Mead School District – Request for a complete electronic copy of all Public Records Requests received by the District including District Responses for the years 2010

20 Communications
204 Files

Communications

From: PRA Audit

11/04/2021

Subject: Washington Public Records Act Request: Mead School District – Request for a complete electronic copy of all Public Records Requests received by the District including District Responses for the years 2010 - 2021

To Whom It May Concern:

Pursuant to the Washington Public Records Act [RCW 42.56] I hereby request the following records:

I request a complete electronic copy of all Public Records Requests received by Mead School District and a complete electronic copy of the District's Responses to these Public Records Requests for the time period January 1, 2010 through November 4, 2021.

In the event the District chooses to provide these records in installments over time I request the records to be produced in reverse chronological order - from the most recent records to the earliest.

If this request is denied in whole or part, I ask that you justify all deletions by reference to specific exemptions of the PRA. I also request a detailed contemporaneous log to be provided for any document withheld or redacted.

For each responsive record the District contends is exempt from public disclosure, in whole or in part, please specifically identify the record by subject, title, author, custodian and date, and state how a specific statutory exemption applies to each record as required by RCW 42.56.210(3) and Rental Housing Ass'n v. Des Moines, 165 Wn.2d 525, 199 P.3d 393 (2009).

I request electronic production of all electronic records in the original NATIVE electronic format for each record.

I request for these public records to be produced by public (no password) e-mail attachment or link. If electronic attachment or link is not possible, an alternative would be to produce responsive records via USB DRIVE or DATA CD-ROM.

THIS REQUEST IS NOT BEING MADE FOR COMMERCIAL PURPOSES.

The requested documents will be made available to the general public.

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.

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,

PRA Audit

From: Mead School District

11/16/2021

Subject: Re: Washington Public Records Act Request: Mead School District – Request for a complete electronic copy of all Public Records Requests received by the District including District Responses for the years 2010 - 2021

Dear Records Requestor:

The Mead School District received your public records request on November
9, 2021. This serves as the District’s response within five (5) business
days, as required by law. You have requested:

*"I request a complete electronic copy of all Public Records Requests
received by Mead School District and a complete electronic copy of the
District's Responses to these Public Records Requests for the time period
January 1, 2010 through November 4, 2021."*

Your records request seems clear in one respect, as to the records you wish
to have copied and provided to you by the initial segment of your request.
But, the second segment of your request is not clear to us. So, we are in
need of clarification from you as to that segment.

First, it is clear by the first segment of your request that you wish to
receive a copy of every public records request that has been submitted to
our School District, going back historically for more than a decade, to
January 1, 2010.

It will be a daunting and time-consuming task to locate all of those
records for duplication and production to you. Some of those requests
would have been received by us in electronic format only, e.g., such as via
email. Those would not have been forwarded to any central electronic file
location, nor printed to a paper copy and placed in any particular physical
file location. As well, requests of that sort would not necessarily have
been received by the person designated as our public records officer at the
time the request was received. Rather, any given request could conceivably
been received by any other given employee in our District.

For additional reasons, designing a search methodology calculated to locate
all such emailed requests would be very difficult, if not impossible. That
is because we cannot be required to read every single email received by
every employee in our School District over the last ten-plus years, to
locate for you those had content qualifying them as public records
request. That likely means the next alternative search methodology would
be to employ electronic “keyword” searches, of our “inbound” email
databases over the last ten years. But those sorts of searches could well
be unreliable, to in-fact yield all such requests, as it would be the case
that some, if not many, records requestors did not cite our public
disclosure law in making their requests, nor even use any particular words
or phrasing – such as “public record” – when submitting their requests. In
fact, our state’s public disclosure law provides that in order for a public
agency like our District to be compelled to process a records request under
that statute, the records requestor need only not submit it to a particular
employee of ours, but s/he need not provide a citation to that public
disclosure law nor reference it by name or in any other manner, nor use any
particular language in submitting the request.

So, to create a list of “keyword” search terms that would likely yield
every single records request that our District has received, via email over
the last ten-plus years, could indeed be a practical impossibility.
However, when faced with such a situation, our public disclosure laws
suggest we dialogue with a requestor in your position, toward a cooperative
collaboration aimed at generating a mutually agreed-upon list of keyword
search terms that can be used to fulfill the request.

So, toward that end, I’d like to initiate that dialogue. Would you please
give me a call, to discuss that point?

Aside from those difficulties with locating all electronic public records
requests we’ve received over the last ten-plus years, we of course have
received such requests in the form of physical (i.e., paper). These
largely would exist only in files contained in boxes in our School
District’s archives. To search those files will take an immense amount of
staff time.

In any case, because of the number and variety of locations of records
requests in need of being located, copied, and produced to you in response
to the first segment of your request, we plan to fulfill it in a series of
partial-batch-installments. We are now estimating that you should expect
to receive the first installment within 90 days of this email
(approximately February 14, 2021).

Also, before we provide you that first installment, we likely will need an
advance pre-payment from you of the cost-of-production charges that are
allowable under our state’s public disclosure law. I will advise you if
that will be necessary, and of the required amount, within that same 90-day
period.

