Tactical Ops documents (Bellevue, WA)

Dear Ms. Smathers:

You have requested:

-A copy of the police department budget from 2008-2013 -A current master list of all equipment used for tactical ops, including any lists kept between 2008-2012 -All documents relating to the training of officers for tactical ops between 2008-2013 -All use of force complaints made against officers between 2008-2013

I estimate that we will need approximately 6 weeks to complete this request. If it is acceptable with you, I will send the responses in installments.

Under Washington law, you are entitled to a redaction and exemption log. This log would explain each exemption and each redaction and where they are located in the materials. If you would prefer to receive a general list and explanation of the redactions and a specific list of any total exemptions, please let me know. The general list does allow us to speed up the response time.

I do need a clarification on all documents relating to the training of officers for tactical ops. Do you want the records of training? Do you want the certifications of the officers (if any)? Do you want the schedules? Do you want the training materials? Is there anything specifically that you are looking for? I do not know how much we have yet, but I am assuming this might be a lot of stuff that you may or may not find useful.

Thank you in advance for your patience.

Kyle Aiken
Legal Advisor
Bellevue Police Department
425-452-7826
The contents of this electronic mail message do not necessarily reflect the official views of the elected officials or citizens of the City of Bellevue.

Dear Ms. Smathers:

Thank you for your patience in awaiting the production of your public records request. One part of your request was for all use of Force Complaints against Bellevue Police Officers from 2008 to the present. Our retention period for Use of Force Complaints is three years. The Bellevue Police Department has received 8 use of force complaints during that time. I will be sending them to you electronically. I will need to send them in installments. There is no charge for the documents I am able to send electronically.

In your April 22, 2013 e-mail you also requested:

A current master list of all equipment used for tactical ops, including any lists kept between 2008-2012 -All documents relating to the training of officers for tactical ops between 2008-2013

In my May 30, 2013 e-mail, I asked for a clarification of part of your request:

I do need a clarification on all documents relating to the training of officers for tactical ops. Do you want the records of training? Do you want the certifications of the officers (if any)? Do you want the schedules? Do you want the training materials? Is there anything specifically that you are looking for? I do not know how much we have yet, but I am assuming this might be a lot of stuff that you may or may not find useful.

In my May 30, 2013 e-mail, I asked for a clarification of part of your request:

I do need a clarification on all documents relating to the training of officers for tactical ops. Do you want the records of training? Do you want the certifications of the officers (if any)? Do you want the schedules? Do you want the training materials? Is there anything specifically that you are looking for? I do not know how much we have yet, but I am assuming this might be a lot of stuff that you may or may not find useful.

I do not believe I have received a clarification. I need a clarification so I can identify these documents.

USE OF FORCE:
There are no redactions or exemptions in 12-003. We do have a video. The fee for video is $40.00 if you want it. The contents of the video are described in the investigation.

11-058 Part 2: The redaction in this installment is a mark over the photographed face of the subject. This redaction is done for privacy of the subject as he is unclothed. Under RCW 42.56.050 and RCW 42.56.240 (1), disclosing an identifiable photograph of a nude person would be highly offensive to a reasonable person. The identity of this person in the photograph is redacted in the other installments is redacted for the same reason and because his medical/mental condition is described. This would be an invasion of his privacy under RCW 42.56.050.

Kyle Aiken
Legal Advisor
Bellevue Police Department
425-452-7826
The contents of this electronic mail message do not necessarily reflect the official views of the elected officials or citizens of the City of Bellevue.

clarify that request so that we may work on it? Thank you.

Sincerely,

Second Installment

Dear Ms. Smathers:

Attached are two more installments of your public records request for Use of Force Complaints. No documents have been totally exempt. The following redactions have been made to various pages:

1. The name of the complainant. In this case, the complainant is accused of Theft of Services from a restaurant. It would be highly embarrassing to be accused of this offense. The offense was not investigated. Therefore it is an unsubstantiated allegation. The basis for this redaction is RCW 42.56.050 as an invasion of the complainant's privacy as it would be highly offensive to be publically exposed as an alleged thieve .

