SHORELINE SCHOOL DISTRICT – (2022-2020) Internet Access Devices - Wi-Fi "Hotspots" or District provided Internet Access Devices and related Internet Access Device Usage Information (2022-2020)

Good Day,

Shoreline School District confirms receipt of your request for public
records dated December 1, 2022, for various records as detailed in your
request related to internet access devices, wifi hotspots, or District
provided internet access devices & related internet access device usage for
2020, 2021, and 2022.

Under Washington State RCW 42.56.520(2), the District is providing
notification that it will require additional time to locate and assemble
the records requested, review the records for possible exemptions, and/or
to provide notice to affected third parties.

We may also have additional questions to clarify your request, and will
reach out to you via email for further clarification as may be needed as we
conduct our search.

We estimate that we will be responsive to your request on or before March
15, 2023.

The Shoreline School District policy 4040 and 4040p discusses various fees
related to the production of various paper and electronic records. There is
a 15 cents per copy fee for paper records, plus actual mailing charges, and
various costs for electronic records which may be efficiently reviewed
here:
http://web.shorelineschools.org/school_board/policy_manual/content/4040P.pdf on
pages 8 & 9, particularly. The District will assess the potentially
responsive records and provide an estimate to you prior to incurring any
charges. As noted in the referenced District procedure on page 9, we may
require a deposit prior to preparing the responsive records for release.

We will provide records earlier if possible or in installments as may be
feasible.
Best regards,

Jennifer

Jennifer A. Farmer
Assistant Superintendent Business & Operations
Shoreline School District

Good Day,

Thank you for your reminder and apologies for the delay in responding on the 15th with an update.

The attached responsive invoices are provided in response to your request. We continue to search for additional responsive items related to your request. I would also like to seek clarification from you regarding this portion of your request: "Also all device serial numbers, device services providers, device ip addresses, device MAC addresses, device telephone numbers, device email addresses, and any other device specific identifying and device specific location information." Is a list of such information acceptable for response?

As we continue this work and search to be responsive to your request, we will be back in touch on or before April 28, 2023.

Best regards.

Thank you very much for your response to our clarification request,
received on April 12. We continue to search for and prepare these records
for response, as well as to review the information for potentially exempt
information under the Washington Public Records Act, RCW 42.56.

At this time, we will require additional time to complete this response,
and anticipate providing you with additional records on or before May 31,
2023.
Best regards,
Jennifer
Public Records Office
Shoreline School District

Good Day,

We are writing today with another installment of records responsive to your request, as well as to seek an additional item of clarification.

The attached documents are responsive to your request for:
HotSpot Phone Numbers
HotSpots Stolen
HotSpots Lost
HotSpots Unreturned

The carrier providing HotSpots to the District during remote learning was T-Mobile. I am advised that the District did not pay for these devices, nor did we pay for replacements for lost/stolen/unreturned devices.

Request for clarification: As we review the portions of your request related to other physical access points to the District's network, can you please clarify if you are seeking only the devices sent home for individuals to access work/learning, or if you are seeking all devices supporting normal user engagement at our physical school/office sites?

As we continue this work and search to be responsive to your request, we will be back in touch on or before August 31, 2023.

Best regards,
Jennifer
Public Records Office

Good morning,
Per the previous response, we are waiting to hear regarding the request for clarification: As we review the portions of your request related to other physical access points to the District's network, can you please clarify if you are seeking only the devices sent home for individuals to access work/learning, or if you are seeking all devices supporting normal user engagement at our physical school/office sites?

Due to staff changes and shortages, we have needed to extend this response date.

Once we hear back regarding information for devices sent home for individual access or all devices, we will respond accordingly.

If we do not hear back from you by January 8, 2024, this request will be considered complete and closed.

Thank you.

Public Records Office
Shoreline School District
public.records@ssd412.org

This email will no longer be utilized for Public Records.

Shoreline School District is now managing new requests through the NextRequest system for Public Records Requests.

