PETITION TO COMPEL DISCLOSURE OF PUBLIC RECORDS -1-

Wm. Breck Seiniger, Jr. (I.S.B. No. 2387) SEINIGER LAW 942 Myrtle Street Boise, Idaho 83702 Voice: (208) 345-1000 Fax: (208) 345-4700 Attorneys for the Plaintiffs

IN THE DISTRICT COURT FOR THE FIFTH JUDICIAL DISTRICT OF THE STATE

OF IDAHO, IN AND FOR BLAINE COUNTY

Pamela Plowman, Barbara Browning, and the Coalition for Blaine County School District Accountability Petitioners,

vs.

Blaine County School District #61, GwenCarol Holmes. Respondents.

Case No. PETITION TO COMPEL DISCLOSURE OF PUBLIC RECORDS Fee Category: L(3)

The petitioners, Pamela Plowman, Barbara Browning, and the Coalition for Blaine

County School District Accountability, through their attorney Wm. Breck Seiniger, Jr., and

petition this Court for judicial review of a local government action under Idaho Rule of Civil

Procedure 84(a), and under Idaho Code §§74-115 and 74-116 for an order compelling

Respondent Blaine County School District #61 (hereinafter “Blaine County School District”) to

make public records available for inspection, and in support of their petition state as follows:

ISSUES FOR JUDICIAL REVIEW

1. Have Respondents complied with the requirements of the Idaho Public Records Act?

2. Is Respondent Blaine County School District allowed to charge $3,210.00 to produce 704

PETITION TO COMPEL DISCLOSURE OF PUBLIC RECORDS

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identified emails?

3. Are phone records maintained by Respondent Blaine County School District’s phone service

providers (the data from which such records having been generated by Respondent’s use of

its office and mobile phones) public records?

4. Are Respondents custodians of those phone records under Idaho Code § 74-101(3) given that

Respondent Blaine County School District has authorized access to those records?

5. Is Respondent Blaine County School District sheltered from the requirement to produce

public records maintained by a third-parties with whom it has contracted for phone services,

given the prohibition contained in Idaho Code §74-102(13)?

PARTIES, JURISDICTION AND VENUE

6. Petitioner Pamela Plowman is a natural person residing within the Blaine County School

District #61, in Blaine County, Idaho.

7. Petitioner Plowman was a “requester” requesting examination and/or copying of public

records pursuant to I.C. § 74-102, with respect to the public records described herein.

8. Petitioner Barbara Browning is a natural person residing within the Blaine County School

District #61, in Blaine County, Idaho.

9. Petitioner Browning was a “requester” requesting examination and/or copying of public

records pursuant to I.C. § 74-102, with respect to the public records described herein.

10. Petitioner Coalition for Blaine County School District Accountability is a group of

individuals who are residents of Blaine County who have an interest in the financial

accountability of Respondent Blaine County School District and the public records sought by

the Public Records requests described herein.

11. Respondent Blaine County School District, is a “local agency” and a “public agency” within

PETITION TO COMPEL DISCLOSURE OF PUBLIC RECORDS

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the State of Idaho as defined by and subject to the applicable provisions of Idaho Code Title

74 – Transparent and Ethical Government, Chapter 1 – Public Records Act.

12. Respondent Blaine County School District had authorized access to all of the records that are

the subject of this litigation requested by Petitioners Plowman and Browning.

13. At all relevant times herein Respondent Blaine County School District was a “custodian” as

defined by Idaho Code §74-101(3) of all public records of activities in her official capacity as

a public official to which it had “custody of, control of, or authorized access.”

14. At all relevant times herein, Respondent Holmes was the superintendent of Respondent

Blaine County School District.

15. At all relevant times herein, Respondent Holmes was a “public official” as defined by and

subject to the applicable provisions of Idaho Code Title 74 – Transparent and Ethical

Government, Chapter 1 – Public Records Act.

16. Respondent Holmes had authorized access to all telephone records of her personal phone(s)

used during the period of time covered by the requests that are the subject of this litigation.

17. Respondent Holmes had authorized access to all telephone records of her institutional (Blaine

County School District) office and mobile phone(s) used during the period of time covered

by the requests that are the subject of this litigation.

18. At all relevant times herein, Respondent Holmes was a “custodian” as defined by Idaho Code

§74-101(3) of all public records of activities in her official capacity as a public official to

which she had “custody of, control of, or authorized access.”

19. This Court has jurisdiction pursuant to Idaho Code §74-115.

20. Venue is proper in Blaine County pursuant to Idaho Code §74-115.

PUBLIC RECORD REQUESTS AND RESPONSES

21. Beginning on December 16, 2015, Petitioners Plowman and Browning made a series of

PETITION TO COMPEL DISCLOSURE OF PUBLIC RECORDS

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public record requests pursuant to Idaho Public Records Act. Those record requests are

summarized in the tables set forth in Exhibits A and B attached hereto. Exhibits 1-10,

referenced in Exhibit A, are also attached hereto.

22. Exhibit A is a table generated by the website for Respondent Blaine County School District.

The red exhibit numbers added to Exhibit A correspond to Exhibits 1 through 10 attached to

this Petition.

23. Exhibit B is a summary of the requests for public information and the responses to those

requests that are the subject of this litigation.

24. More than 10 days have passed since each of the requests was made. Therefore, to the extent

that any portion of these requests has not been produced or expressly denied, petitioners’

requests are deemed denied under Idaho Code §74-103(2).

