Auburn Police Officer Sgt. David Lind Employee #1983 Personnel File and Communications – Auburn, Washington

Team APD filed this request with the Auburn Police Department of Auburn, WA.
Tracking #

P023255-070121

Est. Completion Sept. 22, 2021
Status
Payment Required

Communications

From: Team APD

To Whom It May Concern:

Pursuant to the Washington Public Records Act, I hereby request the following records:

REQUEST FOR COMPLETE NONEXEMPT EMPLOYEE PERSONNEL FILE – Sergeant David Lind - Employee ID #1983 – AUBURN POLICE DEPARTMENT

I request a complete nonexempt copy of the personnel or employee file for Auburn Police Sergeant David Lind (Employee ID #1983).

REQUEST FOR TEXT MESSAGES - January 1, 2019 through July 1, 2021

I request all Text messages (i.e., SMS messages) and other mobile-phone-based text communications (e.g., Signal Messenger, WhatsApp, Wire, Wickr, Telegram, iMessage, Facebook Chat, SnapChat, Slack, Glip, Facebook and Twitter "direct messages," etc.), addressed or "CC'd" to, or sent from Auburn Police Sergeant David Lind (Employee ID #1983) or any alias of his, on personal or work-specific devices operated by or otherwise under the control of Sergeant Lind during the time period January 1, 2019 through July 1, 2021.

REQUEST FOR EMAIL MESSAGES - January 1, 2019 through July 1, 2021

I request all Email messages of any kind addressed or "CC'd" to, or sent from Auburn Police Sergeant David Lind (Employee ID #1983) or any alias of his, on personal or work-specific devices operated by or otherwise under the control of Sergeant Lind during the time period January 1, 2019 through July 1, 2021.

REQUEST FOR MEMOS - January 1, 2019 through July 1, 2021

I request all Memos of any kind addressed or "CC'd" to, sent from or referring in any way to Auburn Police Sergeant David Lind (Employee ID #1983) or any alias of his, during the time period January 1, 2019 through July 1, 2021.

REQUEST FOR TELEPHONE LOGS - January 1, 2019 through July 1, 2021

I request all Telephone logs of any cellular or “landline” telephone, weather personal or work-specific devices operated by or otherwise under the control of Sergeant Lind during the time period January 1, 2019 through July 1, 2021.

In the event that the search for responsive records involves a public employee's good-faith search of his or her personal device, please provide a reasonably detailed, nonconclusory affidavit attesting to the nature and extent of that search.

If any potentially responsive records have been destroyed, then I request copies of the destruction or transfer slips as well as any other documentation relating to, mentioning or describing said transfer or destruction, to include but not be limited to confirmation that the Department or the City of Auburn has no other copies of said records.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.

Sincerely,

Team APD

From: Auburn Police Department

RE: PUBLIC RECORDS REQUEST of 7/1/2021, Reference # P023255-070121

Dear Team APD,

The City of Auburn received your public records request on 7/1/2021, regarding “To Whom It May Concern:

Pursuant to the Washington Public Records Act, I hereby request the following records:

REQUEST FOR COMPLETE NONEXEMPT EMPLOYEE PERSONNEL FILE – Sergeant David Lind - Employee ID #1983 – AUBURN POLICE DEPARTMENT

I request a complete nonexempt copy of the personnel or employee file for Auburn Police Sergeant David Lind (Employee ID #1983).

REQUEST FOR TEXT MESSAGES - January 1, 2019 through July 1, 2021

I request all Text messages (i.e., SMS messages) and other mobile-phone-based text communications (e.g., Signal Messenger, WhatsApp, Wire, Wickr, Telegram, iMessage, Facebook Chat, SnapChat, Slack, Glip, Facebook and Twitter "direct messages," etc.), addressed or "CC'd" to, or sent from Auburn Police Sergeant David Lind (Employee ID #1983) or any alias of his, on personal or work-specific devices operated by or otherwise under the control of Sergeant Lind during the time period January 1, 2019 through July 1, 2021.

REQUEST FOR EMAIL MESSAGES - January 1, 2019 through July 1, 2021

I request all Email messages of any kind addressed or "CC'd" to, or sent from Auburn Police Sergeant David Lind (Employee ID #1983) or any alias of his, on personal or work-specific devices operated by or otherwise under the control of Sergeant Lind during the time period January 1, 2019 through July 1, 2021.

REQUEST FOR MEMOS - January 1, 2019 through July 1, 2021

I request all Memos of any kind addressed or "CC'd" to, sent from or referring in any way to Auburn Police Sergeant David Lind (Employee ID #1983) or any alias of his, during the time period January 1, 2019 through July 1, 2021.

REQUEST FOR TELEPHONE LOGS - January 1, 2019 through July 1, 2021

I request all Telephone logs of any cellular or “landline” telephone, weather personal or work-specific devices operated by or otherwise under the control of Sergeant Lind during the time period January 1, 2019 through July 1, 2021.

In the event that the search for responsive records involves a public employee's good-faith search of his or her personal device, please provide a reasonably detailed, nonconclusory affidavit attesting to the nature and extent of that search.

If any potentially responsive records have been destroyed, then I request copies of the destruction or transfer slips as well as any other documentation relating to, mentioning or describing said transfer or destruction, to include but not be limited to confirmation that the Department or the City of Auburn has no other copies of said records.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.

Sincerely,

Team APD

Upload documents directly: https://https://www.muckrock.comhttps://www.muckrock.com/
Your request will be forwarded to the applicable department(s) for response.
You will be notified regarding the status of your request in 5 business days per RCW 42.56.