Please click here for new requests or visit our webpage at: (https://shorelinepublicschoolswa.nextrequest.com/) https://www.ssd412.org/about-us/public-information-records-transcripts/public-records-requests (https://www.ssd412.org/about-us/public-information-records-transcripts/public-records-requests)

All inquiries will be addressed through the NextRequest system.

Thank you!

--
Shoreline School District Public Records Requests (https://www.ssd412.org/about-us/public-information-records-transcripts/public-records-requests)

Shoreline Public Schools, WA

************************************************************************

Your record request #24-46 has been submitted successfully.

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Shoreline Public Schools, WA

************************************************************************

A message was sent to you regarding record request #24-46:

This is an acknowledgment of your public records request received on April 12, 2024, requesting the following information:

Please provide all "Public Records" (as defined by WAC 44-14-03001) available regarding any and all internet routers, internet access points, wireless access points, "Hotspots," "Mobile Hotspots," "Cellular Hotspots," and any other physical hardware internet access devices provided by your agency (or donated on behalf of your agency) to employees, contractors, students, or the general public for the years 2020-2024.

These records should include all invoices, receipts, and costs of the access devices themselves. Also all device serial numbers, device services providers, device ip addresses, device MAC addresses, device telephone numbers, device email addresses, and any other device specific identifying and device specific location information.

Also include any usage logs for the devices, device audit logs, as well as any reports of any theft of or misuse of the access devices including complaints or allegations of online/internet misconduct, hacking, or harassment/bullying of any kind in association with the use of any of these internet access devices provided by your agency for the years 2020-2024.

As authorized by RCW 425.56.520, the District will require additional time to respond to your request to locate and assemble the requested information, notify affected parties related to this request, and determine if any of the information requested is exempt under Washington or federal law. At this time, the District anticipates having records prepared for you on or before April 10, 2025.

The District has various fees for different types of records produced. Once we have completed our search for records, we will have a better idea of the size and scope of the record production and can provide you an update prior to incurring charges. You may review our fee schedule beginning on page 8: http://web.shorelineschools.org/school_board/policy_manual/content/4040P.pdf.

************************************************************************
<em>Questions about your request?</em> Reply to this email or sign in to contact staff at Shoreline Public Schools, WA.<br><em>Technical support:</em> See our <a href="https://www.nextrequest.civicplus.help/hc/en-us/categories/17720084172567-Requesters">help page</a>

This is an acknowledgment of your public records request received on April
12, 2024, requesting the following information:

*Please provide all "Public Records" (as defined by WAC 44-14-03001)
available regarding any and all internet routers, internet access points,
wireless access points, "Hotspots," "Mobile Hotspots," "Cellular Hotspots,"
and any other physical hardware internet access devices provided by your
agency (or donated on behalf of your agency) to employees, contractors,
students, or the general public for the years 2020-2024.*

*These records should include all invoices, receipts, and costs of the
access devices themselves. Also all device serial numbers, device services
providers, device ip addresses, device MAC addresses, device telephone
numbers, device email addresses, and any other device specific identifying
and device specific location information.*

*Also include any usage logs for the devices, device audit logs, as well as
any reports of any theft of or misuse of the access devices including
complaints or allegations of online/internet misconduct, hacking, or
harassment/bullying of any kind in association with the use of any of these
internet access devices provided by your agency for the years 2020-2024.*

As authorized by RCW 425.56.520, the District will require additional time
to respond to your request to locate and assemble the requested
information, notify affected parties related to this request, and determine
if any of the information requested is exempt under Washington or federal
law. At this time, the District anticipates having records prepared for you
on or before April 10, 2025.

The District has various fees for different types of records produced. Once
we have completed our search for records, we will have a better idea of the
size and scope of the record production and can provide you an update prior
to incurring charges. You may review our fee schedule beginning on page 8:
http://web.shorelineschools.org/school_board/policy_manual/content/4040P.pdf
.

