37.

The attached form will direct you to Kent School District’s online payment account system. Once you make your deposit, you will receive a receipt for the payment. Your Public Records number is 22-23-93 Muckrock

The extent of the charges is based on the amount of electronic records that are responsive to your request.

Per District Procedure 4040P and RCW 42.56.120, the District charges the following fees for electronic copies of records:

1. Ten cents per page for public records scanned into an electronic format or for the use of district equipment to scan the records;

2. Five cents per each four electronic files or attachment uploaded to email, cloud-based data storage service, or other means of electronic delivery;

3. Ten cents per gigabyte for the transmission of public records in an electronic format or for the use of district equipment to send the records electronically; and

4. The actual cost of any digital storage media or device provided by the district, the actual cost of any container or envelope used to mail the copies to the requestor, and the actual postage or delivery charge.

Any applicable copying costs must be received by the District before the District discloses records. Additionally, District Procedure 4040P and RCW 42.56.120 authorize the District to require a deposit of up to ten percent of the total estimated costs of providing copies for a request.
If you would like to narrow your scope or provide additional information to help reduce the amount, please let us know

Sincerely,

[cid:image001.png@01D95591.98E78970]<https://us-east-2.protection.sophos.com/?d=kent.k12.wa.us&u=aHR0cDovL3d3dy5rZW50LmsxMi53YS51cy8=&e=bGJyYXppbGVAa3Vvdy5vcmc=&h=d6ef8f34c41045f7a123e0f865a2f995&t=bnZCSVU5eEZ0Uy9VSlJ3eG5kU3VUdFBSN3NqWFl3MXBHQ2ZYWVBRMUhVRT0=>
Tyler Inboden (She/Her)
Public Records Officer
Superintendent’s Office | Kent School District<https://us-east-2.protection.sophos.com/?d=kent.k12.wa.us&u=aHR0cDovL3d3dy5rZW50LmsxMi53YS51cy8=&e=bGJyYXppbGVAa3Vvdy5vcmc=&h=d6ef8f34c41045f7a123e0f865a2f995&t=bnZCSVU5eEZ0Uy9VSlJ3eG5kU3VUdFBSN3NqWFl3MXBHQ2ZYWVBRMUhVRT0=>
12033 SE 256th Street, A-100, Kent, WA 98030-6503
O: (253) 373-7218 | Tyler.Inboden@kent.k12.wa.us<mailto:Tyler.Inboden@kent.k12.wa.us>

CONFIDENTIALITY NOTICE: This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message.

From: K. Katakiuchi

3-19-23

via email to: publicrecords@kent.k12.wa.us

Hello,

Regarding fees and compression, etc. If the preliminary 8,300 responsive electronic file items including emails, pdfs, excel spreadsheets, links, and photos that have been sent in response to requests were compressed with .zip compression into equal 10GB .zip files for fee calculation and production, how many 10GB .zip files would be produced? For instance a 100GB file compressed in .zip files of 10GB each might result in nine (9) 10GB .zip files and one (1) 8.5GB zip file for a total of ten (10) electronic files.

I am asking because I request the 8,300 responsive electronic file items to undergo a final .zip compression before fee calculation and production.

I think you understand.

Thank you

From: Kent School District

Good Morning,

At this time due to the size of this request and the volume of record requests we receive, it will be provided in installments, not all at once. The Kent school district is attempting to fulfill your request for records. We are following the standards and procedures set forth by RCW 42.56.050 as well as the Kent School District policy and procedures.
We will be producing records in the format and method of which they were sent to the initial requestor to avoid confusion, delay, and to help us track what was sent over the course of fulfilling this request, which will be the request itself and the responsive documents to that request. This in the most efficient manner available to the agency in its normal operations.

The total estimated preliminary cost is $103.75 with a 10% deposit of $10.37.

The attached form will direct you to Kent School District’s online payment account system. Once you make your deposit, you will receive a receipt for the payment. Your Public Records number is 22-23-93 Muckrock

The extent of the charges is based on the amount of electronic records that are responsive to your request.

