Shoreline 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.
| Submitted | Nov. 3, 2021 |
| Due | Dec. 2, 2021 |
| Est. Completion | Jan. 31, 2024 |
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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 Shoreline 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: Shoreline School District
Jennifer McKibbin
Executive Assistant to the Deputy Superintendent
Shoreline School District
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: Shoreline 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”
Thank you.
From: Shoreline School District
Marla
Marla S. Miller
Deputy Superintendent
Shoreline School District
From: PRA Audit
Hello,
Thank you for your communication.
You state in your letter “Based on our public records archives, we estimate the cost of providing the records you have requested is approximately $7,000.00, at a cost of 10 cents per
electronic page.”
Please explain, as the District’s public records fee schedule has no provision for the assessment of 10 cents per electronic page.
Also please provide an estimate of the number of records available by year in electronic format vs. those records that would be needed to be scanned into electronic format to satisfy this request.
Thank you.
From: Shoreline School District
Thank you for your email.
I am out of the office through December 31, returning January 3, 2022.
and will reply to emails at that time.
Happy Holidays and Happy New Year!
Jennifer McKibbin
From: Shoreline School District
I'll be out of the office until Tuesday, January 4, 2022. If you need immediate assistance please call the District's main number: 206-393-4203. Happy Holidays!
Marla Miller, Deputy Superintendent
Shoreline School District
From: PRA Audit
Hello,
When does the District anticipate producing records responsive to this public records request?
Thank you.
From: Shoreline School District
I'll be out of the office until Monday, February 28, 2022. If you need immediate assistance please call the District's main number: 206-393-4203.
Marla Miller, Deputy Superintendent
Shoreline School District
From: PRA Audit
Hello,
When does the District anticipate producing records responsive to this public records request?
Jennifer McKibbin and Deputy Superintendent Marla Miller do not respond to email.
Thank you.
From: PRA Audit
VIA EMAIL: public.records@shorelineschools.org
Hello,
When does the District anticipate producing records responsive to this public records request?
It has now been over 90 days since we have received any response to this request from the District.
Thank you.
From: PRA Audit
VIA EMAIL: di.mikesell@shorelineschools.org
Hello,
When does the District anticipate producing records responsive to this public records request?
It has now been over 90 days since we have received any response to this request from the District.
Thank you.
From: PRA Audit
VIA EMAIL: marla.miller@shorelineschools.org
Hello,
When does the District anticipate producing records responsive to this public records request?
It has now been over 90 days since we have received any response to this request from the District.
Thank you.
From: PRA Audit
VIA EMAIL: jennifer.mckibbin@shorelineschools.org
Hello,
When does the District anticipate producing records responsive to this public records request?
It has now been over 90 days since we have received any response to this request from the District.
Thank you.
From: Shoreline School District
Jennifer McKibbin
Executive Assistant to the Deputy Superintendent
Shoreline School District
From: PRA Audit
Hello,
Thank you for your communication.
You state in your letter of 12-22-21 “Based on our public records archives, we estimate the cost of providing the records you have requested is approximately $7,000.00, at a cost of 10 cents per
electronic page.”
I replied on 12-30-21:
Please explain, as the District’s public records fee schedule has no provision for the assessment of 10 cents per electronic page.
Also please provide an estimate of the number of records available by year in electronic format vs. those records that would be needed to be scanned into electronic format to satisfy this request.
You then state in your letter of 03-16-22:
“In regards to the first part of your email, District Policy 4040 and Procedure 4040P are
available on our website at the links embedded in this letter. Procedure 4040P outlines the
process for making a public request, processing of public records requests and costs of
providing records, waiver of costs and agreements regarding costs. The policy was adopted
by the Board in March 2021, and the fees associated with responses to public records
requests were updated in April 2021.
These costs are also found on the District's public records request form available on our
website. As noted in my original acknowledgement of your request, the cost of the records
would need to be paid to the District before they are released to you."
Again, it is now 4 months later and my fee related question has not been answered. The District’s public records fee schedule (and public records request form) contain no provisions for the assessment of "10 cents per electronic page."
Also please provide a detailed estimate of the number of records available by year in electronic format vs. those records that would be needed to be scanned into electronic format to satisfy this request.
This is a fee estimate request per RCW 42.56.120.
Thank you.
From: Shoreline School District
Shoreline School District
Public Records Office
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From: PRA Audit
Thank you for your letter.
I understand that to scan a document not already available in electronic format the fee is .10 cents per document page.
However a document already available in electronic format is governed by a different fee structure. Fees for the production of electronic files are calculated on a per MB and per attachment basis.
