KENT SCHOOL DISTRICT – Disclosure of all LEGAL INVOICES and PAYMENTS to Attorneys and/or Law Firms (2020-2024)

April 25, 2024

KENT SCHOOL DISTRICT – Public Records request for digital copies of all LEGAL INVOICES and PAYMENTS to Attorneys and/or Law Firms (2020-2024)

Via email: PublicRecords@Kent.k12.wa.us

To Whom It May Concern:

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

1. Digital copies of any/all invoices or bills for any/all legal services or legal representation provided to the District, the District School Board, or District employees.

2. Digital copies of any/all payments made by the District for any/all legal services provided to the District.

3. Digital copies of any/all emails, texts, and/or communications of any kind regarding legal invoices and/or payment for legal services of any kind made by the District.

DATE RANGE
The date range for this request is January 1, 2020 to April 25, 2024.

RECORDS INSTALLMENTS - ORDER OF PRODUCTION
If production of responsive records will be completed in multiple installments, please begin by producing records in REVERSE CHRONOLOGICAL FORMAT BY DATE. The most recent public records should be produced first and the oldest records produced last by date.

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 PROCESSING 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.

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, either .pst file or .pdf/ .pdf PORTFOLIO file. 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.

07-03-2024

via email to PublicRecords@kent.k12.wa.us

Hello,

No responsive records have been produced for this request. You stated "This District anticipates having a first installment available by July 2, 2024" over 2 months ago.

When can we anticipate receiving the records?

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

09-12-2024

via email to PublicRecords@kent.k12.wa.us

Hello,

Please provide a detailed status update as to when a first installment of records will be produced for this 04-25-2024 Public Records request.

It has now been almost 5 months with no production of any records whatsoever.

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

Thank you.

09-16-2024

via email to PublicRecords@kent.k12.wa.us

Hello,

Please provide a detailed status update as to when a first installment of records will be produced for this Public Records request.

It has now been over 4 months with no production of any records whatsoever.

On 07-03-2024 you provided a date for the first installment of records as 09-05-2024.

On 09-05-2024 you provided no records and no updated time estimate for production of responsive public records.

A status update request was made to your agency via email on 09-12-2024. No response was received.

1. Please provide a "reasonable estimate of the time required to respond to the request" and
2. Please "provide an estimate of copying costs" as per:

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

Thank you.

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 ***

DATE: 09-25-2024
TO: KENT SCHOOL DISTRICT PUBLIC RECORDS publicrecords@kent.k12.wa.us

1. More than 5 months have elapsed and your agency has not produced a single requested public record responsive to this request.
2. You provided estimated date(s) records responsive to this request would be produced, but then your agency did not produce any records or installment of records on the date provided.
3. Your agency did not request an extension of time to produce records responsive to this request.
4. Your agency is no longer responding to email inquiries regarding status or clarification of this public records request.

 *** CONSTRUCTIVE NOTICE RCW 42.56.550 ANTICIPATE LITIGATION ***
 
Judicial review of agency actions.
(1) Upon the motion of any person having been denied an opportunity to inspect or copy a public record by an agency, the superior court in the county in which a record is maintained may require the responsible agency to show cause why it has refused to allow inspection or copying of a specific public record or class of records. The burden of proof shall be on the agency to establish that refusal to permit public inspection and copying is in accordance with a statute that exempts or prohibits disclosure in whole or in part of specific information or records.
(2) Upon the motion of any person who believes that an agency has not made a reasonable estimate of the time that the agency requires to respond to a public record request or a reasonable estimate of the charges to produce copies of public records, the superior court in the county in which a record is maintained may require the responsible agency to show that the estimate it provided is reasonable. The burden of proof shall be on the agency to show that the estimate it provided is reasonable.

PUBLIC RECORDS OFFICER ACTION REQUIRED

Immediately produce all public records responsive to this public records request.

Thank you.

October 02, 2024

via email to PublicRecords@kent.k12.wa.us

Please see attached PETITION FOR INTERNAL ADMINISTRATIVE REVIEW OF DENIAL OF ACCESS TO PUBLIC RECORDS - Washington Public Records Act Request #23-24-211 .

Thank you.

Subject: PUBLIC RECORDS ACT REQUEST
To: Kent School District Public Records Officer - PublicRecords@kent.k12.wa.us
From: requests@muckrock.com
Date: November 15, 2024

Kent School District Public Records Officer,

Attached is a copy of public records request dated April 25, 2024

This records request is currently the subject of litigation in Washington Superior Court Case No. 24-2-22038-1 KNT.

Your agency has not produced records responsive to this public records request.

Your agency is required by law to produce public records responsive to this public records request under RCW 42.56.

