Joshua Freed e-mail with mayors/managers since 2016-09-01 (Kirkland)

Phil Mocek filed this request with the Kirkand City Manager's Office of Kirkland, WA.

It is a clone of this request.

Tracking # P016478-091317
Status
Completed

Communications

From: Phil Mocek

To whom it may concern:

## Background ##

On September 15, 2016, Seattle's, Auburn's, Renton's and King County's [Heroin and Prescription Opiate Addiction Task Force][1] issued a set of [recommendations][2] comprising a strategy for confronting the region's growing heroin and opioid epidemic. The recommendations focused on prevention, increasing access to treatment on demand, and reducing the number of fatal overdoses. Among those recommendations was that a pilot project be initiated with the establishment of two supervised consumption spaces--public health facilities also known by several other names, including community health engagement locations, in which people living with substance use disorder would be allowed to use otherwise-prohibited drugs in a clean environment that provides supervision, medical assistance, and connections to health care and long-term treatment. The task force recommended that for the pilot program, one of these facilities be located in Seattle and the other be located elsewhere in King County. About four months later, Seattle Mayor Ed Murray and King County Executive Dow Constantine formally [accepted all recommendations][3] issued by the task force.

[1]: <http://kingcounty.gov/depts/community-human-services/mental-health-substance-abuse/task-forces/heroin-opiates-task-force.aspx>
[2]: <http://kingcounty.gov/elected/executive/constantine/news/release/2016/September/15-heroin-opioid-task-force-report.aspx>
[3]: <http://seattletimes.com/seattle-news/crime/seattle-king-county-move-to-create-2-injection-sites-for-drug-users/>

On May 11, 2017, a public initiative to ban supervised consumption sites in King County was [announced][4]. Chief sponsor of the proposed initiative (I-27) is Bothell City Council member Joshua Freed. The campaign formed a political action committee called Impaction, and Freed was later [reported][5] as the top donor to the PAC, having contributed $40,000 to it.

[4]: <http://seattletimes.com/seattle-news/politics/initiative-proposed-to-ban-heroin-safe-injection-sites-in-king-county/>
[5]: <http://seattletimes.com/seattle-news/politics/injectionsites-signatures/>

In an e-mail dated August 18, 2017, Andy Rheaume, mayor of Bothell, Washington, wrote to Joshua Freed, former mayor and current member of Bothell City Council, reporting that Mr. Freed had previously sent both inaccurate and misleading information about supervised consumption sites to unspecified mayors in multiple King County cities:

> Date: Fri, 18 Aug 2017 04:34:52 +0000
> From Andy Rheaume <Andy.Rheaume@bothellwa.gov>
> To: Joshua Freed <Joshua.Freed@bothellwa.gov>,
> Jennifer Phillips <jennifer.phillips@bothellwa.gov>,
> Tris Samberg <Tris.Samberg@bothellwa.gov>,
> Paul Byrne <Paul.Byrne@bothellwa.gov>
> Subject: Re: Heroin Injection Sites
>
> Josh,
>
> Its completely [inappropriate] for you to dictate to the city manager and the
> mayor when and how agenda items will be scheduled. Please review the council
> protocol manual. In addition, from what I understand from other mayors,
> cities have no need to adopt a ban on injection sites based on the language
> of the king county council ordinance.
>
> The city manager responsibility is to determine what the staff can handle. It
> is not appropriate for an individual council member to direct a city manager,
> and to think its OK to have a council member write an ordinance for council
> consideration.
>
> You sent an email to king county mayors other than me, indicating that the
> Bothell City Council will ban injection sites in September. The Bothell City
> Council has not weighed in on this issue in any way. For this fact alone, you
> do not have my support to have this added to any agenda while you are on
> council.
>
> Andy Rheaume
> Mayor of Bothell

## Request ##

Pursuant to RCW Ch. 42.56 (Public Records Act), I request all e-mail correspondence between Joshua Freed and your city's mayor and/or city manager since September 1, 2016. This should include messages to or from any e-mail address used by Mr. Freed, either public or private (e.g., joshua.freed@ci.bothell.wa.us, joshua.freed@bothellwa.gov, joshuafreed@mac.com, info@impacwa.com, etc.) This should include but not be limited to any of the messages cited by Bothell mayor Andy Rheaume when he wrote of Mr. Freed's messages to various King County mayors that reportedly contained both inaccurate information and misleading information pertaining to plans for supervised drug consumption sites or to the potential banning thereof.