Second, as I said above, we are uncertain of the scope of records you wish
us to locate for you, by your language stating you wish to receive: “a
complete electronic copy of the District’s Responses” to each of the public
records requests we’ll be providing you. By “Responses,” that could be
fairly interpreted in many different ways, as to the scope of records you
do or do not wish to receive. For instance, it could mean you wish only to
receive copies of the actual; records that School District gathered,
copied, and provided to each given requestor, in “Response” to his or her
request (i.e., because those records had content falling within the
descriptive scope of the request). On the other hand, we frequently
“Respond” to requestors by directing letters or email communications to
them that contain no actual “Responsive” records, but instead communicate
with the requestor about any number of points of information or inquiry
that arise in the course of processing records requests (in fact, this
email is a precise example of that sort of “Response”.)

So, we’re in need of receiving clarification from you, by way of a
reasonably specific description, as to the scope of records that you do
wish to receive by that second segment of your request.

Per the above, I will now look forward to the dialogue I’ve initiated with
you concerning collaboratively working together toward a mutually-agreeable
list of “keyword” searches that we can utilize to locate the emailed public
records requests you’ve requested, and also to receiving the clarification
I also requested above.

Sincerely,
Jill
*Jill Therrien*
*HR Leaves Specialist *
*Mead School District*
*2323 E Farwell Rd.*
*Mead, WA 99021*
*(509) 465-6049 (p)*
*(509) 465-7680 (f)*

The information in this email is confidential, privileged, and/or otherwise
protected from disclosure. This email and any attachments is intended
exclusively for the sole use of the intended recipient(s) . If you are the
intended recipient(s), you do not have permission to forward this email
without the express permission of the sender. If the reader of this email
is not the intended recipient(s), you are notified that any review, use,
dissemination, distribution or copying of this information is unauthorized
and strictly prohibited. If you are not the intended recipient(s), please
contact the sender immediately at the sender's email address above and
delete all copies.

From: PRA Audit

11/18/2021

Subject: RE: Washington Public Records Act Request: Mead School District – Request for a complete electronic copy of all Public Records Requests received by the District including District Responses for the years 2010 - 2021

Hello Ms. Therrien,

We received your email of 11-16-21 a copy of which is below.

Your email contained 1056 words beginning with “Dear Records Requestor” excluding the email address headers and disclaimer footer.

On 11-15-21 we received an email from Ms. Eliza Cornelison, Paralegal – Human Resources, Evergreen Public Schools District, PO BOX 8910, Vancouver, WA 98668 in response to a separate public records request directed to Evergreen Public Schools District.

Ms. Cornelison ‘s email contained 999 words beginning with “Dear Records Requestor” excluding the email address headers.

Ms. Therrien, your email and Ms. Cornelison ‘s email contained word for word, letter for letter, identical paragraphs consisting of 949 identical words in the exact same order.

Before we provide a response to “your” emailed letter of 11-16-21, Ms. Therrien, please provide a good faith explanation as to why Mead School District’s 11-16-21 communication is virtually identical to Evergreen Public Schools District ‘s 11-15-21 email.

Thank you.

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From: Mead School District

12/03/2021

Dear Requestor:

Thank you for your inquiry about the initial response you received from me
to your records request to our School District, and the one you received
from the counterpart representative of mine at the Evergreen School
District. While we are extremely busy with other matters and our School
District has no obligation to dedicate the time or effort necessary to
answer your inquiry, we’re more than happy to do so on this occasion.
That’s because it is essential, for successful fulfillment of your request,
to foster the sort of mutually collaborative dialogue with you that I
offered and requested of you in the very same initial response email about
which you are inquiring. In fact, that sort of affirmative collaborative
communication is exactly what the regulations under the Washington Public
Records Act (“PRA”) call for, reciprocally from a requestor such as
yourself and our District, when questions exist – as they do here, with
your request – about just what particular records do and do not need to be
located for production, and when – also as here – difficulties are
presented by the request as to how to best go about searching to locate all
responsive records that happen to exist in electronic form.

So, please accept the following explanation as to why you received like
initial responses from our School District and the Evergreen School
District and why the same may well be occurring by this email in response
to the inquiry you’ve now made – and why that, of course, was and is not at
all a matter of coincidence.

It is not infrequent that our School District receives a PRA records
request that, by its unique nature, volume, and/or ambiguity, prompts us to
double-check on the steps we ought to take to make sure we entirely fulfill
all of the obligations we owe the requestor under the PRA. And in the
course of that, it is not at all uncommon that we find it appropriate to
consult for assistance/advice with PRA resources outside of our office, for
additional expertise that might supplement our District’s own “in-house”
PRA-processing experience and abilities.

When it comes to requests like yours, we and many other school districts
believe that outside consultation is in fact a “best practice.” Doing so
not only operates to the benefit of the school district that is in need of
processing the request, but just as much to the benefit of the records
requestor. In short, that sort of outside-resource consultation enhances
assurances that the requestor will indeed receive an appropriately-timely
and -thorough production of a copy of every reasonably-locatable,
non-exempt public record that s/he/it seeks, as the end-product of the
district’s execution of search and production steps that were, from the
very outset, very concertedly designed to assure that the requestor indeed
receives full performance of all obligations owed her/him/it under public
disclosure requirements.

As I said, many other school districts in our state engage in that same
best practice, by seeking supplemental PRA assistance from resources
outside their own records-processing staff, to assure they properly process
and fulfill a request like yours. And sometimes, some of them by
happenstance coincidentally consult with to the same, common outside
resource for that assistance.

So, when two or more school districts have received the same, identical
request, and they happen to have consulted with the same external PRA
resource to help assure they give a proper initial response to the request,
it is not a surprise if they happen to “land on the same spot” in
communicating their initial responses to the same request/requestor.

