To whom it may concern ,
Pursuant to the Public records Act, RCW 42.56 , Kenneth Welling , hereby request the copies of any and all ducuments in the possession or control of the Port of Seattle Police pertaining to incident # 201926830. This request includes , but is not limited to , incident reports , follow up reports , other reports,notes, 911 calls, in car video , transcripts or recordings of victim or witness interviews,and email and other written correspondance with other law enforcement agencies. I further request that the above -referenced Public Records request be disclosed in electronic format by email or on CD or DVD , if possible
Agencies refusing to disclose records upon a PRA request "shall include a statement of the specific exemption authorizing the withholding of the record" RCW 42.56.201 (emphasis added). in addition , agencies refusing to disclose records must include a list of records withheld. As stated by the Washington Supreme Court in PAWS v University of Washington, 125 Wn.2nd 243,884 P 2.d 592 (1994)
Silent withholding would allow an agency to retain a record or portion without providing the required link to a specific exemption,and without providing the required explanation of how the exemption applies to the specific record withheld. The Public Records Act does not allow silent withholding of entire documents or records, any more that it allows silent editing of documents or records. Failure to reveal that some records have been withheld in there entirety gives requesters the misleading impressions that all documents relevant to the request have been disclosed . Moreover without a specific identification of each individula record withheld in its entirety, the reviewing courts ability to conduct the statutorily required de novo review is vitiated
If you refuse to produce for inspection and/or copying any record or any part of a public record,then,for each record or portion of a record which you refuse to produce for inspection and /or copying , please provide me with the following information:
: A list of the records in your possession that are pertinent to the above records request , as required by the Washington Supreme Court in the PAWS decision:
: A statement of the specific exemption you have relied on in withholding the record or part therof,and:
: An explanation of how the exemption you have cited applies to the record or part thereof, as required by RCW 42.56.210
Please advise me of the cost of reproduction of these documents puruant to RCW 42.56 and I will promtly remit that amount.
I would be happy to stop by your office and pick this up if this is a option.
Thank you for your assiatance in this matter , and please feel free to contact me if you have any questions
Kenneth R Welling ( Port Police incident 210926830)
20126 Ballinger way NE suite 162
Seattle WA 98155
206 261 2992