DPA Calendars, Meetings, Communications, and Misconduct Records - Immediate Disclosure Request
It is a clone of this request.
| Submitted | Nov. 23, 2019 |
| Est. Completion | Feb. 28, 2020 |
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Communications
From: twitter.com/journo_anon Public Records Requester
Paul Henderson and DPA,
** Note that all of your responses (including disclosed records) may be automatically and instantly available to the public on the MuckRock.com FOIA web service used to issue this request (though I am not a MuckRock representative). Redact your responses correctly - once you send them to us there is no going back. **
This is a new Immediate Disclosure Request under the San Francisco Sunshine Ordinance and the CPRA, made on November 23, 2019, to Paul Henderson as an individual custodian of public records and to the Department of Police Accountability as a public agency.
Of the requests below, four (1a, 6, 8, and 9) are being made as immediate disclosure requests, and the others under regular Sunshine deadlines. Because you are specifically required to keep and disclose an SFAC 67.29-5 (aka "Prop G") calendar, you must be able to provide at least that immediately.
This is also an SFAC 67.21(c) request for statements of quantity, nature, existence, and form (even if content is exempt) for each of #1a,b,c, 2, 3, 4a,b,c,d, 5,6,7,8,9 -- you must provide these statements within 7 days without any form extension. For the quantity of #1, I am asking for the the number of events/meetings, each of which is a record being requested.
All records must be provided in rolling fashion (SFAC 67.25). If you use a web portal, you must publish all records open without login or terms and conditions; or you may provide records as attachments. You may not impose any conditions on me beyond than those of the CPRA (including any conditions that I must use a private entity's website which imposes terms and conditions).
Please read carefully the exact wording of my request. Please follow the Sunshine Ordinance and CPRA precisely as I am auditing your agency's public records regimen. As the City is aware, every violation of the Sunshine Ordinance or CPRA will be appealed immediately, including:
- any untimely or incomplete response, failure to provide records in a rolling fashion as soon as they are available, or failing to indicate whether you have responsive records or not for each request and whether you withheld any records for each request (SFAC 67.21, 67.25, Gov Code 6253(c)),
- withholding more than the minimum exempt portion of any record (SFAC 67.26),
- failure to justify with "clear reference" to an exemption statute or case law for each and every redaction or withholding, including any so-called 'metadata' (SFAC 67.26, 67.27),
- failure to provide "exact copies" of records (Gov Code 6253(b)),
- failure to provide the "electronic format in which [you] hold[] the information" (Gov Code 6253.9),
- failure to provide any "easily generated" format that we requested (SFAC 67.21(l)),
- refusing to provide the quantity of exempt records (SFAC 67.21(c)),
- redacting or withholding information whose exemption you have already waived by producing it to the public before (Gov Code 6254.5).
Definitions:
"Department Head" is Paul Henderson.
"Other Individual Custodians" is all Operations Manager(s), Sarah Hawkins, Diana Rosenstein, Tinnetta Thompson, Stephanie Wargo-Wilson, Susan Gray, and Brent Begin.
"Selected Custodians" is the Department Head and Other Individual Custodians.
"Communication Apps" is EACH of: text/SMS/MMS messaging, WhatsApp, Twitter, Instagram, Signal, Facebook, Facebook Messenger, Google Hangouts, Google Talk, Microsoft Teams, Microsoft Lync, Skype, WeChat, QQ, Telegram, Discord, and any other chat or instant messaging application.
Please provide:
1a) IMMEDIATE DISCLOSURE: an electronic copy of all of the department head's calendars or schedules, with each and every event/items, from Oct 15 to Nov 15, 2019 (inclusive). Calendar items must include (but are not limited to): the exact start and end time of the meeting, the location, the title, all invitees and whether they accepted or not, description/body, attachments, inline images, if they exist in the record. We are specifically requesting ALL calendar/scheduling items, each individually, for the department head, whether the department head themselves possesses these records or their staff, whether they are "Prop G" calendars or not, and whether they are on a computer or in physical form (such as a diary, a physical calendar on a wall, etc.). You are welcome to virtually print/export
each item directly to .PDF form in Outlook and redact them. Do not provide a mere summary view of the calendar daily, weekly, or monthly views - we need each and every meeting item's detailed view.
Do not cutoff information like long text that does not fit on the screen - that would be unjustified withholding. In order to ensure immediacy of disclosure, in this and only this request, .ics format and headers are NOT specifically requested (though you are welcome to provide them if it can be provided immediately). Do NOT physically print and re-scan records. This request specifically includes your Prop G/Sec 67.29-5 calendars and also any other calendar record your agency retained, owned, used, or prepared, pursuant to the CPRA. Even if you are purportedly unable to provide your non-Prop G calendars immediately, you must provide your Prop G calendars immediately since 67.29-5 requires you make them available 3 business days after the calendar date, and that last requested date is Nov. 15. All calendars, whether Prop G/67.29-5 or not, that your agency prepared, owned, used, or retained re: the public's business are public records (see SOTF Order 19047; Sup. of Records response of Sept. 6; and Good Government Guide).
