Calendars and Emails - Immediate Disclosure Request (SF BoS Clerk)

Anonymous Person filed this request with the San Francisco County Board of Supervisors of San Francisco, CA.
Status
Completed

Communications

From: Anonymous Person

Office of the Clerk of the Board of Supervisors,

Attached is an Immediate Disclosure Request (SF Admin Code 67.25(a)). For the purposes of the attached request, Department Head is defined as Clerk Calvillo.
This request is not directed to the Supervisors themselves.

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

Office of the Clerk of the Board of Supervisors,

Attached is an Immediate Disclosure Request (SF Admin Code 67.25(a)). For the purposes of the attached request, Department Head is defined as Clerk Calvillo.
This request is not directed to the Supervisors themselves.

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: San Francisco County Board of Supervisors

To Whom It May Concern,

Thank you for your inquiry. On behalf of the Office of the Clerk of the Board, I am confirming receipt of your request.

Provided attached are records responsive to your request.

As a disclaimer, records containing personal information, privileged information, or personnel matters may be redacted or withheld pursuant to CA Government Code 6254; Evidence Code sec. 952; Evidence Code sec. 954; Code of Civil Procedure 2018.030; Government Code 6254(c), Art. I, sec. 1; CA Const., Evidence Code sec. 1041; Evidence Code sec. 1040; Government Code sec. 6254(k); and/or Government Code sec. 6276.32.

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,
__
Wilson L. Ng
Records and Project Manager
San Francisco Board of Supervisors
1 Dr. Carlton B. Goodlett Place, Room 244
San Francisco, CA 94102

Disclosures: Personal information that is provided in communications to the Clerk of 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: Anonymous Person

Ms. Calvillo,

Thank you for your timely and thorough response.

We are performing checks on the Sunshine practices of various
SF agencies using a standardized request, and though your agency
performed well, but we believe some issues remain re: compliance
with the Sunshine Ordinance/CPRA (see attachment).

In lieu of the Sunshine Ordinance Task Force complaints process
of hearings, findings of violations, and Order of Determination,
we'd like to offer a compromise. The result of such a compromise
in lieu of complaints would be a signed letter published online
by the Department Head, accepting that the Department inadvertently
violated certain Sunshine/CPRA provisions, but has, as of the execution
of the letter, corrected its public records procedures in specified ways, along
with a copy of the updated procedures document. My goal is that future
requesters’ full spectrum of Sunshine rights are protected even if they are not
aware of them, or have the legal resources to challenge and appeal.

If you would like to negotiate such a compromise instead of going through
SOTF, please let us know by email.

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: San Francisco County Board of Supervisors

Thank you for your response. We are currently reviewing, and will provide you with a response or update by December 24, 2019.

__
Wilson L. Ng
Records and Project Manager
San Francisco Board of Supervisors
Disclosures: Personal information that is provided in communications to the Clerk of 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: Anonymous Person

Thank you - we will hold in abeyance any complaints on this request until Dec. 24, 2019 and look forward to a resolution that benefits all members of the public going forward.

From: San Francisco County Board of Supervisors

To Whom It May Concern,

Thank you again for your inquiry. To follow up and supplement the calendars provided to you, provided attached are calendar items in an alternative memo view, which provides all available requisite calendar detail(s) and information. Also, provided are responses below in red, in response to the allegations provided in your score card document. If you have any questions about a specific entry or item contained in the records provided, please feel free to inquire and I will be glad to oblige with additional assistance.

* SFAC 67.21(k), GC 6253(c) - No determination provided whether each of our 7 requests had responsive records or not, whether any were withheld or not.
This is to confirm that our office was not able to identify any additional records responsive to your request. No responsive records were withheld. Applicable redactions were applied with justifications noted inline within the responsive documents provided. Please reference the original documents.

As a general disclaimer, records containing personal information, privileged information, or personnel matters may be redacted or withheld pursuant to CA Government Code 6254; Evidence Code sec. 952; Evidence Code sec. 954; Code of Civil Procedure 2018.030; Government Code 6254(c), Art. I, sec. 1; CA Const., Evidence Code sec. 1041; Evidence Code sec. 1040; Government Code sec. 6254(k); and/or Government Code sec. 6276.32.

* SFAC 67.21(b,k), GC 6253(c) - No response was received regarding past non-Prop G calendars (R2). Respondents must explicitly state whether responsive records exist or not, and whether any were withheld.

This is to confirm that office was not able to identify any additional calendar items responsive to your request beyond the entries that were provided to you.

