EATONVILLE School District – Request for a complete electronic copies of (5) MICROSOFT .pst format data archives for the time period 1-1-2020 to 04-29-2024

eDiscovery Manager filed this request with the Eatonville School District of Eatonville, WA.
Tracking #

2324-002K

PRR 2324-002K

2324-002

Status
Rejected

From: eDiscovery Manager

April 29, 2024

SUBJECT: PUBLIC RECORDS REQUEST RCW 42.56

EATONVILLE School District – Request for a complete electronic copies of (5) MICROSOFT .pst format data archives for the time period 1-1-2020 to 04-29-2024.

Via email to: public.records@eatonville.wednet.edu

To Whom It May Concern:

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

1. I Request for a complete electronic copy of the entire MICROSOFT .pst format data archive for each of the following specific email address(es)/email box(s) for the time period January 1, 2020 to April 29, 2024:

public.records@eatonville.wednet.edu
k.lewis@eatonville.wednet.edu
j.brower@eatonville.wednet.edu
t.bisig@eatonville.wednet.edu
a.farrens@eatonville.wednet.edu

Please ensure each DATA ARCHIVE is produced electronically as a single separate .pst file format data file. This request is for the identified public records to be exported from the EATONVILLE SCHOOL DISTRICT email data servers, in accordance with the public database export provisions incorporated within the public records act RCW 42.56. This public records request is *NOT* for individual email files or records.

REQUEST FOR "Reasonably translatable" electronic records - WAC 44-14-05002(2)(b)

This data export request is for the simple database export of five (5) “@eatonville.wednet.edu” datasets from the commercially available format your agency employs to the freely available commercial format Microsoft .pst. This request is for "Reasonably translatable" electronic records - WAC 44-14-05002(2)(b). Your agency stores these electronic records in a generally commercially available format. This request is for a database EXPORT FUNCTION of the (5) datasets identified in this request to the NATIVE .pst file format. No translation into another format is necessary as the .pst file format is the generally commercially available format of the record I am requesting. WAC 44-14-05002(2)(c)(ii).

Further, if your agency has a need to redact these records and claim various exemptions, any redaction process in no way obstructs your agency from providing the final .pst file as requested, with redactions, coupled with contemporaneous exemption logs as required by RCW RCW 42.56.210.

This request does not require specialized programming, the .pst file format is in regular use by your agency for regular day-today business operations. The process of export to .pst for this data requires less than a half dozen mouse clicks. As such, no customized service charge is applicable. If your agency claims the need for a customized service charge, provide a detailed explanation of the service charge, including why it applies, a description of the specific expertise required, and a reasonable estimate of the cost of the charge (WAC 44-14-05004.)

FEES FOR REDACTION ARE NOT APPLICABLE

RCW 42.56. 120 (2)(e). An agency cannot charge a "redaction fee" for the staff time necessary to prepare the records for inspection, for the copying required to redact records before they are inspected, or an archive fee for getting the records from off-site.

DATE RANGE
The date range for this request is January 1, 2020 to April 29, 2024.

USE OF PORTAL NOT MANDATORY

Washington State Law is clear that the use of 3rd party “portals” (Such as GOVQA) for a public records request is optional for the requestor. Respectfully I decline. Please provide all records electronically via direct email attachment to this email address.

Please do not register this requestor for, nor direct this requestor to the use of any 3rd party commercial 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.

Do not send any portion of this public records request to any 3rd party for-profit corporation such as GOVQA, a Grannicus Corporation or NEXT-REQUEST.

Do not register this request with any for profit portal or 3rd party organization such as GOVQA, a Grannicus Corporation, or NEXT-REQUEST.

PUBLIC RECORDS REQUESTS SUBMITTED VIA EMAIL

RCW 42.56.080 - 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."

This public records request is being made via email. This public records request will be honored and fulfilled by your agency via email as requested or relief will be sought per statute.

