Email public records for Allen Miedema

Derek Held filed this request with the Northshore School District of Bothell, WA.

It is a clone of this request.

Tracking #

N000218-010820

Status
Completed

Communications

From: Derek Held


To Whom It May Concern:

Pursuant to the Washington Public Records Act, I hereby request the following records:

All emails sent and received by Allen Miedema in connection with the transaction of public business between September 18th and October 4th.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.

Sincerely,

Derek Held

From: Northshore School District

Derek Held
Thank you for your interest in public records of the Northshore School District.  Your request has been received and is being processed.  Your request was received in this office on January 08, 2020 and given the reference number N000218-010820 for tracking purposes. To Whom It May Concern:

Pursuant to the Washington Public Records Act, I hereby request the following records:

All emails sent and received by Allen Miedema in connection with the transaction of public business between September 18th and October 4th.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.

Sincerely,

Derek Held
Your request will be forwarded to the relevant District department(s) to locate the information you seek and to determine the volume and any costs associated with satisfying your request. You will be provided with copies of the records requested, or provided with an estimate of when the requested records will be located and made available.

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 Northshore School District's Public Records Center.
-Northshore School District

From: Northshore School District

--- Please respond above this line ---

01/15/2020 Sent via email: requests@muckrock.com
Derek Held Re: Public Records Request dated 1/8/2020
Dear  Derek Held:
The District is in receipt of your public records request dated 1/8/2020. Your request is for the following records: To Whom It May Concern:

Pursuant to the Washington Public Records Act, I hereby request the following records:

All emails sent and received by Allen Miedema in connection with the transaction of public business between September 18th and October 4th.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.

Sincerely,

Derek Held
We wish to notify you that we have already begun the process of locating the records as described in your letter, and intend to comply with the requirements of the Public Records Act in allowing you the opportunity to review and have all such documents which are subject to disclosure. I want to let you know, that due to a significant criminal cyber attack in September 2019, the District is unable to access a significant  portion of District emails from 2009 through October 2019. As a result, in response to your request, the District will be unable to provide any emails that were made inaccessible by the cyber attack.
We need to determine what records are in the District’s possession responsive to your request.  We anticipate being able to respond by Thursday, April 30, 2020.  If there is any delay in researching or producing the records, I will let you know.
If you have any questions I can be reached at 425-408-7605 or by e-mail at dhale@nsd.org.
Sincerely,
Doug Hale
Executive Director of Human Resources

To monitor the progress or update this request please log into the Northshore SD Public Records Center (https://u8387795.ct.sendgrid.net/wf/click?upn=Ow1KccipsoIsnXbuEgm-2FN2R7ftI0CgvhvX0Gkv54O8P8dytlAAvbmkEQKyRP5JbvpF6T12rr8v0xPx-2BlsW8yV6-2BXmx5n3FjHxcdSeqHUGh1YZIrUx2xdZDaS7GDHj-2FV-2F_z3SpHGXIhzBuWj1PXelj-2BVZjh5XcBDI2bqCQ1c4wagif8C-2FvbYLcBWEPveK-2FjEdtyc7hjyobaM2U3ZSA42Btfa6a7eM2EGg-2FlqK8Dn8rRd6wdYKmXqSsahpbGlgyG-2Ft88wnv2sxg9zJ-2F33VZrWCFmY7fGYTuLSdFXYClDSMW2TL6s8P2BSPdgvYxx9-2F5RNfEZKaT5DnFE0CnnfKm7QRqXWHwcXFhlT26n9PeOTpKcnKv7RxT7zs8SL66rUHT3KMbc2PnvgTP2EhM3dI6tUIfOCYqxkq4rHLz7y0i2zAEHDpiWLBuNFNqfF3li0mOwF6Seq2kBOu0caVEA0tG-2BDlkMEESHIOchV5dHzrA6u61YShh6LdARF5gXbw9hL3ZBLG-2B8Cq2ZMQIWBlZXsXBW-2BacULvHnKHcryqkdTOW9Vzo8Uk-3D)

From: Northshore School District

--- Please respond above this line ---
04/24/2020 Sent via Email: requests@muckrock.com Derek Held Re:  Public Records Request dated 1/8/2020 Dear Derek Held: The purpose of this letter is to let you know the records you requested have been assembled and are ready for your inspection. We believe they are responsive to your request under the Washington State Public Records Act. To Whom It May Concern:

Pursuant to the Washington Public Records Act, I hereby request the following records:

All emails sent and received by Allen Miedema in connection with the transaction of public business between September 18th and October 4th.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.

