Recorded Securus Phone Calls and/or Communications Records and Contracts and Supporting Documents - Island County

Robert Teel filed this request with the Island County Sheriff's Office of Island County, WA.
Status
Completed

Communications

From: Robert Teel

To Whom It May Concern:

Pursuant to RCW Ch. 42.56 (Public Records Act), I hereby request the following records:

Please provide:

(1) all (i) audio or visual records and recordings, or (ii) written transcriptions, notes, reports, or memoranda, or (iii) other information, about, in connection with, or of, any and all phone calls, emails, videos, or other communications made or received by detainees or inmates using any Securus phone or communication system, including without limitation the Securus Secure Call Platform or the AdvanceConnect Direct Bill, Traditional Collect, Inmate Debit, Jail Voicemail, Video Visitation, Securus Online, or Secure Instant Email, for any detention facilities operated by you, including without limitation the ISLAND COUNTY JAIL and ISLAND COUNTY JUVENILE DETENTION FACILITY, and including without limitation records and recordings of:

(a) the content of the communication;
(b) the prisoners’ first and last names;
(c) the phone numbers they called or received calls from;
(d) the date, time, and duration of the calls;
(e) the inmates’ Securus account numbers;
(f) the metadata for the communication;
(g) the recording URL where the audio recordings of the calls can be downloaded; and
(h) any other information collected by Securus or you in connection with such calls; and

(2) all contracts, agreements, correspondence, documents, statements, writings and recordings of every kind (mechanical, electronic, typed or written) by and between the Missouri Department of Corrections or any other law enforcement agency and Securus, including but not limited to, letters, correspondence, memoranda, notes, audio recordings, reports, and transcriptions in the possession of, or subject to the control of you or Securus.

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,

Robert Teel

From: Wylie Farr

I am in receipt of your attached request. At this time I need you to clarify a few things. You state all, Not being familiar with the system I went into it to print a report. The system will allow me to print an excel report for the last 365 days. This report however does not provide me with the content of the communication. It does provide, where the call was made from (cell block) phone number dialed, start date and end date and time of the call, the duration of the call, the name of the inmate, the call type, call status (completed or not) and the language used.

Also, you state in your request information from Island County Juvenile Detention Facility, they are not part of our jail system and that request will have to be made directly to that facility.

Thank you and I will await your clarification.

Wylie Farr
Chief Civil Deputy
Island County Sheriff Office

From: Robert Teel

Thank you Deputy Farr for your prompt response.

I understand from your response you are not in possession of any of the items requested from the Island County Juvenile Detention Facility. Can you confirm that you are the records officer for the Sheriff's Office and the Juvenile Detention Facility? If not, please refer me to the records officer for the agency in charge of the Juvenile Facility. In addition, I would appreciate it if you would forward me the spreadsheet you referred to.

I am unable to tell from your response whether or not your office has any of the other records requested. I understand the Island County Sheriff's Office is a party to the Securus contract and accordingly is in possession of the items set forth in subparagraph (2) of my request. I also understand as part of that contract, phone calls and the information requested in subparagraph (1) of my request are required to be monitored, recorded, collected, stored, and made available to the Sheriff's Office.

I hope this clears up any confusion you may have. Please let me know if you have other questions. Otherwise, I look forward to receiving the requested records.

Sincerely,

Robert Teel

I would appreciate

From: Wylie Farr

Attached is the excel file on the Securus per my e-mail.

Thank you,

Wylie Farr
Chief Civil Deputy
Island County Sheriff Office

CallDetailExcelReport_02.16.2016

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From: Wylie Farr

Thank you for your response to my e-mail. I am sending you the only contract we have that was signed in 2007. It was a 5 year contract which obviously has expired and it is my understanding we have just been working on a month to month basis since. Per your attached you asked me about the Juvenile Detention Facility. I am not the records officer for the Juvenile Detention Facility as they are not a part of the Island County Sheriff's Office, you will have to make a request directly to them.

The system we have would not let me print calls but did let me download to excel up to 364 days. I have done so, I am going to try and send you by e-mail that information however it might be to big to send. A few changes were made in June of 2015 where the inmates started receiving a pin number and an account number. You will see the difference in information with that and the inmates names on the report. You mention something about metadata etc. I'm sorry but we have no idea how to get that information.

After I send you the disc. Please let me know if this will close my request. I am hoping it will allow me to send it, if not I will let you know as there is a small fee to mail it etc.

