Business Insider August 25, 2022 public records request

Tom Nash filed this request on behalf of Insider Staff with the Prince William County Public Schools of Prince William County, VA.
Est. Completion None
Status
Fix Required

Communications

From: Insider Staff

To Whom It May Concern:

Pursuant to the Virginia Freedom of Information 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 5 business days, as the statute requires.

Sincerely,

Tom Nash, a citizen of Virginia, in coordination with Insider Staff.

From: Prince William County Public Schools

Good morning,

Per Virginia Code Section 2.2-3704(A) of The Virginia Freedom of Information Act which states that "all public records shall be open to inspection and copying by any citizens of the Commonwealth", the Act only provides "Virginia citizens, representatives of newspapers and magazines with a circulation in the Commonwealth, and representatives of radio and television stations broadcasting in or into the Commonwealth" with access to the records of public bodies. Your request show you are not in VA, and the request is being filed on behalf of Tom Nash, " a citizen of Virginia". Please provide Mr. Nash's legal VA address so we may process your FOIA request.

Time is tolled until I receive your response with the requested information.

Sincerely,

Soledad Araya
FOIA Officer
Prince William County Public Schools
Office of the Division Counsel
P.O.Box 389
Manassas, VA 20108
P: 571.402.3150
C: 571.719.9903
F: 703.498.2002
ArayaS@pwcs.edu<mailto:ArayaS@pwcs.edu>

CONFIDENTIALITY NOTICE:
This message and any attachments may be confidential or legally privileged and are intended only for the individual or entity identified above as the addressee. This message is not to be forwarded, redirected, or copied to anyone except staff in Prince William County Schools or as expressly authorized by the sender. Printed copies of this e-mail are to be held as confidential and/or legally privileged. If you are not the addressee, or if this message has been addressed to you in error, please delete this message and any attachments and notify the sender by return e-mail or by the number(s) listed above.

From: Muckrock Staff

Hello,

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

From: Prince William County Public Schools

Mr. Nash,

You have requested the following public records pursuant to the Virginia Freedom of Information Act.

* 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.

You also stated that you would like to be informed of the total charges in advance of fulfilling the request.

This request is extremely broad, as it covers almost five years of records, to include emails, text messages, and virtually any document that “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.” Moreover, you acknowledge that we should construe this request “to be liberal and expansive.”

We can reasonably determine that the cost to search for and produce such records would reach into the thousands of dollars. Moreover, because you are seeking records that by definition pertain to specific employees (or former employees) and would likewise involve specific student records, we are confident that virtually all of those records would be excluded from production pursuant to Va. Code 2.2-3705.1(A)(1), 2.2-3705.4(1), and 2.2-3705.3(3) (and perhaps other exclusions).

Please let us know if you would like us to nonetheless prepare a more detailed estimate.

Sincerely,

Soledad Araya
FOIA Officer
Prince William County Public Schools
Office of the Division Counsel
P.O.Box 389
Manassas, VA 20108
P: 571.402.3150
C: 571.719.9903
F: 703.498.2002
ArayaS@pwcs.edu<mailto:ArayaS@pwcs.edu<mailto:ArayaS@pwcs.edu%3cmailto:ArayaS@pwcs.edu>>
CONFIDENTIALITY NOTICE:
This message and any attachments may be confidential or legally privileged and are intended only for the individual or entity identified above as the addressee. This message is not to be forwarded, redirected, or copied to anyone except staff in Prince William County Schools or as expressly authorized by the sender. Printed copies of this e-mail are to be held as confidential and/or legally privileged. If you are not the addressee, or if this message has been addressed to you in error, please delete this message and any attachments and notify the sender by return e-mail or by the number(s) listed above.

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