Comms to/from officer Khanh Phan 2021-01-23 - 2021-01-25
| Tracking # |
T006832-012521 |
| Submitted | Jan. 25, 2021 |
MuckRock users can file, duplicate, track, and share public records requests like this one. Learn more.
Communications
From: Phil Mocek
To Whom It May Concern:
Pursuant to the Washington Public Records Act, I hereby request the following records:
All textual communications (for example: e-mail messages, SMS messages, in-car text messages) to or from officer Khanh Phan of Tacoma Police Department, on or between Saturday, January 23, 2021, and Monday, January 25, 2021. This should include those sent or received on either department-issued or personal devices.
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. I specifically request that you not direct me to your workflow management system (i.e., your "records portal") to retrieve responsive records. Please send them as requested. ****
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: Tacoma Police Department
We received your request Reference number: T006832-012521 Date received: January 25, 2021 Records Requested: To Whom It May Concern:
Pursuant to the Washington Public Records Act, I hereby request the following records:
All textual communications (for example: e-mail messages, SMS messages, in-car text messages) to or from officer Khanh Phan of Tacoma Police Department, on or between Saturday, January 23, 2021, and Monday, January 25, 2021. This should include those sent or received on either department-issued or personal devices.
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. I specifically request that you not direct me to your workflow management system (i.e., your "records portal") to retrieve responsive records. Please send them as requested. ****
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/ We make every effort to respond to requests as soon as possible. By state law, we must respond within five (5) business days. The day the request is received does not count as one of the five business days.
From: Tacoma Police Department
--- Please respond above this line ---
02/01/2021
Phil Mocek
MuckRock News DEPT MR 107308 411A Highland Ave
Somerville, MA 02144
RE: PDR # T006832-012521
Dear Phil Mocek,
The City of Tacoma and Tacoma Public Utilities has received your public records request dated 1/25/2021, in which you requested the following information:
“To Whom It May Concern:
Pursuant to the Washington Public Records Act, I hereby request the following records:
All textual communications (for example: e-mail messages, SMS messages, in-car text messages) to or from officer Khanh Phan of Tacoma Police Department, on or between Saturday, January 23, 2021, and Monday, January 25, 2021. This should include those sent or received on either department-issued or personal devices.
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. I specifically request that you not direct me to your workflow management system (i.e., your "records portal") to retrieve responsive records. Please send them as requested. ****
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/ In order to implementappropriate measures to protect our customers and staff, you may experience adelay in service. This is due to city employees working remotely from home and not havingthe ability to perform their duties due to access to physical files,co-workers, or their work site. We will continue to process your request andproduce responsive records as quickly as we can, however, we ask for your understandingthat estimated delivery dates may be longer than usual. With that said, we areattempting to locate and assemble the materials requested and to determinewhether any of the documents are exempt from disclosure and we anticipate thatwe should have responsive documents on or before February 17, 2021. If there arequestions, or delays we will contact you accordingly.
In the meantime, if you should have any questions, please feel free to contact me.
Regards,
Carly Eddington
Public Disclosure Analyst
Public Records Office
To monitor the progress or update this request please log into the Public Records Center (https://u8387795.ct.sendgrid.net/ls/click?upn=nZGH0ylxadMp5hTpNkeAFqJdz3UVSOaF5-2BwNOyx4yTTe3KKd1VYz4o-2FW0p2PAlL-2FOmUu8TgJ-2FaKFzmM3U6e4mcibTqcwzNPM2LZCS5oe892mMEfbxPjr9PRaHHAvMobPhEJa_qS4VBXMYY7q7LHB1rJEh2Ew47xyX1y5gdmpbegu6VacBYcUIuOBKuUttCgvYz2jIL87IXn0WRBWHcvBzaIjpjKYTgn2rlIhfyO9lvnZJJr2kHIVoXRXwnyMynFrLyfjX-2Bnrei8hmmeGqiUoRn-2B2IkU4fLs2xijtwvZcxlcgC6ta1skSSQd564s-2BM6O3-2BFOiNI79Nu6pdibJD1sjuzikaKuVQjxmgH3NcYOKNNgw0e6JpiANROyjB77MhlqjOMwiG-2FIUFIhBoPSdtnXl2HbBAoWSjIRFOD5ZYdoBs-2FzZEqKn2atujTZdJJbk7ZcrFRC-2BUobuo4RhEXqrcxHVMkCZrikkpmqESbbDlW0QCz-2BK-2BjjEE4SUJIR4mZUr9k2NcwsScrfR4ahau2YcaycXqJ44tyQ-3D-3D)
From: Tacoma Police Department
--- Please respond above this line ---
02/16/2021
Phil Mocek
MuckRock News DEPT MR 107308 411A Highland Ave
Somerville, MA 02144
RE: PDR # T006832-012521
Dear Phil Mocek,
The City of Tacoma and Tacoma Public Utilities has received your public records request dated 1/25/2021, in which you requested the following information:
“To Whom It May Concern:
Pursuant to the Washington Public Records Act, I hereby request the following records:
All textual communications (for example: e-mail messages, SMS messages, in-car text messages) to or from officer Khanh Phan of Tacoma Police Department, on or between Saturday, January 23, 2021, and Monday, January 25, 2021. This should include those sent or received on either department-issued or personal devices.
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. I specifically request that you not direct me to your workflow management system (i.e., your "records portal") to retrieve responsive records. Please send them as requested. ****
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/
The City and the Tacoma Police Department have made a diligent and good-faith effort to locaterecords that are responsive to the above request; however, no responsive records have been located. This request is now closed. Please contact me immediately if you believe that different or additional records should have been provided in response to your request.
Regards,
Carly Eddington
Public Disclosure Analyst
Public Records Office
From: Phil Mocek
Dear Ms. Eddignton,
I received your message of February 17, 2021. In it, you stated that no responsive records were found. It seems unlikely to me that none exist. Mr. Phan was involved in a high-profile incident in which he drove his department-issued vehicle into and over multiple people while on the job. I find it hard to believe that he engaged in no textual communications on that or the following days. Can you describe the search that was made for records responsive to my request?
In the event that the search for responsive records involved this public employee's good-faith search of his personal device, please provide a reasonably detailed affidavit attesting to the nature and extent of that search. Please be aware of the following, quoted from the ["Public Records Act Court Decisions" section][1] of the website of Municipal Research and Services Center, which shows the courts' resolution of conflict between the public's right to oversight of governmental activities and the privacy rights of pubic employees as it pertains to their personal mobile devices:
> West v. Steve Vermillion City of Puyallup, 196 Wn. App. 627 (11/8/2016) – Vermillion, a city councilmember, maintained a private computer on which he maintained some private matters along with some items that related to his position on the city council. West requested the “communications received or posted” through a personal website and associated email account run by the city councilmember. Vermillion refused to provide the documents found at his home, on his personal computer and on his personal email account, citing his rights of privacy under the state and federal constitutions. West sued and the trial court required Vermillion to provide those documents that were public. On appeal, the court affirmed, holding that it was proper to require the production of emails from a personal email account that met the definition of a public record and to require submittal of an affidavit in good faith attesting to the adequacy of the search for the requested records. The court held that the First and Fourth Amendments to the United States Constitution and article I, section 7 of the Washington Constitution do not afford an individual privacy interest in public records contained in the personal email account. In reaching its decision, the court relied on the recent case Nissen v. Pierce County, 183 Wn.2d 863 (2015), which related to records found on a private cellphone. The records, even if they are on a private device, may be subject to disclosure if the person “acts within the scope of his or her employment,” in which case the actions are tantamount to "the actions of the [body] itself." If the records "relate to the conduct of government or the performance of any governmental or proprietary function" and are "prepared, owned, used, or retained by an agency," they are potentially public records subject to disclosure. There is no constitutional privacy right to records that are public records. The possible disclosure of public records does not violate the right to association.
