Police staff roster (May 2021) (Spokane Police Department)

Phil Mocek filed this request with the Spokane Police Department of Spokane, WA.

It is a clone of this request.

Tracking #

P003137-052721

Multi Request Police staff roster (May 2021)
Est. Completion July 20, 2021
Status
Fix Required

Communications

From: Phil Mocek


To Whom It May Concern:

Pursuant to the Washington Public Records Act, I hereby request the following records:

Staff roster including but not limited to first and last names, job titles, areas of assignment, and badge, serial, and other identifying numbers. In order of preference, I would prefer that this data be provided as: OpenDocument spreadsheet, plain text with comma-separated-values (i.e., a "CSV" file), Excel spreadsheet, or the native electronic format of the software from which this information is retrieved in fulfillment of my request. I specifically request that you not create a new record for me by rendering to PDF or by printing your electronic record then scanning it to make a series of images of the printed data.

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: Spokane Police Department

Phil Mocek

Thank you for your interest in public records of the City of Spokane.  Your request has been received and is being processed.  Your request was received in this office on May 27, 2021 and given the reference number P003137-052721 for tracking purposes.
Date/Date Range Start:
Date Range End:
Description of Records Requested: To Whom It May Concern:

Pursuant to the Washington Public Records Act, I hereby request the following records:

Staff roster including but not limited to first and last names, job titles, areas of assignment, and badge, serial, and other identifying numbers. In order of preference, I would prefer that this data be provided as: OpenDocument spreadsheet, plain text with comma-separated-values (i.e., a "CSV" file), Excel spreadsheet, or the native electronic format of the software from which this information is retrieved in fulfillment of my request. I specifically request that you not create a new record for me by rendering to PDF or by printing your electronic record then scanning it to make a series of images of the printed data.

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

Upload documents directly: https://https://www.muckrock.comhttps://www.muckrock.com/

Your request will be forwarded to the relevant City department(s) to locate the records you seek and to determine the volume and any costs associated with satisfying your request.  You will be contacted about the availability of the records in question.
You can monitor the progress of your request at the link below and you'll receive an email when your request has been completed.  Again, thank you for using the Spokane Records Center.
City of Spokane

From: Spokane Police Department

Attachments:
Commercial_Purpose_Declaration.pdf (https://u8387778.ct.sendgrid.net/ls/click?upn=6HtRfOYLt5fXvpttM-2FU1HSVD4CrS9uFW2stupoI-2F3P-2FCR9v4w4dDGSabyWOuZGyK8OFIkL85kcr3-2FRmi6CztbK-2FfWd4L27b4WpL3SrOx0FA3GtTwxepwjFB60Sz12YhygjeSHJhKh-2BsoelrJUTuUh4yadsb9gELjYJLrC0xAe1MlCxbRd80ctvBOLdjRlRtMCRNNyxtdyTk6s3rTvxutiUuJ4Eu2DVp6w4qLee8xh-2B8-3DzzWP_qTIfhs8g7cI8XS9uhAZ5r5AyySPlol-2BaZJzJnx5YDz6hN273poisVEO51rfDZo-2Bo6XJ8Y9NoB4QGFgfgRergRurPH44lGcivYhSP1g8hzimc6s-2B-2Fn14cUkUVJDCWqfLuCNjJbTnKhqXE-2BQAzWdoyNUfbrnqVn0xeOoMSk0C8Ffm0S4thBoLSlBIgMPOg83dOkjYSPFDmYnrW0kKZUqtLHijlbx6kPLr3IRZfmeB5E-2BikClSm44r5QnisMbsV1HRvPwQ1CYfmbzRXpq97o5KOIj19E8BsAH6Trr6DTay-2BJC6O-2Bvasut0itz-2FOErdjMyRrZjRdD8eVFGAYrCv3u6nJrlF14W9A-2FmdZmh0DSo56DNr2AKuhFs0-2B-2BnhEyI3E4HFbE5f-2BRlQxMxyn9vfdpboy8w-3D-3D)

