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Abuse of Discretion - StevenDarbyMcdonald.com

  Click Here   to download the Obtaining Public Records Pamphlet  

USE WASHINGTON’S PUBLIC DISCLOSURE LAW
TO FIND OUT WHAT REALLY HAPPENED
AND TO MAKE STATE AGENCIES PAY YOU BIG MONEY
WHEN THEY TRY TO SUPPRESS THE TRUTH
 
 
1.                        According to Arun Raha, Washington’s Chief Economist, Marty Brown, Washington’s Budget Director, and the illustrious Susan Dreyfus, Washington’s Director of its now defunct Health Services, you are probably sitting around in some completely unfamiliar surroundings because you have been kicked out from the place where you lived for the majority of your life, or soon will be, due to their mismanagement of the funds you entrusted them to protect and properly invest during your lifetime so you could be able to safely enjoy your entitlements when you needed them the most.
 
2.                        Now you are being told there is no money left. You or your family members or close friends are being told that they must move out and move into substandard living areas, among people whom you never thought you’d be forced to live with for the rest of your life. This new living nightmare has come about in part because these individuals have misled you in their reasons for obtaining your assets, and have now squandered your funds they promised to properly invest to sustain you and your family and loved ones’ standard of living when you really needed it.
 
3.                        Again you are being misled by wealthy Washington plutocrats into voting for something packaged as a good deal, which will later be switched to milk the very last drops of your blood so Washington State executive employees, legislatures and the like can continue to enjoy their wealthy and healthy standards of living.
 
4.                        Trying to shed hope on a dismal situation is the plutocrats’ newest system puppet in its arsenal, crusader “Bill Gates’ Father”. This person has been touted on TV as some sort of a savior to the citizens of Washington State because he has endorsed a personal income tax only on the rich. How can anyone be so naïve to believe this? Is there something wrong with Washington State citizens that makes them gullible every time some type of pseudo-authority figure speaks, to believe that it has to be the truth? Is this a disease? Is this condition inbred? Or does it stem from a desire to believe in make believe, the tooth fairy and Santa Claus?
 
5.                        Whatever the case, it’s contagious. And it’s leading to the complete ruin of our way of life. So that only the rich can continue to enjoy their standard of living while the rest of the country, especially our state, sinks even deeper into a quagmire of utter hopelessness and despair.
 
6.                        What would happen if Initiative 1098 goes into effect is the same thing that happened when Initiative 593 Three-Strikes was passed for only a certain percentage of crimes. The Washington State Legislature will come along and expand it to encompass more and more citizens who are not the $250,000+ wage earners but lower income earners, as a safety net to protect the state so it does not go broke. In other words, you will be paying a second personal state income tax on top of your federal income tax.
 
7.                        Then the name Gates will no longer be remembered as the richest man in the world, but equated with a modern day Fagan: who piped his ignorant followers into everlasting despair with false promises that only the state’s “most wealthiest” would be taxed. Who then is to blame? You are, for believing that the super rich really wanted to pay more in taxes to help you out. Tell him to call his son and pay your state income tax from his 54 billion dollars in cash reserve he has because you’re just not going to do it.
 
8.                        Mrs. Dreyfus’s predictions for your future are no rosier. These were outlined during her interview televised on the IMPACT September 24, 2010. If you are suffering from some type of a terrible disability such as paralysis, dementia, or other debilitating infirmity you now also have another horrific disability coming your way: abject poverty.
 
9.                        Besides having to sign over the title of your home to her organization and pledging all your assets, you can now also expect to be moving because she has stopped paying for your caregiver. If you are mentally retarded or a pregnant mother, you too will be losing your assistance. Prenatal mothers will be exempt from medical care and specialty programs for mentally retarded children are being halted.
 
10.                  All these cutbacks have been personally ordered by Governor Christine O. Gregoire just so she can keep Steven Darby McDonald (and others similarly situated) in prison for doormat burning. Where no loss-restitution statement was filed in Count I First Degree Arson for burning a doormat because the motel’s manager Mrs. Stevens said that “honesty is the best policy” and no damage was done. Because Mr. McDonald pulled the doormat away from the door so it would not catch fire and called 911, all according to the alleged “victim” Mrs. Edith Clark. Further, no one was even evaluated by any medical personnel or seen at any hospital because of Mr. McDonald’s quick actions. And the motel room door was not even repainted “until the end of the season” according to Mrs. Stevens because the blistered paint could hardly be seen. (See Appendix Sections A through E on this site for complete support of these facts.)
 
