Business Insider public records law request August 16 2022
| Submitted | Aug. 16, 2022 |
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Communications
From: Insider Staff
To Whom It May Concern:
Pursuant to the Arkansas Freedom of Information Act, I hereby request the following records:
-All separation agreements and settlements reached with current and former teachers who taught in the district between January 1, 2017 through the day this request is fulfilled.
-All public records relating to any and all claims of misconduct against current and former teachers who taught in the district between January 1, 2017 through the day this request is fulfilled. Such public records should include, but not be limited to, all complaints; allegations; claims; investigatory reports; analyses; summaries; memoranda and/or notes; interview recordings; transcripts and/or notes; reviews; emails, text or other electronic messages, voicemails, and/or other communications and/or correspondence; determinations; decisions; orders; resignation letters; employment reclassification documents; offers in compromise and/or settlement agreements; termination and/or transfer papers; letters of reproval and/or other disciplinary actions, whether imposed or not; referrals to law enforcement, administrative, and/or licensing agencies, departments, and/or bodies; appeals; court filings and/or rulings; and all similar materials notwithstanding the use of other terminology, nomenclature, or categorization by this or other involved public agencies.
To further clarify this request, the scope of the misconduct at issue arises from, relates to, and/or is a consequence of sexual behavior and/or activities with district students, whether currently or previously enrolled, and notwithstanding whether any such behavior and/or activities were proven to have occurred or not. The construction of this request should be understood to be liberal and expansive, such that all public records which may be remotely responsive should be produced in full and may only be withheld and/or redacted only as required by law.
I would like these records in the electronic format that they are stored in, transmitted via email or other digital method; please refrain from sending paper copies of the records.
Rather than provide all responsive records at once, I ask that you provide copies of records on a rolling basis, as they become available.
If you determine that any of the information qualifies for an exemption from disclosure, I ask you to note whether the exemption is discretionary, and if so whether it is necessary in this case to exercise your discretion to withhold the information. In any event, please provide a signed notification citing the legal authorities on which you rely if you determine that any of the information is exempt and will not be disclosed.
Please waive any applicable fees; this information is being sought for reporting purposes. If I can provide any clarification that will help expedite the processing of my request, please contact me directly, at mdrange@insider.com.
Note: a delay in access to these records is tantamount to a denial of access.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 3 business days, as the statute requires.
Sincerely,
Nicole Kanu, a citizen of Arkansas, in coordination with Insider Staff.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Arkansas Freedom of Information Act request, copied below, and originally submitted on Aug. 16, 2022. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Insider Staff
Good afternoon, I'm following up again on my August 16 public records request, copied below for reference. Unfortunately I've not heard back from anyone in your office regarding the status of this request, which is now past-due. Can you please reply to this email by EOD tomorrow, Sept. 8, with all responsive records ready for release to date, as well as an estimated date of completion for when I should expect to receive any other outstanding records?
I'm hopeful that we can resolve this matter without seeking a judicial remedy through the courts.
Thank you,
____________
Pursuant to the Arkansas Freedom of Information Act, I hereby request the following records:
-All separation agreements and settlements reached with current and former teachers who taught in the district between January 1, 2017 through the day this request is fulfilled.
-All public records relating to any and all claims of misconduct against current and former teachers who taught in the district between January 1, 2017 through the day this request is fulfilled. Such public records should include, but not be limited to, all complaints; allegations; claims; investigatory reports; analyses; summaries; memoranda and/or notes; interview recordings; transcripts and/or notes; reviews; emails, text or other electronic messages, voicemails, and/or other communications and/or correspondence; determinations; decisions; orders; resignation letters; employment reclassification documents; offers in compromise and/or settlement agreements; termination and/or transfer papers; letters of reproval and/or other disciplinary actions, whether imposed or not; referrals to law enforcement, administrative, and/or licensing agencies, departments, and/or bodies; appeals; court filings and/or rulings; and all similar materials notwithstanding the use of other terminology, nomenclature, or categorization by this or other involved public agencies.
To further clarify this request, the scope of the misconduct at issue arises from, relates to, and/or is a consequence of sexual behavior and/or activities with district students, whether currently or previously enrolled, and notwithstanding whether any such behavior and/or activities were proven to have occurred or not. The construction of this request should be understood to be liberal and expansive, such that all public records which may be remotely responsive should be produced in full and may only be withheld and/or redacted only as required by law.
I would like these records in the electronic format that they are stored in, transmitted via email or other digital method; please refrain from sending paper copies of the records.
Rather than provide all responsive records at once, I ask that you provide copies of records on a rolling basis, as they become available.
If you determine that any of the information qualifies for an exemption from disclosure, I ask you to note whether the exemption is discretionary, and if so whether it is necessary in this case to exercise your discretion to withhold the information. In any event, please provide a signed notification citing the legal authorities on which you rely if you determine that any of the information is exempt and will not be disclosed.
Please waive any applicable fees; this information is being sought for reporting purposes. If I can provide any clarification that will help expedite the processing of my request, please contact me directly, at mdrange@insider.com.
Note: a delay in access to these records is tantamount to a denial of access.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 3 business days, as the statute requires.
