Police staff roster (May 2021) (Washington State Patrol)

Phil Mocek filed this request with the Washington State Patrol of Washington.
Tracking #

R006573-052721

Multi Request Police staff roster (May 2021)
Due June 14, 2021
Est. Completion July 15, 2021
Status
Awaiting Response

Communications

From: Phil Mocek


To Whom It May Concern:

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

Staff roster including but not limited to first and last names, job titles, areas of assignment, and badge, serial, and other identifying numbers. In order of preference, I would prefer that this data be provided as: OpenDocument spreadsheet, plain text with comma-separated-values (i.e., a "CSV" file), Excel spreadsheet, or the native electronic format of the software from which this information is retrieved in fulfillment of my request. I specifically request that you not create a new record for me by rendering to PDF or by printing your electronic record then scanning it to make a series of images of the printed data.

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: Washington State Patrol

Dear Phil Mocek:
Thank you for your interest in public records of the Washington State Patrol. Your request has been received and is being processed in accordance with the Revised Code of Washington, RCW 42.56. Your request was received in this office on 5/27/2021 and given the reference number R006573-052721 for tracking purposes.
Records Requested: To Whom It May Concern:

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

Staff roster including but not limited to first and last names, job titles, areas of assignment, and badge, serial, and other identifying numbers. In order of preference, I would prefer that this data be provided as: OpenDocument spreadsheet, plain text with comma-separated-values (i.e., a "CSV" file), Excel spreadsheet, or the native electronic format of the software from which this information is retrieved in fulfillment of my request. I specifically request that you not create a new record for me by rendering to PDF or by printing your electronic record then scanning it to make a series of images of the printed data.

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

Upload documents directly: https://https://www.muckrock.comhttps://www.muckrock.com/
Your request will be forwarded to the relevant Washington State Patrol department(s) to locate the information you seek and to determine the volume and any costs associated with satisfying your request. You will be contacted about the availability and/or provided with copies of the records in question. PLEASE NOTE: The Washington Public Records Act does not require a governmental body to create new information, to do legal research, or to answer questions.

You can monitor the progress of your request at the link below and you'll receive an email when your request has been completed. Again, thank you for using the Public Records Center.
Washington State Patrol

From: Washington State Patrol

--- Please respond above this line ---

RE: Public Records Request of May 27, 2021, Reference # R006573-052721
Dear Phil Mocek,
Thank you for your inquiry to the Washington State Patrol. Pursuant to RCW 42.56.520, this is notification that we have received your public disclosure request below.
“To Whom It May Concern:

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

Staff roster including but not limited to first and last names, job titles, areas of assignment, and badge, serial, and other identifying numbers. In order of preference, I would prefer that this data be provided as: OpenDocument spreadsheet, plain text with comma-separated-values (i.e., a "CSV" file), Excel spreadsheet, or the native electronic format of the software from which this information is retrieved in fulfillment of my request. I specifically request that you not create a new record for me by rendering to PDF or by printing your electronic record then scanning it to make a series of images of the printed data.

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”
We anticipate it may take up to 30 working days from the date of this notification to provide our response. Additional time is required due to the current volume of pending records requests, and to research this request, search for and collect existing responsive records, notify involved parties, and/or prepare records for dissemination.
Should you have any questions, please let us know.
Sincerely,
Leslie Boling
Secretary Supervisor

From: Washington State Patrol

--- Please respond above this line ---
RE: Public Records Request of May 27, 2021, Reference # R006573-052721 Dear Phil Mocek, Thank you for your inquiry to the Washington State Patrol.  Pursuant to RCW 42.56.520, this is notification that we have received your public disclosure request for: “To Whom It May Concern:

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

Staff roster including but not limited to first and last names, job titles, areas of assignment, and badge, serial, and other identifying numbers. In order of preference, I would prefer that this data be provided as: OpenDocument spreadsheet, plain text with comma-separated-values (i.e., a "CSV" file), Excel spreadsheet, or the native electronic format of the software from which this information is retrieved in fulfillment of my request. I specifically request that you not create a new record for me by rendering to PDF or by printing your electronic record then scanning it to make a series of images of the printed data.

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”. Portions of your request are unclear. In order to fully respond to your request, we are seeking clarification on the following portion of your request: Please explain what you are requesting in regard to serial and other identifying numbers.  This is unclear as to what you are requesting. You will also need to complete the attached Declaration of Non-Commercial Purpose document. Please provide the requested clarification within 30 days from the date of this letter. If we do not receive clarification, we will only be able to respond to those portions of the request that do not require clarification. At this time, we anticipate that we will be able to provide or response to the clear portion of your request within 30 days from the date of this notification. You can send your clarification by logging into our online Public Records Center and sending a message. Should you have any additional questions or concerns, please let us know. Sincerely, Leslie Boling, Forms & Records Analyst

From: Phil Mocek

Dear Ms. Boling:

To clarify: By "badge, serial, and other identifying numbers" I meant identifiers, other than name, used to refer to a specific employee. In many fields, these are less commonly used, but referred to as "employee number." In the context of peace officers, they are typically called "badge number" or "serial number."