Per District Procedure 4040P and RCW 42.56.120, the District charges the following fees for electronic copies of records:
(i) Fifteen cents per page for photocopies of public records, printed copies of electronic public records when requested by the person requesting records, or for the use of agency equipment to photocopy public records;
(ii) Ten cents per page for public records scanned into an electronic format or for the use of agency equipment to scan the records;
(iii) Five cents per each four electronic files or attachment uploaded to email, cloud-based data storage service, or other means of electronic delivery; and
(iv) Ten cents per gigabyte for the transmission of public records in an electronic format or for the use of agency equipment to send the records electronically. The agency shall take reasonable steps to provide the records in the most efficient manner available to the agency in its normal operations; and
(v) The actual cost of any digital storage media or device provided by the agency, the actual cost of any container or envelope used to mail the copies to the requestor, and the actual postage or delivery charge.
(c) The charges in (b) of this subsection may be combined to the extent that more than one type of charge applies to copies produced in response to a particular request.

Sincerely,

[cid:image001.png@01D95B17.D41FCE90]<https://us-east-2.protection.sophos.com/?d=kent.k12.wa.us&u=aHR0cDovL3d3dy5rZW50LmsxMi53YS51cy8=&e=bGJyYXppbGVAa3Vvdy5vcmc=&h=d6ef8f34c41045f7a123e0f865a2f995&t=bnZCSVU5eEZ0Uy9VSlJ3eG5kU3VUdFBSN3NqWFl3MXBHQ2ZYWVBRMUhVRT0=>
Tyler Inboden (She/Her)
Public Records Officer
Superintendent’s Office | Kent School District<https://us-east-2.protection.sophos.com/?d=kent.k12.wa.us&u=aHR0cDovL3d3dy5rZW50LmsxMi53YS51cy8=&e=bGJyYXppbGVAa3Vvdy5vcmc=&h=d6ef8f34c41045f7a123e0f865a2f995&t=bnZCSVU5eEZ0Uy9VSlJ3eG5kU3VUdFBSN3NqWFl3MXBHQ2ZYWVBRMUhVRT0=>
12033 SE 256th Street, A-100, Kent, WA 98030-6503
O: (253) 373-7218 | Tyler.Inboden@kent.k12.wa.us<mailto:Tyler.Inboden@kent.k12.wa.us>

CONFIDENTIALITY NOTICE: This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message.

From: K. Katakiuchi

03-21-23

email: PublicRecords@kent.k12.wa.us

Hello,

You did not answer any of my questions. I need answers before I can make a decision on fees:

3-19-23

via email to: publicrecords@kent.k12.wa.us

Hello,

Regarding fees and compression, etc. If the preliminary 8,300 responsive electronic file items including emails, pdfs, excel spreadsheets, links, and photos that have been sent in response to requests were compressed with .zip compression into equal 10GB .zip files for fee calculation and production, how many 10GB .zip files would be produced? For instance a 100GB file compressed in .zip files of 10GB each might result in nine (9) 10GB .zip files and one (1) 8.5GB zip file for a total of ten (10) electronic files.

I am asking because I request the 8,300 responsive electronic file items to undergo a final .zip compression before fee calculation and production.

From: Kent School District
03/20/2023
Subject: 22-23-93 Muckrock

Good Morning,

At this time due to the size of this request and the volume of record requests we receive, it will be provided in installments, not all at once. The Kent school district is attempting to fulfill your request for records. We are following the standards and procedures set forth by RCW 42.56.050 as well as the Kent School District policy and procedures.
We will be producing records in the format and method of which they were sent to the initial requestor to avoid confusion, delay, and to help us track what was sent over the course of fulfilling this request, which will be the request itself and the responsive documents to that request. This in the most efficient manner available to the agency in its normal operations.

The total estimated preliminary cost is $103.75 with a 10% deposit of $10.37.

The attached form will direct you to Kent School District’s online payment account system. Once you make your deposit, you will receive a receipt for the payment. Your Public Records number is 22-23-93 Muckrock

The extent of the charges is based on the amount of electronic records that are responsive to your request.

Per District Procedure 4040P and RCW 42.56.120, the District charges the following fees for electronic copies of records:
(i) Fifteen cents per page for photocopies of public records, printed copies of electronic public records when requested by the person requesting records, or for the use of agency equipment to photocopy public records;
(ii) Ten cents per page for public records scanned into an electronic format or for the use of agency equipment to scan the records;
(iii) Five cents per each four electronic files or attachment uploaded to email, cloud-based data storage service, or other means of electronic delivery; and
(iv) Ten cents per gigabyte for the transmission of public records in an electronic format or for the use of agency equipment to send the records electronically. The agency shall take reasonable steps to provide the records in the most efficient manner available to the agency in its normal operations; and
(v) The actual cost of any digital storage media or device provided by the agency, the actual cost of any container or envelope used to mail the copies to the requestor, and the actual postage or delivery charge.
(c) The charges in (b) of this subsection may be combined to the extent that more than one type of charge applies to copies produced in response to a particular request.