That’s what happened here. Since the verbiage, substance, and detail of
your requests to both our School District and the Evergreen School District
were and are precisely identical, we and that District were prompted by a
need to address with you the exact same records-collection, technology,
time frame, dialogue/clarification, etc., issues with you, via our
respective initial responses; and by happenstance, we consulted with the
same outside source for assistance with our respective initial responses,
toward the aim of best fulfilling your request to your ultimate
satisfaction.

For that same reason, as I stated above, it would not be surprising and
indeed quite that you may well receive this same explanation, virtually
identically, to the exact same inquiry you’ve now directed to both of our
districts.

Still, having provided the foregoing, we want to acknowledge and assure you
that we in no way plan to provide you any sort of a “cookie cutter”
approach to the continuing processing and fulfillment of your request.
That could not properly occur under the obligations we owe you under the
PRA. We fully understand that when a records request we’ve received has
also been identically submitted to another (or more than one other) school
district, at some point – usually fairly early on – that request must and
will be handled differently and uniquely by us, as compared to the
different sort of handling that (or those) other district(s) must and will
need to dedicate to their proper processing of that same request.

That’s so for virtually innumerable reasons. Some of those, just by way of
examples, would be that we are most certainly differently-situated as
compared to the Evergreen School District to the particular internal
processes we have adopted for processing records requests, once we are
assured we know the specific parameters of the scope of records implicated
by the request; we doubtless have differing particularities in the
protocols we have followed in our paper and electronic records-filing and
-archiving systems, relative to how and where records responsive to the
request in likely to be located in our District; comparatively greater or
lesser staffing levels will exist, as between that District and ours, in
terms of the volume and “quality” of human resources we and they have to
dedicate to the processing of your request, particularly in terms of
experience or expertise levels amongst records-processing staff members as
to unique issues raised by the request; differences in availability of that
staff to dedicate themselves to working on the request in light of other
high-priority duties of theirs that may be more directly necessary to our
respective Districts’ abilities to fulfill our missions of educating and
protecting the well-being of the children entrusted to us; the numbers of
employees outside of our records-processing staffs (e.g.,
administrators/teachers/others employed in our schools who will need to
dedicate time to assisting in the records-gathering process for the
request, and their ability to perform that work while still performing
their duties; different levels of experience, technologies, and staff
availability in our respective IT departments who likely will need to work
on the request; etc., etc., etc.

For the reasons I’ve stated, the appropriate “sameness” of our School
District’s processing of your request, as between ourselves and the
Evergreen School District (or for that matter, as compared to any other
school district that has received your request) likely will end very
shortly – indeed we’d expect, upon the occurrence of the requested,
collaborative dialogue with you on the points that were identified in my
initial response to you. So I do look very much look forward to hearing
from you so that we can address those points, and we can proceed with the
benefit of that planned, good discussion in the best possible posture
toward fulfilling your request in a timely and thorough manner that best
meets your records and informational needs.

Sincerely,

Jill
*Jill Therrien*
*HR Leaves Specialist *
*Mead School District*
*2323 E Farwell Rd.*
*Mead, WA 99021*
*(509) 465-6049 (p)*
*(509) 465-7680 (f)*

From: PRA Audit

12/06/2021

Hello Ms. Therrien,

Thank you for your response.

I disagree with many of your statements in regards to the District’s legal obligations for compliance with the Washington State Public Records Act. Further, I do not believe your explanation regarding the “sameness” of the obviously plagiarized EVERGREEN 11-16-21 email to be offed in good faith.

Please note RCW 42.56.030:

‘The people of this state do not yield their sovereignty to the agencies that serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may maintain control over the instruments that they have created. This chapter shall be liberally construed and its exemptions narrowly construed to promote this public policy and to assure that the public interest will be fully protected. In the event of conflict between the provisions of this chapter and any other act, the provisions of this chapter shall govern.’

Regardless, the following are responses to your request for “clarification” dated 11-16-2021:

1. Please address any questions you may have regarding this public records request (PRR) in writing via email.

2. You stated the District was “uncertain” as to the scope of records requested and you then requested a “reasonably specific description” as to the scope of records requested.

I begin my response below by incorporating the text of the original public records request dated 11-4-2021:

“I request a complete electronic copy of all Public Records Requests received by Mead School District and a complete electronic copy of the District's Responses to these Public Records Requests for the time period January 1, 2010 through November 4, 2021.”

To further clarify this request:

I request an electronic copy of all original PRA requests. If the original PRA request was made via email, I request the NATIVE electronic format to be produced. If the original request was made via US mail or limited to written paper form only, I request an electronic .pdf copy of the original request.

I request an electronic copy of all communications between the District and the PRA requestor regarding the processing and any other aspect of production for the PRR. All communications, requests for clarification and replies are responses by the District and were previously requested in my original request. If the communications between the District and the requestor were via email I request the NATIVE electronic email format to be produced. If the communications between the District and the original requestor were limited to written paper form I request a .pdf copy of any communications.

I request an electronic copy of all “records and writings” as defined by RCW 42.56 previously produced by the District in response to the original PRA request. If the District produced electronic files in response to a PRA request, I request a duplicate copy of the files produced. If the District produced paper copies in response to a PRA request, I request a .pdf copy of those paper copies to be produced.

