Indianapolis, Indiana 46204-2745 Telephone: (317)233-9435 Fax: (317)233-3091 1-800-228-6013 www.IN.govipac. i | PUBLIC ACCESS COUNSELOR STATE OF INDIANA" Siigitwurs | MICHAEL R. PENCE, Governor Indiana Government Center South } 402 West Washington Street, Room W470. oy pr March 5, 2015 Zachary Baiel 124 Connolly St. West Lafayette, IN 47906 Re: Formal Complaint 15-FC-28; Alleged Violation of the Access to Public Records Act by the West Lafayette School Corporation Dear Mr, Baiel, This advisory opinion is in response to your formal complaint alleging the West Lafayette School Corporation (“WLSC”) violated the Access to Public Records Act APRA”), Ind. Code § 5-14-3-1 ef, seg. The WLSC has responded to your complaint via counsel, Robert C. Reiling, Jr., Esq. Pursuant to Ind. Code § 5-14-5-10, [issue the following opinion to your formal complaint received by the Office of the Publie Access Counselor on January 28, 2015. BACKGROUND Your complaint dated January 28, 2015 alleges the West Lafayette School Corporation violated the Access to Public Records Act by failing to provide the requested information. in a timely fashion and improperly requesting a copy fee. On January 11, 2015, you submitted a public records request to the WLSC, You requested, among other documents, the audio from the December 17, 2014 school meeting. You were provided certain information, but did not receive the audio requested ora copy of a consulting firm’s presentation. You reiterated your request for the missing records on January 16, 2015. On January 20, 2015 you were informed that a copy of the presentation was not given to the school and were given a fee estimate for redaction of the records. ‘You inquired about the redactions and were told the subject matter contained on the audio recording had necessitated redactions. On January 21, 2015, you contend you requested to listen to the recording and were told a fee would need to be paid to listen to the recording.On February 10, 2014, the WLSC responded maintaining that because of the taping, process, portions of record may contain sensitive information which is exempt from APRA. Counsel also upholds the cost for record production is valid, citing Ind. Code § 5- 14-3-2(d). Counsel further maintains no violation can be found, because WLSC provided timely responses to your inquiries and levying a cost for the record is fair. Additionally, counsel contends your repeated requests were unfair and burdensome to WLSC. Counsel cites the fact you attended the December meeting and should be aware of the matters discussed. Further, counsel contends WLSC has incurred attorney’s fees to determine what information can be released under Indiana law, ANALYSIS At the outset, I encourage the WLSC to take note of the General Assembly's words in Ind. Code § 5-14-3-1: “The public policy of the APRA states that “(p)roviding persons with information is an essential function of a representative government and an integral part of the routine duties of public officials and employees, whose duty itis to provide the information.” Lemphasize this language as the WLSC appears to lament the responsibility of being a steward of such information. As representative civil servants, public employees have the affirmative duty to respond to public records requests regardless of the volume of inquiries they receive. It should be integrated in their duties. This is not to say they need to neglect other responsibilities in the regulat discharge of their business, however, it should be part of their routine duties ‘The West Lafayette School Corporation is a public agency for the purposes of the APRA. See Ind. Code § 5-14-3-2(n)(1). Accordingly, any person has the tight to inspect and copy WLSC’s public records during regular business hours unless the records are protected from disclosure as confidential or otherwise exempt under the APRA. See Ind. Code § 5-14- 3-3(a). By itself, a recording of an open meeting, should not be subject to redactions. When a properly noticed meeting attended by the public is conducted, anyone has the opportunity to observe and record. See generally, Ind. Code § 5-14-1.5 et. al. Therefore, if confidential subject matter is discussed, it has already been disclosed and loses its confidential or discretionary status. That being said, a governing body does not have to record its meetings. Only minutes and/or memoranda are required to be kept. However, if'a governing body does record a meeting, the recording becomes public record subject to inspection and copying, WLSC has not identified why or how their recording technology is so limited that it cannot reasonably isolate the meeting in question and duplicate it. | am familiar with recording technology used by public agencies statewide and have not encountered a system Which incurs $75-$100 to generate a copy,For example, Indiana courts often use a proprietary system to record proceedings. While the file format of the recording is unique to the judiciary, the courts can isolate the proceeding