25. On December 16, 2015 Petitioner Pamela Plowman served a request on Respondents for

“The cell phone and office phone billing records for Respondent Holmes for the dates Sept.

1st to present. Also the cell phone and office phone records of John Blackman and Heather

Crocker for the dates Oct. 1st to present. If these records aren't split down to individuals,

please provide the larger group bill records which include these individuals.” See Exhibit 1

attached hereto.

26. Respondents’ incomplete response to this request is contained in Exhibit 2 attached hereto.

27. On December 23, 2015, Petitioner Pamela Plowman served a request on Respondents for

“Requested Information: Hi Lauri, Actually, there still is a problem. What the document is

lacking is the 'details' portion of GwenCarol Holmes' phone bill, as follows the bills for John

Blackman and Heather Crocker. Could you please include that in the public response

document?” See Exhibit 3, attached hereto.

PETITION TO COMPEL DISCLOSURE OF PUBLIC RECORDS

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28. Respondents’ incomplete response to this request is contained in Exhibit 4 attached hereto.

29. On January 25, 2016, Petitioner Pamela Plowman served a request on Respondents for “The

records of any email exchanges between Prosecuting Attorney Jim Thomas and Respondent

Holmes or Attorney Adam King during the period of November 2015 to January 2016.” See

Exhibit 5, attached hereto.

30. Respondents’ incomplete response to this request is contained in Exhibit 8 attached hereto.

31. On January 25, 2016, Petitioner Barbara Browning served a request on Respondents for

“[T]he complete bills for all telephones in the BCSD administration building for the time

period Sept. 1, 2015 through today, Jan. 25, 2016.” See, Exhibit 6 attached hereto.

32. Respondents’ incomplete response to this request is contained in Exhibit 9 attached hereto.

33. On January 26, 2016, Petitioner Pamela Plowman served a request on Respondents for

“Phone records for both Superintendent Holmes' cell phone and the overall district office

phone records from Sept. 1st to present.” See Exhibit 7, attached hereto.

34. Respondents’ incomplete response to this request is contained in Exhibit 10 attached hereto.

35. On January 27, 2016, Petitioner Pamela Plowman served a request on Respondents for “all

email correspondence that has occurred between County Prosecuting Attorney Jim Thomas

and School District administrators, district trustees, and/or the district's attorney; between

Nov. 24, 2015 and the present.” See Exhibit 8, attached hereto.

36. Respondents’ incomplete response to this request is contained in Exhibit 9 attached hereto.

ADDITIONAL FACTS

Withheld Emails

37. On January 25, 2016, Petitioner Plowman requested copies of email exchanges between

Prosecuting Attorney Jim Thomas and Respondent Holmes or Attorney Adam King during

PETITION TO COMPEL DISCLOSURE OF PUBLIC RECORDS

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the period of November 2015 to January 2016.” See Exhibit 5, attached hereto.

38. On January 27, 2016, Petitioner Plowman requested copies of “all email correspondence that

has occurred between County Prosecuting Attorney Jim Thomas and School District

administrators, district trustees, and/or the district's attorney; between Nov. 24, 2015 and the

present.” See Exhibit 8, attached hereto.

39. Respondents responded that it had identified 704 emails that were responsive to those

requests, but that Petitioner Plowman would be required to pay $3,210.00 to obtain copies of

those emails. Implicit in the response was the position of the Respondents that those emails

would only be produced in hard copies and not in a searchable electronic format.

40. Despite the fact that emails can simply be put on a computer disk at little expense,

Respondent Blaine County School District insists that Petitioner Plowman pay for printing of

those emails. However, Petitioner Plowman needs to obtain these emails in electronic format

so that they are electronically searchable.

The Blaine County School District Phone System

41. At all relevant times herein, Respondent Blaine County School District maintained a system

of physical phones located within the various buildings in which the Blaine County School

District and its schools conduct business. This system is referred to hereafter as “the Blaine

County School District phone system.”

42. At all relevant times herein, Respondent Blaine County School District maintained an

account or accounts with another entity for “land line” phone service provided to the Blaine

County School District phone system.

43. The service provided to Blaine County School District phone system is referred to hereafter

as “Blaine County School District phone service.”

PETITION TO COMPEL DISCLOSURE OF PUBLIC RECORDS

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44. Blaine County School District phone service was used by its employees, including

Respondent Holmes, John Blackman and Heather Crocker.

45. Information sufficient to identify all incoming and outgoing calls to and from the extensions

of the Blaine County School District phone system used by Respondent Holmes, John

Blackman and Heather Crocker is generated by the employees of Respondent Blaine County

School District automatically within the records of Blaine County School District phone

service provider(s) when those extensions are used.

46. Upon information and belief, the Blaine County School District phone service provider(s)

automatically record the numbers of all unblocked incoming calls received by the Blaine

County School District phone system.

47. Upon information and belief, the Blaine County School District phone service provider(s)

automatically record the numbers of all outgoing calls placed using phones that are a part of

the Blaine County School District phone system.

48. Respondent Blaine County School District uses the information recorded by the Blaine

County School District phone service provider(s) as the basis for the billings for services

made by those providers.

49. Upon information and belief, Respondent Blaine County School District uses the information

recorded by the Blaine County School District phone service provider(s) for other purposes

when from time to time it requests such information.

50. Respondent Blaine County School District has authorized access to records of the phone calls

made and received by its employees using the Blaine County School District phone service.

