Business Insider August 25 2022 public records request

Tom Nash filed this request on behalf of Insider Staff with the Virginia Beach City Public Schools of Virginia Beach, VA.
Status
Rejected

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: Insider Staff

Good afternoon, I'm following up on my August 25 public records request, below, which is now past-due. Can you please reply to this email with a) an estimated date of completion, and b) all responsive records located and ready for release as of today, Sept. 7?

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

Thank you,

From: Insider Staff

Hello, I still haven't received any responsive records for this request. I'm hopeful that we can resolve this issue without seeking a judicial remedy through the courts. Can you please advise?

From: Insider Staff

Hello, I still haven't received any responsive records for this request. I'm hopeful that we can resolve this issue without seeking a judicial remedy through the courts. Can you please advise?

From: Virginia Beach City Public Schools

Hello. Our FOIA Officer is John Sutton. I have copied him here.

Thank you,
Natalie Allen

From: Virginia Beach City Public Schools

Good afternoon,

Please see areas of your request marked in red.

Your request is as follows.
-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. Exempt/Personnel records (§ 2.2-3705.1

-All public records relating to 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. Exempt/Personnel records (§ 2.2-3705.1 Code of Virginia)
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; Exempt/Personnel records (§ 2.2-3705.1 Code of Virginia) 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 If you had the name of a specific individual, or a specific case you could contact those departments or state agencies and request responsive records. As this request applies to Virginia beach City Public Schools employees those records are Exempt/Personnel records (§ 2.2-3705.1 Code of Virginia) Records subject to attorney-client privilege (§ 2.2-3705.1 or attorney work product (§ 2.2-3705.1

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.

I have included our legal office on this response, so they are aware of our correspondence. Please contact me if you have any other request, concerns or questions.
R/

John F Sutton III, M.Ed.
Coordinator of Policy and
Intergovernmental Affairs
Virginia Beach City Public Schools
757- 263-1269

Put Students First. Seek Growth. Be Open to Change. Do Great Work Together. Value Differences.

Files

There are no files associated with this request.