Sincerely,

[cid:image001.png@01D95B17.D41FCE90]<https://us-east-2.protection.sophos.com/?d=kent.k12.wa.us&u=aHR0cDovL3d3dy5rZW50LmsxMi53YS51cy8=&e=bGJyYXppbGVAa3Vvdy5vcmc=&h=d6ef8f34c41045f7a123e0f865a2f995&t=bnZCSVU5eEZ0Uy9VSlJ3eG5kU3VUdFBSN3NqWFl3MXBHQ2ZYWVBRMUhVRT0=>
Tyler Inboden (She/Her)
Public Records Officer
Superintendent’s Office | Kent School District<https://us-east-2.protection.sophos.com/?d=kent.k12.wa.us&u=aHR0cDovL3d3dy5rZW50LmsxMi53YS51cy8=&e=bGJyYXppbGVAa3Vvdy5vcmc=&h=d6ef8f34c41045f7a123e0f865a2f995&t=bnZCSVU5eEZ0Uy9VSlJ3eG5kU3VUdFBSN3NqWFl3MXBHQ2ZYWVBRMUhVRT0=>
12033 SE 256th Street, A-100, Kent, WA 98030-6503
O: (253) 373-7218 | Tyler.Inboden@kent.k12.wa.us<mailto:Tyler.Inboden@kent.k12.wa.us>

From: Kent School District

Good Morning,

The Kent school District has answered your questions. This request will be processed in numerous installments, an exact amount of installments cannot be estimated. We will be producing records in the format and method of which they were sent to the initial requestor to avoid confusion, delay, and to help us track what was sent over the course of fulfilling this request (not in a compressed or zip file). This in the most efficient manner available to the agency in its normal operations as we continue to process record requests.

Sincerely,

[cid:image001.png@01D95E3A.52987EA0]<https://us-east-2.protection.sophos.com/?d=kent.k12.wa.us&u=aHR0cDovL3d3dy5rZW50LmsxMi53YS51cy8=&e=bGJyYXppbGVAa3Vvdy5vcmc=&h=d6ef8f34c41045f7a123e0f865a2f995&t=bnZCSVU5eEZ0Uy9VSlJ3eG5kU3VUdFBSN3NqWFl3MXBHQ2ZYWVBRMUhVRT0=>
Tyler Inboden (She/Her)
Public Records Officer
Superintendent’s Office | Kent School District<https://us-east-2.protection.sophos.com/?d=kent.k12.wa.us&u=aHR0cDovL3d3dy5rZW50LmsxMi53YS51cy8=&e=bGJyYXppbGVAa3Vvdy5vcmc=&h=d6ef8f34c41045f7a123e0f865a2f995&t=bnZCSVU5eEZ0Uy9VSlJ3eG5kU3VUdFBSN3NqWFl3MXBHQ2ZYWVBRMUhVRT0=>
12033 SE 256th Street, A-100, Kent, WA 98030-6503
O: (253) 373-7218 | Tyler.Inboden@kent.k12.wa.us<mailto:Tyler.Inboden@kent.k12.wa.us>

CONFIDENTIALITY NOTICE: This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message.

From: K. Katakiuchi

3-25-23

via email to: Tyler.Inboden@kent.k12.wa.us

Hello,

Thank you for the answer. I understand you are refusing to use requested compression. In my opinion this is a misguided attempt to inflate fees and discourage public records requests.

Please provide the contact information for your immediate supervisor. I want to discuss this further.

Thank you.

From: K. Katakiuchi

3-27-23

via email to: Tyler.Inboden@kent.k12.wa.us

Hello,

I am sure you are aware your agency is required to publish procedures as authorized by law.

Obviously you cannot unilaterally just choose to make it up as you go along.

I do not choose to argue with you, and I am not legally required to do so to process a public records request.

PER RCW 42.56.040 Duty to publish procedures:

(1) Each state agency shall separately state and currently publish in the Washington Administrative Code and each local agency shall prominently display and make available for inspection and copying at the central office of such local agency, for guidance of the public:
(a) Descriptions of its central and field organization and the established places at which, the employees from whom, and the methods whereby, the public may obtain information, make submittals or requests, or obtain copies of agency decisions;
(b) Statements of the general course and method by which its operations are channeled and determined, including the nature and requirements of all formal and informal procedures available;
(c) Rules of procedure;
(d) Substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by the agency; and
(e) Each amendment or revision to, or repeal of any of the foregoing.
(2) Except to the extent that he or she has actual and timely notice of the terms thereof, a person may not in any manner be required to resort to, or be adversely affected by, a matter required to be published or displayed and not so published or displayed.

