Internal investigation findings

Dear Rose Terse,

Thank you for submitting your request for public records to the City of Bellevue Police Department. Your request was received in our office on 9/20/2023 6:52:45 PM and given the reference number P004789-092023 for tracking purposes. The details of your request are below.

To Whom It May Concern:

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

Documents detailing the findings and recommended discipline for the following BPD Office of Accountability cases:
- 23-22178 (Pirak)
- 22-62502 (McClelland)
- 2022-59277 (Velling)
- 22-00872 (Pirak)
- 21-43385 (Chin)
- 2021-41878 (Chin)

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,

Rose Terse

Upload documents directly: https://www.muckrock.com/
The City must provide a preliminary response to your request within five (5) business days (RCW 42.56.520); the day the request is received does not count as one of the five (5) days. Weekends and holidays observed by the City are also excluded in the calculation. For additional information regarding our response options, please click here: Prompt Response Required. The City of Bellevue has adopted a Public Records Fee Schedule, please review it for information associated with fees that may be assessed pursuant to your request.
You may monitor the progress of your request via the link below; you will receive an email when your request has been completed. We thank you for using the Public Records Center.
City of Bellevue Police Department

--- Please respond above this line. Anything below will not be viewable to staff. ---

09/28/2023
Rose Terse,
This e-mail is to confirm that the City of Bellevue has received a public records request from you pursuant to the Washington Public Records Act, Ch. 42.56 RCW. Your public disclosure request file number is P004789-092023, which will help us locate your information if you contact us for an update.
You are requesting: "Documents detailing the findings and recommended discipline for the following BPD Office of Accountability cases: - 23-22178 (Pirak) - 22-62502 (McClelland) - 2022-59277 (Velling) - 22-00872 (Pirak) - 21-43385 (Chin) - 2021-41878 (Chin)."

Because of the nature of your request, notice of your request will be provided to subject City employee(s) and any union representing the employee(s) pursuant to RCW 42.56.250.
We anticipate an estimated release date of 10/19/2023 for responsive records that are not exempt from disclosure, due to available staffing levels, volume of work, and the need to notify all involved employees. Please be advised that an employee may seek to enjoin release of the records under RCW 42.56.540.

If additional clarification is needed or there is any change to our response timeline, we will be sure to let you know. Please let us know if you have any questions regarding the processing of your request via a message in the portal or calling Records at 425-452-6917.
Sincerely,
Jessica Abbott
Bellevue Police Department

--- Please respond above this line. Anything below will not be viewable to staff. ---

10/19/2023
Rose Terse,
The first installment of records responsive to your request is now available via the City of Bellevue Public Records Portal webpage. Please note that pop-ups may need to be enabled on your internet browser to access your files for download . Your request is being handled on an installment basis and we predictyour next installment to be ready on or before 11/17/2023.
Pursuant to the Public Records Act RCW 42.56, responsive records may be redacted or exempt. Please review the accompanying privilege log for further information, if such redactions or exemptions have been applied.
Per the State Public Records Act (RCW 42.56.120) and City Public Records Act Rules (Section 6), a public records request may be considered abandoned and subsequently closed if a requestor fails to fulfill their obligation to claim an installment of records; claim the entire production of records; inspect the records; or fails to pay the deposit or final payment for requested records within 30 days of this notification.
If you believe the information furnished has been incorrectly redacted or is incomplete, you may file a written appeal. The appeal must include your name and address, a copy of the redacted document and a copy of this letter together with a brief statement identifying the basis of the appeal. Please mail your appeal to:
Bellevue Police Department
Attn: Records Supervisor
P.O. Box 90012
Bellevue, WA  98009-9012
Thank you,
Jessica Abbott
Bellevue Police Department RPC 4.4 Inadvertent Disclosure Notification: CR 26 (b) (6) Claw Back Provision *** Please read this notice carefully ***
Dear legal practitioner: Please take notice that we take reasonable precautions to prevent the disclosure of privileged or confidential materials, including those protected by the attorney-client privilege and/or work product doctrine, when responding to request for records.  These precautions include, but are not limited to, carefully locating and assembling responsive records, performing an intra-departmental review of the records for purposes of determining whether they contain any privileged or confidential materials, forwarding the records to the County Prosecuting Attorney's Office for independent legal review, meeting and conferring with the Prosecuting Attorney's Office to compare and reconcile any conflicting results of our separate independent reviews and, if necessary, creating a withholding log.  Despite our having taken these precautions, occasionally a mistake is made and privileged or confidential documents are inadvertently produced.  To that end, we wanted to notify you that there is a possibility that the records being produced may contain privileged or confidential materials.  The inadvertent or unintentional production of privileged or confidential documents, without a privileged or confidentiality designation should not be considered a waiver in whole or in part of any claim of privileged or confidential treatment, and any document that initially is produced without bearing a privileged or confidentiality designation may later be so designated.  In the event that you believe you have received privileged or confidential materials, we would ask that you promptly notify us of this fact and take action as necessary to comply with the obligations set forth in Rule of Professional Conduct 4.4 and/or Civil Rule 26 (b)(6).