Sincerely,
Nicole Kanu, a citizen of Arkansas, in coordination with Insider Staff.
From: Bentonville School District
The Arkansas FOI statute requires that you be an Arkansas resident. Please
provide proof of residency and we will fulfill this request.
Thank you
Debbie Jones, Ed.D.
Superintendent
Phone: 479.254.5012
Bentonville Schools
500 Tiger Boulevard
Bentonville, AR 72712
Where Excellence Lives
From: Muckrock Staff
Hello,
Attached is proof of residency for Nicole Kanu.
Thank you so much for your continued support with this request.
Sincerely,
MuckRock [Attachment Redacted]
From:
The request below has been reviewed and is being declined. Muckrock, to whom the documents are requested to be sent, is not an Arkansas citizen. Additionally, FOIA requests must be sufficiently specific to allow the custodian of records to locate the records sought with reasonable effort. Ark. Code Ann. § 25-19-105(a)(2)(C); see also Ark. Op. Att’y Gen. 2006-093 and Judgment in Case No. CV 2014-1084-2 (attached). You have requested such voluminous and broad categories of records that the District will not be able to locate and identify potentially responsive records with reasonable effort. See also Op. Ark. Att’y Gen. 2006-093. Phrases such as “any” or “all” followed by categories of information are too broad to permit the party receiving the request to locate and determine whether a record is potentially responsive with a reasonable amount of effort. Finally, personnel records that would result in a clearly unwarranted invasion of personal privacy and FERPA educational records are exempt from disclosure. Finally, the District is unaware of any responsive, non-exempt, documents.
For all of these reasons, the District will not be making further response to this request. The District will, of course, promptly respond to any request that meets the requirements of the above-referenced statute and for which non-exempt, responsive documents exist.
Thank you.
Marshall
MARSHALL S. NEY<https://fridayfirm.com/attorneys/attorney/mney> | ATTORNEY
[http://portal.fec.net/fridaylogo.jpg]<http://www.fridayfirm.com/>
mney@fridayfirm.com<mailto:mney@fridayfirm.com%20> | Direct: (479) 695-6049 | Fax (501) 244-5389
3350 S. Pinnacle Hills Pkwy, Suite 301
Rogers, Arkansas 72758 | www.FridayFirm.com<http://www.fridayfirm.com>
This e-mail message and any attachments contain confidential information that may be legally privileged. If you are not the intended recipient, you must not review, retransmit, convert to hard copy, copy, use or disseminate this e-mail or any attachments to it. If you have received this e-mail in error, please immediately notify us by return e-mail or by telephone at 479-695-6049 and delete this e-mail. Please note that if this e-mail contains a forwarded message or is a reply to a prior message, some or all of the contents of this message or any attachments may not have been produced by Friday, Eldredge & Clark, LLP. Receipt of e-mail does not establish an attorney-client relationship.
---------- Forwarded message ---------
From: <requests@muckrock.com<mailto:requests@muckrock.com>>
Date: Wed, Sep 14, 2022 at 8:09 AM
Subject: RE: Arkansas Freedom of Information Act Request: Business Insider public records law request August 16 2022
To: <djones@bentonvillek12.org<mailto:djones@bentonvillek12.org>>
Bentonville School District
FOIA Office
500 Tiger Boulevard
Bentonville, AR 72712
September 14, 2022
This is a follow up to a previous request:
Hello,
Attached is proof of residency for Nicole Kanu.
Thank you so much for your continued support with this request.
Sincerely,
MuckRock
View request history, see one related attachment, upload responsive documents, and report problems here:
https://www.muckrock.com/
If prompted for a passcode, please enter:
••••••••
Attachments:
• NicoleKanu_AR_ID.jpeg
Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com<mailto:requests@muckrock.com>
PLEASE NOTE OUR NEW ADDRESS
For mailed responses, please address (see note):
MuckRock News
DEPT MR 132636
263 Huntington Ave
Boston, MA 02115
PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.
---
On Sept. 8, 2022:
Subject: Re: Arkansas Freedom of Information Act Request: Business Insider public records law request August 16 2022
The Arkansas FOI statute requires that you be an Arkansas resident. Please
provide proof of residency and we will fulfill this request.
Thank you
Debbie Jones, Ed.D.
Superintendent
Phone: 479.254.5012
Bentonville Schools
500 Tiger Boulevard
Bentonville, AR 72712
Where Excellence Lives
---
On Sept. 7, 2022:
Subject: RE: Arkansas Freedom of Information Act Request: Business Insider public records law request August 16 2022
Good afternoon, I'm following up again on my August 16 public records request, copied below for reference. Unfortunately I've not heard back from anyone in your office regarding the status of this request, which is now past-due. Can you please reply to this email by EOD tomorrow, Sept. 8, with all responsive records ready for release to date, as well as an estimated date of completion for when I should expect to receive any other outstanding records?
I'm hopeful that we can resolve this matter without seeking a judicial remedy through the courts.
Thank you,
____________
Pursuant to the Arkansas Freedom of Information Act, I hereby request the following records:
-All separation agreements and settlements reached with current and former teachers who taught in the district between January 1, 2017 through the day this request is fulfilled.
