NORTHSHORE SCHOOL DISTRICT – (2021) Request for a complete electronic copy of all Public Records Requests received by the District including the District Responses for the year 2021
It is a clone of this request.
| Tracking # |
N000544-121322 |
| Submitted | Nov. 22, 2022 |
| Est. Completion | Sept. 29, 2023 |
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Communications
From: J Tikalsky
NORTHSHORE SCHOOL DISTRICT – (2021) Request for a complete electronic copy of all Public Records Requests received by the District including the District Responses for the year 2021
Via email: dhale@nsd.org
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 2021 and a complete electronic copy of your agency's Responses to each of these Public Records Requests for the year 2021.
Note: Parents and students seeking GRADES and/or TRANSCRIPTS in the year 2021 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.
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: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Washington Public Records Act request, copied below, and originally submitted on Dec. 1, 2022. 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: Northshore School District
This message is being sent on behalf of Doug Hale
Dear requests@muckrock.com,
The District is in receipt of your public records request dated 12/2/2022. Your request is for the following records:
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 2021 and a complete electronic copy of your agency's Responses to each of these Public Records Requests for the year 2021.
Note: Parents and students seeking GRADES and/or TRANSCRIPTS in the year 2021 can be excluded from this request.
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 have not been produced in native format, and instead were produced in formats such as .pdf or hard-copy. 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 (2021), 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 when they were sent electronically, 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 RCW 42.56.120, the District charges the following fees for copies of records:
1. 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;
2. Ten cents per page for public records scanned into an electronic format or for the use of District equipment to scan the records;
3. Five cents per each four electronic files or attachment uploaded to email, cloud-based data storage service, or other means of electronic delivery;
4. 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
5. 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, RCW 42.56.120 authorizes 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.
At this time, the District estimates that it will be able to disclose an initial installment of records by Friday, March 10, 2023.
If you have any questions I can be reached at 425-408-7605.
Sincerely,
Doug Hale
Executive Director of Human Resources
Public Records Officer
___________________________________________
Have a pleasant day.
Elaine Gisle
Executive Administrative Assistant
Human Resources | Northshore School District
Phone: 425.408.7621<callto:425.408.7621>
From: J Tikalsky
Hello,
I do not understand your statement "The vast majority of records the District has disclosed in response to public records requests have not been produced in native format, and instead were produced in formats such as .pdf or hard-copy."
The native format requested is the format in which the DISTRICT produced the response to the REQUEST. If the district produced .pdf to the requestor then please provide the same .pdf format. If the district produced paper, please convert the paper to .pdf.
Many district public records officers choose to print every page of electronic public records originally produced electronically in .pdf, then applying fees for paper production, only to then again scan the paper to .pdf, and again apply fees, all in a misguided (and illegal) attempt to inflate fees and discourage public records requests. This is a violation of the public records act as it CREATES a record rather than produces the record requested, and the inflated fee estimates are not supported by statue. At some point these specific public records officers (or their employer districts) will come to the realization that the more their PRA officers obfuscate, delay, and improperly deny a PRA request, the more PRA requests these agency's are likely to receive as a counter to achieve transparency for the improper artificial obfuscation and obstruction or the original PRA request (humorous attachment).
"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."
If this production format is what the District provided the requestor in response to a PRA request, that was exactly what was requested.
Thank you.
-
Kirk_The_Trouble_With_PRR_Obstruction.png
From: Northshore School District
Dear requests@muckrock.com,
We are following up with you to provide an update on the deposit amount due for your public records request dated 12/2/2022. Your request is for the following records:
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 2021 and a complete electronic copy of your agency's Responses to each of these Public Records Requests for the year 2021.
Note: Parents and students seeking GRADES and/or TRANSCRIPTS in the year 2021 can be excluded from this request.
Per RCW 42.56.120, the District charges the following fees for copies of records:
1. 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;
2. Ten cents per page for public records scanned into an electronic format or for the use of District equipment to scan the records;
3. Five cents per each four electronic files or attachment uploaded to email, cloud-based data storage service, or other means of electronic delivery;
4. 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
5. 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, RCW 42.56.120 authorizes 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. Following receipt of the deposit, the District will require payment of any applicable copying costs before producing installments.
Pursuant to RCW 42.56.120(4) we are charging a 10% deposit in order to produce about 6,844 records. The deposit due is $13.39, the total amount due is $133.94. Please contact me at 425-408-7605 to coordinate a deposit. If I do not hear from you by February 2, 2023, the District will close your request consistent with RCW 42.56.120.
If you have any questions I can be reached at 425-408-7605.
Sincerely,
Doug Hale
Executive Director of Human Resources
Public Records Officer
From: J Tikalsky
Hello,
Please explain and justify in detail (invoice preferred) your fee estimate of $133.94 for 6,844 records. What records? What format? Etc. Thank you.
From: Northshore School District
Dear requests@muckrock.com,
Here is how the fee for records are calculated:
553 pages are scanned, .10 per page = $55.30.
All other electronic records totaling 6,291, at .05 per 4 records = 78.64. A TOTAL of $133.94 is owing, with a deposit of $13.39 due before we begin pulling records.
Please let us know if you have any questions. Have a pleasant day.
Elaine Gisle
Executive Administrative Assistant
Human Resources | Northshore School District
Phone: 425.408.7621<callto:425.408.7621>
From: J Tikalsky
1-18-23
via email to egisle@nsd.org
Hello,
This is a not a detailed invoice as requested.
"Here is how the fee for records are calculated:
553 pages are scanned, .10 per page = $55.30."
Describe these records, why they need to be scanned. Do these records exist in paper format only?
"All other electronic records totaling 6,291, at .05 per 4 records = 78.64. A TOTAL of $133.94 is owing, with a deposit of $13.39 due before we begin pulling records."
What are all other records? If these records are being provided in their NATIVE format, what format? If these are email files .pst format should be the NATIVE format. If you are transforming these records to .pdf they need to be bundled PRIOR to applying fees or transformed back to their NATIVE .pst FORMAT.
