Business Insider public records law request August 16 2022

Nicole Kanu filed this request on behalf of Insider Staff with the Rogers School District of Rogers, AR.
Status
Completed

Communications

From: Insider Staff

To Whom It May Concern:

Pursuant to the Arkansas 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.

Please waive any applicable fees; this information is being sought for reporting purposes. If I can provide any clarification that will help expedite the processing of my request, please contact me directly, at mdrange@insider.com.

Note: a delay in access to these records is tantamount to a denial of access.

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 3 business days, as the statute requires.

Sincerely,

Nicole Kanu, a citizen of Arkansas, in coordination with Insider Staff.

From: Insider Staff

Good afternoon, I'm following up again on my August 16 public records request, copied below for reference. Unfortunately I've not heard back from anyone in your office regarding the status of this request, which is now past-due. Can you please reply to this email by EOD tomorrow, Sept. 8, with all responsive records ready for release to date, as well as an estimated date of completion for when I should expect to receive any other outstanding records?

I'm hopeful that we can resolve this matter without seeking a judicial remedy through the courts.

Thank you,

____________
Pursuant to the Arkansas 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.

Please waive any applicable fees; this information is being sought for reporting purposes. If I can provide any clarification that will help expedite the processing of my request, please contact me directly, at mdrange@insider.com.

Note: a delay in access to these records is tantamount to a denial of access.

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 3 business days, as the statute requires.

Sincerely,

Nicole Kanu, a citizen of Arkansas, in coordination with Insider Staff.

From: Rogers School District

Hello, thank you for reaching out. This appeared to be spam from an out-of-state address and contain hyperlinks that could be potential security risks. To initiate an FOI request, please provide verification that a citizen of Arkansas is requesting this information with an Arkansas address listed on their driver's license or other government issued ID.

Thank you,

Ashley Siwiec

____________________________
Ashley Kelley Siwiec /pronounced SHEEV-yets/
Communications Director

Rogers Public Schools
500 W. Walnut
Rogers, AR 72756
Tel. 479-636-3910
ashley.siwiec@rpsar.net

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From: Muckrock Staff

Hi Ashley,

Attached is Nicole Kanu's proof of residency.

Thank you so much for your continued help with this request.

Sincerely,

MuckRock [Attachment Redacted]

From: Rogers School District

Thank you for the information. We have received your request and our HR department will gather any applicable information. Please note that we are legally required to first notify anyone whose records could be released as part of this request.

____________________________
Ashley Kelley Siwiec /pronounced SHEEV-yets/
Communications Director

Rogers Public Schools
500 W. Walnut
Rogers, AR 72756
Tel. 479-636-3910
ashley.siwiec@rpsar.net

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From: Insider Staff

Understood; thank you.

From: Rogers School District

Attached is the documentation requested that our HR department has asked me to forward to you.

From: Insider Staff

Thank you, when should I expect to receive the remainder of responsive records for this request?

From: Rogers School District

Thank you for the confirmation. That was the only incident to report.

____________________________
Ashley Kelley Siwiec /pronounced SHEEV-yets/
Communications Director

Rogers Public Schools
500 W. Walnut
Rogers, AR 72756
Tel. 479-636-3910
ashley.siwiec@rpsar.net

[cid:7037dfcb-c755-41e5-a654-907d9e1e799b]

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