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If you wish to submit a response, update an existing request, check the status of an already submitted request, or submit a new public records request, please do so by replying to this notification or go through your “My Request Center” account on the City’s public records request portal (https://u8387778.ct.sendgrid.net/ls/click?upn=6HtRfOYLt5fXvpttM-2FU1HSVD4CrS9uFW2stupoI-2F3P-2FCR9v4w4dDGSabyWOuZGyK73EIPwhayp6yerTiw-2FMwyAatRlrvnO7ENj4b1rLl3GE-3DL3cv_qTIfhs8g7cI8XS9uhAZ5r5AyySPlol-2BaZJzJnx5YDz6hN273poisVEO51rfDZo-2Bo6XJ8Y9NoB4QGFgfgRergRurPH44lGcivYhSP1g8hzimc6s-2B-2Fn14cUkUVJDCWqfLuCNjJbTnKhqXE-2BQAzWdoyNUfbrnqVn0xeOoMSk0C8Ffm0S4thBoLSlBIgMPOg83dOkjYSPFDmYnrW0kKZUqtLHijlbx6kPLr3IRZfmeB5E-2BikClSm44r5QnisMbsV1HRv7F-2FeB4pTJK4rPyN8wryq0evLXc8blxMiwonZaQR-2ByhE0FtMpqT-2BOn9TjmUik6-2FwxkB-2FssGQaTfURlTZzOgbPVKAP3VycWuW5IsFqdeKzEKgYgoqXs7RRR3yI-2FKyD3Lgjo2iBJsPGnnvypxMvWF4uXQ-3D-3D)
In accordance with the Public Records Act (PRA), RCW 42.56.520, this message acknowledges receipt of your PRA request, received by the City of Spokane on May 27, 2021.  This request has been assigned tracking number P003137-052721.  Please use this number in any communications concerning this request.
Specifically, you requested: To Whom It May Concern:

Pursuant to the Washington Public Records Act, I hereby request the following records:

Staff roster including but not limited to first and last names, job titles, areas of assignment, and badge, serial, and other identifying numbers. In order of preference, I would prefer that this data be provided as: OpenDocument spreadsheet, plain text with comma-separated-values (i.e., a "CSV" file), Excel spreadsheet, or the native electronic format of the software from which this information is retrieved in fulfillment of my request. I specifically request that you not create a new record for me by rendering to PDF or by printing your electronic record then scanning it to make a series of images of the printed data.

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

The record you seek consists of a list of individuals. An appellate court decision, SEIU Healthcare 775 NW v. DSHS, 193 Wn. App. 377 (2016) holds that when a city receives a request for documents that includes a list of individuals, the City is required to determine whether the list will be used for “commercial purposes.” The case concluded that a requestor has a commercial purpose if the requestor intends to use the list for direct or indirect profit-making activity, regardless of whether the requestor intends to contact the individuals on the list or even if the individuals are personally affected by the release of the list or not. If the City has some indication that a requester intends to use a list of individuals for a commercial purpose, we are required to “investigate further” before we disclose that list.

Further, the SEIU case held that even an affirmation (as you provided in your request)  stating that any responsive records received for a request which include lists of individuals will not be used for commercial purposes, is not sufficient. Instead, before we can release the records providing the requested information, we are required to obtain from you sufficient details as to what you intend to use the list for so that we can make an independent evaluation as to whether or not your purpose is commercial or not.

Please fill out and return the attached Commercial Purpose Declaration. A determination will then be made as to whether your stated purpose regarding the use of the list(s) of individuals contained in any compiled responsive records is sufficient to allow for the release of this information. To avoid unnecessary delay in obtaining these specific responsive records for your request, please return the completed declaration at your earliest opportunity. We will follow up with you within five business days as to the validity of the stated purpose relating to your request.
As an alternative, if you are amenable to receiving a document with the names of individuals removed, please advise.  Please provide the completed declaration or your clarification as soon as possible, but within 30 days of today’s date, or by July 7, 2021.  Upon receipt of either a completed declaration deemed to be valid, or clarification from you that you are amenable to receiving a version of the document without the names of individuals, we anticipate requiring 21 days from the date of any such clarification, to provide this document.
If a completed declaration or clarification is not received from you by July 7, 2021, your request will be considered concluded and closed, and a new request would be required in this matter after July 7.