easily by use of time code and convert the file to a universally recognized file format with very litle cost. I have difficulty accepting the WLSC’s system is so advanced it could not undertake a similar measure cost-effectively. By the tone of WLSC’s response and the amount charged, one can reasonably infer the fee set to copy a recording of an open board meeting was meant to frustrate access based upon your history as a repeat requester. ‘The contents of the recording of the open meeting should be provided to you without redactions. Costs should be reexamined and limited to isolating the entirety of the open meeting and, if a duplicate is requested, the physical medium upon which it is copied. Regards, Luke H. Britt Public Access Counselor Ce: Robert C. Reiling Jr., Esq.Renaissance Place, Sixth Floor 250 Main Steet, Suite 601 REILING P.O. Box 280, RTS |= ee & SCHRIER, uc Tels (765) 423-5333 Fax: (765) 473-4564 ‘wrwrslawfirm.com February 10, 2015 Luke H. Britt —— Indiana Government Cntr Sout RECEIVED 402 W. Washington Street, Room W470 Indianapolis, IN 46204-2745, FEB 12 2015 Re: Formal Complaint 15-FC-28 PUBLIC ACCESS COUNSELOR Dear Mr. Britt: Please be advised that I represent West Lafayette Community School Corporation (“WLCSC”). This is WLCSC’s response to the abovementioned Complaint by Zachary Baiel (“Complainant”) filed on January 28, 2015. The Complaint does not claim a refusal to disclose public records but rather questions if WLCSC can obtain reimbursement for the preparation of a certain digital audio recording, Our response will address two issues. The first issue is whether WLCSC is, authorized to charge for the cost incurred in preparing a digital tape for review by the Complainant. ‘The second issue is whether the requests that have been made by Complainant are unreasonable and burdensome on WLCSC. RELEVANT FACUTAL BA OUND. ‘Complainant is a former tech employee of WLCSC. He ceased to be an employee of WLCSC in August 2014. ‘On Sunday, January 11, 2015, WLCSC received a Request for Disclosure of Public Records from Complainant whereby Complainant requested copies of certain information relating to the December 17, 2014 meeting (“December Meeting”) of the WLCSC Board of School Trustees Board”) including, without limitation, the audio of the December Meeting (“January Request for Disclosure”), It is important to note that Complainant attended the December Meeting and therefore has or should have full knowledge of the discussions had at such meeting, Teter 6 Rai Secon com DasclA Tee een Tes, See Samco Satan Cok pert ater ym. Mnden rman eR Ap@otiencm ‘Wis Basie -0f Cre epsonRECEIVED FEB 12 2015 February 10, 2015 Page 2 PUBLIC ACCESS COUNSELOR | Later that Sunday, January 11, 2015, the Superintendent responded by email to Complamnant regarding a previous request by Complainant for information on an unrelated matter. ‘The Superintendent informed Complainant that he would be available to speak with him any time after 1:30 p.m. on January 12, 2015. Complainant did not contact the Superintendent to discuss any matters on January 12, 2015. WLCSC provided Complainant with all of the information requested in the January Request for Disclosure on January 16, 2015, with the exception of an audio recording of the December Meeting. On January 16,2015, April McClure (“McClure”), the administrative assistant to the Superintendent, advised Complainant that the audio file request was under review by WLCSC’s attorney. Later that same date, Complainant emailed MeClure and advised her that he considered the audio to be a public record. On January 20, 2015, McClure advised Complainant that WLCSC anticipated a cost of $75.00 - $100.00 to reproduce the audio. McClure farther indicated that this cost was calculated based on the amount of time required to isolate the audio for the December Meeting and a media charge for the CD, MeClure asked Complainant to advise if he wanted WLCSC to proceed with preparing the audio and further informed him that the anticipated time to complete the audio was 5 to 7 working days. On January 20, 2015, Complainant questioned the fee to reproduce the audio and requested a specific cost breakdown. On January 21, 2015, McClure informed Complainant that the cost to produce the audio was calculated based on the number of hours of employee labor involved to extract, redact, and review the audio (anticipated to be 3-4 hours at the rate of approximately $27.00 per hour), the cost of the CD, and mailing expense. MoClure further advised Complainant that WLCSC was entitled to 105% of its actual cost. Later that same date, Complainant inquired as to what would need to be redacted from the audio. McClure responded shortly thereafter with an example that the audio may contain public comments about a staff member that includes their name and personal information. McClure explained that in order to protect against violations of FERPA, it would be necessary to review and redact the audio before distributing it to the public. On January 21, 