Please explain in DETAIL what fees you are requesting as per law.
Thank you.
From: Northshore School District
Dear requests@muckrock.com,
The Public Records Act provides:
A requestor may ask an agency to provide, and if requested an agency shall provide, a summary of the applicable charges before any copies are made and the requestor may revise the request to reduce the number of copies to be made and reduce the applicable charges.
RCW 42.56.120(2)(f). It also provides, “When calculating any fees authorized under this section, an agency shall use the most reasonable cost-efficient method available to the agency as part of its normal operations.” RCW 42.56.120(1).
In response to your request for information about the applicable charges here, we provided you with “a summary of the applicable charges,” consistent with the PRA’s requirements. Providing the additional level of detail you have requested, such as listing the file extension for each electronic record, would not be “the most reasonable cost-efficient method available to the [District] as part of its normal operations,” and is thus not required.
We are able to provide you with the following additional detail regarding the applicable charges:
* Regarding the 553 scanned pages at the cost of $55.30, we spoke to our attorney about this and since the files were previously scanned and stored we will not be passing on that cost to you. We are charging you the cost for electronic files pursuant to RCW 42.56.120(2)(b)(iii) charging five cents for each four electronic files. The results decrease the cost to $6.91
* 6,291 responsive records are available in electronic form as electronic files. Consistent with RCW 42.56.120(2)(b)(iii), we are charging five cents per each four of these electronic files. This results in a charge of $78.64.
* The revised cost is $85.55 ($6.91 plus 78.64 equals $85.55) The required ten percent deposit is $8.55.
Once we receive your deposit we will begin gathering documents associated with this request.
Sincerely,
Doug Hale
Executive Director of Human Resources
Public Records Officer
_____________________________________________
Elaine Gisle
Executive Administrative Assistant
Human Resources | Northshore School District
Phone: 425.408.7621<callto:425.408.7621>
From: J Tikalsky
1-20-23
via email to egisle@nsd.org and dhale@nsd.org
Hello,
Thank you for checking with your attorney and then revising part 1 of your fee calculations.
PART 1. The 553 PREVIOULSY scanned pages. I originally requested records stored in electronic form. These 553 previously scanned and now electronically stored pages are in fact available in electronic form. The original fee request of $55.30 was not correct, an electronic file fee of $6.91 is correct.
I agree.
PART 2. You state: “6,291 responsive records are available in electronic form as electronic files. Consistent with RCW 42.56.120(2)(b)(iii), we are charging five cents per each four of these electronic files. This results in a charge of $78.64.”
QUESTION: is the fee request of $74.64 for these files being calculated BEFORE or AFTER .zip or electronic file bundling has taken place?
My position is based on RCW 42.56.120(1) “When calculating any fees authorized under this section, an agency shall use the most reasonable cost-efficient method available to the agency as part of its normal operations. If any agency translates a record into an alternative electronic format at the request of a requestor, the copy created does not constitute a new public record for purposes of this chapter.
Applying .zip compression and/or bundling of electronic files is in COMMON use at your agency, and also is the most REASONABLE cost-efficient method available to your agency as part of your agency’s normal operations.
To apply a fee calculation of five cents per each four of these electronic files (6,291 / 4 *.05 = $78.64) however are the 6,291 files already .zip compressed or not in this calculation?
If not, I formally request you recalculate fees for PART 2 based on applying .zip compression to 6,291 files and then either choosing to estimate fees based on the .05 cents per four electronic files or the alternative PER MB fees calculation for electronic files.
This is the most reasonable and economic method of delivering electronic files and is in regular use by your agency.
I understand some agency’s choose to inflate fees and costs by printing and rescanning electronic records and ignoring reasonable best practices such as .zip compression and bundling of electronic files in the misguided hope that inflated fees and costs will discourage future public records requests.
In this public records request it is my intent to seek judicial review for any fee requests that are not reasonable or supported specifically by statute.
Please provide a detailed answer to my questions for PART 2 and recalculate your fee request based on .zip and electronic file bundling.
Thank you.
From: Northshore School District
This message is being sent on behalf of Doug Hale
Dear requests@muckrock.com,
We have carefully reviewed your questions, including with legal counsel.
You asked whether the fee request was being calculated before or after “bundling” the files or compressing them into a .zip archive file. Because you have previously requested the records to be provided in their native format, the District was not planning to bundle or compress the files. Even if the District does so, that would not change the applicable copying charges under RCW 42.56.120.
This is because the District is charging you per electronic file, as previously discussed. The District has not and is not charging you the “ten cents per gigabyte” allowable under RCW 42.56.120(2)(b)(iv), even though the PRA expressly authorizes us to impose all applicable fees, not just one. See RCW 42.56.120(2)(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.”). As a result, compressing the files so that they are fewer bytes in total would not impact the fee the District is charging here, which is purely based on the number of electronic files.
Further, compressing a large number of files into a single .zip archive or .pst would not change the overall number of electronic files being produced, and thus would not change the per-file copying charges being imposed. This is because .zip folders and .pst files are simply electronic containers for preexisting electronic files—a .zip folder containing 100 compressed files is still 100 electronic files for purposes of RCW 42.56.120(2)(b)(iii), and a .pst containing 100 emails is still 100 electronic files. For example, the official Microsoft<https://support.microsoft.com/en-us/office/introduction-to-outlook-data-files-pst-and-ost-222eaf92-a995-45d9-bde2-f331f60e2790> website describes a .pst as a file that “contains your messages and other Outlook items and is saved on your computer.” Similarly, the website for WinZip<https://www.winzip.com/en/learn/tips/folder-compression/zip-folders/>, a leading .zip file-compression company, describes a compressed zip folder as “a file directory often containing several single files.”