NATIVE ELECTRONIC FORMAT

Please provide all identified public records in their NATIVE electronic format, in this request the MICROSOFT .pst file format. Please provide all electronic records in the fewest number of individual files as per native format or use free .zip or digital compression in each installment for the fewest number of total records and the most economical calculation of any applicable public records fees.

FEES
In the event that there are fees, please inform us of the total charges in advance of fulfilling the request in strict compliance with all provisions of the Washington State Public Records Act.

EXEMPTION LOGS
Please ensure all redactions or exemptions claimed by your agency 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 produced, as well as the specific number of pages if any that your agency redacts or withholds in their entirety. Each redaction should be noted by footnote or by a clear reference to the specific justification for that redaction, and only the minimal exempt portion of any record may be withheld.

COMMERCIAL PURPOSE DECLARATION
The Washington State Public Records Act prohibits the disclosure of “lists of individuals” for a commercial purpose (RCW 42.56.070(8)). I declare this public records request is not being made for any commercial purpose whatsoever. Also, this public records request is not being made for a "list of individuals." This declaration satisfies all requirements of RCW 42.56 regarding prohibitions on lists and commercial purposes. No additional commercial purpose declaration will be completed for this public records request.

PRESERVATION OF PUBLIC RECORDS *** ANTICIPATE LITAGATION ***

WAC 44-14-03005 RETENTION OF PUBLIC RECORDS

The lawful destruction of public records is governed by retention schedules. The unlawful destruction of public records can be a crime. RCW 40.16.010 and 40.16.020. An agency is prohibited from destroying a public record, even if it is about to be lawfully destroyed under a retention schedule, if a public records request has been made for that record. RCW 42.56.100. Additional retention requirements might apply if the records may be relevant to actual or anticipated litigation. The agency is required to retain the record until the record request has been resolved.

Note: An agency can be found to violate the Public Records Act and be subject to the attorneys' fees and penalty provision if it prematurely destroys a requested record after a request is made. See Yacobellis v. City of Bellingham, 55 Wn. App. 706, 780 P.2d 272 (1989). However, it is not a violation of the Public Records Act if a record is destroyed prior to an agency's receipt of a public records request for that record. Bldg. Indus. Ass'n of Wash. v. McCarthy, 152 Wn. App. 720, 218 P.3d 196 (2009); West v. Dep't of
Nat. Res., 163 Wn. App. 238, 258 P.3d 78 (2011). The Public Records Act (chapter 42.56 RCW) and the records retention statutes (chapter 40.14 RCW) are two different laws.

COMMUNICATION VIA EMAIL

Please send all requests for clarification, status updates, and production of responsive electronic documents via direct email reply.

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

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

Good Luck.

From: eDiscovery Manager

05-08-2024

TO: public.records@eatonville.wednet.edu

RE: 04-29-2024 Washington Public Records Act REQUEST [RCW 42.56] NO RESPONSE *** ANTICIPATE LITIGATION ***

To whom it may concern:

No response has been received regarding my 04-29-2024 Public Records request. Your agency is required by law to respond to public records requests within (5) business days:

RCW 42.56.520 Prompt responses required.

(1) Responses to requests for public records shall be made promptly by agencies, the office of the secretary of the senate, and the office of the chief clerk of the house of representatives. Within five business days of receiving a public record request, an agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives must respond in one of the ways provided in this subsection (1):

(a) Providing the record;

(b) Providing an internet address and link on the agency's website to the specific records requested, except that if the requester notifies the agency that he or she cannot access the records through the internet, then the agency must provide copies of the record or allow the requester to view copies using an agency computer;

(c) Acknowledging that the agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives has received the request and providing a reasonable estimate of the time the agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives will require to respond to the request;

(d) Acknowledging that the agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives has received the request and asking the requestor to provide clarification for a request that is unclear, and providing, to the greatest extent possible, a reasonable estimate of the time the agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives will require to respond to the request if it is not clarified; or

(e) Denying the public record request.

A 2nd copy of my 04-29-2024 public records request is attached.

RESPONSE REQUIRED.

