CLOVER PARK SCHOOL DISTRICT - JLARC (2024) Agency Costs Fulfilling Public Records Requests Including Litigation for the year 2024
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| Submitted | Jan. 12, 2025 |
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Communications
From: RCW 40.14.026
January 12, 2025
via email to "Aranka Holmes" <aholmes@cloverpark.k12.wa.us>
CLOVER PARK SCHOOL DISTRICT - JLARC (2024) Agency Costs Fulfilling Public Records Requests Including Litigation for the year 2024
To whom it may concern,
RCW 40.14.026(5)
“To improve best practices for dissemination of public records, each agency with actual staff and legal costs associated with fulfilling public records requests of at least one hundred thousand dollars during the prior fiscal year must… report to the joint legislative audit and review committee by July 1st of each subsequent year the following metrics, measured over the preceding year:
RCW 40.14.026(5)(l)
(l) The estimated costs incurred by the agency in fulfilling records requests, including costs for staff compensation and legal review, and a measure of the average cost per request;
RCW 40.14.026(5)(o)
(o) The costs incurred by the agency with managing and retaining records, including staff compensation and purchases of equipment, hardware, software, and services to manage and retain public records or otherwise assist in the fulfillment of public records requests;
PUBLIC RECORDS REQUEST RCW 42.56
Pursuant to the Washington Public Records Act [RCW 42.56] I hereby request the following records:
1. Please provide all "Public Records" (as defined by WAC 44-14-03001) detailing costs incurred by your agency in fulfilling records requests, including staff compensation, legal review, and any public records related litigation costs and/or legal settlements for the year 2024 and complete copies of all records request realted fee payments paid to your agency in 2024.
Responsive public records should include but are not limited to:
Supplies and services external services (e.g., printing services, large format printing) Mailing costs, supplies (CDs, DVDs, USB sticks, etc.) Staff compensation and benefit records, copies of payments of Public Records Fees Collected, Software licensing, public records portal and database software licensing and costs, purchases of equipment, hardware, software, and services to manage and retain public records or otherwise assist in the fulfillment of public records requests, professional services Agency staff costs, copies of billing for all Legal costs – including copies of all litigation Legal settlements related to public records requests litigation of any kind and copies of costs for staff time associated with invoicing and collection.
RECORDS INSTALLMENTS
If production of responsive records will be completed in multiple installments, please begin by producing records in the numerical order requested by subject matter and year. The most recent public records should be produced first.
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.
Constructive Notice: Any and all communication(s) received on behalf of your agency in reference to this Public Records Request (RCW 42.45) from any unauthorized for-profit 3rd party company doing business outside the State of Washington will be the subject of a new public records request to your agency as to the origin and purpose of the communication as well as the identity of the sender of the communication.
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. 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 electronic format.
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 - 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.
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.
COMMUNICATION VIA EMAIL
Please send all requests for clarification, status updates, and production of responsive electronic documents via direct email.
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: Clover Park School District
Dear MuckRock,
The purpose of this letter is to acknowledge receipt of your public records requested on January 13, 2025, with Clover Park School District. Pursuant to RCW 42.56.520. You asked for the following records:
Pursuant to the Washington Public Records Act [RCW 42.56] I hereby request the following records:
1. Please provide all "Public Records" (as defined by WAC 44-14-03001) detailing costs incurred by your agency in fulfilling records requests, including staff compensation, legal review, and any public records related litigation costs and/or legal settlements for the year 2024 and complete copies of all records request realted fee payments paid to your agency in 2024.
Responsive public records should include but are not limited to:
Supplies and services external services (e.g., printing services, large format printing) Mailing costs, supplies (CDs, DVDs, USB sticks, etc.) Staff compensation and benefit records, copies of payments of Public Records Fees Collected, Software licensing, public records portal and database software licensing and costs, purchases of equipment, hardware, software, and services to manage and retain public records or otherwise assist in the fulfillment of public records requests, professional services Agency staff costs, copies of billing for all Legal costs – including copies of all litigation Legal settlements related to public records requests litigation of any kind and copies of costs for staff time associated with invoicing and collection.
