Ellie Daneshnia - Highline Public Schools Executive Director of Capital Planning & Construction - EMAILS AND TEXT RECORDS 2019 - PRESENT
It is a clone of this request.
| Tracking # |
P000448-121922 |
| Submitted | Dec. 14, 2022 |
MuckRock users can file, duplicate, track, and share public records requests like this one. Learn more.
Communications
From: RCPEG
TO: HIGHLINE PUBLIC SCHOOLS DISTRICT
VIA EMAIL: publicrecordsrequest@highlineschools.org
RE: Ellie Daneshnia - Highline Public Schools Executive Director of Capital Planning & Construction - EMAILS AND TEXT RECORDS 2019 - PRESENT
I hereby request the following records Pursuant to the Washington Public Records Act:
Ellie Daneshnia - Highline Public Schools Executive Director of Capital Planning & Construction - EMAILS AND TEXT RECORDS 2019 - PRESENT
REQUEST FOR EMAIL AND TEXT RECORDS (IN REVERSE CHRONOLOGICAL FORMAT) FOR THE TIME PERIOD 2019 - PRESENT
I request all Email or Text messages of any kind addressed to, copied or "CC'd" to, including sent from Ms. Ellie Daneshnia, via personal or work-specific devices operated by or otherwise under the control of Ms. Ellie Daneshnia or any other Highline Public Schools Employee for the time period January 1, 2019 to present.
FORMAT OF PRODUCTION OF RECORDS
Please provide all email records as stored in their NATIVE .pst (personal storage table) format as stored on agency email servers to keep fees and costs to a minimum.
Please do not instead create new records by printing electronic files then scanning and printing the newly scanned prints.
If these email records cannot be produced in this NATIVE .pst format, explain in exact technical and procedural detail under the Washington State Public Records Act (RCW 42.56) WHY these electronic records cannot be produced as the electronic records are NATIVELY stored.
This request is for the PERSONAL STORAGE TABLE .PST (NOT .msg or .eml files). If your agency chooses to transform the .pst file to .pdf fees should be applied via a per MB formula as per RCW and bundled for the maximum possible cost savings.
If you must redact information from individual email messages you may do so by unpacking the .pst file, applying redactions, and then repacking the .pst file and then PRODUCE the .pst file as 1 single file for the purpose of applying fees.
RECORDS INSTALLMENTS
If production of these email and text records will be completed in multiple installments, please begin by producing responsive email records in REVERSE chronological order by date, producing the most recent messages and records first.
SEARCH FOR RESPONSIVE RECORDS
Your agency’s search for responsive email records should involve a good-faith search of all public employee personal devices reasonably believed to contain requested responsive records regardless the type of device or account from which the communication was generated or where the device or data is stored (including personal devices such as personal cell phones, laptops, tablets, and/or computers etc. used from home to conduct public business during the COVID-19 Pandemic). Nissen v. Pierce County, 183 Wa.2d 863 (2015).
Also, please provide a reasonably detailed, nonconclusory affidavit attesting to the nature and extent of any search of any privately owned public employee computer, device, or account.
COMMUNICATIONS – DECLINE ALL USE OF GOVQA AND NEXTREQUEST 3rd PARTY PORTAL
Please provide records electronically via direct email attachment. Washington State Law is clear that the use of 3rd party “portals” for a public records request is optional for the requestor. Respectfully we decline.
Please do not direct 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 online service other than a direct NO PASSWORD REQUIRED, NO REGISTRATION REQUIRED, internet cloud-based download link, or electronic email, or via USPS MAIL a USB thumb drive or CD/DVD-ROM Media.
EXEMPTION LOGS
Please ensure any agency redactions or exemptions claimed 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 as well as the specific number of pages if any that your agency redacts or withholds in their entirety.
FEES
In the event that there are fees, please inform me of the total charges in advance of fulfilling my request in strict compliance with all provisions of the Washington State Public Records Act.
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.
ELECTRONIC PRODUCTION OF RECORDS
Please provide all responsive records via direct email or no registration-no password internet based cloud link via email.
Thank you.