Please send me an electronic copy of your agency's (1)(b),(1)(c),(1)(d),and (1)(e) regarding your agency's adopted procedures and rules governing the processing of public records requests.

I am specifically requesting that your agency process my public records request by using common sense digital compression for electronic records all of which are in common use by your agency.

On behalf of your agency, you are refusing to do so.

Now I am requesting a copy of your agency rules justifying your position that you are not required to honor my request, as well as any rules of procedure you have for specifically processing public records requests in the manner you are insisting on.

Thank you.

From: Kent School District

Good Afternoon,

The Kent School District is in receipt of your public records request for the following:

PER RCW 42.56.040 Duty to publish procedures:

(1) Each state agency shall separately state and currently publish in the Washington Administrative Code and each local agency shall prominently display and make available for inspection and copying at the central office of such local agency, for guidance of the public:
(a) Descriptions of its central and field organization and the established places at which, the employees from whom, and the methods whereby, the public may obtain information, make submittals or requests, or obtain copies of agency decisions;
(b) Statements of the general course and method by which its operations are channeled and determined, including the nature and requirements of all formal and informal procedures available;
(c) Rules of procedure;
(d) Substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by the agency; and
(e) Each amendment or revision to, or repeal of any of the foregoing.
(2) Except to the extent that he or she has actual and timely notice of the terms thereof, a person may not in any manner be required to resort to, or be adversely affected by, a matter required to be published or displayed and not so published or displayed.

Please send me an electronic copy of your agency's (1)(b),(1)(c),(1)(d),and (1)(e) regarding your agency's adopted procedures and rules governing the processing of public records requests.

I am specifically requesting that your agency process my public records request by using common sense digital compression for electronic records all of which are in common use by your agency.

On behalf of your agency, you are refusing to do so.

Now I am requesting a copy of your agency rules justifying your position that you are not required to honor my request, as well as any rules of procedure you have for specifically processing public records requests in the manner you are insisting on.

With anticipate have any responsive records to you on or before April 19, 2023.

Sincerely,

[cid:image001.png@01D9663F.090B0430]<https://us-east-2.protection.sophos.com/?d=kent.k12.wa.us&u=aHR0cDovL3d3dy5rZW50LmsxMi53YS51cy8=&e=bGJyYXppbGVAa3Vvdy5vcmc=&h=d6ef8f34c41045f7a123e0f865a2f995&t=bnZCSVU5eEZ0Uy9VSlJ3eG5kU3VUdFBSN3NqWFl3MXBHQ2ZYWVBRMUhVRT0=>
Tyler Inboden (She/Her)
Public Records Officer
Superintendent’s Office | Kent School District<https://us-east-2.protection.sophos.com/?d=kent.k12.wa.us&u=aHR0cDovL3d3dy5rZW50LmsxMi53YS51cy8=&e=bGJyYXppbGVAa3Vvdy5vcmc=&h=d6ef8f34c41045f7a123e0f865a2f995&t=bnZCSVU5eEZ0Uy9VSlJ3eG5kU3VUdFBSN3NqWFl3MXBHQ2ZYWVBRMUhVRT0=>
12033 SE 256th Street, A-100, Kent, WA 98030-6503
O: (253) 373-7218 | Tyler.Inboden@kent.k12.wa.us<mailto:Tyler.Inboden@kent.k12.wa.us>

CONFIDENTIALITY NOTICE: This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message.

From: Kent School District

Good Afternoon,

The Kent School District follows District Procedure 4040P and RCW 42.56.120 when calculating costs and fees. This request will be processed in numerous installments, an exact amount of installments cannot be estimated. We will be producing records in the format and method of which they were sent to the initial requestor to avoid confusion, delay, and to help us track what was sent over the course of fulfilling this request (not in a compressed or zip file). This in the most efficient manner available to the agency in its normal operations as we continue to process record requests.

