Passenger inspection notes photos reports 2016-06-29
It is a clone of this request.
| Submitted | June 29, 2016 |
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Communications
From: Phil Mocek
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 second car from front (302 A), at approximately 8:20 a.m. on Wednesday, June 29, 2016. I do not know of any reason for the man who investigated me to have suspected me of fare evasion. Upon my invitation to do so, he did not articulate any reason to suspect me of having violated any law or transit agency rule. If this unidentified man was, in fact, a public employee, I wish to review the accuracy of any records related to his unwarranted investigations of me and other presumed-innocent transit riders that he created during and as a result of those investigations.
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:
- The content of those notebooks used by staff who worked the aforementioned train on the aforementioned date
- The content of those cameras used by staff who worked the aforementioned train on the aforementioned date
- Images captured by the aforementioned staff on the aforementioned date that are no longer on their cameras
- Prints made of images captured by the aforementioned staff on the aforementioned date
- All reports filed by the aforementioned staff on that date and/or in regard to their work duties on that date
- Staff duty roster applicable to the aforementioned train on the aforementioned date
PLEASE PREVENT STAFF FROM DESTROYING RECORDS PRIOR TO MAKING THOSE RECORDS AVAILABLE TO THE PUBLIC.
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: MuckRock.com
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on June 29, 2016. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thanks for your help, and let me know if further clarification is needed.
From: MuckRock.com
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on June 29, 2016. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thanks for your help, and let me know if further clarification is needed.
From: Tennison, Leigh
From: Phil Mocek
Dear Sir or Madam,
Please provide a status update on my appeal, filed July 28, 2016, of your response to my Public Records Act request of June 29, 2016.
Cordially,
Phil Mocek
From: Young, Kristin (ATG)
Dear Mr. Mocek,
This email is in response to your below email addressed to Central Puget Sound Transit Authority concerning a review. The AGO does not show you requested a review from us.
If your intent was to make a request to the Office of the Attorney General, please let us know right away by submitting your request in one of the following manners:
Option #1 - via Letter
Mail to: Attorney General's Office
Public Records Unit
PO Box 40100
Olympia, WA 98504-0100
Option #2 - via email:
Email to: publicrecords@atg.wa.gov<mailto:publicrecords@atg.wa.gov>
Option #3 - via online:
Website: http://www.atg.wa.gov/OpenGovernment/RequestAGORecords.aspx
Forms can be found at the Attorney General's Website at the above web address.
Otherwise, this Office will take no further action on this request.
Please contact me by email (KristinY@atg.wa.gov<mailto:KristinY@atg.wa.gov>) or by phone at 360-586-3568 if you have any questions. Thank you.
Thank you,
Kristin Young
Senior Public Records Officer
Office of the Attorney General
KristinY@atg.wa.gov
360-586-3568
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~WRD000
From: MuckRock
Dear Sir or Madam,
I appeal. Among other possible omissions, you did not provide employees' notebooks or images captured. You neither cited exemption to the Public Records Act, nor informed me that these records do not exist. Please note that I filed this request on the same day those records were created, and specifically asked that you take action (as you are required by law) to ensure that they were not purged prior to releasing them to me.
Cordially,
Phil Mocek
From: Young, Kristin (ATG)
Dear Mr. Mocek:
We are sorry, but our office does not maintain the records you are requesting.
The records you are requesting are likely in the custody and control of Sound Transit, which is a separate agency. The Office of the Attorney General (AGO) does not purport to answer on behalf of any other entity other than the AGO. All state agencies maintain, and are responsible for, their own records.
Here is their contact information:
Sound Transit
Attention Legal Department
401 South Jackson St
Seattle, WA 98104
Webpage: http://www.soundtransit.org/contact-us/request-records
Phone: (206) 689-4924
If your intent was to make a request to the Office of the Attorney General, please let us know right away by submitting your request in one of the following manners:
Option #1 - via Letter
Mail to: Attorney General's Office
Public Records Unit
PO Box 40100
Olympia, WA 98504-0100
Option #2 - via email: publicrecords@atg.wa.gov<mailto:publicrecords@atg.wa.gov>
Option #3 - via online: http://www.atg.wa.gov/OpenGovernment/RequestAGORecords.aspx
Forms can be found at the Attorney General's Website at the above web address.
Otherwise, this Office will take no further action on this request.
Thank you,
Kristin Young
Senior Public Records Officer
Office of the Attorney General
KristinY@atg.wa.gov
360-586-3568
-
~WRD000
From: Phil Mocek
Dear Sir or Madam,
I appeal. Among other possible omissions, you did not provide employees' notebooks or images captured. You neither cited exemption to the Public Records Act, nor informed me that these records do not exist. Please note that I filed this request on the same day those records were created, and specifically asked that you take action (as you are required by law) to ensure that they were not purged prior to releasing them to me.
Cordially,
Phil Mocek
From: Tennison, Leigh
The purpose of this correspondence is to respond to your March 31, 2017 email stating we failed to provide all records without notifying you that they did not exist or that they are exempt from disclosure. Your email was referencing a records request you sent to Sound Transit last summer, which we've tracked at PD16-305.
Your records request was initially received on July 7, 2016 and requested the following documents:
1. The content of notebooks used by staff who worked the aforementioned train on June 29, 2016.
2. The content of cameras used by staff who worked on June 29, 2016.
3. Images captured by staff on June 29, 2016 and/or in regard to their work duties on this date.
4. Prints made of images captured on June 29, 2016.
5. All reports filed by staff on June 29, 2016 and/or in regard to their work duties.
6. Staff duty roster applicable for this date.
We responded to your request on July 14, 2016 and received no additional correspondence from you regarding this request until we received your email on March 31, 2017.
To clarify, we had no records in response to item (1). At the time staff searched for records that may be responsive to your request, it was determined that there were no responsive records. We agree that we did not specifically state that in our response to this item.
We had no records in response to items (2), (3), and (4). All If there had been any photos responsive to your request, they would have been are included in any responsive court packages. On July 14, 2016, we included one court package that did not have a photograph attached.
We previously provided all reports in response to items (5) and (6). We inadvertently failed to provide the statutory exemption for the one redaction of a driver's license on the court package provided. The driver's license number was redacted and is exempt from disclosure under RCW 42.56.330(5), RCW 42.56.230, and RCW 9.35.005(1)(c).
This should satisfy the concerns raised in your March 31, 2017 email.
Please note that the provisions of Chapter 42.56 RCW pertain only to existing records and do not require agencies to respond to interrogatory questions, explain records, or create new records in response to public record requests.
Sincerely,
Leigh Tennison
Assistant to Q'Deene Nagasawa, Public Records Officer
Sound Transit
T: 206.903.7104
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