You also emphasize the portion of RCW 42.56.120(1) which states, “When calculating any fees authorized under this section, an agency shall use the most reasonable cost-efficient method available to the agency as part of its normal operations.” That provision calls for an agency to use a method which is cost-effective to it when determining what fees to charge; it does not require agencies to, as you seem to be suggesting, combine 6,291 electronic files into a single .zip or .pst, and then charge the requestor for only a single electronic file. That interpretation would render RCW 42.56.(2)(b)(iii) a nullity.
Consistent with the above explanation, the applicable copying cost for these records is $85.55, calculated as five cents per four electronic files with a total of 6,844 (553 plus 6,291) responsive electronic files. The required ten percent deposit is $8.55. Once we receive your deposit we will begin gathering documents associated with this request. We are not seeking to inflate the applicable copying charges, and are instead simply charging the copying costs dictated by the plain language of RCW 42.56.120.
Please contact me at 425-408-7605 to coordinate a deposit. If I do not hear from you by Tuesday, February 21, 2023, the District will close your request consistent with RCW 42.56.120.
Sincerely,
Doug Hale
Executive Director of Human Resources
Public Records Officer
_______________________________________
Have a pleasant day.
Elaine Gisle
Executive Administrative Assistant
Human Resources | Northshore School District
Phone: 425.408.7621<callto:425.408.7621>
From: J Tikalsky
1-31-23
via email to: egisle@nsd.org and dhale@nsd.org
Hello,
Thank you for your partial explanation. I do not agree with your characterization of electronic .pst files however. The NATIVE FORMAT used by your agency to store and export email is the .pst file. That NATIVE .pst file is was I was requesting and per RCW 42.56.120(2)(b)(iv) Charges for copying - a .pst file would constitute an electronic file or attachment uploaded to email, cloud-based data storage service, or other means of electronic delivery.
You did not however state what type of files the 6,844 (553 plus 6,291) responsive electronic files are. Please provide that detail.
I can't seem to find any mention of a fee schedule for electronic public records anywhere on your website or on the 3rd party https://go.boarddocs.com website hosting North School School district School Board Policies.
Please send me a copy of or provide a link to the Northshore School District PUBLIC POLICY declaring the reason your agency does not calculate actual costs of producing electronic public records in accordance with the legally required statement of factors and manner used to determine the actual costs. RCW 42.56.070. As you know, any statement of costs and/or any fee schedule adopted by your agency must of course be publicly published. RCW 42.56.120 (2)(a).
Further, a statement of costs may be adopted by your agency only after providing notice and public hearing RCW 42.56.070 (7). Of course, your agency may not be required to calculate the actual costs it charges for providing public records if it has published rules or regulations declaring the reasons for doing so would be unduly burdensome. RCW 42.56.120 (2)(b).
I need a copy of the Northshore School District PUBLIC POLICY documents establishing actual costs or in the alternative, the public policy documents declaring that the reason for not calculating actual costs is because it would be unduly burdensome for your agency. I also need a copy of your publicly posted alternative fee schedule previously established as public policy by your agency.
Thank you.
From: J Tikalsky
2-13-23
via email to: egisle@nsd.org and dhale@nsd.org
Hello,
Still waiting for a response to my email 2 weeks ago dated 1-31-23 (ATTACHED.)
Thank you.
***************************************************************************************
1-31-23
via email to: egisle@nsd.org and dhale@nsd.org
Hello,
Thank you for your partial explanation. I do not agree with your characterization of electronic .pst files however. The NATIVE FORMAT used by your agency to store and export email is the .pst file. That NATIVE .pst file is was I was requesting and per RCW 42.56.120(2)(b)(iv) Charges for copying - a .pst file would constitute an electronic file or attachment uploaded to email, cloud-based data storage service, or other means of electronic delivery.
You did not however state what type of files the 6,844 (553 plus 6,291) responsive electronic files are. Please provide that detail.
I can't seem to find any mention of a fee schedule for electronic public records anywhere on your website or on the 3rd party https://go.boarddocs.com website hosting North School School district School Board Policies.
Please send me a copy of or provide a link to the Northshore School District PUBLIC POLICY declaring the reason your agency does not calculate actual costs of producing electronic public records in accordance with the legally required statement of factors and manner used to determine the actual costs. RCW 42.56.070. As you know, any statement of costs and/or any fee schedule adopted by your agency must of course be publicly published. RCW 42.56.120 (2)(a).
Further, a statement of costs may be adopted by your agency only after providing notice and public hearing RCW 42.56.070 (7). Of course, your agency may not be required to calculate the actual costs it charges for providing public records if it has published rules or regulations declaring the reasons for doing so would be unduly burdensome. RCW 42.56.120 (2)(b).
I need a copy of the Northshore School District PUBLIC POLICY documents establishing actual costs or in the alternative, the public policy documents declaring that the reason for not calculating actual costs is because it would be unduly burdensome for your agency. I also need a copy of your publicly posted alternative fee schedule previously established as public policy by your agency.
Thank you.
From: Northshore School District
This message is being sent on behalf of Doug Hale, Executive Director of Human Resources and Public Record Officer
Dear Muckrock requests@muckrock.com,
You will be able to locate our policy<https://go.boarddocs.com/wa/nsd/Board.nsf/files/CP2M4F58FB33/$file/Pol%204040.pdf> and procedure<https://go.boarddocs.com/wa/nsd/Board.nsf/files/CP2M5N591A75/$file/4040%20P.pdf> on our district website that will address your latest round of questions regarding your latest round of questions on copying costs.
Please contact me at 425-408-7605 to coordinate a deposit. If I do not hear from you by Tuesday, February 28, 2023, the District will close your request consistent with RCW 42.56.120. (We extended your deposit due date by one week).
---------------------------------------------------------
Doug Hale
Executive Director of Human Resources
Northshore School District
(425) 408-7605
dhale@nsd.org
From: J Tikalsky
2-14-23
via email to: via email to: egisle@nsd.org and dhale@nsd.org
Mr. Hale,
Thank you for providing links to your districts newly enacted public policy regarding public records fees.