2. Medical Diagnosis: The complainant provided medical records and a medical release. Medical information is protected first as a private matter under RCW 42.56.050 as it would highly offensive to a reasonable person . It is also specifically protected by RCW 70.02.005

The legislature finds that:

(1) Health care information is personal and sensitive information that if improperly used or released may do significant harm to a patient's interests in privacy, health care, or other interests.

(2) Patients need access to their own health care information as a matter of fairness to enable them to make informed decisions about their health care and correct inaccurate or incomplete information about themselves.

(3) In order to retain the full trust and confidence of patients, health care providers have an interest in assuring that health care information is not improperly disclosed and in having clear and certain rules for the disclosure of health care information.

(4) Persons other than health care providers obtain, use, and disclose health record information in many different contexts and for many different purposes. It is the public policy of this state that a patient's interest in the proper use and disclosure of the patient's health care information survives even when the information is held by persons other than health care providers.

(5) The movement of patients and their health care information across state lines, access to and exchange of health care information from automated data banks, and the emergence of multistate health care providers creates a compelling need for uniform law, rules, and procedures governing the use and disclosure of health care information.
RCW 70.02.050 allows release of medical information without the patient's permission in very limited circumstances, a public records request is not one of the limited circumstances:

(1) A health care provider or health care facility may disclose health care information about a patient without the patient's authorization to the extent a recipient needs to know the information, if the disclosure is:

(a) To a person who the provider or facility reasonably believes is providing health care to the patient;

(b) To any other person who requires health care information for health care education, or to provide planning, quality assurance, peer review, or administrative, legal, financial, actuarial services to, or other health care operations for or on behalf of the health care provider or health care facility; or for assisting the health care provider or health care facility in the delivery of health care and the health care provider or health care facility reasonably believes that the person:

(i) Will not use or disclose the health care information for any other purpose; and

(ii) Will take appropriate steps to protect the health care information;

(c) To any other health care provider or health care facility reasonably believed to have previously provided health care to the patient, to the extent necessary to provide health care to the patient, unless the patient has instructed the health care provider or health care facility in writing not to make the disclosure;

(d) To any person if the health care provider or health care facility reasonably believes that disclosure will avoid or minimize an imminent danger to the health or safety of the patient or any other individual, however there is no obligation under this chapter on the part of the provider or facility to so disclose;

(e) To immediate family members of the patient, including a patient's state registered domestic partner, or any other individual with whom the patient is known to have a close personal relationship, if made in accordance with good medical or other professional practice, unless the patient has instructed the health care provider or health care facility in writing not to make the disclosure;

(f) To a health care provider or health care facility who is the successor in interest to the health care provider or health care facility maintaining the health care information;

(g) For use in a research project that an institutional review board has determined:

(i) Is of sufficient importance to outweigh the intrusion into the privacy of the patient that would result from the disclosure;

(ii) Is impracticable without the use or disclosure of the health care information in individually identifiable form;

(iii) Contains reasonable safeguards to protect the information from redisclosure;

(iv) Contains reasonable safeguards to protect against identifying, directly or indirectly, any patient in any report of the research project; and

(v) Contains procedures to remove or destroy at the earliest opportunity, consistent with the purposes of the project, information that would enable the patient to be identified, unless an institutional review board authorizes retention of identifying information for purposes of another research project;

(h) To a person who obtains information for purposes of an audit, if that person agrees in writing to:

(i) Remove or destroy, at the earliest opportunity consistent with the purpose of the audit, information that would enable the patient to be identified; and

(ii) Not to disclose the information further, except to accomplish the audit or report unlawful or improper conduct involving fraud in payment for health care by a health care provider or patient, or other unlawful conduct by the health care provider;

(i) To an official of a penal or other custodial institution in which the patient is detained;

(j) To provide directory information, unless the patient has instructed the health care provider or health care facility not to make the disclosure;

(k) To fire, police, sheriff, or another public authority, that brought, or caused to be brought, the patient to the health care facility or health care provider if the disclosure is limited to the patient's name, residence, sex, age, occupation, condition, diagnosis, estimated or actual discharge date, or extent and location of injuries as determined by a physician, and whether the patient was conscious when admitted;

