All GovQA requests - SFMTA - Immediate Disclosure Request
| Submitted | Oct. 9, 2021 |
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Communications
From: twitter.com/journo_anon Public Records Requester
Immediate Disclosure Request - Dear San Francisco Mta and its Department Head:
Pursuant to the Sunshine Ordinance and CPRA, please produce:
1. Each request for information submitted through GovQA or submitted through another mechanism by a requester but entered into or tracked using GovQA by your agency, in 2021, even if (and especially including) such request is not currently visible to the public (this includes all requesters, no matter who they are, not just me)
2. For each request in (1): All communications back and forth with the requesters, including but not limited to all clarifications, limitations, extensions, denials, withholdings, productions, redaction keys, and justifications
3. For each request in (1): The responsive records as you produced them to the earlier requester, with all redactions, keys, and justifications.
4. For each request in (1): The original unredacted versions of all records responsive to the request. Why am I asking for this? Because it forces you to properly redact the records, and key them with justifications, if you did not do so earlier. Note that if you followed the law when redacting records to the earlier requester, this request would be identical to #3. Do not delay your answer to request #3 for this request.
You may efficiently respond to parts 1 through 3 of this request by opening to the public all of your 2021 GovQA requests, their responsive records, and all communications back and forth. Note that many departments who make most requests public on GovQA for some reason do NOT make the communications back and forth visible to the public. You will need to publish everything.
Do NOT make this request itself inaccessible in GovQA. If I cannot access the request without creating an account or logging in with GovQA, I may allege a violation of Gov Code 6253.3 and/or the interpretation of the Court in Santa Clara Co. v First Amendment Coalition prohibiting extra-statutory restrictions on public access or allowing NextRequest to control the access to public information.
Use rolling response: All records must be produced the same business day they are collected, see Admin Code 67.25(d).
I expect full compliance with the Sunshine Ordinance and CPRA and may appeal every violation of the law. Preserve all originals of all responsive records.
Sincerely,
twitter.com/journo_anon
From: twitter.com/journo_anon Public Records Requester
Immediate Disclosure Request - Dear San Francisco Mta and its Department Head:
Pursuant to the Sunshine Ordinance and CPRA, please produce:
1. Each request for information submitted through GovQA or submitted through another mechanism by a requester but entered into or tracked using GovQA by your agency, in 2021, even if (and especially including) such request is not currently visible to the public (this includes all requesters, no matter who they are, not just me)
2. For each request in (1): All communications back and forth with the requesters, including but not limited to all clarifications, limitations, extensions, denials, withholdings, productions, redaction keys, and justifications
3. For each request in (1): The responsive records as you produced them to the earlier requester, with all redactions, keys, and justifications.
4. For each request in (1): The original unredacted versions of all records responsive to the request. Why am I asking for this? Because it forces you to properly redact the records, and key them with justifications, if you did not do so earlier. Note that if you followed the law when redacting records to the earlier requester, this request would be identical to #3. Do not delay your answer to request #3 for this request.
You may efficiently respond to parts 1 through 3 of this request by opening to the public all of your 2021 GovQA requests, their responsive records, and all communications back and forth. Note that many departments who make most requests public on GovQA for some reason do NOT make the communications back and forth visible to the public. You will need to publish everything.
Do NOT make this request itself inaccessible in GovQA. If I cannot access the request without creating an account or logging in with GovQA, I may allege a violation of Gov Code 6253.3 and/or the interpretation of the Court in Santa Clara Co. v First Amendment Coalition prohibiting extra-statutory restrictions on public access or allowing NextRequest to control the access to public information.
Use rolling response: All records must be produced the same business day they are collected, see Admin Code 67.25(d).
I expect full compliance with the Sunshine Ordinance and CPRA and may appeal every violation of the law. Preserve all originals of all responsive records.
Sincerely,
twitter.com/journo_anon
From: San Francisco Mta
City and County of San Francisco
************************************************************************
Hi there
Your first City and County of San Francisco record request (request number #21-5604) has been submitted.
It is currently unpublished and is not available for the general public to view.
As the requester, you can always see the status of your
request by signing into the City and County of San Francisco Public Records
portal here.
