Police dept internal investigations of Greg W. Sackman #6052

Phil Mocek filed this request with the Seattle Police Department of Seattle, WA.
Tracking # P2013-0543
Est. Completion None
Status
Fix Required

Communications

From: Phil Mocek

To whom It may concern:

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

The full and complete content of every Seattle Police Department Office of Professional Accountability (OPA) investigative file in which the current lead of Seattle Police Department's drone program, Greg W. Sackman, serial #6052, was a named officer at any point in the investigation.

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.

I ask that any redactions be "blacked out" rather than "whited out".

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 # P2012-3477

Mr. Mocek:

This email is in response to your public disclosure request dated October 29th.

Pursuant to RCW 42.56.520, this is notification that we have received your public disclosure request, and we anticipate it may take up to 5 weeks from the date of this notification to respond. Therefore we anticipate a response to you on or about December 11, 2012

This additional time is used to research this request, collect responsive records, and/or prepare records for dissemination. Please note: Seattle Police Department currently receives approximately 4,000 public disclosure requests annually.

If you have any questions or need further assistance with this request, please contact the 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 Oct. 29, 2012. 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 an expected response on or about December 11, 2012. As stated in the letter below.

Thanks for your patience.

From: SPD-PDR, SPD

PDR # P2012-3477

Mr. Mocek:

The purpose of this email is to provide you with an update. The Department has interpreted your request to be for a copy of all complaints filed against Lt. Sackman. The Department has completed its research and there is one IIS that is responsive to your request, IIS 05-0086. This file is about 890 pages.

RCW 42.56.120 allows for an agency to require a deposit of ten percent of the estimated cost of providing copies for a request. The agency may make a request available on a partial or installment basis.

The Seattle Police Department charges ten cents per page to have the files scanned to a CD, plus postage. Again, the Department has estimated that there are approximately 890 pages responsive to this request. At this time, the estimated cost for the records you have requested is $89.00 (plus postage). Based on this estimate, the Department requires a down payment of ten percent, in the amount of $8.90. Once the Department receives the deposit, we will begin processing your request. If we do not receive your deposit within 30 days or by December 30, 2012 the Department will consider your request closed. If an installment of the responsive records is not claimed, purchased or reviewed, the agency is not obligated to fulfill the balance of the request.

If you want to view the records first, please let us know asap, as the Department has not started the review of the records yet.

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

From: Phil Mocek

## Request for documentation of fee demanded for scanning records ##

RE: PDR # P2012-3477

Dear Sir or Madam:

On November 30, 2012, SPD-PDR wrote, "The Seattle Police Department charges ten cents per page to have the files scanned to a CD, plus postage."

Please provide documentation of how this charge was calculated. Ten cents per page to drop a stack of papers into a machine seems unreasonable.

Cordially,
Phil Mocek

From: SPD-PDR, SPD

Mr. Mocek,

Please see attached Public Rules for the City of Seattle. The scanning fee is under rule 7.4. IIS complaints are still in paper format and if you want them electronic, they need to be scanned.

From: Phil Mocek

RE: PDR # P2012-3477

Dear Sir or Madam:

On February 12, 2013, SPD-PDR wrote, "Please see attached Public Rules for the City of Seattle. The scanning fee is under rule 7.4. IIS complaints are still in paper format and if you want them electronic, they need to be scanned."

Section 7.4 of [the document provided][1] states that "When electronic files are burned onto a CD, the requestor may be charged $1.00 per CD. When standard 8 1/2 x 11 records are scanned from paper to .PDF, the requestor may be charged .10 cents per page."

Although this document does not describe the method by which that charge was computed, I hereby withdraw my request for such and agree to pay $1 plus one-tenth of one cent per page as specified in section 7.4 of the "Public Disclosure Policies & Guidelines for Executive Branch" memo signed November 2, 2009, by Mayor Gregory J. Nickels. I expect that 890 scanned pages will fit on a single CDROM, so the total should be approximately $1.89. I will bring cash when I visit to pick up the disc.

From: SPD-PDR, SPD

Mr. Mocek,

This email is in response to your email. The records you requested back on October 29th, are paper records. IIS files are still maintained in paper format, not electronic format, so the Department does charge $0.10/page to have the pages scanned to a CD.