1b) REGULAR DISCLOSURE: an electronic copy of all of the department head's prospective/expected calendars or schedules, with all expected events/items, from Nov. 30 to Dec 31, 2019 (inclusive). Calendar items must include (but are not limited to): the exact start and end time of the meeting, the location, the title, all invitees and whether they accepted or not, description/body, attachments, inline images, if they exist in the record. We are specifically requesting ALL calendar/scheduling items, each individually, for the department head, whether the department head themselves possesses them or their staff, whether they are labeled "Prop G" or not, and whether they are on a computer or in physical form (such as a diary, a physical calendar on a wall, etc.). You are welcome to virtually print/export each item directly to .PDF form in Outlook and redact them. Do not provide a mere summary view of the calendar daily, weekly, or monthly views - we need each and every meeting item's detailed view. Do not cutoff information like long text that does not fit on the screen - that would be unjustified withholding. In order to ensure immediacy of disclosure, in this and only this request, .ics format and headers are NOT specifically requested (though you are welcome to provide them if it can be provided immediately). Do NOT physically print and re-scan records. This request specifically includes your Prop G/Sec 67.29-5 calendars and also any other calendar record your agency retained, owned, used, or prepared, pursuant to the CPRA.
1c) REGULAR DISCLOSURE: the original electronic format (Gov Code 6253.9) OR an export in the "easily generated" .ICS/iCalendar format (SFAC 67.21(l)) of all records responsive to 1a and 1b. If you choose to provide records in these formats already in 1a and 1b then you do not need to provide them here.
2. REGULAR DISCLOSURE: If the department head or any of the department head's staff uses any invitation/guestlist tracking systems on behalf of the department head (such as Outlook's invite mechanism OR regular emails), such items are included within the scope of this request #2, for the date ranges in #1. In order to ensure rapid disclosure, in this and only this request, metadata is not specifically requested (though you are welcome to provide them if it can be provided rapidly). This includes any messages of accepting or denying a meeting invite or the department head sending out meeting invites (or any staff doing so on their behalf).
3. REGULAR DISCLOSURE: Furthermore, I request that a City of San Jose v Superior Court (2017) search be performed of the department head, their senior-most deputy, their chief of staff (or equivalent), and all personal/secretarial/administrative assistants, such that each such official either provide all records responsive to #1a, #1b, and #2 that are present on their personal accounts/devices/property (solely to the extent the record or portion thereof relates to the public's business), or provide a declaration/affidavit that no such records exist. All such affidavits are also requested. In order to ensure rapid disclosure, in this and only this request, particular formats and metadata are NOT specifically requested (though you are welcome to provide them if it can be provided rapidly).
4a) REGULAR DISCLOSURE: The most recent 10 emails sent by, the most recent 10 emails received by, and the most recently created 10 emails in the Draft folder of each of the Selected Custodians' government email accounts, with all headers, metadata, attachments (in their own original electronic format), sent and received timestamps, From/To/Cc/Bcc email address, body, formatting, hyperlinks, and included images. You may provide direct EML, MSG, or PDF exports preserving all non-exempt information as long as you do not print and scan electronic record and all non-exempt information in each email is preserved.
4b) REGULAR DISCLOSURE: the original electronic format (Gov Code 6253.9) OR an export in the "easily generated" .MSG or .EML format (SFAC 67.21(l)) of all records responsive to 4a. If you choose to provide records in these formats already in 4a then you do not need to provide them here.
4c) REGULAR DISCLOSURE: The most recent 10 emails related to public business sent by, the most recent 10 emails related to public business received by, and the most recently created 10 emails related to public business in the Draft folder of each of the Selected Custodians' PERSONAL email accounts (subject to a City of San Jose v Superior Court (2017) search) in any electronic format easily generated.
4d) REGULAR DISCLOSURE: The most recent 10 conversations in *each* of the Communication Apps of each of the Selected Custodians' government accounts. Provide messages, all to/from/timestamp information, all attachments, and all embedded images/files.
4d) REGULAR DISCLOSURE: The most recent 10 conversations related to public business in *each* of the Communication Apps of each of the Selected Custodians' PERSONAL accounts (subject to a City of San Jose v Superior Court (2017) search). Provide messages, all to/from/timestamp information, all attachments, and all embedded images/files.
5. REGULAR DISCLOSURE: Provide every version, incl. all tracked changes, of every draft, proposed or final policy, memo, or order regarding SB 1421 police misconduct records disclosures.
6. IMMEDIATE DISCLOSURE: Current org chart and staff directory with name, email, and title
7. REGULAR DISCLOSURE: The last 10 public records requests received by DPA (not including this one), and all internal communication (within DPA or between DPA and any city official or employee) regarding those requests, and all external communication (including your responses and all responsive records) to or from the requestor for those requests. You may provide PDFs as long as you do not print and scan electronic records.
8. IMMEDIATE DISCLOSURE: any log, spreadsheet, or tracking mechanism used to manage Public Records requests, showing requests from Jan 1 2019 to present.
9. IMMEDIATE DISCLOSURE: the last 10 record responses DPA has provided for SB 1421 police misconduct responses. Since you should not redact more information for me than you have provided any other member of the public (Gov Code 6254.5), you should be able to immediately provide these.
Please provide only those copies of records available without any fees. If you determine certain records would require fees, please instead provide the required notice of which of those records are available and non-exempt for inspection in-person if we so choose.
I look forward to your immediate disclosure.
Sincerely,
Anonymous
From: twitter.com/journo_anon Public Records Requester
SOTF,
Here is a new (corrected) complaint against DPA. Please use this email address for the Complaint. And I will file your Form again.
