Spokane PD Defensive Tactics manual

Joshua Dukes filed this request with the Spokane Police Department of Spokane, WA.
Tracking #

C000900-111218

Status
Rejected

Communications

From: Joshua Dukes

To Whom It May Concern:

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

The June 2016 revision of "The Spokane Police Department Defensive Tactics Manual"

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,

Joshua Dukes

From: Spokane Police Department

Thank you for registering with the City of Spokane Public Records Center.
Your Login ID is:  requests@muckrock.com
If you did not submit your request through the public portal but are receiving this e-mail, an account has been created for you where you can track and monitor the status of your request, and receive any documents in response to your request.
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Please login to "My Request Center" to update your account information, track the status of your request and receive requested records when they become available.
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City of Spokane
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From: Spokane Police Department

Joshua Dukes
Thank you for your interest in public records of the City of Spokane.  Your request has been received and is being processed. Your request has been given the reference number C000900-111218 for tracking purposes.
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
To monitor the progress or update this request please log into the
Spokane Public Records Center. (https://u4037834.ct.sendgrid.net/wf/click?upn=L5asTq9oAWi6tKrRmhm-2FjZPPr-2B2QX-2FZU52vgspOQDej6uxymnlF1pDXa62Cz-2BgGRPtM12BgUFEUARP-2B-2BJIYKMA6RpXscblqcY8Yf0QSQJ1U-3D_g4qrWmFJ40tENFuYmgTiJVaphcI-2FI-2Fai1lkqLOu821rWfeESopvnwfzBqEIWvCo1JYGy52UA9ZCcgCWgBUFQSf2epIWusNqh7CSg41GO-2BrxQ848qtYwxD1ANH3zqNXEfKKzpKsFgvCU4MTb6loCCxCXUvMauqU2CAYTOBiIGFq0G-2FWvXYDsOG-2BNgfWRUlyBGfdWytcf3sPBvbkaEvyAwwpHW1ZZzNnGNM5YwKAUYJSQ0ZqdBgSi7NCfIEMQIo1C5)

From: Spokane Police Department

You have a new message available through the Spokane Public Records Center. This is a system-generated email notification. Please log in to the Spokane Public Records Center to view and reply to this message. Please DO NOT REPLY to this email.

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 November 12, 2018.  This request has been assigned tracking number C000900-111218.  Please use this number in any communications concerning this request.
Your request states: To Whom It May Concern:”
Pursuant to the Washington Public Records Act, I hereby request the following records:
The June 2016 revision of "The Spokane Police Department Defensive Tactics Manual"
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.

The responsive document located by Police Department staff is available for your inspection and copying by accessing your "My Request Center" account through the City's public records portal (GovQA).
Some information in the document has been determined to be exempt from disclosure and has been redacted. Included also for inspection/copying through your "My Request Center" account on the City's public records request portal is an exemption log which identifies the redacted information and the reasons for and statutes 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/. (https://u4037834.ct.sendgrid.net/wf/click?upn=L5asTq9oAWi6tKrRmhm-2FjcsUC-2FMR9pBcfdAjNpKRc5Robv0nJTAJ7Ko-2BtshGF6t6ws6tUmLt0LH2HyxP8GntznpkGd2EIOPR9bewwyHC4-2FGpHJ3lgBrlnbWNtJ5Z2Qeb_g4qrWmFJ40tENFuYmgTiJVaphcI-2FI-2Fai1lkqLOu821rWfeESopvnwfzBqEIWvCo1HUvxu66pVLpIKGKRCN94t9cL-2BekEX1CpFG66MQTC5GrNyflU5jteyhcXHjZID75gYPoUO245WKQElopQdoPGPJDLQKWCLlKjWKbRlP-2FhTDzZ6cTgW01bIOgiewVRW4aTTzS52l0uWR5tL0Z2aQHuT-2BnhWtsByjD1XpWkxg6LWezAOHj8BS8airnv81ho9OEB)
This concludes our response to your request.
Sincerely,
Terri Pfister
Spokane City Clerk

To monitor the progress or update this request please log into the Spokane Public Records Center (https://u4037834.ct.sendgrid.net/wf/click?upn=L5asTq9oAWi6tKrRmhm-2FjZPPr-2B2QX-2FZU52vgspOQDej6uxymnlF1pDXa62Cz-2BgGRPtM12BgUFEUARP-2B-2BJIYKMG82L5GqyQLDMBnswhq7dVPb181gq3r5rqC6xUQj1Gi6GVESJjRREZfms79RjuFK2g-3D-3D_g4qrWmFJ40tENFuYmgTiJVaphcI-2FI-2Fai1lkqLOu821rWfeESopvnwfzBqEIWvCo1HUvxu66pVLpIKGKRCN94tyHWJN9950dTtmDMm2iVWmzbO0wd8t3ugb0nL2oucsXLu73jsRwvdyeGYw7dEYjKieK7HVo3qvkINA7JHxzwsEQlGvHO5ifVyc50irlznIeb30t0dH2iD5JhAX7-2FoDrv1q24Y-2FR3RL9oPi1juUu-2FvDanIE5LJtxjz3qQPkzpI8OG)

