Copy of HR, CAD, RMS, IAPro or similar software, Parking Tickets, Driving citations, J-walking or similar citations, DEMS, 911 Call/radio recorder, Internet logs, Forensics software SQL data (Kent Police Department)

Dear Tim Clemans: Thank you
for your interest in public records of the City of Kent. Your request has been
received and is being processed. Your request was received in this office on
10/21/2019 and given the reference number W021161-102119
for tracking purposes. Pursuant to RCW 42.56, this response acknowledges receipt of your request for
public records. The City estimates  it will provide a further response
within 5 business days with a determination regarding disclosure, denial, or if
an exemption to disclosure can be established. The City reserves the right to
extend this time frame if necessary.
Records Requested: To Whom It May Concern:

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

First off phone communications or in person communications with me must be recorded. My phone number is 206-905-6583 and is automatically record inbound and outbound and with auto recording legal warning on inbound and outbound. Some of you have other numbers for me. I won't accept calls from those numbers. Any meetings or phone conferences should include a PRA attorney and the IT person with most knowledge of SQL.

The purpose of the request to address the commercial use prohibition on list of persons is to conduct very complex analysis that goes far beyond what the agency has ever done and to importantly put all of the data in a data warehouse to do cross database analysis. Tim Clemans or InvestigateSafety LLC will not use the data to solicit business transactions nor will it knowly share the data with others that state they want to do so. The data will be published to the internet with the statement taken from Washington State SOS "RCW 42.56.070(8) prohibits the Office of the Secretary of State from providing access to lists of individuals requested for commercial purposes. The company or person using this data agrees that lists of individuals derived by the company or person from the information obtained from this site will not be provided to any customer for commercial purposes in violation of RCW 42.56.070(8)." modified to say supplying agency's name. https://www.sos.wa.gov/corps/alldata.aspx Toby Nixon of WashingtonCOG said to "Does the non commercial use prohibitions for list of persons and dashcam prohibit requester from publishing those records online i filled out a bunch of forms stating purpose of data including to put online and havent heard back" that "I do not believe posting online falls under the definition of "commercial use", even if you have ads on the site. But I'm not your attorney. 🙂"

The request is for a copy of all HR, CAD, RMS, IAPro or similar software, Parking Tickets, Driving citations, J-walking or similar citations, DEMS, 911 Call/radio recorder, Internet logs, Forensics software including tables creating by the SQL software automatically like table of table names and columns. I demand that the data be copied to the CSV format and redactions be done in either Excel or a text editor replacing redacted content with *R*. No exemption log is requested/wanted unless the entire request is denied or for trade secrets/proprietary data/copyright exemptions. I demand to review all third party notifications before notifications are done to add more information to the notification. I records request the contracts and data dictionaries for each effected vendor. Washington State Law doesn't allow this request to be denied because it would take time to review and redact. Nor does it allow the agency to claim that copying the data creates a new record. "If any agency translates a record into an alternative electronic format at the request of a requestor, the copy created does not constitute atab new public record for purposes of this chapter. "

I demand that IT staff only be used to mass copy the data to CSV files using the most efficient software they already have. I request the written name of each sql server used and the name of each sql access tool owned by the agency or the agency's IT provider. I demand the cheapest IT employee or contactor be used that has the ability to press button on SQL access software. I demand that IT not records officer communicate with this email address about the technical aspects of the request and that attorney not records officer communicate with this email about the legal aspects of the request.

I demand a custom data invoice be provided prior to any data copying except to ensure no data covered by the request is deleted. Vendors should be able to freeze deletion for the time it takes to copy the data.

For first installment I demand the table of each table and columns per table: For Microsoft SQL this is the tables sys.objects, sys.columns, sys.types, INFORMATION_SCHEMA.COLUMNS Oracle: ALL_TAB_COLS or DBA_TAB_COLS Mysql: information_schema.columns Postgres: information_schema.columns
For second installment I demand 10 oldest rows of each table except ones released in first installment
Installments are that I request be coordinated with me with an efficient review/redact/release plan. We can work together to remove columns from the request and or rows based on Excel queries.

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,

TimClemans

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thank you for using the Public Records Center. City of Kent

Dear Tim Clemans:

This letter is in response to your public records request, submitted on October 21, 2019, at 8:58 a.m. through the public records portal. Your original request fails to identify public records and the City requires clarification from you before it can undertake reasonable search efforts. The specific clarification sought is summarized below.