From: Highline Public Schools District
Dear 137891:
Thank you for your interest in public records of Highline Public Schools. Your request has been received and is being processed in accordance with the State of Washington Public Records Act, Chapter 42.56 RCW. Your request was received in this office on 12/19/2022 and given the reference number P000448-121922 for tracking purposes. NOTE: The day the request is received does not count as one of the five (5) days. Weekends and holidays observed by the agency are also excluded in the calculation. If your request has been submitted on the weekend, or on a holiday, the date received is the next business day. Records Requested: December 14, 2022
TO: HIGHLINE PUBLIC SCHOOLS DISTRICT
VIA EMAIL: publicrecordsrequest@highlineschools.org
RE: Ellie Daneshnia - Highline Public Schools Executive Director of Capital Planning & Construction - EMAILS AND TEXT RECORDS 2019 - PRESENT
I hereby request the following records Pursuant to the Washington Public Records Act:
Ellie Daneshnia - Highline Public Schools Executive Director of Capital Planning & Construction - EMAILS AND TEXT RECORDS 2019 - PRESENT
REQUEST FOR EMAIL AND TEXT RECORDS (IN REVERSE CHRONOLOGICAL FORMAT) FOR THE TIME PERIOD 2019 - PRESENT
I request all Email or Text messages of any kind addressed to, copied or "CC'd" to, including sent from Ms. Ellie Daneshnia, via personal or work-specific devices operated by or otherwise under the control of Ms. Ellie Daneshnia or any other Highline Public Schools Employee for the time period January 1, 2019 to present.
FORMAT OF PRODUCTION OF RECORDS
Please provide all email records as stored in their NATIVE .pst (personal storage table) format as stored on agency email servers to keep fees and costs to a minimum.
Please do not instead create new records by printing electronic files then scanning and printing the newly scanned prints.
If these email records cannot be produced in this NATIVE .pst format, explain in exact technical and procedural detail under the Washington State Public Records Act (RCW 42.56) WHY these electronic records cannot be produced as the electronic records are NATIVELY stored.
This request is for the PERSONAL STORAGE TABLE .PST (NOT .msg or .eml files). If your agency chooses to transform the .pst file to .pdf fees should be applied via a per MB formula as per RCW and bundled for the maximum possible cost savings.
If you must redact information from individual email messages you may do so by unpacking the .pst file, applying redactions, and then repacking the .pst file and then PRODUCE the .pst file as 1 single file for the purpose of applying fees.
RECORDS INSTALLMENTS
If production of these email and text records will be completed in multiple installments, please begin by producing responsive email records in REVERSE chronological order by date, producing the most recent messages and records first.
SEARCH FOR RESPONSIVE RECORDS
Your agency’s search for responsive email records should involve a good-faith search of all public employee personal devices reasonably believed to contain requested responsive records regardless the type of device or account from which the communication was generated or where the device or data is stored (including personal devices such as personal cell phones, laptops, tablets, and/or computers etc. used from home to conduct public business during the COVID-19 Pandemic). Nissen v. Pierce County, 183 Wa.2d 863 (2015).
Also, please provide a reasonably detailed, nonconclusory affidavit attesting to the nature and extent of any search of any privately owned public employee computer, device, or account.
COMMUNICATIONS – DECLINE ALL USE OF GOVQA AND NEXTREQUEST 3rd PARTY PORTAL
Please provide records electronically via direct email attachment. Washington State Law is clear that the use of 3rd party “portals” for a public records request is optional for the requestor. Respectfully we decline.
Please do not direct 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 online service other than a direct NO PASSWORD REQUIRED, NO REGISTRATION REQUIRED, internet cloud-based download link, or electronic email, or via USPS MAIL a USB thumb drive or CD/DVD-ROM Media.
EXEMPTION LOGS
Please ensure any agency redactions or exemptions claimed 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 as well as the specific number of pages if any that your agency redacts or withholds in their entirety.
FEES
In the event that there are fees, please inform me of the total charges in advance of fulfilling my request in strict compliance with all provisions of the Washington State Public Records Act.
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.
ELECTRONIC PRODUCTION OF RECORDS
Please provide all responsive records via direct email or no registration-no password internet based cloud link via email.
Thank you.
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 137891
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.
Not all public documents are available in electronic format. If the document(s) requested are not available electronically, we will make them available for inspection or by paper copy in accordance with the Public Records Act, Chapter 42.56 RCW.
Your request will be forwarded to the relevant department(s) to locate the information you seek and to determine the volume and any costs associated with satisfying your request. You will be contacted about the availability and/or provided with copies of the records in question. PLEASE NOTE: The State of Washington Public Records Act, Chapter 42.56 RCW, does not require a governmental body to create new information, to do legal research, or to answer questions.