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,

Phil Mocek

From: Kurt Triplett

Mr. Mocek - I am a bit behind on my email so I just opened your records request today. I have forwarded it to the City Clerk's office to have it officially entered into our request system today. I have also copied Ana Campbell, our Deputy City Clerk responsible for records request on this reply. She will coordinate the response from this point forward.

Sincerely,

Kurt Triplett

From: City of Kirkland

Dear Phil Mocek,
Thank you for registering with the City of Kirkland Public Records Center. Below you will find your login and password information. Please log in to the
Public Records Portal to update any contact or password information and to track the progress of your request. (http://www.kirklandwa.gov/depart/Finance_and_Administration/Public_Records/Public_Records_Request/PRRPortal.htm)
Login: requests@muckrock.com
Password: 70a8202fce
City of Kirkland

This is an auto-generated email and has originated from an unmonitored email account. Please DO NOT REPLY.

From: City of Kirkland

Dear Phil Mocek,

This will acknowledge receipt of your request for access to public records pursuant to the Washington State Public Records Act, Ch. 42.56 RCW. Your request was given the reference number P016478-091317 for tracking purposes.

City staff has begun work on your request and will contact you within five business days, either with the records you have requested, to provide you with an estimate of what date the records will be available for you, or to request a clarification, if necessary.   Note that we may also direct you to the City’s website if the records are available there, notify you that some records may be withheld or redacted, or inform you that there are no responsive records.

Should you have any questions, please feel free to respond to this email or call the City Clerk’s office at 425-587-3190. You can also monitor the progress of your request at the link below and you will receive an email when your request has been completed.

Kirkland Public Records

To track your request and respond, visit the , then click on "View My Public Records Requests." Public Records Request Portal (https://mycusthelp.info/KIRKLANDWA/_cs/Login.aspx?sSessionID=&target=%2fKIRKLANDWA%2f_cs%2fCustomerIssues.aspx)

From: City of Kirkland

--- Please respond above this line ---

09/14/2017

Phil Mocek

RE: Fulfillment of Public Records Request dated: 9/12/2017; P016478-091317

Dear Phil Mocek,

The City of Kirkland is writing to update you as to the status of your above-referenced records request.  The City has completed its search and uploaded records identified as responsive to your request to the City's Records Portal which you can access by clicking here. Log into your account by selecting the link "View My Public Records Requests." From your account you can review and download the records identified in response to your request. (http://www.kirklandwa.gov/depart/Finance_and_Administration/Public_Records/Public_Records_Request/PRRPortal.htm)

You will notice that our search did not bring back any messages cited by Bothell mayor Andy Rheaume with the details you speak of. There were actually very few responsive emails within the parameters you gave, but we have included them all.
At this time, the City believes it has fulfilled your request and will close the above-referenced request file.  If staff has misinterpreted any part of your request, please advise as soon as possible, as it is the intent of staff to fully comply with RCW 42.56 in a timely manner.
If you have any questions or have any difficulty in accessing the records, please do not hesitate to respond to this email through your portal account, or call the City Clerk's Office at (425) 587-3190.  Please note that staff do not routinely monitor closed requests.
Respectfully,


Kirkland Public Records

123 Fifth Avenue  •  Kirkland, Washington 98033-6189  •  425.587.3000  • www.kirklandwa.gov (http://www.kirklandwa.gov)

From: Phil Mocek

Dear Mr. Triplett,

I submitted this with my request on September 13, but for your convenience, I repeat now that "I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not."

As you are aware, the PRA allows you, in lieu of providing copies of records as requested, to provide a specific link to the location on your website where a requested record is available, so long as the requester does not indicate inability to access the Internet for such purpose. It does not allow you to opt for locking records in a special computer system that the requester may access only by learning to use your system, registering for it, authenticating to it, "clicking around," etc., nor to opt for placing records under a rock in a park and having the requester go there, speak some code words, and look under the rock to find the copies.