3. As for keyword searches and the District’s expressed difficulty in locating electronic and paper public records requests over the years, unfortunately I cannot offer guidance other than to suggest the District immediately seek and retain additional expertise that might supplement District’s own “in-house” PRA-processing experience and abilities. This PRR is not for keywords but rather for public records previously produced by the District.

Please reference WAC 44-14-04003 (10) Searching for records.

“An agency must conduct an objectively reasonable search for responsive records. The adequacy of a search is judged by the standard of reasonableness. A requestor is not required to "ferret out" records on his or her own. A reasonable agency search usually begins with the public records officer for the agency or a records coordinator for a department of the agency deciding where the records are likely to be and who is likely to know where they are. One of the most important parts of an adequate search is to decide how wide the search will be. If the agency is small, it might be appropriate to initially ask all agency employees and officials if they have responsive records. If the agency is larger, the agency may choose to initially ask only the staff of the department or departments of an agency most likely to have the records. For example, a request for records showing or discussing payments on a public works project might initially be directed to all staff in the finance and public works departments if those departments are deemed most likely to have the responsive documents, even though other departments may have copies or alternative versions of the same documents. Meanwhile, other departments that may have documents should be instructed to preserve their records in case they are later deemed to be necessary to respond to the request. The agency could notify the requestor which departments are being surveyed for the documents so the requestor may suggest other departments.

If agency employees or officials are using home computers, personal devices, or personal accounts to conduct agency business, those devices and accounts also need to be searched by the employees or officials who are using them when those devices and accounts may have responsive records. If an agency's contractors performing agency work have responsive public records of an agency as a consequence of the agency's contract, they should also be notified of the records request. It is better to be over inclusive rather than under inclusive when deciding which staff or others should be contacted, but not everyone in an agency needs to be asked if there is no reason to believe he or she has responsive records. An email to staff or agency officials selected as most likely to have responsive records is usually sufficient. Such an email also allows an agency to document whom it asked for records. Documentation of searches is recommended. The courts can consider the reasonableness of an agency's search when considering assessing penalties for an agency's failure to produce records.”

Thank you.

From: Mead School District

02/14/2022

Dear Records Requestor:

As previously acknowledged the Mead School District received your public
records request on November 9, 2021. You have requested:

Attached please find a 1st installment to your request. We would like to
note a couple of items with this first installment. First, it is smaller
than we had anticipated being able to provide, as we ran into significant
technical issues with collecting the records in the Native format as you
requested. Secondly, we did have to make some additional redactions to one
of the requests we are providing, as the requestor has changed and certain
FERPA exemptions now apply to the records. In order for us to be able to
make the applicable redactions we have had to provide those records in PDF
form (with the metadata included). We have also provided a withholding log
that reflects those redactions.

Therefore, pursuant to RCW 42.56.520, I am hereby notifying you that the
Mead School District estimates we will be able to respond more fully to
your request on or before March 30, 2022.

Please be advised of the District's recently updated Policy on providing
records, waiver of costs, and agreements regarding costs. The District will
take reasonable steps to provide the records in the most efficient manner
available to the District in its normal operations, which will typically be
in electronic format. The following is the District's fee structure for
electronic records:

1. Ten cents per page for public records scanned into an electronic format
or for the use of District equipment to scan the records.

2. Five cents per each four electronic files or attachments uploaded to
email, cloud-based data storage service, or other means of electronic
delivery.

3. Ten cents per gigabyte for the transmission of public records in an
electronic format or for the use of District equipment to send the records
electronically.

4. The actual cost of any digital storage media or device provided by the
District, the actual cost of any container or envelope used to mail the
copies to the requestor, and the actual postage or delivery charge.

The charge for the included installment is so de minimis that it has been
waived at this time. The possible charge for the remaining records,
however, likely will not be so de minimis that we could waive charges. So,
please be prepared that we likely will be asking that you pre-pay before
we'll be able to provide you with future installments.

The Public Records Officer or designee may require a deposit of up to ten
percent of the estimated costs of copying all the records selected by the
requestor, including the cost of a customized service charge according to
the provision. If the requestor fails to pay a deposit or final payment for
the requested copies, the Public Records Officer will close the request and
indicate to the requestor that the District has closed the request.

If requested, the District will provide a summary of the applicable charges
before charges are imposed under this procedure. The requestor will be
allowed to revise the request in order to reduce the applicable charges.

The following links provide more detailed information regarding the
District's Public Records Policy
<https://www.mead354.org/ourpages/Board-Policies//Series%204000%20-%20Community%20Relations/4040_Policy_-_Public_Access_to_District_Records.pdf>
and Procedure
<https://www.mead354.org/ourpages/Board-Policies//Series%204000%20-%20Community%20Relations/4040_Procedure_-_Public_Access_to_District_Records.pdf>
.

Please let me know if you have any questions or concerns.

Sincerely,
Jill
*Jill Therrien*
*HR Leaves Specialist *
*Mead School District*
*2323 E Farwell Rd.*
*Mead, WA 99021*
*(509) 465-6049 (p)*
*(509) 465-7680 (f)*

1st Installment (2.14.2022)
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From: Mead School District

04/01/2022

Dear Records Requestor:

As previously acknowledged the Mead School District received your public
records request on November 9, 2021. You have requested:

Attached please find the 2nd installment to your request. We would like to
note a couple of items in sending this installment. We did have to make
some additional redactions to one of the requests we are providing, as the
requestor has changed and certain exemptions now apply to the records.
Those items redacted in Blue fall under RCW 42.56.250(4) for employee
residential addresses and personal emails and those items in Pink fall
under RCW 42.56.230(1) for Student personal information.In order for us to
be able to make the applicable redactions we have had to provide those
records in PDF form (with the metadata included).

