Seattle Police internal investigation 11-IIS-0205
| Submitted | Sept. 20, 2011 |
| 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:
Seattle Police Department Office of Professional Accountability file 11-IIS-0205, the document that indexes records contained in that file, and associated metadata
I also request that, if possible, fees be waived as I believe this request is in the public interest and not made for commercial gain. The requested documents will be processed by a representative of the news media/press and made available to the public at MuckRock.com. Please fulfill the request electronically, by e-mail attachment if possible or CD-ROM if not, and let me know of any fees that will be assessed.
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.
If my request is denied in whole or part, I ask that you justify all deletions by reference to specific exemptions of the PRA. I request that any deletions be "blacked out" rather than "whited out". I will also expect you to release all segregable portions of otherwise exempt material.
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: Police Department
From: Sheila Friend Gray
PDR # P2011-3040
Mr. Mocek:
This email is in further response to your public disclosure request. Per your email on September 23, 2011 you requested to narrow this request to "Computer-aided dispatch log (CAD log) for Seattle Police Departments Southwest Precinct, May 4, 2011, from 6:00 p.m. until 11:59 p.m.”, instead of the orig inal request which was for IIS file 11-0205 on September 20, 2011. If this is not correct, please let us know as soon as possible. Please see the attached responsive record which lists all the CAD events generated in the SW Precinct on May 4, 2011 from 1800 hours to 2359 hours.
If you still wanted IIS file 11-0205, the Department is unable to release that information to you at this time. IIS 11-0205 is still an open and active investigation. Non-disclosure of open, active internal investigations is essential to effective law enforcement. (RCW 42.56.240(1).) Explanation: The contents of an active investigation are categorically exempt in their entirety. See Newman v. King County, 133 Wn.2d 565, 947 P.2d 712 (1997).
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
This concludes the Seattle Police Department’s response to your public disclosure request.
If you have any questions, you can contact the Public Disclosure Desk at 206-684-5481.
Thank you,
Sheila
Sheila Friend Gray
Public Request Unit Manager
Seattle Police Department
206-733-9313
Sheila.FriendGray@Seattle.gov
From: Phil Mocek
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Sept. 20, 2011. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thank you for your help.
From: Phil Mocek
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Sept. 20, 2011. 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" <SPD.SPD-PDR@seattle.gov>
Good morning,
This request was completed on 10/17/2011.
Regards,
Jason Hardi #6563
Admin. Spec. II
Seattle Police Dept.
Public Request Unit
206-684-5454 Opt. 9
From: Phil Mocek
This request was not completed. I requested Seattle Police Department Office of Professional Accountability file 11-IIS-0205, the document that indexes records contained in that file, and associated metadata.
On October 17, 2011, Sheila Friend Gray of SPD responded, "If you still wanted IIS file 11-0205, the Department is unable to release that information to you at this time. IIS 11-0205 is still an open and active investigation." My request was for more than the file itself (e.g., for the document which indexes records contained within the file). I understand that some of the records I requested may be redacted. Please provide all segregable portions of otherwise exempt material.
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 Sept. 20, 2011. 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" <SPD.SPD-PDR@seattle.gov>
PDR # P2012-72
Mr. Mocek:
The Department considers this to be a new request, since you never clarified your old request. At this time, the Department anticipates getting you a response on or about February 16, 2012.
If you have any questions, you can contact our Public Disclosure Desk at 206-684-5481.
Thank you,
Sheila
Sheila Friend Gray
Public Request Unit Manager
Seattle Police Department
206-733-9313
Sheila.FriendGray@Seattle.gov
From: "SPD-PDR, SPD" <SPD.SPD-PDR@seattle.gov>
PDR # P2012-72
Mr. Mocek:
This email is in response to your public disclosure request for a copy of IIS 11-0205 dated January 10, 2012. The Department records ready for pickup at the Public Request Unit counter, 1st floor of Seattle Police Headquarters, 610 Fifth Avenue. Our hours are Monday through Friday 8;00 AM to 5:00 PM.
The copying fee for this request is $13.90 for 139 pages scanned to a CD @ $0.10/page.
If you are unable to pick up your request, please send a check payable to the City of Seattle for $15.50 (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
Redactions have been applied throughout the file pursuant to the following exemptions:
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.
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.
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
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.
Thank you,
Sheila
Sheila Friend Gray
Public Request Unit Manager
Seattle Police Department
206-733-9313
Sheila.FriendGray@Seattle.gov<mailto:Sheila.FriendGray@Seattle.gov>
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