Kent School District – Request for a complete electronic copy of all Public Records Requests received by the District including District Responses for the years 2015 - 2021
It is a clone of this request.
| Tracking # |
21-22-38 |
| Submitted | Nov. 3, 2021 |
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Communications
From: PRA Audit
To Whom It May Concern:
Pursuant to the Washington Public Records Act [RCW 42.56] I hereby request the following records:
I request a complete electronic copy of all Public Records Requests received by the Kent School District and a complete electronic copy of the District's Responses to these Public Records Requests for the time period January 1, 2010 through November 4, 2021.
In the event the District chooses to provide these records in installments over time I request the records to be produced in reverse chronological order - from the most recent records to the earliest.
If this request is denied in whole or part, I ask that you justify all deletions by reference to specific exemptions of the PRA. I also request a detailed contemporaneous log to be provided for any document withheld or redacted.
For each responsive record the District contends is exempt from public disclosure, in whole or in part, please specifically identify the record by subject, title, author, custodian and date, and state how a specific statutory exemption applies to each record as required by RCW 42.56.210(3) and Rental Housing Ass'n v. Des Moines, 165 Wn.2d 525, 199 P.3d 393 (2009).
I request electronic production of all electronic records in the original NATIVE electronic format for each record.
I request for these public records to be produced by public (no password) e-mail attachment or link. If electronic attachment or link is not possible, an alternative would be to produce responsive records via USB DRIVE or DATA CD-ROM.
THIS REQUEST IS NOT BEING MADE FOR COMMERCIAL PURPOSES.
The requested documents will be made available to the general public.
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.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.
Sincerely,
PRA Audit
From: Kent School District
Good Afternoon,
Please see attached the District's acknowledgement of your request dated November 3, 2021.
Additionally, You have requested "electronic production of all electronic records in the original NATIVE format for each record." The vast majority of records the District has disclosed in response to public records requests since 2010 have not been produced in native format, and instead were produced in formats such as .pdf. And as noted earlier, you have requested "a complete electronic copy of the District's Responses" to public records requests during the time period in question, and such responses typically did not contain native format records. In light of this conflict, the District interprets your request as seeking the District's previous disclosure communications in their native format, recognizing that those disclosure communications will often contain non-native files. For example, the District would produce to you the native format email of its response to a given public records request, which may include attached responsive records in pdf format that were actually produced to a requestor. Please let me know if you disagree with this interpretation of 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. The District has not yet had an opportunity to determine how many responsive records there will be, or what the total estimated cost of fulfilling the request will be. Prior to providing a first installment of records for this request, we will contact you to let you know the total estimated cost and the deposit amount due. Following receipt of the deposit, the District will require payment of any applicable copying costs before producing installments.
Sincerely,
[cid:image001.png@01D7D650.455539E0]<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
Human Resources | 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.
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From: PRA Audit
Hello,
Thank you for your response.
Please be advised of a typo in the “Subject:” line of this Emailed Public Records Request.
The corrected subject line is:
“Subject: Washington Public Records Act Request: Kent School District – Request for a complete electronic copy of all Public Records Requests received by the District including District Responses for the years 2010 – 2021.”
This public records request is seeking previous public records requests as received by the District for the time period January 1, 2010 through November 4, 2021 as well as complete District responses to these records requests.
If the original records request and/or District response was electronic in format I request the NATIVE format to be retained and produced.
If the original records request and/or District response was paper in format I would request Adobe .pdf format to be electronically produced.
If any potentially responsive records have been destroyed and/or transferred to offsite location(s), I request copies of any destruction or transfer records as well as any other documentation relating to, mentioning or describing said transfer or destruction.
Thank you.
From: Kent School District
Good Afternoon,
We have run the search based off the information provided, the search pulled back 465,000 items.
We draw your attention to RCW 42.56.120 and KSD Policy 4040 and 4040P in connection with your records request. 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.
With the amount of items that have pulled the total cost estimate is $5812.5 with a 10% deposit of $581.25
Following receipt of the deposit, the District will require payment of any applicable copying costs before producing installments.
[cid:image001.png@01D83395.843E9FF0]<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
Human Resources | 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.
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From: PRA Audit
Hello,
Please provide a detailed fee estimate with page and attachment counts for the 1st Installment of records to be produced. Please note the records were originally requested to be produced in reverse chronological order - from the most recent records to the earliest.
Thank you
From: Kent School District
Good Morning,
We are in receipt of your email, however, per RCW 42.56.120 (4) and Kent School District Procedure 4040P, an initial 10% deposit of all records requested is required for the district to begin processing. Once we receive the deposit we will begin processing the first installment and subtract that amount from the deposit.
We have run the search based off the information provided, the search pulled back 465,000 items. 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.