Sincerely,
Laurie Farnsworth
Spokane Deputy City Clerk
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From: Phil Mocek

Dear Ms. Farnsworth:

I have requested and received staff rosters from a variety of other agencies in the state of Washington, including those of municipal police departments, as recently as this week. None besides yours has ever requested the additional information you seek.

As I wrote previously, I do not intend to use this public record for commercial purposes. I intend to use this public record to inform myself and the public at large of whom we, the people, employ to work as peace officers in the city of Spokane, what those employee's general assignments are, and how they are identified by your agency when names are not available (e.g., when one is identified only by "badge number").

Cordially,
Phil Mocek

From: Spokane Police Department

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If you wish to submit a response, update an existing request, check the status of an already submitted request, or submit a new public records request, please do so by replying to this notification or go through your “My Request Center” account on the City’s public records request portal
Good afternoon:
This is a follow up to my previous correspondence to you regarding your public records request assigned tracking number P003137-052721, and is to also acknowledge your messages of July 2 and 7.
Due to other workload and staff summer absences, we were unable to follow up with you by the July 7 date previously cited.  We anticipate following up with you in approximately one week, or on or about July 15.  If we are able to follow up with you sooner, we will let you know.
Sincerely,
Laurie Farnsworth
Spokane Deputy City Clerk
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From: Spokane Police Department

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If you wish to submit a response, update an existing request, check the status of an already submitted request, or submit a new public records request, please do so by replying to this notification or go through your “My Request Center” account on the City’s public records request portal
Good afternoon.  This is a follow up to Ms. Farnsworth's response to you on July 8, 2021.  Ms. Farnsworth has been out of the office the past 3 days.  I am in process of following up on your request and I anticipate getting back to you tomorrow with a further response.
Sincerely,
Terri Pfister
City Clerk
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From: Spokane Police Department

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If you wish to submit a response, update an existing request, check the status of an already submitted request, or submit a new public records request, please do so by replying to this notification or go through your “My Request Center” account on the City’s public records request portal
Mr.  Mocek:
This is a follow up to the previous correspondence from me and from City Clerk Terri Pfister regarding your PRR No.  P003137-052721.  It has been determined that a commercial purpose declaration will not be required for this request.  Accordingly, we anticipate providing the responsive records on or about this coming Tuesday, July 20, and we will follow up with you accordingly.
Sincerely,
Laurie Farnsworth
Spokane Deputy City Clerk
To monitor the progress or update this request please log into the

From: Spokane Police Department

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If you wish to submit a response, update an existing request, check the status of an already submitted request, or submit a new public records request, please do so by replying to this notification or go through your “My Request Center” account on the City’s public records request portal
Mr. Mocek:
This is a follow up to Deputy City Clerk Laurie Farnsworth's message to you on July 16, 2021, and is to advise that the responsive record compiled by Police Department staff to your request is available for your review under your "My Request Center" account on the City's public records request portal (GovQA).  Upon review, you will note that some information has been redacted.  The compiled Excel spreadsheet was converted by Police Records Unit staff to PDF in order to perform redactions of information.  An exemption log accompanies the record explaining the withheld information and the reasons and statute relied upon for withholding the information.
In accordance with Section 6.5 of the City’s Public Records Request policy, if you wish to appeal a determination to withhold information, you may petition in writing or by email to the City Clerk’s Office for a review of the determination within sixty (60) days of the denial of access.  Please include a copy of, or reasonably identify, the part of the response to which you object.  Your petition will be forwarded to the Hearing Examiner, who will consider the petition and either affirm or reverse the determination within ten (10) business days following the City’s receipt of the petition, or within such greater period of time as the City and the requestor mutually agree to. You may obtain a court review of the denial of your request pursuant to RCW 42.56.520 at the conclusion of the two business days after the initial denial, regardless of any internal administrative review.  The complete Public Records Request Policy may be accessed at the following website: https://my.spokanecity.org/administrative/public-records/.
Does the provided document satisfy the intent of your request?  Your request states "including but not limited to...serial, and other identifying numbers."  We interpreted this portion of your request to mean Badge/Payroll ID number.  If we have misinterpreted or misunderstood this portion of your request, please advise and clarify as to what you mean.
Please provide the requested clarifications above within 30 days of today's date, or by August 19, 2021.  If no such clarification has been received, we will consider our response concluded and your request closed.
Sincerely,
Terri Pfister
City Clerk