You can monitor the progress of your request at the link below and you'll receive an email when your request has been completed. Again, thank you for using the Records Center. Highline Public Schools
To monitor the progress or update this request please log into the Records Center (https://highlineschool.mycusthelp.com/WEBAPP/_rs/CustomerIssues.aspx)
From: Highline Public Schools District
--- Please respond above this line ---
RE: PUBLIC RECORDS REQUEST of December 19, 2022, Reference # P000448-121922 Five-Day Letter Dear 137891,
Highline Public Schools received a public records request from you on December 19, 2022. We are responding to your request dated December 14, 2022, that was sent to an email box in the District which is not used to receive or respond to publicrecords requests. The email box is not monitored for new requests or requesterresponses. When you emailed your request, you should have received an automaticreply directing you to this portal or US Mail. We noticed that you did notcreate a new request, therefore, we created one for you. Please discontinuesending requests and responses to any email boxes in the District. We have setup several ways to receive and respond to public records requests. For moreinformation, login into our website at: http://https//www.highlineschools.org/departments/records/public-records. All requests are processed though this portalaccording to our procedures. You indicated that you do not wish to correspondwith us through this portal due to the need to create a login and password. Wewould like to inform you that we have 2 ways of communicating with requesters,though this portal and through U.S, Mail at: Highline Public Schools 15675Ambaum Blvd. SW, Burien, WA 98166, Attn: Public Records Officer. We willprepare all correspondence through the portal according to our procedures. All correspondencethat we prepare will be automatically emailed to you. If you do not wish to loginto this portal to respond to us, please send all correspondence through USMail. This request will be expensive and time consuming tofulfill due to the large volume of records that you requested. All responsiverecords will be provided to you in installments, and you will be billed foreach installment as they are produced. You may be required to pay 10% of thetotal charge for the responsive records prior to the District releasing yourfirst installment. The District will provide an estimated cost to you only ifwill not delay processing this request. You requested the records to be produced in reverse chronological order. We are not able to guarantee that the emails will be produced in the order that you prefer and we will not delay our response to you in order to provide the records in reverse chronological order. The District will only be able toprovide the records to you to the extent that the records are in the District'spossession. Responsive documents will be producedin Adobe PDF Format and will be available to you through this portal. If you donot wish to receive the records through this portal, you may pay for therecords to be loaded onto a cd. You requested the following documents: "December 14, 2022
TO: HIGHLINE PUBLIC SCHOOLS DISTRICT
VIA EMAIL: publicrecordsrequest@highlineschools.org
RE: Ellie Daneshnia - Highline Public Schools Executive Director of Capital Planning & Construction - EMAILS AND TEXT RECORDS 2019 - PRESENT
I hereby request the following records Pursuant to the Washington Public Records Act:
Ellie Daneshnia - Highline Public Schools Executive Director of Capital Planning & Construction - EMAILS AND TEXT RECORDS 2019 - PRESENT
REQUEST FOR EMAIL AND TEXT RECORDS (IN REVERSE CHRONOLOGICAL FORMAT) FOR THE TIME PERIOD 2019 - PRESENT
I request all Email or Text messages of any kind addressed to, copied or "CC'd" to, including sent from Ms. Ellie Daneshnia, via personal or work-specific devices operated by or otherwise under the control of Ms. Ellie Daneshnia or any other Highline Public Schools Employee for the time period January 1, 2019 to present.
FORMAT OF PRODUCTION OF RECORDS
Please provide all email records as stored in their NATIVE .pst (personal storage table) format as stored on agency email servers to keep fees and costs to a minimum.
Please do not instead create new records by printing electronic files then scanning and printing the newly scanned prints.
If these email records cannot be produced in this NATIVE .pst format, explain in exact technical and procedural detail under the Washington State Public Records Act (RCW 42.56) WHY these electronic records cannot be produced as the electronic records are NATIVELY stored.
This request is for the PERSONAL STORAGE TABLE .PST (NOT .msg or .eml files). If your agency chooses to transform the .pst file to .pdf fees should be applied via a per MB formula as per RCW and bundled for the maximum possible cost savings.
If you must redact information from individual email messages you may do so by unpacking the .pst file, applying redactions, and then repacking the .pst file and then PRODUCE the .pst file as 1 single file for the purpose of applying fees.
RECORDS INSTALLMENTS
If production of these email and text records will be completed in multiple installments, please begin by producing responsive email records in REVERSE chronological order by date, producing the most recent messages and records first.