Thank you for your submission,
City of Auburn
City Clerk’s Office

From: Auburn Police Department

--- Please respond above this line ---
RE: PUBLIC RECORDS REQUEST of 7/1/2021, Reference #P023255-070121
Dear Team,
The City of Auburn received a public records request from you on 7/1/2021. You requested the following:
"To Whom It May Concern:

Pursuant to the Washington Public Records Act, I hereby request the following records:

REQUEST FOR COMPLETE NONEXEMPT EMPLOYEE PERSONNEL FILE – Sergeant David Lind - Employee ID #1983 – AUBURN POLICE DEPARTMENT

I request a complete nonexempt copy of the personnel or employee file for Auburn Police Sergeant David Lind (Employee ID #1983).

REQUEST FOR TEXT MESSAGES - January 1, 2019 through July 1, 2021

I request all Text messages (i.e., SMS messages) and other mobile-phone-based text communications (e.g., Signal Messenger, WhatsApp, Wire, Wickr, Telegram, iMessage, Facebook Chat, SnapChat, Slack, Glip, Facebook and Twitter "direct messages," etc.), addressed or "CC'd" to, or sent from Auburn Police Sergeant David Lind (Employee ID #1983) or any alias of his, on personal or work-specific devices operated by or otherwise under the control of Sergeant Lind during the time period January 1, 2019 through July 1, 2021.

REQUEST FOR EMAIL MESSAGES - January 1, 2019 through July 1, 2021

I request all Email messages of any kind addressed or "CC'd" to, or sent from Auburn Police Sergeant David Lind (Employee ID #1983) or any alias of his, on personal or work-specific devices operated by or otherwise under the control of Sergeant Lind during the time period January 1, 2019 through July 1, 2021.

REQUEST FOR MEMOS - January 1, 2019 through July 1, 2021

I request all Memos of any kind addressed or "CC'd" to, sent from or referring in any way to Auburn Police Sergeant David Lind (Employee ID #1983) or any alias of his, during the time period January 1, 2019 through July 1, 2021.

REQUEST FOR TELEPHONE LOGS - January 1, 2019 through July 1, 2021

I request all Telephone logs of any cellular or “landline” telephone, weather personal or work-specific devices operated by or otherwise under the control of Sergeant Lind during the time period January 1, 2019 through July 1, 2021.

In the event that the search for responsive records involves a public employee's good-faith search of his or her personal device, please provide a reasonably detailed, nonconclusory affidavit attesting to the nature and extent of that search.

If any potentially responsive records have been destroyed, then I request copies of the destruction or transfer slips as well as any other documentation relating to, mentioning or describing said transfer or destruction, to include but not be limited to confirmation that the Department or the City of Auburn has no other copies of said records.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.

Sincerely,

Team APD

Upload documents directly: https://https://www.muckrock.comhttps://www.muckrock.com/
This letter is to inform you of a required deposit of $28.65 prior to the start of gathering records responsive to your request.  The initial search for emails responsive to your request returned 22,925 emails. The City will require a deposit of 10% of the cost prior to pulling the responsive email records. Once the records are ready to be released I will provide you a cost for each installment that you will be required to pay prior to release. I do anticipate this request, as written, will require many installments. If the City does not receive the deposit in 15 calendar days (July 16, 2021) I will consider your request abandoned. I anticipate the first installment of emails to be approximately 30 days after payment has been received. If you wish to clarify or narrow the request please let me know. Thank you. Deposit of $28.65 (22,925 emails charged at $0.05 per 4 attachments for total cost for emails only will be $286.55)
You can make your payment by :
* Mailing a check to our office at:
25 W Main ST.
ATTN: City Clerk’s Office
Auburn WA 98001
2. Pay in City Hall by either cash, check or credit card (after July 6.) Monday - Friday 8 am to 5 pm Please be advised that if you pay by card there is a 3% transaction fee.
Please reference your public records request number, P0023255, in the memo section of the check if mailing in. You have 15 calendar days to pay the current installment. If this payment is not received by 7/16/2021, we will consider your request abandoned and closed. If you have any questions, please contact my office at 253-931-3055.
Sincerely,
Shawn Campbell City Clerk City Clerk's Office 253-931-3055

From: Auburn Police Department

--- Please respond above this line ---
RE: PUBLIC RECORDS REQUEST of 7/1/2021, Reference #P023255-070121
Dear Team,
The City of Auburn received a public records request from you on 7/1/2021. You requested the following:
"To Whom It May Concern:

Pursuant to the Washington Public Records Act, I hereby request the following records:

REQUEST FOR COMPLETE NONEXEMPT EMPLOYEE PERSONNEL FILE – Sergeant David Lind - Employee ID #1983 – AUBURN POLICE DEPARTMENT

I request a complete nonexempt copy of the personnel or employee file for Auburn Police Sergeant David Lind (Employee ID #1983).

REQUEST FOR TEXT MESSAGES - January 1, 2019 through July 1, 2021

I request all Text messages (i.e., SMS messages) and other mobile-phone-based text communications (e.g., Signal Messenger, WhatsApp, Wire, Wickr, Telegram, iMessage, Facebook Chat, SnapChat, Slack, Glip, Facebook and Twitter "direct messages," etc.), addressed or "CC'd" to, or sent from Auburn Police Sergeant David Lind (Employee ID #1983) or any alias of his, on personal or work-specific devices operated by or otherwise under the control of Sergeant Lind during the time period January 1, 2019 through July 1, 2021.

REQUEST FOR EMAIL MESSAGES - January 1, 2019 through July 1, 2021

I request all Email messages of any kind addressed or "CC'd" to, or sent from Auburn Police Sergeant David Lind (Employee ID #1983) or any alias of his, on personal or work-specific devices operated by or otherwise under the control of Sergeant Lind during the time period January 1, 2019 through July 1, 2021.