51. Upon information and belief, Respondent Blaine County School District can obtain, upon

request, authorization to access requested records of the phone calls made and received by its

PETITION TO COMPEL DISCLOSURE OF PUBLIC RECORDS

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employees using the Blaine County School District phone service.

52. Upon information and belief, the provider(s) of Blaine County School District phone service

will provide the information requested by Petitioners described herein to Respondent Blaine

County School District at no charge in electronic format if they are requested to do so.

53. Respondent Blaine County School District is a “custodian” of the records automatically

generated by the Blaine County School District phone service provider(s) because it has or

can obtain, upon request, authorized access to the relevant requested records that are the

subject of this litigation.

54. Respondent Blaine County School District is a “custodian” of the records automatically

generated by the Blaine County School District phone service provider(s) because it has

control of those records by virtue of the fact that it has the right and power to obtain copies of

those records.

55. Upon information and belief, the automated record keeping system of the Blaine County

School District phone service provider(s) can provide the information sought by requesters

without significant expense if requested to do so by Respondent Blaine County School

District.

56. Petitioner Plowman requested copies of the billings for all office telephones used by

Respondent Holmes for the dates September 1 to December 16, 2015, and the office phone

records of John Blackman and Heather Crocker for the dates October 1, 2015 to December

16, 2015. See Exhibit 1, attached hereto.

57. Respondents did not provide any records in response to this request, claiming that it did not

have a document that listed phone billing records for individual office phones, but noting that

the document could be created from its existing phone system by its technology department

PETITION TO COMPEL DISCLOSURE OF PUBLIC RECORDS

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in a readable format requiring an estimated six hours at a cost of $376.62. See Exhibit 2,

attached hereto.

58. Upon information and belief, the information requested can be obtained upon request by

Respondent Blaine County School District at no charge.

59. Petitioner Browning requested copies of the billings for all telephones in the Blaine County

School District building for the time period of September 1, 2015 through January 25, 2016.

See Exhibit 6, attached hereto.

60. Respondents did not provide any records in response to this request, claiming that it did not

receive itemized phone billing records for the main administrative number, but noting that

the document could be provided in a readable format requiring an estimated nine hours at a

cost of $488.57. See Exhibit 10, attached hereto.

61. Respondents did not indicate that they had checked with the Blaine County School District

phone service provider(s) to see if it had the information requested.

62. Petitioner Plowman requested copies of the billings for the overall Blaine County School

District office phone records for the dates September 1, 2015 to January 26, 2016. See

Exhibit 7, attached hereto.

63. Respondent Blaine County School District responded by referring Petitioner Plowman to

requests for the “same information” dated December 16, 2015 (Exhibit 1) and December 23,

2016 (Exhibit 3). See Exhibit 7(A), attached hereto.

64. The requests contained in Exhibits 1 and 3 are not the same as the request contained in

Exhibit 7.

65. Exhibit 7 requests records for a longer period of time, and requests all phone records.

66. Exhibit 7 requests “the overall district office phone records from Sept. 1st to [January 26,

PETITION TO COMPEL DISCLOSURE OF PUBLIC RECORDS

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2016]” which presumably would not require any manipulation, categorization, or other IT

work to produce.

The Blaine County School District Verizon Wireless Mobile Phone Accounts

67. At all relevant times herein, Respondent Blaine County School District maintained an

account or accounts with Verizon Wireless for mobile phones for Respondent GwenCarol

Holmes, John Blackman, and Heather Crocker.

68. Upon information and belief, Verizon Wireless maintains detailed calling records for each

month in question, and these available to the Blaine County School District. These records

can be obtained without cost to the Blaine County School District and can be accessed on-

line by any “authorized person” for the Blaine County School District.

69. The detailed phone records of Verizon Wireless for Respondent Blaine County School

District are public records within the meaning of I.C. §74-101(13) in that they contain

“information relating to the conduct or administration of the public's business prepared,

owned, used or retained by Respondent Blaine County School District.

70. Respondent Blaine County School District uses the information recorded by Verizon

Wireless as the basis for the billings for services made by it.

71. Upon information and belief, Respondent Blaine County School District uses the information

recorded by Verizon Wireless for other purposes when, from time to time, it requests such

information.

72. Respondent Blaine County School District has authorized access to records of the phone calls

made and received by its employees using Verizon Wireless.

73. Upon information and belief, Respondent Blaine County School District can obtain, upon

request, authorization to access requested records of the phone calls made and received by its

PETITION TO COMPEL DISCLOSURE OF PUBLIC RECORDS

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employees using Verizon Wireless.

74. Upon information and belief, Verizon Wireless will provide the information requested by

Petitioners described herein to Respondent Blaine County School District at no charge in

electronic format if they are requested to do so.

75. Respondent Blaine County School District is a “custodian” of the records automatically

generated by Verizon Wireless because it has or can obtain upon request authorized access to

the relevant requested records that are the subject of this litigation.

76. Respondent Blaine County School District is a “custodian” of the records automatically

generated by Verizon Wireless because it has control of those records by virtue of the fact

that it has the right and power to obtain copies of those records.

77. Upon information and belief, the automated record keeping system of Verizon Wireless can

provide the information sought by requesters without significant expense if requested to do

so by Respondent Blaine County School District.

78. Petitioner Plowman requested copies of the billings for all mobile phone records for

Respondent Holmes for the dates September 1, 2015 to December 16, 2015, and the mobile

phone records of John Blackman and Heather Crocker for the dates October 1, 2015 to

December 16, 2015. See Exhibits 1 and 3, attached hereto.