SEARCH FOR RESPONSIVE RECORDS
Your agency’s search for responsive email records should involve a good-faith search of all public employee personal devices reasonably believed to contain requested responsive records regardless the type of device or account from which the communication was generated or where the device or data is stored (including personal devices such as personal cell phones, laptops, tablets, and/or computers etc. used from home to conduct public business during the COVID-19 Pandemic). Nissen v. Pierce County, 183 Wa.2d 863 (2015).
Also, please provide a reasonably detailed, nonconclusory affidavit attesting to the nature and extent of any search of any privately owned public employee computer, device, or account.
COMMUNICATIONS – DECLINE ALL USE OF GOVQA AND NEXTREQUEST 3rd PARTY PORTAL
Please provide records electronically via direct email attachment. Washington State Law is clear that the use of 3rd party “portals” for a public records request is optional for the requestor. Respectfully we decline.
Please do not direct 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 online service other than a direct NO PASSWORD REQUIRED, NO REGISTRATION REQUIRED, internet cloud-based download link, or electronic email, or via USPS MAIL a USB thumb drive or CD/DVD-ROM Media.
EXEMPTION LOGS
Please ensure any agency redactions or exemptions claimed 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 as well as the specific number of pages if any that your agency redacts or withholds in their entirety.
FEES
In the event that there are fees, please inform me of the total charges in advance of fulfilling my request in strict compliance with all provisions of the Washington State Public Records Act.
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.
ELECTRONIC PRODUCTION OF RECORDS
Please provide all responsive records via direct email or no registration-no password internet based cloud link via email.
Thank you.
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 137891
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." To correspond with us, log into the Records Center, and reference your Public Records Request (Add Reference Number), or by US. Mail at Highline Public Schools, 15675 Ambaum Blvd. SW, Burien, WA 98166. Include your Reference Number in your correspondence. Discontinue utilizing email boxes that are not set up to receive responses from requesters, Again, we ask that you utilize either this portal or US Mail to communicate with us. We are not responsible for delayed, lost, or unanswered responses sent to email boxes throughout the District. (https://highlineschool.mycusthelp.com/WEBAPP/_rs/supporthome.aspx) Please review a copy of our fee schedul e which is located here https://www.highlineschools.org/departments/records/public-records. We will inform you in advance if charges will apply and you will be given an opportunity to consent to the charges in advance. (https://www.highlineschools.org/departments/records/public-records) We will notify you by March 30, 2023 to provide you with an estimated cost. The estimated time frame is based on the following factors: The volume and complexity of other public records requests currently pending with the District The volume and complexity of your request Third party notices will be required The fact that you requested records that may need to be redacted and redaction log created The fact that the district will be closed for an upcoming holiday Let us know if you have any questions. Sincerely, Michelle Terry Certified Public Records Officer
Policy & Strategy
To monitor the progress or update this request please log into the Records Center (https://highlineschool.mycusthelp.com/WEBAPP/_rs/RequestEdit.aspx?rid=448&coid=)
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Washington Public Records Act request, copied below, and originally submitted on Dec. 14, 2022. Please let me know when I can expect to receive a response. You had assigned it reference number #P000448-121922.
Thanks for your help, and let me know if further clarification is needed.
From: Highline Public Schools District
--- Please respond above this line ---
RE: PUBLIC RECORDS REQUEST of December 19, 2022., Reference # P000448-121922. Letter requesting consent to fees
Dear 137891,
We are writing to inform you that we located nearly 243,640 records. The cost to upload the records is $3,045.50. We will produce the records to you in installments over time. This request will take a considerable amount of time to complete. We would like you to consent to the charges. Also, we may bill you a minimum charge of 10 percent down before we begin to review the records and or anytime during the processing of this request.
Let us know you have any questions.
Sincerely,
Michelle Terry
Certified Public Records Officer
Policy & Strategy
To monitor the progress or update this request please log into the Records Center (https://highlineschool.mycusthelp.com/WEBAPP/_rs/RequestEdit.aspx?rid=448&coid=)
From: Highline Public Schools District
--- Please respond above this line ---
RE: PUBLIC RECORDS REQUEST of December 19, 2022., Reference # P000448-121922. Amended Letter Requesting Consent to Fees (Amended to add that this is a preliminary search) Dear 137891,
We are writing to inform you that we located nearly 243, 640 records. The cost to upload the records is $3, 045.50. This is a preliminary search with the expectation that the amount of records will increase as well as the fees. We will produce the records to you in installments over time. This request will take a considerable amount of time to complete. We would like you to consent to the charges. Also, we may bill you a minimum charge of 10 percent down before we begin to review the records and or anytime during the processing of this request.
Let us know you have any questions.