(l) To federal, state, or local law enforcement authorities and the health care provider, health care facility, or third-party payor believes in good faith that the health care information disclosed constitutes evidence of criminal conduct that occurred on the premises of the health care provider, health care facility, or third-party payor;

(m) To another health care provider, health care facility, or third-party payor for the health care operations of the health care provider, health care facility, or third-party payor that receives the information, if each entity has or had a relationship with the patient who is the subject of the health care information being requested, the health care information pertains to such relationship, and the disclosure is for the purposes described in RCW 70.02.010<http://apps.leg.wa.gov/rcw/default.aspx?cite=70.02.010@@(8) (a) and (b); or

(n) For payment.

(2) A health care provider shall disclose health care information about a patient without the patient's authorization if the disclosure is:

(a) To federal, state, or local public health authorities, to the extent the health care provider is required by law to report health care information; when needed to determine compliance with state or federal licensure, certification or registration rules or laws; or when needed to protect the public health;

(b) To federal, state, or local law enforcement authorities to the extent the health care provider is required by law;

(c) To federal, state, or local law enforcement authorities, upon receipt of a written or oral request made to a nursing supervisor, administrator, or designated privacy official, in a case in which the patient is being treated or has been treated for a bullet wound, gunshot wound, powder burn, or other injury arising from or caused by the discharge of a firearm, or an injury caused by a knife, an ice pick, or any other sharp or pointed instrument which federal, state, or local law enforcement authorities reasonably believe to have been intentionally inflicted upon a person, or a blunt force injury that federal, state, or local law enforcement authorities reasonably believe resulted from a criminal act, the following information, if known:

(i) The name of the patient;

(ii) The patient's residence;

(iii) The patient's sex;

(iv) The patient's age;

(v) The patient's condition;

(vi) The patient's diagnosis, or extent and location of injuries as determined by a health care provider;

(vii) Whether the patient was conscious when admitted;

(viii) The name of the health care provider making the determination in (c)(v), (vi), and (vii) of this subsection;

(ix) Whether the patient has been transferred to another facility; and

(x) The patient's discharge time and date;

(d) To county coroners and medical examiners for the investigations of deaths;

(e) Pursuant to compulsory process in accordance with RCW 70.02.060@@http://apps.leg.wa.gov/rcw/default.aspx?cite=70.02.060>.

(3) All state or local agencies obtaining patient health care information pursuant to this section shall adopt rules establishing their record acquisition, retention, and security policies that are consistent with this chapter.
If you have any questions about the redactions, please let me know. We have experienced a problem with our scanning program, so the person who does the scanning is sending them to me as he completes them. The file names are correct, but the parts will need to be compiled.

Thanks for your patience.

Sincerely,

Kyle Aiken
Legal Advisor
Bellevue Police Department
425-452-7826
The contents of this electronic mail message do not necessarily reflect the official views of the elected officials or citizens of the City of Bellevue.

Ms. Smathers,

You requested the Budget for the Bellevue Police Department for 2008-2013. The Department does not have a separate Budget. The City has one budget. Here are the links to the adopted Budget and explanatory materials:

http://www.bellevuewa.gov/pdf/City%20Council/PacketRegularSession12-1-0811g.pdf 2008-2010
http://www.bellevuewa.gov/pdf/City%20Council/PacketRegularSession12-6-1011a8.pdf 2011-2012
http://www.bellevuewa.gov/pdf/City%20Council/PacketRegularSession12-03-1211b7.pdf 2013-2014

There are no redactions or exemptions.

Kyle Aiken
Legal Advisor
Bellevue Police Department
425-452-7826
The contents of this electronic mail message do not necessarily reflect the official views of the elected officials or citizens of the City of Bellevue.

Ms. Smathers:

This is a standards investigation that arose from a Use of Force Complaint. The name of the complainant has been redacted because the reason for the contact involved an allegation of sexual misconduct with a juvenile. It would be highly offensive to a reasonable person to be accused of sexual misconduct with a juvenile, therefore these redactions are necessary to protect the privacy rights of the complainant. RCW 42.56.050.

