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This request is permanently embargoed.

BCC Emails - Immediate Disclosure Request (SF DPW)

twitter.com/journo_anon Public Records Requester filed this request with the Department of Public Works of San Francisco, CA.

It is a clone of this request.

Tracking #

20-645

Status
Completed
Tags

Communications

From: twitter.com/journo_anon Public Records Requester

RE: BCC Emails - Immediate Disclosure Request

To the Department Head:

Below are new Immediate Disclosure Requests (SF Admin Code 67.25(a)) directed to your agency and its department head. Your response is required by Feb 11, 2020. Rolling records responses are requested (SFAC 67.25(d)) if you are unable to immediately produce records. Exact copies of every responsive record are requested (Gov Code 6253(b)) - do not: provide mere URLs, print and scan electronic records, convert native files to PDFs, or provide black and white versions of any color record. Provide only copies of records not requiring fees and in-person inspection of all other records (GC 6253). Emails are requested in the easily-generated EML or MSG formats (SFAC 67.21(l)).

I am now auditing how the City appears to unlawfully withhold the BCC recipients of emails when they print out emails in certain formats. The identity of BCC recipients is not exempt. BCC is not an information security record that reveals vulnerabilities or increases chance of an attack. The BCC names was typed in by a human being and are not metadata. You must provide BCC just like you provide To or CC recipients. There is no legal authority to keep secret the identities of persons communicating with government officials, unless they are specifically confidential informants and such. If you withhold the BCC names, I will file complaints, separate and apart from email metadata complaints.

Your non-exhaustive obligations: All withholding of any information must be justified in writing (SFAC 67.27). All withholdings by masking or deletion (aka redactions) must be keyed by footnote or other clear reference to the specific justification for that redaction, and only the minimal exempt portion of any record may be withheld (SFAC 67.26). You must respond to emailed requests (SFAC 67.21(b)). You must notify us of whether or not responsive records exist and/or were withheld for each below request (Gov Code 6253(c), 6255(b)). You must state the name and title of each person responsible for withholding any information (Gov Code 6253(d)). Do not impose any end-user restrictions upon me (Santa Clara Co. vs Superior Ct, 170 Cal.App 4th 1301); so if you use a third-party website to publish records, please make them completely public without any login or sign-in.

Your agency must do all of the above things in your response, and you cannot wait until we file complaints.

****** We have no duty to, and we will not again, remind the City of its obligations. Instead, we will file complaints for every Sunshine Ordinance or CPRA violation. We will continue to file complaints until the City's procedures are modified to fully comply with the Sunshine Ordinance and CPRA, without caveat or exception. ******

1. An exact copy with all email headers (incl. but not limited to the BCC identities), attachments, color, formatting and all other parts of the record of the most recent 5 emails which have any BCC recipients which were sent by your interim Department Head on their government account . Note that you will have to search directly from the Department Head's computer or account in their Sent folder specifically (In many email systems, no other method will allow you to see the BCC recipients). In modern Outlook systems, the search query is as follows: (bcc:*)

2. An exact copy with all email headers (incl. but not limited to the BCC identities), attachments, color, formatting and all other parts of the record of the most recent 5 emails which have any BCC recipients which were sent by your suspended Department Head on their government account . Note that you will have to search directly from the Department Head's computer or account in their Sent folder specifically (In many email systems, no other method will allow you to see the BCC recipients). In modern Outlook systems, the search query is as follows: (bcc:*)

Do not destroy or discard any responsive records - we will appeal all withholdings or Sunshine violations.

NOTE: Please be certain you have properly redacted all of your responses. Once you send them to us, there is no going back. The email address sending this request is a publicly- viewable mailbox. All of your responses (including all responsive records) may be instantly and automatically available to the public online via the MuckRock.com FOIA service used to issue this request (though the requester is an anonymous user, not a representative of MuckRock). Nothing herein is legal, IT, or professional advice of any kind. The author disclaims all warranties, express or implied, including but not limited to all warranties of merchantability or fitness. In no event shall the author be liable for any special, direct, indirect, consequential, or any other damages whatsoever. The digital signature, if any, in this email is not an indication of a binding agreement or offer; it merely authenticates the sender. Please do not include any confidential information, as I intend that these communications with the City all be disclosable public records.