Sincerely,
Michelle Terry
Certified Public Records Officer
Policy & Strategy
To monitor the progress or update this request please log into the Records Center (https://highlineschool.mycusthelp.com/WEBAPP/_rs/RequestEdit.aspx?rid=448&coid=)
From: RCPEG
01-31-23
via email to: michelle.terry@highlineschools.org
Hello Ms. Terry,
You state "The cost to upload the records is $3, 045.50." Wow, that's a whole bunch of money. Gee, I will have to think about this.
Can you please explain how you are calculating this request for fees? Specifically $3, 045.50 for 243, 640 "records."
I am not sure you understand what I originally requested. I requested a .pst file. Are you stating you have found 243, 640 .pst files?
Finally can you please provide me with a copy of the public records fee schedule for Highline School District?
I looked online and I can't seem to find it:
Thank you.
From: Highline Public Schools District
--- Please respond above this line ---
RE: PUBLIC RECORDS REQUEST of December 19, 2022., Reference # P000448-121922. Letter
Dear 137891,
Please respond to us through this portal or US Mail only. Discontinue sending responses to District email boxes.
Visit our website for our fee schedule and more information about how we process public records requests at: https://www.highlineschools.org/departments/records/public-records. Your request will be billed .5 cents for every uploaded records. (http://)
Sincerely,
Michelle Terry
Certified Public Records Officer
Policy & Strategy
To monitor the progress or update this request please log into the Records Center (https://highlineschool.mycusthelp.com/WEBAPP/_rs/RequestEdit.aspx?rid=448&coid=)
From: Highline Public Schools District
--- Please respond above this line ---
RE: PUBLIC RECORDS REQUEST of December 19, 2022., Reference # P000448-121922. Letter Amended to add 5 cents for every 4 records
From: RCPEG
01-31-23
via email to: michelle.terry@highlineschools.org
Hello Ms. Terry,
You state "5 cents for every 4 records" but what are the types of electronic records you are referring to?
Can you please explain how you are calculating this request for fees? Specifically $3, 045.50 for 243, 640 "records."
Again, I am not sure you understand what I originally requested. I requested a .pst file. Are you stating you have found 243, 640 .pst files?
Thank you for the link to your "website fee schedule" https://www.highlineschools.org/departments/records/public-records
Unfortunately that's not what I need. Please send me a copy of or provide a link to the Highline School District PUBLIC POLICY declaring the reason your agency does not calculate actual costs of producing electronic public records in accordance with the statement of factors and manner used to determine the actual costs.
As you know, any statement of costs may be adopted by an agency only after providing notice and public hearing RCW 42.56.070 (7). Furthermore, An agency need not calculate the actual costs it charges for providing public records if it has rules or regulations declaring the reasons doing so would be unduly burdensome RCW 42.56.120 (2)(b).
I need a copy of the Highline School District PUBLIC POLICY documents establishing actual costs and in the alternative the public policy documents declaring the reasons for not calculating actual costs would be unduly burdensome.
Thank you.
From: Highline Public Schools District
--- Please respond above this line ---
RE: PUBLIC RECORDS REQUEST of December 19, 2022., Reference # P000448-121922. Letter
Dear 137891,
All requests are processed though this portal according to our procedures. You indicated that you do not wish to correspond with us through this portal due to the need to create a login and password. We would like to inform you that we have 2 ways of communicating with requesters, though this portal and through U.S, Mail at: Highline Public Schools 15675Ambaum Blvd. SW, Burien, WA 98166, Attn: Public Records Officer. We will prepare all correspondence through the portal according to our procedures. All correspondence that we prepare will be automatically emailed to you. If you do not wish to log into this portal to respond to us, please send all correspondence through US Mail.
Sincerely,
Michelle Terry
Certified Public Records Officer
Policy & Strategy
To monitor the progress or update this request please log into the Records Center (https://highlineschool.mycusthelp.com/WEBAPP/_rs/RequestEdit.aspx?rid=448&coid=)
From: RCPEG
02-01-23
via email to: michelle.terry@highlineschools.org
Hello Ms. Terry,
I understand your personal preference to use a 3rd party company portal, in this case the Granicus corporation. However please take notice, I have the right to refuse to use this 3rd party company portal, and I decline to do so. Side note, I never made any representation as to why I decline to use GOVQA. I am not required to do so. I am willing to say I find it disturbing as well as distasteful that a Washington State agency, in this case Highline Public Schools District transmits all public records requests and records as well as who knows what else to a for profit company such as Granicus corporation with offices outside the State of Washington.
