May Day 2012 Incident Commander's Review and records referenced therein

Phil Mocek filed this request with the Seattle Police Department of Seattle, WA .
Est. Completion None
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Communications

From: Phil Mocek

To Whom It May Concern:

Pursuant to RCW Ch. 42.56 (Public Records Act), I hereby request the following records:

"May Day 2012 Incident Commander's Review" memorandum dated June 30, 2012, from Joseph C. "Joe" Kessler #4601, along with the following records referenced in that report and all associated metadata (quotations below are Kessler's words; page number from memo is provided in parenthesis):

1. "Credible intelligence information that led [Kessler and other SPD staff] to believe that the Anarchists were going to take advantage of [El Comite Reforam Migratoria y Justica Social's and May 1st Coalition's annual May Day / Immigration March] to commit acts of violence and property destruction downtown" (p 2)
2. Invitation to 2012-04-23 meeting, sent by Michael A. "Mike" Sanford #4774 (p 3)
3. "The list of officers who had completed Undercover Training" (p 4)
4. "Photographs of all assigned plainclothes officers" (p 4, p 5)
5. "Photographs and information pertaining to all known anarchists/criminals and previously arrested `Occupy' demonstrators" (p 4)
6. "Photographs of all known/suspected anarchists and persons previously arrested during the recent `Occupy' demonstrations" (p 5)
7. Authorization for officers to enforce fire code received from SPOC 2012-05-01 11:36 (p 4)
8. All materials presented at the 2012-04-23 afternoon meeting conducted by Michael A. Sanford #4774, including but not limited to printed materials and the electronic slide show ("Powerpoint presentation") (pp 3-4)
9. E-mail sent by Debbie A. "Deb" Brown #6214 2012-04-16 - 2012-05-04 (note that metadata includes full headers and that these are electronic, not paper, records)
10. E-mail sent by Thomas O. "Tom" Mahaffey #5831 2012-04-16 - 2012-05-04 (note that metadata includes full headers and that these are electronic, not paper, records)
11. E-mail sent by Michael A. Sanford #4774 2012-04-16 - 2012-05-04 (note that metadata includes full headers and that these are electronic, not paper, records)
12. E-mail sent by Joseph C. Kessler #4601 2012-04-16 - 2012-05-04 (note that metadata includes full headers and that these are electronic, not paper, records)
13. Draft incident action plan (IAP) distributed on 2012-04-27 (p 5)
14. Final incident action plan (IAP) distributed 2012-05-01 (p 5)
15. All materials presented at the 2012-04-30 10:00 "Commanders meeting in SPOC" outlining branch missions, rules of engagement, undercover/plainclothes deployment, and pepper spray (OC) use
16. Video and still images collected on 2012-05-01 by "Additional SPD deployment [that] included civilian videographers and photographers for the event" (p 6)
17. Voice and SMS call records from Kessler and other management personnel "using cell phones to communicate to avoid giving tactical information over non encrypted airways" on 2012-05-01 07:00 - 2012-05-01 19:00 (p 12)
18. Audio recordings of event communications "on Zone 1, Tac 3" from 2012-05-01 11:00 - 2012-05-01 19:00 (p 13)

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

In the event that fees cannot be waived, 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: SPD-PDR, SPD

PDR # P2013-1249

Mr. Mocek,

This email is in response to your public disclosure request dated April 18, 2013.

Attached please find a copy of Captain Kessler's memo.

In response to your other items, the Department needs additional time to research these items and locate responsive records. At this time, the Department anticipates having a first installment to you on or about June 12, 2013.

If you have any questions, you can contact our Public Disclosure Desk at 206-684-5481.

From: SPD-PDR, SPD

PDR # P2013-1249

Mr. Mocek,

This email is in further response to your public disclosure request. A copy of our prior correspondence is attached. In your request you have 18 items listed and the Department will be using your same numbering, as the Department responds to each item.