From: eDiscovery Manager

06-07-2024

TO: public.records@eatonville.wednet.edu

RE: 04-29-2024 Washington Public Records Act REQUEST [RCW 42.56] NO RESPONSE *** ANTICIPATE LITIGATION ***

To whom it may concern:

No response has been received regarding my 04-29-2024 Public Records request. Your agency is required by law to respond to public records requests within (5) business days:

RCW 42.56.520 Prompt responses required.

(1) Responses to requests for public records shall be made promptly by agencies, the office of the secretary of the senate, and the office of the chief clerk of the house of representatives. Within five business days of receiving a public record request, an agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives must respond in one of the ways provided in this subsection (1):

(a) Providing the record;

(b) Providing an internet address and link on the agency's website to the specific records requested, except that if the requester notifies the agency that he or she cannot access the records through the internet, then the agency must provide copies of the record or allow the requester to view copies using an agency computer;

(c) Acknowledging that the agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives has received the request and providing a reasonable estimate of the time the agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives will require to respond to the request;

(d) Acknowledging that the agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives has received the request and asking the requestor to provide clarification for a request that is unclear, and providing, to the greatest extent possible, a reasonable estimate of the time the agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives will require to respond to the request if it is not clarified; or

(e) Denying the public record request.

A 3rd copy of my 04-29-2024 public records request is attached.

RESPONSE REQUIRED.

From: eDiscovery Manager

09-23-2024

via email to public.records@eatonville.wednet.edu

Please consider this communication CONSTRUCTIVE NOTICE of intent to seek relief via RCW 42.56.550 - Judicial review of agency actions.

*** CONSTRUCTIVE NOTICE RCW 42.56.520 ***

PRESERVATION OF PUBLIC RECORDS *** ANTICIPATE LITIGATION ***

WAC 44-14-03005 RETENTION OF PUBLIC RECORDS

The lawful destruction of public records is governed by retention schedules. The unlawful destruction of public records can be a crime. RCW 40.16.010 and 40.16.020. An agency is prohibited from destroying a public record, even if it is about to be lawfully destroyed under a retention schedule, if a public records request has been made for that record. RCW 42.56.100. Additional retention requirements might apply if the records may be relevant to actual or anticipated litigation. The agency is required to retain the record until the record request has been resolved.

Note: An agency can be found to violate the Public Records Act and be subject to the attorneys' fees and penalty provision if it prematurely destroys a requested record after a request is made. See Yacobellis v. City of Bellingham, 55 Wn. App. 706, 780 P.2d 272 (1989). However, it is not a violation of the Public Records Act if a record is destroyed prior to an agency's receipt of a public records request for that record. Bldg. Indus. Ass'n of Wash. v. McCarthy, 152 Wn. App. 720, 218 P.3d 196 (2009); West v. Dep't of
Nat. Res., 163 Wn. App. 238, 258 P.3d 78 (2011). The Public Records Act (chapter 42.56 RCW) and the records retention statutes (chapter 40.14 RCW) are two different laws.

*** CONSTRUCTIVE NOTICE RCW 42.56.520 ***

PRESERVATION OF PUBLIC RECORDS *** ANTICIPATE LITIGATION ***

From: eDiscovery Manager

09-26-2024

via email to Paulette Gilliardi, Chairwoman of the Board [p.gilliardi@eatonville.wednet.edu]

Chairwoman Gilliardi,

No response has been received regarding my 04-29-2024 Public Records request. Your agency is required by law to respond to public records requests within (5) business days:

RCW 42.56.520 Prompt responses required.