REQUEST FOR MEMOS - January 1, 2019 through July 1, 2021

I request all Memos of any kind addressed or "CC'd" to, sent from or referring in any way to Auburn Police Sergeant David Lind (Employee ID #1983) or any alias of his, during the time period January 1, 2019 through July 1, 2021.

REQUEST FOR TELEPHONE LOGS - January 1, 2019 through July 1, 2021

I request all Telephone logs of any cellular or “landline” telephone, weather personal or work-specific devices operated by or otherwise under the control of Sergeant Lind during the time period January 1, 2019 through July 1, 2021.

In the event that the search for responsive records involves a public employee's good-faith search of his or her personal device, please provide a reasonably detailed, nonconclusory affidavit attesting to the nature and extent of that search.

If any potentially responsive records have been destroyed, then I request copies of the destruction or transfer slips as well as any other documentation relating to, mentioning or describing said transfer or destruction, to include but not be limited to confirmation that the Department or the City of Auburn has no other copies of said records.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.

Sincerely,

Team APD

Upload documents directly: https://https://www.muckrock.comhttps://www.muckrock.com/
This letter it to inform you the City has provided the 3rd Party Notice below to the responsive employees required under RCW 42.56.250(12). The City has received a records request from Team APD on July 2, 2021 for:
REQUEST FOR COMPLETE NONEXEMPT EMPLOYEE PERSONNEL FILE – Sergeant David Lind - Employee ID #1983 – AUBURN POLICE DEPARTMENT
I request a complete nonexempt copy of the personnel or employee file for Auburn Police Sergeant David Lind (Employee ID #1983).
REQUEST FOR TEXT MESSAGES - January 1, 2019 through July 1, 2021
I request all Text messages (i.e., SMS messages) and other mobile-phone-based text communications (e.g., Signal Messenger, WhatsApp, Wire, Wickr, Telegram, iMessage, Facebook Chat, SnapChat, Slack, Glip, Facebook and Twitter "direct messages," etc.), addressed or "CC'd" to, or sent from Auburn Police Sergeant David Lind (Employee ID #1983) or any alias of his, on personal or work-specific devices operated by or otherwise under the control of Sergeant Lind during the time period January 1, 2019 through July 1, 2021.
REQUEST FOR EMAIL MESSAGES - January 1, 2019 through July 1, 2021
I request all Email messages of any kind addressed or "CC'd" to, or sent from Auburn Police Sergeant David Lind (Employee ID #1983) or any alias of his, on personal or work-specific devices operated by or otherwise under the control of Sergeant Lind during the time period January 1, 2019 through July 1, 2021.
REQUEST FOR MEMOS - January 1, 2019 through July 1, 2021
I request all Memos of any kind addressed or "CC'd" to, sent from or referring in any way to Auburn Police Sergeant David Lind (Employee ID #1983) or any alias of his, during the time period January 1, 2019 through July 1, 2021.
REQUEST FOR TELEPHONE LOGS - January 1, 2019 through July 1, 2021
I request all Telephone logs of any cellular or “landline” telephone, weather personal or work-specific devices operated by or otherwise under the control of Sergeant Lind during the time period January 1, 2019 through July 1, 2021.
In the event that the search for responsive records involves a public employee's good-faith search of his or her personal device, please provide a reasonably detailed, nonconclusory affidavit attesting to the nature and extent of that search.
If any potentially responsive records have been destroyed, then I request copies of the destruction or transfer slips as well as any other documentation relating to, mentioning or describing said transfer or destruction, to include but not be limited to confirmation that the Department or the City of Auburn has no other copies of said records.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes. This is a letter to advise you of the request in case you wish to try to obtain a court order to block the release of the information. Generally, employee address, phone number, personal wireless numbers, emergency contact information, social security number, employee identification number, dependent names and dates of birth, (routine) performance appraisals/evaluations, and employment application are exempt from disclosure. You may seek to enjoin the release of the records under RCW 42.56.540 or other court order that would prevent the City from releasing the documents. If the City does not receive an injunction by July 23, 2021 these records will be released to the requester.  If you choose to seek an injunction or court order to prevent the release of the records, you must name the City of Auburn and the requester, Team APD. If you have any questions I can be reached at 253-931-3055. If an injunction in not granted you can expect your records 20 to 25 business days after the deadline. Sincerely,
Shawn Campbell City Clerk City Clerk's Office 253-931-3055

From: Auburn Police Department

Re:  Public Records Request concerning PRR P023255-070121
07/07/2021 Team APD MuckRock News DEPT MR 115146 411A Highland Ave Somerville MA 02144-2516 RE: PUBLIC RECORDS REQUEST of July 01, 2021, Reference # P023255-070121 Dear Team: Pursuant to RCW 42.56.520 and Doe I v. Washington State Patrol, 80 Wn. App. 296 (1996), this letter acknowledges receipt of your public record request addressed to the City of Auburn received by this office on  July 01, 2021.
Please be advised that the City responds to numerous public records requests pursuant to RCW 42.56.520 in the order received. Additional time may be necessary to clarify the intent of the request and/or gather and review records, to determine whether any of the information requested is exempt from disclosure, and to provide third parties with notice and the opportunity to seek a court order to prevent the release of record(s) in response to your request. At this time, we anticipate 30 days to respond or provide an update to this request. A response can be the following:

* A question about your request
* An estimate on when your records will be delivered
* A note explaining why the records cannot be released The documents you requested To view the full details of  this request please log into the Public Records Center.

From: Team APD

Subject: Public Records Request: P023255-070121 RE: Request for electronic file production in native file format and/or the most economical file format

Good morning Mr. Campbell,

Your email of 7-5-2021 has been received and reviewed.