A Software Program is not a Public Record or Subject to Production under the Public Records Act – Clarification Required

Under Washington law, a “public record” is a “writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristic.” RCW 42.56.010(3). This definition has been applied using a 3-part test to determine whether a record is a “public record.”

To be a “public record” under RCW 42.56.010(3), information must be (1) a writing (2) related to the conduct of government or the performance of government functions that is (3) prepared, owned, used, or retained by a state or local agency. Nissen v. Pierce Cty, 183 Wn.2d 863, 879 (2015), citing Confederated Tribes of Chehalis Reservation v. Johnson, 135 Wn.2d 734, 746 (1998); and WAC 44-14-03001. All three elements must be present to constitute a public record.

A “writing” is defined by RCW 42.56.010(4) as a:

handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form of communication or representation including, but not limited to, letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, motion picture, film and video recordings, magnetic or punched cards, discs, drums, diskettes, sound recordings, and other documents including existing data compilations from which information may be obtained or translated.

Your request for a copy of software is not a request for a writing or an identifiable public record, but is instead a request for a copy of software or computer program itself. Instead of identifying public records that can be searched for, located, accessed, and produced to you from the requested software program, you have simply asked for a copy of the software program itself. This is not a valid request under the state Public Records Act. As the requester, the initial burden to identify public records rests with you.

Your request listed below is not a request for identifiable public records and requires clarification for the reasons stated below.

Request #1, Paragraph 4 of Email – Request for Software or All Data Within Software:

“The request is for a copy of all HR, CAD, RMS, IAPro or similar software . . . DEMS, 911 Call/radio recorder . . ., Forensics software including tables creating by the SQL software automatically like table of table names and columns. I demand that the data be copied to the CSV format and redactions be done in either Excel or a text editor replacing redacted content with *R*.”

Clarification Needed: First, I assume your reference to “SQL” means “structured query language,” but please clarify and confirm. Second, this Request #1 is either a request for the software itself or a request for all data contained within the software program. For that portion of the request that seeks a copy of the software program itself, please clarify your request to identify a “writing” that can be reasonably produced, exported, extracted, or translated from the software you identify and the City will work to respond to that portion of your request. The software itself is not a public record subject to production under the state Public Records Act (“PRA”). For that portion that seeks a copy of all data within the software program, see the clarification sought immediately below.

Request for “All Records” is not a Request for “Identifiable” Public Records – Clarification Required

The PRA only requires an agency to provide public records for inspection upon receipt of a “request for identifiable public records.” While the PRA does not require much from requestors, it does require that requestors first identify public records before any duty shifts to an agency to produce records. An “identifiable public record” is one in which the requestor has given a “reasonable description enabling the government employee to locate the requested records.”[1] The state Supreme Court has held that if a requesting party could meet the PRA’s requirement of identifying the desired documents by requesting all of an agency’s documents, the statute’s identification requirement would be rendered meaningless.[2] For that reason, Washington courts have consistently held that an agency is excused from complying with a request that fails to identify public records.[3]

A request for “information” or a request for “any and all” records regarding a broad topic is not a request for an identifiable public record. While a requestor need not identify the exact record he seeks, a requestor must provide a meaningful description of the record that is helpful for the person charged with finding the record. However, the PRA does not require agencies to research public records, only to make identified public records available to the public.[4] Nor does the PRA allow unbridled searches of an agency’s property—it only allows public access to government records once those records have first been identified in a public records request.[5] Finally, while RCW 42.56.080(2) provides an agency may not deny a request “for identifiable public records solely on the basis that the request is overbroad,” this statutory requirement presupposes that a proper request for identifiable records has first been received by the agency. Such is not the case with your requests.

Your requests listed below are not requests for identifiable public records and require clarification for the reasons stated immediately following each request.

Request #1, Paragraph 4 of Email – Request for Software or All Data Within Software:

“The request is for a copy of all HR, CAD, RMS, IAPro or similar software . . . DEMS, 911 Call/radio recorder . . ., Forensics software including tables creating by the SQL software automatically like table of table names and columns. I demand that the data be copied to the CSV format and redactions be done in either Excel or a text editor replacing redacted content with *R*.”

