Record Request #2108125
Request #2108125
Description
Yakima Police Department
Washington Public Records Act Office
200 South 3rd Street
Yakima, WA 98901
March 12, 2026
To Whom It May Concern:
## PRESERVATION DEMAND ##
Pursuant to O'Neill v. City of Shoreline, 170 Wn.2d 138 (2010), and WAC 44-14-03005, your agency's obligation to preserve all records responsive to this request attaches upon receipt.
Please immediately:
1. Suspend any automated deletion, overwrite, or purge process that would destroy records falling within the scope of this request, whether operating on your agency's own infrastructure or on vendor-managed infrastructure over which your agency holds a contractual right of access or retrieval.
2. Issue a written instruction to your ALPR vendor(s) directing them to halt any automated deletion of records within the scope of this request pending its resolution.
## VENDOR-HELD RECORDS ##
In Rodriguez v. City of Stanwood & Sedro-Woolley (Skagit County Superior Court, No. 22-2-00477-29, Nov. 6, 2025), the court held that ALPR data held by a third-party SaaS vendor on behalf of a government agency is a public record subject to PRA disclosure, and that vendor custody does not relieve the agency of its production obligation. That ruling is currently on appeal to the Washington Court of Appeals, Division 1; the appeal does not stay the disclosure obligation. Each request below that encompasses vendor-held records is made on this basis. Please retrieve and produce all responsive records held by your ALPR vendor(s) on your agency's behalf.
## ELECTRONIC REPRODUCTION AND THE DUTY TO PRODUCE ##
I seek existing records only. I understand that no agency is required to create a new record in response to a PRA request. However, producing a screenshot or other faithful reproduction of an existing electronic display is not creating a new record — it is reproducing an existing one, in the same manner as photocopying or scanning a paper document. Where a requested record exists only as a display within a software interface, a screenshot or faithful reproduction of that display, or an export of that display to any available file format (including CSV, PDF, or JSON), is an acceptable and required form of production.
## FEE REQUEST ##
I am requesting these records for research and public interest purposes, submitted through MuckRock, a nonprofit journalism platform. I request that your agency consider waiving any fees given that this request is submitted for research and public interest purposes and that electronic production of the requested records should entail minimal or no actual cost under RCW 42.56.120. For any anticipated costs, please notify me before incurring them so that I may prioritize or narrow the request. This notification requirement should not be construed as authorization to delay production of records for which no fee will be incurred pending resolution of fees for other records in this request
## RECORDS REQUESTED ##
Pursuant to the Washington Public Records Act, I hereby request the following records:
1. All existing ALPR scan records (e.g., stored in your agency's ALPR system or any system used to store, process, or query ALPR data, such as Axon Evidence.com, Flock Safety portal, or Motorola/Vigilant), including all metadata fields associated with each record as captured and stored by the system. This includes but is not limited to: license plate number, timestamp, GPS coordinates, camera or device identifier, lane identifier, direction of travel, confidence score, vehicle make, vehicle model, vehicle color, image file metadata, and any field capturing information about vehicle occupants or associated individuals.
2. All system audit logs associated with the records in item 1, as natively maintained in your agency's systems or your vendor's systems, reflecting every query performed against your agency's ALPR system, including for each query: the date and time, the user identifier or badge number of the querying user, the Originating Agency Identifier (ORI) of the querying agency, and the entry in the "reason for search," "justification," "purpose," or equivalent field. Where no justification was entered for a query, the log entry reflecting that absence is itself a responsive record and should be produced.
To facilitate partial rolling production while the full dataset is being compiled, please prioritize production of records associated with the following specific license plates. Prioritizing these plates does not limit or waive any part of this request:
Seattle Police Department specialized and long-service fleet vehicles
(from City of Seattle fleet records; plates may have been re-registered
but vehicles are believed to remain in service):
c. 50816D — Surveillance trailer (Skywatch Sentinel, 2010)
d. 50887D — Hybrid command center (2007, est. replacement 2031)
e. 54180D — Police armored vehicle (2011, est. replacement 2031)
f. 43500D — Bomb squad trailer (2005)
g. 26073D — Bomb containment vessel trailer (1997)
h. 41461D — Communications van (2005)
i. 44372D — Command vehicle (2005)
j. 54148D — Riot fencing trailer (2011)
k. 54362D — CSI van with generator (2012)
l. 50295D — SWAT cutaway van (2008)
m. 54117D — CSI van (2011)
n. 24208D — Weapons vehicle (1987)
Washington State fleet vehicles (by plate pattern):
o. All plates with the prefix or suffix "WSP"
p. All plates with the prefix "XMT"
Other:
a. BCH-478
b. 826-ZVA
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.
Sincerely,
Phil Mocek
View request history, upload responsive documents, and report problems here:
https://www.muckrock.com/respond/2238464/
Filed via MuckRock.com
E-mail (Preferred): 206495-40175727@requests.muckrock.com
PLEASE NOTE OUR NEW ADDRESS
For mailed responses, please address (see note):
MuckRock News
DEPT MR 206495
263 Huntington Ave
Boston, MA 02115
PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.
Timeframe
Notes
External message received
INVOICE - PDR 2108125: https://yakimawa.box.com/s/umx3hrehgxrcxwiueo8ag9yrierbzf8t
Payment due within 30 days.
Today’s installment has put your responsive records over the $2.00 threshold for waiver of fees. To date, the City has produced 164 records responsive to your request. Payment is due within 30 days, on or before October 1, 2026, to continue receiving records. If payment is not received on or before October 1, 2026, no additional installments of records will be produced and your request will be closed as abandoned for non-payment. The City is unable to receive payment via the portal. Instructions for payment by mail are provided in the invoice.
The City has 519 open requests,99 were received prior to yours and of those, 67 are considered complex. These factors influence the time necessary to respond to your request. Your request is considered complex because it requests records for more than a two-year time, involves multiple technology applications, and requires third-party vendor assistance to access requested records. For information regarding complex requests please refer to the City of Yakima’s Public Records Act Procedures: City-of-Yakima-Public-Records-Act-Procedures-08-2024.pdf and the City’s Master Fee Schedule for costs associated with public records: 2026 Fee Schedule
I assist the Public Records Officers with complex requests, such as yours, as my time allows in addition to the other priority duties of my job description, including but not limited to, coverage for City Clerk duties as needed, LEOFF1 pension duties, records management responsibilities, mandatory training, attendance at various meetings required and/or necessary and beneficial to my job duties, supervision of and coverage for staff during scheduled and unscheduled leave, personal leave, and scheduled and emergent Family Medical Leave.
Pursuant to RCW 42.56.520, additional time is necessary to receive payment for records produced to date, and assuming payment is received, gather and review additional records and remove ALPR data which is not subject to the Public Records Act. I anticipate providing an update on the status of your request on or near October 2, 2026. If payment is received you can expect an installment of records on October 15, 2026. Thank you.
External message received
PDR 2108125: https://yakimawa.box.com/s/0oebpysmfvp7cuqszq1qcpx5jbni79aj
The link will be active for 30 days for review or download of the records.
The link in this email contains 51 files, the AXON Internal ALPR Activity reports, Network ALPR Activity reports, ALPR Hotlist Management reports, and ALPR Data Sharing reports for 03-2025 through the date of your request March 12, 2026.
Automated License Plate Reader data is not subject to the Public Records Act and is not provided in response to public records requests.
The City of Yakima does not produce ALPR data:
Automated license plate reader data collected by or on behalf of an agency, as authorized pursuant to RCW 10.130.030(2), shall not be used or shared for any other purpose and shall not be retained longer than 21 days
RCW 10.130.040.
ALPR data is defined as:
(3) "Automated license plate reader data" means all data collected by automated license plate reader systems including, but not limited to, global positioning system coordinates, location, date and time, speed of travel, photograph, license plate number, automobile characteristics, or other identifying information.
RCW 10.130.020
External message received
Mr. Mocek: On August 4, 2026 I indicated I would provide a status update on your request on August 20, 2026, not a completion date, due to the City's efforts to obtain records from a third-party vendor.
I was copied on an email yesterday, August 20, 2026 at 4:44 p.m. from Axon to the Yakima Police Department and City's ITS division regarding the process to obtain ALPR records from Axon. The City's ITS division is working with the vendor to obtain those records.
I anticipate providing a status update on your request on September 1, 2026, and I hope, but cannot guarantee, to provide an installment of records at that time. Thank you for your continued patience.
External message received
Thank you; submitting your correspondence to the record: August 20, 2026
This is a follow up to request number 2108125:
To Whom It May Concern:
I'm following up on the following Washington Public Records Act request, copied below, and originally submitted on March 12, 2026. You had previously indicated that it would be completed on Aug. 20, 2026. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #2108125.
Thanks for your help, and let me know if further clarification is needed.
External message received
The Yakima Police Department has requested assistance from the City’s ITS division for audit records relating to other ALPR software utilized by the Yakima Police Department. I do not yet have records for any other ALPR software other than what you previously received.
I anticipate your next installment of records may result in fees; the number of records is likely going to put your request over the $2.00 waiver threshold. Please see the City’s Master Fee Schedule (pg. 17) for costs relating to public records: Revised 25 Fee Schedule.
I recently noticed that you have two open requests with the City of Yakima (2108125 and 2108156). To ensure adequate response to your requests, I will respond to them in the order they were received, currently 2108125 received on March 12, 2026.
I assist the Public Records Officers with complex requests, such as yours, as my time allows in addition to the other priority duties of my job description, including but not limited to, coverage for City Clerk duties when necessary, LEOFF1 pension duties, records management responsibilities, mandatory training, attendance at various meetings required and/or necessary and beneficial to my job duties, supervision of and coverage for staff during scheduled and unscheduled leave, personal leave, and scheduled and emergent Family Medical Leave.
Based on you having multiple open requests, my current workload, the volume and complexity of open public requests I am currently assisting with, the complexity of this request for records which must be obtained from third-party vendors and contain information not subject to the Public Records Act, requiring removal of that information; other mandatory duties of the City Clerk’s office and my job description as described above; and, pursuant to RCW 42.56.520, additional time is necessary to gather and review records and remove data which is not subject to the Public Records Act. You may expect an update on the status of this request on or near August 20, 2026. Thank you.
External message received
PDR 2108125: https://yakimawa.box.com/s/u5hucakqpbaxux5wj73xczzqffo2c8y4
The link will be active for 30 days for review or download of the records.
Some records responsive to your request contain automated license plate reader data (ALPR) such as license plate numbers and other vehicle related data collected or retained by Flock ALPR system; such data is not subject to the Public Records Act. Pursuant to Engrossed Substitute Senate Bill 6002 (2026), automated license plate reader (ALPR) data is not subject to the Public Records Act. Therefore, the City does not produce ALPR data in response to public records requests.
Based on my current workload, the volume and complexity of open public requests, the complexity of this request which it requests audit records of third-party software and removal of information which is not subject to the Public Records Act; other mandatory duties of the City Clerk’s office and my job description including, but not limited to, LEOFF1 pension and records management duties, supervision of and coverage for staff during scheduled and unscheduled leave, personal leave, and scheduled and emergent Family Medical Leave; and, pursuant to RCW 42.56.520, additional time is necessary to gather and review responsive records. I expect to provide an installment of records August 4, 2026, or sooner if time allows. Thank you.
External message received
PDR 2108125: https://yakimawa.box.com/s/jkkd9wh38ngda9dzdqmjlbxmr47fmo22
The link will be active for 30 days for review or download of the records.
Some records responsive to your request contain automated license plate reader data (ALPR) such as license plate numbers and other vehicle related data collected or retained by Flock ALPR system; such data is not subject to the Public Records Act. Pursuant to Engrossed Substitute Senate Bill 6002 (2026), automated license plate reader (ALPR) data is not subject to the Public Records Act. Therefore, the City does not produce ALPR data in response to public records requests.
Based on my current workload, the volume and complexity of open public requests, the complexity of this request including records which contain information not subject to the Public Records Act; other mandatory duties required by statute and my job description including LEOFF1 pension duties, supervision of and coverage for staff during scheduled and unscheduled leave, personal leave, and scheduled and emergent Family Medical Leave; and, pursuant to RCW 42.56.520, additional time is necessary to review responsive records. I anticipate providing an update on the status of your request on or near July 14, 2026. Thank you.
External message received
PDR 2108125: https://yakimawa.box.com/s/ysj4jo2p7ggkahpawrbq38hzczpl1v0z
The link will be active for 30 days for review or download of the records.
Some records responsive to your request contain automated license plate reader data (ALPR) such as license plate numbers and other vehicle related data collected or retained by Flock ALPR system; such data is not subject to the Public Records Act. Pursuant to Engrossed Substitute Senate Bill 6002 (2026), automated license plate reader (ALPR) data is not subject to the Public Records Act. Therefore, the City does not produce ALPR data in response to public records requests.
The City has 352 open requests, 108 were received prior to yours and of those, 72 are considered complex. These factors influence the time necessary to respond to your request. Your request is considered complex because the records received from the third party vendor contain information that is not subject to the Public Records Act and requires manual review and removal. For information regarding complex requests please refer to the City of Yakima’s Public Records Act Procedures: City-of-Yakima-Public-Records-Act-Procedures-08-2024.pdf
Based on my current workload, the volume and complexity of open public requests, the complexity of this request including records which contain information not subject to the Public Records Act; other mandatory duties required by statute and my job description including LEOFF1 pension duties, supervision of and coverage for staff during scheduled and unscheduled leave, personal leave, and scheduled and emergent Family Medical Leave; and, pursuant to RCW 42.56.520, additional time is necessary to review responsive records. I anticipate providing an update on the status of your request on or near June 18, 2026, or sooner if time allows. Thank you.
External message received
PDR 2108125: https://yakimawa.box.com/s/59s0qz55ud4sb5mowqlc6bx7sn77dy48
The link will be active for 30 days for review or download of the records.
Some records responsive to your request contain automated license plate reader data (ALPR) such as license plate numbers and other vehicle related data collected or retained by Flock ALPR system; such data is not subject to the Public Records Act. Pursuant to Engrossed Substitute Senate Bill 6002 (2026), automated license plate reader (ALPR) data is not subject to the Public Records Act. Therefore, the City does not produce ALPR data in response to public records requests.
The link in this email contains an installment of audit records from the Flock Yakima WA PD Org Audit from the Yakima Police Department. The data in the License Plate and Filters fields have been removed. Other areas in which ALPR data was listed has been removed and will be noted by [REMOVED].
The extension provided in my earlier email to you remains for June 4, 2026. Thank you.
External message received
I have not received any response from the Yakima Police Department to my last two inquiries about audit reports for any other ALPR capable technology. I have sent another request today.
Pursuant to RCW 42.56.520, additional time is necessary to obtain records from the Yakima Police Department. I anticipate providing an update on the status of your request on or near June 4, 2026. Thank you.
External message received
Submitting your correspondence to the record: May 20, 2026
This is a follow up to request number 2108125:
To Whom It May Concern:
I'm following up on the following Washington Public Records Act request, copied below, and originally submitted on March 12, 2026. You had previously indicated that it would be completed on May 20, 2026. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #2108125.
Thanks for your help, and let me know if further clarification is needed.
External message received
Thank you for your inquiry regarding your request. Your request was entered into the City of Yakima’s RecordsApp portal by a Yakima Police Department (YPD) staff member on March 12, 2026 at 1:49 p.m. I received the request near that time and assigned additional YPD staff at 2:07 p.m., 2:12 p.m., 2:13 p.m. and 3:36 p.m. after communications with YPD about the request. At 4:17 p.m. a YPD staff member entered a note into the RecordsApp Portal stating: Made Kodex request #(Flock-391) in response to your request to: 1) suspended any automated deletion, overwrite, or purge process that would destroy records falling within the scope of this request, whether operating on your agency's own infrastructure or on vendor-managed infrastructure over which your agency holds and/or held a contractual right of access or retrieval, and 2) issued a written instruction to your ALPR vendor(s) directing them to halt any automated deletion of records within the scope of this request pending its resolution.
Correspondence to you on April 20, 2026 is from me, personally, via the RecordsApp portal, which is used to monitor, track and respond to public records requests received by the City of Yakima. As the Records Administrator, I assist the two Public Records Officers as my time allows, in addition to other mandatory duties of my position.
The City of Yakima has 281 open public records requests. 127 requests were received prior to yours; 87 of the 127 are considered complex for various reasons. Your request is considered complex because it requires obtaining records from multiple third-party vendors. For information regarding complex requests and how the City responds to requests for public records, please refer to the City of Yakima’s Public Records Act Procedures: City-of-Yakima-Public-Records-Act-Procedures-08-2024.pdf
Currently, your request remains open while staff continue to gather and review records responsive to your request and determine if the records are subject to public disclosure. Thank you.
External message received
SUBMITTING YOUR CORRESPONDENCE TO THE RECORD:
From: 206495-40175727@requests.muckrock.com <206495-40175727@requests.muckrock.com>
Sent: Tuesday, April 21, 2026 12:59 PM
To: Public Records <Public.Records@yakimawa.gov>
Subject: RE: Washington Public Records Act Request #2108125
Yakima Police Department
Washington Public Records Act Office
200 South 3rd Street
Yakima, WA 98901
April 21, 2026
This is a follow up to request number 2108125:
Dear Yakima Police Department,
Please confirm that as I requested on March 11, 2026, you 1) suspended any automated deletion, overwrite, or purge process that would destroy records falling within the scope of this request, whether operating on your agency's own infrastructure or on vendor-managed infrastructure over which your agency holds and/or held a contractual right of access or retrieval, and 2) issued a written instruction to your ALPR vendor(s) directing them to halt any automated deletion of records within the scope of this request pending its resolution.
I received your unsigned message of April 20. It appears to me that you simply "waited out the clock" on implementation of SB 6002, the Driver Privacy Act, in order to avoid providing public access to these public records. I requested records on March 11, weeks before governor Ferguson signed the bill into law. ALPR scan records should be available via a simple database export that takes minutes to accomplish. There is no doubt after Rodriguez v. City of Stanwood & Sedro-Woolley that those records are public.
In your message, you stated that, "all ALPR data the City currently possesses that does not qualify for retention under SB 6002 will be deleted as required by law." I request that you refrain from destruction of evidence.
RCW 42.56.100 requires that "[i]f a public record request is made at a time when such record exists but is scheduled for destruction in the near future, the agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives shall retain possession of the record, and may not destroy or erase the record until the request is resolved." WAC 44-14-03005 states, "An agency is prohibited from destroying a public record, even if it is about to be lawfully destroyed under a retention schedule, if a public records request has been made for that record."
WAC 44-14-03005 also states, " Additional retention requirements might apply if the records may be relevant to actual or anticipated litigation. The agency is required to retain the record until the record request has been resolved." I trust that you will maintain ALPR data until at least one year after resolution of any and all requests for those records are closed, when the statute of limitations on PRA violations runs out, potentially ending the potential for litigation that I trust you currently anticipate.
Cordially,
Phil Mocek
View request history, upload responsive documents, and report problems here:
https://www.muckrock.com/respond/2271436/
Filed via MuckRock.com
E-mail (Preferred): 206495-40175727@requests.muckrock.com
PLEASE NOTE OUR NEW ADDRESS
For mailed responses, please address (see note):
MuckRock News
DEPT MR 206495
263 Huntington Ave
Boston, MA 02115
External message received
Pursuant to Engrossed Substitute Senate Bill 6002 (2026), automated license plate reader (ALPR) data is not subject to the Public Records Act. Therefore, the City does not produce ALPR data in response to public records requests. Additionally, all ALPR data the City currently possesses that does not qualify for retention under SB 6002 will be deleted as required by law.
I am still waiting for additional response from the Yakima Police Department regarding audit records for other ALPR capable technology.
Based on my current workload, the volume and complexity of open public requests, the complexity of this request involving third party vendor to obtain data, other mandatory duties required by statute and my job description including LEOFF1 pension duties, coverage for staff during scheduled and unscheduled leave, personal leave, upcoming out of town training, and scheduled and emergent Family Medical Leave; and, pursuant to RCW 42.56.520, additional time is necessary to gather records. I anticipate providing an update on the status of your request on or near May 20, 2026, or sooner if time allows. Thank you.
External message received
PDR 2108125:https://yakimawa.box.com/s/0hqbuivv9sjnrxkkrk1qe0y5r10t9ks7 The link will be active for 30 days for review or download of the records.
Mr. Mocek: The link in this email contains the Yakima Police Department Flock Network Audit and Organization Audit.
Based on my current workload, the volume and complexity of open public requests, the complexity of this request involving third party vendor to obtain data, other mandatory duties required by statute and my job description including LEOFF1 pension duties, coverage for staff during scheduled and unscheduled leave, personal leave, upcoming out of town trainings, and scheduled and emergent Family Medical Leave; and, pursuant to RCW 42.56.520, additional time is necessary to review additional records. I anticipate providing an update on the status of your request on or near April 21, 2026, or sooner if time allows. Thank you.
External message received
Thank you for submitting a public records request to the City of Yakima.
We anticipate 5 business days to respond or provide an update to this request.
A response can be the following:
- a question about your request
- an estimate on when your records will be delivered
- a note explaining why the records cannot be released
- some or all of the records you requested
Whitelist or add public.records@yakimawa.gov to your address book or safe sender list to receive all emails regarding your request.
If you have an urgent matter, please phone our office at 509-575-6037