Business Insider public records law request August 16 2022

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.

As provided in the open records law, I will expect your response within three (3) business days. Note: a delay in access to these records is tantamount to a denial of access.

Thank you for your timely attention to this matter,

Matt Drange

Senior Correspondent, Business Insider

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.

Hello,

Please find proof of residency attached.

Thank you so much for your help with this request.

Sincerely,
MuckRock [Attachment Redacted]

Good afternoon, thank you for the update. It appears your office has misunderstood both the scope of my request as well as what is and what isn't exempt under state statute. I'm hopeful that we can resolve this matter without seeking a judicial remedy through the courts.

First, with respect to the separation and settlement agreements I've requested, are you saying that the Springdale Public Schools system has not separated with a single employee since 2017? With some 21,000 students, that seems implausible on its face. Please confirm your understanding that my request seeks ALL copies of separation and settlement agreements with teachers over the provided five-year timeframe (regardless of underlying context or rationale for departure).

Second, as you know, Ark. Code Ann. §25-15-105(c)(1), concerns administrative fees and penalties. Did you mean to cite another part of state law? Please advise so that I can inform my attorney.

Thanks again,