This request is sent pursuant to the Public Records Act (“PRA”), RCW 42.56. The law, at RCW 42.56.520, calls for a response within five business days. As you are likely aware, the PRA is liberally construed by the courts, and its exemptions are narrowly construed in favor of disclosure. O'Neill v. City of Shoreline, 170 Wn.2d 138 (2010). An agency withholding or redacting any record must specify the exemption and give a brief explanation of how the exemption applies to the document. RCW 42.56.210(3); Sanders v. State, 169 Wn.2d 827 (2010). Improper redaction, unjustified withholding, or undue delay in producing records may result in a lawsuit and resultant monetary penalties, costs, and attorneys’ fees being awarded against your agency. RCW 42.56.550.
Please note that “records an agency employee prepares, owns, uses, or retains on a private [device] within the scope of employment can be a public record if they also meet the other requirements of RCW 42.56.010(3).” Nissen v. Pierce Cty., 183 Wn.2d 863, 877 (2015). For illustrative purposes, a “device” can be a smartphone, id., or a personal computer, O’Neill.
For this request, we wish to identify all documents or electronically stored information (ESI) from related to Incident No. EV2018RI007229, occurring at approximately 8:21 PM on 11/5/2018 at escalator 202. Necessarily included in this request is any and all video or photographic records (e.g. surveillance) of or related to this incident. “Documents” or “ESI” include (but are not limited to) writings, drawings, graphs, charts, photographs, sound recordings, images, and other data or data compilations stored in any medium from which information can be obtained either directly or, if necessary, after translation by your agency into a reasonably usable form
We appreciate your prompt attention to this matter. Please let us know if you have any questions or if there is anything we might do to help expedite this request.