With the amount of items that have pulled the total cost estimate is $5,812.5 with a 10% deposit of $581.25
Please see attached the instructions to complete payment. Following receipt of the deposit, the District will require payment of any applicable copying costs before producing installments.
Should you believe we are incorrect in our analysis of RCW 42.56.120, we are happy to reconsider.
[cid:image001.png@01D83E9F.8FB7F6F0]<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
Human Resources | 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.
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From: PRA Audit
Thank you for your communication.
Can you please be more specific regarding your estimate?
You state:
“We have run the search based off the information provided, the search pulled back 465,000 items.”
What specifically is each electronic file item? Is each electronic file item the same size in MB? How will each electronic file item be bundled and will fees be assessed per electronic file item or per gigabyte?
You state:
“The extent of the charges is based on the amount of electronic records that are responsive to your request.”
Please estimate considering our reverse chronological production request by date the the electronic file type, electronic file size, and applicable electronic file production fees for the first installment of records only.
Thank you.
From: Kent School District
Good Morning,
What specifically is each electronic file item? Is each electronic file item the same size in MB? How will each electronic file item be bundled and will fees be assessed per electronic file item or per gigabyte?
Emails, PDFs, pictures any type of electronic file is considered an electronic item. Each file is not the same size, it depends on the length of the email, its content (if pictures or graphics are included) as well as how many attachments. Each email is considered an electronic file, in addition to each attachment. For example, one email might contain four attachments, that is five electronic files. Under District Procedure 4040P and RCW 42.56.120 we are authorized to combine charges to the extent that more than one type of charge applies. As of now, we will be using the following:
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
Please estimate considering our reverse chronological production request by date the electronic file type, electronic file size, and applicable electronic file production fees for the first installment of records only.
We do not begin processing the first installment until we receive the deposit. That said, we do not have an estimated amount for the first installment as we have not completed any work on the matter besides running the search from the criteria that was provided.
Sincerely,
[cid:image001.png@01D84429.F5B976B0]<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
Human Resources | 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: PRA Audit
Hello Ms. Inboden,
Thank you for your response. I do not understand, is it the District's position that a specific description of the first installment of records and a specific fee estimate for the first installment of records will be withheld until the District receives a 10% deposit based on the entire records request?
Please confirm this is the District's position, that a specific first installment fee request will not be provided as requested, and that a specific detailed description of first installment records as requested will not be produced until the District receives 10% of the entire records request.
If this is the District's continued position RCW 42.56.550 provides clear procedure and protocol for relief.
Thank you.
From: Kent School District
Good Afternoon,
We act pursuant to RCW 42.56.120(4), which states: “An agency may require a deposit in an amount not to exceed ten percent of the estimated cost of providing copies for a request, including a customized service charge.” The District’s policy and procedure 4040P 7.4 entitled “Deposits” states “the Public Records Officer or designee may require a deposit of up to ten (10) percent of the estimated costs of copying all the records selected by the requester “.
However, based on your last correspondence it appears you do not want to pay a deposit on the entire request, rather just receive the estimated cost of the first installment. We will endeavor to provide this estimate in order to provide the utmost assistance in processing your request. However, by doing so we are not necessarily in agreement that the District will produce those records in the absence of a deposit for the entire records request. If you would like to narrow your scope or provide additional information to help reduce the amount and deposit, please let us know.
That said, RCW 42.56.120 (4) and District policy and procedure 4040P 7.4 entitled “Waiver” allows for reaching an alternative agreement as to fees. We hope to continue to work with you in providing assistance in your request and after the District estimates the cost of the first installment, we will forward that to you. We estimate this response to be no later than April 15, 2022.
Sincerely,
[cid:image001.png@01D845D3.702B94F0]<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
Human Resources | 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,
Per your request, the estimated electronic file production fees for for the first installment of records is $18.75 this was completed using reverse chronological production (newest to oldest) with roughly 1,500 items to include attachments, the electronic file type for this installment is PDF.
The District has responded to your inquiries regarding the estimated cost of the first installment of records. That said, at this time we are still requesting a 10% deposit of the entire records request as permittable under RCW 42.56.120(4), which states: “An agency may require a deposit in an amount not to exceed ten percent of the estimated cost of providing copies for a request, including a customized service charge.” As well as the District’s policy and procedure 4040P 7.4 entitled “Deposits” which states “the Public Records Officer or designee may require a deposit of up to ten (10) percent of the estimated costs of copying all the records selected by the requester “.
If you would like to narrow the scope of your search, we are happy to assist you.
Please see attached the instructions regarding payment of the deposit.
Sincerely,
[cid:image001.png@01D85315.D1B83A80]<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
Human Resources | 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.
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From: Kent School District
Good Afternoon,
Since the district has not received a response from you nor received payment regarding your request in a reasonable manner of time (30 days). At this time we are closing your request.
Sincerely,
[cid:image001.png@01D86F8C.D7A92240]<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
Human Resources | 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.
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