Item # 9-12: Pursuant to RCW 42.56.520, the Department requests clarification items # 9-12. In each item you ask for "email sent by (Deb Brown and Tom Mahaffey and Michael Sanford and Joseph Kessler) 12-4-6 - 5-4-12". As written, the Department is uncertain as to what email or emails you are asking for, as required by RCW 42.56.080. If you could please clarify which email you are seeking, then the Department will be able to further respond to your request. If we do not hear from you within 30 days or by July 12, 2013, the Department will formally close your request.

Item #2: "Invitation to 4/23/12 meeting, sent by Michael Sanford"
Response: Responsive items are on the CD that is ready to be picked up at the Public Request Unit counter.

Item #18: "Audio recording s of event communications on Zone 1 Tac 3 from 5/1/12 1100- 5/1/12 1900"
Response: Recordings are ready to be picked up at the Public Request Unit counter.

These items can be picked up at the Public Request Unit Counter, 1st floor of Seattle Police Department Headquarters, 610 5th Ave. Their hours are Monday through Friday, 8:00 AM to 5:00 PM.

Fee for this installment $1.00 for 1 CD @ $1.00/CD.

If you are unable to pick up your request, please send a check payable to the City of Seattle for $1.60 (to cover copying fee and postage) with a copy of this email to:
Seattle Police Department
Attn: Public Request Unit
PO Box 34986
Seattle, WA 98124-4986

You may file a written appeal of this response with the Chief of Police within ten (10) business days from the date of this letter. Please include your name and address and a copy of this letter together with a brief statement identifying the basis of the appeal. Please mail or deliver your appeal to:

Chief of Police

Seattle Police Department

PO Box 34986

Seattle, WA 98124-4986

The Department anticipates having your next installment ready on or about July 15, 2013.

If you have any questions, you can contact our Public Disclosure Desk at 206-684-5481.

From: Phil Mocek

RE: My public records request of April 18, 2013 (your identifier P2013-1249)

Dear Sir or Madam:

When, on April 18, 2013, I requested public records and associated metadata, including the following:

9. E-mail sent by Debbie A. "Deb" Brown #6214 2012-04-16 - 2012-05-04 (note that metadata includes full headers and that these are electronic, not paper, records)

10. E-mail sent by Thomas O. "Tom" Mahaffey #5831 2012-04-16 - 2012-05-04 (note that metadata includes full headers and that these are electronic, not paper, records)

11. E-mail sent by Michael A. Sanford #4774 2012-04-16 - 2012-05-04 (note that metadata includes full headers and that these are electronic, not paper, records)

12. E-mail sent by Joseph C. Kessler #4601 2012-04-16 - 2012-05-04 (note that metadata includes full headers and that these are electronic, not paper, records)

I meant to request precisely what I requested: All e-mail messages sent by those four Seattle Police Department employees between April 16, 2012, and May 4, 2012, with metadata. I don't know how to make it any clearer. This is not a clarification, but a restatement of a portion of my request.

Cordially,
Phil Mocek

From: SPD-PDR, SPD

PDR # P2013-1249

Mr. Mocek,

Thank you for your email. Your next installment will be ready on or about July 15, 2013.

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 April 18, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: SPD-PDR, SPD

PDR # P2013-1249

Mr. Mocek,

This email is in further response to your public disclosure request. A copy of our prior correspondence is attached. In your request you have 18 items listed and the Department will be using your same numbering, as the Department responds to each item.

Item #4: "Photographs of all assigned plainclothes officers"
Response: Photos of officers are maintained in their personnel files and are exempt from public disclosure pursuant to the following exemption: Law Enforcement Employees' Photos and Month & Year of Birth: Records contain photographs and month and year of birth in the personnel files of employees and workers of criminal justice agencies. (RCW 42.56.250(8)). Explanation: Release could lead to the harassment of criminal justice agency employees and/or their endangerment. Note: This information may be released to the news media. For the purposes of this exemption, news media does not include any person or organization of persons in the custody of a criminal justice agency.

