April 28-May 4, 2019 Calendar - Immediate Disclosure Request

Anonymous Person filed this request with the San Francisco City Attorney of San Francisco, CA.
Status
Completed
Tags

Communications

From: Anonymous Person

This is an Immediate Disclosure Request under the San Francisco Sunshine Ordinance, made before close of business May 8, 2019.

** Note that all of your responses (including disclosed records) may be automatically and instantly available to the public on the MuckRock.com service used to issue this request (though I am not a MuckRock representative). **

We request under the San Francisco Sunshine Ordinance (Ordinance) and the California Public Records Act (CPRA):

"1. an electronic copy, in the original electronic format, with all calendar item headers, email addresses, metadata, timestamps, attachments, appendices, exhibits, and inline images, except those explicitly exempted by the Ordinance, of the City Attorney (Herrera)'s calendar, with all items, from April 28 to May 4, 2019 (inclusive)."

We remind you of your obligation under City of San Jose v Superior Court (2017) to search personal accounts/devices for calendar items regarding the public's business, as appropriate.

We remind you of your obligations to provide electronic records in the original format you hold them in. Therefore, calendars exported in the .ics, iCalendar, or vCard formats with all non-exempt headers, metadata, attachments, etc. are best. Such formats are easily exportable from Google Calendar, Microsoft Outlook, Microsoft Exchange or other common calendaring/email systems.

However, if you choose to convert calendar items, for example, to PDF or printed format, to easily redact them, you must ensure that you have preserved the full content of the original calendar item record (as specified in request "1"), which contains many detailed headers beyond the ones commonly printed out. If you instead provide PDFs or printed items with only a few of the headers or lacking attachments/images, and therefore withhold the other headers/attachments without justification, you may be in violation of SF Admin Code 67.26, 67.27, Govt Code 6253(a), 6253.9, and/or 6255, and we may challenge your decision.

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: San Francisco City Attorney

Dear Sir/Madam,

I am writing in response to your immediate disclosure request received May 8, 2019.

We hereby invoke an extension of no more than 14 days to consult with another department regarding the records (See Cal. Gov't Code ยง6253(c) (3)). We will do our best to respond as soon as possible. However, based on the breadth of the request and the detailed information sought by it, which may or may not be readily available, we reserve the right to treat your request not as an immediate disclosure request, but as a request subject to the ordinary deadlines. If this is the case, we will notify you of such within 10 days.

Please send replies to cityattorney@sfcityatty.org<mailto:cityattorney@sfcityatty.org>

Sincerely,

[cid:image002.jpg@01D5071B.22FF0F30]Elizabeth A. Coolbrith
Paralegal
Office of City Attorney Dennis Herrera
(415) 554-4685 Direct
www.sfcityattorney.org
Find us on: Facebook<https://www.facebook.com/sfcityattorney/> Twitter<https://twitter.com/SFCityAttorney> Instagram<https://www.instagram.com/sfcityattorney/>

From: San Francisco City Attorney

Dear Sir/Madam,

Attached is a copy of the City Attorney's calendar from April 28, 2019 through May 4, 2019.

Your request for the detailed headers and metadata for these calendar entries is not simple, routine, or readily answerable, as we need to review the matter with our IT staff to locate this information and to determine what portions if any may be produced. Therefore the immediate disclosure requirements do not apply. We will instead treat it as a normal request, and hereby invoke an extension of up to 14 days from today's date, based on Cal Govt Code 6253(c). We will get back to you as soon as we can.

Please send replies to cityattorney@sfcityatty.org<mailto:cityattorney@sfcityatty.org>

Sincerely,

[cid:image003.jpg@01D50F12.79260360]Elizabeth A. Coolbrith
Paralegal
Office of City Attorney Dennis Herrera
(415) 554-4685 Direct
www.sfcityattorney.org
Find us on: Facebook<https://www.facebook.com/sfcityattorney/> Twitter<https://twitter.com/SFCityAttorney> Instagram<https://www.instagram.com/sfcityattorney/>

From: Anonymous Person

Thank you - I look forward to any remaining disclosures.

From: San Francisco City Attorney

Dear Sir/Madam,

Following up on our previous emails, we have investigated the matter further and have performed a reasonable and diligent search and were able to locate the following information. Please note, the calendar entries did not include many of the items you mentioned in your request (email addresses, inline images, attachments, exhibits, etc). We did not locate any headers or timestamps or other metadata beyond what is shown here. To the extent you are also requesting the native files for these calendar items rather than the PDFs, we would withhold the native files under Cal. Evid. Code section 1040 and Cal Govt Code 6253.9(f).

Please send replies to cityattorney@sfcityatty.org<mailto:cityattorney@sfcityatty.org>

Sincerely,

[cid:image003.jpg@01D51A2A.C3F4DA10]Elizabeth A. Coolbrith
Paralegal
Office of City Attorney Dennis Herrera
(415) 554-4685 Direct
www.sfcityattorney.org
Find us on: Facebook<https://www.facebook.com/sfcityattorney/> Twitter<https://twitter.com/SFCityAttorney> Instagram<https://www.instagram.com/sfcityattorney/>

From: Anonymous Person

Thank you for the further disclosures. While I do not concede that you are not required to provide native electronic files, I currently intend to wait for the conclusions of our other complaints before the Sunshine Task Force to determine how to proceed.

I will point out as I have in other complaints that exporting files is not a threat to the security of your original files or the security of your proprietary technology (the export format should be a standard calendar format), as long as you properly redact them. Furthermore, the "official information" privilege seems at first glance not relevant to the issue of native file production.

From: San Francisco City Attorney

Good Morning:

The City Attorney's Office has been named as a Respondent in the attached complaint filed with the Sunshine Ordinance Task Force. Please respond to the following complaint/request within five business days.

The Respondent is required to submit a written response to the allegations including any and all supporting documents, recordings, electronic media, etc., to the Task Force within five (5) business days of receipt of this notice. This is your opportunity to provide a full explanation to allow the Task Force to be fully informed in considering your response prior its meeting.

Please include the following information in your response if applicable:

1. List all relevant records with descriptions that have been provided pursuant to the Complainant request.
2. Date the relevant records were provided to the Complainant.
3. Description of the method used, along with any relevant search terms used, to search for the relevant records.
4. Statement/declaration that all relevant documents have been provided, does not exist, or has been excluded.
5. Copy of the original request for records (if applicable).

Please refer to the File Number when submitting any new information and/or supporting documents pertaining to this complaint.

The Complainant alleges:

Complaint Attached.

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.

From: San Francisco City Attorney

Good Morning:

Please find attached the response to Complaint No. 20014 from the Office of the City Attorney.

Victor Young
Assistant Clerk
Board of Supervisors
phone 415-554-7723 | fax 415-554-5163
victor.young@sfgov.org<mailto:victor.young@sfgov.org> | www.sfbos.org<http://www.sfbos.org>

Files

pages

Close