(1) Responses to requests for public records shall be made promptly by agencies, the office of the secretary of the senate, and the office of the chief clerk of the house of representatives. Within five business days of receiving a public record request, an agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives must respond in one of the ways provided in this subsection (1):

(a) Providing the record;

(b) Providing an internet address and link on the agency's website to the specific records requested, except that if the requester notifies the agency that he or she cannot access the records through the internet, then the agency must provide copies of the record or allow the requester to view copies using an agency computer;

(c) Acknowledging that the agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives has received the request and providing a reasonable estimate of the time the agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives will require to respond to the request;

(d) Acknowledging that the agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives has received the request and asking the requestor to provide clarification for a request that is unclear, and providing, to the greatest extent possible, a reasonable estimate of the time the agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives will require to respond to the request if it is not clarified; or

(e) Denying the public record request.

A copy of my 04-29-2024 public records request is attached.

RESPONSE REQUIRED.

From: eDiscovery Manager

October 03, 2024

via email to public.records@eatonville.wednet.edu

SUBJECT: PUBLIC RECORDS REQUEST RCW 42.56

EATONVILLE School District – Request for a complete electronic copies of (5) MICROSOFT .pst format data archives for the time period 1-1-2020 to 04-29-2024.

Please provide a Reasonable estimate of time for production of these identified and requested public records.

WAC 44-06-085
Response to Public Records Act requests.

2(b) Reasonable estimate of time or costs. The office will provide an estimate of the time required to respond to the request, and may provide an estimate of copying costs pursuant to a specific request seeking an estimate of cost. If the requestor believes the amount of time or estimated costs stated are not reasonable, the requestor may petition the public records officer for a formal review under WAC 44-06-120.

PRESERVATION OF PUBLIC RECORDS *** ANTICIPATE LITIGATION **

From: Eatonville School District

#2324-002

Dear Requestor

This letter acknowledges receipt of your public records request received on
April 29th, 2024. Your request consists of “complete electronic copy of the
entire MICROSOFT .pst format data archive for each of the following
specific email address(es)/email box(s) for the time period January 1, 2020
to April 29, 2024:
public.records@eatonville.wednet.edu
k.lewis@eatonville.wednet.edu
j.brower@eatonville.wednet.edu
t.bisig@eatonville.wednet.edu
a.farrens@eatonville.wednet.edu
Please ensure each DATA ARCHIVE is produced electronically as a single
separate .pst file format data file. This request is for the identified
public records to be exported from the EATONVILLE SCHOOL DISTRICT email
data servers, in accordance with the public database export provisions
incorporated within the public records act RCW 42.56. This public records
request is *NOT* for individual email files or records.”.

We are searching for records this office may have in response to your
request and I estimate it will take until February 15th, 2025 to determine
the location, nature and amount of records that may be responsive.

Should this timeline require adjustments, we will advise you. If you have
questions, please contact me at 360-879-1000. Thank you for allowing us to
assist you.

Sincerely,
--
Public Records Officer
Eatonville School District
public.records@eatonville.wednet.edu

From: Eatonville School District

RE: PRR 2324-002K

Dear Requestor,

Thank you for your patience as we work to fulfill your public records
request. Due to the large scope of your request, which involves thorough
review and redaction, we would like to provide an updated estimated
completion date of April 26, 2025.

To assist us in expediting this process, we ask if you would like to
provide key words or specific criteria to help narrow the scope of your
request and reduce the volume of responsive records. For example, one email
inbox included in the request contains over 20,000 emails, which is
significantly impacting our system’s ability to process the data
efficiently.

Additionally, we are currently implementing and training on new redaction
software designed to handle complex and high-volume requests like yours.
This software ensures accuracy and efficiency but requires files to be in
PDF format for redaction. As a result, we are unable to provide the records
in the original .pst format as initially requested. Instead, the responsive
records will be delivered in PDF format.

Currently, the estimated total charges are $1.69. Per district policy, we
require a 10% down payment of $0.17 to proceed.

If you would like to revise your request to reduce the charges, please let
me know. Otherwise, please remit payment in the amount of* $0.17.*

You may write a check (Memo: PRR 2324-002K) and mail to:

Eatonville School District
Attn: Public Records
PO Box 698
Eatonville, WA 98328

If you would like to pay by credit card, please visit our District Office
located at:

200 Lynch St W.
Eatonville, WA 98328

If we do not hear from you within 30 days from the date of this letter,
your request will be considered abandoned and will be closed.

