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

Phil Mocek filed this request with the Redmond Office of the Mayor of Redmond, WA.

It is a clone of this request.

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: Alli Gordon

Good morning Mr. Mocek,

I hope this is the correct email address to reach you. The City of Redmond has an online public disclosure portal that we use for all public records requests. A link to the portal can be found here: http://www.redmond.gov/Government/public_records_request_portal

We are now required by law to track and report on all public records requests to the State of Washington. Using the portal enables us to comply with State law. I am happy to create an account for you and submit your request on your behalf but wanted to give you the opportunity to do this yourself should you choose. I will create an account for you on Monday, September 18th if one has not already been created and will provide instructions for accessing your account at that time. Your user name will be your email address so please do let me know if you would like to utilize a different email address than this one.

In any case, the City of Redmond has received your request and will begin to search and gather records. Based on our current volume of public records requests and our need to prioritize essential government functions, I estimate that your first installment (if we are unable to complete the entire request) of records will be ready for you by October 2nd.

Thank you and have a wonderful day!

Regards,
Alli

[cid:image008.png@01D32D41.F3F302F0]

Alli Gordon
Administrative Specialist - City Clerk's Office │City of Redmond
*: 425.556.2194 |*: agordon@redmond.gov<mailto:agordon@redmond.gov> | Redmond.gov<http://www.redmond.gov/>
MS: 3NFN │ 15670 NE 85th St │ Redmond, WA 98052

[Logo-Facebook]<http://www.facebook.com/cityofredmond> [Twitter] <http://www.twitter.com/cityofredmond> [Instagram] <http://www.instagram.com/cityofredmond> [YouTube] <http://www.youtube.com/cityofredmond> [RCTV] <http://redmond.gov/rctv>
NOTICE OF PUBLIC DISCLOSURE: This e-mail account is public domain. Any correspondence from or to this e-mail account is a public record. Accordingly, this e-mail, in whole or in part, may be subject to disclosure pursuant to RCW 42.56, regardless of any claim of confidentiality or privilege asserted by an external party.

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From: Phil Mocek

Dear Ms. Gordon:

I received your e-mail of September 14. In it, you stated that your agency has "an online public disclosure portal" and invited me to join you in using it. I respectfully decline. If using it would make your job easier and/or more effective, then I'm all for you using this new workflow management system.

I wish to receive records as requested and in accordance with RCW 42.56.520. As I suspect you are aware, the law allows you to provide "an internet address and link on [your] agency's web site to the specific records requested" in lieu of sending them to a requester, so long as the requester does not inform you of his or her inability to access the Internet for such use. The law does not allow you to require that a requester register with your or a third-party records management system, authenticate to that system, and use that system to "navigate" to a private location where you effectively hid those records for that requester alone to find. I wish neither to opt for such hassle nor to legitimize such a system of obscured and monitored access to ostensibly-public records by participating in it.

If the law allowed this alternative to providing records as requested--register, login, "click around," etc.--and every agency did this, then the public would need to learn to use multiple specific systems--possibly as many as there are public agencies--in order to access our public records instead of simply using the standard interfaces that have served us well across every public agency for decades--human language communicated via postal mail, fax, or e-mail. People talking to other people at the speed of light seems fast enough to satisfy everyone's needs in this context. Storing *public records* in a private location available only by login seems almost as bad an option for the public as having those records filed away in their original, publicly-inaccessible, locations.

If it is not feasible to simply make public records available to the public upon creation of those records--without requiring people to go through a process of requesting, waiting, and receiving copies of those records as we typically must nowadays--then I suggest that you (and other agencies) place records which have been assembled in response to public records requests in a sort of Web-based public reading room, so that other people who wish to see those same records may easily find them in an anonymous and self-service manner, so that search engines may find and index those records, and so that you can provide the specific URLs of those records to requesters, thereby satisfying both your duty under the PRA and your likely desire to streamline your operating procedures by eliminating the need to deliver records, physically or electronically, in response to PRA requests.

Cordially,
Phil Mocek

From: Alli Gordon

Mr. Mocek,

We will simply attach any responsive records to an email and send them to you at this email address. You may then utilize them as you see fit.

Regards,
Alli

[cid:image008.png@01D32D52.373402C0]

Alli Gordon
Administrative Specialist – City Clerk’s Office │City of Redmond
•: 425.556.2194 |•: agordon@redmond.gov<mailto:agordon@redmond.gov> | Redmond.gov<http://www.redmond.gov/>
MS: 3NFN │ 15670 NE 85th St │ Redmond, WA 98052

[Logo-Facebook]<http://www.facebook.com/cityofredmond> [Twitter] <http://www.twitter.com/cityofredmond> [Instagram] <http://www.instagram.com/cityofredmond> [YouTube] <http://www.youtube.com/cityofredmond> [RCTV] <http://redmond.gov/rctv>
NOTICE OF PUBLIC DISCLOSURE: This e-mail account is public domain. Any correspondence from or to this e-mail account is a public record. Accordingly, this e-mail, in whole or in part, may be subject to disclosure pursuant to RCW 42.56, regardless of any claim of confidentiality or privilege asserted by an external party.