2015, Complainant advised that “[d]ue to the extraordinary cost” he did not wish to pursue the request for audio further. He advised that in the future he would make his own audio recordings of the Board meetings. Within hours after this email, Complainant again contacted WLCSC and asked if he could come in to the WLCSC administrative offices and listen to the recording without a charge. Shortly thereafter, McClure advised Complainant that there would still be a charge to have an employee review the tape and determine the starting point of the December Meeting and the ending point of the December Meeting. She further advised Complainant that there would be a charge for the employee’s time to run the audio equipment and serve as a monitor during Complainants visit. ‘There were several telephone discussions with the Complainant after the 21* of January regarding the details of separating the audio. Complainant also advised that he was going to file a complaint before the Public Access Counselor regarding this matter.RECEIVED February 10, 2015 FEB 12 208 Page 3 PUBLIC ACCESS COUNSELOR REI UNDER LC. 5-14:3-2(4), 5-14-3-8( WLCSC Board meetings are taped digitally. Consequently, that portion of the digital recording that applies to the December Meeting is a part of a tape that includes other matters that are not relevant to Complainant’s request and may be subject to exceptions under the Public Access Laws. Enclosed for your examination please find a brief summary of the process for transferring the Board meeting audio to an appropriate medium that was provided by a WLCSC technician to the Superintendent (see Exhibit 1). WLCSC believes that under I.C. 5-14-3-2(4)(2), WLCSC is entitled to be reimbursed for production of the audio for the December Meeting as a direct cost at the rate of 105% for: “(1) labor required to retrieve electronically stored data; and (2) any ‘medium used for electronic output for providing a duplicate onto a disk, tape or drum under Section (g) if this Chapter...” Acting pursuant to 1.C. $-14-3-2(d) and I.C. 5-14-3-8(g), WLCSC advised Complainant that the cost of reproducing the tape would amount to approximately $75.00 to $100.00 depending on the time required to isolate the portion of the tape applicable to the December Meeting plus a nominal media charge for the CD. The Complainant asserts that “this estimation of time and cost is outrageous.” In the event that Complainant is alleging that WLCSC did not timely respond to his request for an audio recording of the December Meeting, the facts set forth above clearly indicate that WLCSC timely and thoroughly responded to each of Complainant’s inquiries regarding such audio. If Complainant is alleging that the time and cost required to prepare the audio for review is ‘outrageous, such claims are also clearly contradicted by the facts. ‘To begin, due to the digital taping system that WLCSC used for the December Meeting and the process required to transpose the tape to a satisfactory fashion, WLCSC was required to obiain input from its technical staff and legal counsel regarding the projected cost to transpose the tape and WLCSC’s right to reimbursement for the time and expense associated with such work. ‘Once WLCSC determined how to transpose the tape and the cost to do so, WLCSC notified Complainant of this information, Upon learning of the $75.00 to $100.00 cost to transpose the audio on CD, Complainant elected to modify his request by asking to listen to the tape at WLCSC offices. Once again, WLCSC was required to consult with its technical staff regarding the mechanics of making the tape available in an acceptable form and legal counsel regarding the right to seek reimbursement. As noted above, WLCSC determined that the cost to provide Complainant access to the audio on site would be $75-§100 depending on the time involved. Enclosed for your reference please find an email trail from January 16, 2015 through January 21, 2015 that outlines how this discussion proceeded (see Exhibit 2) As previously indicated, the digital taping system used by WLCSC did not isolate the December Meeting. Furthermore, it has since been determined that the tape containing the DecemberRECEIVED February 10, 2015 FEB 12 2015 Page 4 PUBLICACCESS COUNSELOR Meeting included matters unrelated to the December Meeting, not relevant to Complainant’ request, and/or subject to exceptions under the Public Access laws. WLCSC diligently reviewed, investigated, and responded to Complainant's request for audio of the December Meeting all at substantial time and expense to WLCSC. The cost that WLCSC_ quoted to Complainant to provide access to the audio of the December Meeting is supported by state statute and cannot reasonably be considered outrageous or overly burdensome to Complainant. B ;OME_AND UNREASONAB! )UESTS From October 7, 2014 through January 11, 2015, Complainant has submitted four (4) separate publie records requests to WLCSC. As a postscript, Complainant filed a similar request on February 6", 