As for your request for information regarding my supervisor, that would be our General Counsel for the Kent School District, Paul Brachvogel, MSc., J.D. and his email is as follows: Paul.Brachvogel@kent.k12.wa.us<mailto:Paul.Brachvogel@kent.k12.wa.us>

Sincerely,

[cid:image001.png@01D96641.01206D30]<https://us-east-2.protection.sophos.com/?d=kent.k12.wa.us&u=aHR0cDovL3d3dy5rZW50LmsxMi53YS51cy8=&e=bGJyYXppbGVAa3Vvdy5vcmc=&h=d6ef8f34c41045f7a123e0f865a2f995&t=bnZCSVU5eEZ0Uy9VSlJ3eG5kU3VUdFBSN3NqWFl3MXBHQ2ZYWVBRMUhVRT0=>
Tyler Inboden (She/Her)
Public Records Officer
Superintendent’s Office | Kent School District<https://us-east-2.protection.sophos.com/?d=kent.k12.wa.us&u=aHR0cDovL3d3dy5rZW50LmsxMi53YS51cy8=&e=bGJyYXppbGVAa3Vvdy5vcmc=&h=d6ef8f34c41045f7a123e0f865a2f995&t=bnZCSVU5eEZ0Uy9VSlJ3eG5kU3VUdFBSN3NqWFl3MXBHQ2ZYWVBRMUhVRT0=>
12033 SE 256th Street, A-100, Kent, WA 98030-6503
O: (253) 373-7218 | Tyler.Inboden@kent.k12.wa.us<mailto:Tyler.Inboden@kent.k12.wa.us>

CONFIDENTIALITY NOTICE: This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message.

On March 25, 2023:
Subject: RE: Washington Public Records Act Request: KENT 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
3-25-23

via email to: Tyler.Inboden@kent.k12.wa.us

Hello,

Thank you for the answer. I understand you are refusing to use requested compression. In my opinion this is a misguided attempt to inflate fees and discourage public records requests.

Please provide the contact information for your immediate supervisor. I want to discuss this further.

Thank you.
---

On March 24, 2023:
Subject: RE: Washington Public Records Act Request: KENT 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
Good Morning,

The Kent school District has answered your questions. This request will be processed in numerous installments, an exact amount of installments cannot be estimated. We will be producing records in the format and method of which they were sent to the initial requestor to avoid confusion, delay, and to help us track what was sent over the course of fulfilling this request (not in a compressed or zip file). This in the most efficient manner available to the agency in its normal operations as we continue to process record requests.

Sincerely,

[cid:image001.png@01D95E3A.52987EA0]<https://us-east-2.protection.sophos.com/?d=kent.k12.wa.us&u=aHR0cDovL3d3dy5rZW50LmsxMi53YS51cy8=&e=bGJyYXppbGVAa3Vvdy5vcmc=&h=d6ef8f34c41045f7a123e0f865a2f995&t=bnZCSVU5eEZ0Uy9VSlJ3eG5kU3VUdFBSN3NqWFl3MXBHQ2ZYWVBRMUhVRT0=>
Tyler Inboden (She/Her)
Public Records Officer
Superintendent’s Office | Kent School District<https://us-east-2.protection.sophos.com/?d=kent.k12.wa.us&u=aHR0cDovL3d3dy5rZW50LmsxMi53YS51cy8=&e=bGJyYXppbGVAa3Vvdy5vcmc=&h=d6ef8f34c41045f7a123e0f865a2f995&t=bnZCSVU5eEZ0Uy9VSlJ3eG5kU3VUdFBSN3NqWFl3MXBHQ2ZYWVBRMUhVRT0=>
12033 SE 256th Street, A-100, Kent, WA 98030-6503
O: (253) 373-7218 | Tyler.Inboden@kent.k12.wa.us<mailto:Tyler.Inboden@kent.k12.wa.us>

CONFIDENTIALITY NOTICE: This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message.

---

On March 21, 2023:
Subject: RE: Washington Public Records Act Request: KENT 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
03-21-23

email: PublicRecords@kent.k12.wa.us

Hello,

You did not answer any of my questions. I need answers before I can make a decision on fees:

3-19-23

via email to: publicrecords@kent.k12.wa.us

Hello,

Regarding fees and compression, etc. If the preliminary 8,300 responsive electronic file items including emails, pdfs, excel spreadsheets, links, and photos that have been sent in response to requests were compressed with .zip compression into equal 10GB .zip files for fee calculation and production, how many 10GB .zip files would be produced? For instance a 100GB file compressed in .zip files of 10GB each might result in nine (9) 10GB .zip files and one (1) 8.5GB zip file for a total of ten (10) electronic files.

I am asking because I request the 8,300 responsive electronic file items to undergo a final .zip compression before fee calculation and production.

