Passenger inspection notes photos reports 2016-10-05

Phil Mocek filed this request with the Central Puget Sound Regional Transit Authority of Washington.

It is a clone of this request.

Status
Completed

Communications

From: Phil Mocek

To Whom It May Concern:

Pursuant to RCW Ch. 42.56 (Public Records Act), I hereby request the following records:

One or more people who appeared to be transit agency staff but did not identify themselves investigated most or all riders (including me) on the northbound Sounder passenger train from Tacoma to Seattle, including the second car from front (110 A), at approximately 8:15 a.m. on Thursday, October 5, 2016. I do not know of any reason for the man who investigated me to have suspected me of fare evasion. I informed him that I have a monthly transit pass that allows for unlimited travel. Upon my invitation to do so, he did not articulate any reason to suspect me of having violated any law or transit agency rule. Despite his explicit recognition of the fact that he had no reason to suspect me of any violation, he insisted on continuing his investigation of me, threatening to involve contact police if I did not convince him of my innocence. He seemed to believe that I had committed fare evasion. Despite his apparent authority to allow people to continue to ride or to cause them to be removed from the train, he did not offer to sell fare to me in case I wished to purchase it. If this unidentified man was, in fact, a public employee, I wish to review the accuracy of any records related to his unwarranted investigations of me and other presumed-innocent transit riders that your staff created during and as a result of those investigations.

I have observed that people appearing to be Sound Transit staff regularly photograph and make written notes about some passengers during their investigations. I request:
- The content of those notebooks used by staff who worked the aforementioned train on the aforementioned date
- The content of those cameras used by staff who worked the aforementioned train on the aforementioned date
- Images captured by the aforementioned staff on the aforementioned date that are no longer on their cameras
- Any electronic "notes" created by the aforementioned staff on the aforementioned date during the course of performing their job duties on that date
- All reports filed by the aforementioned staff on that date and/or in regard to their work duties on that date
- Warnings, notifications, and citations pertaining to suspected fare evasion authored by the aforementioned staff on the aforementioned date
- Staff duty roster applicable to the aforementioned train on the aforementioned date
- Records of certification, licensing, bonding, and training of the aforementioned staff
- Log of use of hand-held transit pass scanner device (i.e., database of device's RFID contact with cards, etc.) used by staff who hold the position of the aforementioned staff
- Records of certification of accuracy of the aforementioned hand-held transit pass scanner devices
- Records of software updates to hand-held transit pass scanner devices

Please prevent staff from destroying these public records--some of which were created just minutes or seconds prior to my filing of this request with you--prior to your making them available to the public. RCW 42.56.100 states, "If a public record request is made at a time when such record exists but is scheduled for destruction in the near future, the agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives shall retain possession of the record, and may not destroy or erase the record until the request is resolved."

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.

Sincerely,

Phil Mocek

From: Tennison, Leigh

This will acknowledge your request for the following from Thursday, October 5, 2016 at 8:15 a.m. on the northbound Sounder passenger train from Tacoma to Seattle, second car from the front:

1. The content of those notebooks used by staff on the above-referenced date and train.
2. The content of the cameras used by staff who worked the above-referenced date and train.
3. Images that no longer on cameras captured by staff on the above-referenced date and train.
4. Any electronic notes created by staff on the above-referenced date and train.
5. All reports filled by staff on the above-referenced date and train.
6. Warnings, notifications, and citations pertaining to suspected fare evasion authored by staff on the above-referenced date and train.
7. Staff duty roster applicable to the above-referenced date and train.
8. Records of certification, licensing, bonding, and training of the aforementioned staff.
9. Log of use of hand-held transit pass scanner device (i.e. database of device's RFID contact with cards, etc.) used by staff who hold the position of the aforementioned staff.
10. Records of certification of accuracy of the of the aforementioned hand-held transit pass scanner devices.
11. Records of software updates to hand-held transit pass scanner devices.

We received your request on September 21, 2016.

Given our staffs' workload, vacation schedules, and the number of requests we are currently handling, we estimate that it will take another 4-6 weeks to identify and gather responsive records. We will contact you once we have completed our search.

Sincerely,

Leigh Tennison
Assistant to Q'Deene Nagasawa, Public Records Officer
Sound Transit
401 S. Jackson Street
Seattle, WA. 98104
leigh.tennison@soundtransit.org
T: 206.903.7104
F: 206.398.5222

From: Phil Mocek

Dear Sir or Madam,

Please provide a status update on your processing of my Public Records Act request of October 5, 2016. Leigh Tennison at your agency acknowledged my request on October 12, 2016, and stated "that it [would] take another 4-6 weeks to identify and gather responsive records" but despite five periodic requests for update by me, I have received no further related contact from anyone at your agency.

Cordially,
Phil Mocek

From: Tennison, Leigh

In regards to records request number PD16-477 for records concerning October 5, 2016, your request was forwarded to the Security Operations Center for staff to search and gather responsive records. Listed below are specific responses to your individual requests:

1. The content of those notebooks used by staff on the above-referenced date and train.
Sound Transit is not in possession of any responsive records.

2. The content of the cameras used by staff who worked the above-referenced date and train.
Sound Transit is not in possession of any responsive records. Any pictures used for citations and/or warnings would be included with the court packages.

3. Images that no longer on cameras captured by staff on the above-referenced date and train.
Sound Transit is not in possession of any responsive records. Any pictures used for citations and/or warnings would be included with the court packages.

4. Any electronic notes created by staff on the above-referenced date and train.
Sound Transit is not in possession of any responsive records.

5. All reports filled by staff on the above-referenced date and train.
Staff located 2 daily activity reports (DAL) and 1 ticket list report totaling 3 pages. All reports filed by staff are attached.

6. Warnings, notifications, and citations pertaining to suspected fare evasion authored by staff on the above-referenced date and train.
Staff located court packages for 2 citations/warnings totaling 12 pages, which are attached. Any drivers' license numbers have been redacted and are exempt from disclosure under RCW 42.56.330(5), RCW 42.56.230 and RCW 9.35.005(1)(c).

7. Staff duty roster applicable to the above-referenced date and train.
Staff located the attached shift roster totaling 1 page.

8. Records of certification, licensing, bonding, and training of the aforementioned staff.
Sound Transit is not in possession of any responsive records. We contracts our security operations to Securitas and they have possession of these records.

9. Log of use of hand-held transit pass scanner device (i.e. database of device's RFID contact with cards, etc.) used by staff who hold the position of the aforementioned staff.
Staff located the attached equipment sign-out log totaling 2 pages.

10. Records of certification of accuracy of the of the aforementioned hand-held transit pass scanner devices.
Sound Transit is not in possession of any responsive records. The scanning devices will either read a card or show a failure to read.

11. Records of software updates to hand-held transit pass scanner devices.
Sound Transit is not in possession of any responsive records.

This completes our response to your request and we are closing this request file.

Sincerely,

Leigh Tennison
Assistant to Q'Deene Nagasawa, Public Records Officer
Sound Transit
401 S. Jackson Street
Seattle, WA. 98104
leigh.tennison@soundtransit.org<mailto:leigh.tennison@soundtransit.org>
T: 206.903.7104
F: 206.398.5222

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