Sincerely,

Derek Held The records requested have been assembled and are available for inspection.  Three redactions were applied. Most of the redactions are pursuant to RCW 42.56.420(4) I nformation regarding the public and private infrastructure and security of computer and telecommunications networks, consisting of security passwords, security access codes and programs, access codes for secure software applications, security and service recovery plans, security risk assessments, and security test results to the extent that they identify specific system vulnerabilities, and other such information the release of which may increase risk to the confidentiality, integrity, or availability of security, information technology infrastructure, or assets. For the other two redactions applied please see the attached redaction and exemption log for more specific information. Please note, the first file has some visual differences from the other five files. The files are typically generated with email in reverse date order so the newest messages are first and the oldest messages last. The first file is sorted in date order from oldest to newest. In addition, please note that due to the complexity of this request and limitations in the software we have to use, the page numbers appearing at the bottom of the documents are not accurate. The page numbers listed in the redaction log are consistent with the page numbers referenced in the PDF menu bar. Please log in to the Northshore School District Public Records Center at the following link to retrieve the appropriate responsive documents. Public Records Request - N000218-010820 (https://u8387795.ct.sendgrid.net/ls/click?upn=nZGH0ylxadMp5hTpNkeAFs2esdYSu22BMM0rZQ-2BDsJO9L8pQLccgbku0ME1ZYKYjzUFnsESk5cotEkB6W1eLfea1ykwM1SkxzTIdtHFkxVp53xWG0zh6Os34JHxYODmWp8yA_mOESvD8VtHbCXx0DQaexoGeaomtZjg-2F6dZHQ7d5zXBEwJg27ulL2IO4xlUMUzmZ6HN6NEQ7FjAgNFZS3pcXCCGzhhmnakJvFAY9E03-2BVF3mr4dOUXVCBp1KBRF4iYiAK8Nrj11g8k2XLYlAx5EeqLlk5u4GnjP6OvWmW9NbKLR0c9UYJo77nlM7xSQmXJUFT3e6fMjlR4lkWC-2Fd5-2FjJGNhk3WNqHi8xdvoNNIM2NEHFHpXKR9wPZ-2FH4BNtlH-2FtBCHxqlfBvQLnIK0jGoxnAOkRdnrezhXo0wX6B25vOMDlQYZlf9ETl4C4e8HHpRR6kAQ60W19KxmRKuRmAQH2vQEEIK3qw1qjNB54ZqW7s0Dq2RoYYzR5-2Fw0-2FFWjiLU-2FzM1aO-2F1SFIUewnhfduzrkJ2g4v5hk-2BgR13f3t2k91-2FAevI-3D) I believe this production closes your public records request dated January 8, 2020. If you have any questions I can be reached at 425-408-7605. Sincerely, Doug Hale Executive Director of Human Resources

To monitor the progress or update this request please log into the Northshore SD Public Records Center (https://u8387795.ct.sendgrid.net/ls/click?upn=nZGH0ylxadMp5hTpNkeAFs2esdYSu22BMM0rZQ-2BDsJO9L8pQLccgbku0ME1ZYKYjzUFnsESk5cotEkB6W1eLfea1ykwM1SkxzTIdtHFkxVp53xWG0zh6Os34JHxYODmWhjGF_mOESvD8VtHbCXx0DQaexoGeaomtZjg-2F6dZHQ7d5zXBEwJg27ulL2IO4xlUMUzmZ6HN6NEQ7FjAgNFZS3pcXCCGzhhmnakJvFAY9E03-2BVF3mr4dOUXVCBp1KBRF4iYiAK8Nrj11g8k2XLYlAx5EeqLlk5u4GnjP6OvWmW9NbKLR0c9UYJo77nlM7xSQmXJUFT3e6fMjlR4lkWC-2Fd5-2FjJGNhk3WNqHi8xdvoNNIM2NEHFHpXKR9wPZ-2FH4BNtlH-2FtBCDfaOFYZ2qpHVcgF-2BfMo6w6f5J0WgSnW-2F2qXHcNC7yMh9KAQpKuhMXZdegtdJDU3L8VfzAGEi8eGChwFQepDIeMHEPcOToRXd5xUjFtaLRPiZ8pG5714cmjtUiidrmH3PfdtuX8QS8BuBe2p9FxGBG71vJFwcmyN1JwLEJuxhxMs-3D)

From: Northshore School District

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This is an auto-generated email and has originated from an unmonitored email account. Please DO NOT REPLY

From: Derek Held

In fulfillment of my public records request, N000218-010820, significant redactions have been made citing RCW 5.60.060(2)(a). These redactions have been overly broad in scope, redacting even basic service agreements or statements of work made between the Northshore School District and outside counsel. The Washington State Supreme Court has clearly stated that merely being communication between an attorney and a client (in this case the Northshore School District) does not exempt a record from disclosure. In Sanders v. State the court states "[...] that the attorney-client privilege protects communications only if they pertain to legal advice".

http://courts.mrsc.org/supreme/169wn2d/169wn2d0827.htm

I request a review of all redactions made that cite RCW 5.60.060(2)(a) to properly limit the redactions only to the specific content that is legal advice.