Please see RCW 42.56.080(2) - 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."
Your agency is LEGALLY REQUIRED to honor public records requests such as this one via email.
Your agency "may recommend that requestors submit requests using an agency provided form or web page" however, "No official format is required for making a records request."
A recent case in point:
“Although the requests did not arrive through the City’s online PRA submission form, agencies cannot mandate a particular mode of submission. RCW 42.56.080(2) … No authority limits the context under which a PRA request may be received, so long as the request provides fair notice.” - O’Dea v. City of Tacoma, 19 Wn. App.2d 67, 493 P.3d 1245 (2021)
Your agency has been provided fair notice.
Now, please answer my questions in my email of 01-31-23 a copy of which follows. Thank you.
************************************************************
01-31-23
via email to: michelle.terry@highlineschools.org
Hello Ms. Terry,
You state "5 cents for every 4 records" but what are the types of electronic records you are referring to?
Can you please explain how you are calculating this request for fees? Specifically $3, 045.50 for 243, 640 "records."
Again, I am not sure you understand what I originally requested. I requested a .pst file. Are you stating you have found 243, 640 .pst files?
Thank you for the link to your "website fee schedule" https://www.highlineschools.org/departments/records/public-records
Unfortunately that's not what I need. Please send me a copy of or provide a link to the Highline School District PUBLIC POLICY declaring the reason your agency does not calculate actual costs of producing electronic public records in accordance with the statement of factors and manner used to determine the actual costs.
As you know, any statement of costs may be adopted by an agency only after providing notice and public hearing RCW 42.56.070 (7). Furthermore, An agency need not calculate the actual costs it charges for providing public records if it has rules or regulations declaring the reasons doing so would be unduly burdensome RCW 42.56.120 (2)(b).
I need a copy of the Highline School District PUBLIC POLICY documents establishing actual costs and in the alternative the public policy documents declaring the reasons for not calculating actual costs would be unduly burdensome.
Thank you.
From: RCPEG
02-01-23
via email to: michelle.terry@highlineschools.org
Hello Ms. Terry,
I understand your personal preference to use a 3rd party company portal, in this case the Granicus corporation. However please take notice, I have the right to refuse to use this 3rd party company portal, and I decline to do so. Side note, I never made any representation as to why I decline to use GOVQA. I am not required to do so. I am willing to say I find it disturbing as well as distasteful that a Washington State agency, in this case Highline Public Schools District transmits all public records requests and records as well as who knows what else to a for profit company such as Granicus corporation with offices outside the State of Washington.
Please see RCW 42.56.080(2) - 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."
Your agency is LEGALLY REQUIRED to honor public records requests such as this one via email.
Your agency "may recommend that requestors submit requests using an agency provided form or web page" however, "No official format is required for making a records request."
A recent case in point:
“Although the requests did not arrive through the City’s online PRA submission form, agencies cannot mandate a particular mode of submission. RCW 42.56.080(2) … No authority limits the context under which a PRA request may be received, so long as the request provides fair notice.” - O’Dea v. City of Tacoma, 19 Wn. App.2d 67, 493 P.3d 1245 (2021)
Your agency has been provided fair notice.
Now, please answer my questions in my email of 01-31-23 a copy of which follows. Thank you.
************************************************************
01-31-23
via email to: michelle.terry@highlineschools.org
Hello Ms. Terry,
You state "5 cents for every 4 records" but what are the types of electronic records you are referring to?
Can you please explain how you are calculating this request for fees? Specifically $3, 045.50 for 243, 640 "records."
Again, I am not sure you understand what I originally requested. I requested a .pst file. Are you stating you have found 243, 640 .pst files?
Thank you for the link to your "website fee schedule" https://www.highlineschools.org/departments/records/public-records
Unfortunately that's not what I need. Please send me a copy of or provide a link to the Highline School District PUBLIC POLICY declaring the reason your agency does not calculate actual costs of producing electronic public records in accordance with the statement of factors and manner used to determine the actual costs.
As you know, any statement of costs may be adopted by an agency only after providing notice and public hearing RCW 42.56.070 (7). Furthermore, An agency need not calculate the actual costs it charges for providing public records if it has rules or regulations declaring the reasons doing so would be unduly burdensome RCW 42.56.120 (2)(b).
I need a copy of the Highline School District PUBLIC POLICY documents establishing actual costs and in the alternative the public policy documents declaring the reasons for not calculating actual costs would be unduly burdensome.
Thank you.