In addition, since you failed to respond to our email on November 30th within the 30 days given, the Department officially closed your PDR on January 3, 2013.

If you wish to with to proceed with this request, the Department will open a new PDR for you, but the deposit that we informed you of on November 30th still applies.

RCW 42.56.120 allows for an agency to require a deposit of ten percent of the estimated cost of providing copies for a request. The agency may make a request available on a partial or installment basis.

The Seattle Police Department charges ten cents per page to have the paper records scanned to a CD, plus postage. Again, the Department has estimated that there are approximately 890 pages responsive to this request. At this time, the estimated cost for the records you have requested is $89.00 (plus postage). Based on this estimate, the Department requires a down payment of ten percent, in the amount of $8.90. Once the Department receives the deposit, we will begin processing your request. The Department will not be working on this request until a deposit is received. If we do not receive your deposit within 30 days or by March 15, 2013 the Department will consider your request closed. If an installment of the responsive records is not claimed, purchased or reviewed, the agency is not obligated to fulfill the balance of the request.

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

From: Phil Mocek

RE: PDR # P2012-3477

Dear Sir or Madam:

I wish to review the responsive record in person. Additionally, I wish to receive an electronic copy, and I am willing to pay $0.001 per page scanned plus $1.00 per CDROM necessary to accommodate those files.

On February 12, 2013, I requested documentation of your calculation of the $0.10 (ten cents) per page fee you demanded for digitization of paper records, as I am skeptical that this is the real cost of dropping a stack of papers into a high-speed scanner. On the same day, you responded by sending a [copy of the "Public Disclosure Policies & Guidelines for Executive Branch" memo signed November 2, 2009, by Mayor Gregory J. Nickels][1] and referred me to rule 7.4 in that document. Section 7.4 of the document states that "When electronic files are burned onto a CD, the requestor may be charged $1.00 per CD. When standard 8 1/2 x 11 records are scanned from paper to .PDF, the requestor may be charged .10 cents per page." On the same day, I wrote back to you, 1) noting that despite my request for such, you did not provide documentation of your calculation, 2) withdrawing my request for such documentation, and 3) agreeing to pay the fee stipulated in the document you provided.

[1]: <https://muckrock.s3.amazonaws.com/foia_files/Public_Rule_-_PDR_11-04-09.pdf>

Please re-estimate charges using the fee schedule in the 2009 memo from Gregory Nickels. I believe the result will be $1.89. Please also provide documentation of the method by which you calculated the real cost of scanning documents to be one $0.10 per page, which is one hundred times the $0.001 per page stipulated in the Nickels memo.

Cordially,
Phil Mocek

From: SPD-PDR, SPD

Mr. Mocek,

I apologize for any misunderstanding in regards to the charging of 10 cents per page for scanned documents. It appears that you interpret the memo signed November 2, 2009 by Mayor Nickels to read that scanned copies are to be charged at .001 of a cent, however SPD had interpreted the memo to read 10 cents per page and not one one-hundreth of a cent per page.

To get a better understanding of the intent of the memo I contacted the Seattle Mayor's Office Public Disclosure Officer (Naomi Hillyard). She informed me that the City of Seattle does charge 10 cents per scanned copy for requests when standard 8 /12 X 11 records are scanned from paper to PDF. The charging of 10 cents per page, was to charge less for scanned documents than those which are copied in paper format (currently 15 cents per page). I understand that the mayor's office will be responding to you in regards to the justification of 10 cents per page as it is a city wide policy and SPD does not have the requested records.

Based on your email below we have assigned a new PDR number (P2013-0543) to your request for the IIS files for Officer Greg W Sackman #6052. As you indicated that you would like to review the responsive records in person, we have begun gathering and processing the requested records and plan to have a first installment ready for your review on or about May 22, 2013.

Bonnie Voegele, Records Manager
206.684.5446

From: Phil Mocek

RE: PDR # P2012-3477

Dear Sir or Madam:

On February 22, 2013, Bonnie Voegele, Seattle Police Department Records Manager, wrote to me, "It appears that you interpret the memo signed November 2, 2009 by Mayor Nickels to read that scanned copies are to be charged at .001 of a cent, however SPD had interpreted the memo to read 10 cents per page and not one one-hundreth of a cent per page."

