Lake Washington School District - Police and law enforcement agency agreements, reports, complaints, crime incidents, or investigations for the years (2020-2024)
Tracking # |
PRR-2024-174 |
Submitted | Sept. 17, 2024 |
Due | Sept. 27, 2024 |
Est. Completion | April 3, 2025 |
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Communications
From: Essa Advocate
Lake Washington School District - Police and law enforcement agency agreements, reports, complaints, crime incidents, or investigations for the years (2020-2024)
via email to PublicRecordsRequest@lwsd.org
To Whom It May Concern:
Pursuant to the Washington Public Records Act [RCW 42.56] I hereby request the following records:
1. I request an electronic copy of all RECORDS and WRITING (including emails, texts, telephone call logs, faxes, etc.) in the possession of Lake Washington SCHOOL DISTRICT regarding any police or law enforcement agency Agreements, contracts, reports, complaints, security, safety, or crime related incidents, or investigations for the years 2020-2024.
Please begin by producing responsive records in REVERSE chronological order by year, i.e. 2024, 2023, 2022, - any Agreements, contracts, Programs, crime or safety incidents, complaints, awards, meetings, reports, investigations, documents, communications (to or from), EMAILS (to or from), documents, etc. (RECORDS and WRITING as defined by RCW 42.56.010(4)) in the in the care, custody, control, or possession of your agency referencing (but not limited to) any of the following LOCAL law enforcement agencies:
King County Sheriff
Redmond Police Department
Bellevue Police Department
Seattle Police Department
The following State law enforcement agencies:
Washington State Patrol
Washington State Child Protective Services
The following Federal law enforcement agencies:
Federal Bureau of Investigation
United States Secret Service
Bureau of Alcohol, Tobacco, Firearms and Explosives
Drug Enforcement Agency
Immigration and Naturalization Service
Department of Homeland Security
Immigration and Customs Enforcement
United States Marshals Service
Federal Protective Service
Examples of responsive documents to be produced would include (but not be limited to) the following:
• Any Emails between Lake Washington School District employees and any King County Sheriff's deputy or detective (or any other KCSO employee).
• Any meeting minutes, notes, agreements, programs, handouts, incident reports, referencing the Redmond police Department SRO agreement.
• Citizen, student, or parent complaints, investigations, internal Lake Washington School District referrals to any of the above law enforcement agencies.
• Email, Faxes, Letters, from the Washington State patrol to Lake Washington School District regarding any person or topic.
• Immigration and Customs Enforcement requests addressed to the Lake Washington School District regarding any person or topic.
• Police reports sent to Lake Washington School District via email. Police reports archived in Lake Washington School District files.
• Lake Washington School district meeting minutes referencing law enforcement activities in the district.
• Lockdown of a Lake Washington School in which a report or communication was made to any local law enforcement.
Again, these are just examples of what records would be considered responsive to this request, this is by no means a comprehensive list of all records that could be responsive.
This request is NOT a "BULK EMAIL" request for *any* email from a law enforcement agency e.g. a email from the Redmond Police Department regarding the weekend raffle would not be a responsive document. An email from the Redmond Police Department regarding a shooting at the weekend raffle would be responsive as a crime related incident.
RECORDS INSTALLMENTS
If production of responsive records will be completed in multiple installments, please begin by producing records in reverse chronological format. The most recent public records should be produced first and the oldest records last.
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.
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 maBenton 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 or .pdf PORTFOLIO electronic format with the most records possible included per file and per 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 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.
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.
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 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 Sept. 18, 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: Essa Advocate
10-04-2024
via email to PublicRecordsRequest@lwsd.org
Lake Washington School District - Police and law enforcement agency agreements, reports, complaints, crime incidents, or investigations for the years (2020-2024)
This public records request was filed with your agency 16 days ago (09-17-2024) with NO RESPONSE FROM YOUR AGENCY.
RCW 42.56.520 Prompt responses required.