The Public Records Act RCW 42.56 "fair notice test" has been satisfied:

O'Dea v. City of Tacoma, 493 P.3d 1245, 1252 (Wash. Ct. App. 2021) (“The PRA request letters satisfy the fair notice test ¶41 Here, all three factors related to the characteristics of the request favor O'Dea. The letters were addressed to the Department's public records officer, and each was clearly titled "PUBLIC RECORDS ACT REQUEST." CP at 9-12 (underscore omitted); see Germeau , 166 Wash. App. at 805, 271 P.3d 932. And, 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) ; Germeau , 166 Wash. App. at 806 n.17, 271 P.3d 932. ¶42 Two of the three factors concerning the characteristics of the records clearly favor O'Dea. For the most part, the letters sought specific public records, not information about records. See Germeau , 166 Wash. App. at 807, 271 P.3d 932. O'Dea asked for documents relating to Department investigations, deadly force review board incidents, claims for damages, policies and procedures, training directives, personnel rosters, and other internal communications, all public records that the City possessed. ¶43 Whether it was reasonable for the City to believe O'Dea requested documents under an independent, non-PRA authority, is a closer question but still favors O'Dea. Although the City received the letters as attachments to a complaint, when read in context with the substance of the complaint, it was obvious that the plaintiffs had already attempted to submit these letters as public records requests. The complaint explicitly referenced the attached letters and stated that Purtzer mailed two "Public Disclosure Request[s] to the ... Department" and "[n]o response was ever received." CP at 18. O'Dea’s complaint asked the trial court to "order that all records requested ... be provided promptly." CP at 21. Regardless of whether the original letters were lost in the mail or somehow misplaced, O'Dea’s complaint made clear that he sought public records and he was awaiting a response to the PRA request letters. And the City could not reasonably have believed O'Dea sought the records under an independent non-PRA authority, given that both letters expressly referenced the PRA. See Germeau , 166 Wash. App. at 807, 271 P.3d 932.”)

Produce copies of all responsive public records to this request without further delay.

Thank you.

requests@muckrock.com

November 15, 2024

Subject: PUBLIC RECORDS ACT REQUEST
To: Kent School District Public Records Officer - PublicRecords@kent.k12.wa.us
From: requests@muckrock.com
Date: November 15, 2024

Kent School District Public Records Officer,

Attached is a copy of public records request dated April 25, 2024

This records request is currently the subject of litigation in Washington Superior Court Case No. 24-2-22038-1 KNT.

Your agency has not produced records responsive to this public records request.

Your agency is required by law to produce public records responsive to this public records request under RCW 42.56.

The Public Records Act RCW 42.56 "fair notice test" has been satisfied:

O'Dea v. City of Tacoma, 493 P.3d 1245, 1252 (Wash. Ct. App. 2021) (“The PRA request letters satisfy the fair notice test ¶41 Here, all three factors related to the characteristics of the request favor O'Dea. The letters were addressed to the Department's public records officer, and each was clearly titled "PUBLIC RECORDS ACT REQUEST." CP at 9-12 (underscore omitted); see Germeau , 166 Wash. App. at 805, 271 P.3d 932. And, 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) ; Germeau , 166 Wash. App. at 806 n.17, 271 P.3d 932. ¶42 Two of the three factors concerning the characteristics of the records clearly favor O'Dea. For the most part, the letters sought specific public records, not information about records. See Germeau , 166 Wash. App. at 807, 271 P.3d 932. O'Dea asked for documents relating to Department investigations, deadly force review board incidents, claims for damages, policies and procedures, training directives, personnel rosters, and other internal communications, all public records that the City possessed. ¶43 Whether it was reasonable for the City to believe O'Dea requested documents under an independent, non-PRA authority, is a closer question but still favors O'Dea. Although the City received the letters as attachments to a complaint, when read in context with the substance of the complaint, it was obvious that the plaintiffs had already attempted to submit these letters as public records requests. The complaint explicitly referenced the attached letters and stated that Purtzer mailed two "Public Disclosure Request[s] to the ... Department" and "[n]o response was ever received." CP at 18. O'Dea’s complaint asked the trial court to "order that all records requested ... be provided promptly." CP at 21. Regardless of whether the original letters were lost in the mail or somehow misplaced, O'Dea’s complaint made clear that he sought public records and he was awaiting a response to the PRA request letters. And the City could not reasonably have believed O'Dea sought the records under an independent non-PRA authority, given that both letters expressly referenced the PRA. See Germeau , 166 Wash. App. at 807, 271 P.3d 932.”)

Produce copies of all responsive public records to this request without further delay.

Thank you.

requests@muckrock.com

November 15, 2024

This public records request is withdrawn without any further obligation to the District.