Please give me a File number and CC me on the notice to the Respondent.
Respondents: Department of Police Accountability, Paul Henderson, Diana Rosenstein
Sections: SFAC 67.21, 67.25, 67.26, 67.27
Complainant: Anonymous (requests@muckrock.com)
Sincerely,
Anonymous
From: twitter.com/journo_anon Public Records Requester
** Note that all of your responses (including disclosed records) may be automatically and instantly available to the public on the MuckRock.com FOIA web service used to issue this request (though I am not a MuckRock representative). Redact your responses correctly - once you send them to us there is no going back. **
On a Nov. 14 IDR (subject: "Immediate Disclosure Request - DPA Records" regarding 303 document requests made by DPA to SFPD in 2019 third quarter), for which you asserted normal deadlines, you have failed to notify me of a 14-day extension within the 10-day deadline for normal requests, which would have been due Nov. 24. You also failed to provide a statement under SFAC 67.21(c).
On this Nov. 23 IDR, you failed to respond in any form by Nov. 26 (which was the next business day). If you refused to treat it as an IDR, you still needed to respond by Nov. 26.
Thus, the following complaint was filed with SOTF:
https://cdn.muckrock.com/outbound_request_attachments/94383620Anonymous/83682/APR-DPA-Records-v2-f.pdf
Please direct all future responses to any of these issues to requests@muckrock.com for organized docketing.
Sincerely,
Anonymous
From: Department Of Police Accountability
Good Morning:
Notice is hereby given that the Complaint Committee (Committee) of the Sunshine Ordinance Task Force shall hold hearings on complaints listed below to determine if the Task Force has jurisdiction pursuant to Administrative Code (Sunshine Ordinance), Section 67.21(e). A hearing to review the merits of the complaint will be scheduled on a future date. The Complaint Committee (Committee) shall review File No(s). 19097, 19109, 19110, 19117, 19118, 19119, 19120, 19121, 19122, 19123, 19124, 19125, 19126 and 19127. The Complainant and Respondent are NOT REQUIRED to attend the December 17, 2019, Complaint Committee meeting but may attend to provide testimony related to the above listed determinations. A hearing to review the merits of the complaint will be scheduled on a future date.
Date: December 17, 2019
Location: City Hall, Room 408
Time: 5:30 p.m.
File No. 19097: Complaint filed by Anonymous against Public Works for allegedly violating Administrative Code (Sunshine Ordinance), Sections 67.21, 67.26 and 67.27, by failing to respond to a public records request in a timely and/or complete manner.
File No. 19109: Complaint filed by Stephen Malloy against Dept. of Public Health for allegedly violating Administrative Code (Sunshine Ordinance), Sections 67.24, 67.25, 67.26 and 67.27 by failing to respond to a public records request in a timely and/or complete manner.
File No. 19110: Complaint filed by Stephen Malloy against the Fire Department for allegedly violating Administrative Code (Sunshine Ordinance), Sections 67.24, 67.25, 67.26 and 67.27 by failing to respond to a public records request in a timely and/or complete manner.
File No. 19119: Complaint filed by Anonymous against the Department of Technology for allegedly violating Administrative Code (Sunshine Ordinance), Sections 67.21(b), 67.26 and 67.27 by failing to respond to a public records request in a timely and/or complete manner.
File No. 19120: Complaint filed by Anonymous against the Office of the City Attorney for allegedly violating Administrative Code (Sunshine Ordinance), Sections 67.21(b)(c), 67.26, 67.27, by failing to respond to a request for public records in a timely and/or complete manner; failing to justify withholding of records and failing to provide assistance.
File No. 19121: Complaint filed by Anonymous against the Police Commission for allegedly violating Administrative Code (Sunshine Ordinance), Sections 67.21(b)(k), 67.26 and 67.27, by failing to respond to a public records request in a timely and/or complete manner; withholding more than the minimum and failing to justify withholding.
File No. 19122: Complaint filed by Anonymous against City Librarian Michael Lambert and the Public Library for allegedly violating Administrative Code (Sunshine Ordinance), Section 67.25, by failing to respond to an Immediate Disclosure Request in a timely and/or complete manner.
File No. 19123: Complaint filed by Paul Kniha against the San Francisco Municipal Executive Association for allegedly violating Administrative Code, (Sunshine Ordinance) Sections 67.21 by failing to respond to a public records in a timely and/or complete manner.
File No. 19124: Complaint filed by Anonymous against Chief William Scott and Lt. R. Andrew Cox and the Police Department for allegedly violating Administrative Code (Sunshine Ordinance), Sections 67.21, 67.25, 67.26, 67.27, by failing to respond to an Immediate Disclosure Request in a timely and/or complete manner, failing to respond to a public records request in a timely and/or complete manner, failing to justify withholding of records and failing to maintain a Proposition G calendar.
File No. 19125: Complaint filed by Anonymous against the Controller's Office for allegedly violating Administrative Code (Sunshine Ordinance), Sections 67.21(b)(c)(k), 67.26, 67.27, by failing to respond to a request for records in a timely and/or complete manner, failing to assist, withheld more than the minimally exempt portion of a public record, failing to justify withholdings with clear reference to exemption statute or case law and failing to provide an exact copy of records.