I was wondering why you were not responding to my clarification questions of 01-31-23 regarding the complete lack of any public policy for public records fees for your district.
I now understand your school board was busy racing to enact new district public policy adopting public records fees.
It appears your agency recently adopted a fee schedule as policy on 02-06-23 (ADMINISTRATIVE PROCEDURE No. 4040P) and formally declared it would be UNDULY BURDENSOME to calculate the actual costs of producing public records in BOARD POLICY 4040 just YESTERDAY on 2-13-23.
Arguably, the District passed these new public records fees policies yesterday on 2-13-23 in specific response to my clarification questions of 01-31-23 regarding your unsupported fee requests in this PRA.
My original public records request is dated 12-01-2022. This request pre dates *ANY* fee schedule or public policy the district had in place on 12-01-2022.
There will be no ex post facto application of the districts newly enacted fee schedule to any public records request pre dating the adoption of any public policy regarding fees for public records requests.
To put it simply, under Washington State Law your agency cannot just "make it up as they go along."
Nevertheless, in the spirit of good faith, I agree to pay reasonable fees for the actual costs of digital media storage devices (flash drive $5.00) as well as any associated reasonable USPS postage costs.
Please provide a single updated invoice for the cost of actual USPS Mailing and thumbdrive or CD delivery only in this request and I will pay it.
Thank you.
Note: payment will be via check sent from MUCKROCK to your district. Please advise if payment by check should be sent somewhere other than your district main office.
From: Northshore School District
This message is being sent on behalf of Doug Hale, Executive Director of Human Resources and Public Records Officer
Dear requests@muckrock.com,
Thank you for your communication. We will waive the fee for records this time. We anticipate being able to fulfill your request on or around September 29, 2023. If you agree to use the GovQA Portal we will be able to cut down our turnaround time because we will save time on downloading, labeling and creating new files for the communications transpired through GovQA and uploading the documents again. In our portal we can copy them to a new request more efficiently. If you agree to use the GovQA Portal we anticipate being able to provide you records on or around August 31, 2023. Please let me know if you are amendable to this option.
Sincerely,
Doug Hale
Executive Director of Human Resources
Public Records Officer
_____________________________________________
Have a pleasant day.
Elaine Gisle
Executive Administrative Assistant
Human Resources | Northshore School District
Phone: 425.408.7621<callto:425.408.7621>
From: J Tikalsky
2-27-23
via email to: via email to: egisle@nsd.org and dhale@nsd.org
Mr. Hale,
Thank you for the response. I think your agency has made a good choice in waiving fees for public records requests made prior to your agency adoption of public policy regarding public request fees on 02-06-23.
Based on your explanation of your GOVQA process, and the effort required by your staff to export these records from GOVQA, in good faith I will agree to the use and production of requested records via GOVQA for this request.
I understand that a first installments of responsive records should begin to be produced via GOVQA in or around August 31, 2023.
Thank you.
From: Northshore School District
--- Please respond above this line ---
03/10/2023 Sent via email: requests@muckrock.com requests@muckrock.com Re: Public Records Request dated 12/2/2022 Dear requests@muckrock.com: Thank you for your communication as follows: 2-27-23
via email to: via email to: egisle@nsd.org and dhale@nsd.org Mr. Hale, Thank you for the response. I think your agency has made a good choice in waiving fees for public records requests made prior to your agency adoption of public policy regarding public request fees on 02-06-23. Based on your explanation of your GOVQA process, and the effort required by your staff to export these records from GOVQA, in good faith I will agree to the use and production of requested records via GOVQA for this request. I understand that a first installments of responsive records should begin to be produced via GOVQA in or around August 31, 2023. Thank you. Thank you for agreeing to use GovQA for this request. We anticipate being able to respond by August 31, 2023. Your public record request dated 12/2/2022 is restated below: 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 2021 and a complete electronic copy of your agency's Responses to each of these Public Records Requests for the year 2021. Note: Parents and students seeking GRADES and/or TRANSCRIPTS in the year 2021 can be excluded from this request. If you have any questions I can be reached at 425-408-7605. Sincerely, Doug Hale
Executive Director of Human Resources
Public Records Officer
To monitor the progress or update this request please log into the Northshore SD Public Records Center (https://u8387795.ct.sendgrid.net/ls/click?upn=nZGH0ylxadMp5hTpNkeAFs2esdYSu22BMM0rZQ-2BDsJO9L8pQLccgbku0ME1ZYKYjzUFnsESk5cotEkB6W1eLfViED53mz0IJm73fKOlfobQSCMmyCNKBB7pZh0AFJKAnkuTN_en1A4JVjUnZyDUhdpskUmHhQoZfUOIjv8lZm7VjUFknLzFXF8nSWBzTBgEU-2FWKuaBqTPKwvz1xjgTfv4tNmysguP8CKSMpuJaKGxViRA37gq2R6YJhWBLOjLP7hgn-2BcULiEgdgZerl0WnniQUGaDL-2FUrQtjD-2B0vxdo1eKJp7KaDsPsdP6WiL0bOeRvG34ceV54cebVb2cjwpS8wmmKIPLM3L5g7CUVIzAG5RdAmyaHvTr0Dar5TvXjt3-2BcmBXMd0SotvaFWFp20N622K0e6FbeeDTtDEec4NAbrDzP00lNe66NrhrATeX-2FM7VfkWkxxTW34wyzzhmRNjhCFhUNKgd5o4ilMNev43vxxBWYVNzNHzSI3FdadRbgpc85SW4pgtH6d4eiAI9Vg34FznoXcdFA-3D-3D)
From: Northshore School District
Dear Muckrock,
Thank you for your recent communication. I have sent you a temporary password through the GovQA Portal. We appreciate you working with us on this matter, and are available to assist you with any questions you may have.
Have a pleasant day.