Sincerely,

Anonymous

From: Department of Public Works

City and County of San Francisco

************************************************************************

Hi there

A message was sent to you regarding record request #20-645:

We received your Immediate Disclosure Request, dated Feb. 8, on Feb. 10. Public records requests received after the close of business, or received on a weekend or holiday, are considered received on the next business day. You have requested the following records:

1. An exact copy with all email headers (incl. but not limited to the BCC identities), attachments, color, formatting and all other parts of the record of the most recent 5 emails which have any BCC recipients which were sent by your interim Department Head on their government account . Note that you will have to search directly from the Department Head's computer or account in their Sent folder specifically (In many email systems, no other method will allow you to see the BCC recipients). In modern Outlook systems, the search query is as follows: (bcc:*)

2. An exact copy with all email headers (incl. but not limited to the BCC identities), attachments, color, formatting and all other parts of the record of the most recent 5 emails which have any BCC recipients which were sent by your suspended Department Head on their government account . Note that you will have to search directly from the Department Head's computer or account in their Sent folder specifically (In many email systems, no other method will allow you to see the BCC recipients). In modern Outlook systems, the search query is as follows: (bcc:*)

Our department will identify and compile the requested information. The Sunshine Ordinance requires departments to respond to an Immediate Disclosure Request no later than the close of business the next business day. Therefore, we will contact you as soon as the responsive documents are ready for you to view and will do so on or before Feb. 11, as permitted by San Francisco Administrative Code § 67.25(a).

Please note that it is not necessary to create a NextRequest account to view responsive records. Once they have been released, a link, valid for 30 days, will be provided to view the records. Additionally, unless privacy concerns prevent it, Public Works makes all records requests visible to the public. You may search for requests at https://sanfrancisco.nextrequest.com/.

************************************************************************
<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://www.nextrequest.com/support'>help page</a>

From: Department of Public Works

Dear Anonymous,

I am confirming that we received your emailed Immediate Disclosure Request, dated Feb. 8, on Feb. 10. Public records requests received after the close of business, or received on a weekend or holiday, are considered received on the next business day. You have requested the following records:

1. An exact copy with all email headers (incl. but not limited to the BCC identities), attachments, color, formatting and all other parts of the record of the most recent 5 emails which have any BCC recipients which were sent by your interim Department Head on their government account . Note that you will have to search directly from the Department Head's computer or account in their Sent folder specifically (In many email systems, no other method will allow you to see the BCC recipients). In modern Outlook systems, the search query is as follows: (bcc:*)

2. An exact copy with all email headers (incl. but not limited to the BCC identities), attachments, color, formatting and all other parts of the record of the most recent 5 emails which have any BCC recipients which were sent by your suspended Department Head on their government account . Note that you will have to search directly from the Department Head's computer or account in their Sent folder specifically (In many email systems, no other method will allow you to see the BCC recipients). In modern Outlook systems, the search query is as follows: (bcc:*)

Our department uses the NextRequest online records request system. You will receive an email from Nextrequest.com with instructions for following up on this request. In the future, please make requests for Public Works records online at: http://sfpublicworks.org/records.

Please note that it is not necessary to create a NextRequest account to view responsive records. Once they have been released, a link, valid for 30 days, will be provided to view the records. Additionally, unless privacy concerns prevent it, Public Works makes all records requests visible to the public. You may search for requests at https://sanfrancisco.nextrequest.com/.

Our department will identify and compile the requested information. The Sunshine Ordinance requires departments to respond to an Immediate Disclosure Request no later than the close of business the next business day. Therefore, we will contact you as soon as the responsive documents are ready for you to view and will do so on or before Feb. 11, as permitted by San Francisco Administrative Code § 67.25(a).