Additionally, significant redactions were also made for unclear reasons. Example of redacted words include "malwarebytes", "NSDPublic", and "eVAL" which were not only improperly redacted but also are not cited in the redaction log. I request all these redactions be reviewed and be disclosed as required by state public records law. Any redactions that remain should be properly detailed as specified in WAC 458-276-045(5).

Regards,
Derek Held

From: Northshore School District

Derek,

This email confuses me, as our records show you viewed all the materials associated with this request on May 8, 2020.
---------------------------------------------------------

Doug Hale
Executive Director of Human Resources
(425) 408-7605
dhale@nsd.org

From: Derek Held

Correct, I have viewed the materials. In review of the materials I immediately begin noticing redactions being made that are not permitted by law. I am appealing the redactions that were made as they are not permitted redactions and in many cases were not properly logged either.

Regards,
Derek

From: Northshore School District

Dear Derek,

We appreciate the multiple points you have brought to our attention, and have consulted with an attorney who was not directly involved in the initial response to review this particular request and the points you are bringing forward. Please understand this is a large file spanning over 9,000 pages and everyone engaged in reviewing this request also has many other duties they are also performing associated with their employment in Northshore. It is going to take us some time to work through each one of your items and be able to provide a response.

To clarify, you mentioned that a number of our redactions were not listed. If you refer back to our closing letter we noted that the majority of redactions were made pursuant to RCW 42.56.420(4) Security, Information regarding the public and private infrastructure and security of computer and telecommunications networks, consisting of security passwords, security access codes and programs, access codes for secure software applications, security and service recovery plans, security risk assessments, and security test results to the extent that they identify specific system vulnerabilities, and other such information the release of which may increase risk to the confidentiality, integrity, or availability of security, information technology infrastructure, or assets. The other redactions applied that were non-42.56.420(4) redactions are identified in the log, and that any exemption not specifically listed under RCW 42.56.420(4) are in the log.

In your response to us on June 2, 2020 you also cited specifically requiring the use of a log, WAC 458-276-045(5), is an internal regulation the Washington Department of Revenue has adopted to govern its own public records process, and that regulation does not bind the District. While the DOR has apparently created a rule specifically requiring the creation of an exemption log, there is no such requirement under the PRA. Instead, while the PRA requires the District to state each exemption and a brief explanation, it does not prescribe a particular method for doing so, such as a log. Instead, consistent with the Attorney General’s non-binding suggestion in its model PRA rules, a log is simply one option for listing and explaining redactions: “Another way to properly provide a brief explanation is to use another format, such as a letter providing the required exemption citations, description of records, and brief explanations.” WAC 44-14-04004(5)(b).

We anticipate being able to review this request in light of our attorney's recommendations and respond to your items by September 18, 2020. If we are able to provide installments along the way we will certainly do so.
---------------------------------------------------------

Doug Hale
Executive Director of Human Resources
(425) 408-7605
dhale@nsd.org

From: Derek Held

Thank you for your detailed response, I sincerely appreciate it. If installments is possible that would be nice but I understand if they are not.

As far as RCW 42.56.420(4) is concerned, I would expect it to be as narrowly applied as a similar exception was in the recent court case West v City of Tacoma. While I would certainly not expect the district to disclose detailed configurations of security software, acknowledging the existence of and full purchase records of security software is not something that should be withheld. Just like the City is Tacoma was not able to withhold the purchase records of Stingray devices which included not just the price but the model information.

Regards,
Derek Held

From: Northshore School District

Derek,

We appreciate the open communication and opportunity to take another looks at this large request. We have been working on our revisions to this request amongst launching a new remote learning platform, so people have been pulled in multiple directions.

We plan on releasing documents responsive to this request sometime this morning.
---------------------------------------------------------

Doug Hale
Executive Director of Human Resources
(425) 408-7605
dhale@nsd.org

From: Northshore School District

--- Please respond above this line ---
09/18/2020 Sent via Email: requests@muckrock.com Derek Held Re:  Public Records Request dated 1/8/2020 Dear Derek Held: The purpose of this letter is to let you know the records you requested have been assembled and are ready for your inspection. We believe they are responsive to your request under the Washington State Public Records Act. To Whom It May Concern:

Pursuant to the Washington Public Records Act, I hereby request the following records:

All emails sent and received by Allen Miedema in connection with the transaction of public business between September 18th and October 4th.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.