As I wrote previously, I do not intend to use this public record for commercial purposes. I intend to use this public record to inform myself and the public at large of whom we, the people, employ to work as peace officers in the state of Washington, what those employee's general assignments are, and how they are identified by your agency when names are not available (e.g., when one is identified only by "badge number").

Cordially,
Phil Mocek

From: Washington State Patrol

--- Please respond above this line ---

RE: PUBLIC RECORDS REQUEST of May 27, 2021, Reference # R006573-052721.
Dear Phil Mocek,
The Washington State Patrol (WSP) has received a public records request from you on May 27, 2021. You requested:
“To Whom It May Concern:

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

Staff roster including but not limited to first and last names, job titles, areas of assignment, and badge, serial, and other identifying numbers. In order of preference, I would prefer that this data be provided as: OpenDocument spreadsheet, plain text with comma-separated-values (i.e., a "CSV" file), Excel spreadsheet, or the native electronic format of the software from which this information is retrieved in fulfillment of my request. I specifically request that you not create a new record for me by rendering to PDF or by printing your electronic record then scanning it to make a series of images of the printed data.

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”
Chapter 42.56 RCW governs disclosure of public records in Washington.  The Public Records Act is generally construed liberally to promote access to public records.  See RCW 42.56.030.  However, RCW 42.56.070(9) specifically prohibits the disclosure of "lists of individuals requested for commercial purposes".  This section "does not distinguish between different types of commercial purposes".  AGO 1998 No. 2, at 3; see also AGO 1975 No. 15.

Your public records request is for a list of individuals, with additional information about each individual.  RCW 42.56.070(9) prohibits state agencies from providing “lists of individuals requested for commercial purposes.”   Prior to providing you with the information you requested, please complete and return the Declaration of Non-Commercial Purpose form loaded to the portal.

In order to confirm that this request is not for commercial purposes, please also provide the purpose for which this list will be used.  “An agency has an obligation to investigate (and) at least require a party requesting a list of individuals to state the purpose of the request.”  (SEIU 775 v. DSHS and Freedom Foundation Div II 2016)

Please log in to the Public Records Center at the below link to retrieve the Declaration. Please note that this link will only remain active for 30 days.
Public Records Request - R006573-052721 Even though you have described how the list will be used, WSP still requires the completed declaration document - signed by you.  Once your completed declaration is returned, we will be able to proceed with your request.  If the completed declaration is not received within 30 days, we will consider this request abandoned and close it.  Should you have any questions or to load your completed declaration, please respond via the portal.
Sincerely,
Leslie Boling, Forms & Records Analyst

From: Phil Mocek

Dear Ms. Boling:

I hereby swear that the purpose of my request for one or more records that constitutes a list of individuals is not commercial in nature.

As I have written to you already, I intend to use this public record to inform myself and the public at large of whom we, the people, employ to work as peace officers in the state of Washington, what those employee's general assignments are, and how they are identified by your agency when names are not available (e.g., when one is identified only by "badge number").

As part of your investigation, you have learned that my request is not commercial in nature, and you have received my statement of the purpose of my request.

Any internal policy of requesting completion of additional forms you may have does not relieve you of your obligations under the Public Records Act. The public are under no obligation to submit such a form. I've given you the information you requested in as clear a manner as I know how.

Please provide the record(s) as required by law.

Cordially,
Phil Mocek

From: Washington State Patrol

--- Please respond above this line ---

Good Morning Mr. Mocek:
Chapter 42.56 RCW governs disclosure of public records in Washington.  The Public Records Act is generally construed liberally to promote access to public records.  See RCW 42.56.030.  However, RCW 42.56.070(9) specifically prohibits the disclosure of "lists of individuals requested for commercial purposes".  This section "does not distinguish between different types of commercial purposes".  AGO 1998 No. 2, at 3; see also AGO 1975 No. 15.

Your public records request is for a list of individuals, with additional information about each individual.  RCW 42.56.070(9) prohibits state agencies from providing “lists of individuals requested for commercial purposes.”   Prior to providing you with the information you requested, please complete and return the Declaration of Non-Commercial Purpose form loaded to the portal.

Again, I understand that you are stating this list will not be used for commercial purposes.  Once we receive the declaration - signed under penalty of perjury - we will be happy to provide the records requested.   “An agency has an obligation to investigate (and) at least require a party requesting a list of individuals to state the purpose of the request.”  (SEIU 775 v. DSHS and Freedom Foundation Div II 2016)

Please log in to the Public Records Center at the below link to retrieve the Declaration. Please note that this link will only remain active for 30 days.
Public Records Request - R006573-052721 If the completed & signed declaration is not received within 30 days, we will consider this request abandoned and close it.  Should you have any questions or to load your completed declaration, please respond via the portal.
Sincerely,
Leslie Boling,
Forms & Records Analyst

From: Phil Mocek

Dear Ms. Boling:

I have done everything that is required of me in order to avail myself of my rights under the PRA in this case. Additionally, I have repeatedly satisfied your concern that you need to investigate and at least require me to state the purpose of the request: You investigated, and I stated.

I have filed requests identical to this one with multiple law enforcement agencies in this state, within minutes of filing this one with yours. Others have provided the records without further delay.

Please send the record as required by law.

Cordially,
Phil Mocek

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