(1) Responses to requests for public records shall be made promptly by agencies, the office of the secretary of the senate, and the office of the chief clerk of the house of representatives. Within five business days of receiving a public record request, an agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives must respond in one of the ways provided in this subsection (1):
(a) Providing the record;
(b) Providing an internet address and link on the agency's website to the specific records requested, except that if the requester notifies the agency that he or she cannot access the records through the internet, then the agency must provide copies of the record or allow the requester to view copies using an agency computer;
(c) Acknowledging that the agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives has received the request and providing a reasonable estimate of the time the agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives will require to respond to the request;
(d) Acknowledging that the agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives has received the request and asking the requestor to provide clarification for a request that is unclear, and providing, to the greatest extent possible, a reasonable estimate of the time the agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives will require to respond to the request if it is not clarified; or
(e) Denying the public record request.
YOUR AGENCY RESPONSE MANDATORY - WASHINGTON STATE LAW RCW 42.56
PRESERVATION OF PUBLIC RECORDS *** ANTICIPATE LITIGATION ***
Thank you.
From:
Dear Requestor,
Thank you for submitting a request for records on Thursday, October 3, 2024 (Pacific Standard Time).
Your request reference number is Request Number: PRR-2024-174.
Your request security key is 789F30D8.
Please have this security key and reference number available when communicating with our staff regarding your request.
Please note, the District is currently experiencing an unusually high volume of extensive and complex public records requests and is processing requests in the order received and clarified. Given the unprecedented quantity of pending records requests, the District anticipates it will be able to complete this request within six months.
Thank you,
Public Records Office
15212 NE 95th Street
Redmond, WA 98052
publicrecordsrequest@lwsd.org
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attachment-1
From: Lake Washington School District
Dear Requestor,
Thank you for submitting a request for records on Thursday, October 3, 2024 (Pacific Standard Time).
Your request reference number is Request Number: PRR-2024-174<https://lwsdwa.justfoia.com/PublicPortal/Index?RequestNumber=PRR-2024-174&SecurityKey=789F30D8>.
Your request security key is 789F30D8<https://lwsdwa.justfoia.com/PublicPortal/Index?RequestNumber=PRR-2024-174&SecurityKey=789F30D8>.
Please have this security key and reference number available when communicating with our staff regarding your request.
Please note, the District is currently experiencing an unusually high volume of extensive and complex public records requests and is processing requests in the order received and clarified. Given the unprecedented quantity of pending records requests, the District anticipates it will be able to complete this request within six months.
Thank you,
Public Records Office
15212 NE 95th Street
Redmond, WA 98052
publicrecordsrequest@lwsd.org<https://lwsdwa.justfoia.com/responsiveiframe.html?containerId=responsive_iframe_564>
From: Lake Washington School District
Dear Requester,
The District is still in the process of assessing the size and scope of this request. Can you narrow the scope of the request to particular subject, department, or smaller date range?
If a response is not received in 30 days, 1/9/2025, your request will be closed.
Thank you,
Public Records Office
15212 NE 95th ST.
Redmond, WA 98052
publicrecordsrequest@lwsd.org
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attachment-1
From: Essa Advocate
12-11-2024
via email to PublicRecordsRequest@lwsd.org
Hello,
1. Please identify yourself. Employee name, direct supervisor name, contact telephone, and email address.
2. Clarification question: " Can you narrow the scope of the request to particular subject, department, or smaller date range?"
Response: No. This request is already limited in scope, subject, and date range:
Pursuant to the Washington Public Records Act [RCW 42.56] I hereby request the following records:
1. I request an electronic copy of all RECORDS and WRITING (including emails, texts, telephone call logs, faxes, etc.) in the possession of Lake Washington SCHOOL DISTRICT regarding any police or law enforcement agency Agreements, contracts, reports, complaints, security, safety, or crime related incidents, or investigations for the years 2020-2024.