Item #14: "Final incident action plan (IAP) distributed on 05/01/12"
Response: Please see attached IAP for 5/1/12 for May Day 2012. Officer cell phone numbers have been withheld from the following document pursuant to the following exemption: Computer/Telecom Passwords/Security/Internal-Use Only Phone Numbers: Information regarding the infrastructure and security of computer and telecommunications networks, consisting of security passwords, security access codes and programs, access codes for secure software applications, security and service recovery plans, security risk assessments, and security test results are exempt from disclosure pursuant to RCW 42.56.420(4). Explanation: Unauthorized access to the information could disrupt police operations, negatively affect police investigations, endanger citizens/law enforcement personnel, result in theft, fraud or other criminal activity, and expose law enforcement personnel to harassment.

You may file a written appeal of this response with the Chief of Police within ten (10) business days from the date of this letter. Please include your name and address and a copy of this letter together with a brief statement identifying the basis of the appeal. Please mail or deliver your appeal to:

Chief of Police

Seattle Police Department

PO Box 34986

Seattle, WA 98124-4986

The Department anticipates having your next installment ready on or about August 15, 2013.

If you have any questions, you can contact our Public Disclosure Desk at 206-684-5481.

From: SPD-PDR, SPD

PDR # P2013-1249

Mr. Mocek,

This email is in further response to your public disclosure request. In your request you have 18 items listed and the Department will be using your same numbering, as the Department responds to each item.

Item #1: "Credible intelligence information that led (Kessler and other SPD staff) to believe that the Anarchists were going to take advantage of (El Comite Reforam Migratoria y Justica Social's and May 1st Coalition's annual May Day/Immigration March) to commit acts of violence and property destruction of Downtown."
Response: The Public Records Act applies to existing identifiable records, RCW 42.56.080. This item does not appear to be a request for identifiable records, but appears to ask for research and/or opinion.

Item # 3: "The list of officers who had completed Undercover training."
Response: The Seattle Police Department doesn't maintain a list of "officers who have completed undercover training". The Undercover training,
which is an external training, is conducted at the Washington Criminal Justice Training Center. Each officer has a training record at the Department,
but external training is not required to be on the training record. Additionally, training records are not kept in a searchable format to allow for the
Department to do a key word search for such training. Searching these records would require a hand search of all of the training records for the
entire Department and the Department could not guarantee that these records would have identified all of the officers who had been to the
training. And finally, any found records with identities of undercover officers are protected pursuant to the following exemption: Record includes
information non-disclosure of which is essential to effective law enforcement. (RCW 42.56.240(1) as defined by RCW 42.56.050. Explanation:
Disclosure would jeopardize a criminal investigation/prosecution and the safety of officers.

Item #7: Authorization for officers to enforce fire code received from SPOC 5/1/12 11:36 hours.
Response: See attached email.

Item # 9: "Email sent by Debbie Brown #6214 from 4/16/12 to 5/4/12"
Response: A search of Detective Brown's email for all emails sent by Detective Brown from 4/16/12 to 5/4/12, resulted in no responsive records.

Item # 10: "Emails sent by Thomas Mahffey #5831 from 4/16/12 to 5/4/12"
Response: A search of Sgt. Mahaffey's email for all emails sent by Sgt. Mahaffey from 4/16/12 to 5/4/12 , resulted in no responsive records.

Item #13: "Draft incident action plan (IAP) distributed on 4/27/13."
Response: See attached email. The final plan was distributed on 4/27/13. A copy of the final IAP was released to you on 7/13/13. The Department has not additional responsive documents.

Item #15: All materials presented at the 4/30/12 10:00 "Commanders meeting in SPOC" outlining branch missions, rules of engagement, undercover/plain clothes deployment, and pepper spray (OC) use.
Response: The materials presented at the commanders meeting at SPOC was the final IAP for May Day. A copy of the final IAP was released to you on 7/13/13. The Department has no additional responsive documents.

You may file a written appeal of this response with the Chief of Police within ten (10) business days from the date of this letter. Please include your name and address and a copy of this letter together with a brief statement identifying the basis of the appeal. Please mail or deliver your appeal to:

Chief of Police

Seattle Police Department

PO Box 34986

Seattle, WA 98124-4986

The Department anticipates having your next installment ready on or about September 16, 2013.