79. In response, Respondent Blaine County School District provided these records for John

Blackman and Heather Crocker, but provided only a summary for Respondent l Holmes. See

Exhibit 2, attached hereto.

80. Petitioner Plowman requested copies of the billings for all mobile phone records for

Respondent Holmes for the dates September 1, 2015 to January 26, 2016. See Exhibit 7,

attached hereto.

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81. Respondents responded by referring Petitioner Plowman to requests for the “same

information” dated December 16, 2015 (Exhibit 1) and December 23, 2016 (Exhibit 3). See

Exhibit 7(A), attached hereto.

82. The request for mobile phone records of Respondent Holmes contained in Exhibits 1 and 3 is

not the same as the request contained in Exhibit 7, as Exhibit 7 requests records for a longer

period of time.

83. Upon information and belief, a detailed report of the use by Respondent Holmes of her

mobile phone (summarized in Exhibit 2) is available to her without charge, but has not been

requested by Respondents.

Petitioner Browning’s Good Faith Attempts To Urge Respondents To Comply With

The Idaho Public Records Act

84. Following up on the response to the initial December 16, 2015 public records request,

Petitioner Browning wrote to Respondent Holmes concerning the fact that the detailed phone

records for John Blackman and Heather Crocker had been provided but not those for

Respondent Holmes. See email #1, Exhibit 11, attached hereto.

85. Respondent Blaine County School District’s Business Manager/Treasurer, Mike Chatterton,

responded to Petitioner Browning advising her that she had been provided with the actual

billing from the cellular phone provider that was in the possession of the Blaine County

School District.

86. Upon information and belief, Mr. Chatterton made no attempt to obtain an electronic copy of

any records from the cellular provider, Verizon Wireless.

87. Petitioner Browning responded to Mr. Chatterton informing him that she had spoken to a

representative of Verizon Wireless who informed her that detailed calling records existed for

each month in question, and were available to the Blaine County School District.

PETITION TO COMPEL DISCLOSURE OF PUBLIC RECORDS

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88. These records could be accessed on-line by any “authorized person” for the Blaine County

School District.

89. The correspondence between Petitioner Browning and Mr. Chatterton continued and she

advised him that Verizon Wireless had told her that there was no possible way for anyone to

block their detail calls from being viewed by an “authorized person” on the account. A copy

of the email confirming that detail records existed for the number used by Respondent

Holmes, (208) 481-1795, is attached hereto as Exhibit 12. See also Exhibit 2, pages 2

through 5, attached hereto.

90. Petitioner Browning was informed by Verizon Wireless, and therefore alleges upon

information and belief, that every employee’s itemized calls are available online every month

and can be viewed by an “authorized person.”

ATTORNEY CERTIFICATION

91. As required by Idaho Rule of Civil Procedure 84(d), Respondents’ attorney certifies that:

(a) There was no heading, case caption, or other designation of the agency action for which

judicial review is sought by this petition;

(b) There was no hearing or oral presentation before the agency;

(c) The Petitioners assert the issue that the Respondents have improperly withheld a public

record from members of the public under the Idaho Public Records Law;

(d) There is not a transcript and none is requested.

(e) Service of this petition has been made upon Respondent Blaine County School District.

WHEREFORE, the Petitioners prays for relief as follows:

1. For a hearing set in this matter at the earliest possible time, and in no event beyond 28

calendar days from the date of the filing of this petition.

PETITION TO COMPEL DISCLOSURE OF PUBLIC RECORDS

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2. For an order compelling Respondents to make the requested record immediately

available for inspection by the Petitioners.

3. For Petitioners’ costs and attorney’s fees incurred herein pursuant to Idaho Code §74-

116.

4. For payment of the penalty authorized by Idaho Code §74-117.

5. For such other relief as this Court deems just.

Dated June 8, 2016.

Wm Breck Seiniger, Jr.

Attorney for Petitioners

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on June 8, 2016, I caused to be served, by the method(s)

indicated, a true and correct copy of the foregoing upon:

Adam B. King

Attorney at Law

371 North Walnut Avenue, Suite A

P.O. Box 4962

Ketchum, Idaho 83340-4962

Fax: (208) 906-8698

Email: abk@ketchumlegal.com

Hand Delivery

X_ United States Mail (Certified)

_____ Express Mail

__ Fax Transmission

___X_ Email

Dated June 8, 2016.

Wm Breck Seiniger, Jr.

Attorney for Petitioners

5/8/2016 Blaine County School District: Request for Public Records

http://www.blaineschools.org/pages/Blaine_County_School_District/Board/Request_for_Public_Records 3/6

 What public records were requested and who requested them? 

Name ofRequester

Date ofRequest Records Requested Records Released

PamelaPlowman

April 30,2016

Request for contractual agreement between BCSD and Ray and Associates,Inc. for superintendent search team

Response to Request

BarbaraBrowning

April 27,2016

Request for payment records from Silverback Learning Response to Request

BarbaraBrowning

April 19,2016

Request for a list of all vehicles owned by BCSD Response to Request

Tim Rierdenand BethAndrews

April 17,2016 Request for administrative contract addendum and benefit rates Response to Request

Tim Rierdenand BethAndrews

April 17,2016

Request for 2015-16 and 2016-17 Professional Development budgetinformation Response to Request

BarbaraBrowning

April 14,2015

Request for Property Owned by BCSD Response to Request

PamelaPlowman

March 15,2016

Request for Carey School's enrollment  Response to Request

BarbaraBrowning

February10, 2016

Request for the number of tablets purchased since January 1, 2015 Response to Request

