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Juelanne Dalzell
JEFFERSON COUNTY PROSECUTING ATTORNEY
Courthouse - P.O. Box 1220
Port Townsend, Washington 98368
Telephone (360) 385-9180 FAX (360) 385-0073
David W. Alvarez, Deputy Prosecutor
Tracey L. Lassus, Deputy Prosecutor
John Raymond, Deputy Prosecutor
D. Geral Barnhart, Deputy Prosecutor
Lianne Perron-Kossow, Victim Witness Advocate
August 27, 2004
Bert Loomis
9500 Oak Bay Road
Port Ludlow, WA 98365
Re: Public Records requests dated August 26, 2004
Dear Mr. Loomis:
You sent two e-mails, one dated August 26, 2004 at 3 PM, the other dated August
26,2004 at 5:40 PM. These e-mails indicated that you were making a continuing,
prospective request for public records. Specifically, you wrote that "since you are
routinely forward (sic) my emails to PLA and their counsel, I expect you to provide me
with copies of all email correspondence between DCD and PLA and or their counsel."
That indicates you have made a perpetual or ongoing request. Copies of those e-mails are
attached.
You will note on the first page of the enclosure that Greg McCarry of Port Ludlow
Associates (PLA) wrote an email to me at 10:58 AM on August 27 confirming that I have
never sent him any of your emails.This serves to answer, in part, various concerns
expressed by you and Mr. Gendler that all of the citizens' emails are being immediately
sent to PLA.
The Public Disclosure Act requires that any local government make public records
available for public inspection and copying. See RCW 42.17.260 and RCW 42.17.270.
County records are made available for inspection and copying once they are created. You
(or someone on your behalf) are welcome to make an appointment to review specified
identifiable records at our offices during normal business hours. We will also mail you
identifiable public records with a voucher for payment in the amount of 15 cents per page
plus postage.
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However, under RCW 42.17.270 public agencies are required only to honor
requests for "identifiable pubic records". Until documents are created or arrive at a
County office (if an applicant sends them in) they are neither in "writing," nor an
"identifiable record" and thus are not "public records," as that term of art is defined at
RCW 42.17.020(36). Put another way, a record generated or received on September 26,
2004, for example, did not exist at the time of your request dated August 26, 2004. Thus,
at the time of any prospective request (including yours) there can be no documents in
existence that would be responsive to anyone's request for future records.
In light of the above, your various e-mails will be and are being treated as requests
for public records in existence as of that date, August 26. I enclose 85 pages that have
been "Bates" stamped 001-085 that I believe are responsive to your request. Cost of these
copies at $.15 per page is $12.75. Please send your check in that amount payable to the
"Jefferson County Treasurer" at your earliest convenience.
You are, of course, free to renew your public records request (or make any other
request) in writing in the future.
Any future public records request that is prospective or perpetual in nature will not
be responded to in that manner. Instead, the County's response to such a request will
provide you with responsive and non-exempt documents in existence on or BEFORE the
date of that particular request. Similar letters are being sent to PLA, Mr. Gendler and Mr.
Powers, all of whom have also made prospective or perpetual public records requests.
;;;;:::)lHShO. .
David Alvarez V~
Chief Civil Deputy Prosecuting Attorney
Enclosure
Cc: Les Powers (w/o Enc.)
Mickey Gendler (w/o Ene.)
Marco de Sa e Silva, attorney for PLA (w/o Enc.)
Greg McCarry, PLA (w/o Enc.)
County Commission (w/Enc. Not pages 1-85)
John Fischbach, County Administrator (w/o Ene.)
Lorna Delaney, Clerk to the BoCC (w/Enc. Not pages 1-85)
Al Scalf, DCD Director (w/o Ene.)
iD~:~LlJ.ia~~ (w/o Ene.)
RoseAnn Carroll, DCD (w/Enc. Not pages 1-85)
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