File No. 19127: Complaint filed by Anonymous against the Department of Police Accountability for allegedly violating Administrative Code (Sunshine Ordinance), Sections 67.21, 67.25, 67.26, 67.27, by failing to respond to an Immediate Disclosure Request for records in a timely and/or complete manner, failing to assist, withheld more than the minimally exempt portion of a public record, failing to justify withholdings with clear reference to exemption statute or case law and failing to provide an exact copy of records.
Cheryl Leger
Assistant Clerk, Board of Supervisors
Tel: 415-554-7724
<http://www.sfbos.org/index.aspx?page=104> Click here<http://www.sfbos.org/index.aspx?page=104> to complete a Board of Supervisors Customer Service Satisfaction form.
The Legislative Research Center<http://www.sfbos.org/index.aspx?page=9681> provides 24-hour access to Board of Supervisors legislation, and archived matters since August 1998.
Disclosures: Personal information that is provided in communications to the Board of Supervisors is subject to disclosure under the California Public Records Act and the San Francisco Sunshine Ordinance. Personal information provided will not be redacted. Members of the public are not required to provide personal identifying information when they communicate with the Board of Supervisors and its committees. All written or oral communications that members of the public submit to the Clerk's Office regarding pending legislation or hearings will be made available to all members of the public for inspection and copying. The Clerk's Office does not redact any information from these submissions. This means that personal information-including names, phone numbers, addresses and similar information that a member of the public elects to submit to the Board and its committees-may appear on the Board of Supervisors website or in other public documents that members of the public may inspect or copy.
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From: Department Of Police Accountability
Good Morning:
Notice is hereby given that the Complaint Committee (Committee) of the Sunshine Ordinance Task Force shall hold hearings on complaints listed below to determine if the Task Force has jurisdiction pursuant to Administrative Code (Sunshine Ordinance), Section 67.21(e). A hearing to review the merits of the complaint will be scheduled on a future date. The Complaint Committee (Committee) shall review File No(s). 19097, 19109, 19110, 19117, 19118, 19119, 19120, 19121, 19122, 19123, 19124, 19125, 19126 and 19127. The Complainant and Respondent are NOT REQUIRED to attend the December 17, 2019, Complaint Committee meeting but may attend to provide testimony related to the above listed determinations. A hearing to review the merits of the complaint will be scheduled on a future date.
Date: December 17, 2019
Location: City Hall, Room 408
Time: 5:30 p.m.
File No. 19097: Complaint filed by Anonymous against Public Works for allegedly violating Administrative Code (Sunshine Ordinance), Sections 67.21, 67.26 and 67.27, by failing to respond to a public records request in a timely and/or complete manner.
File No. 19109: Complaint filed by Stephen Malloy against Dept. of Public Health for allegedly violating Administrative Code (Sunshine Ordinance), Sections 67.24, 67.25, 67.26 and 67.27 by failing to respond to a public records request in a timely and/or complete manner.
File No. 19110: Complaint filed by Stephen Malloy against the Fire Department for allegedly violating Administrative Code (Sunshine Ordinance), Sections 67.24, 67.25, 67.26 and 67.27 by failing to respond to a public records request in a timely and/or complete manner.
File No. 19119: Complaint filed by Anonymous against the Department of Technology for allegedly violating Administrative Code (Sunshine Ordinance), Sections 67.21(b), 67.26 and 67.27 by failing to respond to a public records request in a timely and/or complete manner.
File No. 19120: Complaint filed by Anonymous against the Office of the City Attorney for allegedly violating Administrative Code (Sunshine Ordinance), Sections 67.21(b)(c), 67.26, 67.27, by failing to respond to a request for public records in a timely and/or complete manner; failing to justify withholding of records and failing to provide assistance.
File No. 19121: Complaint filed by Anonymous against the Police Commission for allegedly violating Administrative Code (Sunshine Ordinance), Sections 67.21(b)(k), 67.26 and 67.27, by failing to respond to a public records request in a timely and/or complete manner; withholding more than the minimum and failing to justify withholding.
File No. 19122: Complaint filed by Anonymous against City Librarian Michael Lambert and the Public Library for allegedly violating Administrative Code (Sunshine Ordinance), Section 67.25, by failing to respond to an Immediate Disclosure Request in a timely and/or complete manner.
File No. 19123: Complaint filed by Paul Kniha against the San Francisco Municipal Executive Association for allegedly violating Administrative Code, (Sunshine Ordinance) Sections 67.21 by failing to respond to a public records in a timely and/or complete manner.
File No. 19124: Complaint filed by Anonymous against Chief William Scott and Lt. R. Andrew Cox and the Police Department for allegedly violating Administrative Code (Sunshine Ordinance), Sections 67.21, 67.25, 67.26, 67.27, by failing to respond to an Immediate Disclosure Request in a timely and/or complete manner, failing to respond to a public records request in a timely and/or complete manner, failing to justify withholding of records and failing to maintain a Proposition G calendar.
File No. 19125: Complaint filed by Anonymous against the Controller's Office for allegedly violating Administrative Code (Sunshine Ordinance), Sections 67.21(b)(c)(k), 67.26, 67.27, by failing to respond to a request for records in a timely and/or complete manner, failing to assist, withheld more than the minimally exempt portion of a public record, failing to justify withholdings with clear reference to exemption statute or case law and failing to provide an exact copy of records.