11.                  Email Mrs. Gregoire and demand an answer why your vital support services have been cut to incarcerate Mr. McDonald for life at $72,000 a year for burning a doormat: www.governor.wa.gov. Ask her why she allowed State Prosecutors Eric Pederson and Thomas Verge to remove exculpatory trial testimony from the records on appeal that showed the door had never burned. Demand that she look at the color photographs on this website and determine for herself if the door had ever been on fire. Demand answers and an investigation before you have nothing left at all because of the greedy actions of Washington’s plutocrats.
 
12.                  Help put them in prison where they belong for their deliberate mismanagement of your assets and wasteful policies of mass incarceration by creating inmates to fill their prisons and jails. Which as Thurston County Jail shows, wasted 45 million dollars of taxpayers’ funds to build, yet now cannot open because there is no one to go in it.
 
13.                  Strangely enough, Mrs. Dreyfus announced these cutbacks, as she called them, with a smirk on her face. While she was lauding her workers’ ability to issue cash credit cards to thousands who no longer have jobs and need financial assistance because of the stoppage of these and other vital services. That’s your financial safety net she has yanked out from under you to pay the new hoards of unemployed, all due to the financial mismanagement of essential state resources just to build prisons and new jails like Thurston County Jail that cost the taxpayers 45 million dollars to build, and now they cannot afford to open it because it’s no longer profitable to create an artificial population of inmates to be housed inside.
 
14.                  After wasting all your funds, all their plans are now in complete reversal as also shown by the recent closure of another major institution and the October 1, 2010 announced layoff of 300 guards’ positions. Yet they have left a paper trail for you to follow to prove their wrongful actions. Had they not foolishly embarked upon such a course of action, they would still have the funds that are required to pay for your needs.
 
15.                  It’s time that you fight back and not be abused by these Washington State plutocrats any longer. It’s now time that you make them pay you and recoup your losses. Have you seen any one of them agree to take a pay cut? Of course not, and you never will. But they sure have demanded that you do. Or have taken your job outright. Have you ever thought why it is that state employees are making nearly twice as much as private sector employees? There is something wrong with this picture, and you are smart enough to figure out what it is. Dig to the bottom and learn how a sick mind really works to your detriment. If you don’t pay they will not be able to maintain their exorbitant lifestyles.
 
16.                  Get to the bottom of Washington’s financial quagmire using the Public Records Act codified by RCS 42.56 et seq., to compel any state agency to release embarrassing records that show their wrongdoing or wrongdoing of any state employees. This includes financial records of their salaries, reprimands, financial projections, payouts for wrongdoing, the real reasons for what they do and true motivations. Not the BS they feed the public. Every day that they suppress a record that you’ve requested, they must pay you $100 dollars a day according to the state as a punitive sanction. You can also request a list of all the toxic investments they’ve made with your money, the reasons for the investments, the person’s names who made such blunders, who too may be liable to you for their wrongdoing.
 
17.                  All the information to get you started is provided in this article. It’s very simple. Even the statute has required that the Attorney General print a small pamphlet about how this statute can serve you, which too is included. Your requests will not only cover the WA/DOC’s wrongdoing, but any state agency. Anything to do with the operation of state government is now within your reach. If they claim your request does not exist, as most often is the case with sensitive data, and you can prove it does from any collateral source such as a newspaper article, radio or TV broadcast, or a court case filing, you can force them to pay you hundreds of thousands of dollars in cash. Plus all attorney fees. Such was the recent case of Yousoufian v. Office of Ron Sims, 168 Wn.2d 444(2010), where Yousoufian was ordered to receive $371,340 in cash because Seattle did not timely release the records he sought.
 
18.                  Now the City of Seattle has had to lay off dozens of public officials because they cannot afford to pay their salaries because they suppressed these public records.
 
19.                  Each state agency has their own records request address. The WA/DOC’s is: Public Records Center, Public Disclosure Unit, Department of Corrections, PO Box 41118, Olympia, WA 98504. Just make your request out using the following language: Greetings: I am making a formal Public Records Request pursuant to RCW 42.56 et seq., for the following types of records: Then list with specificity the documents you need. A complete copy of the statute follows this article, including all subparts which show your entitlement to the documents. Also, I have included some case laws that you can look up to understand how the courts interpret the statute.
 
20.                  You should also look at the attorneys’ names who have represented the big bucks clients because these are the ones you will want to retain when the state agency begins to drag their feet or denies the existence of your records. Mr. Michael C. Kahrs is another excellent attorney who handles many cases against the WA/DOC and wins hundreds of thousands of dollars for his clients. His address is: Michael C. Kahrs, Attorney at Law, 5215 Ballard, Ave NW, Suite #2, Seattle, WA, 98107-4832.
 