[1]: <http://mrsc.org/Home/Explore-Topics/Legal/Open-Government/Public-Records-Act-Court-Decisions.aspx>
Cordially,
Phil
From: Phil Mocek
Dear Ms. Eddignton,
I received your message of February 17, 2021. In it, you stated that no responsive records were found. It seems unlikely to me that none exist. Mr. Phan was involved in a high-profile incident in which he drove his department-issued vehicle into and over multiple people while on the job. I find it hard to believe that he engaged in no textual communications on that or the following days. Can you describe the search that was made for records responsive to my request?
In the event that the search for responsive records involved this public employee's good-faith search of his personal device, please provide a reasonably detailed affidavit attesting to the nature and extent of that search. Please be aware of the following, quoted from the ["Public Records Act Court Decisions" section][1] of the website of Municipal Research and Services Center, which shows the courts' resolution of conflict between the public's right to oversight of governmental activities and the privacy rights of pubic employees as it pertains to their personal mobile devices:
> West v. Steve Vermillion City of Puyallup, 196 Wn. App. 627 (11/8/2016) – Vermillion, a city councilmember, maintained a private computer on which he maintained some private matters along with some items that related to his position on the city council. West requested the “communications received or posted” through a personal website and associated email account run by the city councilmember. Vermillion refused to provide the documents found at his home, on his personal computer and on his personal email account, citing his rights of privacy under the state and federal constitutions. West sued and the trial court required Vermillion to provide those documents that were public. On appeal, the court affirmed, holding that it was proper to require the production of emails from a personal email account that met the definition of a public record and to require submittal of an affidavit in good faith attesting to the adequacy of the search for the requested records. The court held that the First and Fourth Amendments to the United States Constitution and article I, section 7 of the Washington Constitution do not afford an individual privacy interest in public records contained in the personal email account. In reaching its decision, the court relied on the recent case Nissen v. Pierce County, 183 Wn.2d 863 (2015), which related to records found on a private cellphone. The records, even if they are on a private device, may be subject to disclosure if the person “acts within the scope of his or her employment,” in which case the actions are tantamount to "the actions of the [body] itself." If the records "relate to the conduct of government or the performance of any governmental or proprietary function" and are "prepared, owned, used, or retained by an agency," they are potentially public records subject to disclosure. There is no constitutional privacy right to records that are public records. The possible disclosure of public records does not violate the right to association.
[1]: <http://mrsc.org/Home/Explore-Topics/Legal/Open-Government/Public-Records-Act-Court-Decisions.aspx>
Cordially,
Phil
From: Phil Mocek
Dear Ms. Eddington,
I have not received a response from you or from anyone to my followup on March 2, 2021, regarding my public records request of January 26, 2021. Please advise.
Cordially,
Phil Mocek
From: Tacoma Police Department
03/24/2021
Phil Mocek
MuckRock News DEPT MR 107308 411A Highland Ave
Somerville, MA 02144
RE: PDR # T006832-012521
Dear Phil Mocek,
This email is to notify you we received your emails sent on March 2, 2021 and March 16, 2021 requesting further follow up on your records request T006832-012521. This request was sent to legal for review and we wanted to advise you that further research was done and responsive records were located. I have re-opened your request in GovQA to continue processing the request until it is fulfilled; there is no need to open a new request. I will also be sending this email in GovQa where correspondence and the records will be provided.
Please note, we are continuing to review and analyze responsive records that were located for any exemptions that may apply and will be providing responsive records in a series of installments due to the size and scope of your request. Producing records in installments ensures we provide you with the fullest assistance and most timely production of records. The first installment of responsive records is now available for your review. To download the records to your request, please log in to your GovQA portal.
We anticipate the second installment of records to be available on or before April 2, 2021.
Carly Eddington, CPRO
Public Disclosure Analyst
Management Services Office
City of Tacoma
3628 S. 35th Street
Email: ceddington@cityoftacoma.org<mailto:ceddington@cityoftacoma.org>
From: requests@muckrock.com <requests@muckrock.com>
Sent: Tuesday, March 16, 2021 11:11 AM
To: Eddington, Carly <CEddington@cityoftacoma.org>
Subject: RE: Washington Public Records Act Request #T006832-012521
Tacoma Police Department
Washington Public Records Act Office
3701 South Pine Street
Tacoma, WA 98409
March 16, 2021
This is a follow up to request number T006832-012521:
Dear Ms. Eddington,
I have not received a response from you or from anyone to my followup on March 2, 2021, regarding my public records request of January 26, 2021. Please advise.
Cordially,
Phil Mocek
Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com<mailto:requests@muckrock.com>
Upload documents directly: https://www.muckrock.com/
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 107308
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 March 2, 2021:
Subject: RE: Washington Public Records Act Request #T006832-012521
Dear Ms. Eddignton,
I received your message of February 17, 2021. In it, you stated that no responsive records were found. It seems unlikely to me that none exist. Mr. Phan was involved in a high-profile incident in which he drove his department-issued vehicle into and over multiple people while on the job. I find it hard to believe that he engaged in no textual communications on that or the following days. Can you describe the search that was made for records responsive to my request?
In the event that the search for responsive records involved this public employee's good-faith search of his personal device, please provide a reasonably detailed affidavit attesting to the nature and extent of that search. Please be aware of the following, quoted from the ["Public Records Act Court Decisions" section][1] of the website of Municipal Research and Services Center, which shows the courts' resolution of conflict between the public's right to oversight of governmental activities and the privacy rights of pubic employees as it pertains to their personal mobile devices:
> West v. Steve Vermillion City of Puyallup, 196 Wn. App. 627 (11/8/2016) – Vermillion, a city councilmember, maintained a private computer on which he maintained some private matters along with some items that related to his position on the city council. West requested the “communications received or posted” through a personal website and associated email account run by the city councilmember. Vermillion refused to provide the documents found at his home, on his personal computer and on his personal email account, citing his rights of privacy under the state and federal constitutions. West sued and the trial court required Vermillion to provide those documents that were public. On appeal, the court affirmed, holding that it was proper to require the production of emails from a personal email account that met the definition of a public record and to require submittal of an affidavit in good faith attesting to the adequacy of the search for the requested records. The court held that the First and Fourth Amendments to the United States Constitution and article I, section 7 of the Washington Constitution do not afford an individual privacy interest in public records contained in the personal email account. In reaching its decision, the court relied on the recent case Nissen v. Pierce County, 183 Wn.2d 863 (2015), which related to records found on a private cellphone. The records, even if they are on a private device, may be subject to disclosure if the person “acts within the scope of his or her employment,” in which case the actions are tantamount to "the actions of the [body] itself." If the records "relate to the conduct of government or the performance of any governmental or proprietary function" and are "prepared, owned, used, or retained by an agency," they are potentially public records subject to disclosure. There is no constitutional privacy right to records that are public records. The possible disclosure of public records does not violate the right to association.