If you haven't already activated your account,
click here to get started.
Once your account is activated, your request will be visible at the following link:
Request #21-5604.
************************************************************************
<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City and County of San Francisco.<br></br><em>Technical support:</em> See our <a href='https://help.nextrequest.com/knowledge/requester-resources'>help page</a>
From: San Francisco Mta
City and County of San Francisco
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Hi there
A message was sent to you regarding record request #21-5604:
I am confirming that we received your Public Records Request today and we assigned it as PRR#21-5604.
Our department will identify and compile the requested information. The Sunshine Ordinance requires departments to respond as soon as possible or within ten calendar days from receipt of any records requests. Therefore, I will contact you as soon as the responsive documents are ready and will do so on or before October 22, 2021, as permitted by San Francisco Administrative Code § 67.21(b) and California Government Code § 6253(c).
Please note that the mayor has suspended the immediate disclosure 24 hour response time during the pandemic.
Sincerely,
Caroline Celaya
Manager, Public Records Requests
San Francisco Municipal Transportation Agency
1 South Van Ness Avenue, 7th floor
San Francisco, CA 94103
************************************************************************
<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City and County of San Francisco.<br></br><em>Technical support:</em> See our <a href='https://help.nextrequest.com/knowledge/requester-resources'>help page</a>
From: San Francisco Mta
City and County of San Francisco
************************************************************************
Hi there
A message was sent to you regarding record request #21-5604:
Please be advised we are hereby invoking an extension of an additional 14 calendar days from October 22, 2021 to respond to your request.
Under the California Public Records Act and the San Francisco Sunshine Ordinance, the deadline can be extended for an additional fourteen days due to "the need to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request," "the need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records that are demanded in a single request," and "the need for consultation, which shall be conducted with all practicable speed, with another agency having substantial interest in the determination of the request or among two or more components of the agency having substantial subject matter interest therein." Cal. Gov't Code §6253(c)(1), (2), and (3). The SFMTA is invoking the extension on these grounds because staff must collect and examine a voluminous amount of material. We will endeavor to respond to your request as soon as possible, but not later than November 5, 2021.
************************************************************************
<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City and County of San Francisco.<br></br><em>Technical support:</em> See our <a href='https://help.nextrequest.com/knowledge/requester-resources'>help page</a>
From: San Francisco Mta
1. Each request for information submitted through GovQA or submitted through another mechanism by a requester but entered into or tracked using GovQA by your agency, in 2021, even if (and especially including) such request is not currently visible to the public (this includes all requesters, no matter who they are, not just me)
Response: Please see responsive records, attached.
2. For each request in (1): All communications back and forth with the requesters, including but not limited to all clarifications, limitations, extensions, denials, withholdings, productions, redaction keys, and justifications
Response: The SFMTA has identified approximately 580 responsive records, which contain personal information of requestors that will need to be identified and redacted to protect their privacy interests. (See Cal. Govt. Code §§ 6250, 6254(c); Cal. Const., Art. I, §§ 1, 3(b); Admin. Code §67.1(g); Admin. Code Chapter 12M.) Please note that the SFMTA's duty to respond to public records requests is limited by a rule of reason. And it has long been understood that public records laws do not impose absolute or inflexible requirements on public agencies. Rather, the efforts required to respond to a public records request are inherently "subject to an implied rule of reason." (Bruce v. Gregory (1967) 65 Cal. App. 2d 666, 676.) This implied rule of reason has been extended to requests under the Public Records Act. (Rosenthal v. Hansen (1973) 34 Cal. App. 3d 754,761; California First Amendment Coalition v. Superior Court (1998) 67 Cal. App. 4th 159, 166 (agency is obliged to comply [with a records request] so long as the record can be located with reasonable effort;" there is no requirement "to search an enormous volume of data for a 'needle in a haystack' or produce "a huge volume of material."); State Board of Equalization et al. v. Superior Court (1992) 10 Cal. App. 4th 1177, 1186 (obligation to locate requested records inherently limited to "reasonable efforts").