I did not misinterpret [Mayor Nickels' memo][1]. It appears that SPD staff are repeatedly misreading the memo. I have quoted it repeatedly and provided a link to the copy you sent to me. It states, "When electronic files are burned onto a CD, the requestor may be charged $1.00 per CD. When standard 8 1/2 x 11 records are scanned from paper to .PDF, the requestor may be charged .10 cents per page." .10 cents is one tenth of one cent, which is one one-thousandth of one dollar, or $0.001. I am willing to pay that fee for each page of paper public records you digitize at my request.

[1]: <https://muckrock.s3.amazonaws.com/foia_files/Public_Rule_-_PDR_11-04-09.pdf>
(Public Disclosure Policies & Guidelines for Executive Branch" memo signed November 2, 2009, by Mayor Gregory J. Nickels)

The Public Records Act, in [RCW 42.56.120][2], allows public agencies to charge a fee for copying records. It stipulates that "[i]n no event may an agency charge a per page cost greater than the actual per page cost as established and published by the agency." I have yet to see how you established your fee of ten cents per page, and I am unaware of any publication of such.

[2]: <http://apps.leg.wa.gov/rcw/default.aspx?cite=42.56.120>
(RCW 42.56.120 - Charges for copying.)

Again, I request documentation of your calculation that the real cost of dropping a stack of papers into a high-speed scanner is ten cents per page.

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 Oct. 29, 2012. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #P2013-0543.

Thank you for your help.

From: SPD-PDR, SPD

PDR # P2013-0496

Mr. Mocek:

The purpose of this email is to provide you with a status update regarding your request for a copy of IIS 05-0086. Due to current workload, the Department will need additional time to complete your first installment of records. At this time the Department anticipates having your first installment ready for your review on or about June 3, 2013.

Please note that the final finding in this case, was not a sustained finding for Officer Sackman.

If you no longer need these records, please let the Department know as soon as possible.

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

From: SPD-PDR, SPD

PDR # P2013-0496

Mr. Mocek:

The purpose of this email is to provide you with a status update regarding your request for a copy of IIS 05-0086. Due to current workload, the Department will need additional time to complete your first installment of records. At this time the Department anticipates having your first installment ready for your review on or about June 17, 2013.

If you no longer need these records, please let the Department know as soon as possible.

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

From: SPD-PDR, SPD

PDR # P2013-0496

Mr. Mocek:

This email is in further response to your public disclosure request. The Department has the first installment of IIS 05-0086 ready for your review at the Public Request Unit front counter, 1st floor of Seattle Police Department. The counter is open from 8:00 AM to 5:00 PM. When you talk to a staff person at the counter, just tell them your name and that you are there to review records.

If you want copies of any of the records, please mark those that you want and let the staff person know. They will copy the record and the charge will be $0.15/page.

Please note the Department will not be processing your next installment until these records have been reviewed. The Department will leave the records at the front counter until July 17, 2013. If the records are not reviewed by then, the Department will close your request.

