Where are Superintendent Jason Kouns’ E-Mails?

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On December 2nd FYN made the following open records request for Gilmer County Charter School System Superintendent Jason Kouns’ email.

“Mr. Kouns,
I hope all is well.
Consider this an open records request.
The time period being requested on all items below 1-1-2014 through 12-02-2014
Please send me all emails sent from [email protected]
All emails received by [email protected]
All group emails sent or received with the address [email protected] anywhere in the email.
Include all attachment in any of the above emails. Please include any emails sent or received from any alternate emails assigned to or used by Jason Kouns, Superintendent of Schools Gilmer County.
Considering this request is asking for electronic information to be sent electronically there should be no charge.
I would appreciate a timely response.
Call me if you have questions concerning my request.
Thank You,
Brian K. Pritchard
CEO
FetchYourNews.com”

Immediately Kouns responded with reasons he may not be able to fill my request.

“Mr. Pritchard ,

I certainly appreciate your request and it has been noted, however, the agency may not be able to address your FOIA request, given that the broad spectrum of your inquiry may conflict with one of the 9 possible exemptions noted in the federal policy.

I am forwarding this request to Gilmer County Charter School System Board of Education Attorney, Mr. Herman Clark, so as to ascertain a better understanding.

Given the noted statement from the FOIA.gov site, “This is a written request in which you describe the information you want, and the format you want it in, in as much detail as possible. You should be aware that the FOIA does not require agencies to do research for you, analyze data, answer written questions, or create records in response to your request…”, I would believe we need a more specific criteria to search/provide, rather than a blanket calendar year request.

Again, I am only forwarding to Mr. Clark to assure that we are in federal compliance.

Thanks for your patience and flexibility.

Jason R. Kouns
Superintendent
Gilmer County Charter School System”

Friday afternoon FYN received a letter from the BOE attorney Herman Clark trying to explain why Superintendent Kouns had not complied with the State and Federal laws governing Open Records Requests and that the email was unavailable.

“The Gilmer County School System (“System”) utilizes Google’s free webmail service, Gmail, for its employees’ email accounts. No emails are stored on individual employees’ computers, nor are emails sent and received retained in the System’s normal course of business, or archived by the System. Based upon our research , Google can only retrieve deleted emails for a maximum of thirty days, and realistically likely only twenty five days or so. We are informed that beyond that, no emails exist on Google’s server and therefore cannot be retrieved.”

The full letter is posted below.

Email is subject to the Georgia Open Records Act, specifically O.C.G.A. § 50-18-70 – Title 50, Chapter 18, Article 4, which states:

“All public records of an agency as defined in subsection (a) of this Code section, except those which by order of a court of this state or by law are prohibited or specifically exempted from being open to inspection by the general public, shall be open for a personal inspection by any citizen of this state at a reasonable time and place; and those in charge of such records shall not refuse this privilege to any citizen.”

FYN research uncovered several documents stating that email is subject to the Georgia Open Records Act for public view and that electronic records should be maintained and kept under the same retention rules as paper documents.

Before you can send an email in the Gainesville City School system you see the following statement,

Be aware that all Gainesville City Schools email is subject to the Georgia Open Records Act, specifically O.C.G.A. § 50-18-70 – Title 50, Chapter 18, Article 4, which states:

“All public records of an agency as defined in subsection (a) of this Code section, except those which by order of a court of this state or by law are prohibited or specifically exempted from being open to inspection by the general public, shall be open for a personal inspection by any citizen of this state at a reasonable time and place; and those in charge of such records shall not refuse this privilege to any citizen.”

I understand and agree, proceed to my email

I do NOT understand or agree. return to the home page

therefore an employee knows before sending ANY email that it is subject to the Open Records Act.

FYN has responded to Clark’s letter asking for the Open Records Request to be filled immediately.

Hopefully we will receive all emails.

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