Elaine Gisle
Executive Administrative Assistant
Human Resources | Northshore School District
Phone: 425.408.7621<callto:425.408.7621>
From: Northshore School District
Below you will find your current login and password information: Login: requests@muckrock.com Password: fc996c54dae641b
To monitor the progress or update this request please log into the Northshore School District Public Records Center (https://northshoresd.mycusthelp.com/WEBAPP/_rs/RequestEdit.aspx?rid=544&coid=)
From: J Tikalsky
8-3-23
submitted via email to dhale@nsd.org.
Hello,
Hello,
No records have been produced.
Is this public Records Request now closed?
From: Northshore School District
--- Please respond above this line ---
08/04/2023 Sent via email: requests@muckrock.com
requests@muckrock.com Re: Public Records Request dated 12/2/2022
Dear requests@muckrock.com:
We received a communication from you via email on August 3, 2023 asking if your request was closed.
We received this communication from you on 2/27/2023:
Mr. Hale,
Thank you for the response. I think your agency has made a good choice in waiving fees for public records requests made prior to your agency adoption of public policy regarding public request fees on 02-06-23.
Based on your explanation of your GOVQA process, and the effort required by your staff to export these records from GOVQA, in good faith I will agree to the use and production of requested records via GOVQA for this request.
I understand that a first installments of responsive records should begin to be produced via GOVQA in or around August 31, 2023.
Thank you.
---------------
We are continuing to work on your request, and we will be able to meet the deadline we communicated to you of August 31, 2023.
If you have any questions please let me know.
Sincerely,
Doug Hale
Public Records Officer
To monitor the progress or update this request please log into the Northshore SD Public Records Center (https://u8387795.ct.sendgrid.net/ls/click?upn=nZGH0ylxadMp5hTpNkeAFs2esdYSu22BMM0rZQ-2BDsJO9L8pQLccgbku0ME1ZYKYjzUFnsESk5cotEkB6W1eLfViED53mz0IJm73fKOlfobQSCMmyCNKBB7pZh0AFJKAndC9t_en1A4JVjUnZyDUhdpskUmHhQoZfUOIjv8lZm7VjUFknLzFXF8nSWBzTBgEU-2FWKuaBqTPKwvz1xjgTfv4tNmysgbpfFHs2CIxq21vEl-2F6pA0iakPfU4G209Y7EG0mWI34cNbEJjCd2G3PEkMFXCtAmnlNKBgHEnf-2BnuSyCHq9WQGfWDWlombvX94HcHFa85-2Bye46D-2BSpGKWR-2FImhEWPfHVgJGkg7jANVLjQIEDmuQz0Ly2StsJmJOS8451x6FKs-2BRTajsw6Chd88-2F7pqS5NNOAbewKPZ1QSARIni7PGG0mfWbYzTS6yJu1cL6zpBf3l9bMxLW93xPiJKGoJWJAU-2FZ7HnaSYLj9wCJCxyfweL-2F6iyss-2FWTAhYzGkyYXSdizp2JN-2BJHAzeNI28kIN1Ymnkvvg-3D-3D)
From: Northshore School District
--- Please respond above this line ---
08/25/2023 Sent via Email: requests@muckrock.com requests@muckrock.com Re: Public Records Request dated 12/2/2022 Dear requests@muckrock.com: The purpose of this letter is to let you know the records you requested have been assembled and are ready for your inspection. We believe they are responsive to your request under the Washington State Public Records Act. Northshore School District
Washington Public Records Act Office
3330 Monte Villa Pkwy
Bothell, WA 98021
December 2, 2022
This is a follow up to a previous request:
To Whom It May Concern:
I wanted to follow up on the following Washington Public Records Act request, copied below, and originally submitted on Dec. 1, 2022. 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.
View request history, upload responsive documents, and report problems here:
https://www.muckrock.com/
If prompted for a passcode, please enter:
••••••••
Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com
PLEASE NOTE OUR NEW ADDRESS
For mailed responses, please address (see note):
MuckRock News
DEPT MR 137307
263 Huntington Ave
Boston, MA 02115
PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.
---
On Nov. 22, 2022:
Subject: Washington Public Records Act Request: NORTHSHORE SCHOOL DISTRICT – (2021) Request for a complete electronic copy of all Public Records Requests received by the District including the District Responses for the year 2021
NORTHSHORE SCHOOL DISTRICT – (2021) Request for a complete electronic copy of all Public Records Requests received by the District including the District Responses for the year 2021
Via email: dhale@nsd.org
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 2021 and a complete electronic copy of your agency's Responses to each of these Public Records Requests for the year 2021.
Note: Parents and students seeking GRADES and/or TRANSCRIPTS in the year 2021 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.
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.
