August 1, 2022 Dena Jensen

Sometimes the failure of government officials to respond, or the length of time it takes them to respond, provides some of the answer to the questions you are asking. 

As you will see in the string of emails I have sent to Bellingham City Council President Hannah Stone related to Bellingham Police Department officers being advised, back in January of 2021, to delete texts weekly, there are a number of examples of recent newsworthy issues, to which such concerning advice is relevant – one national, one in a large city in WA state, and one here in Whatcom County. 

It seems like letting the community know you have addressed this matter, or will be addressing it imminently, should be a high priority. The absence of a response to my questions seems to indicate the priority level is low. 

Here are my emails, the latest follow up is on top. My original inquiry with details about the subject matter, sent to both Mayor Fleetwood and Council Member Stone, is at the bottom. I sent similar follow ups to Mayor Fleetwood:

Sent: Monday, August 1, 2022, 11:19:59 AM PDT

Subject: Third follow up RE: Questions related to BPD officers being advised to delete texts weekly

Dear Council President Stone:

I continue to seek answers to my questions, sent to you in mid June this year, related to BPD officers being advised to delete texts weekly. I know you have always been responsive to my questions in the past and am grateful for that. 

An issue of local law enforcement accountability again surfaced this past week with the arrest of Ferndale Police Department’s Officer Michael Langton for one count of attempted second-degree child molestation. Officer Langton has been investigated by Ferndale PD regarding a different issue, and has had numerous complaints and some court cases filed against him, but he has never been held accountable for such charges and claims against him. Related to his recent arrest, the Bellingham Herald reported that Officer Langton was observed to have burned some records and his phone was restored to factory settings before it was seized. 

To me Officer Langton’s history is relevant to many police accountability issues, and the treatment of text messages related to the conduct of public business as public records that should be retained is definitely one of them.

I have included my previous emails inquiring about actions you have taken to address Bellingham Police Department officers being advised in January 2021 to delete their texts weekly according to tips sent out to the department by BPD Deputy Chief Scott Grunhurd. My original June 16, 2022 email with my questions (in bold type) and those tips, along with my first follow up email from last week, is at the bottom of the previous follow up email that I have sent you. I continue to follow up with Mayor Fleetwood, as well.

Sincerely, 

Dena Jensen

Birch Bay, WA

dbobena@yahoo.com

—– Forwarded Message —–

From: dbobena@yahoo.com <dbobena@yahoo.com>

To: Hannah E. Stone <hestone@cob.org>

Sent: Tuesday, July 26, 2022, 08:29:27 AM PDT

Subject: Second follow up RE: Questions related to BPD officers being advised to delete texts weekly

Dear Council President Stone:

I am sending this email to remind you of my request for answers about actions you have taken to address Bellingham Police Department officers being advised in January 2021 to delete their texts weekly according to tips sent out to the department by BPD Deputy Chief Scott Grunhurd. My original June 16, 2022 email with my questions (in bold type) and those tips, along with my first follow up email from last week, are included with this email. 

I look forward to your response.

Sincerely, 

Dena Jensen

Birch Bay, WA

dbobena@yahoo.com

—– Forwarded Message —–

From: dbobena@yahoo.com <dbobena@yahoo.com>

To: Hannah E. Stone <hestone@cob.org>

Sent: Tuesday, July 19, 2022, 06:28:33 PM PDT

Subject: Follow up RE: Questions related to BPD officers being advised to delete texts weekly

Dear Council President Stone:

I had sent this email to you last month, back on June 16, 2022 and wanted to follow up to again request a response to my questions in that email. The current national news regarding the potential unauthorized deletion of texts related to the January 6, 2021 insurrection at the U.S. Capitol in Washington D.C. is reminding me of how significant the tips are that were sent out by Bellingham Police Department Deputy Chief Scott Grunhurd (coincidentally in early January 2021.) This is in regard to the importance of text messages related to the conduct of public business being retained as potentially valuable public records.

I am providing a link here to the June 10, 2022 Facebook post by the Washington Coalition for Open Government which I referenced in my June 16 email included below. I am not sure the link I provided in that email was a working link. 

Meanwhile, my questions are bolded in the attached email. I appreciate that you receive many emails that take time to read and answer, but I also look forward to receiving your response as soon as it is possible for you to do so. 

Sincerely, 

Dena Jensen

Birch Bay, WA

dbobena@yahoo.com

—– Forwarded Message —–

From: dbobena@yahoo.com <dbobena@yahoo.com>

To: mayorsoffice@cob.org <mayorsoffice@cob.org>; Hannah E. Stone <hestone@cob.org>

Cc: rmertzig@cob.org <rmertzig@cob.org>; Kristina Michele <kmichele8543@gmail.com>; Michael W. Lilliquist <mlilliquist@cob.org>; ehwilliams@cob.org <ehwilliams@cob.org>; Hollie A. Huthman <hahuthman@cob.org>; Daniel C. Hammill <dchammill@cob.org>; Lisa A. Anderson <laanderson@cob.org>

Sent: Thursday, June 16, 2022, 06:48:15 PM PDT

Subject: Questions related to BPD officers being advised to delete texts weekly

Dear Mayor Fleetwood and Bellingham City Council President Stone:

This week, I came across a June 10, 2022 Facebook post by the Washington Coalition for Open Government. (You can click the link to access the post.) This is the opening paragraph of the post: 

“The matter of Seattle officials’ mass deletions of text messages related to the 2020 racial-justice protests just gets curiouser and curiouser. And stinkier and stinkier. When will Governor Jay Inslee order a proper investigation?” 