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From: Alli Gordon

Good evening Mr. Mocek,

I have been in contact with the Mayor’s Office regarding the search, review and production of records for your request. Based on their current volume of public records requests and the need to prioritize essential government functions, we are revising our estimated completion date of your first installment (if we are unable to fully compete the request at that time) to be ready for you by October 13, 2017. Of course, if records are made available to me sooner I will release them to you right away.

Thank you and have a great evening.

Regards,
Alli

[cid:image008.png@01D3309C.86FC9D10]

Alli Gordon
Administrative Specialist – City Clerk’s Office │City of Redmond
•: 425.556.2194 |•: agordon@redmond.gov<mailto:agordon@redmond.gov> | Redmond.gov<http://www.redmond.gov/>
MS: 3NFN │ 15670 NE 85th St │ Redmond, WA 98052

[Logo-Facebook]<http://www.facebook.com/cityofredmond> [Twitter] <http://www.twitter.com/cityofredmond> [Instagram] <http://www.instagram.com/cityofredmond> [YouTube] <http://www.youtube.com/cityofredmond> [RCTV] <http://redmond.gov/rctv>
NOTICE OF PUBLIC DISCLOSURE: This e-mail account is public domain. Any correspondence from or to this e-mail account is a public record. Accordingly, this e-mail, in whole or in part, may be subject to disclosure pursuant to RCW 42.56, regardless of any claim of confidentiality or privilege asserted by an external party.

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From: Phil Mocek

Dear Ms. Gordon,

I received your e-mail of September 18. In it, you estimated that it will take almost a month to complete this request. This is a search of two e-mail accounts for messages to and from a single person. Based on my experience as a user of and administrator of Internet e-mail, I would estimate that will take about 10 minutes to accomplish. Someone will likely make a couple mouse clicks, enter search criteria, select results, attach them to an e-mail, and press "send."

How much time do you expect to be spent on a weekly basis processing my request?

Cordially,
Phil Mocek

From: Alli Gordon

Mr. Mocek,

The City of Redmond is currently processing 99 public records requests. The majority of which came in prior to yours. The Mayor’s office has several in queue to work on prior to yours. We do not have full time public disclosure personnel at the City and all of us have many other duties that often take priority over processing public records requests. WAC 44-14-01022 states, in part, that “an agency's regulations must "protect public records from damage or disorganization" and "prevent excessive interference" with other essential agency functions. Another provision of the act states that providing public records should not "unreasonably disrupt the operations of the agency." RCW 42.17.270<http://app.leg.wa.gov/RCW/default.aspx?cite=42.17.270>/42.56.080. This provision allows an agency to take reasonable precautions to prevent a requestor from being unreasonably disruptive or disrespectful to agency staff.”

Further, an adequate search for records on your request will take well above 10 minutes. Once records have been gathered, each and every one will be reviewed for exempt material. Any records containing exempt material will be sent to our City Attorney for further legal review and redaction. If we are able to complete your request prior to my estimated completion date we will be glad to do so.

Thank you for your correspondence. Have a wonderful day.

Regards,
Alli

[cid:image008.png@01D3313F.07E81FB0]

Alli Gordon
Administrative Specialist – City Clerk’s Office │City of Redmond
•: 425.556.2194 |•: agordon@redmond.gov<mailto:agordon@redmond.gov> | Redmond.gov<http://www.redmond.gov/>
MS: 3NFN │ 15670 NE 85th St │ Redmond, WA 98052

[Logo-Facebook]<http://www.facebook.com/cityofredmond> [Twitter] <http://www.twitter.com/cityofredmond> [Instagram] <http://www.instagram.com/cityofredmond> [YouTube] <http://www.youtube.com/cityofredmond> [RCTV] <http://redmond.gov/rctv>
NOTICE OF PUBLIC DISCLOSURE: This e-mail account is public domain. Any correspondence from or to this e-mail account is a public record. Accordingly, this e-mail, in whole or in part, may be subject to disclosure pursuant to RCW 42.56, regardless of any claim of confidentiality or privilege asserted by an external party.

HOW DID WE DO?: Click here to take a short survey<https://www.surveymonkey.com/s/BCCVWT6>
(Filling out the short survey will assist us in knowing how better to meet your needs)

From: Phil Mocek

Dear Ms. Gordon,

I received your e-mail of September 19. In it, you noted that your agency is currently processing 99 requests for records. Do you by chance track how many ostensibly-public records are currently being created and stored away, hidden from public view? It seems your staff may be creating an impossible balance of work, effectively preventing public access to most records.