View request history, upload responsive documents, and report problems here:
https://www.muckrock.com/
If prompted for a passcode, please enter:
••••••••
Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com
PLEASE NOTE OUR NEW ADDRESS
For mailed responses, please address (see note):
MuckRock News
DEPT MR 137307
263 Huntington Ave
Boston, MA 02115
PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable. The records requested have been assembled and are available for inspection. Please note the records are provided in two different ways. All are labeled by request number. Most have folders and some are just PDFs. Example: N403 is a folder that holds communications and records for that public record request. There are also single PDFs identified by number, N399 for example, is only a PDF and is a copy of the communications of the public record request, no attachments exist. Some of the initial record request submittals have been redacted pursuant to The Family Educational Rights and Privacy Act (“FERPA”), 20 U.S.C. § 1232g, and its federal implementing regulations, 34 C.F.R. § 99.1 et seq., are “other statute[s]” per RCW 42.56.070 that exempt or prohibit disclosure of specific records. FERPA prohibits the District from releasing education records about a student that contain personally identifiable information about that student without parental consent. In addition, RCW 28A.605.030 provides that a school may not release students’ education records except as authorized by FERPA or RCW 28A.600.475. Pursuant to FERPA and RCW 28A.605.030, the names of District students and parents have been redacted from education records such that those records no longer personally identify the students.; This is the only redaction applied. To clarify, the bottom of the communications from the initial request will have a parent name and phone number, and email, that information has been redacted pursuant to FERPA. Please log in to the Northshore School District Public Records Center at the following link to retrieve the appropriate responsive documents. Public Records Request - N000544-121322 I believe this production closes your public records request dated 12/2/2022. Please let me know if you have any questions. Sincerely, Doug Hale
Public Records Officer
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_2_9.1.2020_12.31.2020pdfexport_Redacted_fuvDELz
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19610620_SWD_Morrison_5298749_V3r0VqV
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19820928_Water_Easement_Water_Dist_104_opHkymh
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19780417_App_for_permission_to_construct_Water_Dist_104_Ivskdft
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19881128_Gas_Pipeline_Easement_WNG_zmH6vxO
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19890626_Water_Easement_WWD_qcsUpyZ
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19970228_Water_Utility_Easement_WWD_9703120937_m6KJYiu
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19970812_Easement_COW_9709190673_cRipr2G
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19970813_Easement_Emergency_Vehicle_Access_COW_9711070613_26ZoiG2
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N309_Skyview_Annual_Performance_Report_2014-15_F2PiDJf
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From: Northshore School District
This message is to notify you that your password for the Northshore SD Public Records Center has changed.
This is an auto-generated email and has originated from an unmonitored email account. Please DO NOT REPLY
There are too many files to display on this communication. See all files
From: J Tikalsky
02-01-2024
To: Northshore School District Public Records Officer
RE: Missing and/or inadequate exemption/privilege logs - Public Records Request 11-22-22 - Request for a complete electronic copy of all Public Records Requests received by the District including the District Responses for the year 2021
To whom it may concern,
I have reviewed the production installments provided by your agency for this public records act request.
Your agency has made thousands of redactions to various responsive public records provided in the installments without providing any explanation for each applicable exemption applied.
For any record it withholds, your agency has a statutory duty to provide "a statement of the specific exemption authorizing the withholding of the record ( or part) and a brief explanation of how the exemption applies to the record withheld." RCW 42.56.210(3).
Simply, your agency has a duty to provide a copy of the record sought in their entirety, and to withhold or redact only those potions of records to the extent allowable by law with a commensurate log detailing the reasons for each exemption or redaction.
"A record or portion of a record must fit squarely within a specific exemption in order to be withheld, otherwise, the withholding is invalid." Washington Pub. Emps. Ass 'n v. Washington State Ctr. for Childhood Deafness & Hearing Loss, 194 Wash. 2d 484, 495-496, 450 P.3d 601, 607 (2019).
An exemption will not be inferred or presumed. Exemptions exercised by your agency based on the PRA must be express, not implied.
Specifically, when an agency withholds a record, the agency "must identify the specified record, cite statutory exemptions, and briefly explain how the exemptions apply to the requested records." White v. Skagit Cnty., 188 Wn. App. 886, 900, 355 P.3d 1178 (2015).
"Claims of exemption should contain enough details to (1) enable a requestor to make a threshold decision about whether the exemption was proper and (2) enable judicial review of the decision to withhold." Id.
Where portions of identified documents are withheld or redacted, "the burden rests with the agency claiming exemption to prove the propriety of nondisclosure to the trial court on a document-by-document basis." Sargent v. Seattle Police Dept. , 179 Wash.2d 376, 388, 314 P.3d 1093 (2013) (citing Cowles Publ'g Co. v. Spokane Police Dep't , 139 Wash.2d 472, 479-80, 987 P.2d 620 (1999) ).
This original public records request (11-22-22) specifically outlined your agency obligation to provide a detailed, contemporaneous exemption log to accompany any and all redactions or exemptions claimed by your agency in the production of responsive records in this request:
“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.”
For each record that your agency contends is exempt from public disclosure, please specifically identify the record by subject, title, author, custodian and date, and specifically state how
the specific statutory exemption applies to the record as required by RCW 42.56.210(3). For each record that is only partially exempt from public disclosure, please provide a
redacted copy of that record.
Failure to comply with this request for public records may require you to pay attorney fees as well as mandatory penalties under RCW 42.56.550(4). Yousoufian v. Sims, 152 Wn.2d 421,433, 98 P.3d 463 (2005) and Rental Housing Ass’n v. Des Moines, 165 Wn.2d 525, 199 P.3d 393 (2009). City of Lakewood v. Koenig, ___ Wn.2d ___ (12/11/2014).
Whether or not your agency asserts that any requested records are exempt from disclosure you are required by RCW 42.56.100 to protect all records from loss or destruction until
this matter is resolved.
Please provide a reasonable estimate of when your agency will produce the requested responsive public records unredacted, or the required detailed exemption logs. This public records request was made on 11-22-22, over 14 months ago.
Thank you.
From: Northshore School District
This message is being sent on behalf of JoLynn Berge, Public Records Officer
Dear requests@muckrock.com:
Thank you for your inquiry about exemption logs for #N000544. Your request sought certain public records received by the District and the District’s responses to those public records requests. When fulfilling the underlying public records requests you had requested, rather than providing the requestor with a log, we often provided redaction information to the requestor in the applicable closing log.
For example, when we responded to Public Records Request N000428-020822, the responsive records contained certain exempt financial information that we redacted. We provided the exemption information required by RCW 42.56.210 in our closing letter, rather than in a standalone log. We included the following citation and brief explanation in the July 12, 2022 closing letter for that request:
Please note the only redaction applied is pursuant to RCW 46.56.230 (5) Credit card numbers, debit card numbers, electronic check numbers, card expiration dates, or bank or other financial information as defined in RCW 9.35.005 including social security numbers, except when disclosure is expressly required by or governed by other law.
When we then fulfilled your request for our previous public records requests and our responses to those requests, we provided you with a number of closing letters that similarly provided redaction information in the responsive closing letters. In instances where we had provided requestors with a standalone log, we provided those logs to you in response to your request. For example, when we provided you with the records from Public Records Request #N000373, we provided the actual standalone exemption log to you.
As you may know, the PRA does not actually require that a log be provided. Instead, RCW 42.56.210 requires that the agency provide a statement of the specific exemption and a brief explanation of how the exemption applies. That can be achieved through methods other than providing an actual log. See White v. Skagit Cnty., 188 Wn. App. 886, 901-02 (2015) (Holding that it was unnecessary to provide an actual log, and instead, “Island County’s succinct and informative letter efficiently fulfilled the ‘brief explanation’ requirement.”); WAC 44-14-04004(5)(b) (“Another way to properly provide a brief explanation [besides a log] is to use another format, such as a letter providing the required exemption citations, description of records, and brief explanations. ”).
Finally, for the most part we provided the responsive records to you as-is, without new redactions. The exception is that where the requestor was a parent, certain information about the student and/or the parent needed to be redacted before it was produced to you. This was explained in detail to you in the closing letter we sent you.
Sincerely,
JoLynn Berge
Public Records Officer
_____________________
Have a pleasant day.
Elaine Gisle
Administrative Assistant to the Chief Leadership and Strategy Officer
Northshore School District | Phone: 425.408.7621
From: J Tikalsky
02-01-2024
To: Northshore School District Public Records Officer / via email to jberge@nsd.org
Hello,
Your response and explanation makes it seem that you have not actually reviewed the files and documents that were produced by the District in response to this public records request:
1. All electronic files produced are labeled with the same date: 08-25-23.
2. The public records requests are not attached to the responsive public records themselves, and the responses are not labeled with any kind of key indicating which PRA request the document response is associated with.
3. All requests produced are reproductions from a GOVQA public records portal. Question: Did the District receive any public records requests OUTSIDE the District's GOVQA portal in the year 2021?
4. You state "When we then fulfilled your request for our previous public records requests and our responses to those requests, we provided you with a number of closing letters that similarly provided redaction information in the responsive closing letters. In instances where we had provided requestors with a standalone log, we provided those logs to you in response to your request. For example, when we provided you with the records from Public Records Request #N000373, we provided the actual standalone exemption log to you." I don't know what this means? What is "Public Records Request #N000373?" What "closing letters" are associated with which responses? Is Public Records Request #N000373 produced as file N373.pdf? This file, "N373.pdf" does not have any redaction log associated with it? Explain please.
Public records production via the "GOVQA" portal is in itself a form of obfuscation and redaction. Please provide complete electronic copies of all requested public records as follows:
1. A copy of each original public records request for 2021.
2. A complete electronic copy of your agency's Responses to each of these Public Records Requests for 2021.
3. Complete exemption logs where applicable.
Thank you.
Attached is an example from the District's "GOVQA" portal. File N310.pdf appears to be a public records request from Paul R. Swan dated 01/23/2021 for the following:
"Development, maintenance, easements, contracts, agreements or any correspondence related to the northern access road for Wellington Elementary adjoining 195th street between 166th and 164th. Any correspondence with George E. Hall, John A. Sawka, Richard Lee Morgan or Frank T. Peep similarly related to the above road or Wellington Elementary development. Any documents referring to neighboring parcel #0126059098 legal description "SEC 01 26 05 S2 S2 SW4SW4 NW4"
The district responded with:
On 3/10/2021 9:01:58 AM, Elaine Gisle wrote:
CC: dhale@nsd.org; egisle@nsd.org
Subject: Northshore SD Records Center Public Records Request :: N000310-012321
03/10/2021
Sent via email: prswan@gmail.com
Paul Swan
Re: Public Records Request dated 1/23/2021
Dear Paul Swan:
The purpose of this letter is to let you know the records you requested have been assembled and are ready for your inspection. We believethey are responsive to your request under the Washington State Public Records Act. Please see our notes below each or your requests.
Development, maintenance, easements, contracts, agreements or any correspondence related to the northern access road for WellingtonElementary adjoining 195th street between 166th and 164th.
*
All documents on file associated with above have been included.
Any correspondence with George E. Hall, John A. Sawka, Richard Lee Morgan or Frank T. Peep similarly related to the above road orWellington Elementary development.
*
No records are in our possession.
Any documents referring to neighboring parcel #0126059098 legal description "SEC 01 26 05 S2 S2 SW4 SW4 NW4"
*
All documents on file associated with above parcel have been included.
The records requested have been assembled and are available for inspection.
Please log in to the Northshore School District Public Records Center at the following link to retrieve the appropriate responsive documents.
Public Records Request - N000310-012321
I believe this production closes your public records request dated January 23, 2021.
***********************************************************************************
The email claims "The records requested have been assembled and are available for inspection" and "All documents on file associated with above parcel have been included." QUESTION: where are these documents? Which documents are these?
Attached is a list of documents the district provided via the GOVQA portal. What documents are responsive to which requests and where are the redaction logs?
Thank you.
From: Northshore School District
This message is being sent on behalf of JoLynn Berge, Public Records Officer
Hello requests@muckrock.com<mailto:requests@muckrock.com>,
Thank you for your inquiry. Here are our responses to each of your questions listed below:
1. Correct, the files have the 8/25/2023 timestamp because that is the day we released them to you.
2. I'm not sure what you mean. Please see the attached screenshot of the view we see. At the top of the folder, N310 for example, you'll see N310 at the top as the folder we clicked into, then all of the attachments responsive to N310 are listed below that. Please let us know if you are not able to view the records by request, as we can in these screenshots.
3. Yes. We use GovQA to track and process all public records requests.
4. Please see the attached screenshot labeled N373 attachments. The closing letter is labeled N373.pdf. The stand-alone exemption log is labeled, Exemption_Log_-_McHenry.pdf - please see the attached screenshot. Please let us know if you are not able to access the records reflected in these screenshots.