From: Kent School District

Good Afternoon,

The Kent School District follows District Procedure 4040P and RCW 42.56.120 when calculating costs and fees. This request will be processed in numerous installments, an exact amount of installments cannot be estimated. We will be producing records in the format and method of which they were sent to the initial requestor to avoid confusion, delay, and to help us track what was sent over the course of fulfilling this request (not in a compressed or zip file). This in the most efficient manner available to the agency in its normal operations as we continue to process record requests.

As for your request for information regarding my supervisor, that would be our General Counsel for the Kent School District, Paul Brachvogel, MSc., J.D. and his email is as follows: Paul.Brachvogel@kent.k12.wa.us<mailto:Paul.Brachvogel@kent.k12.wa.us>

Sincerely,

[cid:image001.png@01D96641.01206D30]<https://us-east-2.protection.sophos.com/?d=kent.k12.wa.us&u=aHR0cDovL3d3dy5rZW50LmsxMi53YS51cy8=&e=bGJyYXppbGVAa3Vvdy5vcmc=&h=d6ef8f34c41045f7a123e0f865a2f995&t=bnZCSVU5eEZ0Uy9VSlJ3eG5kU3VUdFBSN3NqWFl3MXBHQ2ZYWVBRMUhVRT0=>
Tyler Inboden (She/Her)
Public Records Officer
Superintendent’s Office | Kent School District<https://us-east-2.protection.sophos.com/?d=kent.k12.wa.us&u=aHR0cDovL3d3dy5rZW50LmsxMi53YS51cy8=&e=bGJyYXppbGVAa3Vvdy5vcmc=&h=d6ef8f34c41045f7a123e0f865a2f995&t=bnZCSVU5eEZ0Uy9VSlJ3eG5kU3VUdFBSN3NqWFl3MXBHQ2ZYWVBRMUhVRT0=>
12033 SE 256th Street, A-100, Kent, WA 98030-6503
O: (253) 373-7218 | Tyler.Inboden@kent.k12.wa.us<mailto:Tyler.Inboden@kent.k12.wa.us>

CONFIDENTIALITY NOTICE: This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message.

On March 25, 2023:
Subject: RE: Washington Public Records Act Request: KENT 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
3-25-23

via email to: Tyler.Inboden@kent.k12.wa.us

Hello,

Thank you for the answer. I understand you are refusing to use requested compression. In my opinion this is a misguided attempt to inflate fees and discourage public records requests.

Please provide the contact information for your immediate supervisor. I want to discuss this further.

Thank you.
---

On March 24, 2023:
Subject: RE: Washington Public Records Act Request: KENT 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
Good Morning,

The Kent school District has answered your questions. This request will be processed in numerous installments, an exact amount of installments cannot be estimated. We will be producing records in the format and method of which they were sent to the initial requestor to avoid confusion, delay, and to help us track what was sent over the course of fulfilling this request (not in a compressed or zip file). This in the most efficient manner available to the agency in its normal operations as we continue to process record requests.

Sincerely,

[cid:image001.png@01D95E3A.52987EA0]<https://us-east-2.protection.sophos.com/?d=kent.k12.wa.us&u=aHR0cDovL3d3dy5rZW50LmsxMi53YS51cy8=&e=bGJyYXppbGVAa3Vvdy5vcmc=&h=d6ef8f34c41045f7a123e0f865a2f995&t=bnZCSVU5eEZ0Uy9VSlJ3eG5kU3VUdFBSN3NqWFl3MXBHQ2ZYWVBRMUhVRT0=>
Tyler Inboden (She/Her)
Public Records Officer
Superintendent’s Office | Kent School District<https://us-east-2.protection.sophos.com/?d=kent.k12.wa.us&u=aHR0cDovL3d3dy5rZW50LmsxMi53YS51cy8=&e=bGJyYXppbGVAa3Vvdy5vcmc=&h=d6ef8f34c41045f7a123e0f865a2f995&t=bnZCSVU5eEZ0Uy9VSlJ3eG5kU3VUdFBSN3NqWFl3MXBHQ2ZYWVBRMUhVRT0=>
12033 SE 256th Street, A-100, Kent, WA 98030-6503
O: (253) 373-7218 | Tyler.Inboden@kent.k12.wa.us<mailto:Tyler.Inboden@kent.k12.wa.us>

CONFIDENTIALITY NOTICE: This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message.