Please begin by producing responsive records in REVERSE chronological order by year, i.e. 2024, 2023, 2022, - any Agreements, contracts, Programs, crime or safety incidents, complaints, awards, meetings, reports, investigations, documents, communications (to or from), EMAILS (to or from), documents, etc. (RECORDS and WRITING as defined by RCW 42.56.010(4)) in the in the care, custody, control, or possession of your agency referencing (but not limited to) any of the following LOCAL law enforcement agencies:
King County Sheriff
Redmond Police Department
Bellevue Police Department
Seattle Police Department
The following State law enforcement agencies:
Washington State Patrol
Washington State Child Protective Services
The following Federal law enforcement agencies:
Federal Bureau of Investigation
United States Secret Service
Bureau of Alcohol, Tobacco, Firearms and Explosives
Drug Enforcement Agency
Immigration and Naturalization Service
Department of Homeland Security
Immigration and Customs Enforcement
United States Marshals Service
Federal Protective Service
Examples of responsive documents to be produced would include (but not be limited to) the following:
• Any Emails between Lake Washington School District employees and any King County Sheriff's deputy or detective (or any other KCSO employee).
• Any meeting minutes, notes, agreements, programs, handouts, incident reports, referencing the Redmond police Department SRO agreement.
• Citizen, student, or parent complaints, investigations, internal Lake Washington School District referrals to any of the above law enforcement agencies.
• Email, Faxes, Letters, from the Washington State patrol to Lake Washington School District regarding any person or topic.
• Immigration and Customs Enforcement requests addressed to the Lake Washington School District regarding any person or topic.
• Police reports sent to Lake Washington School District via email. Police reports archived in Lake Washington School District files.
• Lake Washington School district meeting minutes referencing law enforcement activities in the district.
• Lockdown of a Lake Washington School in which a report or communication was made to any local law enforcement.
Again, these are just examples of what records would be considered responsive to this request, this is by no means a comprehensive list of all records that could be responsive.
This request is NOT a "BULK EMAIL" request for *any* email from a law enforcement agency e.g. a email from the Redmond Police Department regarding the weekend raffle would not be a responsive document. An email from the Redmond Police Department regarding a shooting at the weekend raffle would be responsive as a crime related incident.
Thank you.
From: Lake Washington School District
Hi Requester,
Thank you for your email, please see attached PDF for correspondence.
Please note, the District is currently experiencing an unusually high volume of extensive and complex public records requests and is processing requests in the order received and clarified.
Thank you,
Public Records Office
15212 NE 95th ST.
Redmond, WA 98052
publicrecordsrequest@lwsd.com
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attachment-1
From: Essa Advocate
*** ANTICIPATE LITIGATION ***
01-11-2024
via email to PublicRecordsRequest@lwsd.org
NOTHING IS ATTACHED.
You were requested not to use for profit company JUSTFOIA.
Please provide the public records requested immediately.
*** ANTICIPATE LITIGATION ***
From: Lake Washington School District
Good afternoon,
My office is currently assisting the Lake Washington School District in processing Public Records Requests while it’s Public Records Officer is temporarily away from the office.
I have reviewed the correspondence history for your request, and it appears the District provided you with a six month deadline for completion on October 3, 2024. By my calculations, you are owed a response or an extension on this request by April 3, 2025.
You may remain anonymous and will not be required to create a Just FOIA account to access any responsive records. Please rest assured that the District continues to work diligently to respond to your request.
Regards,
Lauren Titchbourne | PRK Livengood
Attorney
[cid:image001.jpg@01D5BFBC.132F4700]
Peterson Russell Kelly Livengood PLLC
10900 NE 4th Street, Suite 1850
Bellevue, WA 98004
Direct: (425) 990-4044
Email: ltitchbourne@prklaw.com<mailto:ltitchbourne@prklaw.com>
This electronic mail transmission and any accompanying documents contain information belonging to the sender which may be confidential and legally privileged. This information is intended only for the use of the individual or entity to whom this electronic mail transmission was sent as indicated above. If you are not the intended recipient, any disclosure, copying, distribution, or action taken in reliance on the contents of the information contained in this transmission is strictly prohibited. If you have received this transmission in error, please delete the message. Thank you.
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