File No. 19127: Complaint filed by Anonymous against the Department of Police Accountability for allegedly violating Administrative Code (Sunshine Ordinance), Sections 67.21, 67.25, 67.26, 67.27, by failing to respond to an Immediate Disclosure Request for records in a timely and/or complete manner, failing to assist, withheld more than the minimally exempt portion of a public record, failing to justify withholdings with clear reference to exemption statute or case law and failing to provide an exact copy of records.
Cheryl Leger
Assistant Clerk, Board of Supervisors
Tel: 415-554-7724
<http://www.sfbos.org/index.aspx?page=104> Click here<http://www.sfbos.org/index.aspx?page=104> to complete a Board of Supervisors Customer Service Satisfaction form.
The Legislative Research Center<http://www.sfbos.org/index.aspx?page=9681> provides 24-hour access to Board of Supervisors legislation, and archived matters since August 1998.
Disclosures: Personal information that is provided in communications to the Board of Supervisors is subject to disclosure under the California Public Records Act and the San Francisco Sunshine Ordinance. Personal information provided will not be redacted. Members of the public are not required to provide personal identifying information when they communicate with the Board of Supervisors and its committees. All written or oral communications that members of the public submit to the Clerk's Office regarding pending legislation or hearings will be made available to all members of the public for inspection and copying. The Clerk's Office does not redact any information from these submissions. This means that personal information-including names, phone numbers, addresses and similar information that a member of the public elects to submit to the Board and its committees-may appear on the Board of Supervisors website or in other public documents that members of the public may inspect or copy.
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From: Department Of Police Accountability
Dear Requestor,
We are responding to your request with a partial production. We will produce one more document responsive to this request, but it requires extensive redactions. We will provide it to you by the end of this week.
Thank you,
Diana Rosenstein
Attorney
[dpa]
(T) 415-241-7750
(F) 415-241-7733
http://sfgov.org/dpa/
This communication, along with any attachments, is covered by federal and state laws governing electronic communications and may contain confidential and legally provided information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, use, or copying of this message is strictly prohibited. If you have received this communication in error, please reply immediately to the sender and/or delete this message. Thank you.
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From: Department Of Police Accountability
Dear Requestor,
We have received an extremely high volume of complex, lengthy and repetitive public records requests that invoke the immediate disclosure provisions of the Sunshine Act, the other provisions of the Sunshine Act, and additional provisions of the Public Records Act. Many of these requests have come from the same requestors and contain redundant requests. As a result, it appears your specific request, dated November 23, 2019 may not have received a timely response. We are also confused because the multiple requests we received from MuckRock and Anonymous reference the same set of records as being requested, and ask for responses to interchangeable emails. Therefore, we are wondering if there is a lead request we should reference when sending responsive records and correspondence.
We strive to respond to all requests in a thorough and timely manner. However, many of our records are confidential because they are considered peace officer personnel records. Therefore, even routine requests for calendars may require additional analysis to determine if the calendar entry relates to peace officer discipline matters, disclosure of which may be prohibited in some instances.
DPA must balance its duty to respond to public records requests with its duty to perform the broad range of tasks performed by DPA personnel that result in keeping the peace and maintaining safety in our communities. Responding to your request will be quite burdensome and time-consuming, especially when coupled with our duty also to respond to like public records requests from others. DPA will not be able to respond within the customary time frame without unreasonably impinging on its ability to perform its other duties.
In light of the volume and complexity of requests received from "Anonymous" and "Muckrock", our limited staffing, as well numerous other pending requests that have been given priority by our governing body, the Police Commission, we we find it necessary to invoke a rule of reason to guide the timing of our response to your public records request. As the City Attorney has stated on pages 97-98 of the Good Government Guide, which is available on the City Attorney's website, the law recognizes that when there is a conflict between a department's performance of its wide range of duties, and its responsibilities under public records laws, reason demands flexibility in the timing of responses to requests. Under this rule and given DPA's other public obligations, we will not be able to devote an unlimited amount of staff time to your request and like requests. Nevertheless we intend to provide a complete response to your request, but it will take longer than ordinarily is the case.
Over time, we expect this backlog problem to recede, and expect to be able to move more quickly on requests such as yours, particularly if the records being sought have already been reviewed in order to respond to an earlier request. But we are not there yet. For now, we intend to provide records in response to your request, and other like requests, on a rolling basis. We will provide you with brief, periodic updates.
You have the option to narrow your request, for example, confining it to a particular officer or small number of officers, which might allow us to complete our response to your request sooner. However, we do not suggest you should forgo your rights to obtain the full range of records to which you are entitled under SB 1421.
In addition, you have the option to tell us which records you have sought that are your highest priority. In that event, we would do what we reasonably could to honor your preferences, in sequencing our provision of responsive records to you.
Please let me know if you have any questions pertaining to this letter, or any suggestions you might have that could expedite our response to your request.
Thank you,
Diana Rosenstein
Attorney
[dpa]
(T) 415-241-7750
(F) 415-241-7733
http://sfgov.org/dpa/
This communication, along with any attachments, is covered by federal and state laws governing electronic communications and may contain confidential and legally provided information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, use, or copying of this message is strictly prohibited. If you have received this communication in error, please reply immediately to the sender and/or delete this message. Thank you.
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From: Department Of Police Accountability
Dear Requestor,
We are completing production of documents requested in your November 14, 2019 email to this email based on your December 2, 2019 email instructing us to direct all further document productions to the email listed above.