In your letter you stated “The initial search for emails responsive to your request returned 22,925 emails. The City will require a deposit of 10% of the cost prior to pulling the responsive email records… Deposit of $28.65 (22,925 emails charged at $0.05 per 4 attachments for total cost for emails only will be $286.55).”

It appears as though you are calculating fees for the original request for production of emails at a rate of 1 email = 1 attachment ( 22,925 emails / 4 = 5731.25) ( 5731.25 x .05 = $286.55). However, to reduce each email to an attachment for the purpose of charging fees would not be efficient nor economical. Nor is this practice supported by statute.

I request The Auburn Police Department as an “Agency” take reasonable steps to provide the requested records in the most efficient manner available to the agency in its normal operations.

In regards to the emails requested, I request APD to provide all emails in native Microsoft .pst format, or if .pst format is not feasible based on processing of this PRA request, the possible application of privacy redactions, etc. I request the emails to be produced in Adobe .pdf format.

Mr. Campbell, as I am sure you are aware the .pst and .pdf file formats are in regular use by the City of Auburn and the Auburn Police Department in normal daily operations.

Further, up to 100,000 individual emails can be bundled or packed into each .pst or .pdf file which can then be transmitted as an “attachment” per RCW 42.56.120(2)(b)(iii) “ Five cents per each four electronic files or attachment uploaded to email, cloud-based data storage service, or other means of electronic delivery.”

Please recalculate any fees the Agency is requiring for the email portion of this PRA request accounting for the most economical and efficient file format available to the Agency, that is multiple emails bundled in .pst or .pdf formats and then electronically transmitted to the requestor at a fee rate of .05 cents X 4 attachments, with a final addition of 10 cents per gigabyte based on the size of each attachment transmitted.

While email archives are going to fluctuate in data size based on content, length, any attachments present, etc. I would anticipate the data size for 22,925 emails to be in the range of 500mb – 1.5GB.

A single .pst or .pdf file can accommodate 1.5GB or 22,925 emails in a single attachment. Reasonable fees for such an attachment would be .05 x 1 (.pdf file attachment) + .10 X 1.5 = .15cents for a total fee of .20 cents.

Please provide an updated Agency request for fee deposit in accordance with RCW 42.56.120 and the bundling of any emails produced in the most economical and efficient file formats .pst or .pdf.

Thank you.

From: Auburn Police Department

--- Please respond above this line ---
RE: PUBLIC RECORDS REQUEST of 7/1/2021, Reference #P023255-070121
Dear Team,
The City of Auburn received a public records request from you on 7/1/2021. I responded with an email on 7/2/2021 requiring a 10% deposit prior to starting your request. I received an email from you on 7/9/2021 requesting we recalculate our fee. The City of Auburn considers each email an attachment, as such will require the deposit of $28.65 prior to starting the review of requested documents. I will extend the timeframe for you to provide the deposit to July 30, 2021. If the deposit has not been received, by July 30, 2021, the City will close your request for nonpayment. If you have any questions, please contact my office at 253-931-3055.
Sincerely,
Shawn Campbell City Clerk City Clerk's Office 253-931-3055

From: Team APD

7-27-2021

Mr. Campbell,

Thank you for your email of 7-23-21.

A check for the City’s demand payment of $28.65 was sent via US MAIL to:

25 W Main ST.
ATTN: City Clerk’s Office
PRA # P0023255
Auburn WA 98001

Please note, as we communicated on 07-09-2021 we object to The City of Auburn's practice of applying a 1 email = 1 attachment fee structure. We object to the City’s decision to artificially inflate Public Records fees by refusing to provide statutory “fullest assistance” to the requester. The City of Auburn, in refusing to apply requested electronic compression or standard bundling of attachments (practices utilized by the City as part of its normal operations) is not reasonable and a violation of the Public Records Act:

RCW 42.56.120(1) "When calculating any fees authorized under this section, an agency shall use the most reasonable cost-efficient method available to the agency as part of its normal operations. If any agency translates a record into an alternative electronic format at the request of a requestor, the copy created does not constitute a new public record for purposes of this chapter."

Attachments should be compiled to provide the maximum number of records to the requestor in each attachment, utilizing bundling, standard compression methods, or both.

Compression of attachments and the electronic bundling of emails and files attached has been requested of the City of Auburn in this PRA request and subsequently has been rejected by the City.

Upon information and belief, the City of Auburn has provided standard compression and electronic file bundling in responsive documents provided to other requesters of public records in the past.

Washington law defines “public record” broadly to include electronic formats. RCW 42.56.010. There is no provision in the Act permitting agencies to limit the format in which public records may be examined or copied. Consequently, the requester can choose any available format for receiving the records. Although the PRA does not expressly require an agency to provide unredacted e-mails in an electronic format, an agency must do so where reasonable and feasible, under the PRA’s “fullest assistance” provision (RCW 42.56.100).

Mechling v. Monroe, 152 Wn. App. 830, 222 P.3d 808 (2009).

Please consider this email a formal objection and appeal and forward it as such to the appropriate City of Auburn public records appeal department, if any.

Please note this requestor's intent to seek relief regarding City of Auburn’s misapplication of fees in the processing of this public records request per RCW 42.56.550.

Thank you.

From: Auburn Police Department

--- Please respond above this line ---
RE: PUBLIC RECORDS REQUEST of 7/1/2021, Reference #P023255-070121
Dear Team,
The City of Auburn received a public records request from you on 7/1/2021. You requested the following:
"To Whom It May Concern:

Pursuant to the Washington Public Records Act, I hereby request the following records:

REQUEST FOR COMPLETE NONEXEMPT EMPLOYEE PERSONNEL FILE – Sergeant David Lind - Employee ID #1983 – AUBURN POLICE DEPARTMENT

I request a complete nonexempt copy of the personnel or employee file for Auburn Police Sergeant David Lind (Employee ID #1983).

