Victims?

Posted January 28th, 2008 by Joe Kaiser

If it's easier to simply create a list of these homeowners, that will suffice.

Dear Rob,

Of the last few public record requests made to your office, I have not received so much as a confirmation that the email was received.

Though I’ve repeatedly asked for such a confirmation (hardly an imposition), your office apparently is unwilling to do even that.

Kindly reconsider this approach. It makes the job of requesting public records that much more difficult. I can’t imagine that’s something your office encourages.

And, you should know, I’ve made another request . . .


My Email

To: publicrecords@atg.wa.gov

Below is a quote from the recent Spokane Review article (1/26/08), “Foreclosure White Knights Targeted,” regarding my companies . . .

“McKenna alleged that the companies told homeowners they would solve their foreclosure woes, only to let the homes go into foreclosure anyway and keep the money that otherwise would have gone to the homeowner.”

Kindly identify any “homeowners” Rob McKenna is talking about in this article, and please provide the related public record. If it’s easier to simply create a list of these homeowners, that will suffice.

To be completely clear, I am not seeking information about “non-rescue” situations (homes we purchased outright where there was no expectation or promise of the owner staying in the home).

Rather, I am interested specifically in transactions in which we are alleged to have promised to stop a homeowner’s foreclosure and failed to do so, forcing the homeowner from his home.

Joe Kaiser


Good luck, Rob

I think that’s about as clear as I can make it.

Again, please confirm receipt and please advise, per the statute, when I can expect these records (psssst . . . since they don’t exist, it should not take long to not find them).

In the arena,

Joe Kaiser


3 Responses to: “Victims?”

  1. olyguy responds:
    Posted: January 28th, 2008 at 3:20 pm

    Having given this much consideration, I think that criminal charges should be filed against Rob, the Gov and several other people.

    If a private citizen did what they have done and are doing, they could be charged for criminal offenses.

    You might consider screening the case with a PA who wants to build his rep. And then there are the feds who love to come in and clean house.

  2. Drew Hitt responds:
    Posted: January 28th, 2008 at 8:16 pm

    Joe,

    I hate when statutes use the term “reasonable” when talking about the turn around time of your requests.

    But the most interesting thing is defined on http://apps.leg.wa.gov/WAC/default.aspx?cite=44-14-03001 which outlines that public record could even be items on ones home computer used to relate to the “conduct of government”.

    Good thing you haven’t whipped that one out yet and asked for personal emails made from home. Or better yet any document “used in the decision making process”. Those definitions really say that once you refute what the AG has presented against you, you are basically entitled to every single scrap of public information they utilized against you. And should be provided that in a “reasonable” time frame.

    It’s amazing how they want to hold off on things, and I think they are freaking out that they picked the wrong guy.

    I even surprise my local government when I go and tell them I want to do a Public Records Request or a Freedom of Information request and they are so perplexed about it, but have no choice but to disclose what I am looking for. “Government is transparent.” I think that quote from one of our city’s attorneys’ sums it up best. You’ve got to back up what you bark, and be careful it doesn’t bite you back…

  3. Drew Hitt responds:
    Posted: January 28th, 2008 at 8:22 pm

    Well well well, even better.

    WAC 44-14-040 Processing of Public Records Requests – General.
    “(2) Acknowledging receipt of request. Within five business days of receipt of the request, the public records officer will do one or more of the following:
    (a) Make the records available for inspection or copying;

    (b) If copies are requested and payment of a deposit for the copies, if any, is made or terms of payment are agreed upon, send the copies to the requestor;

    (c) Provide a reasonable estimate of when records will be available; or

    (d) If the request is unclear or does not sufficiently identify the requested records, request clarification from the requestor. Such clarification may be requested and provided by telephone. The public records officer or designee may revise the estimate of when records will be available; or

    (e) Deny the request.

    (3) Consequences of failure to respond. If the (name of agency) does not respond in writing within five business days of receipt of the request for disclosure, the requestor should consider contacting the public records officer to determine the reason for the failure to respond.

    (4) Protecting rights of others. In the event that the requested records contain information that may affect rights of others and may be exempt from disclosure, the public records officer may, prior to providing the records, give notice to such others whose rights may be affected by the disclosure. Such notice should be given so as to make it possible for those other persons to contact the requestor and ask him or her to revise the request, or, if necessary, seek an order from a court to prevent or limit the disclosure. The notice to the affected persons will include a copy of the request.”

    Sounds pretty clear to me. Looks like you need to make a phone call Joe and ask the Public Records Officer why the delay that is against Washington State Statutes….

    Am I reading this wrong, or is something stepping on your rights Joe….


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