2015. Copies of these requests are attached hereto as Exhibit 3. As you can see from the attached requests, each month Complainant makes a request for copies of all of the Board materials. WLCSC has timely responded to cach request for information that ‘Complainant has made. Despite WLCSC’s cooperation, Complainant now contends that WLCSC has violated Indiana law by offering to provide him access to the audio for the December Meeting and inferentially the January 2015 Board meeting (collectively, the “Board Meetings”) ata cost permitted by Indiana statute. Complainant’s repeated and voluminous requests for information and the repeated demands that he has placed on the time of WLCSC administration and Board members has become burdensome and unreasonable. Furthermore, his request for the audio of the Board Meetings on his terms is burdensome and unreasonable, ‘To begin, as noted above, Complainant attended the December Meeting in person and therefore is and/or should be fully informed of all of the matters discussed at said meeting. As such, his demand that WLCSC incur time, expense, and effort to isolate the audio for the December ‘Meeting and provide him with access to same upon the terms that he requires is unreasonable and burdensome. Additionally, Complainant apparently does not understand that there may be portions of the information that he requests that may not be subject to public access, In particular, there may be ‘matters that are protected under FERPA, matters that are privileged as they deal with personnel issues, and information that would provide personal and confidential information. As such, reproducing the requested information each month is not as simple as just making copies of the requested information and emailing or mailing same to Complainant, At a minimum, for each request Complainant has made, a WLCSC employee has been required to review the request, locate the information requested, compile the information requested, review the compiled information, redact any privileged, protected, or confidential portions of such information, and provide the information to Complainant. Furthermore, for many of the requests made by Complainant, WLCSC has been forced to incur attomney’s fees to have its legal counsel review the request and/or WLCSC’s response thereto in order to (1) determine whether the information requested falls within one of the exceptions under the Public Access Laws, and/or (2) ensure thatRECEIVED February 10, 2015 FEB 12 2015 Page 5 PUBLIC ACCESS COUNSELOR none of the information produced is protected, confidential, and/or privileged. “TRFOUgH tie ——— months of October 2014 through January 2015, WLCSC has incurred, in legal expense alone, in excess of $5,500.00 which represents over 21 hours of legal time, Moreover, it is relevant to note that each month since October 2014 through January 2015, Complainant requested copies of WLCSC’s accounts payable records, With respect to the ‘manner in which WLCSC accounts payable are prepared it is not uncommon for WLCSC to disclose ACH (check and/or credit card numbers) on accounts payable statements. Since this information is privileged and confidential, for each request that Complainant has made to review WLSCSC accounts payable, WLCSC has had to incur time and/or expense to review the request, compile the requested information, redact the privileged and confidential portions of such information, and reproduce the requested information to Complainant. Furthermore, it should be noted that Complainant usually attends Board meetings and has taken it upon himself to make direct contacts with individual Board members and the Superintendent at their residences. Enclosed, for your examination please find correspondence from the Superintendent of WLCSC indicating the concer that that Complainant's requests have become burdensome and are adversely impacting the operation of WLCSC (see Exhibit 4), WLCSC has a relatively small and streamlined administration and does not have the resources to respond to Complainant's requests on a monthly basis in the detail that he seeks. As a result of Complainant’s requests, WLCSC has decided to cease taping their monthly Board meetings to avoid the burden and cost associated with isolating and providing access to the audio recordings, ‘Though it may not be relevant, Complainant is not a member of the media or to WLCSC knowledge does he represent any media sources. Thope that this information is helpful to you and will assist you in making a ruling. Sincerely, fattolo dosea Reiling, Jr. RCRig enclosuresJenny German From: Bob Relling Sent: Tuesday, February 03, 2015 2:37 PM To: Jenny German Subject: Fwd: WLCSC - Board Meeting Document Request Sent from my iPhone FEB 12 2015 Begin forwarded message: From: April McClure PUBLIC ACCESS COUNSELOR Date: February 3, 2015 at 2:35:58 PM EST To: Bob Reiling Jr. Subject: FW: WLCSC - Board Meeting Document Request Mr. Reiling, Below is the conversation that resulted after his Jan 11, 2015 request. First response