*Shoreline School District*
Public Records Requests
<https://www.ssd412.org/about-us/public-information-records-transcripts/public-records-requests>

On Wed, Apr 10, 2024 at 9:26 PM <requests@muckrock.com>
wrote:

>
> Shoreline School District
> Washington Public Records Act Office
> 18560 1st Ave. NE
> Shoreline, WA 98155
>
> April 11, 2024
>
> This is a follow up to a previous request:
>
> SHORELINE SCHOOL DISTRICT – (2020 - 2024) Internet Access Devices - Wi-Fi
> "Hotspots" or District provided Internet Access Devices and related
> Internet Access Device Usage Information (2022-2020)
>
> Via email: public.records@shorelineschools.org
>
> PUBLIC RECORDS REQUEST RCW 42.56
>
> I request the following identifiable public records to be produced in the
> following order of production, newest to oldest by year:
>
> 1. Please provide all "Public Records" (as defined by WAC 44-14-03001)
> available regarding any and all internet routers, internet access points,
> wireless access points, "Hotspots," "Mobile Hotspots," "Cellular Hotspots,"
> and any other physical hardware internet access devices provided by your
> agency (or donated on behalf of your agency) to employees, contractors,
> students, or the general public for the years 2020-2024.
>
> These records should include all invoices, receipts, and costs of the
> access devices themselves. Also all device serial numbers, device services
> providers, device ip addresses, device MAC addresses, device telephone
> numbers, device email addresses, and any other device specific identifying
> and device specific location information.
>
> Also include any usage logs for the devices, device audit logs, as well as
> any reports of any theft of or misuse of the access devices including
> complaints or allegations of online/internet misconduct, hacking, or
> harassment/bullying of any kind in association with the use of any of these
> internet access devices provided by your agency for the years 2020-2024.
>
> RECORDS INSTALLMENTS
>
> If production of responsive records will be completed in multiple
> installments, please begin by producing records in the numerical order
> requested by subject matter and year. The most recent public records should
> be produced first.
>
> 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.
>
> WAC 44-14-03001 - "Public record" defined.
>
> For most public records, the act uses a three-part test to determine if a
> record is a "public record." The document must be: A "writing," containing
> information "relating to the conduct of government" or the performance of
> any governmental or proprietary function, "prepared, owned, used, or
> retained" by an agency.
> (1) Writing. A "public record" can be any writing "regardless of physical
> form or characteristics." RCW 42.56.010(3). "Writing" is defined very
> broadly as: "… handwriting, typewriting, printing, photostating,
> photographing, and every other means of recording any form of communication
> or representation including, but not limited to, letters, words, pictures,
> sounds, or symbols, or combination thereof, and all papers, maps, magnetic
> or paper tapes, photographic films and prints, motion picture, film and
> video recordings, magnetic or punched cards, discs, drums, diskettes, sound
> recordings, and other documents including existing data compilations from
> which information may be obtained or translated." RCW 42.56.010(4). An
> email, text, social media posting and database are therefore also
> "writings."
> (2) Relating to the conduct of government. To be a "public record," a
> document must relate to the "conduct of government or the performance of
> any governmental or proprietary function." RCW 42.56.010(3).1 Almost all
> records held by an agency relate to the conduct of government.
> (3) "Prepared, owned, used, or retained." A "public record" is a record
> "prepared, owned, used, or retained" by an agency. RCW 42.56.010(3).
> A record can be "used" by an agency even if the agency does not actually
> possess the record. If an agency uses a record in its decision-making
> process it is a "public record."4 For example, if an agency considered
> technical specifications of a public works project and returned the
> specifications to the contractor in another state, the specifications would
> be a "public record" because the agency "used" the document in its
> decision-making process.5 The agency could be required to obtain the public
> record, unless doing so would be impossible. An agency cannot send its only
> copy of a public record to a third party for the sole purpose of avoiding
> disclosure.
> Sometimes agency employees or officials may work on agency business from
> home computers or on other personal devices, or from nonagency accounts
> (such as a nonagency email account), creating and storing agency records on
> those devices or in those accounts. When the records are prepared, owned,
> used or retained within the scope of the employee's or official's
