Calendars and Emails - Immediate Disclosure Request (SF ACC)

Anonymous Person filed this request with the Department of Animal Care & Control of San Francisco, CA.
Status
Completed

Communications

From: Anonymous Person

To the Department Head,

Attached is an Immediate Disclosure Request (SF Admin Code 67.25(a)).
Your response is required by Dec. 10, 2019. Rolling records responses are requested (67.25(d)).

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 public records.

Sincerely,

Anonymous

From: Anonymous Person

RE: the DEC 7 IMMEDIATE DISCLOSURE REQUEST from this email address

Please note: "Exact copies" are requested for all records pursuant to CPRA Gov Code 6253(c).
Please email all records, or publish them to your own website/portal (as long as the URL is accessible without any login), or upload them and publish them to MuckRock.com directly using the auto-generated link in the footer below. Do not physically mail any records.
Provide only those copies available without fees - if you believe certain copies require fees, instead provide the required notice of which records are available for in-person inspection.

Your response is still required by Dec. 10, 2019. Rolling records responses were requested (67.25(d)).

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 public records.

Sincerely,

Anonymous

From: Department of Animal Care & Control

Hello,

Please see the attached responsive documents to your request for items #1, #2, #3, #4 and #5.

The records listed below have been redacted on the basis of personal privacy (Cal. Govt. Code Secs. 6254(c), 6254(k); California Constitution, Art. I, Sec. I).

· VDonohue_Calendar_111019-111719-produced-121019 (page 5)

· VDonohue_Calendar_111219-2000-produced-121019_redacted

· VDonohue_Calendar_121619-122319-produced-121019 (page 12, 13 and 14)

· Re External 3-D viewing_redacted (page 1 and 2)

· RE External Shelter tour_redacted (page 2)’

Government Code Section 6254 (k) and Evidence Code 1040 permit the redaction of official information privilege. This applies to the following records:

· VDonohue_Calendar_111019-111719-produced-121019 (page 7)

· VDonohue_Calendar_111319-0830-produced-121019_redacted (page 2 and 3)

· VDonohue_Calendar_121619-122319-produced-121019 (page 2, 12, 14 and 15)

· VDonohue_Calendar_121819-0830-produced-121019_Redacted (page 1 and 2)

These records are being produced in a PDF format and requested metadata is being withheld to protect the integrity and security of the original record and to avoid the unwarranted disclosure of data that could pose a risk to the city’s systems and network and/or the inadvertent disclosure of exempt confidential or privileged information. See Cal. Gov. Code 6253.9 (a)(1), (f) and 6254.19.

We do not have responsive records to items #6 and #7. Our Department Head does not use a personal email account for city business.

Warm Regards,

Justine

[cid:c733a8eb-4e66-4700-bee6-4a1834af6bff]<https://www.sfanimalcare.org/>

Justine Alberto

1200 15th Street | San Francisco CA 94103

(415) 554-6364 | Dispatch (415) 554-9400

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From: Anonymous Person

Thank you for your thorough response! Please see my attached response.
Because your department's response was among the best of the agencies we requested records from, we'd prefer to just informally negotiate instead of file complaints.

Please let us know if you are willing to negotiate on the 2 non-metadata issues.
(We are already arguing at SOTF our position that metadata or non-PDF formats must be disclosed, so you can ignore those for now.)

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 public records.

From: Department of Animal Care & Control

Hello,

This email addresses your two items of concern.

ITEM #1 RE: Hyperlinks/URLs

We reviewed the responsive documents and find that the information from the Hyperlinks/URLs are embedded within the document.

For instance, in document “VDonohue_Calendar_111019-111719-produced-121019” the hyperlinks are non-functional but the information is available for your reference.

E.g. PAGE 1 “Veteran’s Day” information can be found on PAGE 3

[cid:c8839d9d-96be-43d9-bf73-878d7ea6c266]

[cid:3812528e-aafe-499f-bacc-14886f34c733]

All URLs have been made available unless previously noted for redaction. The URLs are live and the corresponding sites can be accessed from within the documents.