Please note that the Public Records Act requires an agency to make available to any person a copy of an "identifiable record or records" in its possession, unless the record is specifically exempt from disclosure. (Please see California Government Code § 6253(b).) The City's obligation under the Sunshine Ordinance, like the Public Records Act, is to produce public records in its custody. (See San Francisco Administration Code § 67.20(b).) There is no requirement that a department or officer construct a document to meet the specifications of the request.

We will produce responsive records online through the NextRequest portal. However, if hard copies are needed, we can provide hard copies of any 8.5x11 documents that are made available to you at a cost of 10 cents per copy, as allowed by the San Francisco Administrative Code § 67.28(c). This section states "a fee not to exceed 10 cents per page may be charged." Postage is an additional cost.

In lieu of hard copies, we can burn the responsive records onto a CD at a rate of $1 per CD or load the responsive records onto a flash drive at a rate of $4 per flash drive. Fees for duplication are subject to change and postage is an additional cost.

Regards,

[cid:image003.jpg@01D5DFF2.D5012780]David A. Steinberg
Custodian of Records & Executive Assistant to the Director
San Francisco Public Works | City and County of San Francisco
City Hall, Room 348 - 1 Dr. Carlton B. Goodlett Pl. | San Francisco, CA 94102 | (415) 554-6950
sfpublicworks.org<http://www.sfpublicworks.org/> · twitter.com/sfpublicworks<http://www.twitter.com/sfpublicworks>

For public records requests, please go to sfpublicworks.org/records<http://www.sfpublicworks.org/records>.

From: Department of Public Works

City and County of San Francisco

************************************************************************

Hi there

Your record request #20-645 has been submitted. You can see it anytime at the link below.

************************************************************************
<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://www.nextrequest.com/support'>help page</a>

From: Department of Public Works

City and County of San Francisco

************************************************************************

Hi there

A document has been released for record request #20-645:

* 02.08.10 from Anon.msg

Document links are valid for one month.
After March 10, 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://www.nextrequest.com/support'>help page</a>

From: Department of Public Works

City and County of San Francisco

************************************************************************

Hi there

A document has been released for record request #20-645:

* 02.08.10 from Anon.txt

Document links are valid for one month.
After March 10, 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://www.nextrequest.com/support'>help page</a>

From: Department of Public Works

Use this to confirm your account. The link is only valid for 24 hours.

City and County of San Francisco

************************************************************************
Hello Anonymous!
************************************************************************

You can confirm your City and County of San Francisco public records portal account by copying and pasting the URL below into your web browser. This link is only valid for the next 24 hours.

Magic link: https://sanfrancisco.nextrequest.com/users/confirmation?confirmation_token=9wPWXzbeioyFs36s7Ywa

************************************************************************
Questions? Check out our help page (https://www.nextrequest.com/support) or email us at support@nextrequest.com.
************************************************************************

Powered by NextRequest (https://www.nextrequest.com).

From: Department of Public Works

City and County of San Francisco

************************************************************************

Hi there

A message was sent to you regarding record request #20-645:

We received your Immediate Disclosure Request, dated Feb. 8, on Feb. 10. Public records requests received after the close of business, or received on a weekend or holiday, are considered received on the next business day. You have requested the following records:

 

We received your Immediate Disclosure Request, dated Feb. 8, on Feb. 10. Public records requests received after the close of business, or received on a weekend or holiday, are considered received on the next business day. You have requested the following records:

1. An exact copy with all email headers (incl. but not limited to the BCC identities), attachments, color, formatting and all other parts of the record of the most recent 5 emails which have any BCC recipients which were sent by your interim Department Head on their government account .

2. An exact copy with all email headers (incl. but not limited to the BCC identities), attachments, color, formatting and all other parts of the record of the most recent 5 emails which have any BCC recipients which were sent by your suspended Department Head on their government account.

