Calendars and Emails - Immediate Disclosure Request (SF HSH)
It is a clone of this request.
| Submitted | Dec. 7, 2019 |
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Communications
From: twitter.com/journo_anon Public Records Requester
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: twitter.com/journo_anon Public Records Requester
To the Department Head,
Attached is an Immediate Disclosure Request (SF Admin Code 67.25(a)).
This message was sent late so, your response is required by Dec. *11*, 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: Department of Homelessness And Supportive Housing
Thanks for writing. It may take a few days for me to reply. In the meantime, if you require immediate attention, please contact annie.ma@sfgov.org<mailto:annie.ma@sfgov.org>, if this is a media request, please email hshmedia@sfgov.org<mailto:hshmedia@sfgov.org>, or if you are requesting information under San Francisco Administrative Code, Chapter 67 known as the Sunshine Ordinance of 1999, please email hshsunshine@sfgov.org<mailto:hshsunshine@sfgov.org>.
Jeff
From: twitter.com/journo_anon Public Records Requester
To the Department Head,
Attached is an Immediate Disclosure Request (SF Admin Code 67.25(a)).
This message was sent on Dec 12 so your response is required by Dec. *13*, 2019 (please ignore the contrary dates in the PDF). 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: Department of Homelessness And Supportive Housing
To Whom it May Concern,
We have received your request and are conducting a search for responsive records. Immediate disclosure requests must be satisfied no later than the close of business the next business day. Admin. Code § 67.25(a). We will respond by close of business, Friday, December 13, 2019.
Thank you,
HSH
From: Department of Homelessness And Supportive Housing
To Whom It May Concern:
Please note that we are invoking an extension of time to continue our response for up to 14 days under Government Code § 6253(c) and San Francisco Admin. Code § 67.25(b) because:
- the need to consult with another interested department. Admin. Code § 67.25(b).
Due to the extension, we will respond on or before Friday, December 27, 2019, by COB.
Thank you,
HSH
From: Department of Homelessness And Supportive Housing
To Whom It May Concern:
This email pertains to your request submitted on December 12, 2019. The responsive documents for your request are attached. 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 Secs. 6253.9 (a)(1), (f); 6254.19.
1. the specific calendar required to be kept by SF Admin Code 67.29-5 (aka "Prop G calendar") for your Department Head (whether an employee or elected official, defined pursuant to SF Charter 2A.30 para 1), with each and every meeting/item for Nov 10 - Nov 17, 2019 (inclusive). Since these dates are more than 3 business days prior to this request, you must immediately provide them. You may use any format to provide this calendar as long as it provides at least the location, exact start and end times, general description of topics, and (as required by 67.29-5) identity of meeting participants for every meeting. If all 67.29-5 information is not visible in a summary view, you must print out the individual meeting entries.
Responsive documents are attached. Due to privacy and safety concerns, residential addresses, some names (related to interview and personnel information), and personal phone numbers have been redacted. (Cal. Govt. Sec. 6254(c). "personnel, medical or similar files, the disclosure or which would constitute an unwarranted invasion of personal privacy.")
2. every meeting/entry on every calendar for your Department Head for Nov 10-17, 2019 (inclusive). This specifically includes both the SFAC 67.29-5/Prop G calendar, and all other calendar records (aka "non-Prop G" calendars) prepared, owned, retained, or used by your Department Head or agency staff (see SOTF Order 19047). Calendars and meeting entries are requested in their original electronic format or in .ICS format, with all non-exempt headers and metadata, and you must preserve all attachments, exhibits, formatting, hyperlinks, images, colors, email addresses, invitees and their attendance status, recurrences, exact start/end times, locations, titles, and descriptions. Daily, weekly, or monthly summary views are non-responsive - each individual meeting entry is requested.
There is only one calendar, and the responsive document for this is already attached, for item 1.
3. every meeting/entry on every calendar for your Department Head for future dates Dec 16-23 (inclusive). This specifically includes both the SFAC 67.29-5/Prop G calendar, and all other calendar records (aka "non-Prop G" calendars) prepared, owned, retained, or used by your Department Head or agency staff (see SOTF Order 19047). Calendars and meeting entries are requested in their original electronic format or in .ICS format, with all non-exempt headers and metadata, and you must preserve all attachments, exhibits, formatting, hyperlinks, images, colors, email addresses, invitees and their attendance status, recurrences, exact start/end times, locations, titles, and descriptions. Daily, weekly, or monthly summary views are non-responsive - each individual meeting entry is requested.
Responsive documents are attached. Due to privacy and safety concerns, residential addresses, some names (related to interview and personnel information), and personal phone numbers have been redacted. (Cal. Govt. Sec. 6254(c). "personnel, medical or similar files, the disclosure or which would constitute an unwarranted invasion of personal privacy.")
4. the most recent 5 emails sent by your Department Head via their government email account. Emails are requested in their original electronic format, or in .EML or .MSG format, with all non-exempt headers and metadata, and you must preserve all attachments, exhibits, formatting, hyperlinks, images, colors, and From/To/Cc/Bcc email addresses.
Responsive documents are attached.
5. the most recent 5 emails received by your Department Head via their government email account. Emails are requested in their original electronic format, or in .EML or .MSG format, with all non-exempt headers and metadata, and you must preserve all attachments, exhibits, formatting, hyperlinks, images, colors, and From/To/Cc/Bcc email addresses.
Responsive documents are attached. Email 3 has been withheld due to Cal. Govt. Sec. 6254(c). "personnel, medical or similar files, the disclosure or which would constitute an unwarranted invasion of personal privacy." Email 2 and Email 4 have been withheld due to Sunshine Ordinance - Section 67.24(a)(2). "draft versions of an agreement being negotiated by representatives of the City with some other party need not be disclosed immediately upon creation."
6. the most recent 5 emails relating to the conduct of public business, subject to City of San Jose v Superior Court (Smith, 2017) , sent by your Department Head via their personal email account. Emails are requested in their original electronic format, or in .EML or .MSG format, with all non-exempt headers and metadata, and you must preserve all attachments, exhibits, formatting, hyperlinks, images, colors, and From/To/Cc/Bcc email addresses.
We have no responsive documents for this request.
7. the most recent 5 emails relating to the conduct of public business, subject to City of San Jose v Superior Court (Smith, 2017) , received by your Department Head via their personal email account. Emails are requested in their original electronic format, or in .EML or .MSG format, with all non-exempt headers and metadata, and you must preserve all attachments, exhibits, formatting, hyperlinks, images, colors, and From/To/Cc/Bcc email addresses.
We have no responsive documents for this request.
Thank you,
HSH
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From: twitter.com/journo_anon Public Records Requester
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 Homelessness And Supportive Housing
Dear Anonymous,
This email is confirmation that HSH is in receipt of your request. Unfortunately, our department director’s email account is not accessible at this time. He is out of the office and not reachable, and due to a transition in the department’s support staff, there are no other HSH employees with access to his email account. For this reason, your request is not simple, routine, or otherwise readily available, and cannot be processed as an Immediate Disclosure Request. We expect it will be possible to fulfill your request in the coming days, and we will do so as soon as possible.
Thank you,
HSH
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~WRD000
From: twitter.com/journo_anon Public Records Requester
Thank you, but I will need to follow-up separately.
From: Department of Homelessness And Supportive Housing
Forwarding to requests@muckrock.com<mailto:requests@muckrock.com> as requested.
HSH
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