HomeMy WebLinkAbout3a. Declaration of Tamara Crisp in Support of City of Renton's Opposition to Tracfone's Motion to Compel Audit File1
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{KCO2366606.DOCX;1/07851.000003/ }
DECLARATION OF TAMARA CRISP IN SUPPORT OF CITY OF RENTON’S
OPPOSITION TO TRACFONE’S MOTION TO COMPEL AUDIT FILE - 1
OGDEN MURPHY WALLACE, PLLC
901 5th Ave, Suite 3500
Seattle, WA 98164
Tel: 206-447-7000/Fax: 206-447-0215
BEFORE THE HEARING EXAMINER OF THE CITY OF RENTON RE: TracFone Wireless, Inc. Administrative Appeal
DECLARATION OF TAMARA CRISP IN SUPPORT OF CITY OF RENTON’S OPPOSITION TO TRACFONE’S MOTION TO COMPEL AUDIT FILE
I, Tamara Crisp, declare under penalty of perjury under the laws of the State of Washington that
the following is true and correct:
1. I am over the age of eighteen, and I am competent to testify in court as to the matters set
forth herein and make this declaration based upon my personal knowledge.
2. I have worked for Tax Recovery Services, LLC (“TRS”) since 2004. At TRS, I am part
owner and the company’s Vice President for Administration and Technical Analysis, and I have been
performing many of the more complicated audits for the company since 2012.
3. The City of Renton (‘the City”) and TRS produced TRS’s Audit File as it was kept in
TRS’s ordinary course of business.
4. TRS believes in good faith that it has produced the full Audit File in its possession
without changing the content in any material way. I have followed-up and repeatedly obliged TracFone’s
requests to add additional information beyond the usual contents of the TRS Audit File, such as
providing TracFone’s own zero dollar tax returns for every month of the audit, hundreds of pages of e-
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{KCO2366606.DOCX;1/07851.000003/ }
DECLARATION OF TAMARA CRISP IN SUPPORT OF CITY OF RENTON’S
OPPOSITION TO TRACFONE’S MOTION TO COMPEL AUDIT FILE - 2
OGDEN MURPHY WALLACE, PLLC
901 5th Ave, Suite 3500
Seattle, WA 98164
Tel: 206-447-7000/Fax: 206-447-0215
mails that TracFone already had in its possession and which required heavy and careful redaction to
protect TracFone’s own privacy, discarded tax schedules with inferior methods of presentation and
calculation that were generated during the iterative audit process, revenue data from TracFone that was
discarded because it was missing one of the zip codes, and miscellaneous items, such as electronic
scratch paper tabulating data for pasting onto early schedules. These examples are meant to highlight
the broad extent of TracFone’s requests for supplementation, which go beyond what TRS considers as
its Audit File.
5. In total, the City and TRS produced for TracFone supplemental information, beyond what
cities and auditors generally consider to be the audit file, an additional six times.
6. TracFone’s latest request on January 13, 2021, which is the subject of TracFone’s Motion
to Compel, sought (1) a complete re-creation of copies of all correspondence to and from TracFone, but
in a particular form and using a particular method of redaction; and (2) the dates each version of different
schedules were created. Attached hereto as Exhibit A is a true and correct copy of TracFone’s January
13, 2021 e-mail request.
7. On January 22, 2021, I responded to TracFone’s January 13, 2021 e-mail and produced
the supplemental information requested in an accurate and complete form of presenting the information
without repeating the 175 pages that had already been provided to TracFone. Attached hereto as
Exhibits B-D are true and correct copies of my response to Tracfone, dated January 22, 2021.
8. TRS has produced its complete Audit File to TracFone. TRS is not in possession of any
other information reasonably responsive to TracFone’s request.
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{KCO2366606.DOCX;1/07851.000003/ }
DECLARATION OF TAMARA CRISP IN SUPPORT OF CITY OF RENTON’S
OPPOSITION TO TRACFONE’S MOTION TO COMPEL AUDIT FILE - 3
OGDEN MURPHY WALLACE, PLLC
901 5th Ave, Suite 3500
Seattle, WA 98164
Tel: 206-447-7000/Fax: 206-447-0215
SIGNED this 12th day of February, 2021 at Spanaway, Washington.
By /s/Tamara Crisp
Tamara Crisp
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{KCO2366606.DOCX;1/07851.000003/ }
DECLARATION OF TAMARA CRISP IN SUPPORT OF CITY OF RENTON’S
OPPOSITION TO TRACFONE’S MOTION TO COMPEL AUDIT FILE - 4
OGDEN MURPHY WALLACE, PLLC
901 5th Ave, Suite 3500
Seattle, WA 98164
Tel: 206-447-7000/Fax: 206-447-0215
CERTIFICATE OF SERVICE
I, Kenya Owens, an employee of Ogden Murphy Wallace, PLLC, certify that on the date below,
I filed and served the Declaration of Tamara Crisp, and exhibits thereto, in support of Respondent City
of Renton’s Opposition to TracFone’s Motion to Compel Audit File via email on the following parties:
TracFone Wireless, Inc. Scott Edwards Lane Powell, PC 1420 5th Avenue, Suite 4200 Seattle, WA 98101 EdwardsS@LanePowell.com Grant S. Degginger Lane Powell, PC 1420 5th Avenue, Suite 4200 Seattle, WA 98101 DeggingerG@LanePowell.com
I declare under penalty of perjury under the laws of the State of Washington that the foregoing
is true and correct.
Executed at Seattle, Washington this 12th day of February, 2021.
/s/Kenya Owens
Kenya Owens
Legal Assistant