Email sent by King Freeman on 15 September 2025 in response to communication from KIPP attorney John P. Edison >>>>>
>>>>>
Dear Mr.
Edison,
Your
letter and the decision to route a straightforward data request through outside
counsel only heighten my concern about KIPP MN’s approach to this matter. Under
the Minnesota Government Data Practices Act (MGDPA), public data must be made
accessible, and when data exist electronically, they must be provided in
electronic form if reasonably possible. Payroll and staffing data clearly fall
within that category.
KIPP MN,
like every charter school in Minnesota, already maintains and reports salary
and position data to multiple entities:
To the
Minnesota Department of Education via STAR and UFARS submissions;
Through
its payroll/HR system, which tracks employee names, positions, pay rates, and
pay dates;
To the
IRS in Form 990 reporting for nonprofit entities.
These
processes require electronic records, which can be exported as spreadsheets.
That is not “creating new data”; it is exporting data KIPP MN is already
obligated to maintain and submit.
No one
disputes that fulfilling this request may take some staff time. If you had
estimated $50 for an hour of work, that might have been reasonable. But
estimating $500 for “10 hours” of work to export data that is already
maintained electronically is excessive and inconsistent with the law’s “actual
cost” standard. By contrast, neighboring districts — many of them larger and
with far more complex payroll systems — provide electronic staffing and payroll
exports at no charge, limiting fees only to paper copies when applicable. KIPP
MN’s stance is therefore not only out of step with the statute but also with
common practice.
It is
also difficult to understand why KIPP MN chose to involve outside counsel for
this routine request. The legal fees required to review and draft your letter
almost certainly equal or exceed the $500 “estimate” you propose to charge for
an electronic export. Choosing to spend organizational funds on attorney
correspondence instead of simply providing data already required for MDE and
IRS reporting creates the appearance that KIPP MN is more interested in
obstruction than in compliance.
To move
forward, I require the following:
1.
Identification of the position used to calculate the $51.86 hourly rate,
including whether that figure includes benefits.
2. A
task-by-task explanation of how the 10-hour estimate was derived.
3.
Confirmation of why the payroll/HR system or STAR/UFARS data cannot be exported
directly in the requested format.
My
request remains active. I expect KIPP MN to comply with Minn. Stat. § 13.03,
subd. 3(e), and provide the data in the electronic form in which it already
exists, at actual cost. If KIPP MN continues to impose unreasonable barriers, I
will escalate this matter to the Minnesota Department of Education, the
Commissioner of Administration, and other appropriate oversight bodies.
Sent
with Proton Mail secure
email.
<<<<<
>>>>>
The
15 September 2025 email from KIPP attorney John P. Edison that engendered King
Freemans’s reply >>>>>
On
Monday, September 15th, 2025 at 8:52 AM, John P. Edison <John.Edison@raswlaw.com>
wrote:
Dear King
Freeman:
At the
request of Dr. Shana Ford, CEO of KIPP MN, I write regarding your September 9,
2025 email correspondence. KIPP MN disagrees that it did not provide a
sufficient breakdown of the estimated cost. Dr. Ford explained the basis
for the estimate in her September 8, 2025 email to you.
You asked
that data be provided to you as follows: “Electronic spreadsheet or
database format preferred, organized by employee position/title and payment
date.” KIPP MN does not maintain this type of electronic spreadsheet or
database organized as you requested. Nonetheless, KIPP MN is willing to work
with you to produce the spreadsheet you have requested provided you pay for the
employee time that will be required to search for and retrieve the data you
have requested. The cost of employee time will be billed at $51.86 per hour for
processing your request. As Dr. Ford explained, this charge is based on
the rate of the lowest compensated person within the organization who is able
to work on this request.
The 10
hours of time Dr. Ford mentioned in her September 8 email is an estimate.
As she explained on September 8, you would be provided a final cost for your
data request based on the actual amount of time involved in searching for and
retrieving the data you have requested. KIPP MN is not requiring you to provide
“prepayment” before it begins processing your request. However, you will
need to confirm whether you will pay for the data you have requested. The
law does not require KIPP MN to provide you with copies of data before you
actually pay for them.
If you do
not confirm you will pay for the data you have requested, KIPP MN will not move
forward with processing your request and it will consider your request to be
withdrawn.
Sincerely,
John P.
Edison
Shareholder
Attorney
333 South
Seventh Street, Suite 2800
Minneapolis,
MN 55402
Direct:
(612) 244-2748
Office: (612) 436-4300
Fax: (612) 436-4340
www.raswlaw.com
<<<<<
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