[1]: <http://mrsc.org/Home/Explore-Topics/Legal/Open-Government/Public-Records-Act-Court-Decisions.aspx>
Cordially,
Phil
---
On Feb. 25, 2021:
Subject: RE: Washington Public Records Act Request #T006832-012521
Dear Ms. Eddignton,
I received your message of February 17, 2021. In it, you stated that no responsive records were found. It seems unlikely to me that none exist. Mr. Phan was involved in a high-profile incident in which he drove his department-issued vehicle into and over multiple people while on the job. I find it hard to believe that he engaged in no textual communications on that or the following days. Can you describe the search that was made for records responsive to my request?
In the event that the search for responsive records involved this public employee's good-faith search of his personal device, please provide a reasonably detailed affidavit attesting to the nature and extent of that search. Please be aware of the following, quoted from the ["Public Records Act Court Decisions" section][1] of the website of Municipal Research and Services Center, which shows the courts' resolution of conflict between the public's right to oversight of governmental activities and the privacy rights of pubic employees as it pertains to their personal mobile devices:
> West v. Steve Vermillion City of Puyallup, 196 Wn. App. 627 (11/8/2016) – Vermillion, a city councilmember, maintained a private computer on which he maintained some private matters along with some items that related to his position on the city council. West requested the “communications received or posted” through a personal website and associated email account run by the city councilmember. Vermillion refused to provide the documents found at his home, on his personal computer and on his personal email account, citing his rights of privacy under the state and federal constitutions. West sued and the trial court required Vermillion to provide those documents that were public. On appeal, the court affirmed, holding that it was proper to require the production of emails from a personal email account that met the definition of a public record and to require submittal of an affidavit in good faith attesting to the adequacy of the search for the requested records. The court held that the First and Fourth Amendments to the United States Constitution and article I, section 7 of the Washington Constitution do not afford an individual privacy interest in public records contained in the personal email account. In reaching its decision, the court relied on the recent case Nissen v. Pierce County, 183 Wn.2d 863 (2015), which related to records found on a private cellphone. The records, even if they are on a private device, may be subject to disclosure if the person “acts within the scope of his or her employment,” in which case the actions are tantamount to "the actions of the [body] itself." If the records "relate to the conduct of government or the performance of any governmental or proprietary function" and are "prepared, owned, used, or retained by an agency," they are potentially public records subject to disclosure. There is no constitutional privacy right to records that are public records. The possible disclosure of public records does not violate the right to association.
[1]: <http://mrsc.org/Home/Explore-Topics/Legal/Open-Government/Public-Records-Act-Court-Decisions.aspx>
Cordially,
Phil
---
On Feb. 16, 2021:
Subject: [Records Center] Public Records Request :: T006832-012521
--- Please respond above this line ---
02/16/2021
Phil Mocek
MuckRock News DEPT MR 107308 411A Highland Ave
Somerville, MA 02144
RE: PDR # T006832-012521
Dear Phil Mocek,
The City of Tacoma and Tacoma Public Utilities has received your public records request dated 1/25/2021, in which you requested the following information:
“To Whom It May Concern:
Pursuant to the Washington Public Records Act, I hereby request the following records:
All textual communications (for example: e-mail messages, SMS messages, in-car text messages) to or from officer Khanh Phan of Tacoma Police Department, on or between Saturday, January 23, 2021, and Monday, January 25, 2021. This should include those sent or received on either department-issued or personal devices.
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. I specifically request that you not direct me to your workflow management system (i.e., your "records portal") to retrieve responsive records. Please send them as requested. ****
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/
The City and the Tacoma Police Department have made a diligent and good-faith effort to locaterecords that are responsive to the above request; however, no responsive records have been located. This request is now closed. Please contact me immediately if you believe that different or additional records should have been provided in response to your request.
Regards,
Carly Eddington
Public Disclosure Analyst
Public Records Office
---
On Feb. 1, 2021:
Subject: [Records Center] Public Records Request :: T006832-012521
--- Please respond above this line ---
02/01/2021
Phil Mocek
MuckRock News DEPT MR 107308 411A Highland Ave
Somerville, MA 02144
RE: PDR # T006832-012521
Dear Phil Mocek,
The City of Tacoma and Tacoma Public Utilities has received your public records request dated 1/25/2021, in which you requested the following information:
“To Whom It May Concern:
Pursuant to the Washington Public Records Act, I hereby request the following records:
All textual communications (for example: e-mail messages, SMS messages, in-car text messages) to or from officer Khanh Phan of Tacoma Police Department, on or between Saturday, January 23, 2021, and Monday, January 25, 2021. This should include those sent or received on either department-issued or personal devices.
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. I specifically request that you not direct me to your workflow management system (i.e., your "records portal") to retrieve responsive records. Please send them as requested. ****
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/ In order to implementappropriate measures to protect our customers and staff, you may experience adelay in service. This is due to city employees working remotely from home and not havingthe ability to perform their duties due to access to physical files,co-workers, or their work site. We will continue to process your request andproduce responsive records as quickly as we can, however, we ask for your understandingthat estimated delivery dates may be longer than usual. With that said, we areattempting to locate and assemble the materials requested and to determinewhether any of the documents are exempt from disclosure and we anticipate thatwe should have responsive documents on or before February 17, 2021. If there arequestions, or delays we will contact you accordingly.
In the meantime, if you should have any questions, please feel free to contact me.
Regards,
Carly Eddington
Public Disclosure Analyst
Public Records Office
To monitor the progress or update this request please log into the Public Records Center (https://u8387795.ct.sendgrid.net/ls/click?upn=nZGH0ylxadMp5hTpNkeAFqJdz3UVSOaF5-2BwNOyx4yTTe3KKd1VYz4o-2FW0p2PAlL-2FOmUu8TgJ-2FaKFzmM3U6e4mcibTqcwzNPM2LZCS5oe892mMEfbxPjr9PRaHHAvMobPhEJa_qS4VBXMYY7q7LHB1rJEh2Ew47xyX1y5gdmpbegu6VacBYcUIuOBKuUttCgvYz2jIL87IXn0WRBWHcvBzaIjpjKYTgn2rlIhfyO9lvnZJJr2kHIVoXRXwnyMynFrLyfjX-2Bnrei8hmmeGqiUoRn-2B2IkU4fLs2xijtwvZcxlcgC6ta1skSSQd564s-2BM6O3-2BFOiNI79Nu6pdibJD1sjuzikaKuVQjxmgH3NcYOKNNgw0e6JpiANROyjB77MhlqjOMwiG-2FIUFIhBoPSdtnXl2HbBAoWSjIRFOD5ZYdoBs-2FzZEqKn2atujTZdJJbk7ZcrFRC-2BUobuo4RhEXqrcxHVMkCZrikkpmqESbbDlW0QCz-2BK-2BjjEE4SUJIR4mZUr9k2NcwsScrfR4ahau2YcaycXqJ44tyQ-3D-3D)
---
On Jan. 26, 2021:
Subject: Public Records Request :: T006832-012521
We received your request Reference number: T006832-012521 Date received: January 25, 2021 Records Requested: To Whom It May Concern:
Pursuant to the Washington Public Records Act, I hereby request the following records:
All textual communications (for example: e-mail messages, SMS messages, in-car text messages) to or from officer Khanh Phan of Tacoma Police Department, on or between Saturday, January 23, 2021, and Monday, January 25, 2021. This should include those sent or received on either department-issued or personal devices.