From: Spokane Police Department

Dear Joshua Dukes:

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://u4037834.ct.sendgrid.net/wf/click?upn=L5asTq9oAWi6tKrRmhm-2FjZPPr-2B2QX-2FZU52vgspOQDej6uxymnlF1pDXa62Cz-2BgGRkbYyIj-2FwRDALmknVTzjlPxBcN7kwfALdfGxKRqdtIJ8WGSHpdq5bwPHsxYR5WTcUuaFuOu2EbQebTDWguVpP0p6IvBMlUPzYoUSqzh4vhVNlbkRdQirQd92ZbflRLTBz_g4qrWmFJ40tENFuYmgTiJVaphcI-2FI-2Fai1lkqLOu821rWfeESopvnwfzBqEIWvCo1LAK3d6DD-2FJD3MJmXy4rQQE4C4ltn6GooYZbh7ktrmD6coNHUAIRmgLcjc8-2FmZj8Bqv-2Fs0KzKW6F7nn1KJaAZtuwaZbfjk-2BPR-2BrhEBYtuseM0AGbJK2dFuUxBLZBeWjm8HdORjUBA7YqXeVQNqs1aflQvWLdYtYvgmuCi2HLWrSvdRc8icsjCUkKaVkXUb2l0)

We appreciate your feedback. Thank you.

From: Joshua Dukes

I prefer to use email for all communication related to C000900-111218. Please confirm that all follow up communication, including record delivery if possible, will take place over email.

From:

Mr. Dukes:

This is a follow up to My November 19, 2018, response to you (copy attached) wherein I indicate the responsive document to your November 12, 2018, public records request is available for your inspection and copying by accessing your "My Request Center" account through the City's public records portal (GovQA). I notice your request indicates your preference is to receive the document by email attachment. For your convenience, I am attaching a copy of the responsive document to this email. As indicated in my November 19 message to you, some information in the document has been determined to be exempt from disclosure and has been redacted. Included as an attachment hereto is an exemption log which identifies the redacted information and the reasons for and statutes 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/<https://static.spokanecity.org/documents/opendata/policies/2018/admin-0260-17-03.pdf>.

We consider your request concluded; however, if we may be of additional assistance, please advise.

Sincerely,

[cid:image001.jpg@01CD222E.27F6AD10]
Terri L. Pfister, MMC | City of Spokane | City Clerk
808 W. Spokane Falls Boulevard, Spokane, WA 99201-3342

From: Joshua Dukes

These exemptions clearly violate the Washington State PRA. Please provide an unredacted version compliant with RCW 42.56.030:

"This chapter shall be liberally construed and its exemptions narrowly construed to promote this public policy and to assure that the public interest will be fully protected. In the event of conflict between the provisions of this chapter and any other act, the provisions of this chapter shall govern."

From: Joshua Dukes

> 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.

I am appealing these redactions under RCW 42.56.030. The titles of sections are not *specific* information and are therefore not acceptable for redaction. Additionally, given the choice to redact information that is clearly not allowed to be redacted, I contest the redaction of all remaining information.

From: Joshua Dukes

Please confirm that you have received these messages.

From: Spokane Police Department

Mr. Dukes:

This is to acknowledge your attached appeal (pertaining to Public Records Request No. C000900-111218) received in the Spokane Police Department on December 27, 2018. Your appeal was forwarded to the City Clerk's Office, which has further forwarded your appeal to Brian McGinn in the Office of the Hearing Examiner for review. We anticipate that Mr. McGinn will render a decision for your appeal on or before January 11, 2019, which is within the 10-business day time frame allowed pursuant to Section 6.5 of the City Public Records Request policy. If a decision becomes available sooner, we will advise as such. Likewise, if additional time is required for the Hearing Examiner to provide an opinion, we will let you know.

Sincerely,

Laurie Farnsworth
Spokane Deputy City Clerk

[City Logo 2 color.jpg]
Laurie Farnsworth | City of Spokane | Deputy City Clerk

From: Spokane Police Department

Mr. Dukes:

Attached for your information and review is a copy of the Hearing Examiner's Decision on Appeal of Redaction of Public Records as it pertains to your November 6, 2018, public records request (No. C000900-11218).

Sincerely,

[cid:image001.jpg@01CD222E.27F6AD10]
Terri L. Pfister, MMC | City of Spokane | City Clerk
808 W. Spokane Falls Boulevard, Spokane, WA 99201-3342

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