The Department of Police Accountability cannot disclose any additional records you seek DPA because your request seeks information constituting peace officer personnel records and such information is exempt from disclosure pursuant to Gov't Code §§ 6254(k), 6254(c); Penal Code §§ 832.5, 832.7(a), 832.8; Evid. Code §§ 1043-1045; and Admin. Code 67.21(k).
Thank you,
Diana Rosenstein
Attorney
[dpa]
(T) 415-241-7750
(F) 415-241-7733
http://sfgov.org/dpa/
This communication, along with any attachments, is covered by federal and state laws governing electronic communications and may contain confidential and legally provided information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, use, or copying of this message is strictly prohibited. If you have received this communication in error, please reply immediately to the sender and/or delete this message. Thank you.
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From: twitter.com/journo_anon Public Records Requester
Thank you. Does the following justification also apply to all redactions (which are described by SFAC 67.26 as "mask[ing]" of "information", and which require justifications) performed in the document 3rd_Quarter_2019_Protocol_Report_Redacted you provided?
"The Department of Police Accountability cannot disclose any additional records you seek DPA because your request seeks information constituting peace officer personnel records and such information is exempt from disclosure pursuant to Gov't Code §§ 6254(k), 6254(c); Penal Code §§ 832.5, 832.7(a), 832.8; Evid. Code §§ 1043-1045; and Admin. Code 67.21(k)."
From: Department Of Police Accountability
Dear Requestor,
On November 23, 2019 you anonymously requested the following:
"This is a new Immediate Disclosure Request under the San Francisco Sunshine Ordinance and the CPRA, made on November 23, 2019, to
Paul Henderson as an individual custodian of public records and to the Department of Police Accountability as a public agency.
Of the requests below, four (1a, 6, 8, and 9) are being made as immediate disclosure requests, and the others under regular Sunshine
deadlines. Because you are specifically required to keep and disclose an SFAC 67.29-5 (aka "Prop G") calendar, you must be able to
provide at least that immediately.
This is also an SFAC 67.21(c) request for statements of quantity, nature, existence, and form (even if content is exempt) for each of
#1a,b,c, 2, 3, 4a,b,c,d, 5,6,7,8,9 -- you must provide these statements within 7 days without any form extension. For the quantity of #1, I am
asking for the the number of events/meetings, each of which is a record being requested.
All records must be provided in rolling fashion (SFAC 67.25). If you use a web portal, you must publish all records open without login or
terms and conditions; or you may provide records as attachments. You may not impose any conditions on me beyond than those of the
CPRA (including any conditions that I must use a private entity's website which imposes terms and conditions).
Please read carefully the exact wording of my request. Please follow the Sunshine Ordinance and CPRA precisely as I am auditing your
agency's public records regimen. As the City is aware, every violation of the Sunshine Ordinance or CPRA will be appealed immediately,
including:
- any untimely or incomplete response, failure to provide records in a rolling fashion as soon as they are available, or failing to indicate
whether you have responsive records or not for each request and whether you withheld any records for each request (SFAC 67.21, 67.25,
Gov Code 6253(c)),
- withholding more than the minimum exempt portion of any record (SFAC 67.26),
- failure to justify with "clear reference" to an exemption statute or case law for each and every redaction or withholding, including any socalled
'metadata' (SFAC 67.26, 67.27),
- failure to provide "exact copies" of records (Gov Code 6253(b)),
- failure to provide the "electronic format in which [you] hold[] the information" (Gov Code 6253.9),
- failure to provide any "easily generated" format that we requested (SFAC 67.21(l)),
- refusing to provide the quantity of exempt records (SFAC 67.21(c)),
- redacting or withholding information whose exemption you have already waived by producing it to the public before (Gov Code 6254.5).
Definitions:
"Department Head" is Paul Henderson.
"Other Individual Custodians" is all Operations Manager(s), Sarah Hawkins, Diana Rosenstein, Tinnetta Thompson, Stephanie Wargo-
Wilson, Susan Gray, and Brent Begin.
"Selected Custodians" is the Department Head and Other Individual Custodians.
"Communication Apps" is EACH of: text/SMS/MMS messaging, WhatsApp, Twitter, Instagram, Signal, Facebook, Facebook Messenger,
Google Hangouts, Google Talk, Microsoft Teams, Microsoft Lync, Skype, WeChat, QQ, Telegram, Discord, and any other chat or instant
messaging application.
Please provide:
1a) IMMEDIATE DISCLOSURE: an electronic copy of all of the department head's calendars or schedules, with each and every
event/items, from Oct 15 to Nov 15, 2019 (inclusive). Calendar items must include (but are not limited to): the exact start and end time of
the meeting, the location, the title, all invitees and whether they accepted or not, description/body, attachments, inline images, if they exist
in the record. We are specifically requesting ALL calendar/scheduling items, each individually, for the department head, whether the
department head themselves possesses these records or their staff, whether they are "Prop G" calendars or not, and whether they are on a
computer or in physical form (such as a diary, a physical calendar on a wall, etc.). You are welcome to virtually print/export
each item directly to .PDF form in Outlook and redact them. Do not provide a mere summary view of the calendar daily, weekly, or
monthly views - we need each and every meeting item's detailed view.