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. I specifically request that you not direct me to your workflow management system (i.e., your "records portal") to retrieve responsive records. Please send them as requested. ****
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/ We make every effort to respond to requests as soon as possible. By state law, we must respond within five (5) business days. The day the request is received does not count as one of the five business days.
---
On Jan. 25, 2021:
Subject: Washington Public Records Act Request: Comms to/from officer Khanh Phan 2021-01-23 - 2021-01-25
To Whom It May Concern:
Pursuant to the Washington Public Records Act, I hereby request the following records:
All textual communications (for example: e-mail messages, SMS messages, in-car text messages) to or from officer Khanh Phan of Tacoma Police Department, on or between Saturday, January 23, 2021, and Monday, January 25, 2021. This should include those sent or received on either department-issued or personal devices.
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. I specifically request that you not direct me to your workflow management system (i.e., your "records portal") to retrieve responsive records. Please send them as requested. ****
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/
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 107308
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.
[http://email.requests.muckrock.com/o/eJwNzE0OwiAQQOHTyJLM8NeyYKExvYaBASqpLZHShbeX9fvyotPasLT78nmV6FBIYydgbwckJWSkKcxShZQtheBTjEppkTVqVpwAgSDR4IwIliN_2OU5wYJazncjpLgpaOl7pbOffL9oa5U2TnVnzdFYlWPt9RiISv_V3P1Inte2_gFBiCz4]
From: Tacoma Police Department
--- Please respond above this line ---
03/24/2021
Phil Mocek
MuckRock News DEPT MR 107308 411A Highland Ave
Somerville, MA 02144
RE: PDR # T006832-012521
Dear Phil Mocek,
This email is to notify you we received your emails sent on March 2, 2021 and March 16, 2021 requesting further follow up on your records request T006832-012521. This request was sent to legal for review and we wanted to advise you that further research was done and responsive records were located. I have re-opened your request in GovQA to continue processing the request until it is fulfilled; there is no need to open a new request. I will also be sending this email in GovQa where correspondence and the records will be provided.
Please note, we are continuing to review and analyze responsive records that were located for any exemptions that may apply and will be providing responsive records in a series of installments due to the size and scope of your request. Producing records in installments ensures we provide you with the fullest assistance and most timely production of records. The first installment of responsive records is now available for your review. To download the records to your request, click here: Public Records Center. (https://u8387795.ct.sendgrid.net/ls/click?upn=nZGH0ylxadMp5hTpNkeAFqJdz3UVSOaF5-2BwNOyx4yTTe3KKd1VYz4o-2FW0p2PAlL-2Fc1CAjtCZrEvFMcSy4xAyECxoSKkTpVGil0FYYdW-2FxHs-3DRNRO_qS4VBXMYY7q7LHB1rJEh2Ew47xyX1y5gdmpbegu6VacBYcUIuOBKuUttCgvYz2jIL87IXn0WRBWHcvBzaIjpjCozvc-2FV2A5aCBoWGVZo6O63eKkWSedTODYEu3xEVlsmXcXQaihZgUj2toUIpoU5ELxxUGfFpBxGyXp36Gd26uAVVtgV79qjdwx-2FDKQdisODQ445LARla-2BPRUryg9lRNcV7AmceaDwsUPC-2FVOMtzwMz12hbyDoS9-2BzMANeeM1tqVDlRQ7nZIdP6IsmZmbq-2Fott09o7-2BLPRWadKf965TFmvhDo1zbT83eiItJK1yp0peyIRM8ATKSvOo-2BDMIU70FVx3ladl1PYaH2m8s-2Fka-2BW8KPsvFQsEPP9m19mE0hyu-2F31Qy2qbh2QocWbVZjionbWNw-3D-3D)
We anticipate the second installment of records to be available on or before April 2, 2021.
Regards,
Carly Eddington
Public Disclosure Analyst
Public Records Office
To monitor the progress or update this request please log into the Public Records Center (https://u8387795.ct.sendgrid.net/ls/click?upn=nZGH0ylxadMp5hTpNkeAFqJdz3UVSOaF5-2BwNOyx4yTTe3KKd1VYz4o-2FW0p2PAlL-2FOmUu8TgJ-2FaKFzmM3U6e4mcibTqcwzNPM2LZCS5oe892mMEfbxPjr9PRaHHAvMobPY3SX_qS4VBXMYY7q7LHB1rJEh2Ew47xyX1y5gdmpbegu6VacBYcUIuOBKuUttCgvYz2jIL87IXn0WRBWHcvBzaIjpjCozvc-2FV2A5aCBoWGVZo6O63eKkWSedTODYEu3xEVlsmXcXQaihZgUj2toUIpoU5ELxxUGfFpBxGyXp36Gd26uAVVtgV79qjdwx-2FDKQdisODQ445LARla-2BPRUryg9lRNcV7AmceaDwsUPC-2FVOMtzwMzklTBRhPK477Z5FLsOLjXFwDSg-2FYtlgoNOU1GYNhcjx3j-2Bpvt18yTbYAtqlKpnlPSNonMeaQoxW5CqdhxRAROm0Kdq-2BGrHmhG8hkPuf62PbBBLNZlODDKAfEm5Gdxbp-2BO2D4-2BPG-2FAIa40IU7DwlQeWXTJMNLSUmbyfX-2BK22-2FNAoQ-3D-3D)
From: Phil Mocek
Dear Ms. Eddington,
I received your communication of March 24, 2020, regarding my records request of January 26. In it, you stated that your agency "are continuing to review and analyze responsive records that were located," and that the size and scope of my request is of such great magnitude that responsive records will be provided in installments.
This directly contradicts information from you on February 17, 2021, when you stated that no responsive records were found and that you had closed my request. You have reported no change in your interpretation of my request or in your search method(s), and you provided no explanation for the apparently-dramatic change in the volume of responsive records.
Approximately how many records responsive to this request are you currently reviewing and analyzing? How many more do you expect to review and analyze?
What changed between February 17, when you said you found no records and thus closed my request, and March 24, when said that the size and scope of my request (again: textual communications by a single employee over a three-day period--during two of which the employee was reported by your agency to have been on administrative leave) is such that responsive records must be provided in installments?
Cordially,
Phil Mocek
From: Tacoma Police Department
Hello Phil Mocek,
You have responded to an unresponsive email.
Please be advised that if you wish to submit a public records request, update an existing request, or check the status of an already submitted request, you should visit the Public Records Center.
Thank you
This is an auto-generated email and has originated from an unmonitored email account. Please DO NOT REPLY.
From: Phil Mocek
Dear Ms. Eddington,
I received your communication of March 24, 2020, regarding my records request of January 26. In it, you stated that your agency "are continuing to review and analyze responsive records that were located," and that the size and scope of my request is of such great magnitude that responsive records will be provided in installments.