If you have any questions, you can contact our Public Disclosure Desk at 206-684-5481.

From: Phil Mocek

RE: my public records request of April 18, 2013 (your identifier: P2013-1249)

Dear Sir or Madam:

I am in receipt of your e-mail of August 20, 2013. In the following response, I address records which in your message you expressed your inability to locate, I cite references to evidence of those records' existence, and I suggest investigatory methods I hope will lead you to those records.

## Item #1 ##

My request: "Credible intelligence information that led [Kessler and other SPD staff] to believe that the Anarchists were going to take advantage of [El Comite Reforam Migratoria y Justica Social's and May 1st Coalition's annual May Day / Immigration March] to commit acts of violence and property destruction downtown."

Your response: "The Public Records Act applies to existing identifiable records, RCW 42.56.080. This item does not appear to be a request for identifiable records, but appears to ask for research and/or opinion."

What I wrote in my request is a direct quote from page two of Joe Kessler's June 30, 2012 memo to Nick Metz. I reiterate my request for the records Mr. Kessler identified in his memo. If his written description of the records is insufficient to identify them, please request that he or and the recipient of his memo, Mr. Metz, direct you to those records.

## Item #3 ##

My request: "The list of officers who had completed Undercover training."

Your response: "Seattle Police Department doesn't maintain a list of `officers who have completed undercover training'."

This, also, was a direct quote from Mr. Kessler's memo. As I noted in my request, the quote can be found on page four of that memo. Mr. Kessler wrote that "Chief Sanford said he wanted about 50-75 people in that capacity [undercover and plainclothes roles] and suggested looking at the list of officers who had completed Undercover Training."

Please ask Mr. Kessler, Mr. Sanford, and Mr. Metz to assist you in location of the record about which they reportedly communicated. Even if the department doesn't traditionally maintain such a list, it seems clear to me, based on Mr. Kessler's memo, that such a list must have been assembled at a point in time, and that some combination of the aforementioned SPD employees was in possession of that list. If you have discovered some indication that one or more employees responded to Mr. Sanford's suggestion that others examine the list by informing him that no such list exists and that none would be created for him, I ask that you communicate such to me.

Your response also stated that "any found records with identities of undercover officers are protected pursuant to" specific exemptions from the PRA. Please note that I am not requesting the identities of undercover officers, but the list of officers who completed a specific type of training. I do not believe that officers who receive undercover training are immediately classified as "undercover officers" causing any public records which identify them to be immediately exempted from disclosure to the public. As always, I expect that segregable portions of otherwise-unreleasable records to be provided.

## Item #9 ##

My request: "E-mail sent by Debbie A. "Deb" Brown #6214 2012-04-16 - 2012-05-04"

Your response: "A search of Detective Brown's email for all emails sent by Detective Brown from 4/16/12 to 5/4/12, resulted in no responsive records."

On page five of Mr. Kessler's memo, he wrote, "On April 26th Detective Deb Brown (CIS) sent an email updating some information from Intel. [...] Also, on the 27th Detective Brown sent an email update advising of the potential student walk-out at Seattle Central Community College (East Precinct)."
Please also search your e-mail archives for messages sent to the self-reported recipient of a subset of these records, Joe Kessler, and inquire with him if you are unable to locate the records to which he referred in his memo. If responsive records are unavailable, please let me know if it is your understanding that the records I requested never, in fact, existed, or if they did exist but have since been destroyed.

## Item #10 ##

My request: "E-mail sent by Thomas O. "Tom" Mahaffey #5831 2012-04-16 - 2012-05-04"

Your response: "A search of Sgt. Mahaffey's email for all emails sent by Sgt. Mahaffey from 4/16/12 to 5/4/12 , resulted in no responsive records."

