|Submitted||June 14, 2013|
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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 Wade H. Murray #6260 was a named officer at any point in the investigation, along with associated metadata.
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.
RE: Public Disclosure Request # P2013-1931
Dear Mr. Mocek,
This letter is in response to your public disclosure request dated June 14, 2013 for all OPA investigative files involving (at any point in the investigation) Wade H. Murray, #6260.
Pursuant to RCW 42.56.520, this is notification that we have received your public disclosure request. We anticipate a response to you on or about August 19, 2013.
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 5,000 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.
Chief of Police
Administrative Specialist II
Public Disclosure Unit
PDR # P2013-1931
This email is in further response to your public disclosure request dated June 5, 2013. A copy of our prior correspondence is attached.
A search of the OPA/IIS records resulted in two responsive IIS files, SR 10-0071 and IIS 10-0304. Total: 170 pages and one CD.
These records are available at the Public Request Unit front counter, 1st floor of Seattle Police Department Headquarters, 610 5th Ave. Their hours are Monday through Friday, 8:00 AM to 5:00 PM.
If you wish to pay for a copy of the file, the amount due is $18.00 for the 170 pages scanned to a CD @ $0.10/page and 1 CD with media on it @ $1.00/CD.
OR you may come in to Seattle Police Department Headquarters and review the file in the lobby on the first floor during business hours.
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 files 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.
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.
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.
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.
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.
The Department is withholding pages 27-28 from IIS 10-0304, King County Booking Sheets, 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
Please note: These records will be available for review for 30 days or until September 13, 2013.
This concludes the Department's response to your public disclosure request.
If you have any questions, you can contact our Public Disclosure Desk at 206-684-5481.