KENT SCHOOL DISTRICT – District Public Records Request Responses 2019-2024
| Tracking # |
23-24-231 |
| Submitted | May 16, 2024 |
| Est. Completion | None |
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Communications
From: prarequest
KENT SCHOOL DISTRICT – District Public Records Request Responses 2019-2024
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 the following records:
1. A complete copy of any and all Public Records Requests received by the District in which the District did not provide a response to the requestor within 5 days as required by Washington State Law (RCW 42.56.520 - Prompt responses required.)
2. A complete copy of any and all Public Records Requests received by the District in which the District has received three (3) or more email requests for information from the requestor, however as of the date of this public records request (05-16-2024), the District has not provided a reply email or response to the requestor.
3. A complete copy of of any and all Public Records Requests received by the District in which the District DID NOT PROVIDE an installment of records to the requestor on or before the production date the District previously communicated to the requestor.
4. A complete copy of any and all Public Records Requests received by the District in which the District DID NOT RESPOND to an emailed request for information from the requestor within (7) days.
The date range for this public records request is 2019 – Present (May 16, 2024).
Include with the copies of these responsive public records requests, complete copies of all communications and emails your District has had with the public records requestor(s).
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 PORTFOLIO file. Please provide all electronic records in the fewest number of individual files as per native format or use free .zip compression in 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 contemporaneous 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 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 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: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Washington Public Records Act request, copied below, and originally submitted on May 16, 2024. 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: Kent School District
Dear Requester,
Kent School District received your public records request dated May 16, 2024 on May 17, 2024. This is your five business day acknowledgement letter required by RCW 42.56. Your public records request is assigned tracking number 23-24-231.
Your request is for:
1. A complete copy of any and all Public Records Requests received by the District in which the District did not provide a response to the requestor within 5 days as required by Washington State Law (RCW 42.56.520 - Prompt responses required.)
2. A complete copy of any and all Public Records Requests received by the District in which the District has received three (3) or more email requests for information from the requestor, however as of the date of this public records request (05-16-2024), the District has not provided a reply email or response to the requestor.
3. A complete copy of of any and all Public Records Requests received by the District in which the District DID NOT PROVIDE an installment of records to the requestor on or before the production date the District previously communicated to the requestor.
4. A complete copy of any and all Public Records Requests received by the District in which the District DID NOT RESPOND to an emailed request for information from the requestor within (7) days.
The date range for this public records request is 2019 - Present (May 16, 2024).
The District seeks clarification of identifiable records. Per Beal v. City of Seattle, 150 Wn. Appl. "A request for information about public record or for information contained in a public record is not a PRA request."
To be of assistance, the District can offer the public records log.
Please provide clarification of the specific record(s) that you are seeking by May 31, 2024.
If you have any questions, please contact the undersigned.
Sincerely,
Dawn Boster (she/her)
Public Records Officer
Kent School District Administration Center
(253) 373-7218
publicrecords@kent.k12.wa.us
From: prarequest
06-07-2024
Via email: PublicRecords@Kent.k12.wa.us
Hello,
I do not understand what you are asking in your "request for clarification."
ORIGINAL REQUEST:
"1. A complete copy of any and all Public Records Requests received by the District in which the District did not provide a response to the requestor within 5 days as required by Washington State Law (RCW 42.56.520 - Prompt responses required.)
2. A complete copy of any and all Public Records Requests received by the District in which the District has received three (3) or more email requests for information from the requestor, however as of the date of this public records request (05-16-2024), the District has not provided a reply email or response to the requestor.
3. A complete copy of of any and all Public Records Requests received by the District in which the District DID NOT PROVIDE an installment of records to the requestor on or before the production date the District previously communicated to the requestor.
4. A complete copy of any and all Public Records Requests received by the District in which the District DID NOT RESPOND to an emailed request for information from the requestor within (7) days.
The date range for this public records request is 2019 - Present (May 16, 2024)."
This request is for COPIES of identified documents - in this case COPIES of various PRA requests received by the District. This request is NOT for "information" contained within any specific PRA request or information "about" a PRA request which is what Per Beal v. City of Seattle addressed.