began on Jan 16, 2015. See below. **Please note I did not return to the office from vacation until Jan 13. April McClure ‘Administrative Assistant to the Superintendent West Lafayette Community School Corporation P. 765.746.1602 £.765.746.1644 Sent: Wednesday, January 21, 2015 3:53 PM Tos ‘Zachary Baie!" Ce: Rocky Killion; "Bob Reiling Jr.” ‘Subject: RE: WLCSC - Board Meeting Document Request Hello Zach, There would be no charge to actually listen to the tape. However we would charge to have someone review the tape and determine the starting point of the meeting and the ending point of the tape. | am not sure how much time this will all take. This process would be done within a reasonable period of time and at such time our technician is available. in addition, there is a charge for the employee's time to run the equipment and serve as a monitor during your visit.April McClure ‘Administrative Assistant to the Superintendent West Lafayette Community School Corporation p-765.746.1602 £.765.746.1644 www wh 12. In.us www riseabovethemark.com RECEIVED FEB 12 2015 From: Zachary Batel [maitto:zachary.baiel@amal.com) PUBLICAC Sent: Wednestay, January 21,2015 1:37 PM \CCESS COUNSELOR To: April McClure Cc: Rocky Killion; Bob Reiling Jr. ‘Subject: Re: WLCSC - Board Meeting Document Request Good afternoon all, Quick question as I was doing some reading. May I come in to the school and listen to the recording there or would there also be a charge to listen to the audio? ‘Thank you again, Zachary Baiel On Wed, Jan 21, 2015 at 11:18 AM, Zachary Baiel wrote: Good morning again April, Great. Thank you. I appreciate your response. Due to the extraordinary cost, I do not wish to pursue this request for audio further. In the future, I will make my own recordings of meetings. Thank you again, Zachary Baiel On Wed, Jan 21, 2015 at 11:08 AM, April McClure wrote: Hello Zach,Although the meeting is held in public, we cannot control any public comments made during the ‘meeting; i.e. @ person who chooses to comment on a staff member and uses their name and personal information, Personnel issues are not to be discussed in public, it isa violation of FERPA. Therefore necessary to review each audio for redactions before distributing it to the public. April McClure ‘Administrative Assistant to the Superintendent West Lafayette Community School Corporation P. 765.746.1602 £.765:746:1644 a on ‘Sudiebonctemarcom RECEIVED FEB 12 2015 PUBLIC ACCESS COUNSELOR From: Zachary Baiel [mailto:zachary,baiel@qmail.com) Sent: Wednesday, January 21, 2015 10:57 AM To: April McClure Ce: Rocky Killion; Bob Reiling Jr. Subject: Re: WLCSC - Board Meeting Document Request Good morning April, ‘Thank you very much for this breakdown. I truly appreciate it. For my own curiosity, since this would be a recording of the event as it took place in public, what needs to be redacted? ‘Thank you again and take care, Zachary Baiel On Wed, Jan 21, 2015 at 8:15 AM, April McClure wrote: Hello Zach, ‘The cost to obtain a copy of the digital file is determined based on the following: - Number of labor hours - Extraction Redaction- Review = Media Disc. - Mailing cost In addition, we are entitled to 105% of actual cost and anticipating approximately three to four hours at the rate of approx. $27 an hour. April McClure Administrative Assistant to the Superintendent. - West Lafayette Community School Corporation BR EC in aren VED £.785.746.1844 yoww WLA2.J.us FEB 12 2015 ‘www.riseabovethemark.com PUBLIC ACCESS COUNSELOR zt tc eae From: Zachary Baiel [mailto:zachary.baie\@amail.com) Sent: Tuesday, January 20, 2015 9:16 AM To: April McClure Ce: Rocky Killion; Bob Reiling Jr. Subject: Re: WLCSC - Board Meeting Document Request Good morning April, ‘Thank you for the response. I am currently at a trade show, but will try and call later today or this week. I am not sure how the price of $75-$100 was determined for the isolation, It is my understanding that the recording of the board meeting is a digital file ready to be distributed on the Internet as it has in the past. Tam not requesting a CD and digital distribution (¢.g. email) would be fine. If you could you please be specific in the cost breakdown for this request, it would be greatly appreciated, Thank you again for checking on the presentation. In the future, I will make my requests to the presenters for a copy of their slides. Take care and have a good week, Zachary Baiel On Tue, Jan 20, 2015 at 8:23 AM, April McClure wrote: 4Hello Zach, ‘With regards to the audio file: Pursuant to IC 5-14-3-2 WLCSC anticipates the cost to reproduce the tapes you have requested will be approximately $75-100.00, depending on time required to isolate the recording, plus a nominal media charge for the CD. If you are interested please advise. I expect the time to complete the reproduction should be between 5 and 7 working days. With regards to the high schoo! parking lot presentation; no file was given to the board ot administration either on paper or electronically with regards to