Joshua Freed e-mail with mayors/managers since 2016-09-01 (Shoreline)

Phil Mocek filed this request with the Shoreline City Manager's Office of Shoreline, WA.
Tracking #

18-227

Status
Completed

Communications

From: Phil Mocek

To whom it may concern:

## Background ##

On September 15, 2016, Seattle's, Auburn's, Renton's and King County's [Heroin and Prescription Opiate Addiction Task Force][1] issued a set of [recommendations][2] comprising a strategy for confronting the region's growing heroin and opioid epidemic. The recommendations focused on prevention, increasing access to treatment on demand, and reducing the number of fatal overdoses. Among those recommendations was that a pilot project be initiated with the establishment of two supervised consumption spaces--public health facilities also known by several other names, including community health engagement locations, in which people living with substance use disorder would be allowed to use otherwise-prohibited drugs in a clean environment that provides supervision, medical assistance, and connections to health care and long-term treatment. The task force recommended that for the pilot program, one of these facilities be located in Seattle and the other be located elsewhere in King County. About four months later, Seattle Mayor Ed Murray and King County Executive Dow Constantine formally [accepted all recommendations][3] issued by the task force.

[1]: <http://kingcounty.gov/depts/community-human-services/mental-health-substance-abuse/task-forces/heroin-opiates-task-force.aspx>
[2]: <http://kingcounty.gov/elected/executive/constantine/news/release/2016/September/15-heroin-opioid-task-force-report.aspx>
[3]: <http://seattletimes.com/seattle-news/crime/seattle-king-county-move-to-create-2-injection-sites-for-drug-users/>

On May 11, 2017, a public initiative to ban supervised consumption sites in King County was [announced][4]. Chief sponsor of the proposed initiative (I-27) is Bothell City Council member Joshua Freed. The campaign formed a political action committee called Impaction, and Freed was later [reported][5] as the top donor to the PAC, having contributed $40,000 to it.

[4]: <http://seattletimes.com/seattle-news/politics/initiative-proposed-to-ban-heroin-safe-injection-sites-in-king-county/>
[5]: <http://seattletimes.com/seattle-news/politics/injectionsites-signatures/>

In an e-mail dated August 18, 2017, Andy Rheaume, mayor of Bothell, Washington, wrote to Joshua Freed, former mayor and current member of Bothell City Council, reporting that Mr. Freed had previously sent both inaccurate and misleading information about supervised consumption sites to unspecified mayors in multiple King County cities:

> Date: Fri, 18 Aug 2017 04:34:52 +0000
> From Andy Rheaume <Andy.Rheaume@bothellwa.gov>
> To: Joshua Freed <Joshua.Freed@bothellwa.gov>,
> Jennifer Phillips <jennifer.phillips@bothellwa.gov>,
> Tris Samberg <Tris.Samberg@bothellwa.gov>,
> Paul Byrne <Paul.Byrne@bothellwa.gov>
> Subject: Re: Heroin Injection Sites
>
> Josh,
>
> Its completely [inappropriate] for you to dictate to the city manager and the
> mayor when and how agenda items will be scheduled. Please review the council
> protocol manual. In addition, from what I understand from other mayors,
> cities have no need to adopt a ban on injection sites based on the language
> of the king county council ordinance.
>
> The city manager responsibility is to determine what the staff can handle. It
> is not appropriate for an individual council member to direct a city manager,
> and to think its OK to have a council member write an ordinance for council
> consideration.
>
> You sent an email to king county mayors other than me, indicating that the
> Bothell City Council will ban injection sites in September. The Bothell City
> Council has not weighed in on this issue in any way. For this fact alone, you
> do not have my support to have this added to any agenda while you are on
> council.
>
> Andy Rheaume
> Mayor of Bothell

## Request ##

Pursuant to RCW Ch. 42.56 (Public Records Act), I request all e-mail correspondence between Joshua Freed and your city's mayor and/or city manager since September 1, 2016. This should include messages to or from any e-mail address used by Mr. Freed, either public or private (e.g., joshua.freed@ci.bothell.wa.us, joshua.freed@bothellwa.gov, joshuafreed@mac.com, info@impacwa.com, etc.) This should include but not be limited to any of the messages cited by Bothell mayor Andy Rheaume when he wrote of Mr. Freed's messages to various King County mayors that reportedly contained both inaccurate information and misleading information pertaining to plans for supervised drug consumption sites or to the potential banning thereof.

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: Shoreline City Manager's Office

Mr. Mocek c/o MuckRock News,

This letter is to acknowledge receipt of your request for public records, received on August 13, 2018, pursuant to the Washington Public Records Act, Ch. 42.56 RCW. Your request has been assigned Request No. PRR-18-227 and is outlined at the bottom of this email. Referencing this number will assist us in locating information if you contact us for a status update.
It has come to our attention that the City did not receive the prior request(s) mentioned in your request because your emails were quarantined in the City's spam filter. We apologize that your request never made it to us and the City has expedited its response to this request that we received on Monday. In the future, in order to best assist you and avoid delay in processing of your requests, requests for public records should be submitted via the City's public records request form found at : http://www.shorelinewa.gov/government/departments/city-clerk-s-office/public-records-request/public-records-request . If you do not receive a response within 5 days, please contact the Clerk's Office directly via telephone at (206) 801-2230.
The City has completed processing your request for public records and copies of electronic records are ready for your download from the City's FTP Site. Please see the attached invoice for the copying fees that are due. All fees must be paid prior to release of the records. Payment of cash or check (made payable to the "City of Shoreline") is accepted in the City Clerk's Office. Once payment is received, I will send you a username and password to access and download the records. These records will be available on the FTP site for 30 calendar days from this notification.