Additionally, requests for educational records containing information
directly related to specific students under the Family Educational Rights
and Privacy Act ("FERPA") that were inadvertently made through the
District's Public Records Request process have been designated as Not
Responsive to your request. Please let me know if this is not an accurate
understanding of the records you are requesting.

Pursuant to RCW 42.56.520, I am hereby notifying you that the Mead School
District estimates we will be able to provide an additional installment to
your request on or before May 25, 2022.
2nd Installment (3.30.2022).zip
<https://drive.google.com/file/d/1rSUsQ1wtKnsIJr-9-S_0_v56jWMfIjJF/view?usp=drive_web>

Regards,

Keri Hutchins,
Director of Human Resources
Mead School District #354
(509) 465-6039
Fax(509)465-7680

*The information in this email is confidential, privileged, and/or
otherwise protected from disclosure. This email and any attachments are
intended exclusively for the sole use of the intended recipient(s). If you
are the intended recipient(s), you do not have permission to forward this
email without the express permission of the sender. If the reader of this
email is not the intended recipient(s), you are notified that any review,
use, dissemination, distribution or copying of this information is
unauthorized and strictly prohibited. If you are not the intended
recipient(s), please contact the sender immediately at the sender's email
address above and delete all copies.*

2nd_Installment_3.30.2022
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From: Mead School District

05/23/2022

Dear Records Requestor:
As previously acknowledged the Mead School District received your public
records request on November 9, 2021. You have requested:

Attached please find the 3rd installment to your request. We would like to
note a couple of items in sending this installment. Our previous records
request officer has left the district and we are in the process of
redistributing the PRR workload. As we are working to provide you with
responsive records as quickly as possible, we will be sending you those
that require no additional redactions. This may result in some responsive
records being provided sooner than those received at a later date. We will
continue to work through all Responsive Records as quickly as we can.

As previously shared, requests for educational records containing
information directly related to specific students under the Family
Educational Rights and Privacy Act ("FERPA") that were inadvertently made
through the District's Public Records Request process have been designated
as Not Responsive to your request. Please let me know if this is not an
accurate understanding of the records you are requesting.

Pursuant to RCW 42.56.520, I am hereby notifying you that the Mead School
District estimates we will be able to provide an additional installment to
your request on or before July 1, 2022.
Regards,

Keri Hutchins,
Director of Human Resources
Mead School District #354
(509) 465-6039
Fax(509)465-7680

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From: Mead School District

06/21/2022

Dear Records Requestor,

As previously acknowledged the Mead School District received your public
records request on November 9, 2021. You have requested:

*"**I request a complete electronic copy of all Public Records Requests
received by Mead School District and a complete electronic copy of the
District's Responses to these Public Records Requests for the time period
January 1, 2010 through November 4, 2021."*

Attached please find the 4th installment to your request. As we are
working to provide you with responsive records as quickly as possible, we
will be sending you those that require no additional redactions. This may
result in some responsive records being provided sooner than those received
at a later date. We will continue to work through all Responsive Records
as quickly as we can.

Pursuant to RCW 42.56.520, I am hereby notifying you that the Mead School
District estimates we will be able to provide an additional installment to
your request on or before August 5, 2022.
Regards,

Keri Hutchins,
Director of Human Resources
Mead School District #354
(509) 465-6039
Fax(509)465-7680

Installment.zip
<https://drive.google.com/file/d/1upf7zhuJhDXiZ-6-tz_dN-bQQsHgj2K_/view?usp=drive_web>

Installment
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From: Mead School District

08/04/2022

Subject: PRR Extension Notification

This letter is to update you on your public records request dated *11/9/21*,
for the following documents:

*Request a complete electronic copy of all Public Records requests received
by Mead School District and a complete electronic copy of the Districts'
responses to these Public Records requests for the time period of January
1, 2010 through November 21, 2021. Records to be produced in reverse
chronological order - from the most recent records to the earliest. If
request is denied in whole or part, provide detailed comtemporaneous log
for any document withheld or redacted. For each record the District
contends is exempt from public disclosure in whole or part, specifically
identify the record by subject, title, author, custodian and date, and
state how specific statutory exemption applies to each record required by
RCW. 42.56.210(3) and Rental Housing ass'n v. Desmoines, 165 Wn.2d 525, 199
P. 3d 393 (2009). Electronic producation of records be in original NATIVE
format. Request for public records to be produced by public (no password)
email attachment or link. If not possible, produce records via USB drive or
data CD-ROM. This request is not being made for commerical purposes.
Requested documents will be made available to the general public. *

Please accept our apologies we need to extend the production date for
records responsive to your request from 08/05/2022 to 11/4/2022. When this
occurs, we try to provide information to help you understand what makes the
extension necessary. At this time, this extension is necessary due to the
complexity of your request and the unexpected staffing shortage within the
department responsible for processing Public Records Requests*. *If this
time assessment requires an additional adjustment, we will let you know. If
the records are available prior to that time, we will also let you know.

