JOSEPH MCGHEE PO BOX 91 FLAGSTAFF, AZ 86002 FLAGSTAFF POLICE DEPARTMENT ATTN: CUSTODIAN OF PUBLIC RECORDS 911 E SAWMILL RD FLAGSTAFF, AZ 86001 RE: PUBLIC RECORDS REQUEST To whom it may concern: Pursuant to A.R.S. §§ -39-101 to -161, I, Joseph McGhee (“undersigned”), hereby request that the Flagstaff Police Department, within thirty (30) days of the receipt of this request, make available for my inspection and duplication, 1 the following public records in their entirety , related in any manner to the following: 2 1. All citizen complaints made to the Flagstaff Police Department regarding (Det.) Ryan Forsman since he became employed with FPD in any capacity. 2. All disciplinary actions taken by the Flagstaff Police Department against (Det.) Ryan Forsman since he became employed with FPD in any capacity. 3 3. All citizen complaints made to the Flagstaff Police Department regarding (Det.) Todd Martinet since he became employed with FPD in any capacity. 4. All disciplinary actions taken by the Flagstaff Police Department against (Det.) Todd Martinet since he became employed with FPD in any capacity. 5. Any and all communications, including email and text messages, between any employee of the Flagstaff Police Department and Flagstaff Mayor Paul Deasy, or any member of Mr. Deasy’s staff or any other City of Flagstaff employee acting on his behalf or at his direction including his counsel, in any manner regarding the undersigned, since Mr. Deasy’s election to this office. 1 Carlson v. Pima Cty. ,141 Ariz. 487, 491, 687 P.2d 1242, 1246 (1984) (As a general rule, "all records required to be kept under A.R.S. § 39-121.01(B), are presumed open to the public for inspection as public records."). 2 "Records" are defined in A.R.S. § 41-151.18 as: all books, papers, maps, photographs or other documentary materials, regardless of physical form or characteristics, including prints or copies of such items produced or reproduced on film or electronic media pursuant to § 41-151.16, made or received by any governmental agency in pursuance of law or in connection with the transaction of public business and preserved or appropriate for preservation by the agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations or other activities of the government, or because of the informational and historical value of data contained in the record, and includes records that are made confidential by statute. 3 Disciplinary records of public employees, including the employee responses to disciplinary actions, are public records. See A.R.S. § 39-128(A); A.A.C. R2-5A-105 6. Any and all communications, including email and text messages, between any employee of the Flagstaff Police Department and Governor Ducey, or any member of Mr. Ducey’s staff or any other State of Arizona employee acting on his behalf or at his direction including his counsel, in any manner regarding undersigned, since March 16, 2020. 7. Any and all communications, including email and text messages, between any employee of the Flagstaff Police Department and any employee of the Coconino Sheriff’s Department, regarding undersigned in any manner, since June 7, 2021. 8. Any and all communications, including email and text messages, between any employee of the Flagstaff Police Department and the Arizona Attorney General’s office, regarding undersigned in any manner, since March 16, 2020. 9. Any court orders sought by law enforcement, or granted, to permit access to the Coconino County Superior Court case file DO-2016-00407, which has been under seal since 2018. 10. Documentation, and copies thereof, of any communications between the Arizona Department of Child Safety (DCS) and the Flagstaff Police Department regarding the undersigned’s minor child, SILAS RAINN MCGHEE, since January 1, 2018. 11. Copies of any law enforcement investigation reports, findings, conclusions, and/or dispositions, including any unfinished drafts, 4 involving DARA MICHEL RABIN, since January 1, 2015. 12. Copies of any law enforcement investigation reports, findings, conclusions, and/or dispositions, including any unfinished drafts, involving the undersigned, since January 1, 2015 13. Whether any search was made by the Flagstaff Police Department of undersigned’s laptop or mobile phone after his arrest by Flagstaff Police on June 8, 2021. If such a search was made, include all documents related to this search, the scope of the search, the evidence sought in connection with this search, and contact information for each person involved in such search(es). 14. Any documents, materials, or other evidence, which shows the exact date and time that the GPS device owner-information related to the undersigned, requested from LandAirSea Asset Protection pursuant to a search warrant executed on or about June 7, 2021, was received by the Flagstaff Police Department. 15. Any communications, documents, or any other materials, including internal memos and official or unofficial policies, to or from any employee of the Flagstaff Police Department, which detail or describe in any manner the duties, procedures, or recommendations, for officers investigating stalking allegations. 4 Lake v. City of Phoenix , 220 Ariz. 472, 483, ¶ 36, 207 P.3d 725, 736 (2009), vacated in part on other grounds, 222 Ariz. 547, 218 P.3d 1004 (2009) (a draft or unfinished police report is a public record). 16. Any communications, documents, or any other materials, including internal memos, to or from any employee of the Flagstaff Police Department, which detail or describe in any manner case number CV-2021-0002-SA, McGhee v. Deasy, et al. , in the Arizona Supreme Court. 17. Any communications, including text messages or email, documents, or any other materials, including internal memos, to or from any employee of the Flagstaff Police Department, which detail or describe in any manner case number CV-20-08081-PCT- GMS, McGhee v. City of Flagstaff , et al. , in the U.S. District Court for the District of Arizona. With regard to this public records request, I explicitly request disclosure of all public records as defined in A.R.S. § 41-151.18 related in any manner to the enumerated requests set forth above . I need not specifically request each type of record (i.e., emails, text messages, documents, transcripts, etc.) in the separate requests enumerated above, because I have requested any and all public records related to these separate requests in their entirety. This request is therefore not overbroad. The purpose of this request is twofold: (1) I am a litigant against the State of Arizona in State v. McGhee, no. CR-21-00508, Coconino Superior Court; and (2) I intend to file suit against the City of Flagstaff, Flagstaff Police Department, and individuals, related to the investigation of the aforementioned criminal case. 5 Be advised that I will seek statutory special action relief pursuant to A.R.S. § 31-121.02, and an award of fees and costs, should the Flagstaff Police Department either deny, or fail to timely respond to, this request. If you have any questions you may feel free to contact me via telephone at (928) 600-0954, or by emailing to spurfy@icloud.com Sincerely, Joseph McGhee Cc: Dan Musselman, Chief Sterling Solomon, Flagstaff City Attorney 5 Bolm v. Custodian of Records of Tucson Police Dep’t , 193 Ariz. 35, 39, ¶ 10, 969 P.2d 200, 204 (App. 1998)( If a party to litigation against the State requests records under the Public Records Law, the party need not demonstrate that the "documents are relevant to anything" and therefore may obtain records that would not be discoverable in litigation).