If you would provide me with the specific URLs at which I or anyone else my download the responsive records from your agency's website, I am happy to do so instead of receiving them via e-mail attachment or CDROM sent via postal mail.

If the public were required to use various records management and workflow management systems in use by various agencies, we would need to learn how to use each of those particular systems--possibly as many as there are public agencies--in order to access our public records. This would be unduly burdensome on the public, and we have an extremely standardized alternative that has served us well for decades: human language communicated via postal mail, fax, or e-mail.

Cordially,
Phil Mocek

From: City of Kirkland

Dear Phil Mocek:

Please be advised that if you wish to submit a new request or check on the status of an already submitted request, you should visit the . Public Records Request Portal (http://www.kirklandwa.gov/depart/Finance_and_Administration/Public_Records/Public_Records_Request/PRRPortal.htm) Description: TO: [kirklandwa@mycusthelp.net]September 21, 2017Kirkand City Manager's OfficeCity Manager's OfficeKurt Triplett, City Manager123 5TH AVEKIRKLAND, WA 98033-6121This is a follow up to request number P016478-091317:Dear Mr. Triplett,I submitted this with my request on September 13, but for your convenience, I repeat now that "I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not."As you are aware, the PRA allows you, in lieu of providing copies of records as requested, to provide a specific link to the location on your website where a requested record is available, so long as the requester does not indicate inability to access the Internet for such purpose. It does not allow you to opt for locking records in a special computer system that the requester may access only by learning to use your system, registering for it, authenticating to it, "clicking around," etc., nor to opt for placing records under a rock in a park and having the requester go there, speak some code words, and look under the rock to find the copies.If you would provide me with the specific URLs at which I or anyone else my download the responsive records from your agency's website, I am happy to do so instead of receiving them via e-mail attachment or CDROM sent via postal mail.If the public were required to use various records management and workflow management systems in use by various agencies, we would need to learn how to use each of those particular systems--possibly as many as there are public agencies--in order to access our public records. This would be unduly burdensome on the public, and we have an extremely standardized alternative that has served us well for decades: human language communicated via postal mail, fax, or e-mail.Cordially,Phil Mocek---On Sept. 14, 2017:
City of Kirkland
Track the issue status and respond at:
https://mycusthelp.info/KIRKLANDWA//_cs/RequestEdit.aspx?rid=16581 (https://mycusthelp.info/KIRKLANDWA//_cs/RequestEdit.aspx?rid=16581)

From: Public Records

Mr. Mocek,

We apologize for any confusion caused.

From: Public Records

Dear Mr. Mocek,

On September 14, 2017 we released the responsive records to you and closed your request along with this message:

09/14/2017

Phil Mocek

RE: Fulfillment of Public Records Request dated: 9/12/2017; P016478-091317

Dear Phil Mocek,

The City of Kirkland is writing to update you as to the status of your above-referenced records request. The City has completed its search and uploaded records identified as responsive to your request to the City's Records Portal which you can access by clicking here.<http://www.kirklandwa.gov/depart/Finance_and_Administration/Public_Records/Public_Records_Request/PRRPortal.htm> Log into your account by selecting the link "View My Public Records Requests." From your account you can review and download the records identified in response to your request.

You will notice that our search did not bring back any messages cited by Bothell mayor Andy Rheaume with the details you speak of. There were actually very few responsive emails within the parameters you gave, but we have included them all.

At this time, the City believes it has fulfilled your request and will close the above-referenced request file. If staff has misinterpreted any part of your request, please advise as soon as possible, as it is the intent of staff to fully comply with RCW 42.56 in a timely manner.

If you have any questions or have any difficulty in accessing the records, please do not hesitate to respond to this email through your portal account, or call the City Clerk's Office at (425) 587-3190. Please note that staff do not routinely monitor closed requests.

Respectfully,

Kirkland Public Records

123 Fifth Avenue • Kirkland, Washington 98033-6189 • 425.587.3000 • www.kirklandwa.gov<http://www.kirklandwa.gov/>

For your convenience I have attached the responsive records to this email, but they are also available to you through the records portal by following the steps outlined in the first paragraph from our response on September 14, 2017. Should you have any other questions please feel free to reach out.

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