This directly contradicts information from you on February 17, 2021, when you stated that no responsive records were found and that you had closed my request. You have reported no change in your interpretation of my request or in your search method(s), and you provided no explanation for the apparently-dramatic change in the volume of responsive records.
Approximately how many records responsive to this request are you currently reviewing and analyzing? How many more do you expect to review and analyze?
What changed between February 17, when you said you found no records and thus closed my request, and March 24, when said that the size and scope of my request (again: textual communications by a single employee over a three-day period--during two of which the employee was reported by your agency to have been on administrative leave) is such that responsive records must be provided in installments?
Also, despite my request for such via email to you on March 2, 2020, and my followup promt on March 16, you did not describe the search that was made for records responsive to my request. Would you please do so?
Cordially,
Phil Mocek
From: Tacoma Police Department
--- Please respond above this line ---
04/02/2021
Phil Mocek
MuckRock News DEPT MR 107308 411A Highland Ave
Somerville, MA 02144
RE: PDR # T006832-012521
Dear Phil Mocek,
The City of Tacoma and Tacoma Public Utilities has received your public records request dated 1/25/2021, in which you requested the following information:
“To Whom It May Concern:
Pursuant to the Washington Public Records Act, I hereby request the following records:
All textual communications (for example: e-mail messages, SMS messages, in-car text messages) to or from officer Khanh Phan of Tacoma Police Department, on or between Saturday, January 23, 2021, and Monday, January 25, 2021. This should include those sent or received on either department-issued or personal devices.
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. I specifically request that you not direct me to your workflow management system (i.e., your "records portal") to retrieve responsive records. Please send them as requested. ****
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/
Dear Mr. Mocek,
I apologize for any confusion from my various communications to you. Your request for “all textual communications (for example: e-mail messages, SMS messages, in-car text messages) to or from officer Khanh Phan of Tacoma Police Department, on or between Saturday, January 23, 2021, and Monday, January 25, 2021. This should include those sent or received on either department-issued or personal devices” was received by the Public Records Office and sent to the Tacoma Police Department (TPD) to conduct the search for responsive records. TPD searched the officer’s sent, received and deleted email for that time period and searched his City issued cell phone for texts and found no responsive records. The officer was also requested to search his personal cell phone for work related communications during that time period and there were none, which was confirmed by the affidavit of the officer which has been provided to you in Installment 1. TPD does not maintain in-car text messages, those are retained by South Sound 911, which I have provided the link for you below. This search was the basis of my February 17, 2021 email to you that no responsive records were found.
http://www.southsound911.org/
Your email of March 2, 2021 included your opinion that it was unlikely that no records exist and requested a description of the search that was conducted. I followed up with TPD and it was learned that since the original search of the officer’s accounts revealed no records that it was assumed that nothing was sent to him during that time period and that the request was satisfied and no other accounts were searched. TPD is now in the process of conducting a department wide search for responsive records. This updated search has located additional records as I referenced in my March 24, 2021 email to you. We are working on processing the located records and, as I noted, my intent is to provide installments as they are ready. The reason for installments is not necessarily because of excessive volume but in order to get them to you as soon as is possible.
The second installment of responsive records to your request have been compiled. To download the records to your request, click here: Public Records Center.
We anticipate the third installment of records to be available on or before April 23, 2021.
In the meantime, if you should have any questions, please feel free to contact me.
Regards,
Carly Eddington
Public Disclosure Analyst
Public Records Office
-
Emails_Part_1
From: Phil Mocek
Dear Ms. Eddington,
Thank you for the clarification.
Would you please e-mail the responsive records, as requested when I placed my request, or alternatively put them on CDROM and mail them, as I specified also in the request as an alternative to e-mail?
As a reminder, I wrote, "I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not. I specifically request that you not direct me to your workflow management system (i.e., your "records portal") to retrieve responsive records. Please send them as requested." You have quoted this request back to me repeatedly.
Cordially,
Phil
From: Tacoma Police Department
04/06/2021
Phil Mocek
MuckRock News DEPT MR 107308 411A Highland Ave
Somerville, MA 02144
RE: PDR # T006832-012521
Dear Phil Mocek,
To ensure you received our latest correspondence, the following email was sent to you on April 2, 2021 through GovQA:
Dear Mr. Mocek,
I apologize for any confusion from my various communications to you. Your request for “all textual communications (for example: e-mail messages, SMS messages, in-car text messages) to or from officer Khanh Phan of Tacoma Police Department, on or between Saturday, January 23, 2021, and Monday, January 25, 2021. This should include those sent or received on either department-issued or personal devices” was received by the Public Records Office and sent to the Tacoma Police Department (TPD) to conduct the search for responsive records. TPD searched the officer’s sent, received and deleted email for that time period and searched his City issued cell phone for texts and found no responsive records. The officer was also requested to search his personal cell phone for work related communications during that time period and there were none, which was confirmed by the affidavit of the officer which has been provided to you in Installment 1. TPD does not maintain in-car text messages, those are retained by South Sound 911, which I have provided the link for you below. This search was the basis of my February 17, 2021 email to you that no responsive records were found.
Your email of March 2, 2021 included your opinion that it was unlikely that no records exist and requested a description of the search that was conducted. I followed up with TPD and it was learned that since the original search of the officer’s accounts revealed no records that it was assumed that nothing was sent to him during that time period and that the request was satisfied and no other accounts were searched. TPD is now in the process of conducting a department wide search for responsive records. This updated search has located additional records as I referenced in my March 24, 2021 email to you. We are working on processing the located records and, as I noted, my intent is to provide installments as they are ready. The reason for installments is not necessarily because of excessive volume but in order to get them to you as soon as is possible.
The second installment of responsive records to your request have been compiled. To download the records to your request, click here: Public Records Center.
We anticipate the third installment of records to be available on or before April 23, 2021.
In the meantime, if you should have any questions, please feel free to contact me.
Per your clarification and specifications on your request, I have attached the records that were provided in Installment 1 and 2 to this email as attachments. As stated in the letter, we anticipate the third installment to be available on or before April 23, 2021. I will also be attaching that installment to an email as well for you convenience.
In the meantime, please let me know if you have further questions or technical difficulties.
Thank you,
Carly Eddington, CPRO
Public Disclosure Analyst
Management Services Office
City of Tacoma
3628 S. 35th Street
Email: ceddington@cityoftacoma.org<mailto:ceddington@cityoftacoma.org>
From: Tacoma Police Department
04/23/2021
Phil Mocek
MuckRock News DEPT MR 107308 411A Highland Ave
Somerville, MA 02144
RE: PDR # T006832-012521
Dear Phil Mocek,
The City of Tacoma and Tacoma Public Utilities has received your public records request dated 1/25/2021, in which you requested the following information:
“To Whom It May Concern:
Pursuant to the Washington Public Records Act, I hereby request the following records:
All textual communications (for example: e-mail messages, SMS messages, in-car text messages) to or from officer Khanh Phan of Tacoma Police Department, on or between Saturday, January 23, 2021, and Monday, January 25, 2021. This should include those sent or received on either department-issued or personal devices.
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. I specifically request that you not direct me to your workflow management system (i.e., your "records portal") to retrieve responsive records. Please send them as requested. ****
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/
This correspondence is to update you on the status of your request in which the Tacoma Police Department is still actively in the process of conducting a department wide search for responsive records and reviewing additional records for Installment 3 for any exemptions that may apply.
