Business Insider August 25, 2022 public records request

Kent Hoover filed this request on behalf of Insider Staff with the Knox County School District of Knoxville, TN.
Est. Completion None
Status
Awaiting Response

Communications

From: Insider Staff

To Whom It May Concern:

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

-All separation agreements and settlements reached with current and former teachers who taught in the district between January 1, 2017 through the day this request is fulfilled.

-All public records relating to any and all claims of misconduct against current and former teachers who taught in the district between January 1, 2017 through the day this request is fulfilled. Such public records should include, but not be limited to, all complaints; allegations; claims; investigatory reports; analyses; summaries; memoranda and/or notes; interview recordings; transcripts and/or notes; reviews; emails, text or other electronic messages, voicemails, and/or other communications and/or correspondence; determinations; decisions; orders; resignation letters; employment reclassification documents; offers in compromise and/or settlement agreements; termination and/or transfer papers; letters of reproval and/or other disciplinary actions, whether imposed or not; referrals to law enforcement, administrative, and/or licensing agencies, departments, and/or bodies; appeals; court filings and/or rulings; and all similar materials notwithstanding the use of other terminology, nomenclature, or categorization by this or other involved public agencies.

To further clarify this request, the scope of the misconduct at issue arises from, relates to, and/or is a consequence of sexual behavior and/or activities with district students, whether currently or previously enrolled, and notwithstanding whether any such behavior and/or activities were proven to have occurred or not. The construction of this request should be understood to be liberal and expansive, such that all public records which may be remotely responsive should be produced in full and may only be withheld and/or redacted only as required by law.

I would like these records in the electronic format that they are stored in, transmitted via email or other digital method; please refrain from sending paper copies of the records.

Rather than provide all responsive records at once, I ask that you provide copies of records on a rolling basis, as they become available.

If you determine that any of the information qualifies for an exemption from disclosure, I ask you to note whether the exemption is discretionary, and if so whether it is necessary in this case to exercise your discretion to withhold the information. In any event, please provide a signed notification citing the legal authorities on which you rely if you determine that any of the information is exempt and will not be disclosed.

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 7 business days, as the statute requires.

Sincerely,

Kent Hoover, a citizen of Tennessee, in coordination with Insider Staff.

From: Knox County School District

On Aug. 25, Knox County Schools received a Public Records request from Kent Hoover, on behalf of MuckRock. Please send a copy of Mr. Hoover's driver's license to confirm that he is a resident of Tennessee.

Thank you.

Josh

Josh Flory
Communications specialist
Knox County Schools
(865) 594-8021
joshua.flory@knoxschools.org<mailto:joshua.flory@knoxschools.org>
www.knoxschools.org<http://www.knoxschools.org/>

From: Muckrock Staff

Hello,

Please see attached. Thank you for your help with this request!

From: Knox County School District

Mr. Hoover, to clarify your request of Aug. 25:

Regarding Request #1, are you seeking all separation agreements and settlements with current and former teachers? Or only separation agreements and settlements that relate to claims of misconduct related to sexual behavior with students?

In other words, does the sentence that begins "To further clarify this request" apply to both Request #1 and Request #2? Or just to Request #2?

Thank you,

Josh Flory
Knox County Schools

From: Insider Staff

Good afternoon, thank you for following up.

In an effort to assist you in processing this request, records regarding “activities with district students” should be interpreted to mean “Sexual Harassment,” “Unwelcome Conduct,” “Hostile Educational Environment,” and/or “Sexual Violence,” involving one or more former or current students.

With respect to the separation and settlement agreements I've requested, please note that I am requesting all such agreements, as indicated in my request, regardless of the underlying reason/rationale for departure.

From: Knox County School District

Thank you for reaching out. We are continuing to work on your request, but we are short-staffed this week because of Fall Break. We will try to get you an estimate next week.
Thanks,

Josh Flory
Knox County Schools
(865) 594-8021

From: Insider Staff

Hello, I still haven't received any responsive records for this request. I'm hopeful that we can resolve this issue without seeking a judicial remedy through the courts. Can you please advise?

From: Knox County School District

Thank you for reaching out. We are working to comply with your request, and are hoping to have a partial group of responsive records (specific to Part 1) available by Nov. 15. We are also working to develop a timeline by that date for production of Part 2.

However, we are not able to provide electronic copies of records. Are you planning to inspect them at our office?

Thanks for any guidance you can provide.

Josh Flory

From: Knox County School District

We are still working on the first part of your request, and on a timeline for the second part.

Just to clarify, will you be able to inspect these records at our office? We are not able to provide electronic copies.

Thanks for any guidance you can provide.

Josh Flory
Communications specialist
(865) 594-8021

From: Knox County School District

Can anyone provide guidance about whether the requestor will be able to inspect these records at our office?

From: Insider Staff

Good afternoon, thanks for the update. As you know or should know, state statute provides that “the requestor be given the option of receiving information in any format in which it is maintained by the agency, including electronic format.” T.C.A. § 8-4-604(a)(1)(A)(ii)(d)

As I understand it from several Knox County School District employees, most if not all of the records I've requested are stored in electronic format. Hence why I've requested them as such.

From: Knox County School District

Please note that our offices are closed for Winter Break, but we will respond as soon as possible. Thank you.

From: Knox County School District

Thank you for reaching out. The statute that you referenced is a consideration for Open Records Counsel in setting a reasonable fee, and is not a mandate against record keepers. In addition, the information requested, which may be voluminous, would require review and redaction, so the electronic format would change.

Please feel free to call me if you have any questions.

Josh Flory
(865) 594-8021

From: Insider Staff

Hello, I still haven't received any responsive records for this request. I'm hopeful that we can resolve this issue without seeking a judicial remedy through the courts. Can you please advise ASAP?

Thank you

From: Knox County School District

We are working on a detailed estimate regarding your request, and will try to provide it as soon as possible.

Please feel free to call me if you have additional questions.

Thank you.

Josh Flory
(865) 594-8021

From: Insider Staff

Thanks, but that doesn't actually answer my question. Can you reply to this email by EOD tomorrow, May 17, with copies of all responsive records located to date, as well as an estimated date of completion for any remaining records?

Thank you

From: Knox County School District

Attached please find a response. Please feel free to call me if you have additional questions.

Thank you.

Josh

From: Knox County School District

Mr. Hoover,

Attached to this email you will find a response to your request made on August 25, 2022. If you have any questions, please feel free to contact us.

Thank you.

Lori Russell
​​KCS Records Coordinator
UT Tower Suite 620-A
400 W. Summit Hill Drive
Knoxville, Tn. 37902
(865) 594-0259
​lori.russell@knoxschools.org​

From: Knox County School District

Mr. Hoover,

Please disregard the Word document attached to the previous email. I have attached the pdf version of the letter. I apologize for any confusion this may have caused.

Thank you.

Lori Russell
​​KCS Records Coordinator
UT Tower Suite 620-A
400 W. Summit Hill Drive
Knoxville, Tn. 37902
(865) 594-0259
​lori.russell@knoxschools.org​

Files

pages

Close