Please contact me through email at keri.hutchins@mead354.org if you have
any questions. Thank you for allowing us to assist you.
Regards,

Keri Hutchins,

Director of Human Resources

Mead School District #354

(509) 465-6000

Fax(509)465-7680

From: Mead School District

11/04/2022

Dear Records Requestor,

As previously acknowledged the Mead School District received your public
records request on November 9, 2021. You have requested:

Attached please find the 5th installment to your request. As we are
working to provide you with responsive records as quickly as possible, we
will continue to send you those that require no additional redactions as we
locate them. This may result in some responsive records being provided
sooner than those received at a later date. We will continue to work
through all Responsive Records as quickly as we can.

Pursuant to RCW 42.56.520, I am hereby notifying you that the Mead School
District estimates we will be able to provide an additional installment to
your request on or before January 27, 2022.
11-4-2022 Installment.zip
<https://drive.google.com/file/d/1WyzNvFAxr_u8DzGUDQdAIPD-yHH3SMYm/view?usp=drive_web>
Regards,

Keri Hutchins,
Director of Human Resources
Mead School District #354
(509) 465-6039
Fax(509)465-7680

11-4-2022_Installment
- Download

From: Mead School District

11/04/2022

Dear Records Requestor,

Please note, there was an error on the next anticipated installment date.
We anticipate the next installment on or before January 27, 2023, not
2022. I apologize for the error.
Regards,

Keri Hutchins,
Director of Human Resources
Mead School District #354
(509) 465-6039
Fax(509)465-7680

From: Mead School District

01/27/2023

Subject: Public Records Request Dated November 9, 2021

It looks like this agency uploaded responsive documents to a portal or link sharing site. Our team is working on moving them over, so please check back soon.

Muckrock,

As previously acknowledged the Mead School District received your public
records request on November 9, 2021. You have requested:

Attached please find the *6th* installment to your request. As we are
working to provide you with responsive records as quickly as possible, we
will continue to send you those that require no additional redactions as we
locate them. This may result in some responsive records being provided
sooner than those received at a later date. We will continue to work
through all Responsive Records as quickly as we can.

Pursuant to RCW 42.56.520, I am hereby notifying you that the Mead School
District estimates we will be able to provide an additional installment to
your request on or before *May 5, 2023*.

Thank you,
*Monique Palm*
Public Records Specialist
Mead School District
www.mead354.org
(509) 465-6076
[image: Mead School district logo]
Withholding Index - Investigation File 1.pdf
<https://drive.google.com/file/d/1xxoH6AJtPkM6AgaL1k36qKdLx6Y0DutL/view?usp=drive_web>
Withholding Index - Personnel File MH-1.pdf
<https://drive.google.com/file/d/1RvIpRup8q6aQa67Ew0mu2oeIn_EGsKJ5/view?usp=drive_web>
Withholding Index - Personnel File MH-2.pdf
<https://drive.google.com/file/d/1hG5hofvSXvH38aLU9N5apuRPErqHW4jp/view?usp=drive_web>
FINAL-5-1-19 Req-Resp to #2-Emails.pdf
<https://drive.google.com/file/d/1XifQz7KZ1nBLPSKu7oT3VqntosuJ8Sj2/view?usp=drive_web>

Google Vault - Re_Request for Personnel and Emp...
<https://drive.google.com/file/d/1m5iCfDY5qY1NAZkuaYWIAH2eSjc1cBUg/view?usp=drive_web>
Isolation and Restraint August 2016 to Feb 14 2...
<https://drive.google.com/file/d/1nrfXDIsEi5X4SXiHeM30C5jx5kL7LnIq/view?usp=drive_web>
Investigation File 1-Pope- Revised Redactions.pdf
<https://drive.google.com/file/d/14Ug5YkVttdtvip8CL66F3lJFXG_kMWvu/view?usp=drive_web>
Investigation File 2-Pope-Revised Redactions.pdf
<https://drive.google.com/file/d/1RVAG6JeRzyydfktFE1lCKk4COWBqxnS-/view?usp=drive_web>
Personnel FIle MH - 1-Pope-Revised Redactions.pdf
<https://drive.google.com/file/d/1gx8xeufJ_fplCWWTxFw-EFxzbiY6YgF2/view?usp=drive_web>
Personnel file MH -2-Pope-Revised Redactions.pdf
<https://drive.google.com/file/d/1ZdK2vuTVHbU5Q-fg7m-Pm49jsJX3bRYf/view?usp=drive_web>

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From: Mead School District

03/20/2023

Subject: Public Records Request Payment

Muckrock,

This email is in regards to the public records requests you submitted to
the Mead School District (District) on 11/09/2021:

*Request a complete electronic copy of all Public Records requests received
by Mead School District and a complete electronic copy of the Districts'
responses to these Public Records requests for the time period of January
1, 2010 through November 21, 2021. Records to be produced in reverse
chronological order - from the most recent records to the earliest. If
request is denied in whole or part, provide detailed contemporaneous log
for any document withheld or redacted. For each record the District
contends is exempt from public disclosure in whole or part, specifically
identify the record by subject, title, author, custodian and date, and
state how specific statutory exemption applies to each record required by
RCW. 42.56.210(3) and Rental Housing ass'n v. Desmoines, 165 Wn.2d 525, 199
P. 3d 393 (2009). Electronic production of records be in original NATIVE
format. Request for public records to be produced by public (no password)
email attachment or link. If not possible, produce records via USB drive or
data CD-ROM. This request is not being made for commercial purposes.
Requested documents will be made available to the general public. *

We have the next installment to produce to you. This email outlines the
cost associated with producing those records and instructs you on payment
of those costs. Pursuant to RCW 42.56.120 and Mead School District
Procedure 4040, the District may impose a fee for providing copies of
public records. To date, we have gathered emails responsive to the portions
of your request listed above. The responsive records consist of 653 scanned
items. The District may charge $.10 per page for public records scanned
into electronic format, that comes to $65.30. This exceeds the amount
where the District would consider waiving the charge.

