Potential decertification of former Seattle Police Officer Ian Birk

Phil Mocek filed this request with the Washington State Criminal Justice Training Commission of Washington.


From: Phil Mocek

Washington State Criminal Justice Training Commission
fax: 206-835-7313
voice: 206-835-7300
19010 1st Avenue South
Burien, Washington 98148

To Whom It May Concern:

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

Written or electronic communication to or from Seattle Police Department staff regarding former Seattle Police Officer Ian Birk after the murder of John T. Williams on August 30, 2010, along with metadata.

I would prefer the request filled electronically, by e-mail attachment if feasible or CD-ROM if not.

I request that fees be waived, as I believe this request is in the public interest and as it is not made for commercial gain. The requested documents will be processed by a representative of the news media/press and made available to the public at MuckRock.com. In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request.

If my request is denied in whole or part, I ask that you justify all deletions by reference to specific exemptions of the PRA. I request that any deletions be "blacked out" rather than "whited out". I will also expect you to release all segregable portions of otherwise exempt material.

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


Phillip Mocek

From: Greg Baxter

Mr. Mocek,

Exemption Log: We do have a Personnel Action Report from Seattle Police Department about the Officer Birk’s resignation. [State law requires police and sheriff’s departments to inform us of every officer separation, voluntary or involuntary.] We have other correspondence with SPD about that separation. We compiled all of those documents into an investigative file our Certification Office retains. RCW 43.101.400 exempts from public disclosure the entirety of WSCJTC investigative files used in certification and decertification.

RCW 43.101.400. Confidentiality of records.

(1) Except as provided under subsection (2) of this section, the following records of the commission are confidential and exempt from public disclosure: (a) The contents of personnel action reports filed under RCW 43.101.135; (b) all files, papers, and other information obtained by the commission pursuant to *RCW 43.101.095(3); and (c) all investigative files of the commission compiled in carrying out the responsibilities of the commission under this chapter. Such records are not subject to public disclosure, subpoena, or discovery proceedings in any civil action, except as provided in subsection (5) of this section.

Exemption is also supported by RCW 42.56.070(1), 42.56.510, and 43.101.135.

The material you requested will lose its exemption only if we convene a decertification hearing in Officer Birk’s case and some or all of the material is presented as evidence in that public hearing.

Greg Baxter
Records Officer


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