It would be an unreasonable use of SFMTA resources to review and redact this voluminous quantity of records within the deadlines set forth under the public records laws. Accordingly, after carefully considering the resources available, staff estimates it can spend approximately five hours per week on this request and provide responsive records to you on a rolling basis until this request is closed. At that rate, staff estimates it will take approximately 20 weeks to close this request. Please let us know if this is an acceptable solution for you or, alternatively, please narrow your request (e.g., by date or specific subject matter) and we will reassess the effort required accordingly.
3. For each request in (1): The responsive records as you produced them to the earlier requester, with all redactions, keys, and justifications.
Response: Please note we are no longer using GovQA to process public record requests, so that site is no longer live. GovQA, however, has provided us with the records and staff are working with SFMTA-IT to provide the responsive records to you. But given the volume of records involved, the SFMTA is invoking the rule of reason. Please see our response to request #2, above. Accordingly, after carefully considering the resources available, staff estimates it can spend approximately five hours per week on this request and provide responsive records to you on a rolling basis until this request is closed. At that rate, staff estimates it will take approximately 20 weeks to close this request after completing the response to item 2. Please let us know if this is an acceptable solution for you or, alternatively, please narrow your request (e.g., by date or specific subject matter) and we will reassess the effort required accordingly.
4. For each request in (1): The original unredacted versions of all records responsive to the request. Why am I asking for this? Because it forces you to properly redact the records, and key them with justifications, if you did not do so earlier. Note that if you followed the law when redacting records to the earlier requester, this request would be identical to #3. Do not delay your answer to request #3 for this request.
Response: The SFMTA cannot provide you with the original unredacted versions of the records requested because the redacted information was withheld under one or more exemptions from disclosure that apply under public records law, as indicated in our response to each request. In accordance with Section 67.26 of the San Francisco Administrative Code and for each request, staff "keyed by footnote or other clear reference . . . the appropriate justification for withholding."
It has long been the practice of the SFMTA to advise a requestor of the reason for redactions via email or letter when releasing the records. We do not key justifications for each redaction.
Please confirm that you would still like to receive the responsive records for items 2 and 3.
Caroline Celaya
Manager, Public Records Requests
[cid:image001.png@01D7D278.131EE7E0]
Office 415-701-4670
San Francisco Municipal Transportation Agency
1 South Van Ness Avenue, 7th floor
San Francisco, CA 94103
[cid:image002.jpg@01D7D278.131EE7E0]<https://www.instagram.com/sfmtaphoto/>[cid:image003.jpg@01D7D278.131EE7E0]<https://www.facebook.com/SFMTA.Muni/>[cid:image004.jpg@01D7D278.131EE7E0]<https://twitter.com/sfmta_muni>[cid:image005.png@01D7D278.131EE7E0]<https://www.sfmta.com/>
From: Simpliciano, Sophia M <Sophia.Simpliciano@sfmta.com<mailto:Sophia.Simpliciano@sfmta.com>>
Sent: Tuesday, October 12, 2021 10:33 AM
To: Celaya, Caroline <Caroline.Celaya@sfmta.com<mailto:Caroline.Celaya@sfmta.com>>
Subject: FW: California Public Records Act Request: All GovQA requests - SFMTA - Immediate Disclosure Request
From: requests@muckrock.com<mailto:requests@muckrock.com> <requests@muckrock.com<mailto:requests@muckrock.com>>
Sent: Tuesday, October 12, 2021 6:41 AM
To: Tumlin, Jeffrey <Jeffrey.Tumlin@sfmta.com<mailto:Jeffrey.Tumlin@sfmta.com>>
Subject: RE: California Public Records Act Request: All GovQA requests - SFMTA - Immediate Disclosure Request
EXT
San Francisco Mta
PRA Office
One South Van Ness Ave., Seventh Floor
San Francisco, CA 94103
October 12, 2021
This is a follow up to a previous request:
Immediate Disclosure Request - Dear San Francisco Mta and its Department Head:
Pursuant to the Sunshine Ordinance and CPRA, please produce:
1. Each request for information submitted through GovQA or submitted through another mechanism by a requester but entered into or tracked using GovQA by your agency, in 2021, even if (and especially including) such request is not currently visible to the public (this includes all requesters, no matter who they are, not just me)
2. For each request in (1): All communications back and forth with the requesters, including but not limited to all clarifications, limitations, extensions, denials, withholdings, productions, redaction keys, and justifications
3. For each request in (1): The responsive records as you produced them to the earlier requester, with all redactions, keys, and justifications.