On page five of Mr. Kessler's memo, he wrote, "On April 27th we received another email update from Sergeant Tom Mahaffey (CIS). The email on the 27th was the first email (as far as I can determine) that mentioned issues concerning Anarchists)." As with item #9, I ask that you also search your e-mail archives of Joe Kessler, who wrote in his memo that he received these records, and that you inquire with him if you are unable to locate the records to which he referred. Again, I ask that if responsive records are unavailable, you let me know if it is your understanding that the records I requested never, in fact, existed, or if they did exist but have since been destroyed.

With items #9 and #10, I asked for two specific weeks of public employees' e-mail during a time less than one year prior the date on which you acknowledged receipt of my request. These records include at least three e-mail messages that were explicitly referenced in Mr. Kessler's memo, itself a records that Chief John Diaz admittedly and unlawfully withheld from the Seattle Times for reasons of improved public relations. Your response to my request for these records that were rather infamously acknowledged by your colleagues to have existed is so obtuse as to make me question whether *I* am missing something. I ask that you be more explicit in your responses.

## Item #13 ##

My request: "Draft incident action plan (IAP) distributed on 2012-04-27"

Your response: You referred to a different record and stated that your department "has not additional responsive records."

Despite the fact that you reported to me your inability to locate "additional" records, you have not provided *any* records responsive to this item. If you mean to inform me that the record of which Mr. Kessler informed Mr. Metz has been destroyed since Mr. Kesler wrote of it, please explicitly state so. If you are as yet unable to locate the record, I ask that you perform a more thorough search. As I previously wrote, Mr. Kessler's memo referred to this record on page five. He wrote that the record I requested was received by him and by at least one other person (unnamed) on Friday, April 27, 2013, at approximately 1:00 p.m. I suggest asking Mr. Kessler who else he meant to refer to when he wrote to Mr. Metz that "we" received the draft plan, and that you then inquire with each of those people as to the whereabouts of this record. I note that Mr. Kessler wrote that he "asked Sergeant Baily and Lieutenant Sano to review [the record I requested] for any adjustments." These seem like good leads for locating the missing record.

I understand that every piece of paper one public servant hands to another does not end up filed away for later review by the public, but this is not just some piece of paper; it is a document that was distributed among middle- to upper-level management in your agency concerning an event that was to involve hundreds of your staff. There is no excuse for it not to have been retained.

## Item #15 ##

My request: All materials presented at the 2012-04-30 10:00 "Commanders meeting in SPOC" outlining branch missions, rules of engagement, undercover/plainclothes deployment, and pepper spray (OC) use"

Your response: You stated that the "materials presented at the commanders meeting at SPOC was the final IAP for May Day."

Mr. Kessler wrote in his memo (page five, paragraph three) that he and other staff did not receive the record you claim was the whole of what was presented on April 30 (the final IAP) until the following day (May 1) at 10:00 a.m. It seems someone is either mistaken or lying. Please reconcile and continue to search for the records I requested. If one or more attendees of the April 30 meeting inform you that no printed materials were presented or distributed at that meeting, please explicitly state such.

Cordially,
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 April 18, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: SPD-PDR, SPD

PDR # P2013-1249

Mr. Mocek,

This email is in further response to your public disclosure request. In your request you have 18 items listed and the Department will be using your same numbering, as the Department responds to each item.

Item # 9: "Email sent by Debbie Brown #6214 from 4/16/12 to 5/4/12"
Response: While searching Chief Sanford's email, some emails sent by Debbie Brown were found. Responsive emails are on the CD that is ready to be picked up.

Item # 10: "Emails sent by Thomas Mahffey #5831 from 4/16/12 to 5/4/12"
Response: While searching Chief Sanford's email, some emails sent by Thomas Mahffey were found. Responsive emails are on the CD that is ready to be picked up.

Item # 10: "Emails sent by Michael A. Sanford from 4/16/12 to 5/4/12"
Response: A first installment of responsive emails are on the CD that is ready to be picked up.

Item #16: Video and still images collected on 5/1/12 by "additional SPD deployment that included civilian videographers and photographers for the event".
Response: A first installment of photos are on a CD that is ready to be picked up.

The fee for this installment is $2.00 for 2 CDs @ $1.00/CD.