This completes the City's response to your request. If you have any questions regarding this request, please feel free to contact me at (206) 801-2235.

Your request is outlined as follows:
"Shoreline City Manager's Office
Washington Public Records Act Office
17500 Midvale Avenue North
Shoreline, WA 98133-4905
August 13, 2018
This is a follow up to a previous request:
To Whom It May Concern:
I wanted to follow up on the following Washington Public Records Act request, copied below, and originally submitted on Sept. 12, 2017. 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.
Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com<mailto:requests@muckrock.com>
Upload documents directly: https://www.muckrock.com/accounts/agency_login/shoreline-city-managers-office-9801/joshua-freed-e-mail-with-mayorsmanagers-since-2016-09-01-shoreline-42910/?uuid-login=17e854e3-22d3-439b-937a-df80c3af7bdc&email=cmo%40shorelinewa.gov#agency-reply
Is this email coming to the wrong contact? Something else wrong? Use the above link to let us know.
For mailed responses, please address (see note):
MuckRock News
DEPT MR 42910
411A Highland Ave
Somerville, MA 02144-2516
PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.
---
On Sept. 12, 2017:
To whom it may concern:

## Request ##
Pursuant to RCW Ch. 42.56 (Public Records Act), I request all e-mail correspondence between Joshua Freed and your city's mayor and/or city manager since September 1, 2016. This should include messages to or from any e-mail address used by Mr. Freed, either public or private (e.g., joshua.freed@ci.bothell.wa.us<mailto:joshua.freed@ci.bothell.wa.us>, joshua.freed@bothellwa.gov<mailto:joshua.freed@bothellwa.gov>, joshuafreed@mac.com<mailto:joshuafreed@mac.com>, info@impacwa.com<mailto:info@impacwa.com>, etc.) This should include but not be limited to any of the messages cited by Bothell mayor Andy Rheaume when he wrote of Mr. Freed's messages to various King County mayors that reportedly contained both inaccurate information and misleading information pertaining to plans for supervised drug consumption sites or to the potential banning thereof.
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
Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com<mailto:requests@muckrock.com>
Upload documents directly: https://www.muckrock.com/accounts/agency_login/shoreline-city-managers-office-9801/joshua-freed-e-mail-with-mayorsmanagers-since-2016-09-01-shoreline-42910/?uuid-login=17e854e3-22d3-439b-937a-df80c3af7bdc&email=cmo%40shorelinewa.gov#agency-reply
Is this email coming to the wrong contact? Something else wrong? Use the above link to let us know.
For mailed responses, please address (see note):
MuckRock News
DEPT MR 42910
411A Highland Ave
Somerville, MA 02144-2516
PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable."

Sincerely,

Sara Ziegenbein | City of Shoreline
Public Disclosure Specialist
17500 Midvale Ave North | Shoreline, WA 98133
(206) 801-2235 | sziegenbein@shorelinewa.gov<mailto:sziegenbein@shorelinewa.gov>
pdr@shorelinewa.gov<mailto:pdr@shorelinewa.gov>

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From: Phil Mocek

Dear Ms. Ziegenbein:

Intentionally or unintentionally, your office effectively ignored my request for eleven months. How you program your machines to operate on your behalf is your business, and it sounds like yours were poorly programmed. A court would likely find that you owe up to $100 per day after the five days allowed for violation of the PRA. I am willing to avoid that hassle. Please send the records as I explicitly requested, via e-mail attachment or on CDROM if that is not possible.

Cordially,
Phil Mocek

From: Shoreline City Manager's Office

Mr. Mocek,

The City strives to be in full compliance with the Public Records Act and to provide timely and efficient responses to requests for public records. We are currently investigating how your prior request was inadvertently caught in the City's quarantined spam filter. On the occasion that we find something was missed, we act immediately to rectify the situation. In this case, as soon as we were made aware on the error we promptly expedited the response process and were able to provide a complete response to your request within 5 days.

Under the circumstances and in an effort to best assist you, the City will waive the fees associated with copying electronic records to the City's FTP site. Ordinarily, the City does not provide records via email but, will make an exception this time in order to fully expedite our response process.

Records responsive to your request are attached to this email. If you have any questions, please feel free to call me at (206) 801-2235; Otherwise I will consider this request closed.

Sincerely,

Sara Ziegenbein | City of Shoreline
Public Disclosure Specialist
17500 Midvale Ave North | Shoreline, WA 98133
(206) 801-2235 | sziegenbein@shorelinewa.gov<mailto:sziegenbein@shorelinewa.gov>
pdr@shorelinewa.gov<mailto:pdr@shorelinewa.gov>

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