--- Please respond above this line. Anything below will not be viewable to staff. ---

11/01/2023
Rose Terse,
On 10/19/2023 we provided notice that records responsive to your request were available and that we are processing your request in installments. As of this date, our system indicates those records have not yet been viewed or downloaded.

Per the State Public Records Act (RCW 42.56.120) and City Public Records Act Rules (Section 6), a public records request may be considered abandoned and subsequently closed if a requestor fails to fulfill their obligation to claim an installment of records; claim the entire production of records; inspect the records; or fails to pay the deposit or final payment for requested records within 30 days of the installment notification.

We ask that you please claim your prior installment(s) by 11/19/2023 to avoid this request being closed out as abandoned. If you are having any difficulty accessing your records, please let us know as soon as possible.

If you have any questions regarding your disclosure request or any other matter, please contact the Bellevue Police Department Records Unit via the Public Records Portal or by telephone at (425) 452-6917.
Thank you,
Jessica Abbott
Bellevue Police Department

--- Please respond above this line. Anything below will not be viewable to staff. ---

12/08/2023
Rose Terse,
I am writing to update you on the status of your public disclosure request submitted to the Bellevue Police Department.
Your request is still considered open. We anticipated being able to provide you with responsive records by the end of business on this date, but due to issues with the portal, we have been unable to do so. You should anticipate an additional response by the end of business on 12/15/2023, if not sooner.
If you have any questions regarding your disclosure request or any other matter, please contact the Bellevue Police Department Records Unit via the Public Records Portal or by telephone at (425) 452-6917.
Thank you for your patience,
Jessica Abbott
Bellevue Police Department

--- Please respond above this line. Anything below will not be viewable to staff. ---

12/14/2023
Rose Terse,
The 3rd and final installment of records responsive to your request is now available via the City of Bellevue Public Records Portal website. Pop-ups may need to be enabled on your internet browser to access your files for download . This concludes our search of records in the custody of the Bellevue Police Department. Your request is now closed; we have nothing additionally responsive to this request.

Pursuant to the Public Records Act RCW 42.56, responsive records may be redacted or exempt. Please review the accompanying privilege log for further information, if such redactions or exemptions have been applied.
Per the State Public Records Act (RCW 42.56.120) and City Public Records Act Rules (Section 6), a public records request may be considered abandoned and subsequently closed if a requestor fails to fulfill their obligation to claim an installment of records; claim the entire production of records; inspect the records; or fails to pay the deposit or final payment for requested records within 30 days of this notification.
If you believe the information furnished has been incorrectly redacted or is incomplete, you may file a written appeal. The appeal must include your name and address, a copy of the redacted document and a copy of this letter together with a brief statement identifying the basis of the appeal. Please mail your appeal to:
Bellevue Police Department
Attn: Records Supervisor
P.O. Box 90012
Bellevue, WA  98009-9012
Thank you,
Jessica Abbott
Bellevue Police Department RPC 4.4 Inadvertent Disclosure Notification: CR 26 (b) (6) Claw Back Provision *** Please read this notice carefully ***
Dear legal practitioner: Please take notice that we take reasonable precautions to prevent the disclosure of privileged or confidential materials, including those protected by the attorney-client privilege and/or work product doctrine, when responding to request for records.  These precautions include, but are not limited to, carefully locating and assembling responsive records, performing an intra-departmental review of the records for purposes of determining whether they contain any privileged or confidential materials, forwarding the records to the County Prosecuting Attorney's Office for independent legal review, meeting and conferring with the Prosecuting Attorney's Office to compare and reconcile any conflicting results of our separate independent reviews and, if necessary, creating a withholding log.  Despite our having taken these precautions, occasionally a mistake is made and privileged or confidential documents are inadvertently produced.  To that end, we wanted to notify you that there is a possibility that the records being produced may contain privileged or confidential materials.  The inadvertent or unintentional production of privileged or confidential documents, without a privileged or confidentiality designation should not be considered a waiver in whole or in part of any claim of privileged or confidential treatment, and any document that initially is produced without bearing a privileged or confidentiality designation may later be so designated.  In the event that you believe you have received privileged or confidential materials, we would ask that you promptly notify us of this fact and take action as necessary to comply with the obligations set forth in Rule of Professional Conduct 4.4 and/or Civil Rule 26 (b)(6).