BarbaraBrowning

February10, 2016

Request for number of copiers and printers owned by BCSD Response to Request

PamelaPlowman

January27, 2016

Request for Superintendent's prior dates of employment Response to Request

PamelaPlowman

January27, 2016

Request for email correspondence Response to Request

PamelaPlowman

January26, 2016

Request for Superintendent and District Office phone records Response to Request

BarbaraBrowning

January25, 2016

Request for BCSD administraton building telephone bills Response to Request

PamelaPlowman

January25, 2016

Request for email correspondence Response to Request 

BarbaraBrowning

January22, 2016

Request for Purchased Services budgeted legal fees Response to Request

PamelaPlowman

January19, 2016

Request for 12/01-12/03/15 email chain between Liz Corker and GwenCarolHolmes

Response to Request

BarbaraBrowning

January17, 2016

Request for Adam King billings Response to Request

PamelaPlowman

January14, 2016

Request for Trustee Zones 3 and 4 election information Response to Request

PamelaPlowman

December23, 2015

Second request for cell phone and office phone billing records Response to Request

RichardGouley

December16, 2015

Request for annual cost and benefits of GwenCarol Holmes' healthinsurance policy

Response to Request

RichardGouley

December16, 2015

Request for Lonnie Barber's severance agreement Lonnie Barber's Separation Agreementand Release

RichardGouley

December16, 2015

Request Superintendent GwenCarol Holmes' Resume Response to Request

PamelaPlowman

December16, 2015

Request for employee contracts Response to Request

PamelaPlowman

December16, 2015

Request for cell phone and office phone billing records Response and Verizon Documentation

JeremyFryberger

December15, 2015

Request for Emails 12.15.2015 timestamp 13:52:11 Response to Request

JeremyFryberger

December15, 2015

Request for Emails 12.15.2015 timestamp 13:53:15 Response to Request

JeremyFryberger

December15, 2015

Request for Emails 12.15.2015 timestamp 13:53:54 Response to Request

JeremyFryberger

December15, 2015

Request for Emails 12.15.2015 timestamp 13:54:34 Response to Request

EXHIBIT A

EXHIBIT B

TABLE SUMMARIZING RECORD REQUESTS

Date of

Request

Requesting

Party

Records Requested (In

Electronic Format)

Response to Request

December 16,

2015

Pamela

Plowman Mobile and Office Phone

Records: “The cell phone and

office phone billing records for

Superintendent Holmes for the

dates Sept. 1st to present. Also

the cell phone and office phone

records of John Blackman and

Heather Crocker for the dates

Oct. 1st to present. If these

records aren't split down to

individuals, please provide the

larger group bill records which

include these individuals.” See,

Exhibit 1 attached hereto.

See Exhibit 2 attached

hereto. No phone billing

records for land lines.

Mobile phone summary

for Holmes, detailed

mobile records for

Crocker and Blackman.

December 23,

2015

Pamela

Plowman Detail of Holmes Mobile Phone

Record: “Requested

Information: Hi Lauri, Actually,

there still is a problem. What the

document is lacking is the

'details' portion of GwenCarol

Holmes' phone bill, as follows

the bills for John Blackman and

Heather Crocker. Could you

please include that in the public

response document?” See,

Exhibit 3 attached hereto.

See Exhibit 4 attached

hereto. Referral to

response contained in

Exhibit 2.

January 25,

2016

Pamela

Plowman Email exchanges between

Homes or King and Blaine

County Prosecuting Atty.:

“The records of any email

exchanges between Prosecuting

Attorney Jim Thomas and

Superintendent GwenCarol

Holmes or Attorney Adam King

during the period of November

2015 to January 2016” See

Exhibit 5 attached hereto.

See Exhibit 9 attached

hereto.

January 25,

2016

Barbara

Browning

Office Phones: “Please provide

the complete bills for all

telephones in the BCSD

administration building for the

time period Sept. 1, 2015

See Exhibit 10 attached

hereto.

EXHIBIT B

through today, Jan. 25, 2016.”

See, Exhibit 6 attached hereto.

January 26,

2016

Pamela

Plowman Mobile and Office Phone

Records: I would like the phone

records for both Superintendent

Holmes' cell phone and the

overall district office phone

records from Sept. 1st to present.

See Exhibit 7 attached hereto.

See Exhibit 7(A)

attached hereto.

January 27,

2016

Pamela

Plowman

Email Correspondence: “all

email correspondence that has

occurred between County

Prosecuting Attorney Jim

Thomas and School District

administrators, district trustees,

and/or the district's attorney;

between Nov. 24, 2015 and the

present.” See Exhibit 8 attached

hereto.

See Exhibit 9 attached

hereto.

12/16/2015 Blaine County School District Mail -Request for Public Records Form Submitted

Amanda LaChance <amandalachance@blaineschools.org>

Request for Public Records Form Submitted 1 message

kmartin@blaineschools.org <kmartin@blaineschools.org> Wed, Dec 16, 2015 at 9:57AM To: kmartin@blaineschools .org, hcrocker@blaineschools .org, amandalachance@blaineschools .org

Timestamp:: 12/16/2015 9:57:34

Type of request: :: to receive an electronic copy

Requested Information: :: Will you please provide me with the cell phone and office phone billing records for Superintendent Holmes for the dates Sept. 1st to present.

Also the cell phone and office phone records of John Blackman and Heather Crocker for the dates Oct. 1st to present.