4. For each request in (1): The original unredacted versions of all records responsive to the request. Why am I asking for this? Because it forces you to properly redact the records, and key them with justifications, if you did not do so earlier. Note that if you followed the law when redacting records to the earlier requester, this request would be identical to #3. Do not delay your answer to request #3 for this request.
You may efficiently respond to parts 1 through 3 of this request by opening to the public all of your 2021 GovQA requests, their responsive records, and all communications back and forth. Note that many departments who make most requests public on GovQA for some reason do NOT make the communications back and forth visible to the public. You will need to publish everything.
Do NOT make this request itself inaccessible in GovQA. If I cannot access the request without creating an account or logging in with GovQA, I may allege a violation of Gov Code 6253.3 and/or the interpretation of the Court in Santa Clara Co. v First Amendment Coalition prohibiting extra-statutory restrictions on public access or allowing NextRequest to control the access to public information.
Use rolling response: All records must be produced the same business day they are collected, see Admin Code 67.25(d).
I expect full compliance with the Sunshine Ordinance and CPRA and may appeal every violation of the law. Preserve all originals of all responsive records.
Sincerely,
twitter.com/journo_anon
View request history, upload responsive documents, and report problems here:
https://www.muckrock.com/
Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com<mailto:requests@muckrock.com>
For mailed responses, please address (see note):
MuckRock News
DEPT MR 119988
411A Highland Ave
Somerville, MA 02144-2516
PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.
---
On Oct. 9, 2021:
Subject:
Immediate Disclosure Request - Dear San Francisco Mta and its Department Head:
Pursuant to the Sunshine Ordinance and CPRA, please produce:
1. Each request for information submitted through GovQA or submitted through another mechanism by a requester but entered into or tracked using GovQA by your agency, in 2021, even if (and especially including) such request is not currently visible to the public (this includes all requesters, no matter who they are, not just me)
2. For each request in (1): All communications back and forth with the requesters, including but not limited to all clarifications, limitations, extensions, denials, withholdings, productions, redaction keys, and justifications
3. For each request in (1): The responsive records as you produced them to the earlier requester, with all redactions, keys, and justifications.
4. For each request in (1): The original unredacted versions of all records responsive to the request. Why am I asking for this? Because it forces you to properly redact the records, and key them with justifications, if you did not do so earlier. Note that if you followed the law when redacting records to the earlier requester, this request would be identical to #3. Do not delay your answer to request #3 for this request.
You may efficiently respond to parts 1 through 3 of this request by opening to the public all of your 2021 GovQA requests, their responsive records, and all communications back and forth. Note that many departments who make most requests public on GovQA for some reason do NOT make the communications back and forth visible to the public. You will need to publish everything.
Do NOT make this request itself inaccessible in GovQA. If I cannot access the request without creating an account or logging in with GovQA, I may allege a violation of Gov Code 6253.3 and/or the interpretation of the Court in Santa Clara Co. v First Amendment Coalition prohibiting extra-statutory restrictions on public access or allowing NextRequest to control the access to public information.
Use rolling response: All records must be produced the same business day they are collected, see Admin Code 67.25(d).
I expect full compliance with the Sunshine Ordinance and CPRA and may appeal every violation of the law. Preserve all originals of all responsive records.
Sincerely,
twitter.com/journo_anon
View request history, upload responsive documents, and report problems here:
https://www.muckrock.com/
Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com<mailto:requests@muckrock.com>
For mailed responses, please address (see note):
MuckRock News
DEPT MR 119988
411A Highland Ave
Somerville, MA 02144-2516
PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.
[Image removed by sender.]
This message is from outside of the SFMTA email system. Please review the email carefully before responding, clicking links, or opening attachments.