REQUEST FOR TEXT MESSAGES - January 1, 2019 through July 1, 2021

I request all Text messages (i.e., SMS messages) and other mobile-phone-based text communications (e.g., Signal Messenger, WhatsApp, Wire, Wickr, Telegram, iMessage, Facebook Chat, SnapChat, Slack, Glip, Facebook and Twitter "direct messages," etc.), addressed or "CC'd" to, or sent from Auburn Police Sergeant David Lind (Employee ID #1983) or any alias of his, on personal or work-specific devices operated by or otherwise under the control of Sergeant Lind during the time period January 1, 2019 through July 1, 2021.

REQUEST FOR EMAIL MESSAGES - January 1, 2019 through July 1, 2021

I request all Email messages of any kind addressed or "CC'd" to, or sent from Auburn Police Sergeant David Lind (Employee ID #1983) or any alias of his, on personal or work-specific devices operated by or otherwise under the control of Sergeant Lind during the time period January 1, 2019 through July 1, 2021.

REQUEST FOR MEMOS - January 1, 2019 through July 1, 2021

I request all Memos of any kind addressed or "CC'd" to, sent from or referring in any way to Auburn Police Sergeant David Lind (Employee ID #1983) or any alias of his, during the time period January 1, 2019 through July 1, 2021.

REQUEST FOR TELEPHONE LOGS - January 1, 2019 through July 1, 2021

I request all Telephone logs of any cellular or “landline” telephone, weather personal or work-specific devices operated by or otherwise under the control of Sergeant Lind during the time period January 1, 2019 through July 1, 2021.

In the event that the search for responsive records involves a public employee's good-faith search of his or her personal device, please provide a reasonably detailed, nonconclusory affidavit attesting to the nature and extent of that search.

If any potentially responsive records have been destroyed, then I request copies of the destruction or transfer slips as well as any other documentation relating to, mentioning or describing said transfer or destruction, to include but not be limited to confirmation that the Department or the City of Auburn has no other copies of said records.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.

Sincerely,

Team APD

Upload documents directly: https://https://www.muckrock.comhttps://www.muckrock.com/
This letter is in response to your appeal of the fees assessed for records request P023255. I have reviewed your Public Records Request P023255-070121 and the City’s application of fee. In accordance with the City’s appeal process, I have reviewed all relevant information and conducted a complete review.   Under RCW 42.56.120, case law, Auburn City Code Chapter 2.09, and the City’s adopted fee schedule, the City is permitted to charge the fees assessed. Sincerely, Sent without signature to avoid delay Kendra Comeau City Attorney

From: Auburn Police Department

--- Please respond above this line ---
RE: PUBLIC RECORDS REQUEST of July 01, 2021, Reference # P023255-070121 Dear Team, The City of Auburn received a public records request from you on July 01, 2021. You requested the following: "To Whom It May Concern:

Pursuant to the Washington Public Records Act, I hereby request the following records:

REQUEST FOR COMPLETE NONEXEMPT EMPLOYEE PERSONNEL FILE – Sergeant David Lind - Employee ID #1983 – AUBURN POLICE DEPARTMENT

I request a complete nonexempt copy of the personnel or employee file for Auburn Police Sergeant David Lind (Employee ID #1983).

REQUEST FOR TEXT MESSAGES - January 1, 2019 through July 1, 2021

I request all Text messages (i.e., SMS messages) and other mobile-phone-based text communications (e.g., Signal Messenger, WhatsApp, Wire, Wickr, Telegram, iMessage, Facebook Chat, SnapChat, Slack, Glip, Facebook and Twitter "direct messages," etc.), addressed or "CC'd" to, or sent from Auburn Police Sergeant David Lind (Employee ID #1983) or any alias of his, on personal or work-specific devices operated by or otherwise under the control of Sergeant Lind during the time period January 1, 2019 through July 1, 2021.

REQUEST FOR EMAIL MESSAGES - January 1, 2019 through July 1, 2021

I request all Email messages of any kind addressed or "CC'd" to, or sent from Auburn Police Sergeant David Lind (Employee ID #1983) or any alias of his, on personal or work-specific devices operated by or otherwise under the control of Sergeant Lind during the time period January 1, 2019 through July 1, 2021.

REQUEST FOR MEMOS - January 1, 2019 through July 1, 2021

I request all Memos of any kind addressed or "CC'd" to, sent from or referring in any way to Auburn Police Sergeant David Lind (Employee ID #1983) or any alias of his, during the time period January 1, 2019 through July 1, 2021.

REQUEST FOR TELEPHONE LOGS - January 1, 2019 through July 1, 2021

I request all Telephone logs of any cellular or “landline” telephone, weather personal or work-specific devices operated by or otherwise under the control of Sergeant Lind during the time period January 1, 2019 through July 1, 2021.

In the event that the search for responsive records involves a public employee's good-faith search of his or her personal device, please provide a reasonably detailed, nonconclusory affidavit attesting to the nature and extent of that search.

If any potentially responsive records have been destroyed, then I request copies of the destruction or transfer slips as well as any other documentation relating to, mentioning or describing said transfer or destruction, to include but not be limited to confirmation that the Department or the City of Auburn has no other copies of said records.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.