Do not cutoff information like long text that does not fit on the screen - that would be unjustified withholding. In order to ensure
immediacy of disclosure, in this and only this request, .ics format and headers are NOT specifically requested (though you are welcome to
provide them if it can be provided immediately). Do NOT physically print and re-scan records. This request specifically includes your Prop
G/Sec 67.29-5 calendars and also any other calendar record your agency retained, owned, used, or prepared, pursuant to the CPRA. Even if
you are purportedly unable to provide your non-Prop G calendars immediately, you must provide your Prop G calendars immediately since
67.29-5 requires you make them available 3 business days after the calendar date, and that last requested date is Nov. 15. All calendars,
whether Prop G/67.29-5 or not, that your agency prepared, owned, used, or retained re: the public's business are public records (see SOTF
Order 19047; Sup. of Records response of Sept. 6; and Good Government Guide).
1b) REGULAR DISCLOSURE: an electronic copy of all of the department head's prospective/expected calendars or schedules, with all
expected events/items, from Nov. 30 to Dec 31, 2019 (inclusive). Calendar items must include (but are not limited to): the exact start and
end time of the meeting, the location, the title, all invitees and whether they accepted or not, description/body, attachments, inline images,
if they exist in the record. We are specifically requesting ALL calendar/scheduling items, each individually, for the department head,
whether the department head themselves possesses them or their staff, whether they are labeled "Prop G" or not, and whether they are on a
computer or in physical form (such as a diary, a physical calendar on a wall, etc.). You are welcome to virtually print/export each item
directly to .PDF form in Outlook and redact them. Do not provide a mere summary view of the calendar daily, weekly, or monthly views -
we need each and every meeting item's detailed view. Do not cutoff information like long text that does not fit on the screen - that would be
unjustified withholding. In order to ensure immediacy of disclosure, in this and only this request, .ics format and headers are NOT
specifically requested (though you are welcome to provide them if it can be provided immediately). Do NOT physically print and re-scan
records. This request specifically includes your Prop G/Sec 67.29-5 calendars and also any other calendar record your agency retained,
owned, used, or prepared, pursuant to the CPRA.
1c) REGULAR DISCLOSURE: the original electronic format (Gov Code 6253.9) OR an export in the "easily generated" .ICS/iCalendar
format (SFAC 67.21(l)) of all records responsive to 1a and 1b. If you choose to provide records in these formats already in 1a and 1b then
you do not need to provide them here.
2. REGULAR DISCLOSURE: If the department head or any of the department head's staff uses any invitation/guestlist tracking systems
on behalf of the department head (such as Outlook's invite mechanism OR regular emails), such items are included within the scope of this
request #2, for the date ranges in #1. In order to ensure rapid disclosure, in this and only this request, metadata is not specifically requested
(though you are welcome to provide them if it can be provided rapidly). This includes any messages of accepting or denying a meeting
invite or the department head sending out meeting invites (or any staff doing so on their behalf).
3. REGULAR DISCLOSURE: Furthermore, I request that a City of San Jose v Superior Court (2017) search be performed of the
department head, their senior-most deputy, their chief of staff (or equivalent), and all personal/secretarial/administrative assistants, such
that each such official either provide all records responsive to #1a, #1b, and #2 that are present on their personal accounts/devices/property
(solely to the extent the record or portion thereof relates to the public's business), or provide a declaration/affidavit that no such records
exist. All such affidavits are also requested. In order to ensure rapid disclosure, in this and only this request, particular formats and
metadata are NOT specifically requested (though you are welcome to provide them if it can be provided rapidly).
4a) REGULAR DISCLOSURE: The most recent 10 emails sent by, the most recent 10 emails received by, and the most recently created 10
emails in the Draft folder of each of the Selected Custodians' government email accounts, with all headers, metadata, attachments (in their
own original electronic format), sent and received timestamps, From/To/Cc/Bcc email address, body, formatting, hyperlinks, and included
images. You may provide direct EML, MSG, or PDF exports preserving all non-exempt information as long as you do not print and scan
electronic record and all non-exempt information in each email is preserved.
4b) REGULAR DISCLOSURE: the original electronic format (Gov Code 6253.9) OR an export in the "easily generated" .MSG or .EML
format (SFAC 67.21(l)) of all records responsive to 4a. If you choose to provide records in these formats already in 4a then you do not need
to provide them here.
4c) REGULAR DISCLOSURE: The most recent 10 emails related to public business sent by, the most recent 10 emails related to public
business received by, and the most recently created 10 emails related to public business in the Draft folder of each of the Selected
Custodians' PERSONAL email accounts (subject to a City of San Jose v Superior Court (2017) search) in any electronic format easily
generated.
4d) REGULAR DISCLOSURE: The most recent 10 conversations in *each* of the Communication Apps of each of the Selected
Custodians' government accounts. Provide messages, all to/from/timestamp information, all attachments, and all embedded images/files.
4d) REGULAR DISCLOSURE: The most recent 10 conversations related to public business in *each* of the Communication Apps of each
of the Selected Custodians' PERSONAL accounts (subject to a City of San Jose v Superior Court (2017) search). Provide messages, all
to/from/timestamp information, all attachments, and all embedded images/files.
5. REGULAR DISCLOSURE: Provide every version, incl. all tracked changes, of every draft, proposed or final policy, memo, or order
regarding SB 1421 police misconduct records disclosures.