the junior senior high schoo! parking lot project. April McClure Administrative Assistant to the Superintendent i fiat West Lafayette Community School Corporation r=, or | RECEIVED £.765.746.3644 www.wLk12.inus FEB 12 2015 www.tiseabovethemark.com PUBLIC ACCESS COUNSELOR From: Zachary Baiel [malito:zachary.baiel@gmal.com] ‘Sent: Friday, January 16, 2015 4:54 PM To: April McClure Ce: Rocky Killion; Bob Reiling Jr. Subject: Re: WLCSC - Board Meeting Document Request ‘Thank you, April ‘At the meeting, it was my understanding that the presentation file was given to the school corporation (on paper, and I assume digitally as well) and therefore made it a public document pursuant to IC 5-14-3-2 (0) "Public record” means any writing, paper, report, study, map, photograph, book, card, tape recording, or other material that is created, received, retained, maintained, or filed by or with a public agency and which is generated on paper, paper substitutes, photographic media, chemically based media, magnetic or machine readable media, electronically stored data, or any other material, regardless of form or characteristics. Was a copy of the presentation not given to the Board or Corporation (or its individuals) in paper or digital form? I would also consider the audio, since itis a record maintained by the school, to be another public record. ‘Thank you again for your attention to this request. I appreciate it. 5Have a good weekend, Zachary Baiel On Fri, Jan 16, 2015 at 3:16 PM, April McClure wrote: Hello Zach, ‘The Parking Lot presentation was not part of the board packet; it was simply an oral presentation from 1G. ‘The audio file request is under review by our attorney and | will have a response for you in a timely manner, Thank you April McClure \ RECEN ED Administrative Assistant to the Superintendent ‘West Lafayette Community School Corporation 765.746.1602 FEB 12 2015 f.265.746.1644 wownwawl 2.inaus PUBLIC ACCESS COUNSELOR yww.riseabovethemark.com From: Zachary Baiel [mailto:zachary.balel@gmall.com] Sent: Friday, January 16, 2015 3:01 PM To: April McClure Ce: Rocky Killion; Bob Reiling 3r. ‘Subject: Re: WLCSC - Board Meeting Document Request Good morning April, Thank you again. In my original request, I also asked for the audio from the December 17th meeting, Could you please also include KJG presentation for the Jr/Sr. High School Parking lot? appreciate your assistance on this, Take care, Zachary BaielOn Fri, Jan 16, 2015 at 1:30 PM, April McClure wrote: Hello Zach, Attached are the documents presented at the WLCSC Board Meeting on Jan 14, 2015. April McClure Administrative Assistant to the Superintendent West Lafayette Community School Corporation, . 765.746.1602 £.765.746.1644 www. wLk12.in.us www riseabovethemark.com | RECEIVED FEB 12 2015 PUBLIC ACCESS COUNSELORRocky DKten ‘Siberia ‘ADUaUSTRATION ona Shine, Papa et nan Sp Sh Dank 6 tbo Ac: Pe! jae 78 oS ‘Thy J Slate, Ast Pca al ee eS rock RTououlor ‘reer gS mbar A Bowen, ri ‘inetittinray S00 Magar! Panes, Pcp pp ioe Sonar Seat Rose. slet pect sah Domhonnte ames ¢-Tyre Tatbene mer ay 8 woot ‘ede Doss ‘204R0 OF SCHOOL ‘TRUSTEES Nan nai Prod! avon. Singer Veorasont ‘Bradey WMaty Sui Ban ite ‘ans B Sauter ‘Thomas H Sebo. see ache Moms 1130 Nor Salisbury Street - West Lafayette, Indiana 47908-2447 (765) 746-1602 + FAX (765) 746-1644 + wow, wik12in.us REQUEST FOR DISCLOSURE OF PUB! SPCEIVED PLEASE PRINT F312 2015 Your Name: UNSELOR Your Address: Your Tek Numb ‘our Telephone Number: 6. 477 e709 Date of Request: 2014-10-07 Time of Request: __1PM. AM. PM. Please specifically identity the record(s) requested: (May also use other side) fig tga eng Rdigital copy of the board packet for the October 8th, 2014 —_— —$_$ $$ —$——$$— This is a request to allow me to inspect the record(s) digital x to allow me to copy the record. | understand that | must pay a photocopy fee before the record can be copied. DO NOT WRITE BELOW THIS LINE. FOR OFFICE USE ONLYRocky 0.1m Sipodasant a AcvensTRATION Ronald. Sir, Pcs Meu ne Doria. baum Aves Ppa Waser 8 St “Tint 4. Sar, at Pat ones Se ‘BOARD OF SCHOOL ‘ruses ‘Aan Kare Koc Spas Bey W. Maroy Seer ‘RECEIVED West Lafayette Commumity School C oratior£E8 12 2015 REQUEST FOR DISCLOSURE OF PUBLIC RECORDS PLEASE PRINT Your Name: Zachary Baiel Your Address: 124 Connolly St. West Lafayette, IN 47906 Sse Your Telephone Number: 765-477-1870 jlastststd fasta tots siaaadatotsceipunisaaiotone pnisaaaaiannantmasaseonnoussesncoaiocony nae Time of Request: 2PM. AM. PM. Please specifically identity the record(s) requested: (May also use other side) Date of Request: ‘Agenda Items for the October 8°, 2014 School Board Meeting: Minutes of September 10, 2014 Regular meeting, IDOE Grades, Facilities Plan Update, School Board Policy, Adoptions of Budgets, CPF Plan and Transportation, ADM Update, ‘Technology/Equipment Recycling, 2015-2016 Academic Calendar, Addition to the Jv/Sr High School Handbook, Donation Acceptance, Personnel Report, Accounts Payable Vouchers This is a request to allow me to