For example in your letter you detail fees for Year 2021:
"Year 2021 - 2000 pages x $ .10 per page = $200"
Are you claiming the District stores these 2000 pages for 2021 in paper format only?
Responsive records for Year 2021 do not exist in digital electronic format and only on paper, requiring each page to be scanned at .10 cents per page?
Thank you.
From: PRA Audit
Thank you for your letter.
I understand that to scan a document not already available in electronic format the fee is .10 cents per document page.
However a document already available in electronic format is governed by a different fee structure. Fees for the production of electronic files are calculated on a per MB and per attachment basis.
For example in your letter you detail fees for Year 2021:
"Year 2021 - 2000 pages x $ .10 per page = $200"
Are you claiming the District stores these 2000 pages for 2021 in paper format only?
Responsive records for Year 2021 do not exist in digital electronic format and only on paper, requiring each page to be scanned at .10 cents per page?
Thank you.
From: PRA Audit
Hello,
It has now been over 1 year and your agency has not produced a single requested public record, nor answered any of my repeated questions regarding fees for records stored in electronic format.
Does your agency have any intention of complying with RCW 42.56?
STAY TUNED.
From: Shoreline School District
Good Day, PRA Audit,
I am writing to you today on behalf of Shoreline School District. I am new to Shoreline, having joined the District over the summer following the retirement of Marla Miller, with whom you had previously been corresponding. I am in receipt of your correspondence delivered via U.S. Mail inquiring about the status of your public records request. Since receiving your letter, I have reviewed the file of correspondence on this request and note that it did not contain the April 1, 2022 response from you, which I appreciate seeing now in your U.S.Mail correspondence and this on-line chain via MuckRock. I wasn't here, so I cannot speak to why you did not receive a response to that inquiry, but I understand your frustration at the communication gap with the District.
With the retirement of Ms. Miller and the extended medical leave of our public records officer, I was unaware that this request was pending additional action. I apologize for the delay in communication, and I would like to assure you that I take the public records act very seriously and would like to make progress on your request.
Since I have not previously been involved with this request, I would like to have an opportunity to assess this for myself rather than rely on the previous assessment. In reviewing the file and locating the records, I understand the records are extensive, may be in mixed media of paper and stored digitally, and that we expect to need to do extensive review and preparation of the records before they can be released to a different party than the original requester, such as yourself.
I will make best efforts to provide additional context around our review of the records by the end of next week, along with any updates I can provide. I understand that you preferred most recent records first, so I may focus on 2022 and 2021 first, so that we can make some progress in providing the clarification you have requested related to costs for producing these records.
At present, due to staff shortages and the work that must be done to search for and prepare the records as well as provide courtesy notification to affected third parties under RCW 42.56, I will estimate that we will be responsive to your request on or before June 30, 2023.
Best regards,
Jennifer A. Farmer
Assistant Superintendent, Business & Operations
Shoreline School District
From: PRA Audit
via email: public.records@shorelineschools.org
Hello Ms. Farmer,
No need to apologize on behalf of the District. No apology necessary, and NO APOLOGY ACCEPTED.
For one to be "frustrated" one would have to take something personally.
This is a public records act request of a public agency. Nothing personal here.
Your agency continues to violate the Washington State Public Records act, and you make excuses on behalf of your agency, none of which mitigates your agency's obligation under the law to produce identified public records in a timely fashion as per RCW.
My option is to seek relief under as outlined in RCW 42.56.550.
"RCW 42.56.550
Judicial review of agency actions.
(1) Upon the motion of any person having been denied an opportunity to inspect or copy a public record by an agency, the superior court in the county in which a record is maintained may require the responsible agency to show cause why it has refused to allow inspection or copying of a specific public record or class of records. The burden of proof shall be on the agency to establish that refusal to permit public inspection and copying is in accordance with a statute that exempts or prohibits disclosure in whole or in part of specific information or records.
(2) Upon the motion of any person who believes that an agency has not made a reasonable estimate of the time that the agency requires to respond to a public record request or a reasonable estimate of the charges to produce copies of public records, the superior court in the county in which a record is maintained may require the responsible agency to show that the estimate it provided is reasonable. The burden of proof shall be on the agency to show that the estimate it provided is reasonable.
(3) Judicial review of all agency actions taken or challenged under RCW 42.56.030 through 42.56.520 shall be de novo. Courts shall take into account the policy of this chapter that free and open examination of public records is in the public interest, even though such examination may cause inconvenience or embarrassment to public officials or others. Courts may examine any record in camera in any proceeding brought under this section. The court may conduct a hearing based solely on affidavits.