---

On March 21, 2023:
Subject: RE: Washington Public Records Act Request: KENT 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
03-21-23

email: PublicRecords@kent.k12.wa.us

Hello,

You did not answer any of my questions. I need answers before I can make a decision on fees:

3-19-23

via email to: publicrecords@kent.k12.wa.us

Hello,

Regarding fees and compression, etc. If the preliminary 8,300 responsive electronic file items including emails, pdfs, excel spreadsheets, links, and photos that have been sent in response to requests were compressed with .zip compression into equal 10GB .zip files for fee calculation and production, how many 10GB .zip files would be produced? For instance a 100GB file compressed in .zip files of 10GB each might result in nine (9) 10GB .zip files and one (1) 8.5GB zip file for a total of ten (10) electronic files.

I am asking because I request the 8,300 responsive electronic file items to undergo a final .zip compression before fee calculation and production.

From: Kent School District

Good Morning,

This correspondence is in response to your request for the following:

PER RCW 42.56.040 Duty to publish procedures:

(1) Each state agency shall separately state and currently publish in the Washington Administrative Code and each local agency shall prominently display and make available for inspection and copying at the central office of such local agency, for guidance of the public:
(a) Descriptions of its central and field organization and the established places at which, the employees from whom, and the methods whereby, the public may obtain information, make submittals or requests, or obtain copies of agency decisions;
(b) Statements of the general course and method by which its operations are channeled and determined, including the nature and requirements of all formal and informal procedures available;
(c) Rules of procedure;
(d) Substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by the agency; and
(e) Each amendment or revision to, or repeal of any of the foregoing.
(2) Except to the extent that he or she has actual and timely notice of the terms thereof, a person may not in any manner be required to resort to, or be adversely affected by, a matter required to be published or displayed and not so published or displayed.

Please send me an electronic copy of your agency's (1)(b),(1)(c),(1)(d),and (1)(e) regarding your agency's adopted procedures and rules governing the processing of public records requests.

Please see attached the link below that will take you to the requested information.

https://go.boarddocs.com/wa/ksdwa/Board.nsf/files/BHWQKE668E4A/$file/4040P%20Public%20Access%20to%20District%20Records.pdf

With the transmittal of this email, we will consider this request closed.

Sincerely,

[cid:image001.png@01D9687B.15644820]<https://us-east-2.protection.sophos.com/?d=kent.k12.wa.us&u=aHR0cDovL3d3dy5rZW50LmsxMi53YS51cy8=&e=bGJyYXppbGVAa3Vvdy5vcmc=&h=d6ef8f34c41045f7a123e0f865a2f995&t=bnZCSVU5eEZ0Uy9VSlJ3eG5kU3VUdFBSN3NqWFl3MXBHQ2ZYWVBRMUhVRT0=>
Tyler Inboden (She/Her)
Public Records Officer
Superintendent’s Office | Kent School District<https://us-east-2.protection.sophos.com/?d=kent.k12.wa.us&u=aHR0cDovL3d3dy5rZW50LmsxMi53YS51cy8=&e=bGJyYXppbGVAa3Vvdy5vcmc=&h=d6ef8f34c41045f7a123e0f865a2f995&t=bnZCSVU5eEZ0Uy9VSlJ3eG5kU3VUdFBSN3NqWFl3MXBHQ2ZYWVBRMUhVRT0=>
12033 SE 256th Street, A-100, Kent, WA 98030-6503
O: (253) 373-7218 | Tyler.Inboden@kent.k12.wa.us<mailto:Tyler.Inboden@kent.k12.wa.us>

CONFIDENTIALITY NOTICE: This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message.

From: Kent School District

Good Afternoon,

At this time, the Kent School District has not received payment regarding your request in a reasonable manner of time (30 days) after providing the required deposit amount and payment instructions. At this time we are closing your request.

Sincerely,

Tyler Inboden

[cid:image001.png@01D9711B.E3229390]<https://us-east-2.protection.sophos.com/?d=kent.k12.wa.us&u=aHR0cDovL3d3dy5rZW50LmsxMi53YS51cy8=&e=bGJyYXppbGVAa3Vvdy5vcmc=&h=d6ef8f34c41045f7a123e0f865a2f995&t=bnZCSVU5eEZ0Uy9VSlJ3eG5kU3VUdFBSN3NqWFl3MXBHQ2ZYWVBRMUhVRT0=>
Tyler Inboden (She/Her)
Public Records Officer
Superintendent’s Office | Kent School District<https://us-east-2.protection.sophos.com/?d=kent.k12.wa.us&u=aHR0cDovL3d3dy5rZW50LmsxMi53YS51cy8=&e=bGJyYXppbGVAa3Vvdy5vcmc=&h=d6ef8f34c41045f7a123e0f865a2f995&t=bnZCSVU5eEZ0Uy9VSlJ3eG5kU3VUdFBSN3NqWFl3MXBHQ2ZYWVBRMUhVRT0=>
12033 SE 256th Street, A-100, Kent, WA 98030-6503
O: (253) 373-7218 | Tyler.Inboden@kent.k12.wa.us<mailto:Tyler.Inboden@kent.k12.wa.us>

CONFIDENTIALITY NOTICE: This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message.