If these records aren't split down to individuals, please provide the larger group bill records which include these individuals.

Thank you.

Name of Person Requesting Public Records :: Pamela Plowman

Phone Number of Person Requesting Public Records ::

How do you want the requested information supplied to you? :: Email

Phone Number :•••••

https:J/mai l.google.com/mai l/u/Onui=2&i k= 175f03c2db&view= pt&search=i nbox&th= 151 abb9cefa82c0d&si m I= 151 abb9cefa82c0d 1/1 Exhibit 1

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1/11/201,6 Blaine County School District Mail- Request ror Public Records Form Submitted

Amanda LaChance <amandalachance@blaineschools.org>

Request for Public Records Form Submitted 3 messages

kmartin@blaineschools.org <kmartin@blaineschools.org> Wed, Dec 23, 2015 at 1:00 PM To: kmartin@blaineschools .org, hcrocker@blaineschools .org, amandalachance@blaineschools .org

Timestamp :: 12/23/2015 13:00:45

Type of request: :: to receive an electronic copy

Reques ted Information: ::Hi Lauri,

Actually , there still is a problem.

What the document is lacking is the 'details' portion of GwenCarol Holmes' phone bill , as follows the bills for John Blackman and Heather Crocker.

Could you please inc lude that in the public response document?

Thank you, Pamela

Name of Person Requesting Public Records :: Pamela Plowman

Phone Number of Person Requesting Public Records ::

How do you want the requested information supplied to you?:: Email

Exhibit 4

1/25/2016 Blaine County School District Mail- Request for Public Records Form Submitted

Amanda LaChance <amandalachance@blaineschools.org>

Request for Public Records Form Submitted

kmartin@blaineschools.org <kmartin@blaineschools .org> Man, Jan 25, 2016 at 4:39PM To: kmartin@blaineschools.org, hcrocker@blaineschools.org, amandalachance@blaineschools.org

Timestamp:: 1/25/2016 16:39:54

Type of request: :: to receive an electronic copy

Requested Information: :: I would like to see the records of any email exchanges between Prosecuting Attorney Jim Thomas and Superintendent GwenCarol Holmes or Attorney Adam King during the period of November 2015 to January 2016

Thank You.

Name of Person Requesting Public Records :: Pamela Plowman

Phone Number of Person Requesting Public Records ::

How do you want the requested information supplied to you? :: Email

https://m ail .google.com/mai 1/u/0/?ui= 2&i k= 175f03c2db&view= pt&search=i nbox&msg= 1527b28854e02d28&si m I= 1527b28854e02d28 1/1

Exhibit 5

1/25/2016 Blaine County School District Mai l - Request for Public Records Form Submitted

Amanda LaChance <amandalachance@blaineschools.org>

Request for Public Records Form Submitted 1 message

kmartin@blaineschools.org <kmartin@blaineschools.org> Mon. Jan 25, 2016 at 1:53 PM To: kmartin@blaineschools.org, hcrocker@blaineschools.org, amandalachance@blaineschools.org

Timestamp :: 1/25/2016 13:53:51

Type of request: :: to receive an electronic copy

Requested Information: :: Please provide the complete bills for all telephones in the BCSD administration building for the time period Sept. 1, 2015 through today, Jan. 25, 2016.

Name of Person Requesting Public Records :: Barbara Browning

Phone Number of Person Requesting Public Records ::

How do you want the requested information supplied to you? :: Email

Phone Number ::••••

Email Address :: .. ••••••~~r~

https://mai l.google.com/mail/u/O/?ui=2&i k= 175f03c2db&view=pt&search=i nbox&th= 1527a90826ebe35f&si m I= 1527a90826ebe35f 1/1

Exhibit 6

1/26/2016 Blaine County School District Mai l - Request for Public Records Form Submitted

Amanda LaChance <amandalachance@blaineschools.org>

Request for Public Records Form Submitted 1 message

kmartin@blaineschools.org <kmartin@blaineschools.org> Tue, Jan 26, 2016 at 8:04AM To: kmartin@blaineschools.org, hcrocker@blaineschools.org, amandalachance@blaineschools.org

Timestamp:: 1/26/2016 8:04:02

Type of request: :: to receive an electronic copy

Requested Information: :: I would like the phone records for both Superintendent Holmes' cell phone and the overall district office phone records from Sept. 1st to present.

Thank you.

Name of Person Requesting Public Records :: Pamela Plowman

Phone Number of Person Requesting Public Records ::

How do you want the requested information supplied to you?:: Email

Phone Number :: •••

Email Address :: - ~- --· · -- ~

- - -· - ... . .

https :1/m ai l.google.com/mai 1/u/0/?ui = 2&i k= 175f03c2db&vi ew= pt&search= i nbox&th= 1527 e 769b7678776&si m I= 1527 e 769b7678776 1/1

Exhibit 7

EXHIBIT 7(A)

1/27/2016 Blaine County School District Mail - Request for Public Records Form Submitted

Amanda LaChance <amandalachance@blaineschools.org>

Request for Public Records Form Submitted 1 message

kmartin@blaineschools.org <kmartin@blaineschools.org> Wed, Jan 27, 2016 at 10:25 AM To: kmartin@blaineschools .org, hcrocker@blaineschools .org, amandalachance@blai neschools. org

Timestamp:: 1/27/2016 10:25:40

Type of request: :: to receive an electronic copy

Requested Information: :: I would like to see all email correspondence that has occurred between County Prosecuting Attorney Jim Thomas and School District administrators, district trustees, and/or the district's attorney; between Nov. 24, 2015 and the present.

