Kennewick School District - Police and law enforcement agency contracts, reports, complaints, security, safety, or crime related incidents, or investigations for the years (2020-2024)

Kennewick School District - Police and law enforcement agency reports, complaints, security, safety, or crime related incidents, or investigations for the years (2020-2024)

via email to bronson.brown@ksd.org

To Whom It May Concern:

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

1. I request an electronic copy of all RECORDS and WRITING (including emails, texts, telephone call logs, faxes, etc.) in the possession of Kennewick SCHOOL DISTRICT regarding any police or law enforcement agency Agreements, contracts, reports, complaints, security, safety, or crime related incidents, or investigations for the years 2020-2024.

Please begin by producing responsive records in REVERSE chronological order by year, i.e. 2024, 2023, 2022, - any Agreements, Programs, incidents, complaints, awards, meetings, reports, investigations, documents, communications (to or from), EMAILS (to or from), documents, etc. (RECORDS and WRITING as defined by RCW 42.56.010(4)) in the in the care, custody, control, or possession of your agency referencing (but not limited to) any of the following LOCAL law enforcement agencies:

Benton County Sheriff
Kennewick Police Department

The following State law enforcement agencies:

Washington State Patrol
Washington State Child Protective Services

The following Federal law enforcement agencies:

Federal Bureau of Investigation
United States Secret Service
Bureau of Alcohol, Tobacco, Firearms and Explosives
Drug Enforcement Agency
Immigration and Naturalization Service
Department of Homeland Security
Immigration and Customs Enforcement
United States Marshals Service
Federal Protective Service

Examples of responsive documents to be produced would include (but not be limited to) the following:

• Any Emails between Kennewick School District employees and any Benton County Sheriff's deputy or detective (or any other KCSO employee).
• Any meeting minutes, notes, agreements, programs, handouts, incident reports, referencing the Kennewick police Department.
• Citizen, student, or parent complaints, investigations, internal Kennewick School District referrals to any of the above law enforcement agencies.
• Email, Faxes, Letters, from the Washington State patrol to Kennewick School District regarding any person or topic.
• Immigration and Customs Enforcement requests addressed to the Kennewick School District regarding any person or topic.
• Police reports sent to Kennewick School District via email. Police reports archived in Kennewick School District files.
• Kennewick School district meeting minutes referencing law enforcement activities in the district.
• Lockdown of a Kennewick School in which a report or communication was made to any local law enforcement.

Again, these are just examples of what records would be considered responsive to this request, this is by no means a comprehensive list of all records that could be responsive.

This request is NOT a "BULK EMAIL" request for *any* email from a law enforcement agency e.g. a email from the Kennewick Police Department regarding the weekend raffle would not be a responsive document. An email from the Kennewick Police Department regarding a shooting at the weekend raffle would be responsive as a crime related incident.

RECORDS INSTALLMENTS

If production of responsive records will be completed in multiple installments, please begin by producing records in reverse chronological format. The most recent public records should be produced first and the oldest records last.

DEFINITION OF RECORDS AND WRITINGS

RECORDS AND WRITINGS as defined by RCW 42.56.010(4): any handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form of communication or representation including, but not limited to, letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, motion picture, film and video recordings, magnetic or punched cards, discs, drums, diskettes, sound recordings, and other documents including existing data compilations from which information may be obtained or translated.

PRODUCTION AND DELIVERY OF ELECTRONIC RECORDS

Please provide all records in their native electronic format. Please do not instead create new records by printing electronic files then scanning and printing the newly scanned prints.

The use of 3rd party “portals” (Such as GOVQA or NEXTREQUEST) for communication and production of records in response to a public records request is optional for the requestor in the State of Washington. Respectfully we decline to use any 3rd party "portal" system, specifically GOVQA and NEXTREQUEST. Please provide all records electronically via direct email attachment, or via no password, no registration internet cloud-based download link.

Please do not direct or invite 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 commercial 3rd party records portal service.

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 maBenton 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. Unless the records exist IN PAPER FORM ONLY, DO NOT instead create new records by printing native stored electronic files, then scanning and re-printing these newly scanned prints only to reproduce them in again in electronic production.

EMAIL RECORDS

Please provide any and all email records in NATIVE .pst or .pdf PORTFOLIO electronic format with the most records possible included per file and per each installment.

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.

EXEMPTION - FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT (FERPA)

Take caution with the broad application of redaction and withholding of identified public records claiming "global FERPA" exemptions. When an agency claims an exemption for an entire record or portion of one, it must inform the requestor of the statutory exemption and provide a brief explanation of how the exemption applies to the record or portion withheld. RCW 42.17.310(4)/42.56.210(3). The brief explanation should cite the statute the agency claims grant an exemption from disclosure. The brief explanation should provide enough information for a requestor to make a threshold determination of whether the claimed exemption is proper. Global, nonspecific claims of exemption such as "FERPA" are insufficient. One way to properly provide a brief explanation of the withheld record or redaction is for the agency to provide a withholding index. It identifies the type of record, its date and number of pages, and the author or recipient of the record (unless their identity is exempt). The withholding index should allow a requestor to make a threshold determination of whether the agency has properly invoked the exemption. There are several exceptions to the FERPA exemption and any agency silently withholding large swaths of public records citing "FERPA!" without providing the original identified record, properly redacted, or if withheld in its entirety, providing a record description and page count or record length, will be challenged in accordance with RCW 42.56.550 if a reasonably detailed withholding index or exemption log is not included.

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 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.

COMMUNICATION VIA EMAIL

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

10-04-2024

via email to publicrecords@ksd.org.

RE: Kennewick School District - Police and law enforcement agency reports, complaints, security, safety, or crime related incidents, or investigations for the years (2020-2024)

This public records request was filed with your agency 16 days ago (09-17-2024) with NO RESPONSE FROM YOUR AGENCY.

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.

YOUR AGENCY RESPONSE MANDATORY - WASHINGTON STATE LAW RCW 42.56

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

Thank you.

10-27-2024

via email to: PublicRecords@ksd.org

Hello,

Please consider this Public Records Request [RCW 42.56] WITHDRAWN and COMPLETED today, 10-27-2024.

Please CLOSE this Public Records Request without further production of responsive records or documents.

Thank you.