Please provide a reasonable estimate of time to produce copies of these requested records.
Thank you.
From: prarequest
06-14-2024
Via email: PublicRecords@Kent.k12.wa.us
Hello,
I received no response to my email of 06-07-2024 (a week ago.)
What is the status of this request? When will records responsive to this request be produced? Thank you.
From: prarequest
07-02-2024
Via email: PublicRecords@Kent.k12.wa.us
Hello,
Multiple emails to your agency over the past month requesting information regarding the status of this public records request - a response is required by the public records act.
*** ANTICIPATE LITIGATION ***
Subject: RE: Washington Public Records Act Request #23-24-231
Email
06-14-2024
Via email: PublicRecords@Kent.k12.wa.us
Hello,
I received no response to my email of 06-07-2024 (a week ago.)
What is the status of this request? When will records responsive to this request be produced? Thank you.
Subject: RE: Washington Public Records Act Request #23-24-231
Email
06-07-2024
Via email: PublicRecords@Kent.k12.wa.us
Hello,
I do not understand what you are asking in your "request for clarification."
ORIGINAL REQUEST:
"1. A complete copy of any and all Public Records Requests received by the District in which the District did not provide a response to the requestor within 5 days as required by Washington State Law (RCW 42.56.520 - Prompt responses required.)
2. A complete copy of any and all Public Records Requests received by the District in which the District has received three (3) or more email requests for information from the requestor, however as of the date of this public records request (05-16-2024), the District has not provided a reply email or response to the requestor.
3. A complete copy of of any and all Public Records Requests received by the District in which the District DID NOT PROVIDE an installment of records to the requestor on or before the production date the District previously communicated to the requestor.
4. A complete copy of any and all Public Records Requests received by the District in which the District DID NOT RESPOND to an emailed request for information from the requestor within (7) days.
The date range for this public records request is 2019 - Present (May 16, 2024)."
This request is for COPIES of identified documents - in this case COPIES of various PRA requests received by the District. This request is NOT for "information" contained within any specific PRA request or information "about" a PRA request which is what Per Beal v. City of Seattle addressed.
Please provide a reasonable estimate of time to produce copies of these requested records.
Thank you.
From: prarequest
07-08-2024
via email to PublicRecords@kent.k12.wa.us
Multiple emails to your agency over the past month requesting information regarding the status of this public records request - a response is required by the public records act.
I requested specific "records and writings" under the public records act.
Your agency is required to conduct a reasonable search for the requested public records.
I do not believe a reasonable search for responsive records ahs been conducted by your agency.
I believe your agency is silently withholding public records responsive to my request.
I believe your agency is acting in bad faith, and denying me opportunity to inspect or copy a public record held by your agency.
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 ***
07-02-2024
Via email: PublicRecords@Kent.k12.wa.us
Hello,
Multiple emails to your agency over the past month requesting information regarding the status of this public records request - a response is required by the public records act.
*** ANTICIPATE LITIGATION ***
Subject: RE: Washington Public Records Act Request #23-24-231
Email
06-14-2024
Via email: PublicRecords@Kent.k12.wa.us
Hello,
I received no response to my email of 06-07-2024 (a week ago.)
What is the status of this request? When will records responsive to this request be produced? Thank you.
Subject: RE: Washington Public Records Act Request #23-24-231
Email
06-07-2024
Via email: PublicRecords@Kent.k12.wa.us
Hello,
I do not understand what you are asking in your "request for clarification."
ORIGINAL REQUEST:
"1. A complete copy of any and all Public Records Requests received by the District in which the District did not provide a response to the requestor within 5 days as required by Washington State Law (RCW 42.56.520 - Prompt responses required.)
2. A complete copy of any and all Public Records Requests received by the District in which the District has received three (3) or more email requests for information from the requestor, however as of the date of this public records request (05-16-2024), the District has not provided a reply email or response to the requestor.
3. A complete copy of of any and all Public Records Requests received by the District in which the District DID NOT PROVIDE an installment of records to the requestor on or before the production date the District previously communicated to the requestor.
4. A complete copy of any and all Public Records Requests received by the District in which the District DID NOT RESPOND to an emailed request for information from the requestor within (7) days.