(4) Any person who prevails against an agency in any action in the courts seeking the right to inspect or copy any public record or the right to receive a response to a public record request within a reasonable amount of time shall be awarded all costs, including reasonable attorney fees, incurred in connection with such legal action. In addition, it shall be within the discretion of the court to award such person an amount not to exceed one hundred dollars for each day that he or she was denied the right to inspect or copy said public record.
(5) For actions under this section against counties, the venue provisions of RCW 36.01.050 apply.
(6) Actions under this section must be filed within one year of the agency's claim of exemption or the last production of a record on a partial or installment basis."
Note: "(2) Upon the motion of any person who believes that an agency has not made a reasonable estimate of the time that the agency requires to respond to a public record request or a reasonable estimate of the charges to produce copies of public records, the superior court in the county in which a record is maintained may require the responsible agency to show that the estimate it provided is reasonable. The burden of proof shall be on the agency to show that the estimate it provided is reasonable."
This records request is originally dated November 3, 2021. I look forward to your agency providing an explanation of how it is reasonable for the Shoreline School District to produce zero requested records prior to June 30, 2023 (604 days).
That is of course assuming the district actually produces anything on June 30, 2023.
Thank you.
From: Shoreline School District
Thank you for your response. I understand that there is absolutely nothing
personal about your request. I remain committed to providing responsive
records to you and have been working on identifying the physical records as
well as searching for the electronic records held by my predecessor.
We have previously provided you with fee information related to the
production of paper and electronic records, but I intend to evaluate the
estimate of the potential charges related to fulfilling your request. This
update will be provided to you as soon as I feel confident I have located
and assessed the records for a specific year, or years.
In the interim, I wish you a happy holiday season.
Best regards,
Jennifer
Jennifer A. Farmer
Assistant Superintendent, Business & Operations
Shoreline School District
From: Shoreline School District
Good Day,
We are writing today with an installment of records in response to your public records request. These files are being provided here electronically at no cost to you for this installment. The District reserves the right to charge for future installment(s) of records in alignment with our school board policy/procedure 4040/4040P.
Due to the volume of records and significant staff shortages, we will extend our anticipated response date to October 31, 2023. Installments may become available during that time, and you will be updated with installments or cost considerations as our work continues.
Best regards.
There are too many files to display on this communication. See all files
From: Shoreline School District
Good Day,
We are writing today with an installment of records in response to your public records request. These files are being provided here electronically at no cost to you for this installment. The District reserves the right to charge for future installment(s) of records in alignment with our school board policy/procedure 4040/4040P.
Due to the volume of records and significant staff shortages, we will extend our anticipated response date to October 31, 2023. Installments may become available during that time, and you will be updated with installments or cost considerations as our work continues.
Best regards.
From: Shoreline School District
Hello,
Regarding the size of your remaining request for:
"a complete electronic copy of all Public Records Requests received by the Shoreline 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."
Would a list of requests and date of responses fulfill what you are looking for?
As authorized by RCW 425.56.520, the District will require additional time to respond to your request for the purposes of locating and assembling the information requested, notifying affected parties related to this request, and to determine if any of the information requested is exempt under Washington or federal law. The District is extending the estimate for the documents found to be responsive to your request will be available to you January 31, 2024.
Please respond to this message by December 5, 2023, or this request will be closed.
Thank you,
Public Records Office
Shoreline School District
18560 1st Ave. NE
Shoreline, WA 98155
From: Shoreline School District
Hello,
Regarding the size of your remaining request for:
"a complete electronic copy of all Public Records Requests received by the
Shoreline 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."
Would a list of requests and date of responses fulfill what you are looking
for?
As authorized by RCW 425.56.520, the District will require additional time
to respond to your request for the purposes of locating and assembling the
information requested, notifying affected parties related to this request,
and to determine if any of the information requested is exempt under
Washington or federal law. The District is extending the estimate for the
documents found to be responsive to your request will be available to you
January 31, 2024.
Thank you.
Public Records Office
Shoreline School District
18560 1st Ave. NE
Shoreline, WA 98155
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contain confidential and privileged information which is intended only for
the use of the individual(s) or entitled named. If you receive this email
message in error, please immediately notify the sender by email and delete
it. Dissemination, forwarding, printing or copying of this email without
prior consent of the sender is strictly prohibited. Thank you for your
compliance.
From: PRA Audit
December 1, 2023
via email to "Public Records" <public.records@ssd412.org>
Hello,
This public records request is over 2 years old. Now you are asking questions like:
"Would a list of requests and date of responses fulfill what you are looking
for?"
ANSWER: NO.
Please see original request:
"I request a complete electronic copy of all Public Records Requests received by the Shoreline 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."
Why does your agency continue to miss estimated installment dates?
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