inspect the record(s) E Forg digital copy of the record Cae Son Che soeee | understand that | must pay a photocopy fee before the record can be copied. DO NOT WRITE BELOW THIS LINE. FOR OFFICE USE ONLY —_ Date/Time Request Received: Disposition Date/Time: SR ECs eree ees eeee Eee CsLserEeCeeeLaeseeeeeeeeameaeeEeSEE SC SeesEECE Ey Name of Person Fulfilling Request: Disposition of Request:“RECEIVED West Lafayette Community School a2 205 Rocky BKaon Sinead Seas ADMASTRATION ona Shine, spe Weal iS gh Dans Wobaum. Ace Pict WL Se Tit J. Staute, Ast np estab sis agree! Broek Tenlukan ee Des ‘eaten 8 gp Scot inka A Bowers, Pino ‘inti wey St Margaret Paros, Peco a se Senay Se! Ross Set ‘Aes Snr Say Dhan iter Distr Dae James Tyne ‘eae tir Larry R Wood Fetes eer ‘BOARD OF SCHOOL ‘TRUSTEES. ‘an Karle Preset avons. Seng Bradley W. Marley Somer Bron 5. toe Meter inne B. Sautat eos ‘Thomas Sehot Mone acho We tars 41130 North Salsbury Steet - West Lafayette, Indiana 4 (765) 746-1602 + FAX (765) 746-1844 + www wh K12. asf access Selena REQUEST FOR DISCLOSURE OF PUBLIC RECORDS PLEASE PRINT Your Name: — Zechary Baiel Your Address: 12+ connoty He eae ance see Eee cece eee Your Telephone Number: 777187 TEER et AEPEECE Ce eee eeeecemee eee eee POvatety 355 PH Time of Request: AM. P.M. Please specifically identity the record(s) requested: (May also use other side) Date of Request: School board or superintendent reports or summaries, Minutes of October 8, 2014, Regular Board Meeting, Academic Achievement - Gearing Up for ‘Success, Academic Achievement - IDOE Grades, Schoo! Board Policy - Second Reading, ADM Update, Common School Fund Award Acceptance, School Board Policy - First Reading, Group Insurance Renewal, Insurance Consultant Renewal, Section 125 Vendor, Study Coalition Resolution, Personnel Report, Accounts Payable Vouchers This is a request to allow me to inspect the record(s) x to allow me LS ESpy the record. | understand that | must pay a photocopy fee before the record can be copied. DO NOT WRITE BELOW THIS LINE. FOR OFFICE USE ONLY i Date/Time Request Received: seve CEe eee ReeReeReS eee RESELLER Disposition Date/Time: Name of Person Fulfilling Request: Disposition of Request: SESS Reser SHEER EE Le es Ceee eee eres‘ecko, Ettore Sets pounusreaTion Rows. Sher. cea tata eh eed Dia 5. Wlbur Ane Pst Meaty Se! Testy iu fo eo oats Se! Bech Tain tin ese ‘maa Bowers, Pt ‘Same chery Sea argu Pass, Pps ‘yet cent RoasL Soat ‘st See {all Donba ier Bite omep Jaman. Pendens ce Reed Flr omer ‘BonRo oF scHoOL ‘rusrees, ‘an Krgee Yon. Seno Sad. ar —_ Br. ‘ime 8. Sutar ‘Thames Sebo acl Wet fer West Lafayette Community School 1190 North Selsbury Steet. - WestLafayeto, diana 479082447 | (768) 748-1602 » FAX (785) 746-1644 + wwr.wi.k12inus REQUEST FOR DISCLOSURE OF PUBLIC RECORDS PLEASE PRINT Your Name: zachary Baiel Your Address: 124 Connolly St. West Lafayette, IN 47906 Geese tas eee seeseeeecececeseeeeRee sere ea Your Telephone Number: 765-477-1870 Sesser gee eee seeeeeeeeceeaeeeeeee CES Date of Request: 2014-12-12 Time of Request: PM. Please specifically identify the record(s) requested: (May also use other side) ‘Any board or superintendent reports and enclosures, deft et. for the following tems mentioned on the Dec. 17, 2014 School Board meeting agenda: Academic Achievement~ Academic Performance Grant, Board Policy ~ Second Reading, Renewal Property & Liability Insurance, ix t Coalition, “Aciministrative Assistance Renewal, Forecast 5 Software, Student Management System, WVEC ‘Agreement, Acceptance of Bid, Approval of Grans, Diecor of Technology Concept, Donation ‘Aecepcance, Personne! Report, Accounts Payable Summary, Accounts Payable Line-item detalls for the Month of November This is a request to allow me to inspect the record(s) x Foglia copy of he record ngerstand that | must pay a photocopy fee before the record can be copied. DO NOT WRITE BELOW THIS LINE. FOR OFFICE USE ONLY i EE Date/Time Request Received: Sasso eH eae ees eaeeeeLHeeeesLeseeeeCeeeLaeseeeeLeeeaaeaeeeeSee Se eseseECELEEay Disposition Date/Time: ‘Name of Person Fulfilling Request: Disposition of Request:West Lafayette Community School Corporation Reet D-Kton ‘Sst of Schou ‘ADMINISTRATION otal Say, Pct Weasyade ses igh Sok Deni Walbaum Asn Prob! Wester gh con ‘Timo Slates, Ast rept Weta nse Brock Tovoukon ‘os ree ests 8 Hho ‘Kinde A, Bowors, cat Cansend emery Shee Margaret Psaros, tcp! py own Rowe, Sot ‘eel sented Sly Downham Miler Diet Datpre! James 6. Tyner Fae sn se Lary. Wood Fea [BOARD OF SCHOOL TRUSTEES, ‘Alen Karp ‘aioe Karo 8, Springer err ‘Bradley Waray ‘see Baan Biter anos Dianne B. Sauter Senter ‘Thomas, Shot Racha 0 et ents “1130 North Salsbury Steet + West Lafayette, Indiana 47906-2447 (765) 746-1602 + FAX (765) 746-1644 + wwwwvhkc2inus REQUEST FOR DISCLOSURE OF PUBLIC RECORDS PLEASE PRINT | RECEIVED Your Name: Zachary Baiel FEB 12 2015 Your Address: 124 Connolly St. West Lafayette, IN PUBLIC ACCESS COUNSELOR Your Telephone Number: 785-477-1870 Date of Request: 2015-01-11 Time of Request: 