From: Highline Public Schools District
--- Please respond above this line ---
RE: PUBLIC RECORDS REQUEST of December 19, 2022., Reference # P000448-121922. Letter
Dear 137891,
Please respond to us through this portal or US Mail only. Discontinue sending responses to District email boxes. We would be happy to respond to you through this portal or through US Mail.
Let us know you have any questions.
Sincerely,
Michelle Terry
Certified Public Records Officer
Policy & Strategy
To monitor the progress or update this request please log into the Records Center (https://highlineschool.mycusthelp.com/WEBAPP/_rs/RequestEdit.aspx?rid=448&coid=)
From: RCPEG
02-01-23
via email to: michelle.terry@highlineschools.org
Hello Ms. Terry,
You state "5 cents for every 4 records" but what are the types of electronic records you are referring to?
Can you please explain how you are calculating this request for fees? Specifically $3, 045.50 for 243, 640 "records."
Again, I am not sure you understand what I originally requested. I requested a .pst file. Are you stating you have found 243, 640 .pst files?
Have you closed this public records request? If not, when can I expect to receive the identified documents?
Thank you.
From: Highline Public Schools District
--- Please respond above this line ---
RE: PUBLIC RECORDS REQUEST of December 19, 2022, Reference # P000448-121922, Closing Letter
Dear 137891, The District sent an email to you on January 30, 2023, asking you to consent to the estimated fees associated with your request. To date, we have not received a response from you consenting to the estimated fees of $3,045.50. Because you have not consented to the fees, w e have discontinued performing all research to fulfill this request. Your Public Records Request Reference Number P000448-121922 is now closed. Let us know if you have any questions. To correspond with us, log into the Records Center, and reference your Public Records Request P000448-121922 or by US. Mail at Highline Public Schools, 15675 Ambaum Blvd. SW, Burien, WA 98166. Include your Reference Number in your correspondence. Again, we ask that you utilize either this portal or US Mail to communicate with us. We are not responsible for delayed, lost, or unanswered responses sent to email boxes throughout the District.
Sincerely,
Michelle Terry
Certified Public Records Officer
Policy & Strategy
To monitor the progress or update this request please log into the Records Center (https://highlineschool.mycusthelp.com/WEBAPP/_rs/RequestEdit.aspx?rid=448&coid=)
From: RCPEG
03-03-23
via email to: michelle.terry@highlineschools.org
Public Records Officer Michelle Terry,
I did respond to your email 30 days ago. Please answer my questions regarding your fee request.
Another copy of my 02-01-23 email is attached.
THANK YOU.
Subject: RE: Washington Public Records Act Request #P000448-121922
02-01-23
via email to: michelle.terry@highlineschools.org
Hello Ms. Terry,
You state "5 cents for every 4 records" but what are the types of electronic records you are referring to?
Can you please explain how you are calculating this request for fees? Specifically $3, 045.50 for 243, 640 "records."
Again, I am not sure you understand what I originally requested. I requested a .pst file. Are you stating you have found 243, 640 .pst files?
Have you closed this public records request? If not, when can I expect to receive the identified documents?
Thank you.
From: RCPEG
03-19-23
via email to: michelle.terry@highlineschools.org
Please answer this my 4th REQUEST FOR CLAIRIFCATION RE: FEES.
Thank you.
03-03-23
via email to: michelle.terry@highlineschools.org
Public Records Officer Michelle Terry,
I did respond to your email 30 days ago. Please answer my questions regarding your fee request.
Another copy of my 02-01-23 email is attached.
THANK YOU.
Subject: RE: Washington Public Records Act Request #P000448-121922
02-01-23
via email to: michelle.terry@highlineschools.org
Hello Ms. Terry,
You state "5 cents for every 4 records" but what are the types of electronic records you are referring to?
Can you please explain how you are calculating this request for fees? Specifically $3, 045.50 for 243, 640 "records."
Again, I am not sure you understand what I originally requested. I requested a .pst file. Are you stating you have found 243, 640 .pst files?
Have you closed this public records request? If not, when can I expect to receive the identified documents?
Thank you.
**************************************
02-01-23
via email to: michelle.terry@highlineschools.org
Hello Ms. Terry,
I understand your personal preference to use a 3rd party company portal, in this case the Granicus corporation. However please take notice, I have the right to refuse to use this 3rd party company portal, and I decline to do so. Side note, I never made any representation as to why I decline to use GOVQA. I am not required to do so. I am willing to say I find it disturbing as well as distasteful that a Washington State agency, in this case Highline Public Schools District transmits all public records requests and records as well as who knows what else to a for profit company such as Granicus corporation with offices outside the State of Washington.