21.                  Besides looking for reasons for the financial crisis caused by Washington State plutocrats, check out some WA/DOC embarrassing facts they want you never to know happened. Starting with the following:
 
A.    Inmate Eddie Nelson and Correctional Officer Mrs. Alexander’s having sex at Walla Walla State Penitentiary and getting caught by other guards. Mrs. Alexander’s husband also worked at the prison. The guards who caught them weren’t too smart as many of them are, and beat Mrs. Alexander’s ass in front of a camera. She sued and won several million dollars out of court settlement. This is why you no longer have your state entitlements and your child has been cut off from their medical assistance program. To pay for these guards’ stupidity.
 
B.     Staff Appreciation parties are a monthly event in the WA/DOC that cost you thousands of dollars. But the staff appreciation party of 2001 cost you several million dollars. This was when the guards at Monroe Correctional Complex/WSF got Correctional Officer Frommey (Phonetic) drunk and took her to the Sultan Love Shack and they all raped her for hours and filmed it. She too sued and had a several million dollar settlement from your tax dollars. This is now why you can no longer receive your DSHS medical care. Thank you very much, WA/DOC!
 
C.     How about the superintendent having sex with his secretary in his office at Monroe Correctional Complex/WSR. And getting caught by a guard when giving a tour group a walk through. Don’t believe it? Well, make your request for staff have sex with other staff members, list of all names.
 
D.    Sexual harassment is always a big issue within the WA/DOC, but how about a female staff member pressuring other female staff members to have sex with her at Monroe Correctional Complex/WSF.  The other staff members have filed sexual discrimination claims against her and requested financial compensation. That’s your medical funds being paid out to settle these claims. Don’t believe it? Make your request for this information and see what happens. Every day they suppress this information you are entitled to a hundred dollars. 
 
E.     Find out how much stock WA/DOC officials own in their new ACCESS SECURED PAC vendor they just forced all WA/DOC inmates to purchase substandard crap from. This new company they claim is cheaper, but costs at least $5 more for typewriter ribbon cartridges. And they have no food items that we were allowed to order every month. Don’t let them claim it was a security decision to switch. If they do, then demand all records showing that food stores like Figi’s were sending in drugs or Hickory Farms sending in tobacco. There will not be one record or incident of any of these places ever doing so. It’s been rumored it’s because all of their friends own stock in this new company. This new company’s address is: ACCESS SECURED PAC, PO Box 50028, Sparks, NV89435-0028.
 
22.                  Here’s some case laws to help you get started:
 
1.                        Soter v. Cowles Publishing Co., 162 Wn.2d 716, 174 P.3d 60 (2007). This case provides many examples of how the PRA functions and includes many case cites.
 
2.                        O’Neill v. City of Shoreline, 145 Wn.App.913, 187 P.3d 822 (2008). This is an excellent case defining what public documents are and what an agency is required to produce when properly requested to do so.
 
3.                        Guild v. Kitsap County, 156 App.110 (2010). Excellent case holding that the state agency who has withheld the public records does not depend on a showing that the agency acted in bad faith. Even a good faith reliance on a statutory exemption for withholding a record does not insulate the agency from the assessment of fees and penalties under RCW 42.56.550(4). And even if the state agency makes a voluntary disclosure after the suit is filed, it is still required to pay fees and penalties.
 
4.                        Koenig v. Thurston County, 155 Wn.App. 398 (2010). Case explains the investigative records exemption of RCS 42.56.240(1).
 
5.                        Neighborhood Alliance v. Spokane City, 153 Wn.App. 241 (2009). Good federal case cites on searching files and what is expected from state agency.
 
6.                        Mechling v. City of Monroe, 152 Wn.App. 830 (2009). States how state agency is allowed to redact part of the record, but must supply the rest.
 
7.                        West v. Port of Olympia, 146 Wn.App. 108, 192 P. 3d 926 (2009). Great case cites on the PRA.
 
23.                  Using the above should enable you to get to the bottom of exactly what’s going on. And exactly what they do not want you do know about. Make them pay you for what they have done to destroy your life. Don’t let them hide the true facts of their culpability any longer. Expose them for who they are and what they represent. And that’s an anathema!
 
 
 

RCW 42.56.070
Documents and indexes to be made public.

(1) Each agency, in accordance with published rules, shall make available for public inspection and copying all public records, unless the record falls within the specific exemptions of *subsection (6) of this section, this chapter, or other statute which exempts or prohibits disclosure of specific information or records. To the extent required to prevent an unreasonable invasion of personal privacy interests protected by this chapter, an agency shall delete identifying details in a manner consistent with this chapter when it makes available or publishes any public record; however, in each case, the justification for the deletion shall be explained fully in writing.

(2) For informational purposes, each agency shall publish and maintain a current list containing every law, other than those listed in this chapter, that the agency believes exempts or prohibits disclosure of specific information or records of the agency. An agency's failure to list an exemption shall not affect the efficacy of any exemption.

(3) Each local agency shall maintain and make available for public inspection and copying a current index providing identifying information as to the following records issued, adopted, or promulgated after January 1, 1973:

(a) Final opinions, including concurring and dissenting opinions, as well as orders, made in the adjudication of cases;

(b) Those statements of policy and interpretations of policy, statute, and the Constitution which have been adopted by the agency;

(c) Administrative staff manuals and instructions to staff that affect a member of the public;

(d) Planning policies and goals, and interim and final planning decisions;

(e) Factual staff reports and studies, factual consultant's reports and studies, scientific reports and studies, and any other factual information derived from tests, studies, reports, or surveys, whether conducted by public employees or others; and

(f) Correspondence, and materials referred to therein, by and with the agency relating to any regulatory, supervisory, or enforcement responsibilities of the agency, whereby the agency determines, or opines upon, or is asked to determine or opine upon, the rights of the state, the public, a subdivision of state government, or of any private party.

(4) A local agency need not maintain such an index, if to do so would be unduly burdensome, but it shall in that event:

(a) Issue and publish a formal order specifying the reasons why and the extent to which compliance would unduly burden or interfere with agency operations; and

(b) Make available for public inspection and copying all indexes maintained for agency use.

(5) Each state agency shall, by rule, establish and implement a system of indexing for the identification and location of the following records:

(a) All records issued before July 1, 1990, for which the agency has maintained an index;

(b) Final orders entered after June 30, 1990, that are issued in adjudicative proceedings as defined in RCW 34.05.010 and that contain an analysis or decision of substantial importance to the agency in carrying out its duties;

(c) Declaratory orders entered after June 30, 1990, that are issued pursuant to RCW 34.05.240 and that contain an analysis or decision of substantial importance to the agency in carrying out its duties;

(d) Interpretive statements as defined in RCW 34.05.010 that were entered after June 30, 1990; and

(e) Policy statements as defined in RCW 34.05.010 that were entered after June 30, 1990.

Rules establishing systems of indexing shall include, but not be limited to, requirements for the form and content of the index, its location and availability to the public, and the schedule for revising or updating the index. State agencies that have maintained indexes for records issued before July 1, 1990, shall continue to make such indexes available for public inspection and copying. Information in such indexes may be incorporated into indexes prepared pursuant to this subsection. State agencies may satisfy the requirements of this subsection by making available to the public indexes prepared by other parties but actually used by the agency in its operations. State agencies shall make indexes available for public inspection and copying. State agencies may charge a fee to cover the actual costs of providing individual mailed copies of indexes.

(6) A public record may be relied on, used, or cited as precedent by an agency against a party other than an agency and it may be invoked by the agency for any other purpose only if:

(a) It has been indexed in an index available to the public; or

(b) Parties affected have timely notice (actual or constructive) of the terms thereof.

(7) Each agency shall establish, maintain, and make available for public inspection and copying a statement of the actual per page cost or other costs, if any, that it charges for providing photocopies of public records and a statement of the factors and manner used to determine the actual per page cost or other costs, if any.

(a) In determining the actual per page cost for providing photocopies of public records, an agency may include all costs directly incident to copying such public records including the actual cost of the paper and the per page cost for use of agency copying equipment. In determining other actual costs for providing photocopies of public records, an agency may include all costs directly incident to shipping such public records, including the cost of postage or delivery charges and the cost of any container or envelope used.

(b) In determining the actual per page cost or other costs for providing copies of public records, an agency may not include staff salaries, benefits, or other general administrative or overhead charges, unless those costs are directly related to the actual cost of copying the public records. Staff time to copy and mail the requested public records may be included in an agency's costs.

(8) An agency need not calculate the actual per page cost or other costs it charges for providing photocopies of public records if to do so would be unduly burdensome, but in that event: The agency may not charge in excess of fifteen cents per page for photocopies of public records or for the use of agency equipment to photocopy public records and the actual postage or delivery charge and the cost of any container or envelope used to mail the public records to the requestor.

(9) This chapter shall not be construed as giving authority to any agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives to give, sell or provide access to lists of individuals requested for commercial purposes, and agencies, the office of the secretary of the senate, and the office of the chief clerk of the house of representatives shall not do so unless specifically authorized or directed by law: PROVIDED, HOWEVER, That lists of applicants for professional licenses and of professional licensees shall be made available to those professional associations or educational organizations recognized by their professional licensing or examination board, upon payment of a reasonable charge therefor: PROVIDED FURTHER, That such recognition may be refused only for a good cause pursuant to a hearing under the provisions of chapter 34.05 RCW, the Administrative Procedure Act.

 

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