The Department has not prepared a detailed exemption log for records because only limited information has been redacted from the responsive records. The information normally provided in an exemption log, such as title, author, recipient, subject, and number of pages, is readily ascertainable by looking at the redacted records. Redactions have been applied throughout the IIS file (IIS 12-0284) pursuant to the following exemptions:
Unsubstantiated Employee Investigation: Disclosure of the identity of the subject of an unsubstantiated investigation of an employee would violate that
individual's right to privacy. RCW 42.56.230(2). See, Bellevue John Does 1-11 v. Seattle Times, 164 Wn.2d 199, 183 P.3d 139 (2008). See also, Bainbridge Island
Police Guild v. City of Puyallup, ___ Wn.2d ___, 259 P.3d 190 (2011) (holding that it would be a violation of privacy to release the identity of a police officer who
was the subject of an unsubstantiated internal investigation). Explanation: Releasing the identity of the subject of an unsubstantiated investigation could
violate the subject's right to privacy.
DOL Records: Records contain information that was received from the State Department of Licensing (DOL), disclosure of which Is restricted or prohibited.
Disclosure of an individual vehicle owner's name and address, driver's license number and VIN to Third parties is limited under RCW 46.12.635 (See also, 18
USC § 2721). Criminal justice agencies in Washington State, such as SPD, have access to DOL vehicle records through the Washington State Patrol "A Central
Computerized Enforcement Service System" (ACCESS). ACCESS procedures provide that criminal justice agencies have access to DOL vehicle records for
criminal justice purposes and prohibit communication or dissemination to private individuals or companies for other than criminal justice purposes. While
SPD is prohibited from providing this information to you, you correctly observe that RCW 46.12.635 allows certain individuals, businesses and government
Agencies access to it. Your request for access, however, must be directed to DOL. We direct you to the State Department of Licensing website (http://www.dol.wa.gov/), forms section, for a "Vehicle/Vessel Information Disclosure Request."RCW 46.52.130 prohibits release to third parties of abstract and certified copies of driving records. Driver's license photographs and medical or disability information is "highly restricted personal information" and may not be released to third parties under 18 USC § 2721. Explanation: Disclosure of information is statutorily restricted/prohibited and would violate the subject's right to privacy. The information could be used identity theft, fraud or other criminal activity.
Social Security Numbers: Record contains Social Security Numbers. Social Security Numbers of agency employees, volunteers, and their dependents are specifically exempt.(RCW 42.56.250(3)). Social Security Numbers of all individuals are also exempt under Federal law. (26 U.S.C. § 6103, another statute under RCW 42.56.070) Statutorily prohibit: Disclosure of SSN's is prohibited by Federal statute and SSN's could be used for identity theft, fraud or other criminal activity.
Jail Records/Booking Photos: The records contain booking photos and other jail records. RCW 70.48.100 prohibits the disclosure of the records of a person confined in jail. Explanation: Disclosure of information is statutorily prohibited.
Requested Nondisclosure: Complainant, victim or witness requested the information not be disclosed. (RCW 42.560.240(2)). Explanation: The complainant's,
victim's, or witness's indication at the time of the complaint controls the determination whether to disclose.
Social Security Numbers: Record contains Social Security Numbers. Social Security Numbers of agency employees, volunteers, and their dependents are specifically exempt.(RCW 42.56.250(3)). Social Security Numbers of all individuals are also exempt under
Federal law. (26 U.S.C. § 6103, another statute under RCW 42.56.070) Statutorily prohibit: Disclosure of SSN's is prohibited by Federal statute and SSN's could be used for identity theft, fraud or other criminal activity.
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.
WACIC Information: Washington Crime Information Center (WACIC) is a centralized state computerized index of criminal justice information (i.e., criminal record history information, fugitives, stolen properties, missing persons) associated with the National Crime Information Center (NCIC) available to Federal, state, and local law enforcement and other criminal justice agencies for law enforcement purposes. Information obtained from WACIC/NCIC is exempt from disclosure under RCW 42.56.070 and RCW 43.43.710. Explanation: Dissemination is statutorily prohibited.

The Department is withholding the following records from this disclosure:

Criminal History information (pages 74-76, 79-81 and 84-85) pursuant to the following exemption: WACIC Information: Washington Crime Information Center (WACIC) is a centralized state computerized index of criminal justice information (i.e., criminal record history information, fugitives, stolen properties, missing persons) associated with the National Crime Information Center (NCIC) available to Federal, state, and local law enforcement and other criminal justice agencies for law enforcement purposes. Information obtained from WACIC/NCIC is exempt from disclosure under RCW 42.56.070 and RCW 43.43.710. Explanation: Dissemination is statutorily prohibited.

Seattle Fire Department Medical Incident report, pages 251-252, pursuant to the following exemption: Medical Information: Record contains medical information exempt from disclosure to third parties without the patient's written authorization, a court order, or in connection with certain discovery requests. (RCW 70.02.020(1) and in some instances RCW 71.05 may also apply, both are "other statutes" under RCW 42.56.070(1) (mental health records). Explanation: Disclosure of information is statutorily prohibited and would violate the subject's right to privacy.

Booking Sheets, pages 260, 267 and 276, pursuant to the following exemption: Jail Records/Booking Photos: The records contain booking photos and other jail records. RCW 70.48.100 prohibits the disclosure of the records of a person confined in jail. Explanation: Disclosure of information is statutorily prohibited.