Thank you.

Name of Person Requesting Public Records :: Pamela Plowman

Phone Number of Person Requesting Public Records ::

How do you want the requested information supplied to you? :: Email

Email Address :: _. ••••• 11@!!111!11.,

https://mail.google.com/mail/u!O/?ui=2&ik=175f03c2db&view=pt&search=inbox&th=152841e9ecd00949&sim l=152841e9ecd00949 1/1

Exhibit 8

Exhibit 9

Regarding: Two Public Records Requests

• Request dated: 1/25/2016 Timestamp 16:39:64 • Request dated: 1/27/2016 Timestamp 10:25:40

Requesting:

• All email correspondence during the period of 11/24/15 to present between Prosecuting Attorney Jim Thomas and the District Leadership Team

• All email correspondence during the period of 11/24/15 to present between Prosecuting Attorney Jim Thomas and the Board of Trustees

• All email correspondence during the period of 11/24/15 to present between Prosecuting Attorney Jim Thomas and District Administrators

• All email correspondence during the period of 11/24/15 to present between Prosecuting Attorney Jim Thomas and Adam King

• All email correspondence during the period of 11/24/15 to present between Prosecuting Attorney Jim Thomas and GwenCarol Holmes

• All email correspondence during the period of 11/2015 to 1/2016 between Prosecuting Attorney Jim Thomas and Superintendent GwenCarol Holmes or Attorney Adam King

The emails that are privileged are those strictly between School District Attorney Adam King and School District staff.

According to policy, the costs to you for the remainder of the above-referenced records requests of approximately 704 emails are as follows:

• Estimated hours to extract, organize, process and print by Director of Technology: 24 x $45 per hour= $1,080

• Estimated hours to review and redact for personal/confidential information by John Blackman: 35 x $60 per hour= $2,100

• Estimated paper and printing of pages after the first 100: 604 x $.05 = $30.20

Two hours of staff time has already gone into compiling information for this request.

Total estimated prepayment of fees due for completion of request: $3,210

Exhibit 10

#1: Letter attached to an email from B. Browning to GC Holmes *********************************************************************

Dr. GwenCarol Holmes, Dec. 23, 2015

On December 16, 2015 a Public Records Request was filed with BCSD concerning phone records for you, among others. The response posted on the district website is not dated, but it

does provide part of the requested information.

Detailed records are provided for John Blackman and Heather Crocker, but not for you. Those details could easily have been posted at the same time the others were, but have been

omitted. Was this an oversight? If so, would you please remedy that situation right away?

Please see the pertinent sections of ID State Law on Public Records Requests, pgs. 15-16.

http://www.ag.idaho.gov/publications/legalManuals/PublicRecordsLaw.pdf

Excerpts:

A public agency has three (3) working days from the date of the receipt of the request to grant or deny the information.

. . . . .(agency is allowed to) notify the individual in writing that more time is needed, and then

grant or deny the request in whole or in part within ten (10) working days following the request.

If there is no response to the request, it shall be deemed to be denied within ten (10) working days. The 180-day period to seek court relief begins at that point.

It is required that a written denial be provided.

. . . . failure to respond in writing does not extend the time period for response.

The written denial for all or part of a request for information must state the statutory authority for the denial.

The original PRR was submitted on Dec. 16, 2015. Ten (10) working days from that date is Dec.

31, 2015. However, no written notification has been filed by BCSD that it needs longer than the

standard three (3) days to respond. Indeed, the partial information that was provided was supplied within the standard three (3) days. Therefore, it appears that this omission of the

detailed phone records for you must have just been a mistake. Will you please correct that mistake before the ten (10) days passes, when the request will be

deemed “denied” and a legal statutory reason must be given for that denial?

Thank you for your anticipated prompt response, Barbara Browning

**********************************************************************

Exhibit 11

5 #2:

*********************************************************************** From: Mike Chatterton <mike@blaineschools.org>

Thursday, December 24, 2015 at 5:05 AM To: Barbara Browning

CC: Board Clerk <amandalachance@blaineschools.org> GwenCarol Holmes <

Barbara,

The Statute also addresses existing documents the governmental agencies have. What I provided to you in the public

information request is the actual billing from our cellular phone provider. There are several employees who do not have the

associated call list history as was provided for both Heather Crocker and John Blackman. Dr. Holmes is one of those

employees. What was provided in the public records request is the only document that the School District has.

Mike

**********************************************************************************************

#3 ************************************************************************************************

Re: Public Records Request for phone records

From: Spence & Barb Browning Thursday, December 24, 2015 at 2:27 PM

To: Mike Chatterton mike@blaineschools.org CC: Amanda LaChance <amandalachance@blaineschools.org> GwenCarol Holmes

<gholmes@blaineschools.org> 'Pamela Plowman'

Mr. Chatterton,

Please note that this email includes a copy to Ms. Pamela Plowman, the originator of the Public

Records Request of Dec. 16, 2015 for the phone records of GwenCarol Holmes and two other BCSD employees. Ms. Plowman concurs with what I am saying to you.

You stated in your email to me (below) that you "provided the actual billing from the cellular

phone provider" and "what was provided . . . is the only document that the School District has." I'd like to remind you of the broad scope of what is covered by Idaho Public Records Request

Law: Per the Manual prepared by ID Attorney General Wasden, dated July 2015, pg. 5:

“Public record,” as defined by the Idaho Code, is an extremely broad concept. It “includes, but is

not limited to, any writing containing information relating to the conduct or administration of the public’s business prepared, owned, used or retained by any state agency, independent public

body corporate and politic or local agency regardless of physical form or characteristics.” “Writing” means information maintained in many forms, including typewritten or hand written

documents as well as pictures, maps, tapes, magnetic or punched cards, and computer media. E-mail and texts are considered public records and are subject to the same laws as any other

public record.