8:20 A.M. Please specifically identify the record(s) requested: (May also use other side) Minutes from the December 17th 2014 meeting, audio from the December 17th, 2014, Any information to the board, Board and Superintendent Reports or suramaries. January 14* School Board Kems: Academic Achievement - Four Star Status, Academic Achievement - ‘Graduation Rate/School Grades, Facilities Project - JRSR High School Parking Lot, Resolution ~ ‘Additional Check Runs, Resolution - Appropriation Transfers, Personnel Report, Accounts Payable ‘Vouchers This is a request to allow me to inspect the record(s) __x____ toallow me a digital copy of the record. | understand that | must pay a photocopy fee before the record can be copied. DO NOT WRITE BELOW THIS LINE. FOR OFFICE USE ONLY _—_—_——————— — Date/Time Request Received: Disposition Date/Time: ‘Name of Person Fulfilling Request: Disposition of Request:Rocky. Killen Sipahienst ett ‘onenusTRATION ora She Pb! Witney Seat Dana Wats, Ac ins Mesa fs Se “Thay Slater, st Po Weettobpieace en Soa Breck Toulon ont ee Kinbeiy A. Bowers, Ponta rmbt oes Se! Margaret Pareto apy ow Eee Ste Rose. soat ‘ea ees Saty Dowaham ter Dine Dneope Janes Tyne Pan Sov rer venta BOARD OF soHOOL, ‘rustees, ‘AR Karlee Keron 8. Springer Bradley W. Morey Seu Biante Dingo Sauter “Thomas HS Tee acta oe +1130 North Salsbury Stiest - West Lafayette, Indiana 47906-2447 (785) 746-1602 » FAX (765) 746-1644 + wonw.wi k12,in.us REQUEST FOR DISCLOSURE OF pus HERERO EY ED PLEASE PRINT Fea 12 2015 Your Name: Zachary Baiel COUNSELOR Your Address: 124 Connolly St. West Lafayette, IN 473 Your Telephone Number: 765-477-1870 ee aeReEeeS Tere Eee eee 2015-02-08 time of Request: &S0AM_ AM, PM. Please specifically identify the record(s) requested: (May also use other side) Date of Request: “Any board, superintendent, or school corporation reports and enclosures, drafts, etc. forthe following, items: February 2015 Personnel Report, January 2015 Accounts Payable Summary, Accounts Payable Line-ltem details for the Month of January, Fix-It Coalition Letter mentioned at January 2015 school board meeting, January 2015 meeting minutes This is a request to allow me to inspect the record(s) Fora digital cc J understand that | must pay a photocopy fee before the record can be copied. DO NOT WRITE BELOW THIS LINE. FOR OFFICE USE ONLY —_—— Date/Time Request Received: Disposition Date/Time: Name of Person Fulfilling Request: PE sara ae EeCece ce eeecececeeseeeeceee eee Disposition of Request:Rocky Dillon Sipetniendent of Sooo BOARD OF ScHOOL ‘TRUSTEES ‘Alan Karp Pete Karen . springer Veet Bradley W. Maroy Semy Ban 3. Bitar ese Dianne 8. Sauter Neer ‘Thomas H, Schott Meter ‘Racha 0. Wit enter West Lafayette Community School Corporation 7130 North Salisbury Street _ West Lafayette, Indiana 47906-2447 (765) 746-1602 + FAX (765) 746-1644 + www.wi.k12.inus January 30, 2015 Robert C. Reiling, Jr = a Renaissance Place — Sixth Floor 250 Main Street, Suite 601 RECEIVED P.O. Box 280 Lafayette, IN 47902-0280 ben 19 7819 Dear Mr. Reiling, PUBLIC ACCESS COUNSELOR On Thursday, January 29, 2015, I inspected the hard drive audio recorder located at the Floyd Administration Center, 1130 N. Salisbury Street, West Lafayette, IN. Upon my inspection, I found there are at least four audio files contained on that device which includes the January 14 School Board meeting. The other audio files contained on the hard drive are from internal meetings that are discretionary audio files not subject to public access. The specific request from Mr. Baiel to obtain a copy of the January 14 Board would require someone finding the start and stop locations of that specific file, extracting that file, converting thet file to an mp3 format, and the superintendent's administrative assistant time to review the file. One of my technology specialists, Mr. Mark Boyd, will assist me in preparing a visual/audio explanation of the process for better understanding, Since the departure of Mr. Baiel as a technology employee of the West Lafayette School District in October 2015, he has submitted multiple public records requests, inundated April McClure (superintendent's administrative assistant) and me with scores of emails and several telephone calls, and has attended at least two school board meetings where in one of the meetings, spoke to the Board about agenda items. Also, he has on several occasions contacted school board members by calling them at home, To date, I estimate ‘Mrs. McClure and I have spent nearly 20 hours of collective time working on his multiple requests and responding to his communications. To date, we have yet to deny him any of his requests. We have informed him of the reasonable processes he must follow to obtain the requested information that is a public record including the process by which he can receive the audio file of the January 14, 2015 School Board meeting. Respectfully submitted, . EXHIBIT y(n ee Hoy Rocky < Superintendent of Schools The West Lafayette Community School Corporation