The name of alleged victim is also redacted. The victim is a child victim. Under RCW 7.69A.030 (4), the child has this right:

(4) To not have the names, addresses, nor photographs of the living child victim or witness disclosed by any law enforcement agency, prosecutor's office, or state agency without the permission of the child victim, child witness, parents, or legal guardians to anyone except another law enforcement agency, prosecutor, defense counsel, or private or governmental agency that provides services to the child victim or witness.

Under RCW 7.69A.050, the address of the alleged child victim is also protected. These statutes are designed to protect the privacy of child victims because it would be highly offensive to a reasonable person to be publicly identified as a child victim of sexual misconduct.

I will be sending the Use of Force Complaint separately.

Kyle Aiken
Legal Advisor
Bellevue Police Department
425-452-7826
The contents of this electronic mail message do not necessarily reflect the official views of the elected officials or citizens of the City of Bellevue.

Dear Ms. Smathers:

Attached is one section of a Use of Force Complaint. I apologize for the many installments I have had to send. Our system is giving me fits today. It won't let me send too many mb of information in any one e-mail.

As in previous e-mails, the only redaction in this report is the name of the complainant. This is done to protect his privacy. It is alleged that he either threatened to kill himself or harm hospital workers. It is also alleged that he is banned from area hospitals for wrongfully attempting to obtain certain medication. It would be highly offensive for a person to be publicly accused of these issues. Therefore, under RCW 42.56.050, the privacy of the individual needs protection.

Sincerely,

Kyle Aiken
Legal Advisor
Bellevue Police Department
425-452-7826
The contents of this electronic mail message do not necessarily reflect the official views of the elected officials or citizens of the City of Bellevue.

Dear Ms. Smathers:

Here is another installment in the Use of Force Reports. This one also has a privacy redaction of the subject's name. The subject was taken to a hospital for an involuntary commitment. It would be highly offensive to a reasonable person to be publicly identified as someone who was under the influence of something and unable to care for his own safety. Therefore, RCW 42.56.050 requires we protect this person's medical privacy.

If you have any questions, please let me know.

Sincerely,

Kyle Aiken
Legal Advisor
Bellevue Police Department
425-452-7826
The contents of this electronic mail message do not necessarily reflect the official views of the elected officials or citizens of the City of Bellevue.

Dear Ms. Smathers:

This is another use of force. The only redaction in this is the social security number of the complainant. This is redacted under RCW 42.56.230 (4) the number is confidential and private to the complainant. The name of the complainant is not redacted in this report because charges against the complainant were filed in King County District Court. She pled guilty to Trespass and Resisting Arrest.

Sincerely,

Kyle Aiken
Legal Advisor
Bellevue Police Department
425-452-7826
The contents of this electronic mail message do not necessarily reflect the official views of the elected officials or citizens of the City of Bellevue.

Dear Ms. Smathers,

Here are more documents related to the Use of Force Complaint. The social security number and the driver's license number of the complainant are redacted because these are confidential numbers under RCW 42.56.050. If you have any questions, please let me know.

Sincerely,

Kyle Aiken
Legal Advisor
Bellevue Police Department
425-452-7826
The contents of this electronic mail message do not necessarily reflect the official views of the elected officials or citizens of the City of Bellevue.

Dear Ms. Smathers,

Attached is the conclusion of a Use of Force Complaint. The name of the complainant has been redacted because he is alleged to have been intoxicated and to have stolen services from a restaurant. No charges were filed so the complainant does not have an opportunity to refute the allegations. It is highly offensive to a reasonable person to be publicly accused of a crime, especially one involving honesty. Therefore, RCW 42.56.050 protects his privacy.

If you have any questions, please let me know.

Sincerely,

Kyle Aiken
Legal Advisor
Bellevue Police Department
425-452-7826
The contents of this electronic mail message do not necessarily reflect the official views of the elected officials or citizens of the City of Bellevue.

This might be a duplicate. I believe your request for the use of force complaints is complete. If you disagree, let me know. If you want anything else from these files, please let me know.

If I don't hear back from you, I will assume you are satisfied with this request and I will close this request.