We anticipate having the third installment of responsive records available to you on or before May 12, 2021.
In the meantime, if you have any questions or concerns, please do not hesitate to contact me.
Regards,
Carly Eddington
Public Disclosure Analyst
Public Records Office
From: Tacoma Police Department
--- Please respond above this line ---
04/23/2021 Phil Mocek MuckRock News DEPT MR 107308 411A Highland Ave Somerville, MA 02144 RE: PDR # T006832-012521 Dear Phil Mocek, The City of Tacoma and Tacoma Public Utilities has received your public records request dated 1/25/2021, in which you requested the following information: “To Whom It May Concern:
Pursuant to the Washington Public Records Act, I hereby request the following records:
All textual communications (for example: e-mail messages, SMS messages, in-car text messages) to or from officer Khanh Phan of Tacoma Police Department, on or between Saturday, January 23, 2021, and Monday, January 25, 2021. This should include those sent or received on either department-issued or personal devices.
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. I specifically request that you not direct me to your workflow management system (i.e., your "records portal") to retrieve responsive records. Please send them as requested. ****
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/ This correspondence is to update you on the status of your request in which the Tacoma Police Department is still actively in the process of conducting a department wide search for responsive records and reviewing additional records for Installment 3 for any exemptions that may apply.
We anticipate having the third installment of responsive records available to you on or before May 12, 2021.
In the meantime, if you have any questions or concerns, please do not hesitate to contact me.
Regards,
Carly Eddington
Public Disclosure Analyst
Public Records Office
To monitor the progress or update this request please log into the Public Records Center (https://u8387795.ct.sendgrid.net/ls/click?upn=nZGH0ylxadMp5hTpNkeAFqJdz3UVSOaF5-2BwNOyx4yTTe3KKd1VYz4o-2FW0p2PAlL-2FOmUu8TgJ-2FaKFzmM3U6e4mcibTqcwzNPM2LZCS5oe892mMEfbxPjr9PRaHHAvMobP46pj_qS4VBXMYY7q7LHB1rJEh2Ew47xyX1y5gdmpbegu6VacBYcUIuOBKuUttCgvYz2jIL87IXn0WRBWHcvBzaIjpjG-2BUxLfAhZ7S17WxlrT2oS0q6ShUMTF9Gx5wljVJ-2BAXTdkgyNqfO-2Bw4-2BOeotP21NV0buSUgMk0ehciV7IKldZnfLlWK0THHJYj-2FS37IAaA5ZWtb5EYCjJWowa4RuBjHuyIeCFLUcY7UMgehwFzSGbJNse7maGXkZ5-2FyrtGiPN5Q5oekB8SE3QeXKbU5adiAMCYUujqwqN0Ut7O6Cve-2FtYwEdRNJ8Rjr2M-2BQcukvgQjOshL3-2FZxqPZjtFLM4w4Gb62Cp9CMwBhn0DocUxOGhZJTyi5rQ-2Fr2WCpqm3VzaBQPksKE1TByT-2B-2B4m2GUBUD2YsRA-3D-3D)
From: Tacoma Police Department
--- Please respond above this line ---
04/29/2021
Phil Mocek
MuckRock News DEPT MR 107308 411A Highland Ave
Somerville, MA 02144
RE: PDR # T006832-012521
Dear Phil Mocek,
This correspondence is to update you on the status of your request.
The City is required by State law to timely comply with all requests for public records, but has the option to provide prior notice of release to a person named in the records or to whom the records pertain pursuant to RCW 42.56.540.
RCW 42.56.540 states:
The examination of any specific public record may be enjoined if, upon motion and affidavit by upon motion and affidavit by an agency or its representative or a person who is named in the record or to whom the record specifically pertains, the superior court for the county in which the movant resides or in which the record is maintained, finds that such examination would clearly not be in the public interest and would substantially and irreparably damage any person, or would substantially and irreparably damage vital governmental functions. An agency has the option of notifying persons named in the record or to whom a record specifically pertains, that release of a record has been requested.
Consequently, the City is providing this notification to the Pierce County Sheriff’s Department to provide reasonable opportunity to review the records and determine whether they wish to seek a court order prohibiting or restricting disclosure.
You can expect further response from the City on or before May 14, 2021.
In the meantime, if you have any questions or concerns, please do not hesitate to contact me.
Regards,
Carly Eddington
Public Disclosure Analyst
Public Records Office
To monitor the progress or update this request please log into the Public Records Center (https://u8387795.ct.sendgrid.net/ls/click?upn=nZGH0ylxadMp5hTpNkeAFqJdz3UVSOaF5-2BwNOyx4yTTe3KKd1VYz4o-2FW0p2PAlL-2FOmUu8TgJ-2FaKFzmM3U6e4mcibTqcwzNPM2LZCS5oe892mMEfbxPjr9PRaHHAvMobPnLQU_qS4VBXMYY7q7LHB1rJEh2Ew47xyX1y5gdmpbegu6VacBYcUIuOBKuUttCgvYz2jIL87IXn0WRBWHcvBzaIjpjFDagzc2LIvEUjW1LkyZxTbMxybs5rrv22SWqdohqJPkWjQTnTXmWoFcTbr0PfJZ0vaoN1wtXFP0UbTL-2FxT4sy3qW04k0FEhz4Ir2DoTbYdS0GG3rwI9scSnVN6hTaPkzX4aKlEJVZO6D3reuqQy9Dq6NTmqSMiKO-2FRkJnAILzWb8p703MHazuPTzhXKYL9A0mv3MSRZFsSYARb0dlgWcSV-2B2H3RQkvFE3ne30isCRwX-2FHOIQX5qJW1lI9J7IxdCYUIwLWjHLlXp3k7cZPJWK-2BXvT4Xw-2BVlWhU50nq2jxRSm)
From: Tacoma Police Department
04/29/2021
Phil Mocek
MuckRock News DEPT MR 107308 411A Highland Ave
Somerville, MA 02144
RE: PDR # T006832-012521
Dear Phil Mocek,
This correspondence is to update you on the status of your request.
The City is required by State law to timely comply with all requests for public records, but has the option to provide prior notice of release to a person named in the records or to whom the records pertain pursuant to RCW 42.56.540.
RCW 42.56.540 states:
The examination of any specific public record may be enjoined if, upon motion and affidavit by upon motion and affidavit by an agency or its representative or a person who is named in the record or to whom the record specifically pertains, the superior court for the county in which the movant resides or in which the record is maintained, finds that such examination would clearly not be in the public interest and would substantially and irreparably damage any person, or would substantially and irreparably damage vital governmental functions. An agency has the option of notifying persons named in the record or to whom a record specifically pertains, that release of a record has been requested.
Consequently, the City is providing this notification to the Pierce County Sheriff’s Department to provide reasonable opportunity to review the records and determine whether they wish to seek a court order prohibiting or restricting disclosure.
You can expect further response from the City on or before May 14, 2021.
In the meantime, if you have any questions or concerns, please do not hesitate to contact me.