> employment, those records (including emails, texts and other records) were
> "used" by the agency and relate to the "conduct of government" so they are
> "public records."7 RCW 42.56.010(3). Agencies should instruct employees and
> officials that all public records, regardless of where they were created,
> should eventually be stored on agency computers. Agencies should ask
> employees and officials to keep agency-related documents with any retention
> requirements on home computers or personal devices in separate folders
> temporarily, until they are provided to the agency. An agency could also
> require an employee or official to routinely blind carbon copy ("bcc") work
> emails in a personal account back to an agency email account. If the agency
> receives a request for records that are located solely on employees' or
> officials' home computers or personal devices, or in personal accounts, the
> agency should direct the individual to search for and provide any
> responsive documents to the agency, and the agency should process the
> request as it would if the records were on the agency's computers or in
> agency-owned devices or accounts. The agency employee or official may be
> required by the agency to sign an affidavit describing the nature and
> extent of his or her search for and production of responsive public records
> located on a home computer or personal device, or in a nonagency account,
> and a description of personal records not provided with sufficient facts to
> show the records are not public records.
>
> 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 137188
> 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 Dec. 11, 2023:
> Subject:
> Good morning,
> Per the previous response, we are waiting to hear regarding the request
> for clarification: As we review the portions of your request related to
> other physical access points to the District's network, can you please
> clarify if you are seeking only the devices sent home for individuals to
> access work/learning, or if you are seeking all devices supporting normal
> user engagement at our physical school/office sites?
>
> Due to staff changes and shortages, we have needed to extend this response
> date.
>
> Once we hear back regarding information for devices sent home for
> individual access or all devices, we will respond accordingly.
>
> If we do not hear back from you by January 8, 2024, this request will be
> considered complete and closed.
>
> Thank you.
>
> Public Records Office
> Shoreline School District
> public.records@ssd412.org
> ---
>
> On May 31, 2023:
> Subject:
> Good Day,
>
> We are writing today with another installment of records responsive to
> your request, as well as to seek an additional item of clarification.
>
> The attached documents are responsive to your request for:
> HotSpot Phone Numbers
> HotSpots Stolen
> HotSpots Lost
> HotSpots Unreturned
>
> The carrier providing HotSpots to the District during remote learning was
> T-Mobile. I am advised that the District did not pay for these devices, nor
> did we pay for replacements for lost/stolen/unreturned devices.
>
> Request for clarification: As we review the portions of your request
> related to other physical access points to the District's network, can you
> please clarify if you are seeking only the devices sent home for
> individuals to access work/learning, or if you are seeking all devices
> supporting normal user engagement at our physical school/office sites?
>
> As we continue this work and search to be responsive to your request, we
> will be back in touch on or before August 31, 2023.
>
> Best regards,
> Jennifer
> Public Records Office
> ---
>
> On April 27, 2023:
> Subject: Re: Washington Public Records Act Request: SHORELINE SCHOOL
> DISTRICT – (2022-2020) Internet Access Devices - Wi-Fi "Hotspots" or
> District provided Internet Access Devices and related Internet Access
> Device Usage Information (2022-2020)
> Thank you very much for your response to our clarification request,
> received on April 12. We continue to search for and prepare these records
> for response, as well as to review the information for potentially exempt
> information under the Washington Public Records Act, RCW 42.56.
>
> At this time, we will require additional time to complete this response,
> and anticipate providing you with additional records on or before May 31,
> 2023.
> Best regards,
> Jennifer
> Public Records Office
> Shoreline School District
> ---
>
> On April 12, 2023:
> Subject: RE: Washington Public Records Act Request: SHORELINE SCHOOL
> DISTRICT – (2022-2020) Internet Access Devices - Wi-Fi "Hotspots" or
> District provided Internet Access Devices and related Internet Access
> Device Usage Information (2022-2020)
> 04-12-23
>
> via email to public.records@ssd412.org
>
> Thank you.
>
> Your Question: "Is a list of such information acceptable for response?"
>
> If it provides the following information:
>
> "Also all device serial numbers, device services providers, device ip
> addresses, device MAC addresses, device telephone numbers, device email
> addresses, and any other device specific identifying and device specific
> location information."
>
> Yes.
>
> Thank you.
>
> ---
>
> On March 21, 2023:
> Subject:
> Good Day,
>
> Thank you for your reminder and apologies for the delay in responding on
> the 15th with an update.
>
> The attached responsive invoices are provided in response to your request.
> We continue to search for additional responsive items related to your
> request. I would also like to seek clarification from you regarding this
> portion of your request: "Also all device serial numbers, device services
> providers, device ip addresses, device MAC addresses, device telephone
> numbers, device email addresses, and any other device specific identifying
> and device specific location information." Is a list of such information
> acceptable for response?
>
> As we continue this work and search to be responsive to your request, we
> will be back in touch on or before April 28, 2023.
>
> Best regards.
> ---
>
> On Nov. 18, 2022:
> Subject: Washington Public Records Act Request: SHORELINE SCHOOL DISTRICT
> – (2022-2020) Internet Access Devices - Wi-Fi "Hotspots" or District
> provided Internet Access Devices and related Internet Access Device Usage
> Information (2022-2020)
> SHORELINE SCHOOL DISTRICT – (2022-2020) Internet Access Devices - Wi-Fi
> "Hotspots" or District provided Internet Access Devices and related
> Internet Access Device Usage Information (2022-2020)
>
> Via email: public.records@shorelineschools.org
>
> PUBLIC RECORDS REQUEST RCW 42.56
>
> I request the following identifiable public records to be produced in the
> following order of production, newest to oldest by year:
>
> 1. Please provide all "Public Records" (as defined by WAC 44-14-03001)
> available regarding any and all internet routers, internet access points,
> wireless access points, "Hotspots," "Mobile Hotspots," "Cellular Hotspots,"
> and any other physical hardware internet access devices provided by your
> agency (or donated on behalf of your agency) to employees, contractors,
> students, or the general public in the year 2022.
>
> These records should include all invoices, receipts, and costs of the
> access devices themselves. Also all device serial numbers, device services
> providers, device ip addresses, device MAC addresses, device telephone
> numbers, device email addresses, and any other device specific identifying
> and device specific location information.
>
> Also include any usage logs for the devices, device audit logs, as well as
> any reports of any theft of or misuse of the access devices including
> complaints or allegations of online/internet misconduct, hacking, or
> harassment/bullying of any kind in association with the use of any of these
> internet access devices provided by your agency in 2022.
>
> 2. Please provide all "Public Records" (as defined by WAC 44-14-03001)
> available regarding any and all internet routers, internet access points,
> wireless access points, "Hotspots," "Mobile Hotspots," "Cellular Hotspots,"
> and any other physical hardware internet access devices provided by your
> agency (or donated on behalf of your agency) to employees, contractors,
> students, or the general public in the year 2021.
>
> These records should include all invoices, receipts, and costs of the
> access devices themselves. Also all device serial numbers, device services
> providers, device ip addresses, device MAC addresses, device telephone
> numbers, device email addresses, and any other device specific identifying
> and device specific location information.
>
> Also include any usage logs for the devices, device audit logs, as well as
> any reports of any theft of or misuse of the access devices including
> complaints or allegations of online/internet misconduct, hacking, or
> harassment/bullying of any kind in association with the use of any of these
> internet access devices provided by your agency in 2021.
>
> 3. Please provide all "Public Records" (as defined by WAC 44-14-03001)
> available regarding any and all internet routers, internet access points,
> wireless access points, "Hotspots," "Mobile Hotspots," "Cellular Hotspots,"
> and any other physical hardware internet access devices provided by your
> agency (or donated on behalf of your agency) to employees, contractors,
> students, or the general public in the year 2020.
>
> These records should include all invoices, receipts, and costs of the
> access devices themselves. Also all device serial numbers, device services
> providers, device ip addresses, device MAC addresses, device telephone
> numbers, device email addresses, and any other device specific identifying
> and device specific location information.
>
> Also include any usage logs for the devices, device audit logs, as well as