Sincerely,

Derek Held The records requested have been assembled and are available for inspection. I want to thank you for giving our technology redaction team another opportunity to review and apply redactions per our attorney's guidance. Some of the records have been redacted. The majority of the redactions applied are pursuant to RCW 42.56420(4), Information regarding the public and private infrastructure and security of computer and telecommunications networks, consisting of security passwords, security access codes and programs, access codes for secure software applications, security and service recovery plans, security risk assessments, and security test results to the extent that they identify specific system vulnerabilities, and other such information the release of which may increase risk to the confidentiality, integrity, or availability of security, information technology infrastructure, or assets. For additional redactions applied please see the attached redaction logs for more specific information.  Please log in to the Northshore School District Public Records Center at the following link to retrieve the appropriate responsive documents. Public Records Request - N000218-010820 (https://u8387795.ct.sendgrid.net/ls/click?upn=nZGH0ylxadMp5hTpNkeAFs2esdYSu22BMM0rZQ-2BDsJO9L8pQLccgbku0ME1ZYKYjzUFnsESk5cotEkB6W1eLfea1ykwM1SkxzTIdtHFkxVp53xWG0zh6Os34JHxYODmWpjl8_mOESvD8VtHbCXx0DQaexoGeaomtZjg-2F6dZHQ7d5zXBEwJg27ulL2IO4xlUMUzmZ6HN6NEQ7FjAgNFZS3pcXCCM-2BbXG6vKJ05bsMGxaf3dzyba3HWgKoknKEZZz2KHnxQnSk0dDpx8KZaRiLa7InEW0fJEyOsiLhWIHXPWwCnrbhBYy0Ae18ybkEoc0fcmHp8n7NueClVYdDVde75xarLd7OvGTb3bSjCUUSSxdW06CZh0EMd6l7uhvjOEWJk9T9XNJCxPEM68M-2F6T2909SsYOIOfUptLog9XWTahRf-2BJ1dSC6ZmUGKGS3vaYLzIvh6zniO0A1f0vHMraZNvkI-2FxARv0-2BGvh2yzasLClMQPIJpFlQhkMsLr-2BII-2F8ZNm5ojMv-2Fw79cXxBOKMZ6wa-2F9OTuJSw-3D-3D) I believe this production closes your public records request dated January 8, 2020. If you have any questions I can be reached at 425-408-7605. Sincerely, Doug Hale Executive Director of Human Resources

To monitor the progress or update this request please log into the Northshore SD Public Records Center (https://u8387795.ct.sendgrid.net/ls/click?upn=nZGH0ylxadMp5hTpNkeAFs2esdYSu22BMM0rZQ-2BDsJO9L8pQLccgbku0ME1ZYKYjzUFnsESk5cotEkB6W1eLfea1ykwM1SkxzTIdtHFkxVp53xWG0zh6Os34JHxYODmWx37-_mOESvD8VtHbCXx0DQaexoGeaomtZjg-2F6dZHQ7d5zXBEwJg27ulL2IO4xlUMUzmZ6HN6NEQ7FjAgNFZS3pcXCCM-2BbXG6vKJ05bsMGxaf3dzyba3HWgKoknKEZZz2KHnxQnSk0dDpx8KZaRiLa7InEW0fJEyOsiLhWIHXPWwCnrbhBYy0Ae18ybkEoc0fcmHp8n7NueClVYdDVde75xarLd7OvGTb3bSjCUUSSxdW06CZh0EMd6l7uhvjOEWJk9T9XFPEkEixkGQGy6rZu5Q6Z-2FJFbZqdDeXFnzQzvyyeI8JwzctrI0RYBiVVrSIaYORp7lpYRa58axw36JU3-2B-2FNFmRyXt46xocd3Zke05TImd5xajyueiii25lir27gZuQ4irlQ2cgulb98t3svcoW90NLg-3D-3D)

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From: Northshore School District

Hello Derek Held,
You have responded to an unresponsive email.

Please be advised that if you wish to submit a public records request, update an existing request, or check the status of an already submitted request, you should visit the Public Records Center.

Thank you
This is an auto-generated email and has originated from an unmonitored email account. Please DO NOT REPLY.

From: Northshore School District

Derek,

We received the following email from Muckrock and we are confused. The GovQA system clearly shows that you have viewed all of the documents the email is inquiring about, and I have attached screenshots from the system that document your activity.

If there are others with whom you are working with, please let them know the documents have been delivered.

We believe our obligation has been met under the PRA, and we consider this request closed. Please let me know if you have any questions.
---------------------------------------------------------

Doug Hale
Executive Director of Human Resources
(425) 408-7605
dhale@nsd.org

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