Regards,
Carly Eddington
Public Disclosure Analyst
Public Records Office
From: Tacoma Police Department
Dear Mr. Mocek:
I am reaching out to you regarding your recent Public Records request to Tacoma Police Department, Reference Number T006832-012521. As you know, Carly Eddington, CPRO/Public Disclosure Analyst, with the City of Tacoma sent a Third-Party Notice to our office and copied you on same.
We would like to discuss the request with you. Please let me know if we can correspond with you via this email address through MuckRock or please let me know when you have availability for a telephone call regarding your request. If you are uncomfortable providing your telephone number you may contact us from a restricted number and I would ask that you provide me with a time for the call so that I can clear our calendar to accommodate you.
I look forward to hearing from you.
Very Respectfully,
Candice Mauracher
Public Records Officer, Legal Assistant IV
253-798-4800
Pierce County Sheriff's Department
SHRpublicrecords@piercecountywa.gov<mailto:SHRpublicrecords@piercecountywa.gov>
NOTICE OF PUBLIC DISCLOSURE: This email account is public domain. Any correspondence from or to this email account may be a public record. Accordingly, this email, in whole or in part, may be subject to disclosure pursuant to RCW 42.56, regardless of any claim of confidentiality or privilege asserted by an external party.
From: Phil Mocek
Dear Ms. Eddington,
FYI, I received on May 4, 2021, contact from Candice Mauracher at Pierce County Sheriff's Department regarding the request for public records I placed with your office on January 26, 2021. Ms Mauracher stated only that she wished to discuss the request with me, providing no indication of what information she might desire from me. I do not believe that I have any related business with this third party. My request to you is, itself, public record, so I expect that any and all information about my request is available to Pierce County Sheriff's Department.
I look forward to further contact from your office regarding this matter on or before May 14, 2021, as you offered in your email to me of April 29, 2021. I expect you to provide responsive records as the law requires, potentially in a redacted form, as the law may in this case allow. If any third party attempts to prevent you from providing public access to public records to which you have access, I expect you to defend the opportunity for the public to access those records as is our right under the law.
Please note that I am not requesting access to records outside of the scope of the law.
Cordially,
Phil Mocek
From: Tacoma Police Department
05/14/2021
Phil Mocek
MuckRock News DEPT MR 107308 411A Highland Ave
Somerville, MA 02144
RE: PDR # T006832-012521
Dear Phil Mocek,
This correspondence is to update you on the status of your request. On 04/29/2021, we notified you that we provided Third Party Notice to Pierce County Sheriff's Department pursuant to RCW 42.56.240 and that records would be released on or before 05/14/2021.
At this time, pursuant to RCW 42.56.520, the City of Tacoma and Tacoma Police Department is providing you with notice that it needs additional time to provide the next installment of responsive records to your request. The additional time is necessary to allow for the third party to consider their options.
The City of Tacoma and Tacoma Police Department estimates that we will be able to respond to your request on or before June 2, 2021.
In the meantime, if you should have any questions, please feel free to contact me.
Regards,
Carly Eddington
Public Disclosure Analyst
Public Records Office
From: Tacoma Police Department
--- Please respond above this line ---
05/14/2021
Phil Mocek
MuckRock News DEPT MR 107308 411A Highland Ave
Somerville, MA 02144
RE: PDR # T006832-012521
Dear Phil Mocek,
This correspondence is to update you on the status of your request. On 04/29/2021, we notified you that we provided Third Party Notice to Pierce County Sheriff’s Department pursuant to RCW 42.56.240 and that records would be released on or before 05/14/2021.
At this time, pursuant to RCW 42.56.520, the City of Tacoma and Tacoma Police Department is providing you with notice that it needs additional time to provide the next installment of responsive records to your request. The additional time is necessary to allow for the third party to consider their options.
The City of Tacoma and Tacoma Police Department estimates that we will be able to respond to your request on or before June 2, 2021.
In the meantime, if you should have any questions, please feel free to contact me.
Regards,
Carly Eddington
Public Disclosure Analyst
Public Records Office
From: Tacoma Police Department
--- Please respond above this line ---
06/02/2021
Phil Mocek
MuckRock News DEPT MR 107308 411A Highland Ave
Somerville, MA 02144
RE: PDR # T006832-012521
Dear Phil Mocek,
The City of Tacoma and Tacoma Public Utilities has received your public records request dated 1/25/2021, in which you requested the following information:
“To Whom It May Concern:
Pursuant to the Washington Public Records Act, I hereby request the following records:
All textual communications (for example: e-mail messages, SMS messages, in-car text messages) to or from officer Khanh Phan of Tacoma Police Department, on or between Saturday, January 23, 2021, and Monday, January 25, 2021. This should include those sent or received on either department-issued or personal devices.
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. I specifically request that you not direct me to your workflow management system (i.e., your "records portal") to retrieve responsive records. Please send them as requested. ****
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/
The Tacoma Police Department has completed the department wide search for additional responsive records. The third and final installment of responsive records to your request have been compiled. To download the records to your request, click here: Public Records Center.
This request is now closed. Please contact me with any questions or concerns.
Regards,
Carly Eddington
Public Disclosure Analyst
Public Records Office
-
Installment_3
From: Tacoma Police Department
06/02/2021
Phil Mocek
MuckRock News DEPT MR 107308 411A Highland Ave
Somerville, MA 02144
RE: PDR # T006832-012521
Dear Phil Mocek,
The City of Tacoma and Tacoma Public Utilities has received your public records request dated 1/25/2021, in which you requested the following information:
“To Whom It May Concern:
Pursuant to the Washington Public Records Act, I hereby request the following records:
All textual communications (for example: e-mail messages, SMS messages, in-car text messages) to or from officer Khanh Phan of Tacoma Police Department, on or between Saturday, January 23, 2021, and Monday, January 25, 2021. This should include those sent or received on either department-issued or personal devices.
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. I specifically request that you not direct me to your workflow management system (i.e., your "records portal") to retrieve responsive records. Please send them as requested. ****
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/
The Tacoma Police Department has completed the department wide search for additional responsive records. The third and final installment of responsive records to your request have been compiled and attached to this email.
This request is now closed. Please contact me with any questions or concerns.
Regards,
Carly Eddington
Public Disclosure Analyst
Public Records Office
-
Installment 3
From: Phil Mocek
Dear Sir or Madam:
I appeal.
In the third and final installment of records you provided in response to my request, you redacted the names, identification numbers, unit numbers, work phone number and (non-personal) mobile phone number of approximately 17 employees of the Pierce County Sheriff's Department. As justification for most of those redactions, you cited RCW 42.56.240(1), which states in its entirety, "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;").
Public employees' names, identification numbers, unit numbers, and work phone numbers, are neither specific intelligence information nor specific investigative records.
Cordially,
Phil Mocek
From: Phil Mocek
Dear Sir or Madam:
Please provide an update on the status of my appeal, sent June 3, 2021, of your response to my public records request of January 26, 2021 (your identifier: T006832-012521).
Cordially,
Phil Mocek
From: Tacoma Police Department
--- Please respond above this line ---
07/15/2021
Phil Mocek
MuckRock News DEPT MR 107308 411A Highland Ave
Somerville, MA 02144
RE: PDR # T006832-012521
Dear Phil Mocek,
This correspondence is in response to your question on 07/15/2021 regarding the status of an appeal you stated you sent in on 06/03/2021. To date, no appeal has been received for your request T006832-012521. In order to help search and locate the appeal if it was sent to a separate office, please confirm the address and/or email address where you sent the appeal. There is no correspondence with an appeal in GovQA where you sent your most recent correspondence, nor in my email outside of the GovQA system where you have stated you prefer correspondence and records to be sent to you.