District Procedure No. 4040P and RCW 42.56.120, the cost for producing copies of records includes the following:
Cost of Printed Copies and Mailing
1. The cost of providing photocopies or printed copies of electronic records is 15 cents per page.
2. The district may also charge actual costs of mailing, including the cost of the shipping container or envelope.
Cost for Electronic Records
1. Ten cents per page for public records scanned into an electronic format or for the use of District equipment to scan the records;
2. Five cents per each four electronic files or attachments uploaded to email, cloud-based data storage service, or other means of electronic delivery;
3. Ten cents per gigabyte for the transmission of public records in an electronic format or for the use of District equipment to send the records electronically and
4. The actual cost of any digital storage media or device provided by the district, the cost of any container or envelope used to mail the copies to the requestor, and the actual postage or delivery charge.
The district estimates that it will be able to respond to your request on or before February 28, 2025. Pursuant to RCW 42.56.520, this time is needed to locate and assemble documents responsive to your request, notify third persons affected by the request, and determine whether any information requested is exempt from public disclosure. This anticipated date is only an estimate and may need to be revised as we process your request. We will make every reasonable effort to respond to your request promptly.
If you have any questions, please feel free to contact me at 253-583-5083
Thank you,
Aranka Holmes
Public Information and Records Coordinator
[cid:73ee7772-396a-48f7-8f38-abe4b42b201d]
Creating Promising Futures.
Student Services Center
10903 Gravelly Lake Dr. SW, Lakewood WA 98499-1341
253-583-5083 • Fax 253-583-5088
IMPORTANT NOTICE: This e-mail message and all attachments, if any, may contain confidential and privileged material and are intended only for the person or entity to which the message is addressed. If you are not an intended recipient, you are hereby notified that any use, dissemination, distribution, disclosure, or copying of this information is unauthorized and strictly prohibited. If you have received this communication in error, please contact the sender immediately by reply e-mail, and destroy all copies of the original message.
-
Outlook-shyciz1c
From: Clover Park School District
Dear MuckRock,
The purpose of this letter is to acknowledge receipt of your public records requested on January 13, 2025, with Clover Park School District. Pursuant to RCW 42.56.520. You asked for the following records:
To whom it may concern,
RCW 40.14.026(5)
“To improve best practices for dissemination of public records, each agency with actual staff and legal costs associated with fulfilling public records requests of at least one hundred thousand dollars during the prior fiscal year must… report to the joint legislative audit and review committee by July 1st of each subsequent year the following metrics, measured over the preceding year:
RCW 40.14.026(5)(l)
(l) The estimated costs incurred by the agency in fulfilling records requests, including costs for staff compensation and legal review, and a measure of the average cost per request;
RCW 40.14.026(5)(o)
(o) The costs incurred by the agency with managing and retaining records, including staff compensation and purchases of equipment, hardware, software, and services to manage and retain public records or otherwise assist in the fulfillment of public records requests;
PUBLIC RECORDS REQUEST RCW 42.56
Pursuant to the Washington Public Records Act [RCW 42.56] I hereby request the following records:
1. Please provide all "Public Records" (as defined by WAC 44-14-03001) detailing costs incurred by your agency in fulfilling records requests, including staff compensation, legal review, and any public records related litigation costs and/or legal settlements for the year 2024 and complete copies of all records request realted fee payments paid to your agency in 2024.
The district estimates that it will be able to respond to your request on or before February 28, 2025. Pursuant to RCW 42.56.520, this time is needed to locate and assemble documents responsive to your request, notify third persons affected by the request, and determine whether any information requested is exempt from public disclosure. This anticipated date is only an estimate and may need to be revised as we process your request. We will make every reasonable effort to respond to your request promptly.
If you have any questions, please feel free to contact me at 253-583-5083. We have also sent a response through our Public Records Portal as follows:
https://cloverparkk12-wa.nextrequest.com/
Thank you,
Aranka Holmes
Public Information and Records Coordinator
[cid:51cf92cf-3ed8-4efc-8eaf-0315819e9a4a]
Creating Promising Futures.
