After all, there are outstanding RSA 91:A demands directed to both the Nashua School District Superintendent Dr. Mosley and the Nashua Board of Education. The ban may have been lifted but the demands are not made moot by this action. So, once again, we make it clear and make sure they know that the RSA 91:A clock is ticking
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From: “Skip” <Skip@granitegrok.com>
To: “Jahmal Mosley” <mosleyj@nashua.edu>; “boe@nashua.edu” <boe@nashua.edu>
Sent: 5/29/2019 9:42:04 PM
Subject: [GrokCrew] Re[3]: RSA 91:A demand for the Nashua School Board, the Nashua School District, and Superintendent Mosely
Dr. Mosley and the Board of Education (Nashua School District),
I am following up on the first RSA 91:A demand that was directed to Dr. Mosley AND to the Nashua Board of Education:
- I am looking for copies of all correspondence ( hardcopy and/or electronic) between any and all Nashua School Board members, the Superintend of the District, staff in the Superintendent’s office, staff within the Nashua School District Administration, or the teacher’s union(s) that are directly or indirectly related to the process of deciding that GraniteGrok should be banned from being accessed from within the Nashua School District IT / network infrastructure normally available to staff and students.
- I am looking for copies of all correspondence ( hardcopy and/or electronic) between any and all Nashua School Board members, the Superintend of the District, staff in the Superintendent’s office, staff within the Nashua School District Administration, or the teacher’s union(s) that are directly or indirectly related to the process of implementing the policy that GraniteGrok will be banned from being accessed from within the Nashua School District IT / network infrastructure normally available to staff and students.
Given that this was issued this past Friday (5/24/19, below), I remind you of NH Law concerning a required response (bolded below):
91-A:4 Minutes and Records Available for Public InspectionIV. Each public body or agency shall, upon request for any governmental record reasonably described, make available for inspection and copying any such governmental record within its files when such records are immediately available for such release. If a public body or agency is unable to make a governmental record available for immediate inspection and copying, it shall, within 5 business days of request, make such record available, deny the request in writing with reasons, or furnish written acknowledgment of the receipt of the request and a statement of the time reasonably necessary to determine whether the request shall be granted or denied. If a computer, photocopying machine, or other device maintained for use by a public body or agency is used by the public body or agency to copy the governmental record requested, the person requesting the copy may be charged the actual cost of providing the copy, which cost may be collected by the public body or agency. No fee shall be charged for the inspection or delivery, without copying, of governmental records, whether in paper, electronic, or other form. Nothing in this section shall exempt any person from paying fees otherwise established by law for obtaining copies of governmental records or documents, but if such fee is established for the copy, no additional costs or fees shall be charged.
Thus far, I have heard back from Dr. Mosley only. However, given that his reply (5/26, below) was totally non-responsive, it is clear that I still expect a response, in compliance with RSA 91-A:4 (above) in two days. Openness and Transparency in Government is always a social good and satisfies equitable and social justice norms. It is unfortunate that some Government entities in the past have disregarded these lofty (but easily reachable goals). I look forward to responses from both Dr. Mosley and the Nashua Board of Education this Friday, 5/31/19).
Because of Dr. Mosley’s non-responsive response, it was clear that additional questions needed to be asked and still remain to be answered. Thus, I also wish to take time to remind you of these additional RSA 91:A demands (issued 5/26/19, below) have a due date of Monday, 6/3/19):
Those can be boiled down to these three questions that are easier to understand:
- Why was GraniteGrok.com banned from the NSD network (e.g., NSD staff and students cannot access GraniteGrok)?
- How was that decision made – who (or what formal or informal “committee”) made it?
- Who implemented that decision?
As with the first demand, all responsive records are to be kept and maintained – and not deleted. And make no mistake, an explicit decision was made to blacklist us as shown by your own web filter software. Thus, our third RSA 91:A demand also has a due date for a response of Monday, 6/3/19.
- Web filter software of all types have logs associated with them – either operationally, administratively, or both (along with others). Under RSA 91:A, we are demanding complete electronic copies of those log(s) from a date of January 1, 2019 to today.
- Such software also provides logs of IP/TCP data packet traffic, inbound and outbound, in order to process the rules that have been set for it – we are requesting. We are asking for the log(s) for this traffic for the same time period as #1. It is also available from your switches / routers.
And our fourth RSA 91:A demand is also still outstanding with a due date of Monday 6/3/19:
- Did you, as a result of our first NH RSA 91:A demand, start an investigation as to how the NSD blacklisting was achieved (again, I reference your own software’s notice of blocking GraniteGrok)?
- If yes, what was the outcome? If not, why not?
There was also a third item in that last demand:
- When will the blacklisting of GraniteGrok.com be lifted?
We had reports early this morning that the Nashua School District network ban concerning GraniteGrok.com was lifted. While those reports were NOT from either you, Dr. Mosley, or from any member of the Nashua Board of Education, I will consider this action to be “responsive”. It also, contra to Dr. Mosley’s protestations below, actual proof that GraniteGrok.com was indeed blocked by the web filter / security software employed in the Nashua School District IT infrastructure.
However, ALL other items are still in the non-responsive category with only a few days left for an appropriate response per RSA 91:A-4 above.
Please know that if those deadlines are not met, we will be seeking redress per 91-A:7, below
91-A:7 Violation. –Any person aggrieved by a violation of this chapter may petition the superior court for injunctive relief. In order to satisfy the purposes of this chapter, the courts shall give proceedings under this chapter high priority on the court calendar. Such a petitioner may appear with or without counsel. The petition shall be deemed sufficient if it states facts constituting a violation of this chapter, and may be filed by the petitioner or his or her counsel with the clerk of court or any justice thereof. Thereupon the clerk of court or any justice shall order service by copy of the petition on the person or persons charged. Subject to objection by either party, all documents filed with the petition and any response thereto shall be considered as evidence by the court. All documents submitted shall be provided to the opposing party prior to a hearing on the merits. When any justice shall find that time probably is of the essence, he or she may order notice by any reasonable means, and he or she shall have authority to issue an order ex parte when he or she shall reasonably deem such an order necessary to insure compliance with the provisions of this chapter.
It is my highest hope that this will be a last resort that will not be necessary. Why?
Good Fiscal Management: The Nashua School Board should want to be as frugal as possible with the monies that tax payers have given them (or have been extracted from them – your choice of verbiage). Simply providing completely honest answers, in detail, will obviate this action. It would also show your students that Government entities should always practice good governance practices in following the Law in both letter and spirit and act as successful role models in our citizenry led self-government model.
PLEASE NOTE: We do NOT accept that simply by lifting the network ban on GraniteGrok.com that all other RSA 91-A demand elements are now rendered moot. They are still in force, are awaiting responsive records from both Dr. Mosley and the Nashua Board of Education. After all, first blocking us and today’s unblocking of GraniteGrok.com is tacit admission that malfeasance was accomplished – we merely wish to have the Nashua School District be open and transparent (above) concerning it and institute updated policies that would never allow this to happen to anyone else – and then actually follow them to both the spirit and the letter of those policies.
– Skip
Owner and Co-Founder
GraniteGrok.com
GraniteGrok.com