Thank you,

Wylie Farr
Chief Civil Deputy
Island County Sheriff Office

From: Robert Teel

Thank you Deputy Farr. I will look these documents over and follow up. I appreciate your courtesy and professionalism

Sincerely,

Robert Teel

From: Robert Teel

Hello Deputy Farr,

Thank you again for the spreadsheet you provided. Are there any records, documents, or other information which you have or can obtain from Securus that simply shows which of the calls on the spreadsheet were or were not recorded? Is there a way to ascertain that and provide those records?

Sincerely,
Robert Teel

From: Wylie Farr

I went back into the system in the jail and also spoke with the lieutenants as I am not familiar with how the system works.
The system will record any call that is over 2 minutes, under 2 minutes it does not record the call. The only way to know what the calls context is would be to individually download each call to some kind of equipment, have it transcribed then it would have to be redacted and copied.
It would be a very time consuming process and very expense. Our office is small and we don’t have that kind of equipment or man power.
I hope this helps. So on the spreadsheet any call with a duration over 2 minutes.

Thank you,

Wylie Farr
Chief Civil Deputy
Island County Sheriff Office

From: Robert Teel

Thank you Deputy Farr,

In as much as Securus is acting as the functional equivalent of a public agency in this situation, would you please ask Securus to search for and provide any responsive records they have in their possession? Thank you for your consideration.

Sincerely,
Robert Teel

From: Wylie Farr

Mr. Teel:
I am not sure what you are requesting by asking Securus to search for and provide responsive records. Securus does not maintain our records within this system they supply equipment maintenance for us, they do not keep our records in their possession.
I wish I had an easy answer but I don’t. If I am misunderstanding something please let me know.

Thank you,

Wylie Farr
Chief Civil Deputy
Island County Sheriff Office

From: Robert Teel

Sure. The Securus Master Services Agreement typically provides that, "The System, the Applications, and related records, data, and information shall at all times remain [Securus'} sole and exclusive property ..." In addition, the MSA typically provides that while the client retains custody and ownership of all recordings, and inmate e-mail messages, Securus is granted "a perpetual limited license to compile, store, and access recordings or inmate calls and access inmate e-mail messages..." and will provide the client with reasonable access thereto.

Securus claims to make the information I have requested available at its fingertips. So, to the extent a request to Securus would simplify the process of compiling, storing, and accessing the requested information and provide easy access thereto, I would appreciate it.

Sincerely,
Robert Teel

From: Wylie Farr

I spoke with Securus regarding the recordings you are requesting. I found out the following. Records are only maintain for one year. In the last year we have had 14,019 calls. They told me it would take about 150 or more CD’s for these calls, they are looking into cost, probably will run $5.00 + CD and shipping. However they said it could take months to provide them. With knowing that, I now have to put in a legal assist to my Prosecutors office as I have no way to know what is on the recordings and no way to redact them. Much of these could be private and not for public disclosure, I just don’t know.
When I obtain further I will let you know at which time I will need to know if you want me to proceed due to the cost.

Thank you,

Wylie Farr
Chief Civil Deputy
Island County Sheriff Office

From: Robert Teel

Thank you Deputy Farr. If you could you put me in touch with the appropriate person in the Civil Division of Mr. Banks office, I may be able to modify my request in order to avoid any needless expenditure of resources. Have a good weekend.

Sincerely,
Robert Teel

From: Wylie Farr

Thank you for your reply, however it is County policy that we submit a PA request for information on how best to proceed with cases such as this.
Since we have no idea what is on the tapes it could be considered private or if they are speaking with a Juvenile those calls cannot be disclosed. Therefore they may have to all be dictated and redacted which would be very costly.
I am going to submit the request today but if you would like to speak with me I can be reached at 360-679-7323.

Thank you,

Wylie Farr
Chief Civil Deputy
Island County Sheriff Office

From: Robert Teel

Thank you Deputy Farr,

First, I understand about the Juveniles. Second, please let me know before incurring any costs. I will give you a call in the next couple days to discuss. I do not wish to put you or the Department to any undue effort and I'm not sure it is at all necessary to dictate and redact calls.

Thank you again for your consideration and professionalism. I appreciate it.

Sincerely,
Robert Teel

From: Wylie Farr

Thank you for your note. I am waiting to hear from the PA on the legal request I submitted. Once I hear from them I will get back with you.

Thank you,

Wylie Farr
Chief Civil Deputy
Island County Sheriff Office

From: Wylie Farr

Thank you for your follow up. I have spoken with the PA’s office and they are still looking into your request on us releasing these calls since we don’t know if there is attorney/client information or juvenile. I am hoping to know something in the next few days or by the first part of next week as I will be leaving on 4/14/16 and be out until 4/25/16. I will get back with you as soon as possible.