Please see RCW 42.56.080(2) - 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."
Your agency is LEGALLY REQUIRED to honor public records requests such as this one via email.
Your agency "may recommend that requestors submit requests using an agency provided form or web page" however, "No official format is required for making a records request."
A recent case in point:
“Although the requests did not arrive through the City’s online PRA submission form, agencies cannot mandate a particular mode of submission. RCW 42.56.080(2) … No authority limits the context under which a PRA request may be received, so long as the request provides fair notice.” - O’Dea v. City of Tacoma, 19 Wn. App.2d 67, 493 P.3d 1245 (2021)
Your agency has been provided fair notice.
Now, please answer my questions in my email of 01-31-23 a copy of which follows. Thank you.
************************************************************
01-31-23
via email to: michelle.terry@highlineschools.org
Hello Ms. Terry,
You state "5 cents for every 4 records" but what are the types of electronic records you are referring to?
Can you please explain how you are calculating this request for fees? Specifically $3, 045.50 for 243, 640 "records."
Again, I am not sure you understand what I originally requested. I requested a .pst file. Are you stating you have found 243, 640 .pst files?
Thank you for the link to your "website fee schedule" https://www.highlineschools.org/departments/records/public-records
Unfortunately that's not what I need. Please send me a copy of or provide a link to the Highline School District PUBLIC POLICY declaring the reason your agency does not calculate actual costs of producing electronic public records in accordance with the statement of factors and manner used to determine the actual costs.
As you know, any statement of costs may be adopted by an agency only after providing notice and public hearing RCW 42.56.070 (7). Furthermore, An agency need not calculate the actual costs it charges for providing public records if it has rules or regulations declaring the reasons doing so would be unduly burdensome RCW 42.56.120 (2)(b).
I need a copy of the Highline School District PUBLIC POLICY documents establishing actual costs and in the alternative the public policy documents declaring the reasons for not calculating actual costs would be unduly burdensome.
Thank you.
From: Highline Public Schools District
--- Please respond above this line ---
RE: PUBLIC RECORDS REQUEST of December 19, 2022., Reference # P000448-121922. Letter Dear 137061,
Discontinue sending responses to email boxes. We correspond with requesters via GovQA. Review our latest letter to you to answer your question about about fees. Also, you will find a fee chart on our website at : https://www.highlineschools.org/departments/records/public-records (https://www.highlineschools.org/departments/records/public-records) . We charge .05 cents for every 4 uploaded records ( a record is a single document, attachment, email, memo, declaration, letter, note, etc.)
To monitor the progress or update this request please log into the Records Center (https://highlineschool.mycusthelp.com/WEBAPP/_rs/RequestEdit.aspx?rid=448&coid=)
From: RCPEG
03-23-23
via email to: michelle.terry@highlineschools.org
Hello Ms. Terry,
REQUEST FOR CLAIRIFICATION RCW 42.56
You state "5 cents for every 4 records" but what are the types of electronic records you are referring to?
Are the fees you are calculating based on ACTUAL COSTS?
Can you please explain how you are calculating this request for fees? Specifically $3,045.50 for 243,640 "records."
Again, I am not sure you understand what I originally requested. I requested a .pst file. Are you stating you have found 243,640 .pst files?
I understand that using your GOVQA software you can export .pst files as well as .PDF "packet" bundles. I am requesting the most cost effective way to receive these electronic records.
Have you closed this public records request? If not, when can I expect to receive the identified documents?
I do need answers to my questions regarding fees to make a threshold determination of weather or not I will modify or narrow my request.
Thank you.
--- Please respond above this line ---
RE: PUBLIC RECORDS REQUEST of December 19, 2022., Reference # P000448-121922. Letter Dear 137061,
Discontinue sending responses to email boxes. We correspond with requesters via GovQA. Review our latest letter to you to answer your question about about fees. Also, you will find a fee chart on our website at : https://www.highlineschools.org/departments/records/public-records (https://www.highlineschools.org/departments/records/public-records) . We charge .05 cents for every 4 uploaded records ( a record is a single document, attachment, email, memo, declaration, letter, note, etc.)
To monitor the progress or update this request please log into the Records Center (https://highlineschool.mycusthelp.com/WEBAPP/_rs/RequestEdit.aspx?rid=448&coid=)
From: Highline Public Schools District
A fix is required to perfect the request.
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