If you are unable to pick up your request, please send a check payable to the City of Seattle for $2.60 (to cover copying fee and postage) with a copy of this email to:
Seattle Police Department
Attn: Public Request Unit
PO Box 34986
Seattle, WA 98124-4986

You may file a written appeal of this response with the Chief of Police within ten (10) business days from the date of this letter. Please include your name and address and a copy of this letter together with a brief statement identifying the basis of the appeal. Please mail or deliver your appeal to:

Chief of Police

Seattle Police Department

PO Box 34986

Seattle, WA 98124-4986

The Department anticipates having your next installment ready on or about October 15, 2013.

If you have any questions, you can contact our Public Disclosure Desk at 206-684-5481.

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 April 18, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: SPD-PDR, SPD

We have a response date set for October 15, 2013.

From: SPD-PDR, SPD

PDR # P2013-1249

Mr. Mocek,

This email is in further response to your public disclosure request. In your request you have 18 items listed and the Department will be using your same numbering, as the Department responds to each item.

Item # 11: "Emails sent by Michael A. Sanford from 4/16/12 to 5/4/12"
Response: A second installment of responsive emails are on the CD that is ready to be picked up.

Item # 12: "Emails sent by Joe C. Kessler from 4/16/12 to 5/4/12"
Response: A installment of responsive emails are on the CD that is ready to be picked up.

Item #17 : "Voice and SMS call records from Kessler and other management personnel using cell phones to communicate to avoid giving tactical information over non encrypted airways on 5/1/12 0700-1900"
Response: A first installment of responsive records are on the CD that is ready to be picked up.

The fee for this installment is $1.00 for 1CD @ $1.00/CD.

If you are unable to pick up your request, please send a check payable to the City of Seattle for $1.60 (to cover copying fee and postage) with a copy of this email to:
Seattle Police Department
Attn: Public Request Unit
PO Box 34986
Seattle, WA 98124-4986

You may file a written appeal of this response with the Chief of Police within ten (10) business days from the date of this letter. Please include your name and address and a copy of this letter together with a brief statement identifying the basis of the appeal. Please mail or deliver your appeal to:

Chief of Police

Seattle Police Department

PO Box 34986

Seattle, WA 98124-4986

The Department anticipates having your next installment ready on or about November 5, 2013.

If you have any questions, you can contact our Public Disclosure Desk at 206-684-5481.

From: SPD-PDR, SPD

PDR # P2013-1249

Mr. Mocek,

This email is in further response to your public disclosure request. In your request you have 18 items listed and the Department will be using your same numbering, as the Department responds to each item.

Item # 11: "Emails sent by Michael A. Sanford from 4/16/12 to 5/4/12"
Response: Another installment of responsive emails are on the CD that is ready to be picked up.

Item # 12: "Emails sent by Joe C. Kessler from 4/16/12 to 5/4/12"
Response: A installment of responsive emails are on the CD that is ready to be picked up.

The fee for this installment is $1.00 for 1CD @ $1.00/CD.

If you are unable to pick up your request, please send a check payable to the City of Seattle for $1.60 (to cover copying fee and postage) with a copy of this email to:
Seattle Police Department
Attn: Public Request Unit
PO Box 34986
Seattle, WA 98124-4986

You may file a written appeal of this response with the Chief of Police within ten (10) business days from the date of this letter. Please include your name and address and a copy of this letter together with a brief statement identifying the basis of the appeal. Please mail or deliver your appeal to:

Chief of Police

Seattle Police Department

PO Box 34986

Seattle, WA 98124-4986

Please note that your installment from October 15, 2013 is still at the Public Request Unit counter.

Also please be aware that an agency is only required to make records available for a period of 30 days. If an installment of the responsive records is not claimed, purchased or reviewed, the agency is not obligated to fulfill the balance of responses to include the list above. The Department will not be processing any additional installments until these two installments have been picked up. We will leave your request open for 30 days or until December 4, 2013.

If you have any questions, you can contact our Public Disclosure Desk at 206-684-5481.

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