Business Insider August 25 2022 public records request

To Whom It May Concern:

Pursuant to the Tennessee Public Records Act, I hereby request the following records:

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

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

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

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

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

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

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 7 business days, as the statute requires.

Sincerely,

Kent Hoover, a citizen of Tennessee, in coordination with Insider Staff.

Hello,

Please see attached. Thank you for your help with this request!

Good afternoon,

I'm hopeful that we can resolve this matter without seeking a judicial remedy through the courts. You appear to have fundamentally misunderstood both the scope of my request and the district's obligations under state statute.

First, my request does not seek records which do not exist; there would be no situation in which MNPS would be in a position to create any new record while properly processing this request. Settlement and separation agreements exist to sever liability for both the district and the employee; it defies logic that you would not be able to locate these agreements outside of a teacher's personnel file.

Second, while it is true that some portions of an employee's personnel file can be withheld from disclosure, none of the exemptions in state statute applies to matters of sexual misconduct and/or child abuse.

I do not with to single out Metro Nashville Public Schools for failing to publicly disclose what other districts have had no issue releasing. Given the district's immense obligation to ensure the safety of students, I trust you will treat this request with the care and attention it deserves moving forward rather than attempt to dismiss it out of hand.