*You may make the $65.30 payment by mailing cash, check, or money order
made payable to “Mead School District,” addressed to me as follows:*

*Monique Palm*

*Mead School District*

*Attn: Public Records Fees*

*2323 E Farwell Rd*

*Mead, WA 99021*

Alternatively, you may make that payment in person at our District Office
at the same address on any non-holiday weekday. However, I suggest calling
ahead to make sure the office is open to receive your payment. The number
to call is (509) 465-6000. Once we receive payment, we will disclose the
records responsive to the portions of your request listed above. Please be
advised that we are required to allow you a thirty-day time frame to make
the pre-payment as outlined above, measured from the date of this email. A
failure to receive such payment from a requester within that time frame
permits us to consider their request abandoned and close it.

Should you have any questions or concerns about the foregoing or any other
aspect of the processing of your request as we work towards fulfilling it,
please do not hesitate to let me know.
Thank you,
*Monique Palm*
Public Records Specialist
Mead School District
www.mead354.org
(509) 465-6076
[image: Mead School district logo]

From: PRA Audit

03/20/2023

3-20-23

via email to monique.palm@mead354.org

Hello Ms. Palm,

I received your fee request.

"The responsive records consist of 653 scanned
items. The District may charge $.10 per page for public records scanned
into electronic format, that comes to $65.30. This exceeds the amount
where the District would consider waiving the charge."

I have a problem with this fee calculation. This Public Records request was made on 11-09-2021.

What publicly adopted fee schedule was in place for your agency on 11-09-21? What publicly adopted and publicly posted policy explanation did your agency have on 11-09-21 declaring the reason your agency does not calculate ACTUAL COSTS for public records fees?

I am willing to pay fees based on policy in place at the time of this public records request. As far as I can find, your agency had no policy whatsoever regarding fees on 11-09-21.

Please correct me if I am wrong.

Thank you.

From: Mead School District

03/21/2023

Muckrock,

Our School District Policy aligns with RCW 42.56.120
<http://app.leg.wa.gov/RCW/default.aspx?cite=42.56.120>, please see it
here: Charges for Copying per WA State Law
<https://apps.leg.wa.gov/rcw/default.aspx?cite=42.56.120>
All state agencies may charge a fee due to this state law.

*You may make the $65.30 payment by mailing cash, check, or money order
made payable to “Mead School District,” addressed to me as follows:*

*Monique Palm*

*Mead School District*

*Attn: Public Records Fees*

*2323 E Farwell Rd*

*Mead, WA 99021*

Please be advised that we are required to allow you a thirty-day time frame
to make the pre-payment as outlined above, measured from the date of this
email. A failure to receive such payment from a requester within that time
frame permits us to consider their request abandoned and close it.
Thanks,
*Monique Palm*
Public Records Specialist
Mead School District
www.mead354.org
(509) 465-6076
[image: Mead School district logo]

From: PRA Audit

03/22/2023

3-22-23

via email to monique.palm@mead354.org

Hello,

Unfortunately, you are wrong and your agency is wrong regarding your agency imposition of fees for public records requests.

You state:

"Our School District Policy aligns with RCW 42.56.120 <http://app.leg.wa.gov/RCW/default.aspx?cite=42.56.120>, please see it here: Charges for Copying per WA State Law <https://apps.leg.wa.gov/rcw/default.aspx?cite=42.56.120> All state agencies may charge a fee due to this state law."

All state agencies may charge a fee due to this state law? Actually no. At least not until your agency publicly follows the law.

In fact, your agency may only charge actual costs incurred for producing public records, and then only after adopting a statement of costs including the factors and manner used to determine the actual costs, and following all that only after providing public notice and public hearing.

"RCW 42.56.070 Documents and indexes to be made public—Statement of costs.(7)

Each agency may establish, maintain, and make available for public inspection and copying a statement of the actual costs that it charges for providing photocopies or electronically produced copies, of public records and a statement of the factors and manner used to determine the actual costs. Any statement of costs may be adopted by an agency only after providing notice and public hearing."

Furthermore, any statement of costs and/or any fee schedule adopted by your agency must of course be publicly published. RCW 42.56.120 (2)(a).

Your agency had no published fee schedule in place at the time of this public records request in November 2021.

Of course, your agency may not be required to calculate the actual costs it charges for providing public records if your agency has published rules or regulations declaring the reasons for doing so would be unduly burdensome. RCW 42.56.120 (2)(b).

However your agency public policy in place during November 2021 did not declare that calculating actual costs would be unduly burdensome. Your new agency policy dated January 24, 2022 also does not declare the reason for not calculating actual costs for public records fees.

Put simply, your agency cannot adopt a fee schedule of any kind without calculating actual costs. You can't make it up as you go along.

I would suggest your agency waive fees for all public records requests (including this one) until such time as you can do so legally.

Please provide a copy of all fee schedules and statements of costs for public records fees your agency had in place in November of 2021.

Thank you.