Sincerely,

Team APD

Upload documents directly: https://https://www.muckrock.comhttps://www.muckrock.com/ In response to your request, the City of Auburn has compiled the first installment of records responsive to your request.  The cost for these records is $45.00 (3,600 attachments at $0.05 per every 4 attachments).  Your deposit of $28.65 will be credited to this balance for a required payment of $16.35 prior to release. Payment option are:
Mail a check made out to the City of Auburn, with “PRR No. P023255-070121” written in the memo section and mail to: City of Auburn Attn: City Clerk 25 West Main Street Auburn, WA 98001
Pay in person, with cash, check, visa or Mastercard (there is a 3% fee on all cc transactions) at 25 West Main Street, Auburn, Monday through Friday from 8:00 am to 5:00 pm.

* Please note PRR No. P023255-070121 when making in person payments. You have 15 calendar days to pay the current installment. If this payment is not received by 8/25/2021, we will consider your request abandoned and closed. If you have any questions, please contact my office at 253-931-3055.
Sincerely, Shawn Campbell City Clerk City Clerk's Office 253-931-3055

From: Team APD

08-18-2021

RE: FIRST INSTALLMENT PRR No. P023255-070121

Mr. Campbell,

Thank you for your email of 8-11-21.

"In response to your request, the City of Auburn has compiled the first installment of records responsive to your request. The cost for these records is $45.00 (3,600 attachments at $0.05 per every 4 attachments). Your deposit of $28.65 will be credited to this balance for a required payment of $16.35 prior to release. Payment option are: Mail a check made out to the City of Auburn, with “PRR No. P023255-070121” written in the memo section and mail to: City of Auburn Attn: City Clerk 25 West Main Street Auburn, WA 98001"

A check for the City’s demand payment of $16.35 for the FIRST INSTALLMENT of responsive records was sent via US MAIL to:

25 W Main ST.
ATTN: City Clerk’s Office
PRA # P0023255
Auburn WA 98001

Please note, as we communicated on 07-09-2021 we object to The City of Auburn's practice of applying a 1 email = 1 attachment fee structure. We object to the City’s decision to artificially inflate Public Records fees by refusing to provide statutory “fullest assistance” to the requester. The City of Auburn, in refusing to apply requested electronic compression or standard bundling of attachments (practices utilized by the City as part of its normal operations) is not reasonable and a violation of the Public Records Act:

RCW 42.56.120(1) "When calculating any fees authorized under this section, an agency shall use the most reasonable cost-efficient method available to the agency as part of its normal operations. If any agency translates a record into an alternative electronic format at the request of a requestor, the copy created does not constitute a new public record for purposes of this chapter."

Attachments should be compiled to provide the maximum number of records to the requestor in each attachment, utilizing bundling, standard compression methods, or both.

On 07-29-2021 we formally appealed the City's refusal to utilize standard attachment bundling and electronic compression to provide the maximum number of responsive records possible in each attachment.

On 08-02-2021 we received an email from Auburn City Attorney Kendra Comeau denying our appeal:

"This letter is in response to your appeal of the fees assessed for records request P023255. I have reviewed your Public Records Request P023255-070121 and the City’s application of fee. In accordance with the City’s appeal process, I have reviewed all relevant information and conducted a complete review. Under RCW 42.56.120, case law, Auburn City Code Chapter 2.09, and the City’s adopted fee schedule, the City is permitted to charge the fees assessed. Sincerely, Sent without signature to avoid delay Kendra Comeau City Attorney"

Please note for the record our continued objection to the City's misguided refusal to apply standard attachment bundling and electronic compression in the calculation of fees assessed for electronic documents and emails as attachments under the Public Records Act.

Based on the City's application of "1 email = 1 attachment" fee structure and the City’s continued refusal to apply standard attachment bundling and electronic compression as repeatedly requested in the calculation of fees, we expect the City’s electronic production of this FIRST INSTALLMENT of 3,600 attachments to be provided as 3,600 separate files in their native format.

The city has chosen to calculate fees artificially and at the highest rate possible by refusing to apply standard attachment bundling and electronic compression of attachments.

As such we expect the City to provide all 3,600 files of this first installment in the same manner as the City artificially calculated and collected fees: 3,600 attachments in their native format, unbundled and uncompressed.

In other words, if the City chooses to artificially inflate public records fees by refusing to utilize the most reasonable and cost-efficient methods available (in this instance the City’s refusal to bundle simple email records together in a .zip file prior to applying fee assessments) it would then constitute bad faith, possibly even financial fraud for the City to then apply standard attachment bundling and electronic compression only AFTER the City calculated and collected inflated fees for production of these same public records in electronic format.

We look forward to receiving all 3,600 separate attachments comprising this FIRST INSTALLMENT of PRR No. P023255-070121.

Thank you.

From: Auburn Police Department

--- Please respond above this line ---
RE: PUBLIC RECORDS REQUEST of 7/1/2021, Reference #P023255-070121
Dear Team,
The City of Auburn received a public records request from you on 7/1/2021. You requested the following:
"To Whom It May Concern:

Pursuant to the Washington Public Records Act, I hereby request the following records:

REQUEST FOR COMPLETE NONEXEMPT EMPLOYEE PERSONNEL FILE – Sergeant David Lind - Employee ID #1983 – AUBURN POLICE DEPARTMENT

I request a complete nonexempt copy of the personnel or employee file for Auburn Police Sergeant David Lind (Employee ID #1983).

REQUEST FOR TEXT MESSAGES - January 1, 2019 through July 1, 2021

I request all Text messages (i.e., SMS messages) and other mobile-phone-based text communications (e.g., Signal Messenger, WhatsApp, Wire, Wickr, Telegram, iMessage, Facebook Chat, SnapChat, Slack, Glip, Facebook and Twitter "direct messages," etc.), addressed or "CC'd" to, or sent from Auburn Police Sergeant David Lind (Employee ID #1983) or any alias of his, on personal or work-specific devices operated by or otherwise under the control of Sergeant Lind during the time period January 1, 2019 through July 1, 2021.