I feel the full post and attached article contain important details for you to read and of which to be aware. In the case of Seattle officials’ handling of text messages regarding the 2020 racial-justice protests, records requests had been made for which those texts should have been provided. 

I am not trying to say in this email that any Bellingham officials necessarily deleted text messages after public records requests had been made to which they would have been subject. 

What I feel is worthy of concern is the Bellingham Police Department encouraging practices that would have its officers purging emails on a weekly basis so they don’t have to be produced in response to a public records request, should one be submitted that those records could be responsive to.

Related to all of this:

1. I wanted inquire if any type of action has been taken by either of you, or by the Bellingham Police Chief or Deputy Chiefs to express concern, inquire about, and/or address the problematic situation described below? 

2. If not, do you intend to do so soon? 

I had written about the following situation on my blog previously in late August of 2021 in this chapter of my review of obstacles to equity related to government actions in response to Camp 210, “Chapter Three: The Police Department – Whatcom Barriers to Equity, a review for 2021 candidates”. I have previously sent links to you for this and other chapters of the review.

In January 15, 2021 Bellingham Police Department Deputy Chief Scott Grunhurd sent a preemptive email to fellow BPD employees advising them to regularly get rid of their text messages so they don’t have to be produced for a pubic records request. 

The email went out to BPD employees two weeks before a sweep of a homeless encampment on Bellingham City Hall lawn, known as Camp 210. 

Here’s an excerpt of Deputy Chief Grunhurd’s email:

“’Tips’ (in no particular order):

1. Assume all of your communications are subject to public disclosure. Is your communication something you want to see in the newspaper and then have to explain why you wrote it?

2. Practice good communications retention. Text messages and voice mails are considered transitory. Generally, there is no expectation or requirement to keep or retain them.

• However, if you do keep them and a request for them is made, you have to produce them. I’m sure you’ve seen the emails from Erin or Brandi.

• If you regularly purge these items, then the records bureau doesn’t have to provide them because they don’t exist (it saves work for them).

• I suppose if there is a text message or voice mail that becomes essential to a case, it can be kept or preserved in a different way.

• A good suggestion is to delete those things at the end of your work week.

3. Don’t assume that because you deleted a text or e-mail that it is gone. It went somewhere, and someone else may have a copy of it in their communications.

4. “Humor” doesn’t belong in your professional work related/based communications.

• You may think a comment is humorous and harmless when you send it. However, it doesn’t mean that others who read it feel the same way (internal members or outside parties).

• “Humor” is a subjective thing, which can make it risky. People perceive things differently.

• Simply put, humor isn’t professional and doesn’t belong in your departmental communications.

• If you didn’t add “humor” in the first place, then you don’t have to, possibly, explain the reasons you put in there to an investigator, prosecutor, defense attorney etc…..

5. Keep your e-mails and voice mail accounts “Cleaned up”. If you are done with it and aren’t required to keep it, get rid of it.

6. Know the difference between reply and reply all in your e-mail responses.

7. If your not sure your communication reads well, have someone else review it prior to sending it.”

You can read the full email at this link: https://noisywatersnw.files.wordpress.com/2021/08/departmental-communications-grundhurd.pdf

Here are two more items to help provide perspective:

1. A City of Bellingham document, titled, “Scenario 2 Notes Attorney Client 1-6-21,” noted that, as of nine days prior to Deputy Chief Grunhurd’s January 15 email, the City was anticipating “legal action to block end of encampment.”

2. Had BPD officers been following Deputy Chief Grunhurd’s tips in 2019, it could have resulted in eliminating evidence relevant to some BPD officers’ involvement in the so-called prank described in The Bellingham Herald article, “Bellingham police officers used man with mental health issues for prank, records show.” In turn, this could have further reduced the potential for police accountability in such a matter.

In the past, I have heard some Bellingham City Council Members and Bellingham Police Department officials express enthusiasm for transparency within their agencies. And yet, to me, it is obvious that encouraging practices to not retain text messages for the purpose of avoiding the need to provide the public with records in connection with the transaction of public business is an obstruction of transparency and defies the spirit of the Public Records Act, if not the letter of it. 

I look forward to your response to my two questions that are bolded and numbered in this email. Thank you.

Sincerely,

Dena Jensen

Birch Bay, WA

dbobena@yahoo.com.