Passenger inspection notes photos reports 2017-08-09

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 southbound Sounder passenger train from Seattle to Tacoma, including car 102A, at approximately 4:45 p.m. on Wednesday, August 9, 2017. I do not know of any reason for the woman who investigated me to have suspected me of fare evasion. She seemed to believe that I had committed fare evasion, demanding proof that I had not violated the law. The woman was dressed not in typical train conductor uniform, but in military-style, "tactical" pants and a motorcycle-rider-style jacket similar to those worn by peace officers employed by Washington State Patrol. It seemed an intimidating appearance--not the sort that one would likely expect from friendly and helpful transit staff. Wishing to cooperate with this unknown woman and go on about my lawful business without further interference, I searched diligently for such proof of my innocence. During this time, she did not offer to sell fare to me in case I wished to purchase it, suggesting that ensuring all passengers have paid the fare was not the purpose of her actions. She refused to respond affirmatively or negatively in response to me asking her if she had any reason to suspect me of fare evasion. Initially stern, she became visibly impatient, and shortly after I began searching for the information she sought, she stopped me, said she would summon the train conductor, and left. She returned with a man in traditional train conductor uniform who asked to see proof of payment of fare. This man told me that he had no reason to suspect me of fare evasion immediately upon my asking him the same question the woman refused to answer just minutes earlier. I informed him that I have a monthly transit pass that provides for unlimited travel. He said that he understood this statement, then continued to await my proof of compliance with unspecified rules, regulations, or laws. The woman cautioned that I would be required to exit the train at the next stop if I did not provide the requested documentation. This would have been convenient had the next stop been near my destination but it was not, so I continued to search for that which was requested. I had no further verbal interaction with either of the aforementioned people.

If this unidentified woman was, in fact, a public employee, I wish to review the accuracy of any records related to her unwarranted investigations of me and other presumed-innocent transit riders that your staff created during and as a result of those investigations, to verify the suitability for purpose of the machines your staff apparently use to verify fare payment via methods that are completely invisible to those people who are under investigation, to determine whether your investigatory staff are known to be capable of performing these investigations in a lawful and satisfactory manner, and to discover any reports of malfeasance on the part of these staff.

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:
1. The content of those notebooks used by staff who worked the aforementioned train on the aforementioned date
2. The content of those cameras used by staff who worked the aforementioned train on the aforementioned date
3. Images captured by the aforementioned staff on the aforementioned date that are no longer on their cameras
4. Any electronic "notes" created by the aforementioned staff on the aforementioned date during the course of performing their job duties on that date
5. All reports filed by the aforementioned staff on that date and/or in regard to their work duties on that date
6. E-mail sent or received by the aforementioned staff on the aforementioned date
7. Work-related text messages (i.e., SMS messages) sent or received by the aforementioned staff on the aforementioned date
8. Warnings, notifications, and citations pertaining to suspected fare evasion authored by the aforementioned staff on the aforementioned date
9. Staff shift roster applicable to the aforementioned train on the aforementioned date
10. Records of certification, licensing, bonding, and training of the aforementioned staff
11. Log of use of hand-held transit pass scanner devices (i.e., database of device's RFID contact with cards, etc.) used by the aforementioned staff on the aforementioned date
12. Records of certification of accuracy of the aforementioned hand-held transit pass scanner device
13. Records of software updates to hand-held transit pass scanner device
14. Notes, memos, e-mails, etc., to fare evasion investigation staff concerning fare evasion investigation policies since February 9.
15. Any complaints received about the aforementioned staff in the past three years, along with investigations and summaries of outcome
16. Records of certification, licensing, bonding, and training of the aforementioned train conductor
17. Any reports, memos, or notes compiled by the aforementioned train conductor on the aforementioned date
18. E-mail sent or received by the aforementioned train conductor on the aforementioned date
19. Work-related text messages (i.e., SMS messages) sent or received by the train conductor on the aforementioned date

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