REQUEST FOR EMAIL MESSAGES - January 1, 2019 through July 1, 2021

I request all Email messages of any kind addressed or "CC'd" to, or sent from Auburn Police Sergeant David Lind (Employee ID #1983) or any alias of his, on personal or work-specific devices operated by or otherwise under the control of Sergeant Lind during the time period January 1, 2019 through July 1, 2021.

REQUEST FOR MEMOS - January 1, 2019 through July 1, 2021

I request all Memos of any kind addressed or "CC'd" to, sent from or referring in any way to Auburn Police Sergeant David Lind (Employee ID #1983) or any alias of his, during the time period January 1, 2019 through July 1, 2021.

REQUEST FOR TELEPHONE LOGS - January 1, 2019 through July 1, 2021

I request all Telephone logs of any cellular or “landline” telephone, weather personal or work-specific devices operated by or otherwise under the control of Sergeant Lind during the time period January 1, 2019 through July 1, 2021.

In the event that the search for responsive records involves a public employee's good-faith search of his or her personal device, please provide a reasonably detailed, nonconclusory affidavit attesting to the nature and extent of that search.

If any potentially responsive records have been destroyed, then I request copies of the destruction or transfer slips as well as any other documentation relating to, mentioning or describing said transfer or destruction, to include but not be limited to confirmation that the Department or the City of Auburn has no other copies of said records.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.

Sincerely,

Team APD

Upload documents directly: https://https://www.muckrock.comhttps://www.muckrock.com/
The City has received your letter dated 8/12/2021 along with the remainder payment due for the first installment of responsive records. I did want to provide the option of viewing the first installment of responsive records in person. If you chose to view the first installment in person there is no fee to view the records. We offer in person viewing of public records Monday - Friday by appointment only. If you are interested in this option please call me at 253-931-3055 to set up an appointment. Please note you would have to comply with current Covid-19 mandates if you come into City Hall. If I do not receive a response from you by August 27, 2021 I will upload the first installment of individual document and deposit your payment.
If you have any questions, please contact my office at 253-931-3055.
Sincerely,
Shawn Campbell City Clerk City Clerk's Office 253-931-3055

From: Team APD

08-24-2021

RE: FIRST INSTALLMENT PRR No. P023255-070121

Dear Mr. Campbell,

As originally requested, this Public Records Request seeks complete copies of specific nonexempt public records relating to documents and communications pertaining to a specific public employee.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In person viewing of the requested public records by appointment at Auburn City Hall does not satisfy the original request for copies of these public records.

Please provide electronic copies of all responsive nonexempt public records as soon as possible.

Thank you.

From: Auburn Police Department

--- Please respond above this line ---
RE: PUBLIC RECORDS REQUEST of July 01, 2021, Reference # P023255-070121
Dear Team,
The City of Auburn received a public records request from you on July 01, 2021. You requested the following:
"To Whom It May Concern:

Pursuant to the Washington Public Records Act, I hereby request the following records:

REQUEST FOR COMPLETE NONEXEMPT EMPLOYEE PERSONNEL FILE – Sergeant David Lind - Employee ID #1983 – AUBURN POLICE DEPARTMENT

I request a complete nonexempt copy of the personnel or employee file for Auburn Police Sergeant David Lind (Employee ID #1983).

REQUEST FOR TEXT MESSAGES - January 1, 2019 through July 1, 2021

I request all Text messages (i.e., SMS messages) and other mobile-phone-based text communications (e.g., Signal Messenger, WhatsApp, Wire, Wickr, Telegram, iMessage, Facebook Chat, SnapChat, Slack, Glip, Facebook and Twitter "direct messages," etc.), addressed or "CC'd" to, or sent from Auburn Police Sergeant David Lind (Employee ID #1983) or any alias of his, on personal or work-specific devices operated by or otherwise under the control of Sergeant Lind during the time period January 1, 2019 through July 1, 2021.

REQUEST FOR EMAIL MESSAGES - January 1, 2019 through July 1, 2021

I request all Email messages of any kind addressed or "CC'd" to, or sent from Auburn Police Sergeant David Lind (Employee ID #1983) or any alias of his, on personal or work-specific devices operated by or otherwise under the control of Sergeant Lind during the time period January 1, 2019 through July 1, 2021.

REQUEST FOR MEMOS - January 1, 2019 through July 1, 2021

I request all Memos of any kind addressed or "CC'd" to, sent from or referring in any way to Auburn Police Sergeant David Lind (Employee ID #1983) or any alias of his, during the time period January 1, 2019 through July 1, 2021.

REQUEST FOR TELEPHONE LOGS - January 1, 2019 through July 1, 2021

I request all Telephone logs of any cellular or “landline” telephone, weather personal or work-specific devices operated by or otherwise under the control of Sergeant Lind during the time period January 1, 2019 through July 1, 2021.

In the event that the search for responsive records involves a public employee's good-faith search of his or her personal device, please provide a reasonably detailed, nonconclusory affidavit attesting to the nature and extent of that search.

If any potentially responsive records have been destroyed, then I request copies of the destruction or transfer slips as well as any other documentation relating to, mentioning or describing said transfer or destruction, to include but not be limited to confirmation that the Department or the City of Auburn has no other copies of said records.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.