Thank you,

Wylie Farr
Chief Civil Deputy
Island County Sheriff Office

From: Wylie Farr

It looks like I will most likely be able to provide you with the calls. These will be on CD’s and as I mentioned about 150 of them. There will be a cost as I mentioned and I want to make sure you are prepared to pay it before we proceed. Please advise.

Thank you,

Wylie Farr
Chief Civil Deputy
Island County Sheriff Office

From: Robert Teel

Thank you Deputy Farr,

I will follow up with you early next week.

Sincerely,
Robert Teel

From: Wylie Farr

Thank you I will be out of town from Thursday the 14 not returning until the 25th
Sent from my iPhone

From: Robert Teel

Let's touch base upon your return. Thank you Deputy Farr.

From: Wylie Farr

Mr. Teel:
I have received further information from our PA’s office regarding your request. Please see below:

When a record falls within a specific exemption provided in an “other statute” that prohibits disclosure of records, an agency may withhold such record from Public disclosure. RCW 42.56.070(1). Here, the requested recordings of inmate phone calls are specifically exempt from public disclosure as provided in RCW 70.48.100(2). RCW 70.48.100(2) provides in relevant part that “the records of a person confined in jail shall be held in confidence and shall be made available only to criminal justice agencies” and in a few other limited instances that do not apply to the PRA request. Accordingly, all the recordings of inmate phone calls that you request are exempt from public disclosure under RCW 70.48.100(2).

Therefore after further research the records you requested will not be released. If you have any questions please let me know, as of today I am closing this request.

Thank you,

Wylie Farr
Chief Civil Deputy
Island County Sheriff Office

From: Robert Teel

Thank you Deputy Farr,

One last question. I received numerous copies of emails (literally thousands in some cases) from other jurisdictions. Are there any emails responsive to my request?

Thank you for your consideration.

Sincerely,
Robert Teel

From: Wylie Farr

I’m sorry not sure what you are asking about “any emails responsive to your request”. Please clarify.

Wylie Farr
Chief Civil Deputy
Island County Sheriff Office

From: Robert Teel

Dear Deputy Farr,

I must apologize for a typographical error in my original request. The reference in the original request to the "Missouri Department of Corrections" should have referred to the "Island County Sheriff's Offfice" as follows:

"(2) all contracts, agreements, correspondence, documents, statements, writings and recordings of every kind (mechanical, electronic, typed or written) by and between the Island County Sheriff's Office or any other law enforcement agency and Securus, including but not limited to, letters, correspondence, memoranda, notes, audio recordings, reports, and transcriptions in the possession of, or subject to the control of you or Securus."

I received and reviewed literally thousands of non-investigatory emails and correspondence between other detention facilities in other jurisdictions and Securus in connection with Securus' administration, operation, and maintenance of the facilities' telecommunications systems (i.e., emails referring to problems, complaints, glitches, calls not getting through, recording warning prompts, collect calls, recording of private calls, etc.) This is the correspondence and/or emails I am referring to.

Sincerely,
Robert Teel

From: Wylie Farr

Thank you, I already sent you the contract we have which is old and is now on a month to month. I am having our IT department check e-mails for Securus phone related messages, that would be all we have. When I hear back from them I will get back in touch with you.

Thank you,

Wylie Farr
Chief Civil Deputy
Island County Sheriff Office

From: Robert Teel

Thank you Deputy Farr, I appreciate it.

Robert Teel

From: Wylie Farr

I previously sent you the contract which was all the documents we had in the file. I asked our IT department to pull all e-mails showing Securus to or from the staff in the jail that would deal with them. IT was able to look from 1/1/2015 to date. I have 90 pages which I had to print, redact and re-copy. Therefore payment of $27.00 needs to be paid at which time I will mail these to you. The breakdown is:
90 pages X .25 cents per page $22.50 plus $4.50 for mailing.
If you have any questions please let me know otherwise I will hold until payment is received.

Thank you,

Wylie Farr
Chief Civil Deputy
Island County Sheriff Office

From: Robert Teel

Thank you Deputy Farr,

I will forward payment forthwith.

Sincerely,
Robert Teel

From: MuckRock.com


To Whom It May Concern:

Please find enclosed a check for $27.00 to satisfy the fee associated with the attached public records request.

Thank you.

From: Island County Sheriff's Office

A cover letter granting the request and outlining any exempted materials, if any.

From: Island County Sheriff's Office

A copy of documents responsive to the request.

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