If you have any questions or need clarification, please don’t hesitate to
reach out. We appreciate your understanding and cooperation as we work to
process your request.
--
Public Records Officer
Eatonville School District
public.records@eatonville.wednet.edu

From: eDiscovery Manager

01-11-2024

via email to public.records@eatonville.wednet.edu

There are no "KEYWORDS" for this request:

1. I Request for a complete electronic copy of the entire MICROSOFT .pst format data archive for each of the following specific email address(es)/email box(s) for the time period January 1, 2020 to April 29, 2024:

public.records@eatonville.wednet.edu
k.lewis@eatonville.wednet.edu
j.brower@eatonville.wednet.edu
t.bisig@eatonville.wednet.edu
a.farrens@eatonville.wednet.edu

Please ensure each DATA ARCHIVE is produced electronically as a single separate .pst file format data file. This request is for the identified public records to be exported from the EATONVILLE SCHOOL DISTRICT email data servers, in accordance with the public database export provisions incorporated within the public records act RCW 42.56. This public records request is *NOT* for individual email files or records.

Payment in FULL for the $1.69 fee request is being made.

Clarification question: You state: "For example, one email inbox included in the request contains over 20,000 emails, which is significantly impacting our system’s ability to process the data efficiently."

What "system" are you refereeing to? For a Microsoft based email server 20,000 emails is trivial. 200,000 emails is trivial. Explain in detail the email system in use by your agency and what you are referring to in your comments.

Thank you.

From: Eatonville School District

RE: PRR 2324-002K

Dear Requestor,

We received your follow up email dated January 11, 2025.

In order to provide clarification, our agency does not utilize a Microsoft
based email server. The system we use pulls all data including individual
emails. In order to process your request, these files will need to be ran
through our redaction software. This software in turn publishes the files
in pdf. format. We are working on a solution for our system to be able to
handle this large of a load.

We do have a solution that may work for you. We can provide a .csv file
with the data you are requesting. This will include the following headings:

- file name
- account
- to/from
- subject
- date sent/received

The individual messages will not be included in this .csv file.

Please let me know how you would like to proceed.

Thank you,

Cassie Froud
--
Public Records Officer
Eatonville School District
public.records@eatonville.wednet.edu

From: Eatonville School District

RE: *PRR: 2324-002K*

Dear Requestor,

This letter concerns your public records request dated 04/29/2024. You
requested the following:

*I Request for a complete electronic copy of the entire MICROSOFT .pst
format data archive for each of the following specific email
address(es)/email box(s) for the time period January 1, 2020 to April 29,
2024:*

*public.records@eatonville.wednet.edu
<public.records@eatonville.wednet.edu>k.lewis@eatonville.wednet.edu
<k.lewis@eatonville.wednet.edu>j.brower@eatonville.wednet.edu
<j.brower@eatonville.wednet.edu>t.bisig@eatonville.wednet.edu
<t.bisig@eatonville.wednet.edu>a.farrens@eatonville.wednet.edu
<a.farrens@eatonville.wednet.edu>*

*Please ensure each DATA ARCHIVE is produced electronically as a single
separate .pst file format data file. This request is for the identified
public records to be exported from the EATONVILLE SCHOOL DISTRICT email
data servers, in accordance with the public database export provisions
incorporated within the public records act RCW 42.56. This public records
request is *NOT* for individual email files or records*

On 12/18/2025 you were notified that due to the large scope of work a 10%
deposit was required in order for our agency to move forward. You were
notified that if no payment was received within 30 days, your request will
be considered abandoned, and it would be closed meaning we would produce no
additional records. On 01/11/2025 you notified us that payment was being
made. However, as of 02/18/2025 we still have not received payment.

Because we have not received payment, your request is now closed as of the
date of this letter meaning we will produce no additional records.

Sincerely,

Cassie Froud
--
Public Records Officer
Eatonville School District
public.records@eatonville.wednet.edu