Fare Enforcement Apps

Kevin Wallace filed this request with the Central Puget Sound Regional Transit Authority of Washington.
Est. Completion Aug. 6, 2018
Status
In Litigation

Communications

From: Kevin Wallace

To Whom It May Concern:

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

A copy of the latest version of each of the following applications used on Fare Enforcement handheld devices:
- Orca Inspection
- Officer Android

The requested records 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,

Kevin Wallace

From: Central Puget Sound Regional Transit Authority

DRAFT-for your approval. This is due today or Monday at the latest. We don't have an "officer android" app. The ORCA Inspection is an android app.

_____________________________________________________

This will acknowledge your request for a copy of the latest version of each of the following applications used on fare enforcement handheld devices:

-ORCA Inspection
-Officer Android

We received your request on May 7, 2018.

The application used to scan ORCA cards is called "ORCA Inspection." It is an Android version. We are unable to provide you with this app because it is exempt under RCW 42.56.270(1). This completes our response and we will close this request file.

Sincerely,

Leigh Tennison
Project Coordinator
Sound Transit
T: 206.903.7104

Connect with us
Facebook.com/SoundTransit<https://www.facebook.com/SoundTransit/>
Twitter.com/SoundTransit<https://twitter.com/soundtransit>
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From: Kevin Wallace

Thank you for the response.

I appeal. RCW 42.56.270(1) only exempts disclosure of software when such disclosure "would produce private gain and public loss" which is not the case here -- the released records are being made available to the public. They are being requested in the interest of increased transparency around the fare enforcement process, not for private gain of any kind. On 4/25, in response to request PD18-030, you indicated to me that fare enforcement policy SOP-SEC 10-07 has been superseded by a process in the application that I am now requesting. Fare enforcement policy is a matter of public record, even when it's embodied in software.

If "Officer Android" does not exist, I am happy to exclude it from my request. However, SOP-SEC 10-17 ("FARE ENFORCEMENT SOP: PANASONIC HANDHELD TABLET FZ-X1") indicates that it is policy to install an application with this name on all fare enforcement handheld devices.

Thanks,

Kevin

From: Central Puget Sound Regional Transit Authority

Mr. Wallace~

On Friday, May 11, 2018, Leigh Tennison inadvertently sent you a draft email intended for my review and did not intend to send you the draft email below. I am reviewing this file and doing additional research. My initial review reveals the document you requested does not fall under the exemption reflected in Ms. Tennison's email. I will need additional time to review and will get back to you shortly. I just wanted you to know that I received your email and I am working on your request.

Sincerely,

Q'Deene Nagasawa

Q'Deene Nagasawa
Paralegal | Public Records Officer
Legal Department
Sound Transit
401 South Jackson
Seattle, WA 98104
(206) 689-4924
Fax: (206) 398-5222

Connect with us
facebook.com/SoundTransit<http://www.facebook.com/SoundTransit>
twitter.com/SoundTransit<http://www.twitter.com/SoundTransit>
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From: Central Puget Sound Regional Transit Authority

Mr. Wallace~

We will need additional time to respond to your request. We need to proceed with the third party notice process. We expect this process to take an additional 3 to 4 weeks. We will contact you when that has been completed.

Thank you.

Q'Deene Nagasawa

Q'Deene Nagasawa
Paralegal | Public Records Officer
Legal Department
Sound Transit
401 South Jackson
Seattle, WA 98104
(206) 689-4924
Fax: (206) 398-5222

Connect with us
facebook.com/SoundTransit<http://www.facebook.com/SoundTransit>
twitter.com/SoundTransit<http://www.twitter.com/SoundTransit>
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From: Central Puget Sound Regional Transit Authority

This is to provide you with a status of your request. The third party has requested and we have extended the time for the third party to obtain a temporary restraining order for an additional 2 weeks. We will contact you again in 2 weeks.

Please let me know if you have any questions.

Sincerely,
Q'Deene Nagasawa

Q'Deene Nagasawa
Paralegal | Public Records Officer
Legal Department
Sound Transit
401 South Jackson
Seattle, WA 98104
(206) 689-4924
Fax: (206) 398-5222

Connect with us
facebook.com/SoundTransit<http://www.facebook.com/SoundTransit>
twitter.com/SoundTransit<http://www.twitter.com/SoundTransit>
[cid:image001.png@01CFB081.D1850820]

From: Kevin Wallace

Thank you for the response.

Are you able to provide me with the name of the third party at this time?

If the third party does succeed in obtaining a TRO, I request that you ensure the requested records are not destroyed, pursuant to RCW 42.56.100, while I explore possible remedies under RCW 42.56.550 or other relevant statutes.

Thanks,

Kevin

From: Central Puget Sound Regional Transit Authority

Dear Mr. Wallace:
I am Senior Legal Counsel for Sound Transit. As Q"Deene Nasagawa informed you, Vix Technology U.S.A., Inc. has initiated litigation seeking to enjoin Sound Transit from producing certain documents that would otherwise be responsive to one of your public disclosure requests. Copies of the pleadings filed thus far are attached for your convenience. Please be advised that in light of the pending litigation, Sound Transit will take no further action on your public disclosure request until the Court has ruled on Vix's motions.

If you have any questions of Sound Transit in this regard, please contact the undersigned.

James E. Niemer
Senior Legal Counsel
Sound Transit
(206)398-5162

The information contained in this email is intended only for the personal and confidential use of the recipient(s) named above. This message may be an attorney-client communication and as such is privileged and confidential. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this document in error and that any dissemination, distribution or copying of this message is strictly prohibited. If you have received this communication in error, please notify this Agency immediately by email, and delete the original message.

From:

Good Afternoon,

Attached are the following documents:

1. Letter to Mr. Niemer and Mr. Wallace dated August 16, 2018
2. Ex Parte Notice of Court Date
3. Motion for Temporary Restraining Order and Preliminary Injunction
4. Declaration of Angelo Serraino
5. Declaration of Mark Rosencrantz
6. Proposed Order Granting the Motion for Temporary Restraining Order/Preliminary Injunction
7. Summons to Mr. Wallace
8. Complaint
9. Order Setting Civil Case Schedule
10. Acceptance of Service for Mr. Wallace

Lana Ramsey
CARNEY BADLEY SPELLMAN, P.S.
Legal Assistant to Christopher Wright,
Mark Rosencrantz and Sommer Clement
206-607-4136 Direct | 206-622-8020 Main
Address<https://www.carneylaw.com/contact-us> | Website<https://www.carneylaw.com/>
ramsey@carneylaw.com<mailto:ramsey@carneylaw.com>

This e-mail contains confidential, privileged information intended only for the addressee. Do not read, copy, or disseminate it unless you are the addressee. If you are not the addressee, please permanently delete it without printing and call me immediately at (206) 622-8020.

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