Sincerely,

Team APD

Upload documents directly: https://https://www.muckrock.comhttps://www.muckrock.com/
The installment of records responsive to your request is available to you now in the City of Auburn Public Records Center first You have 15 calendar days to review the current installment. If this installment isn't reviewed by 09/09/2021, we will consider your request abandoned and closed. We will provide you the fees for the next installment 25-30 business days from the date when you review for the current installment.
Please click the link below to view your responsive records.
Link
Sincerely,
Shawn Campbell City Clerk City Clerk's Office 253-931-3055

From: Team APD

Dear Mr. Campbell,

Your email contained no internet link to download the first installment of records:

"The installment of records responsive to your request is available to you now in the City of Auburn Public Records Center first You have 15 calendar days to review the current installment. If this installment isn't reviewed by 09/09/2021, we will consider your request abandoned and closed. We will provide you the fees for the next installment 25-30 business days from the date when you review for the current installment.

Please click the link below to view your responsive records.

Link

Sincerely,

Shawn Campbell City Clerk City Clerk's Office 253-931-3055"

Mr. Campbell, we have not received a first installment of the requested public records.

Please either email the records directly, or provide an internet link to download the records without requiring registration, email addresses, passwords, or other restrictions.

You can also send the records on CD-ROM via US Mail as per the original Public Records Request.

Thank you.

From: Team APD

Dear Mr. Campbell,
Please provide the first installment of records via direct email or upload in the same manner Auburn Deputy City Clerk Teresa Mattingly did in response to an Auburn Police Department Public Records Request on 06/10/2021:

https://www.muckrock.com/foi/auburn-8285/police-staff-roster-may-2021-auburn-police-department-112915/

A screenshot of Ms. Mattingly’s electronic document upload is attached.

Thank you.

From: Auburn Police Department

--- Please respond above this line ---

Dear Team APD -
I received the communication from you regarding the link in my email dated 8/25/2021. Please note there was a link to the documents. I will resend it below.
Please click the link below to view your responsive records.
Link
Sincerely,
Shawn Campbell City Clerk City Clerk's Office 253-931-3055

Warning An exclamation point.

There are too many files to display on this communication. See all files

From: Auburn Police Department

--- Please respond above this line ---
RE: PUBLIC RECORDS REQUEST of July 01, 2021, Reference # P023255-070121
Dear Team,
The City of Auburn received a public records request from you on July 01, 2021. You requested the following:
"To Whom It May Concern:

Pursuant to the Washington Public Records Act, I hereby request the following records:

REQUEST FOR COMPLETE NONEXEMPT EMPLOYEE PERSONNEL FILE – Sergeant David Lind - Employee ID #1983 – AUBURN POLICE DEPARTMENT

I request a complete nonexempt copy of the personnel or employee file for Auburn Police Sergeant David Lind (Employee ID #1983).

REQUEST FOR TEXT MESSAGES - January 1, 2019 through July 1, 2021

I request all Text messages (i.e., SMS messages) and other mobile-phone-based text communications (e.g., Signal Messenger, WhatsApp, Wire, Wickr, Telegram, iMessage, Facebook Chat, SnapChat, Slack, Glip, Facebook and Twitter "direct messages," etc.), addressed or "CC'd" to, or sent from Auburn Police Sergeant David Lind (Employee ID #1983) or any alias of his, on personal or work-specific devices operated by or otherwise under the control of Sergeant Lind during the time period January 1, 2019 through July 1, 2021.

REQUEST FOR EMAIL MESSAGES - January 1, 2019 through July 1, 2021

I request all Email messages of any kind addressed or "CC'd" to, or sent from Auburn Police Sergeant David Lind (Employee ID #1983) or any alias of his, on personal or work-specific devices operated by or otherwise under the control of Sergeant Lind during the time period January 1, 2019 through July 1, 2021.

REQUEST FOR MEMOS - January 1, 2019 through July 1, 2021

I request all Memos of any kind addressed or "CC'd" to, sent from or referring in any way to Auburn Police Sergeant David Lind (Employee ID #1983) or any alias of his, during the time period January 1, 2019 through July 1, 2021.

REQUEST FOR TELEPHONE LOGS - January 1, 2019 through July 1, 2021

I request all Telephone logs of any cellular or “landline” telephone, weather personal or work-specific devices operated by or otherwise under the control of Sergeant Lind during the time period January 1, 2019 through July 1, 2021.

In the event that the search for responsive records involves a public employee's good-faith search of his or her personal device, please provide a reasonably detailed, nonconclusory affidavit attesting to the nature and extent of that search.

If any potentially responsive records have been destroyed, then I request copies of the destruction or transfer slips as well as any other documentation relating to, mentioning or describing said transfer or destruction, to include but not be limited to confirmation that the Department or the City of Auburn has no other copies of said records.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.

Sincerely,

Team APD

Upload documents directly: https://https://www.muckrock.comhttps://www.muckrock.com/
The next installment of records responsive to your request has been compiled. The second installment consist of 2,471 emails. The cost for this installment will be $30.85 (2471 emails at $0.05 per every 4 attachments).
You have 15 calendar days to pay/review the current installment. If this installment isn't paid/reviewed for by 09/22/2021, we will consider your request abandoned and closed. We will release the next installment 20-25 business days from the date when you review/pay for the current installment.
This installment is similar in content to the first installment. If you would prefer to review the documents prior to payment I can set up an appointment for you to review the current installment in person. Please call me at 253-931-3055 if you would like to set up an appointment.
The current payment options are:

* Pay in person with cash, check or credit card (Please note there is a 3% fee for paying with a credit card) at 25 West Main Street, Auburn
* Pay by mail, please include the records request reference number on the check (P023255) and mail check to:
City of Auburn
Attn: City Clerk’s Office
25 West Main Street
Auburn WA, 98001

* Pay over the phone with Credit Card (Please note there is a 3% fee for paying with a credit card) at 253-931-3039. Sincerely,
Shawn Campbell City Clerk City Clerk's Office 253-931-3055

Files

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There are too many files to display on the request page. See all files .