Student Services Center
10903 Gravelly Lake Dr. SW, Lakewood WA 98499-1341
253-583-5083 • Fax 253-583-5088
IMPORTANT NOTICE: This e-mail message and all attachments, if any, may contain confidential and privileged material and are intended only for the person or entity to which the message is addressed. If you are not an intended recipient, you are hereby notified that any use, dissemination, distribution, disclosure, or copying of this information is unauthorized and strictly prohibited. If you have received this communication in error, please contact the sender immediately by reply e-mail, and destroy all copies of the original message.
From: Clover Park School District
Hello MuckRock,
On January 13, 2025, Clover Park School District received your request for public records. This letter serves as the district's initial response under RCW 42.56.520. You have requested the following:
RCW 40.14.026(5)(l)
(l) The estimated costs incurred by the agency in fulfilling records requests, including costs for staff compensation and legal review, and a measure of the average cost per request;
RCW 40.14.026(5)(o)
(o) The costs incurred by the agency with managing and retaining records, including staff compensation and purchases of equipment, hardware, software, and services to manage and retain public records or otherwise assist in the fulfillment of public records requests;
PUBLIC RECORDS REQUEST RCW 42.56
Pursuant to the Washington Public Records Act [RCW 42.56] I hereby request the following records:
1. Please provide all "Public Records" (as defined by WAC 44-14-03001) detailing costs incurred by your agency in fulfilling records requests, including staff compensation, legal review, and any public records related litigation costs and/or legal settlements for the year 2024 and complete copies of all records request realted fee payments paid to your agency in 2024.
All identifiable records have been released. The district gathered the requested records from files maintained by Technology Services, legal fee and the public records staff.
The charge for public records as follows:
District Procedure No. 4040P and RCW 42.56.120, the cost for producing copies of records includes the following:
Cost of Printed Copies and Mailing
1. Providing photocopies or printed copies of electronic records costs 15 cents per page.
2. The district may also charge actual mailing costs, including the shipping container or envelope.
Cost for Electronic Records
1. Ten cents per page for public records scanned into an electronic format or for the use of District equipment to scan the records;
2. Five cents per each of four electronic files or attachments uploaded to email, cloud-based data storage service, or other means of electronic delivery;
3. Ten cents per gigabyte for the transmission of public records in an electronic format or for the use of District equipment to send the records electronically and
4.
The actual cost of any digital storage media or device provided by the district, any container or envelope used to mail the copies to the requestor, and the actual postage or delivery charge.
The legal documents attached have been redacted because student names and identifying information are protected from release and have been redacted under 20 USC Sect. 1232g; RCW 42.56.230(2)(a)(iii) and RCW 42.56.230(5) Credit Card numbers, Tax ID and bank account numbers are exempt from disclosure and have been redacted from these records. Other redactions are considered nonresponsive to this request. Only Public records Legal fees are responsive to this request for view, which are highlighted in yellow for review. Redaction Log is attached for review.
The district has provided copies of legal invoices, purchase orders of technology, and the amount requestors paid for public record requests; I have also provided the Public Records Salary. The district’s response to this request as the district considers this request to be fulfilled and closed. The Public Records Act’s one-year statute of limitations to seek judicial review of the district’s response and records produced has started to run because the district does not intend to further address this request. The one-year statute of limitations means you have one year to challenge the district’s response and responsive records released to you.
Thanks,
Aranka Holmes
Public Information and Records Coordinator
[cid:59914212-7db2-40dc-8351-9f604850419a]
Creating Promising Futures.
Student Services Center
10903 Gravelly Lake Dr. SW, Lakewood WA 98499-1341
253-583-5083 • Fax 253-583-5088
IMPORTANT NOTICE: This e-mail message and all attachments, if any, may contain confidential and privileged material and are intended only for the person or entity to which the message is addressed. If you are not an intended recipient, you are hereby notified that any use, dissemination, distribution, disclosure, or copying of this information is unauthorized and strictly prohibited. If you have received this communication in error, please contact the sender immediately by reply e-mail, and destroy all copies of the original message.