> any reports of any theft of or misuse of the access devices including
> complaints or allegations of online/internet misconduct, hacking, or
> harassment/bullying of any kind in association with the use of any of these
> internet access devices provided by your agency in 2020.
>
> RECORDS INSTALLMENTS
>
> If production of responsive records will be completed in multiple
> installments, please begin by producing records in the numerical order
> requested by subject matter and year. The most recent public records should
> be produced first.
>
> 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.
>
> WAC 44-14-03001 - "Public record" defined.
>
> For most public records, the act uses a three-part test to determine if a
> record is a "public record." The document must be: A "writing," containing
> information "relating to the conduct of government" or the performance of
> any governmental or proprietary function, "prepared, owned, used, or
> retained" by an agency.
> (1) Writing. A "public record" can be any writing "regardless of physical
> form or characteristics." RCW 42.56.010(3). "Writing" is defined very
> broadly as: "… handwriting, typewriting, printing, photostating,
> photographing, and every other means of recording any form of communication
> or representation including, but not limited to, letters, words, pictures,
> sounds, or symbols, or combination thereof, and all papers, maps, magnetic
> or paper tapes, photographic films and prints, motion picture, film and
> video recordings, magnetic or punched cards, discs, drums, diskettes, sound
> recordings, and other documents including existing data compilations from
> which information may be obtained or translated." RCW 42.56.010(4). An
> email, text, social media posting and database are therefore also
> "writings."
> (2) Relating to the conduct of government. To be a "public record," a
> document must relate to the "conduct of government or the performance of
> any governmental or proprietary function." RCW 42.56.010(3).1 Almost all
> records held by an agency relate to the conduct of government.
> (3) "Prepared, owned, used, or retained." A "public record" is a record
> "prepared, owned, used, or retained" by an agency. RCW 42.56.010(3).
> A record can be "used" by an agency even if the agency does not actually
> possess the record. If an agency uses a record in its decision-making
> process it is a "public record."4 For example, if an agency considered
> technical specifications of a public works project and returned the
> specifications to the contractor in another state, the specifications would
> be a "public record" because the agency "used" the document in its
> decision-making process.5 The agency could be required to obtain the public
> record, unless doing so would be impossible. An agency cannot send its only
> copy of a public record to a third party for the sole purpose of avoiding
> disclosure.
> Sometimes agency employees or officials may work on agency business from
> home computers or on other personal devices, or from nonagency accounts
> (such as a nonagency email account), creating and storing agency records on
> those devices or in those accounts. When the records are prepared, owned,
> used or retained within the scope of the employee's or official's
> employment, those records (including emails, texts and other records) were
> "used" by the agency and relate to the "conduct of government" so they are
> "public records."7 RCW 42.56.010(3). Agencies should instruct employees and
> officials that all public records, regardless of where they were created,
> should eventually be stored on agency computers. Agencies should ask
> employees and officials to keep agency-related documents with any retention
> requirements on home computers or personal devices in separate folders
> temporarily, until they are provided to the agency. An agency could also
> require an employee or official to routinely blind carbon copy ("bcc") work
> emails in a personal account back to an agency email account. If the agency
> receives a request for records that are located solely on employees' or
> officials' home computers or personal devices, or in personal accounts, the
> agency should direct the individual to search for and provide any
> responsive documents to the agency, and the agency should process the
> request as it would if the records were on the agency's computers or in
> agency-owned devices or accounts. The agency employee or official may be
> required by the agency to sign an affidavit describing the nature and
> extent of his or her search for and production of responsive public records
> located on a home computer or personal device, or in a nonagency account,
> and a description of personal records not provided with sufficient facts to
> show the records are not public records.
>
> 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 137188
> 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.
>
>