From: Mead School District

04/13/2023

Muckrock,

Thank you and we will waive fees for your request. We will be sending our
next installment to your organization on or before 5/5/2023.
Thanks,
*Monique Palm*
Public Records Specialist
Mead School District
www.mead354.org
(509) 465-6076
[image: Mead School district logo]

From: Mead School District

05/02/2023

Subject: Public Records Request Dated 11/09/2021

Muckrock,

In response to your public records request you submitted to the Mead School
District on 11/09/2021 seeking:

Request a complete electronic copy of all Public Records requests received
by Mead School District and a complete electronic copy of the Districts'
responses to these Public Records requests for the time period of January
1, 2010 through November 21, 2021. Records to be produced in reverse
chronological order - from the most recent records to the earliest. If
request is denied in whole or part, provide detailed contemporaneous log
for any document withheld or redacted. For each record the District
contends is exempt from public disclosure in whole or part, specifically
identify the record by subject, title, author, custodian and date, and
state how specific statutory exemption applies to each record required by
RCW. 42.56.210(3) and Rental Housing ass'n v. Desmoines, 165 Wn.2d 525, 199
P. 3d 393 (2009). Electronic production of records be in original NATIVE
format. Request for public records to be produced by public (no password)
email attachment or link. If not possible, produce records via USB drive or
data CD-ROM. This request is not being made for commercial purposes.
Requested documents will be made available to the general public.

Please find the attached records identified as responsive to your request.
Within these records, you will see certain information that has been
redacted according to state and/or federal law. When this is the case, we
are required to identify the reason for the redaction. Redaction RCW's
Reason(s):

BLUE BOX:

- Blue box redactions contain all or part of the following: “20 U.S.C. §
1232g; RCW 42.56.230 – If not redacted, this content would disclose
confidential educational or personal information about a Student in a
manner linkable to the student’s identity.”
- This content was redacted to prevent a person from reading the names
or personally identifiable information (PII) of student(s) of the District
where that name or PII would be linkable to protected educational or
personal information about the student that appears in these records.
- That content is protected from disclosure under the Public Records Act
by RCW 42.56.230(1); 20 USC § 1232g; 34 CFR Part 99; and RCW 42.56.070(1).

RED BOX:

- Red box redactions contain all or part of the following: “RCW
42.56.250/Protected Personal Information of a Current or Former
Public Employee (Personal Email Address/Personal Phone Number/Residential
Address/Social Security Number/Payroll Deductions)."
- This content was redacted to prevent a person from reading the
personal email address of a public employee.
- That content is protected from disclosure under the Public Records Act
by RCW 42.56.250(4).

BLACK BOX:

- Black box redactions contain all or part of the following: “RCW
42.56.250(2) – If Not Redacted, This Content Would Disclose the
Confidential Name of An Applicant for Public Employment, Or Other
Information That Would Reveal the Identity of the Applicant, the
Applicant’s Resume, or Other Material Submitted With Respect to Such an
Applicant.”
- This content was redacted to prevent a person from reading the name of
an applicant, other information that would reveal the identity of an
applicant for public employment, resumes, and other related materials
submitted with respect to an applicant.

- That content is protected from disclosure under the Public Records Act
by RCW 42.56.250(2).

LIGHT BLUE BOX:

- Light blue box redactions contain all or part of the following: “RCW
42.56.250(8) – If Not Redacted, This Content Would Disclose the
Confidential Month and Year of Birth of a Public Employee.”
- This content was redacted to prevent a person from reading the month
and year of birth of a public employee.
- That content is protected from disclosure under the Public Records Act
by RCW 42.56.250(8).

YELLOW BOX:

- Yellow box redactions contain all or part of the following: “RCW
42.56.230(5); RCW 9.35.005 - Credit Card Numbers, Debit Card Numbers,
Electronic Check Numbers, Card Expiration Dates, Social Security Numbers,
and Bank or Other Financial Information.”
- This content was redacted to prevent a person from reading…
- That content is protected from disclosure under the Public Records Act
by RCW 42.56.230(5); and RCW 9.35.005.

GREY BOX

- Grey box redactions contain all or part of the following: “RCW
42.56.230(3) – If Not Redacted, This Content Would Disclose
Routine Employee Performance Evaluations With No Discussion of Specific
Instances of Misconduct.” & “Names of Complainants, Other Accusers, or
Witnesses” were redacted to prevent a person from reading the names of
complainants, other accusers, and witnesses in investigative records
compiled by employing agencies in connection with possible unfair practice
under chapter 49.60 RCW or of a possible violation of other federal, state,
or local laws or an employing agency’s internal policies prohibiting
discrimination or harassment in employment. That content is protected from
disclosure under the Public Records Act by RCW 42.56.250(6)
- This content was redacted to prevent a person from reading the routine
performance evaluations of a public employee that contain no discussion of
specific instances of misconduct.
- That content is protected from disclosure under the Public Records Act
by RCW 42.56.230(3); and *Dawson v. Daly*, 120 Wn.2d 782, 845 P.2d 995
(1993).

With that being said, we have done everything we can to meet our obligation
to do all we reasonably can to provide you with the fullest assistance
possible in responding to your records request. Please note that by this
email and the accompanying production, the School District now considers
this records request closed.

Should you have any questions or concerns about the foregoing or about any
aspect of the District’s work to fulfill your request, please let me know.

ScannedPages_Redacted
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05/02/2023

M_Pittz--ralph.thayer@mead354.org-RbdtNP
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