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

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

From: SPD-PDR, SPD

PDR # P2013-0496

Mr. Mocek,

It is my understanding that you came into SPD Headquarters on Monday, July 8th to review records in response to this request. It is also my understanding that you did not get a chance to finish reviewing the records, if this is incorrect, please let me know. Once you have completed the review, the Department will begin working on your next installment.

There appears to be a misunderstanding about your ability to photograph the records. You can return to SPD Headquarters to view the records that are available for you and you will not be stopped from photographing them. You will need to sit in the lobby and return the records to the front counter when you are done.

In response to your request that you made via the OPA Web form, "for a copy of all records of the addressing with staff to which Ms. Friend Gray referred to in her 2011 email to me." The Department is going to conduct an email search formally to see if there is any documentation. More than likely this was covered in a team meeting and not documented anywhere. This item will be addressed again with the staff at their team meeting on July 17th. The Department anticipates getting back to you regarding the email search on or about July 24, 2013.

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

From: SPD-PDR, SPD

PDR # P2013-0496

Mr. Mocek,

It is my understanding that you came into SPD Headquarters on Monday, July 8th to review records in response to this request. It is also my understanding that you did not get a chance to finish reviewing the records, if this is incorrect, please let me know. Once you have completed the review, the Department will begin working on your next installment.

There appears to be a misunderstanding about your ability to photograph the records. You can return to SPD Headquarters to view the records that are available for you and you will not be stopped from photographing them. You will need to sit in the lobby and return the records to the front counter when you are done.

In response to your request that you made via the OPA Web form, "for a copy of all records of the addressing with staff to which Ms. Friend Gray referred to in her 2011 email to me." The Department is going to conduct an email search formally to see if there is any documentation. More than likely this was covered in a team meeting and not documented anywhere. This item will be addressed again with the staff at their team meeting on July 17th. The Department anticipates getting back to you regarding the email search on or about July 24, 2013.

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

From: SPD-PDR, SPD

PDR # P2013-0496

Mr. Mocek:

This email is in further response to your public disclosure request. The Department has the second installment of IIS 05-0086 ready for your review at the Public Request Unit front counter, 1st floor of Seattle Police Department. The counter is open from 8:00 AM to 5:00 PM. When you talk to a staff person at the counter, just tell them your name and that you are there to review records.

Please note the Department will not be processing your next installment until these records have been reviewed. The Department will leave the records at the front counter until August 12, 2013. If the records are not reviewed by then, the Department will close your request.

The Department has not prepared a detailed exemption log for records because only limited information has been redacted from the responsive records. The information normally provided in an exemption log, such as title, author, recipient, subject, and number of pages, is readily ascertainable by looking at the redacted records. Redactions have been applied throughout the IIS file (IIS 12-0284) pursuant to the following exemptions:
Unsubstantiated Employee Investigation: Disclosure of the identity of the subject of an unsubstantiated investigation of an employee would violate that
individual's right to privacy. RCW 42.56.230(2). See, Bellevue John Does 1-11 v. Seattle Times, 164 Wn.2d 199, 183 P.3d 139 (2008). See also, Bainbridge Island
Police Guild v. City of Puyallup, ___ Wn.2d ___, 259 P.3d 190 (2011) (holding that it would be a violation of privacy to release the identity of a police officer who
was the subject of an unsubstantiated internal investigation). Explanation: Releasing the identity of the subject of an unsubstantiated investigation could
violate the subject's right to privacy.
Requested Nondisclosure: Complainant, victim or witness requested the information not be disclosed. (RCW 42.560.240(2)). Explanation: The complainant's,
victim's, or witness's indication at the time of the complaint controls the determination whether to disclose.

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

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

From: SPD-PDR, SPD

PDR # P2013-0496

Mr. Mocek,

I have conducted an email search of PDU for the time period August 2, 2011 through January 1, 2012 and found no formal documentation, addressing the issue listed below. This issue was raised at a team meeting, however during the time period listed above official notes/minutes were not taken.

As Ms Friend-Gray stated below this issue was once again addressed at the July 17, 2013 PRU team meeting.

This email concludes the highlighted portion of your request, listed below.

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