6. IMMEDIATE DISCLOSURE: Current org chart and staff directory with name, email, and title
7. REGULAR DISCLOSURE: The last 10 public records requests received by DPA (not including this one), and all internal
communication (within DPA or between DPA and any city official or employee) regarding those requests, and all external communication
(including your responses and all responsive records) to or from the requestor for those requests. You may provide PDFs as long as you do
not print and scan electronic records.
8. IMMEDIATE DISCLOSURE: any log, spreadsheet, or tracking mechanism used to manage Public Records requests, showing requests
from Jan 1 2019 to present.
9. IMMEDIATE DISCLOSURE: the last 10 record responses DPA has provided for SB 1421 police misconduct responses. Since you
should not redact more information for me than you have provided any other member of the public (Gov Code 6254.5), you should be able
to immediately provide these.
Please provide only those copies of records available without any fees. If you determine certain records would require fees, please instead
provide the required notice of which of those records are available and non-exempt for inspection in-person if we so choose."
We replied to this request via email on December 10, 2019, invoking the rule of reason, and asking for clarification. We did not receive a response to our request for clarification.
After a reasonably diligent search, the DPA has identified responsive records to your request, which are attached for your review. Some mater has been redacted and/or withheld because your request seeks information constituting peace officer personnel records and such information is exempt from disclosure pursuant to Gov't Code §§ 6254(k), 6254(c); Penal Code §§ 832.5, 832.7(a), 832.8; Evid. Code §§ 1043-1045; and Admin. Code 67.21(k).
Thank you,
Diana Rosenstein
Attorney
[dpa]
(T) 415-241-7750
(F) 415-241-7733
http://sfgov.org/dpa/
This communication, along with any attachments, is covered by federal and state laws governing electronic communications and may contain confidential and legally provided information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, use, or copying of this message is strictly prohibited. If you have received this communication in error, please reply immediately to the sender and/or delete this message. Thank you.
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image001
From: twitter.com/journo_anon Public Records Requester
Thank you. Does DPA consider its response to the Nov 23 request (described by you in your response) complete, or are you providing rolling responses?
From: Department Of Police Accountability
Dear Requestor,
Based on our understanding of your request, we reasonably believe we have complied with your request.
Thank you,
Diana Rosenstein
Attorney
[dpa]
(T) 415-241-7750
(F) 415-241-7733
http://sfgov.org/dpa/
This communication, along with any attachments, is covered by federal and state laws governing electronic communications and may contain confidential and legally provided information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, use, or copying of this message is strictly prohibited. If you have received this communication in error, please reply immediately to the sender and/or delete this message. Thank you.
-
image001
From: Department Of Police Accountability
My apologies. I re-read your question. We will have more items to produce.
Diana Rosenstein
Attorney
[dpa]
(T) 415-241-7750
(F) 415-241-7733
http://sfgov.org/dpa/
This communication, along with any attachments, is covered by federal and state laws governing electronic communications and may contain confidential and legally provided information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, use, or copying of this message is strictly prohibited. If you have received this communication in error, please reply immediately to the sender and/or delete this message. Thank you.
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image001
From: twitter.com/journo_anon Public Records Requester
Please provide for each request #1a,b,c, 2, 3, 4a,b,c,d, 5,6,7,8,9 under Gov Code 6253(c) your "determin[ation] whether the request, in whole or in part, seeks copies of disclosable public records in the possession of the agency ... and the reasons therefor."
Numerous of our requests seem to not have produced any records and I'd like to know which requests did or did not and why not.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following California Public Records Act request, copied below, and originally submitted on Nov. 23, 2019. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Department Of Police Accountability
I am away from my desk from my desk from December 20, 2019 to January 6, 2020. I will respond to your emails when I return. If you need immediate assistance, please contact the front desk at (415)241-7711
Thank you,
Diana Rosenstein
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following California Public Records Act request, copied below, and originally submitted on Nov. 23, 2019. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following California Public Records Act request, copied below, and originally submitted on Nov. 23, 2019. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Department Of Police Accountability
Please see attached.
Diana Rosenstein
Attorney
[dpa]
(T) 415-241-7750
(F) 415-241-7733
http://sfgov.org/dpa/
This communication, along with any attachments, is covered by federal and state laws governing electronic communications and may contain confidential and legally provided information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, use, or copying of this message is strictly prohibited. If you have received this communication in error, please reply immediately to the sender and/or delete this message. Thank you.
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image001
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following California Public Records Act request, copied below, and originally submitted on Nov. 23, 2019. You previously indicated that it would be completed on Feb. 28, 2020. I wanted to let you know that I am still interested in the following documents, and to see if that date was still accurate.
Thanks for your help, and let me know if further clarification is needed.
From: Department Of Police Accountability
Dear Requestor,
See attached.
[cid:image003.png@01D5ED5B.EC34FC80]We are moving across the street! Our new address as of March 2nd is: 1 So. Van Ness, 8th Floor
Diana Rosenstein
Attorney
25 Van Ness Ave, Suite 700
415-241-7711 phone
415-241-7770 tty
www . sfgov . org / dpa.
This communication, along with any attachments, is covered by federal and state laws governing electronic communications and may contain confidential and legally provided information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, use, or copying of this message is strictly prohibited. If you have received this communication in error, please reply immediately to the sender and/or delete this message. Thank you.
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