KENT SCHOOL DISTRICT - Request for digital copies of all internet video call recordings in the District's care, custody, or control recorded between the dates 01-01-20 through 05-01-24

To Whom It May Concern:

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

Digital copies of all video recordings of internet-based video calls, meetings, training sessions, town halls, school board meetings, and google classroom sessions in the District's care, custody, or control recorded between the dates 01-01-20 through 05-01-24.

To clarify, if the District is in possession of any digital recordings of Zoom meeting calls, Skype Sessions, Google Duo calls, Slack, Gotomeeting, etc. (any recorded internet-based video communication/presentation/instruction product) for the period of time 01-01-20 through 05-01-24 I am requesting a digital copy to be produced via internet web link.

The District search for these digitally recorded videos should include all computers and digital storage devices owned, operated, or controlled by the District.

The District search for these digitally recorded videos should also include a search of all computers and digital storage devices owned, operated, or controlled by District employees if the digital video was recorded on equipment provided to the employee by the District, or if the digital video recording contains content relating to District agency related matters.

I request the digital video files to be delivered unedited whenever possible and in the original digital file format in which the files were originally recorded and stored.

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,

Anon Request

06-07-2024

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

Hello,

Your agency has produced no COPIES of records responsive to my request, and no COPIES of responsive records have been received. YOUTUBE is not your agency website and YOUTUBE does not provide COPIES of public records. The public records act does not permit your agency to direct a requestor to retrieve public records from a 3rd party.

Please provide COPIES of records responsive to my request.

Thank you.

07-03-2024

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

Hello,

No responsive records have been produced for this request.

Emails requesting clarification and status of this public records request are being ignored.

This request was submitted over TWO MONTHS AGO.

When can we anticipate receiving the records?

From: Anon Request

06/07/2024
Subject: RE: Washington Public Records Act Request #23-24-222

Email
06-07-2024

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

Hello,

Your agency has produced no COPIES of records responsive to my request, and no COPIES of responsive records have been received. YOUTUBE is not your agency website and YOUTUBE does not provide COPIES of public records. The public records act does not permit your agency to direct a requestor to retrieve public records from a 3rd party.

Please provide COPIES of records responsive to my request.

Thank you.

07-08-2024

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

Hello,

Thank you. I have some questions. Please consider this email formal REQUEST FOR CLAIRIFICATION.

Based on your agency public records fees you have quoted:

"There are a total of 1,601,325 files at 7.32 TB of data... Per RCW 42.56.120 (iii-iv) our agency assesses fees at 5 cents per every four files ($20,016.56)and ten cents per gigabyte ($73.20), totaling $20,089.76. At 500 files per month, it will take 3,203 months to process this request"

I believe I need to revise this request. That's a lot of money and time.

Please provide the filenames, file sizes in Megabytes (MB), and file type extensions of each of the 1,601,325 files located and responsive to this public records request in order to allow for a targeted revision of the original request.

I would prefer the filenames, file sizes, and file extension to be provided as in the following example:

[FILENAME] [FILE EXTENSION] [FILESIZE]

2024 Zoom Budget Meeting.mp4 213 MB

Thank you.

*** CONSTRUCTIVE NOTICE RCW 42.56.520 ***

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.

*** CONSTRUCTIVE NOTICE RCW 42.56.520 ***

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

08-16-2024

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

Hello?

Need a response to my REQUEST FOR CLAIRIFICATION - it has been 5 weeks.

07-08-2024

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

Hello,

Thank you. I have some questions. Please consider this email formal REQUEST FOR CLAIRIFICATION.

Based on your agency public records fees you have quoted:

"There are a total of 1,601,325 files at 7.32 TB of data... Per RCW 42.56.120 (iii-iv) our agency assesses fees at 5 cents per every four files ($20,016.56)and ten cents per gigabyte ($73.20), totaling $20,089.76. At 500 files per month, it will take 3,203 months to process this request"

I believe I need to revise this request. That's a lot of money and time.

Please provide the filenames, file sizes in Megabytes (MB), and file type extensions of each of the 1,601,325 files located and responsive to this public records request in order to allow for a targeted revision of the original request.

I would prefer the filenames, file sizes, and file extension to be provided as in the following example:

[FILENAME] [FILE EXTENSION] [FILESIZE]

2024 Zoom Budget Meeting.mp4 213 MB

Thank you.

*** CONSTRUCTIVE NOTICE RCW 42.56.520 ***

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.

*** CONSTRUCTIVE NOTICE RCW 42.56.520 ***

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

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 May 02, 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 May 02, 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.