 

We are not able to respond to your Immediate Disclosure Request today. Pursuant to San Francisco Administrative Code Section 67.25(b) and California Government Code Section 6253(c), we are invoking an extension of up to 14 days (until Feb. 25) because of the need to consult with another department and the need to compile or extract electronic data. We will endeavor to complete our response before that date.

Regards,

 

David A. Steinberg

Custodian of Records

San Francisco Public Works

************************************************************************
<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://www.nextrequest.com/support'>help page</a>

From: Department of Public Works

City and County of San Francisco

************************************************************************

Hi there

A message was sent to you regarding record request #20-645:

We have finished conducting a diligent search and found no documents responsive to the portion of your request for items from acting Director of Public Works Alaric Degrafinried.

We will continue to process the rest of your request.

Regards,

 

David A. Steinberg

Custodian of Records

San Francisco Public Works

************************************************************************
<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://www.nextrequest.com/support'>help page</a>

From: Department of Public Works

City and County of San Francisco

************************************************************************

Hi there

Documents have been released for record request #20-645:

* Fwd_ Update_ Incident at the Main Library today.pdf

* Re_ Dewey Circle-redacted.pdf

* Strategic Plan &amp; Performance Plan_Appraisal Report.pdf-redacted.pdf

Document links are valid for one month.
After March 24, 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://www.nextrequest.com/support'>help page</a>

From: Department of Public Works

City and County of San Francisco

************************************************************************

Hi there

Documents have been released for record request #20-645:

* Feedback Requested for Street and Sidewalk Cleanliness_Problem Construction Version 2.docx

* Feedback Requested for Street and Sidewalk Cleanliness_Root Causes and Fishbone Diagram Version 1.xlsx

Document links are valid for one month.
After March 24, 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://www.nextrequest.com/support'>help page</a>

From: Department of Public Works

City and County of San Francisco

************************************************************************

Hi there

Record request #20-645 has been closed and published. The closure reason supplied was:

We have conducted a diligent search for records responsive to your request. We have located responsive records and are releasing them to you. Please note that we were only four records responsive to the first portion of your request. 

If you have trouble accessing the files, we can burn the responsive records onto a CD at a rate of $1 per CD or load the responsive records onto a flash drive at a rate of $4 per flash drive. Fees for duplication are subject to change and postage is an additional cost.

 

If hard copies are needed, we can provide hard copies of any 8.5x11 documents that are made available to you at a cost of 10 cents per copy, as allowed by the San Francisco Administrative Code § 67.28(c). This section states "a fee not to exceed 10 cents per page may be charged." Postage is an additional cost.

 

Please note that the Public Records Act requires an agency to make available to any person a copy of an “identifiable record or records” in its possession, unless the record is specifically exempt from disclosure. (Please see California Government Code § 6253(b).) The City’s obligation under the Sunshine Ordinance, like the Public Records Act, is to produce public records in its custody. (See San Francisco Administration Code § 67.20(b).) There is no requirement that a department or officer construct a document to meet the specifications of the request.

 

Due to privacy concerns, personal information, such as personal phone numbers, cell numbers and email addresses, has been redacted from the documents that we are making available to you. We redacted this personal information pursuant to Section 6254(c) and Section 6254(k) of the California Public Records Act and Article 1, Section 1 of the California Constitution.

Please note that it is not necessary to create a NextRequest account to view responsive records. Once they have been released, a link, valid for 30 days, will be provided to view the records. Additionally, unless privacy concerns prevent it, Public Works makes all records requests visible to the public. You may search for requests at https://sanfrancisco.nextrequest.com/

We have withheld records responsive to your request [and/or redacted parts of the records provided in response to your request] that constitute private personnel records of a City employee. Cal. Govt. Code Secs. 6254(c), 6254(k); California Constitution, Art. I, Sec. 1.

This concludes your public records request.

Regards,

 

David A. SteinbergCustodian of RecordsSan Francisco Public Works 

 

************************************************************************
<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://www.nextrequest.com/support'>help page</a>

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