From: twitter.com/journo_anon Public Records Requester
Your self-proclaimed long standing procedure of not complying with SFAC 67.26 and keying redactions is unlawful. The fact that you have failed to comply for so long is evidence against you, not in your favor. I've forced the other agencies to comply, and will force you to do the same.
Prioritize request 4, and start producing rolling responses, with a key or footnote for each redaction.
Ethics Commission complaints will be filed in 40 days if you refuse to comply. This is your notice.
Each and every response after today that MTA fails to key every redaction to a justification will result in a willful violation allegation against your department head.
Alternatively, your department head may agree by a letter signed by them personally to the following statement on official letter head "The MTA agrees, in each response to any request for public records or public information made after the date of this letter, to key each redaction by footnote or other clear reference to a written exemption justification, pursuant to Admin Code 67.26 and 67.27." If your department head so agrees (without any modifications or caveats), request 4 is withdrawn. This offer is available until close of business November 10 only.
The priority of request order for rolling response is:
Request 4 - correctly redacted records
Request 3 - old, incorrectly, redacted records
Request 2 - communications
--Anonymous
From: San Francisco Mta
This email is in response to your November 7, 2021 email. The SFMTA is in compliance with Administrative Code section 67.27 in referencing and citing applicable laws when making redactions.
The priority of request order for rolling response is:
Request 4 - correctly redacted records
Our redactions have been done in compliance with the admin code so unless you can specifically identify exactly which records you are seeking, we consider this item closed.
Request 3 - old, incorrectly, redacted records
The SFMTA will search their files for redacted records and provide these to you on a rolling basis as stated in our November 5, 2021 email below.
Request 2 - communications
The SFMTA will search their files for communication records and provide these to you on a rolling basis as stated in our November 5, 2021 email below.
Caroline Celaya
From: twitter.com/journo_anon Public Records Requester
I notice that you said 67.27, not 67.26.
Each record you produce to me with any redactions that lack a key by footnote or other clear reference to a written justification will result in a complaint against you.
It doesn't matter whether you call that responsive request 4 or 3, and your "clos[ing]" of 4 has no effect on my requests.
--Anonymous
From: San Francisco Mta
City and County of San Francisco
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A document has been released to you for record request #21-5604:
* Muckrock - Item 2 - GovQA Communications_Redacted (2).pdf
Document links are valid for one month.
After April 3, you will need to sign in to view the document(s).
************************************************************************
<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City and County of San Francisco.<br></br><em>Technical support:</em> See our <a href='https://help.nextrequest.com/knowledge/requester-resources'>help page</a>
From: San Francisco Mta
City and County of San Francisco
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A message was sent to you regarding record request #21-5604:
Exemptions and Privileges
The California State Constitution protects the privacy rights of individual members of the general public and disclosure of personal information such as home address information, telephone numbers, and email addresses would violate these privacy rights. [California Constitution, Article I, §1, Government Code §6254(c) and (k) (protecting records which are "exempted or prohibited pursuant to provisions of federal or state law" from disclosure).] (California Constitution, Article I, §1 and Government Code §6254(c); Hill v. National Collegiate Athletic Assn., (1994) 7 Cal. 4th 1, 35 (identifying privacy interest in precluding dissemination of sensitive, confidential information); City of San Jose v. Superior Court, (1999) 74 Cal.App.4th 1008 (court denied media's request for names and contact information of complainants).) The City has a duty to protect the personal privacy of third parties. Where privacy rights are involved, nondisclosure is not just a privilege, but a legal requirement. As a result, the SFMTA has redacted personal information of third parties from the documents we are providing you.
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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City and County of San Francisco.<br></br><em>Technical support:</em> See our <a href='https://help.nextrequest.com/knowledge/requester-resources'>help page</a>
From: San Francisco Mta
City and County of San Francisco
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Record request #21-5604 has been closed. The closure reason supplied was:
Documents responsive to your request are now available for viewing or download. The SFMTA has determined that it has no other records responsive to this request so it considers the matter closed.
Please let us know if you have any further questions regarding your request or if you would like additional information.
************************************************************************
<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City and County of San Francisco.<br></br><em>Technical support:</em> See our <a href='https://help.nextrequest.com/knowledge/requester-resources'>help page</a>
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