You also stated "There are several employees who do not have the associated call list history as

was provided for Heather Crocker and John Blackman. Dr. Holmes is one of those employees."

I spoke to Verizon this morning. The BCSD Verizon account number is available on the summary pages provided as public records, and Dr. Holmes' cell phone number is also.

I now possess an email from that Verizon employee who pulled the phone records for Dr. Holmes'

phone. He said there are detailed calling records on the bills for each month in question, for the phone number that belongs to Dr. Holmes' cell phone. He told me he was reading from the actual

bills that BCSD received. Of course, I told him the circumstances surrounding this request, and

that I was definitely NOT asking him to reveal any specifics about the itemized calls listed. I simply wanted to know that those lists do exist, and whether they were included with each

month's bills. His email to me specifically addresses those lists of itemized calls for the months of

Exhibit 11

6 September, October and November 2015.

It appears that what you stated in your email to me this morning is simply not true. Do you have

an explanation for this?

If you have suddenly discovered that you made a mistake, and those itemized call records are available after all, for Dr. Holmes cell phone, I strongly recommend that you comply with the

legally binding Public Records Request, immediately. Post those records on the BCSD website. Notify Ms. Plowman and me, by email, of that posting.

Thank you for your prompt attention to this matter, Barbara Browning

#4 ********************************************************************

Re: Public Records Request; phone calls

From: Barb Browning Sent: Tuesday, December 29, 2015 at 4:14 PM

To: Mike Chatterton Mike@blaineschools.org CC: GwenCarol Holmes gholmes@blaineschools.org

Mr. Chatterton,

Please read the attached letter and respond.

Thank you, Barbara Browning

***************************************************************

Mr. Chatterton, Dec. 29, 2015

This is a continuation of our conversation about the Public Records Request filed Dec. 16, 2015

for the complete phone records of Dr. Holmes, Mr. Blackman and Ms. Crocker, employees of BCSD.

You made the following statement in an email to me Dec. 24, 2015:

The Statute also addresses existing documents the governmental agencies have. What I provided

to you in the public information request is the actual billing from our cellular phone provider.

There are several employees who do not have the associated call list history as was provided for both Heather Crocker and John Blackman. Dr. Holmes is one of those employees. What was

provided in the public records request is the only document that the School District has.

After I spoke to Verizon that day, I sent you this response:

I now possess an email from that Verizon employee who pulled the phone records for Dr. Holmes' phone. He said there are detailed calling records on the bills for each month in question, for the

phone number that belongs to Dr. Holmes' cell phone. He told me he was reading from the actual

bills that BCSD received. Of course, I told him the circumstances surrounding this request, and that I was definitely NOT asking him to reveal any specifics about the itemized calls listed. I

simply wanted to know that those lists do exist, and whether they were included with each month's bills. His email to me specifically addresses those lists of itemized calls for the months of

September, October and November 2015.

Exhibit 11

7 In that email, I also asked you to please explain this apparent discrepancy between you and

Verizon. You have not responded.

Today I again spoke to Verizon. Their employee said there is no possible way for anyone to ‘block’ his detailed calls from being viewed by an ‘authorized person’ on the account. Every

employee’s itemized calls are available, online, to an authorized person, every month. Verizon provides itemized call lists for every cell phone on the account, without exception. Since BCSD

has those records and you are an ‘authorized person’ on the account, you have access to the call details for Dr. Holmes and are required to release them per the Public Records Request. You

could have provided them at the same time you provided the details of Mr. Blackman’s and Ms.

Crocker’s calls.

I spoke to a clerk at the Blaine County Magistrate Court this morning. She instructed me on the process of filing a motion for a judge to review this entire matter and probably compel BCSD

compliance with Idaho State Law regarding Public Records Requests. I will begin that process this week.

Both Wood River Valley newspapers will be notified of all the details of this matter and supplied

with all relevant documents, including pertinent emails.

All BCSD Board Trustees will be similarly informed.

Please immediately provide the remainder of the information requested on Dec. 16, 2015; the

calling details for Dr. Holmes’ phone.

Barbara Browning

Exhibit 11

about our call

From: Spriggs, Carlos E Carlos.Spriggs@VerizonWireless.com

Sent: Thursday, December 24, 2015 at 11:58 AM

Hello ,

Thank you for allowing me to assist you today. If there are any additional

questions and/or concerns today regarding your account, please feel free to

reach out to me, via e-mail (Carlos.Spriggs@verizonwireless.com) Please include

your contact information in your response or you may visit us online at

VerizonWireless.com/government. I am available today until 5:30 p.m. (E.S.T.)

I have reviewed and able to see the call details of number 208-481-1795, on acct: 971623587-00001 Month of sep 8 to oct 7 is one full page of itimized calling records Month of oct 8 to nov 7 is 2 ¼ of itimized calling records Month of nov 8 to dec 7 is about two pages of itimized calling records

Verizon

Carlos Spriggs Coord I-Tech Cust Svc – GCO Verizon Enterprise Solutions 7401 Coca Cola Dr Hanover, MD 21076

carlos.spriggs@verizonwireless.com

Exhibit 12