E.g. Document “VDonohue_Calendar_111019-111719-produced-121019” Page 6

[cid:87472d11-371e-40bf-99e4-e02484a2d313]

[cid:b146ae27-6b9a-4b55-80a8-457452308675]

If for any reason the URL is not live, the website may no longer be active and we are unable to produce that information.

Please let us know if there is a specific URL that you would like access to.

ITEM #2 RE: Department Head’s use of a personal account for work related information

We stand by our original statement, our Department Head does not use a personal account for city business.

Sincerely,

Justine

[cid:1dc9f289-262c-4bd5-8f55-4ba0c86faf89]<https://www.sfanimalcare.org/>

Justine Alberto

Principal Administrative Analyst

1200 15th Street | San Francisco CA 94103

(415) 554-6364 | Dispatch (415) 554-9400

[cid:23a8bae5-d8f9-4b3d-984d-c3eb78eb79e7]<https://www.facebook.com/SanFranciscoACC/> [cid:8827fad5-d092-4b7d-a9c4-42a0e7b2ae8a] <https://twitter.com/SFACC> [cid:0208e56a-fc72-4987-940e-36c68ce05df1] <https://www.instagram.com/sfanimalcareandcontrol/?hl=en>

From: Anonymous Person

RE: BCC Emails - Immediate Disclosure Request

Department Head:

Below are new Immediate Disclosure Requests (SF Admin Code 67.25(a)) directed to your agency and the 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 (which I have now already won, see ruling in SOTF 19044).

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, hyperlinks, images, and all other parts of the record of the most recent 5 emails which have any BCC recipients which were sent by your Dept Head on any government account . Note that you will have to search directly from the person'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 Animal Care & Control

Hello,

I see that you submitted an Immediate Disclosure Request directly to my email on Saturday, 02/08/2020. I have been out of the office sick and returned today, 02/12/2020. We are invoking an extension of up to 14 days to consult with another City department (Pursuant to San Francisco Administrative Code Section 67.25(b) and California Government Code Section 6253(c)).

Scincerley,
Justine

[New Shelter Logo 30%]<https://www.sfanimalcare.org/>
Justine Alberto
Principal Administrative Analyst
1200 15th Street | San Francisco CA 94103
Office (415) 554-9410 | Dispatch (415) 554-9400

[fb icon]<https://www.facebook.com/SanFranciscoACC/> [twitter icon] <https://twitter.com/SFACC> [ig icon] <https://www.instagram.com/sfanimalcareandcontrol/?hl=en>

From: Department of Animal Care & Control

Hello,

Please see the attached responsive documents to your request.

The records listed below have been redacted on the basis of personal privacy (Cal. Govt. Code Secs. 6254(c), 6254(k); California Constitution, Art. I, Sec. I).

* RE_ Inquiry -_ regarding MOU with SFSPCA_Redacted (page 1 and 2)
* RE_ New bat policy _Redacted (page 1 and 2)
* RE_ Unnecessary Killing of Dog by ACC [Sent 092519]_Redacted (page 1 and 2)

· RE_ Unnecessary Killing of Dog by ACC [Sent 092519] - image003 (image1.png) Redacted (page 1)

* RE_ Unnecessary Killing of Dog by ACC [Sent 101519]_Redacted (page 1, 2, and 3)

· RE_ Unnecessary Killing of Dog by ACC [Sent 101519] - image003 (image1.png) Redacted (page 1)

As advised by the San Francisco City Attorney’s Office, these records are being produced in a PDF format and requested metadata is being withheld to protect the integrity and security of the original record and to avoid the unwarranted disclosure of data that could pose a risk to the city’s systems and network and/or the inadvertent disclosure of exempt confidential or privileged information. See Cal. Gov. Code 6253.9 (a)(1), (f) and 6254.19.

Sincerely,
Justine

[New Shelter Logo 30%]<https://www.sfanimalcare.org/>
Justine Alberto
Principal Administrative Analyst
1200 15th Street | San Francisco CA 94103
Office (415) 554-9410 | Dispatch (415) 554-9400

[fb icon]<https://www.facebook.com/SanFranciscoACC/> [twitter icon] <https://twitter.com/SFACC> [ig icon] <https://www.instagram.com/sfanimalcareandcontrol/?hl=en>

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