Clarification Needed: To the extent this was not a request for the software itself, but instead a request for all content and data within the software program, please clarify the request to identify both: (1) the software program from which you seek public records, and (2) a “writing” that can be reasonably produced, exported, extracted, or translated from that software program and the City will work to locate responsive records and evaluate them for disclosure. A request for all data or records within a software program is not a request for an identifiable public record.

Request #2, Paragraph 4 of Email – Request for Tickets, Infractions, and Citations:

“Parking Tickets, Driving citations, J-walking or similar citations”

Clarification Needed: First, the Kent Police Department does not organize its infractions (traffic and non-traffic), criminal citations (traffic and non-traffic) or parking infractions by ticket or citation type. Instead, they are organized according to the particular case to which they relate, which can be located by searching an assigned case number, violation date, or violator’s name. Your request as submitted would require the City to perform research and create records in order to conduct a cross-reference check to locate infractions or criminal citations that may be responsive to your request, and then to review those individual cases to determine if they contain any responsive records. This research is not required under the PRA. Second, your request is a request for any and all records concerning a very broad topic, and not a request for an identifiable public record. Third, that portion of your request that seeks “or similar citations” fails to identify a public record and requires clarification; it is an inexact description that requires the City to guess as to those citations that you believe are similar to those you list.

In identifying public records, please first clarify your request and identify the types of tickets, infractions, and citations you seek—traffic infractions (infractions related to driving, e.g. speeding); non-traffic infractions (infractions not related to driving, e.g., open container of alcohol in public); parking tickets; criminal traffic citations (criminal charge related to driving, e.g. DUI); and criminal non-traffic citations (criminal charge unrelated to driving, e.g. assault).

In identifying public records, please also provide a violation time period, violator name, or applicable case numbers that apply to your request. In providing clarification, you may wish to familiarize yourself with the statistics associated with case filings made in Kent Municipal Court through the Washington Court’s website (http://www.courts.wa.gov/caseload/). A review of the caseload reports for 2019 and 2018 shows that 23,205 cases were filed in that 2-year time period alone. Each case will have an infraction or a criminal citation. Through your clarification, please identify, out of all of the Kent Police Department’s records, which infractions or citations it is you wish to receive and the applicable time period.

Kent Municipal Court Caseload Statistics

2019 YTD Traffic Infractions – 5,159

2019 YTD Non-Traffic Infractions – 182

2019 YTD Parking Tickets – 2,299

2019 YTD DUI/Physical Control Criminal Cases – 183

2019 YTD Other Traffic Criminal Cases – 534

2019 YTD Non-Traffic Criminal Cases – 2,505

2018 Traffic Infractions – 6,310 Filings

2018 Non-Traffic Infractions – 121 Filings

2018 Parking Infractions – 1,888 Filings

2018 DUI/Physical Control Criminal Cases – 238 Filings

2018 Other Traffic Criminal Cases – 858 Filings

2018 Non-Traffic Criminal Cases – 2,928 Filings

Request #3, Paragraph 4 of Email – Request for Internet Logs:

“Internet Logs”

Clarification Needed: First, the City assumes that your reference to “internet logs” is a request for a copy of an “internet access log” that the City can pull from its firewall. Please clarify and either confirm the City’s assumption is correct, or provide clarification that more particularly describes the records you seek. Second, your request is for any and all records concerning a very broad topic and fails to identify a public record as the PRA requires. Please clarify: (i) the departments, computers, site locations, and/or users for whom you wish obtain the logs, and (ii) the time period that applies to this portion of your request.

Request #4, Paragraph 4 of Email – Request for Unidentified Contracts and Data Dictionaries:

“I records request the contracts and data dictionaries for each effected vendor”

Clarification Needed: This portion of your request fails to identify public records. Please identify the vendors whose contracts you would like to obtain and the time period that applies to your request. Please also identify the data dictionaries it is you seek.

Request #7, Paragraph 7 of Email – Request for Unidentified SQL Tables and Columns:

“For first installment I demand the table of each table and columns per table: For Microsoft SQL this is the tables sys.objects, sys.columns, sys.types, INFORMATION_SCHEMA.COLUMNS Oracle: ALL_TAB_COLS or DBA_TAB_COLS Mysql: information_schema.columns Postgres: information_schema.columns. For second installment I demand 10 oldest rows of each table except ones released in first installment. Installments are that I request be coordinated with me with an efficient review/redact/release plan. We can work together to remove columns from the request and or rows based on Excel queries.”

