June 18, 2004

EFF May 13, 2004 Boeing public records requests

May 13, 2004

Nancy Krier
Assistant Attorney General
PO Box 40110
Olympia, WA 98504

Martha Choe
7E7 Project Coordinator
PO Box 42525
Olympia, WA 98504

Dear Ms. Choe and Ms. Krier:

In accordance with RCW 42.17.250 et seq. and Judge Pomeroy's order of March 26, please produce for my review the following public records:

1) Per Section 3.5 of the state's agreement with Boeing, please provide a copy of the state's contract with the "qualified, reputable, experienced, independent nationally recognized consulting firm" that conducted "a comprehensive economic study and analysis of the impacts and benefits of Project Olympus for the State, its citizens and its taxpayers."

Please also provide a copy of this analysis. According to Section 3.5 of the Boeing agreement this consultant was to be retained within 60 days of December 19 and its written study and analysis within 150 days of December 19.

2) Per Section 7.3 of the Boeing agreement, please provide a copy of the required executive order or any other document that would be responsive to this section.

3) Per Section 10.2 of the Boeing agreement, please provide a copy of all the authorizing governmental resolutions required by this section (referenced as those documents that were to make up the blank Exhibit F).

4) Per Section 7.4 of the Boeing agreement, please provide a copy of all documents responsive to the establishment of the Aerospace Futures Board (AFB). Please also provide a copy of all the AFB's organizational documents, including by-laws, as well as a list of the AFB's membership.

5) Per Section 11.3 through 11.3.4 of the Boeing agreement, please provide the total dollar amount to date reimbursed to Boeing or Boeing's requested reimbursement amount as a result of their enjoining in the EFF v. Governor Locke/CTED Boeing public records lawsuit.

For each number above (1-5), if no documents exist, please provide the waivers as required by Section 12.23 of the Boeing agreement.

By records, I am referring to this State's official legal definition, which "includes any writing" and the definition of writing means "handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form of communication or representation, including letters, words, pictures, sounds; or symbols or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, magnetic or punched cards, discs, drums, and other documents." This definition includes emails both incoming and outgoing and correspondence on this issue.

Either CTED or Ms. Krier as the agent of CTED has a duty to respond to this request within five days pursuant to RCW 42.17.320.

Thank you for your assistance. I would appreciate being notified as soon as these documents are available (360-956-3482).

Sincerely,

Jason Mercier
Budget Research Analyst

Evergreen Freedom Foundation P.O. Box 552, Olympia, WA 98507 Phone: (360) 956-3482, Fax: (360) 352-1874 Email: effwa@effwa.org