This letter is being sent to you in both GovQA and outside to the email address you prefer records sent to.
Please let me know if you have further questions or how I can be of assistance in obtaining the appeal you stated you have submitted.
Regards,
Carly Eddington
Public Disclosure Analyst
Public Records Office
From: Tacoma Police Department
07/15/2021
Phil Mocek
MuckRock News DEPT MR 107308 411A Highland Ave
Somerville, MA 02144
RE: PDR # T006832-012521
Dear Phil Mocek,
This correspondence is in response to your question on 07/15/2021 regarding the status of an appeal you stated you sent in on 06/03/2021. To date, no appeal has been received for your request T006832-012521. In order to help search and locate the appeal if it was sent to a separate office, please confirm the address and/or email address where you sent the appeal. There is no correspondence with an appeal in GovQA where you sent your most recent correspondence, nor in my email outside of the GovQA system where you have stated you prefer correspondence and records to be sent to you.
This letter is being sent to you in both GovQA and outside to the email address you prefer records sent to.
Please let me know if you have further questions or how I can be of assistance in obtaining the appeal you stated you have submitted.
Regards,
Carly Eddington
Public Disclosure Analyst
Public Records Office
From: Tacoma Police Department
07/15/2021
Phil Mocek
MuckRock News DEPT MR 107308 411A Highland Ave
Somerville, MA 02144
RE: PDR # T006832-012521
Dear Phil Mocek,
Please re-send your appeal. You can reply to this email or upload the attachment file into our GovQA system and I will confirm if/when it is received.
Regards,
Carly Eddington
Public Disclosure Analyst
Public Records Office
From: Tacoma Police Department
--- Please respond above this line ---
07/15/2021
Phil Mocek
MuckRock News DEPT MR 107308 411A Highland Ave
Somerville, MA 02144
RE: PDR # T006832-012521
Dear Phil Mocek,
Please re-send your appeal. You can reply to this email or upload the attachment file into our GovQA system and I will confirm if/when it is received.
Regards,
Carly Eddington
Public Disclosure Analyst
Public Records Office
From: Phil Mocek
Dear Sir or Madam:
I appeal.
In the third and final installment of records you provided in response to my request, you redacted the names, identification numbers, unit numbers, work phone number and (non-personal) mobile phone number of approximately 17 employees of the Pierce County Sheriff's Department. As justification for most of those redactions, you cited RCW 42.56.240(1), which states in its entirety, "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;").
Public employees' names, identification numbers, unit numbers, and work phone numbers, are neither specific intelligence information nor specific investigative records.
Cordially,
Phil Mocek
From: Tacoma Police Department
--- Please respond above this line ---
07/19/2021
Phil Mocek
MuckRock News DEPT MR 107308 411A Highland Ave
Somerville, MA 02144
RE: PDR # T006832-012521
Dear Phil Mocek,
This correspondence is confirmation that we have received your Appeal sent through the GovQA portal on 07/19/2021 for Public Records Request T006832-012521.
Your appeal states:
“Dear Sir or Madam: I appeal. In the third and final installment of records you provided in response to my request, you redacted the names, identification numbers, unit numbers, work phone number and (non-personal) mobile phone number of approximately 17 employees of the Pierce County Sheriff's Department. As justification for most of those redactions, you cited RCW 42.56.240(1), which states in its entirety, "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;"). Public employees' names, identification numbers, unit numbers, and work phone numbers, are neither specific intelligence information nor specific investigative records. Cordially, Phil Mocek Upload documents directly: https://https://www.muckrock.comhttps://www.muckrock.com/
Your appeal has been forwarded to the City of Tacoma City, Clerk’s Office and the legal department for processing. The City Clerk and Legal Office will be handling your request and respond to you directly.
Please let me know if you have any further questions.
Regards,
Carly Eddington
Public Disclosure Analyst
Public Records Office
From: Tacoma Police Department
07/19/2021
Phil Mocek
MuckRock News DEPT MR 107308 411A Highland Ave
Somerville, MA 02144
RE: PDR # T006832-012521
Dear Phil Mocek,
This correspondence is confirmation that we have received your Appeal sent through the GovQA portal on 07/19/2021 for Public Records Request T006832-012521.
Your appeal states:
“Dear Sir or Madam: I appeal. In the third and final installment of records you provided in response to my request, you redacted the names, identification numbers, unit numbers, work phone number and (non-personal) mobile phone number of approximately 17 employees of the Pierce County Sheriff's Department. As justification for most of those redactions, you cited RCW 42.56.240(1), which states in its entirety, "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;"). Public employees' names, identification numbers, unit numbers, and work phone numbers, are neither specific intelligence information nor specific investigative records. Cordially, Phil Mocek Upload documents directly: https://https://www.muckrock.comhttps://www.muckrock.com/
Your appeal has been forwarded to the City of Tacoma City, Clerk’s Office and the legal department for processing. The City Clerk and Legal Office will be handling your request and respond to you directly.
Please let me know if you have any further questions.
Regards,
Carly Eddington
Public Disclosure Analyst
Public Records Office
From: Phil Mocek
Dear Ms. Eddington:
In consideration of my appeal, and of future requests for records that contain names, identification numbers, unit numbers, work phone number or (non-personal) mobile phone numbers of public employees, please 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 to your processing of my request:
==== 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 ================
City of Tacoma lost in that case and paid significant fines as a result, so I am particularly surprised to see you making a similarly faulty assertion about what may be redacted based on RCW 42.56.240(1) by claiming that names of public employees, among other information, constitute specific intelligence information.
Cordially,
Phil Mocek
From: Tacoma Police Department
08/24/2021
Phil Mocek
MuckRock News DEPT MR 107308 411A Highland Ave
Somerville, MA 02144
RE: PDR # T006832-012521
Dear Phil Mocek,
This correspondence today is providing you with the City of Tacoma's response to your appeal that was sent through the GovQA portal on 07/19/2021 for Public Records Request T006832-012521.
To download the Appeal Response Letter document, please log in to the Public Records Center.
For your convenience, the document has also been attached to this email and sent through both the GovQA portal and directly to the email you have provided via Outlook.
Please let me know if you have any questions or technical difficulty accessing the document.
Regards,
Carly Eddington
Public Disclosure Analyst
Public Records Office
From: Tacoma Police Department
--- Please respond above this line ---
08/24/2021
Phil Mocek
MuckRock News DEPT MR 107308 411A Highland Ave
Somerville, MA 02144
RE: PDR # T006832-012521
Dear Phil Mocek,
This correspondence today is providing you with the City of Tacoma’s response to your appeal that was sent through the GovQA portal on 07/19/2021 for Public Records Request T006832-012521.
To download the Appeal Response Letter document, please log in to Public Records Center.
For your convenience, the document has also been attached to this email and sent through both the GovQA portal and directly to the email you have provided via Outlook.
Please let me know if you have any questions or technical difficulty accessing the document.
Regards,
Carly Eddington
Public Disclosure Analyst
Public Records Office
Files
pages