Clarification Needed: This portion of your request fails to identify public records. Please identify to what portion of your prior 6 requests this direction applies and what records you seek through it.

Request for Information is not a Request for Identifiable Public Records – Clarification Required.

A request for information is not a request for an identifiable public record that is subject to the PRA.

Request #5, Paragraph 5 of Email – Request for Information Re: SQL Servers:

“I request the written name of each sql server used and the name of each sql access tool owned by the agency or the agency's IT provider.”

Clarification Needed: This portion of your request seeks information and not an identifiable public record. Please clarify this portion of your request to identify a public record.

Request for Future Records not a Request for an Identifiable Record – Clarification Required

A public records request may only seek records that exist at the time the request is submitted. A request for records that may be created in the future is invalid and not subject to the PRA.

Request #6, Paragraph 6 of Email – Request for Custom Data Invoice:

“I demand a custom data invoice be provided prior to any data copying except to ensure no data covered by the request is deleted. Vendors should be able to freeze deletion for the time it takes to copy the data.”

Clarification Needed: This portion of your request appears to request the City create a record or provide a record that may be created in the future, and not a record that currently exists. The PRA only requires an agency to produce records that exist at the time a request for an identifiable public record is submitted. Please clarify what existing public record it is that you seek through this description.

As currently submitted, there is no portion of your request the City can begin processing until it receives clarification from you of the issues addressed above. Please provide the requested clarification by 11/27/2019. If the City does not receive the requested clarification from you by this date, it will assume you have abandoned your request and it will be closed.

Thank you.

Sincerely,

Tiffany Alcorn

Tiffany Alcorn

Public Disclosure Administrator

City of Kent Administration
Derek Matheson, CAO

[1] Wood v. Lowe, 102 Wn. App. 872, 498 (2000), citing Bonamy v. Seattle, 92 Wn. App. 403 (1998).

[2] Hangartner v. Seattle, 151 Wn.2d 439, 448 (2004).

[3] See, e.g., Hangartner v. Seattle, 151 Wn.2d 439, 448-449 (2004); Bonamy v. Seattle, 92 Wn. App. 403, 410-412 (1998); Wood v. Lowe, 102 Wn. App. 872, 878—879 (2000); Belenski v. Jefferson County, 187 Wn. App. 724 (2015)

[4] Bomany v. Seattle, 92 Wn. App. 403, 409 (1998).

[5] Hangartner v. Seattle, 151 Wn.2d 439, 448 (2004).

--- Please respond above this line ---
City Clerk Kimberley A. Komoto City Clerk 220 4th Avenue South Kent, WA 98032 Fax: 253-856-6725 PHONE:  253-856-5725
11/07/2019 Tim Clemans MuckRock News DEPT MR 81932 411A Highland Ave Somerville, MA 02144 Re: Public Records Request, dated 10/21/2019 File #W021161-102119 for Other Public Records Matter Dear Tim Clemans:
On 10/21/2019, you submitted a public records request to the City of Kent wherein you sought records for Other Public Records. Thank you for your response. Unfortunately, your correspondence fails to provide the clarification the City said it required from you in order to process your request, except for that portion concerning sql server names.
Your original request, along with this latest correspondence, provides enough information where the City is able to reasonably interpret a portion of it as seeking the following records: “ A list that contains the written name of each sql server used and a list that contains the name of each sql access tool owned by the agency or agency’s IT provider.”
If you intended to seek other records, please clarify your request as the City requested in its October 28, 2019, correspondence.
The City anticipates that it will produce responsive records, either in total or on an installment basis, by November 20, 2019, for this portion of your request. The City cannot process any other portion of your request until you provide the clarification originally requested in the City’s October 28, 2019, correspondence. If you have any questions, please contact the City Clerk’s Office at 253-856-5725. Thank you. Sincerely, Tiffany Alcorn Tiffany Alcorn Public Disclosure Administrator City of Kent Administration
Derek Matheson, CAO

--- Please respond above this line ---
City Clerk Kimberley A. Komoto City Clerk 220 4th Avenue South Kent, WA 98032 Fax: 253-856-6725 PHONE:  253-856-5725
11/20/2019 Tim Clemans MuckRock News DEPT MR 81932 411A Highland Ave Somerville, MA 02144 Re: Public Records Request, dated 10/21/2019 File #W021161-102119 for Other Public Records Matter Dear Tim Clemans: