Freedom of Information – False & Erroneous Records – Redmond WA (Part 9)

from: B Woods <brent.a.woods@gmail.com>
to: Michelle Hart <MHART@redmond.gov>,
“Krier, Nancy (ATG)” <NancyK1@atg.wa.gov>
date: Thu, Dec 11, 2014 at 7:14 PM
subject: False and Erroneous Records
mailed-by: gmail.com

B Woods <brent.a.woods@gmail.com>

12/11/14

to Michelle, Nancy
Ms Hart,

I want to let you know I read this in the emails.

“Thanks so much and please let me know if you have any questions. Just let me know you have received my email here, I will not log and track this request as I am forwarding it over to you. Many Thanks!! :)”

Michelle

From your email dated November 18 2013, 10:25 AM

So this might explain why I got false and erroneous records back from the City of Redmond as per my request, in fact this explains a lot to me. I do not know, but I will no longer have any communication with you as a result. Pretty much what I suspected all along. And now I know how.

b woods

from: Michelle Hart <MHART@redmond.gov>
to: B Woods <brent.a.woods@gmail.com>,
“Krier, Nancy (ATG)” <NancyK1@atg.wa.gov>
date: Sat, Dec 13, 2014 at 4:15 PM
subject: RE: False and Erroneous Records
mailed-by: redmond.gov

Michelle Hart <MHART@redmond.gov>

12/13/14

to me, Nancy

Brent,

Per my earlier email on processing, the Police Department and City Attorney are logging and tracking your requests in their logs as they are being processed, as majority of the records sought are held within the Police Department.

Michelle

Michelle M. Hart, MMC

City Clerk

425.556.2190 (ph)

425.556.2198 (fx)

mhart@redmond.gov

Visit the City’s website at www.redmond.gov

BACKTRACK TO NOVEMBER 25, 2013

from: Police Record Requests <PoliceRecordRequests@redmond.gov>
to: “brent.a.woods@gmail.com” <brent.a.woods@gmail.com>
date: Wed, Nov 20, 2013 at 5:14 PM
subject: WOODS, Brent > Request for Police Information & Records
mailed-by: redmond.gov

Police Record Requests <PoliceRecordRequests@redmond.gov>

11/20/13

***  RECEIPT CONFIRMATION ONLY *** God Afternoon Mr. Woods, Your e-mail request for records dated November16, 2013 has been forwarded to the Redmond Police Records Division by the City of Redmond Clerk’s office.  The Record Division’s business hours are Monday through Friday from 8:00 a.m. until 5:00 p.m.   This request has been stamped as “received” today Monday, November 18th – our next business day.   Please note that RCW 42.56.520 allows 5 business days to respond to requests.  The fifth business day for this information and records will be Monday, November 25, 2013 by 5:00 p.m. Cordially, Cathy SmokeSupport Services Specialist – Records DivisionRedmond Police Department425-556-2608

FAST FORWARD TO December 5, 2014

to me
from: Angela G. Summerfield <asummerfield@omwlaw.com>
to: B Woods <brent.a.woods@gmail.com>
cc: Police Record Requests <PoliceRecordRequests@redmond.gov>
date: Fri, Dec 5, 2014 at 3:53 PM
subject: City of Redmond PRR Nov #7 – 5-day letter

ngela G. Summerfield <asummerfield@omwlaw.com>

12/5/14

Hello. As you know I am an attorney for the City of Redmond, assisting the City in responding to your publicrecordsrequest to the City received by email dated November 26, 2014 at 12:15PM. You requested: I am seeking all public records with regards to every public records request I have ever put in with the City of Redmond. I also am seeking all public records and all emails related to an incident I recall all too well. The incident I am referring to to clarify and not appear ambiguous, is related to when I spoke to your records specialist, who said I was doing the right thing by the way, by requesting proof of impound of my car, as she told me that I was right that proof of impound of the car was supposed to be in the file, and it was not. She asked if I wanted to speak to the officer involved and I said no. She got her supervisor on the phone who immediately started saying I was harassing the City of Redmond, when in reality, I was requesting the paperwork which you did not have, and yet your officer testified my car was impounded.I’d also like a copy of the letter that said no impound paperwork existed as per the original inquiry. For efficiency in processing, the City is breaking this request into three parts as follows: Nov #7A.  Allpublicrecordsrequests submitted by B. Woods to the City of Redmond and all responses. Nov #7B.  Allrecords relating to described communication with records specialist. Nov #7C.  Copy of letter stating no impound paperwork existed. In accordance with RCW 42.56.520, I am writing to provide you with estimates of the time anticipated to comply with your requests. As to Nov #7A, other than the requests you made earlier in November, the City has no responsive records, as the requests were purged in accordance with state guidelines. Please note the state retention/destruction schedule authorizes destruction of these records in accordance with Disposition Authority Number GS2010-014. This rule requires the following with regard to publicrecordsrequests: “Retain for 2 years after publicrecordsrequest fulfilled then Destroy.” As to Nov #7B, I attach a copy of an audit trail which includes communication between yourself and a City of Redmonds records specialist, which we believe may be responsive to your request.  No further records exist related to this request. As to Nov #7C, the City is continuing its search for the letter you reference.  If you can provide the name of the sender and the date or approximate date, that may help the City identify the record. Thank you for your patience as the City works toward completion of your requests.  Angela G. Summerfield  |  Attorney Ogden Murphy Wallace P.L.L.C.
901 Fifth Avenue, Suite 3500Seattle, WA 98164
Phone: 206.447.2250  |  Facsimile: 206.447.0215asummerfield@omwlaw.comomwlaw.com

to me, Police

As to Nov #7A, other than the requests you made earlier in November, the City has no responsive records, as the requests were purged in accordance with state guidelines. Please note the state retention/destruction schedule authorizes destruction of these records in accordance with Disposition Authority Number GS2010-014. This rule requires the following with regard to public records requests: “Retain for 2 years after public records request fulfilled then Destroy.”

 

As to Nov #7B, I attach a copy of an audit trail which includes communication between yourself and a City of Redmonds records specialist, which we believe may be responsive to your request.  No further records exist related to this request.

 


*Editor’s Note: Above is more evidence to substantiate that public records requests were not being tracked or logged in the City of Redmond’s own self admission. I requested the public records request in 2013 and circled back in 2014 and requested all public records requests I had submitted because I suspected this department was running “dual set of books” with public records requests and complaints. I suspected 3 Card Monty with the requests – out of public view. Based on the response from the attorney that no other responsive records existed, was the City of Redmond’s official answer as you can see. It’s all in the evidence. This clearly exemplified my belief and thus the public records requests.

http://www.atg.wa.gov/open-government

Open Government

“Government accountability means that public officials — elected and un-elected — have an obligation to explain their decisions and actions to the citizens. Government accountability is achieved through the use of a variety of mechanisms — political, legal and administrative — designed to prevent corruption and ensure that public officials remain answerable and accessible to the people they serve. In the absence of such mechanisms, corruption may thrive.”

— U.S. Department of State
– See more at: http://www.atg.wa.gov/open-government#sthash.ZPTdDLi9.dpuf

http://www.atg.wa.gov/Open-Government-Internet-Manual/Chapter-1

From Washington State ATG Office website:

Washington citizens to know what their government is doing. A transparent and accessible government is essential to a successful free society, and fosters trust and confidence in government.

Strong “sunshine laws” are crucial to assuring government accountability and transparency. In Washington State, those laws provide for open public records and open public meetings.

Since Washington voters approved the Public Disclosure Act more than 40 years ago, a growing number of exemptions have been added to public records laws.

Also, under the Open Public Meetings Act, some parts of open public meetings may be closed to the public, but only if certain requirements are met.

To assist the public and public agencies in understanding and implementing the sunshine laws, the Office of the Attorney General provides several resources.
– See more at: http://www.atg.wa.gov/open-government#sthash.Co9I8ZMI.dpuf

Bitcoin Macroeconomics will leave the conjecture out. The law is the law.

from: Michelle Hart <MHART@redmond.gov>
to: B Woods <brent.a.woods@gmail.com>
date: Mon, Dec 15, 2014 at 2:52 PM
subject: RE: Conflict of Interest – Contacted by your City Clerk
mailed-by: redmond.gov

Michelle Hart <MHART@redmond.gov>

12/15/14

to me

Brent,

I am sorry I was not available when you called. I am working, and in meetings.

From your email below, it appears that you are not requesting a record. The task of records manager has always fallen with the City Clerk’s Office. The City Clerk prior to me was Malisa Files. The City Clerk prior to that was Bonnie Walton. That being said, records retention/destruction is a function of the departments. Meaning, all staff is responsible for the maintenance and retention of their records per the Washington State retention schedule.

Michelle

Michelle M. Hart, MMC

City Clerk

425.556.2190 (ph)

425.556.2198 (fx)

mhart@redmond.gov

Visit the City’s website at www.redmond.gov

from: Michelle Hart <MHART@redmond.gov>
to: B Woods <brent.a.woods@gmail.com>
date: Mon, Dec 15, 2014 at 3:26 PM
subject: RE: Conflict of Interest – Contacted by your City Clerk
mailed-by:

Michelle Hart <MHART@redmond.gov>

12/15/14

to me

Brent,

Here is the information as I know it to-date:

You had an incident that occurred with the Redmond Police Department in 2000 (almost 15 years ago).

In 2006, you must have had some correspondence with the City, as I have an email referencing a letter from the city attorney, provided to you I believe, noting that records you had requested somewhere in that latter timeline had been destroyed per retention schedule.

In October 2013, you came back to the City (contacted me, did not put in a request with me, and after our conversation, noted that you would be putting in a request with the Police Department). I assume you did that.

In November 2014, you are back at the City and have filed numerous records requests. I believe in part you are asking for the original records you requested way back when and were informed at that time that those records had been purged per the retention schedule, which as I have shared with you, is relatively short retention schedule for booking videos.

In addition, I have addressed the sentence you keep referencing below with respect to my statement that “I would not be logging and tracking the requests on my end”. I will state to you again (as I have now in several emails) I am not logging or tracking the requests…because they are already being logged and tracked by the persons filling your requests. This is correct protocol, and as you are aware, I am very much involved in those conversations and am working with the staff and the attorney to fill your requests.

I am not sure what appeals process you are referring to below. Have you been denied some appeals process that you are contesting? If so, can you please tell me which appeals process you have been denied and the timeline associated with that appeals process so that I may try to address that for you as well?. Thank you.

Michelle Hart

Michelle M. Hart, MMC

City Clerk

425.556.2190 (ph)

425.556.2198 (fx)

mhart@redmond.gov

Visit the City’s website at www.redmond.gov

from: Michelle Hart <MHART@redmond.gov>
to: B Woods <brent.a.woods@gmail.com>
date: Mon, Dec 15, 2014 at 4:21 PM
subject: RE: Conflict of Interest – Contacted by your City Clerk
mailed-by: redmond.gov

Michelle Hart <MHART@redmond.gov>

12/15/14

to me

Brent,

The request you put in went to the Police Department. It came through me as a pass-through to the record holding division – the Police Department. I believe my 2013 email in this regard has already been provided to you. I am including it again here for your information. And you are correct – I should have re-read it first before sending my email below to be infinitely clear… and I apologize if it was not.

I have the log and I have the emails. The last email I have from you in 2013 indicates that I received your written request and forwarded to the Police Department for their processing (logging, tracking, and response). Requests for police department records go to the Police Department records division to fill. From the time my log entry notes, “request closed,” your request at the Police Department started and they logged and filled the request.

Does this better help to explain the correspondence and process in 2013, at least in the interaction between you and I?

I am truly doing everything I can to help you attain the records you are seeking, Brent. I will continue to work with you until it is all finalized. Please let me know if you have any questions.

Michelle Hart

10/23/13

Email

Brent Woods

brent.a.woods@gmail.com

10/23/13 – Hart (Young)

10/23/13 – Hart to requestor requesting that he fill out a PRR form which she attached to the email

????????????????????

10/23/13 – Requestor emailed Ms. Hart several times asking questions such as cost per page for documents, but never specified the type of documents he is interested in.

10/30/13 – Ms. Young emailed Ms. Hart asking if she had heard anything further from Mr. Woods and if we should send him an email saying that if we don’t hear from him by such and such a date, we will close his request.

10/30/13 – Ms. Hart emailed requestor asking if he is still interested in submitting a Public Records Request.

10/31/13 – Requestor responded that he can find the information he is looking for.

11/16/13 – Requestor, Brent Woods, emailed Ms. Hart that he has changed his mind and decided to do a Public Records Request re: City of Redmond Police Officers that have sustained records of dishonest, names, badge numbers, dates, incidents, etc. and also would like the dates of City Council meetings for December 2013.

11/18/13 – Ms. Hart responded to requestor that she is referring him to the Police Dept. to fill out their PRR. She advised him that, in the month of December, the Council is only meeting on Tuesday, December 3 .

REQUEST CLOSED.

Michelle M. Hart, MMC

City Clerk

425.556.2190 (ph)

425.556.2198 (fx)

mhart@redmond.gov

Visit the City’s website at www.redmond.gov

BACK TO THE RESPONSE FROM THE ATTORNEY

 

to me
from: Angela G. Summerfield <asummerfield@omwlaw.com>
to: B Woods <brent.a.woods@gmail.com>
cc: Police Record Requests <PoliceRecordRequests@redmond.gov>
date: Fri, Dec 5, 2014 at 3:53 PM
subject: City of Redmond PRR Nov #7 – 5-day letter

ngela G. Summerfield <asummerfield@omwlaw.com>

12/5/14

Hello. As you know I am an attorney for the City of Redmond, assisting the City in responding to your publicrecordsrequest to the City received by email dated November 26, 2014 at 12:15PM. You requested: I am seeking all public records with regards to every public records request I have ever put in with the City of Redmond. I also am seeking all public records and all emails related to an incident I recall all too well. The incident I am referring to to clarify and not appear ambiguous, is related to when I spoke to your records specialist, who said I was doing the right thing by the way, by requesting proof of impound of my car, as she told me that I was right that proof of impound of the car was supposed to be in the file, and it was not. She asked if I wanted to speak to the officer involved and I said no. She got her supervisor on the phone who immediately started saying I was harassing the City of Redmond, when in reality, I was requesting the paperwork which you did not have, and yet your officer testified my car was impounded.I’d also like a copy of the letter that said no impound paperwork existed as per the original inquiry. For efficiency in processing, the City is breaking this request into three parts as follows: Nov #7A. Allpublicrecordsrequests submitted by B. Woods to the City of Redmond and all responses. Nov #7B. Allrecords relating to described communication with records specialist. Nov #7C. Copy of letter stating no impound paperwork existed. In accordance with RCW 42.56.520, I am writing to provide you with estimates of the time anticipated to comply with your requests. As to Nov #7A, other than the requests you made earlier in November, the City has no responsive records, as the requests were purged in accordance with state guidelines. Please note the state retention/destruction schedule authorizes destruction of these records in accordance with Disposition Authority Number GS2010-014. This rule requires the following with regard to publicrecordsrequests: “Retain for 2 years after publicrecordsrequest fulfilled then Destroy.” As to Nov #7B, I attach a copy of an audit trail which includes communication between yourself and a City of Redmonds records specialist, which we believe may be responsive to your request. No further records exist related to this request. As to Nov #7C, the City is continuing its search for the letter you reference. If you can provide the name of the sender and the date or approximate date, that may help the City identify the record. Thank you for your patience as the City works toward completion of your requests. Angela G. Summerfield | Attorney Ogden Murphy Wallace P.L.L.C.
901 Fifth Avenue, Suite 3500Seattle, WA 98164
Phone: 206.447.2250 | Facsimile: 206.447.0215asummerfield@omwlaw.com | omwlaw.com

to me, Police

As to Nov #7A, other than the requests you made earlier in November, the City has no responsive records, as the requests were purged in accordance with state guidelines. Please note the state retention/destruction schedule authorizes destruction of these records in accordance with Disposition Authority Number GS2010-014. This rule requires the following with regard to public records requests: “Retain for 2 years after public records request fulfilled then Destroy.”

 

As to Nov #7B, I attach a copy of an audit trail which includes communication between yourself and a City of Redmonds records specialist, which we believe may be responsive to your request. No further records exist related to this request.

 

Exhibit A (#7A)

Nov #7A. Allpublicrecordsrequests submitted by B. Woods to the City of Redmond and all responses.

AND FOR THE KICKER

As to Nov #7A, other than the requests you made earlier in November, the City has no responsive records, as the requests were purged in accordance with state guidelines.

Conclusion: The City of Redmond obscures (removes) from public view in this manner above, (Nov #7A) and then purge with retention schedule. This example would prove to not be in accordance with the law, RCW 42.56

 

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