Calendars items for 11/10/19-11/17/19 and 12/16/19-12/23 for the Clerk of the Board were provided, with applicable redactions and justification noted inline within the document. However, to supplement the calendar items provided to you, provided attached are the calendar items in a more detailed memo format, which provides all requisite and available calendar detail(s).

* SFAC 67.26 - Past non-Prop G calendars (R2) were withheld in their entirety. See SOTF Order 19047. SFAC 67.26 - Past non-Prop G calendars (R2) were withheld partially. Some meetings or information about them may have been not provided. If agency fails to provide the individual meeting view as requested, that would qualify here.

This is to confirm that office was not able to identify any additional calendar items responsive to your request beyond the entries that were provided to you.

Calendars items for 11/10/19-11/17/19 and 12/16/19-12/23 for the Clerk of the Board were provided, with applicable redactions and justification noted inline within the document. However, to supplement the calendar items provided to you, provided attached are the calendar items in a more detailed memo format, which provides all requisite and available calendar detail(s).

* SFAC 67.26 - A limited portion of future calendars (R3) were withheld, with justification, such as with the Mayor’s Office. However, minimal withholding was not performed. At least some See SOTF Order 18075 and current proceeding SOTF 19103 and SOTF 19112.

We disagree. Redactions are in fact minimal, as there is only one redaction made to the 12/16/19-12/23 calendar items, with the justification noted inline within the document. The one item was a personal meeting with no pertinence to City business, and was redacted pursuant to CA Government Code 6254. The calendar is again provided attached for reference.

* SFAC 67.27, 67.21(k), GC 6253(b) - Even if documents were converted to PDFs directly, some nonmetadata information (ex. hyperlinks) were withheld without justification. Furthermore, records are not exact copies as we requested (GC 6253(b)).
As provided in our response on December 10, 2019, 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. However, if you have a question about a specific entry or item contained in the records provided, please feel free to inquire and I will be glad to oblige with additional assistance.

* SFAC 67.21(c, k), GC 6253(c) - Incomplete response (R6/R7) - City of San Jose (2017) specifies that communications about the public business kept on personal property are still public records. Personal accounts must be searched and records provided, or Respondents must explicitly state that there are no responsive records for R6/R7.

This is to confirm that office was not able to identify any additional records responsive to your request as the Clerk of the Board does not have communications about public business retained on personal property.

* SFAC 67.21(c, k) - Incomplete response (R6/R7) - The scope of search for public records on personal property does not meet the requirements of San Jose. (See pending SOTF 19091, 19098)

This is to confirm that office was not able to identify any additional records responsive to your request as the Clerk of the Board does not have communications about public business retained on personal property.

Sincerely,
__
Wilson L. Ng
Records and Project Manager

San Francisco Board of Supervisors
1 Dr. Carlton B. Goodlett Place, Room 244
San Francisco, CA 94102

Note: I will be out of the office from 12/25/2019 through 1/1/2020

Disclosures: Personal information that is provided in communications to the Clerk of 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: Anonymous Person

RE: BCC Emails - Immediate Disclosure Request

Department Head (which is defined as the Clerk of the Board):

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.

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: San Francisco County Board of Supervisors

To Whom it May Concern,

Thank you for your inquiry. On behalf of the Office of the Clerk of the Board, I am confirming receipt of your request.
Please note that the purpose of an immediate disclosure request is to expedite the City’s response to a simple, routine, or otherwise readily answerable request. For more extensive or demanding requests, the maximum deadlines for responding to a request may apply (Admin. Code §67.25(a)).

Due to our need to inquire with the Clerk of the Board to identify and review records responsive to your request, I intend to provide you with an update or response within ten (10) calendar days in accordance with San Francisco Admin. Code §67.25, and will keep you apprised if additional time is required.

Sincerely,
__
Wilson L. Ng
Deputy Director of Operations

San Francisco Board of Supervisors
1 Dr. Carlton B. Goodlett Place, Room 244
San Francisco, CA 94102

Phone: (415) 554-7725
Web: www.sfbos.org<http://www.sfbos.org/>

[CustomerSatisfactionIcon]<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
Disclosures: Personal information that is provided in communications to the Clerk of 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 County Board of Supervisors

To Whom it May Concern,

Please see the attached records responsive to your request, as per our inquiry to the Clerk of the Board.

Sincerely,
__
Wilson L. Ng
Deputy Director of Operations

San Francisco Board of Supervisors
1 Dr. Carlton B. Goodlett Place, Room 244
San Francisco, CA 94102

Disclosures: Personal information that is provided in communications to the Clerk of 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: Anonymous Person

Thank you very much for a complete response.

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