We have provided you with all responsive records via GovQA, as you agreed on February 27, 2023. Are you asking us to provide these to you again?
1. A copy of each original public records request for 2021.
2. A complete electronic copy of your agency's Responses to each of these Public Records Requests for 2021.
3. Complete exemption logs where applicable.
Sincerely,
JoLynn Berge
Public Records Officer
-------------------------------------------------
Elaine Gisle
Administrative Assistant to the Chief Leadership and Strategy Officer
Northshore School District | Phone: 425.408.7621
From: J Tikalsky
02-01-2024
To: Northshore School District Public Records Officer via email to jberge@nsd.org
Your responses to my questions are confusing.
YOUR REPONSE:
Q: 1. All electronic files produced are labeled with the same date: 08-25-23.
R: 1. All electronic files produced are labeled with the same date: 08-25-23.
Yes, all the files produced HAVE THE SAME DATE: 08-25-23. So are you claiming all these PRA requests and District responses to these requests all happened on 08-25-23? Obviously this makes NO SENSE and is not factual. Your GOVQA portal has REDATED all responsive files to the date 08-25-23. The original request was specific for the ORIGINAL DATES of the native files themselves.
Q: 2. The public records requests are not attached to the responsive public records themselves, and the responses are not labeled with any kind of key indicating which PRA request the document response is associated with.
R: 2. I'm not sure what you mean. Please see the attached screenshot of the view we see. At the top of the folder, N310 for example, you'll see N310 at the top as the folder we clicked into, then all of the attachments responsive to N310 are listed below that. Please let us know if you are not able to view the records by request, as we can in these screenshots.
There ARE NO FOLDERS. All responsive records you have insisted on providing exclusively via your GOVQA PORTAL are presented in ONE BUCKET of 656 files, time stamped 08-25-2023 with no explanation or key whatsoever. SEE ATTACHED .pdf SCREEN SHOT. I am assuming you have not bothered to have ANYONE actually CHECK the production of files you post to GOVQA from OUTSIDE your organization and WITHOUT having admin privileges or security account rights? What you see on your GOVQA PORTAL and what YOU have access to is *not* what the requestor sees or has access to. This is covered in detail in GOVQA manuals and GOVQA product instructions very clearly. Also, note much of the portal text is CUT OFF and unable to be viewed on GOVQA PORTAL. See attached .pdf example from THIS MORNING 02-28-2024.
Q: 3. All requests produced are reproductions from a GOVQA public records portal. Question: Did the District receive any public records requests OUTSIDE the District's GOVQA portal in the year 2021?
R: 3. Yes. We use GovQA to track and process all public records requests.
Yes? Yes the District received public records requests OUTSIDE the District's GOVQA portal in the year 2021? Then where are electronic copies of those requests? You have not provided a single one. Please produce those requests.
Q: 4. You state "When we then fulfilled your request for our previous public records requests and our responses to those requests, we provided you with a number of closing letters that similarly provided redaction information in the responsive closing letters. In instances where we had provided requestors with a standalone log, we provided those logs to you in response to your request. For example, when we provided you with the records from Public Records Request #N000373, we provided the actual standalone exemption log to you." I don't know what this means? What is "Public Records Request #N000373?" What "closing letters" are associated with which responses? Is Public Records Request #N000373 produced as file N373.pdf? This file, "N373.pdf" does not have any redaction log associated with it? Explain please.
R: 4. Please see the attached screenshot labeled N373 attachments. The closing letter is labeled N373.pdf. The stand-alone exemption log is labeled, Exemption_Log_-_McHenry.pdf - please see the attached screenshot. Please let us know if you are not able to access the records reflected in these screenshots.
I am able to access the individual files you provided. However the “exemption logs” are not labeled as associated with the specific request. In your own example “Exemption_Log_-_McHenry.pdf” does not include a label or identifier of WHICH public records request BY DATE or reference number this “Exemption_Log_-_McHenry.pdf” exemption log is referencing. Are you claiming “Exemption_Log_-_McHenry.pdf” is stand-alone exemption log associated with N373? How is anyone supposed to understand that? Are you also claiming N373 is associated with Public Records Request reference number #N000373? Again, no mind readers here.
R: We have provided you with all responsive records via GovQA, as you agreed on February 27, 2023. Are you asking us to provide these to you again?
You *have not* provided all responsive records. I agreed to the GOVQA portal, under protest, because your former public records officer was rushing to destroy requested responsive records just as soon as humanly possible. Dumping all records into GOVQA and then expecting the average citizen to play “52 card pickup” with your responses is unacceptable and constitutes bad faith on the part of the District. This method of production is itself a form of invalid redaction and silent withholding of requested public records.
3rd (4th?) REQUEST:
Please provide complete electronic copies of all requested public records as follows:
1. A copy of each original public records request received by the District for 2021.
2. A complete electronic copy of your agency's Responses to each of these Public Records Requests for 2021.
3. Complete exemption logs where applicable.
4. Label or bundle each original records request with the District’s associated response to each specific records request and label or key each associated public record and exemptions log produced in response to each specific request with the request itself. (this should be self-evident).
From: Northshore School District
This message is being sent on behalf of JoLynn Berge, Public Records Officer
Hello,
I've addressed your questions here.
Q.1) 8/25/23 is the date we released records to you. All of the documents and files have specific dates, you'll need to open the documents to review the original dates.
Q.2) N310 is how the system labels the response. The system has passed all legal requirements.
3.) Items 1-3 are included in the files in GovQA.
4.) We have labeled and bundled these in GovQA. We have reached out to our vendor to inquire about the issue you describe and are waiting for a response. We will get back to you as soon as we can.
Sincerely,
JoLynn Berge
Public Records Officer
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Elaine Gisle
Administrative Assistant to the Chief Leadership and Strategy Officer
Northshore School District | Phone: 425.408.7621
From: J Tikalsky
03-22-2024
Hello,
By mutual agreement, this public records request is withdrawn.
Thank you.
Files
pages
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