-All public records relating to any and all claims of misconduct against current and former teachers who taught in the district between January 1, 2017 through the day this request is fulfilled. Such public records should include, but not be limited to, all complaints; allegations; claims; investigatory reports; analyses; summaries; memoranda and/or notes; interview recordings; transcripts and/or notes; reviews; emails, text or other electronic messages, voicemails, and/or other communications and/or correspondence; determinations; decisions; orders; resignation letters; employment reclassification documents; offers in compromise and/or settlement agreements; termination and/or transfer papers; letters of reproval and/or other disciplinary actions, whether imposed or not; referrals to law enforcement, administrative, and/or licensing agencies, departments, and/or bodies; appeals; court filings and/or rulings; and all similar materials notwithstanding the use of other terminology, nomenclature, or categorization by this or other involved public agencies.
To further clarify this request, the scope of the misconduct at issue arises from, relates to, and/or is a consequence of sexual behavior and/or activities with district students, whether currently or previously enrolled, and notwithstanding whether any such behavior and/or activities were proven to have occurred or not. The construction of this request should be understood to be liberal and expansive, such that all public records which may be remotely responsive should be produced in full and may only be withheld and/or redacted only as required by law.
I would like these records in the electronic format that they are stored in, transmitted via email or other digital method; please refrain from sending paper copies of the records.
Rather than provide all responsive records at once, I ask that you provide copies of records on a rolling basis, as they become available.
If you determine that any of the information qualifies for an exemption from disclosure, I ask you to note whether the exemption is discretionary, and if so whether it is necessary in this case to exercise your discretion to withhold the information. In any event, please provide a signed notification citing the legal authorities on which you rely if you determine that any of the information is exempt and will not be disclosed.
Please waive any applicable fees; this information is being sought for reporting purposes. If I can provide any clarification that will help expedite the processing of my request, please contact me directly, at mdrange@insider.com<mailto:mdrange@insider.com>.
Note: a delay in access to these records is tantamount to a denial of access.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 3 business days, as the statute requires.
Sincerely,
Nicole Kanu, a citizen of Arkansas, in coordination with Insider Staff.
---
On Aug. 16, 2022:
Subject: Arkansas Freedom of Information Act Request: Business Insider public records law request August 16 2022
To Whom It May Concern:
Pursuant to the Arkansas Freedom of Information Act, I hereby request the following records:
-All separation agreements and settlements reached with current and former teachers who taught in the district between January 1, 2017 through the day this request is fulfilled.
-All public records relating to any and all claims of misconduct against current and former teachers who taught in the district between January 1, 2017 through the day this request is fulfilled. Such public records should include, but not be limited to, all complaints; allegations; claims; investigatory reports; analyses; summaries; memoranda and/or notes; interview recordings; transcripts and/or notes; reviews; emails, text or other electronic messages, voicemails, and/or other communications and/or correspondence; determinations; decisions; orders; resignation letters; employment reclassification documents; offers in compromise and/or settlement agreements; termination and/or transfer papers; letters of reproval and/or other disciplinary actions, whether imposed or not; referrals to law enforcement, administrative, and/or licensing agencies, departments, and/or bodies; appeals; court filings and/or rulings; and all similar materials notwithstanding the use of other terminology, nomenclature, or categorization by this or other involved public agencies.
To further clarify this request, the scope of the misconduct at issue arises from, relates to, and/or is a consequence of sexual behavior and/or activities with district students, whether currently or previously enrolled, and notwithstanding whether any such behavior and/or activities were proven to have occurred or not. The construction of this request should be understood to be liberal and expansive, such that all public records which may be remotely responsive should be produced in full and may only be withheld and/or redacted only as required by law.
I would like these records in the electronic format that they are stored in, transmitted via email or other digital method; please refrain from sending paper copies of the records.
Rather than provide all responsive records at once, I ask that you provide copies of records on a rolling basis, as they become available.
If you determine that any of the information qualifies for an exemption from disclosure, I ask you to note whether the exemption is discretionary, and if so whether it is necessary in this case to exercise your discretion to withhold the information. In any event, please provide a signed notification citing the legal authorities on which you rely if you determine that any of the information is exempt and will not be disclosed.
Please waive any applicable fees; this information is being sought for reporting purposes. If I can provide any clarification that will help expedite the processing of my request, please contact me directly, at mdrange@insider.com<mailto:mdrange@insider.com>.
Note: a delay in access to these records is tantamount to a denial of access.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 3 business days, as the statute requires.
Sincerely,
Nicole Kanu, a citizen of Arkansas, in coordination with Insider Staff.
View request history, see one related attachment, upload responsive documents, and report problems here:
https://www.muckrock.com/
If prompted for a passcode, please enter:
••••••••
Attachments:
• NicoleKanu_AR_ID.jpeg
Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com<mailto:requests@muckrock.com>
PLEASE NOTE OUR NEW ADDRESS
For mailed responses, please address (see note):
MuckRock News
DEPT MR 132636
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.
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There are no files associated with this request.