Passenger inspection notes photos reports 2016-03-16

To Whom It May Concern:

One or more people who appeared to be transit agency staff but did not identify themselves investigated most or all riders (including me) on the northbound Sounder passenger train from Lakewood to Seattle, including the third car from front, at approximately 8:45 a.m. on Wednesday, March 16, 2016. The man who questioned me was not wearing a train conductor uniform, but one that appeared more like Washington State Patrol police officer's uniform, and did not appear to be working in the traditional role of train conductor by collecting prepaid tickets from and offering to sell tickets to riders, but rather appeared to be investigating riders for fare evasion.

I am unaware of any reason for the man who investigated me to have suspected me of fare evasion. Upon my invitation to do so, that man did not articulate any reason to suspect me of having violated any law or transit agency rule. Assuming that this unidentified man was, in fact, a public employee, I am concerned about his apparent policy of considering transit riders to be guilty until proven innocent, and I wish to review the accuracy of any records related to his unwarranted investigations of me and other, otherwise-presumed-innocent, transit riders that were created during and as a result of those investigations. I am also concerned about potential bias in discretion used by staff when determining what, if any, action to take if and when they discover cause to suspect a rider of fare evasion (e.g., issuance of verbal warning, issuance written warning, offering ticket sale, issuance of citation, ejection from train, arrest, etc.)

I have observed that people appearing to be Sound Transit staff regularly photograph and make written notes about some passengers during their investigations.

Pursuant to RCW Ch. 42.56 (Public Records Act), I hereby request the following records:
1. The content of those notebooks used by staff who worked the aforementioned train on the aforementioned date
2. The content of those cameras used by staff who worked the aforementioned train on the aforementioned date
3. All reports filed by the aforementioned staff on that date and/or in regard to their work duties on that date
4. Staff duty roster applicable to the aforementioned train on the aforementioned date

Despite lack of support for such in the Washington Secretary of State's [Local Government Common Records Retention Schedule][1], with which your agency [reportedly complies][2], I was [informed][3] on February 25, 2016, by Q'Deene Nagasawa at Sound Transit that your agency's staff regularly destroy records within minutes or hours of their creation. Please ensure that the public records to which I requested access are not destroyed before they are made available to the public.

[1]: <http://www.sos.wa.gov/archives/recordsretentionschedules.aspx>
[2]: <https://www.muckrock.com/foi/washington-54/records-retention-schedule-policies-procedures-24330/#comm-232083>
[3]: <https://www.muckrock.com/foi/washington-54/passenger-inspection-notes-photos-reports-2016-02-05-23809/#comm-228246>

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