From: Phil Mocek

To whom it may concern:

I appeal.

Instead of providing the original record, either in its native electronic format, or as an open-standard spreadsheet, or as a proprietary spreadsheet, you rendered to PDF. PDF is good for printing or naked-eye viewing, but it is not good for data processing, as one might wish to do in order to search a set of staff rosters or combine into a multi-jurisdictional database of peace officers. The new record that you created is less useful to the public than the record I requested.

Further, you redacted the names of organizational divisions (units) for some staff, claiming RCW 42.56.240(1) as justification for such. That paragraph, in its entirety, reads, "Specific intelligence information and specific investigative records compiled by investigative, law enforcement, and penology agencies, and state agencies vested with the responsibility to discipline members of any profession, the nondisclosure of which is essential to effective law enforcement or for the protection of any person's right to privacy."

Names of units are neither specific intelligence information nor specific investigative records.

Please see see Municipal Research and Services Center's February 24, 2020, guidance, "New Ruling Provides Guidance on `Specific Intelligence'": https://mrsc.org/Home/Stay-Informed/MRSC-Insight/February-2020/New-Ruling-on-Specific-Intelligence.aspx. In it, author Steve Goss references West v. City of Tacoma, No. 51487-7-II (Published January 28, 2020), Division II of the Court of Appeals.

Reading that opinion, I find the following (pp25-26) to be of particular relevance:

==== BEGIN QUOTED MATERIAL ================

Under RCW 42.56.240(1), specific intelligence information and specific investigative records may be exempt from production. This exemption is intended to protect the integrity of law enforcement investigations. Koenig v. Thurston County, 175 Wn.2d 837, 843, 287 P.3d 523 (2012). To qualify for this exemption, the record must be (1) specific information that is intelligence or investigative in nature; (2) compiled by an investigative, law enforcement, or penological agency; and (3) essential to law enforcement or the protection of privacy. RCW 42.56.240(1); Wade's Eastside Gun Shop, Inc. v. Dep't of Labor and Indus., 185 Wn.2d 270, 281, 372 P.3d 97 (2016).

Specific investigative records are records compiled from a specific investigation that focused on a particular party. Koenig, 175 Wn.2d at 843. A specific investigation is "designed to ferret out criminal activity or to shed light on some other allegation of malfeasance." Columbian Publ'g Co. v. City of Vancouver, 36 Wn. App. 25, 31, 671 P.2d 280 (1983). The City does not argue that the redacted documents were investigative records, and because the redacted records did not result from a particular investigation, these records cannot be specific investigative records. Thus, our first focus is on the question of whether the information is "specific intelligence information."

"Specific intelligence information" is not defined in the PRA. "[T]he term 'specific' in the exemption for specific intelligence information must be read to require not that the information concern particular individuals, but that it disclose particular methods or procedures for gathering or evaluating intelligence information." Haines-Marchel v. Dep't of Corr., 183 Wn. App. 655, 669, 334 P.3d 99 (2014).