Cordially,
Phil Moce

From: City of Redmond Public Records Center

Attachments:
FW_Please_vote_to_ban_heroin_injection_sites_in_your_city.msg (https://redmondwa.s3-us-gov-west-1.amazonaws.com/9aaf6003-26a8-25ce-4763-0bebd7d303c4.msg?AWSAccessKeyId=AKIAKG5EBOGWB2RDYAOA&Expires=1509578585&response-content-disposition=attachment%3B%20filename%3DFW_Please_vote_to_ban_heroin_injection_sites_in_your_city.msg&Signature=1CbzIb83rlXz8ZzrmgE4aOae9%2B8%3D)
Please_vote_to_ban_heroin_injection_sites_in_your_city.msg (https://redmondwa.s3-us-gov-west-1.amazonaws.com/1700a69d-a79e-fd42-28ea-0553bdb8da51.msg?AWSAccessKeyId=AKIAKG5EBOGWB2RDYAOA&Expires=1509578586&response-content-disposition=attachment%3B%20filename%3DPlease_vote_to_ban_heroin_injection_sites_in_your_city.msg&Signature=AWVe23kl1wwknko%2BB%2B9%2BeO4FMS4%3D)
--- City of Redmond ---
RE: PUBLIC RECORDS REQUEST of 9/12/2017, Reference # W004812-091817
Dear Phil,
The City of Redmond received your public records request on 9/12/2017, regarding “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”.
Attached please find the two responsive records we have found thus far in our search.  We estimate your next installment to be ready for you by October 16th and it is our hope to be able to close out your request at that time.
Thank you and have a lovely evening.
Regards,
Alli Gordon
City of Redmond, City Clerk's Office
Public Records Coordinator
City of Redmond Public Record Center (http://www.redmond.gov/cms/One.aspx?portalId=169&pageId=2067&WT.ac=AMPublicInfoRecords)

From: Alpha Assistance

Documents provided by Agency.

From: City of Redmond Public Records Center

Attachments:
Installment_No._2.zip (https://redmondwa.s3-us-gov-west-1.amazonaws.com/c78ee61d-0488-443a-a50e-e58b6807a037.zip?AWSAccessKeyId=AKIAKG5EBOGWB2RDYAOA&Expires=1510788400&response-content-disposition=attachment%3B%20filename%3DInstallment_No._2.zip&Signature=mpFS%2BLcUT%2BQvQ7dGxynSmGSAJ1M%3D)
--- City of Redmond ---
RE: PUBLIC RECORDS REQUEST of 9/12/2017, Reference # W004812-091817
Dear Phil,
The City of Redmond received your public records request on 9/12/2017, regarding “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”.
Your second installment of records is attached.  We do not anticipate that we will have any further records to produce, but are still working to complete our search for responsive records.  We estimate having your request completed by October 30th.
Cordially,
Alli Gordon
City of Redmond, City Clerk's Office
Public Records Coordinator
City of Redmond Public Record Center (http://www.redmond.gov/cms/One.aspx?portalId=169&pageId=2067&WT.ac=AMPublicInfoRecords)

From: Alpha Assistance

Documents provided by Agency.

From: Redmond Office of the Mayor

Attachments:
Public_Records_Request_Joshua_Freed_e-mail_with_mayorsmanagers_since_2016-09-01_(Redmond)_2.msg (https://redmondwa.s3-us-gov-west-1.amazonaws.com/27d9a6f6-3763-ded3-8b09-740eeef2de3f.msg?AWSAccessKeyId=AKIAKG5EBOGWB2RDYAOA&Expires=1511483851&response-content-disposition=attachment%3B%20filename%3DPublic_Records_Request_Joshua_Freed_e-mail_with_mayorsmanagers_since_2016-09-01_%28Redmond%29_2.msg&Signature=POuzbjGc3nAhdOXJkheSCLncaos%3D)
--- City of Redmond ---
RE: PUBLIC RECORDS REQUEST of 9/12/2017, Reference # W004812-091817
Dear Phil,
The City of Redmond received your public records request on 9/12/2017, regarding “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”.
The City has reviewed its files and has located responsive records to your request. Attached please find the final responsive record for this request.   Your request is now closed.

Regards,
Alli Gordon
City of Redmond, City Clerk's Office
Public Records Coordinator
City of Redmond Public Record Center (http://www.redmond.gov/cms/One.aspx?portalId=169&pageId=2067&WT.ac=AMPublicInfoRecords)

From: Alpha Assistance

Document provided by Agency.

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