HomeMy WebLinkAbout040626 email FORMAL 9_0 ADMINISTRATIVE APPEAL_ Wrongful Withholding and Invalid Notice of Abandonment (Ref #S004290-030226)ALERT: BE CAUTIOUS This email originated outside the organization. Do not open attachments or click on links if you are not expecting them.
Sheriff Pernsteiner and Prosecuting Attorney Kennedy:
I’m invoking a Section 9.0 Administrative Review regarding the handling of Public Records Request #S004290-030226.
On March 31, 2026, Support Services Technician Steve Strout issued a notice asserting that all responsive written records have been provided and threatening to close the request as abandoned
in 30 days pending clarification on body-worn camera footage. This claim is factually incorrect and constitutes a wrongful withholding of public records.
1. Delivery Format Violation and Constructive Denial I established a clear mandate that all records must be provided as direct email attachments. The agency continues to disregard this
instruction by sending embedded links forcing the use of the GovQA portal. Under WAC 44-14-05001, an agency must provide records in the requested electronic format if it is technically
feasible. The agency's refusal to attach standard PDFs to an email denies the fullest assistance required by RCW 42.56.100 and constitutes a constructive denial of the requested written
records.
2. Invalid Notice of Abandonment My March 5, 2026, correspondence explicitly stated I would review the written materials prior to deciding whether to proceed with the video portion of
the request. Because the agency has unlawfully withheld the written records behind an inaccessible portal barrier, the condition precedent for me to inspect those materials and subsequently
clarify the video request has not been met. The agency cannot lawfully trigger a 30-day abandonment clock based on its own failure to deliver the prerequisite records in the mandated
format.
3. Failure to Segregate and Wrongful Withholding of Metadata The agency possesses an affirmative duty to conduct an adequate search and properly segregate public records pursuant to
Nissen v. Pierce County. The agency's inventory of portal-locked files entirely omits the specifically requested audit logs, evidence submission details, chain-of-custody records, and
basic metadata for the February 9 and 10, 2026, contacts. Withholding this responsive data without providing a valid statutory exemption and a brief explanation violates the Washington
Public Records Act.
The 30-day abandonment notice is legally invalid and is stayed pending this review. I expect a prompt supervisory review of this wrongful withholding. All responsive written records,
including the missing February 9 and 10 metadata, must be produced immediately as direct email attachments so that I may lawfully inspect them and subsequently clarify the video request.
Amber Armstrong
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