In King County v. Sheehan, we held that a list of police officers' names was not specific intelligence information. 114 Wn. App. 325, 337-38, 57 P.3d 307 (2002). Because the PRA does not define the term "specific intelligence information," we looked to a dictionary definition to determine its ordinary meaning. King County, 114 Wn. App. at 337. We defined intelligence in this context as "'the gathering or distribution of information, especially secret information,' or 'information about an enemy' or 'the evaluated conclusions drawn from such information.'" King County, 114 Wn. App. at 337 (quoting RANDOM HOUSE UNABRIDGED DICTIONARY 990 (2d ed. 1993)). Further, we held that the exemption applied to specific intelligence information, which suggested an even narrower interpretation of the exemption. King County, 114 Wn. App. at 337.

==== END QUOTED MATERIAL ================

Cordially,
Phil Mocek

From: Spokane Police Department

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If you wish to submit a response, update an existing request, check the status of an already submitted request, or submit a new public records request, please do so by replying to this notification or go through your “My Request Center” account on the City’s public records request portal (https://u8387778.ct.sendgrid.net/ls/click?upn=6HtRfOYLt5fXvpttM-2FU1HSVD4CrS9uFW2stupoI-2F3P-2FCR9v4w4dDGSabyWOuZGyK73EIPwhayp6yerTiw-2FMwyAatRlrvnO7ENj4b1rLl3GE-3DiizB_qTIfhs8g7cI8XS9uhAZ5r5AyySPlol-2BaZJzJnx5YDz6hN273poisVEO51rfDZo-2Bo6XJ8Y9NoB4QGFgfgRergRiKgNMQgzzl2xVvcoHWYkU0V7AhhUazAFXM8eQ-2BwJ43QHcmmmirG0iqAPRqLnHlyPBH5kGqWmsPHvKw-2BZAOfwjvVm2-2BJ8wBzeE-2Bc2sVztbWQ0vkW-2BTujd9F-2FzigLMTGdzGExb71uuN5L27NVKWFIiSWkiP7jZ4dyLsH7DDE6N1Ibv-2Bkbqqt6X-2FL8d9xpRNu0rF-2FfYQKtx0TMxOReUGNpAw8hPeJ8B-2BnOHzfmZlUm7UEL4N3UAZM0a-2BIF5r8Q6lV9bZeNK8eTwNwsFSq4iphFDp8vZhJENr0uS8JOQxMH2BakAwdBfVVI-2Fo4aDU9yhZp2uA-3D-3D)
Good afternoon:
This is a follow up to City Clerk Terri Pfister's July 20 correspondence to you wherein I sought clarification regarding your public records request assigned tracking number P003137-052721, with any such clarification to be provided to the City Clerk's Office by August 19, 2021.
As, to our knowledge, no such clarification has been received, we are considering our response to your request to be concluded and closed, and a new request will be required for any additional records you may still be seeking in this matter.
If you feel there has been any misunderstanding, or, if we can be of further assistance, please advise.
Sincerely,
Laurie Farnsworth
Spokane Deputy City Clerk
To monitor the progress or update this request please log into the

From: Spokane Police Department

If you wish to submit a response, update an existing request, check the status of an already submitted request, or submit a new public records request, please do so by replying to this notification or go through your “My Request Center” account on the City’s public records request portal (https://u8387778.ct.sendgrid.net/ls/click?upn=6HtRfOYLt5fXvpttM-2FU1HSVD4CrS9uFW2stupoI-2F3P-2FCR9v4w4dDGSabyWOuZGyK73EIPwhayp6yerTiw-2FMwyAatRlrvnO7ENj4b1rLl3GE-3DAEeU_qTIfhs8g7cI8XS9uhAZ5r5AyySPlol-2BaZJzJnx5YDz6hN273poisVEO51rfDZo-2Bo6XJ8Y9NoB4QGFgfgRergRqnvV48CB4Ub3O01Vv7ZyEG6gitA3KfluqcaAipspXRebKQ5NIAJe8Jp4ag9gl1ai-2Bs-2BTC9ksf2qKUwrzBR40mmphGFR9BOgT-2F-2FLdPruuXgTKQJOIum1RcM0RWgassspS-2BooaE4yqqfVqOTnWXLJzTcyBAZp28wOC4kO378cLSA3EkRWbk9J057sPegXM0YYR-2FvNCWsNYuGs6S7yxcJixpnKgvwR-2BjaNjJ8fFTE2Ukesq-2FNektk4RgwwvynvL3r87F5p-2Fx1wJs7SBuOwXmTm9apeqIJWThAcGkqia4X6sY48tXheG6z8xynfkOZpo8rGNw-3D-3D)

Dear Phil Mocek:

Thank you for submitting your public records request through The Spokane Public Records Center. We would like to invite you to take a short survey on your experience.