The date range for this public records request is 2019 - Present (May 16, 2024)."
This request is for COPIES of identified documents - in this case COPIES of various PRA requests received by the District. This request is NOT for "information" contained within any specific PRA request or information "about" a PRA request which is what Per Beal v. City of Seattle addressed.
Please provide a reasonable estimate of time to produce copies of these requested records.
Thank you.
From: prarequest
07-31-2024
via email to PublicRecords@kent.k12.wa.us
Hello,
I have note received a response to any of my emails dated 06-07-2024, 06-14-2024, 07-02-2024, and 07-08-2024 regarding this public records request.
1. Is this public records request now closed? No requested records have been produced.
2. Please provide the name and contact information for the supervisor of the public records officer or employee tasked with processing this request and communicating regarding the request status.
Thank you.
07-08-2024
via email to PublicRecords@kent.k12.wa.us
Multiple emails to your agency over the past month requesting information regarding the status of this public records request - a response is required by the public records act.
I requested specific "records and writings" under the public records act.
Your agency is required to conduct a reasonable search for the requested public records.
I do not believe a reasonable search for responsive records ahs been conducted by your agency.
I believe your agency is silently withholding public records responsive to my request.
I believe your agency is acting in bad faith, and denying me opportunity to inspect or copy a public record held by your agency.
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 ***
07-02-2024
Via email: PublicRecords@Kent.k12.wa.us
Hello,
Multiple emails to your agency over the past month requesting information regarding the status of this public records request - a response is required by the public records act.
*** ANTICIPATE LITIGATION ***
Subject: RE: Washington Public Records Act Request #23-24-231
Email
06-14-2024
Via email: PublicRecords@Kent.k12.wa.us
Hello,
I received no response to my email of 06-07-2024 (a week ago.)
What is the status of this request? When will records responsive to this request be produced? Thank you.
Subject: RE: Washington Public Records Act Request #23-24-231
Email
06-07-2024
Via email: PublicRecords@Kent.k12.wa.us
Hello,
I do not understand what you are asking in your "request for clarification."
ORIGINAL REQUEST:
"1. A complete copy of any and all Public Records Requests received by the District in which the District did not provide a response to the requestor within 5 days as required by Washington State Law (RCW 42.56.520 - Prompt responses required.)
2. A complete copy of any and all Public Records Requests received by the District in which the District has received three (3) or more email requests for information from the requestor, however as of the date of this public records request (05-16-2024), the District has not provided a reply email or response to the requestor.
3. A complete copy of of any and all Public Records Requests received by the District in which the District DID NOT PROVIDE an installment of records to the requestor on or before the production date the District previously communicated to the requestor.
4. A complete copy of any and all Public Records Requests received by the District in which the District DID NOT RESPOND to an emailed request for information from the requestor within (7) days.
The date range for this public records request is 2019 - Present (May 16, 2024)."
This request is for COPIES of identified documents - in this case COPIES of various PRA requests received by the District. This request is NOT for "information" contained within any specific PRA request or information "about" a PRA request which is what Per Beal v. City of Seattle addressed.
Please provide a reasonable estimate of time to produce copies of these requested records.
Thank you.
From: Kent School District
Dear Requester,
Thank you for the below inquiry regarding the status of your request.
Per RCW 42.56.080, public records requests are to be for identifiable records. I understand that the request you are seeking is for emails within date ranges of each other (tracking threads of emails). Also that you are requesting this tracking of threads within a five year time period regarding public records requests.
Could you please clarify if you are requesting calendar or business days?
RCW 42.56.520 identifies five business days from receipt of the public records request for agencies to provide the acknowledgement letter.
Could you please provide search terms that will assist with clearly locating and identifying the records you are seeking?
For context regarding the time period of your request, Public Records Requests are maintained for two years and your request is for a five year time period.
Your assistance in identifying the requested records is greatly appreciated.
Sincerely,
Dawn Boster (she/her)
Public Records Officer
Kent School District
(253) 373-7218
publicrecords@kent.k12.wa.us
Files
There are no files associated with this request.