From: K. Katakiuchi

November 28, 2023

KENT 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: PublicRecords@Kent.k12.wa.us

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.

From: Kent School District

We acknowledge receipt of your public records request. Given the size of the request, the fact that we are currently in litigation, we anticipate responding on or before January 30, 2024.

[cid:image003.jpg@01DA22E5.082C7F40]Paul Brachvogel, MSc., J.D.
General Counsel
Kent School District
12033 SE 256th Street, A-100 | Kent, WA 98030-6503 | (253) 350 7914

From: K. Katakiuchi

03-26-2024

Via email: PublicRecords@Kent.k12.wa.us

Hello,

Is this request now closed? Have all responsive public records been produced?

Thank you.

From: K. Katakiuchi

04-09-2024

Via email: PublicRecords@Kent.k12.wa.us

Hello,

No records were produced on or before January 30, 2024.

No responsive records have been produced at all.

Is this request closed?

PRESERVATION OF PUBLIC RECORDS *** ANTICIPATE LITIGATION ***

WAC 44-14-03005 RETENTION OF PUBLIC RECORDS

The lawful destruction of public records is governed by retention schedules. The unlawful destruction of public records can be a crime. RCW 40.16.010 and 40.16.020. An agency is prohibited from destroying a public record, even if it is about to be lawfully destroyed under a retention schedule, if a public records request has been made for that record. RCW 42.56.100. Additional retention requirements might apply if the records may be relevant to actual or anticipated litigation. The agency is required to retain the record until the record request has been resolved.

Note: An agency can be found to violate the Public Records Act and be subject to the attorneys' fees and penalty provision if it prematurely destroys a requested record after a request is made. See Yacobellis v. City of Bellingham, 55 Wn. App. 706, 780 P.2d 272 (1989). However, it is not a violation of the Public Records Act if a record is destroyed prior to an agency's receipt of a public records request for that record. Bldg. Indus. Ass'n of Wash. v. McCarthy, 152 Wn. App. 720, 218 P.3d 196 (2009); West v. Dep't of
Nat. Res., 163 Wn. App. 238, 258 P.3d 78 (2011). The Public Records Act (chapter 42.56 RCW) and the records retention statutes (chapter 40.14 RCW) are two different laws.

Thank you.

From: K. Katakiuchi

05-10-2024

via email to PublicRecords@kent.k12.wa.us.

Hello,

No responsive records have been received.

"...we anticipate responding on or before January 30, 2024." - Paul Brachvogel, MSc., J.D.
General Counsel Kent School District on November 29, 2023.

We have received no answer to our emails of:

MARCH 26 2024

APRIL 09 2024

Today is May 10, 2024

Do you anticipate providing responsive records to this request?

1. Is this request closed? No requested records have been produced. 

2. Please provide the name and contact information for the KENT SCHOOL DISTRICT PUBLIC RECORDS OFFICER and the PUBLIC RECORDS OFFICER DIRECT SUPERVISOR.

3. ANTICIPATE LITIGATION.

RCW 42.56.520 Prompt responses required.

(1) Responses to requests for public records shall be made promptly by agencies, the office of the secretary of the senate, and the office of the chief clerk of the house of representatives. Within five business days of receiving a public record request, an agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives must respond in one of the ways provided in this subsection (1):

(a) Providing the record;

(b) Providing an internet address and link on the agency's website to the specific records requested, except that if the requester notifies the agency that he or she cannot access the records through the internet, then the agency must provide copies of the record or allow the requester to view copies using an agency computer;

(c) Acknowledging that the agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives has received the request and providing a reasonable estimate of the time the agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives will require to respond to the request;

(d) Acknowledging that the agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives has received the request and asking the requestor to provide clarification for a request that is unclear, and providing, to the greatest extent possible, a reasonable estimate of the time the agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives will require to respond to the request if it is not clarified; or

(e) Denying the public record request.

RCW 42.56.550
Judicial review of agency actions.
(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.

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