Please click the following link if you would like to participate.
Customer Satisfaction Survey (https://u8387778.ct.sendgrid.net/ls/click?upn=6HtRfOYLt5fXvpttM-2FU1HSVD4CrS9uFW2stupoI-2F3P-2FCR9v4w4dDGSabyWOuZGyKOxaNTcvv-2F4ALTGWf3-2FBgaDnMu6wKPaejYq7JYvoIRLRnbOjrdNWNwLqIjFUrzgqMEVarYcuqhWB8mxKNS3rbl47eoEvJYoP2EB11hqL2n24XL3FmC7G81ucqt68jUTsoEZg19HKqd0VGCMAeyEWdfA-3D-3D9oSa_qTIfhs8g7cI8XS9uhAZ5r5AyySPlol-2BaZJzJnx5YDz6hN273poisVEO51rfDZo-2Bo6XJ8Y9NoB4QGFgfgRergRqnvV48CB4Ub3O01Vv7ZyEG6gitA3KfluqcaAipspXRebKQ5NIAJe8Jp4ag9gl1ai-2Bs-2BTC9ksf2qKUwrzBR40mmphGFR9BOgT-2F-2FLdPruuXgTKQJOIum1RcM0RWgassspS-2BooaE4yqqfVqOTnWXLJzTcyBAZp28wOC4kO378cLSA3u6mC3VuGbJ0gc9FF176SunotyGlRIvRRqgE-2BS-2Bv1XjlIUKTGlkpuQpuuYLYJoLl8ILlpEeCXJSjSkHZjSqPg8pSg0SdnvqOhAlCiSU1tFSawFqv96Iz-2BJDUEDwZ7UXgVJg4Uzt9rn7TSabulRG6ZAg-3D-3D)

We appreciate your feedback.
Thank you.

From: Spokane Police Department

Hello Phil Mocek,
This is an auto-generated email. to this email. If you wish to submit a response, update an existing request, check the status of an already submitted request, or submit a new public records request, please do so through your “My Request Center” account on the PLEASE DO NOT REPLY City’s public records request portal. (https://u8387778.ct.sendgrid.net/ls/click?upn=6HtRfOYLt5fXvpttM-2FU1HXPW5Kaw8oy34VrRSLMpzH7xog86bxvvttU-2BMBwtey3OlKjm_qTIfhs8g7cI8XS9uhAZ5r5AyySPlol-2BaZJzJnx5YDz6hN273poisVEO51rfDZo-2Bo6XJ8Y9NoB4QGFgfgRergRmcvR3jrx-2BEI0hz-2BjhzFniBkW4I4NqY2i-2FMikMNcRkT5NCKkHKk7SfyPBmWI2S3suSfXy0Enh4WG9yFvJe4gl6aD8QJ4j4dXtE2epkt6SKpe795AMbAcbX4z-2FYygppiZCF5fEP6jdIXG-2Fapv-2BUWz9T7JD4qIYrkxUa4eMbucYW-2B46SgK3d2zhaPOmVlYq-2FZOQh61jtBxhzvy8poTaJAbfO17OxQcA4b4h8QCKE7S5cE0tcdD9KrubTf-2FOiNP8wg4cNOiTnDvSgXSD5EyH9i0NwBqQgBD6NYO7-2BJFP6Hv-2F8oq0WiP2oEAc-2BpQvZ-2FQe7a2pw-3D-3D)
Thank you,

City of Spokane
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