Calendars and Emails - Immediate Disclosure Request (SF Library)
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| Submitted | Dec. 7, 2019 |
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Communications
From: twitter.com/journo_anon Public Records Requester
Michael Lambert, City Librarian (Dept 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
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 Public Library
Dear Anonymous,
Please find attached responsive information for questions 1 and 2 per your request.
Best regards,
Michael Lambert | Pronouns (He, Him, His)
City Librarian
San Francisco Public Library
100 Larkin Street | San Francisco, CA 94102-4733
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From: San Francisco Public Library
Anonymous
MuckRock News
DEPT MR 84172
411A Highland Ave
Somerville, MA 02144-2516
Dear Anonymous:
I am writing in response to your Immediate Disclosure Request received on December 7, 2019 requesting:
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 IDR-2019-12-07-AA3985034.93059-SF_PUBLIC_RECORDS_AUDIT 2 pursuant to SF Charter 2A.30 para 1), with each and every meeting/item for Nov 10 - Nov 17, 2019 (inclusive).
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).
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.
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 nonexempt headers and metadata, and you must preserve all attachments, exhibits, formatting, hyperlinks, images, colors, and From/To/Cc/Bcc email addresses.
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.
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.
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.
With regard to Items 1 and 2, please be advised that the responsive information being provided for the specific calendar kept for me as Department Head is identical and duplicative for every meeting/entry on "every calendar" for me as Department Head. We have redacted recurrence information concerning the department head meeting with the Mayor dated November 13, 2019, to protect the Mayor's security. Gov't Code § 6254(f); Gov't Code § 6254(k); Evid. Code. § 1040; Times Mirror Company v. Superior Court, 53 Cal.3d 1325 (1991).
With regard to Item 3, we have withheld a record of one meeting with the Mayor to protect the Mayor's security. Gov't Code § 6254(f); Gov't Code § 6254(k); Evid. Code. § 1040; Times Mirror Company v. Superior Court, 53 Cal.3d 1325 (1991). We have also redacted a personal email address on a meeting on December 18, 2019 from 11:30-1:30 on the basis of personal privacy. Gov't Code § 6254(c); Art. I, Secs. 1 and 3 of the California Constitution.
With regard to Items 4 and 5, the City Librarian has two government email accounts: 1) michael.lambert@sfpl.org and 2) citylibrarian@sfpl.org. This response includes the most recent 5 emails received and sent via both of these government email accounts. We have also redacted a personal email address on an email dated December 6, 2019, 2:44 pm, on the basis of personal privacy. Gov't Code § 6254(c); Art. I, Secs. 1 and 3 of the California Constitution.
With regard to Items 6 and 7, we have redacted my personal email address wherever it appears in the responsive records on the basis of personal privacy. Gov't Code § 6254(c); Art. I, Secs. 1 and 3 of the California Constitution.
These records are being produced in 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 Gov't Code § 6253.9 (a)(1), (f); Gov't Code § 6254.19.
I will be providing responsive documents in separate emails. If you have any additional questions or concerns please contact me.
Best regards,
Michael Lambert | Pronouns (He, Him, His)
City Librarian
San Francisco Public Library
100 Larkin Street | San Francisco, CA 94102-4733
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From: San Francisco Public Library
Dear Anonymous,
Please find attached responsive information for item 5 per your request.
Best regards,
Michael Lambert | Pronouns (He, Him, His)
City Librarian
San Francisco Public Library
100 Larkin Street | San Francisco, CA 94102-4733
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From: San Francisco Public Library
Dear Anonymous,
Please find attached responsive information for item 4 per your request.
Best regards,
Michael Lambert | Pronouns (He, Him, His)
City Librarian
San Francisco Public Library
100 Larkin Street | San Francisco, CA 94102-4733
There are too many files to display on this communication. See all files
From: San Francisco Public Library
Dear Anonymous,
Please find attached responsive information for item 3 per your request.
As an update to the original response, we have also redacted a personal email address on a meeting on December 17, 2019 from 12:00 - 1:30 on the basis of personal privacy. Gov't Code § 6254(c); Art. I, Secs. 1 and 3 of the California Constitution.
Best regards,
Michael Lambert | Pronouns (He, Him, His)
City Librarian
San Francisco Public Library
100 Larkin Street | San Francisco, CA 94102-4733
There are too many files to display on this communication. See all files
From: San Francisco Public Library
Dear Anonymous,
Please find attached responsive information for items 6 and 7 per your request.
Best regards,
Michael Lambert | Pronouns (He, Him, His)
City Librarian
San Francisco Public Library
100 Larkin Street | San Francisco, CA 94102-4733
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There are too many files to display on this communication. See all files
From: San Francisco Public Library
Dear Anonymous,
I am resending one of the files (see attached) with the redaction of the personal email address clearly redacted for the meeting on December 17, 2019 from 12:00 - 1:30 on the basis of personal privacy. Gov't Code § 6254(c); Art. I, Secs. 1 and 3 of the California Constitution. The prior file for this meeting did not show the redaction.
I apologize for the oversight and the need to resend.
Best regards,
Michael Lambert | Pronouns (He, Him, His)
City Librarian
San Francisco Public Library
100 Larkin Street | San Francisco, CA 94102-4733
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From: twitter.com/journo_anon Public Records Requester
Mr. Lambert,
Please see my response attached.
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: San Francisco Public Library
Dear Anonymous:
Thank you for your prompt reply. I will seek guidance from my Custodian of Records when they return to the office in order to understand the concerns you have highlighted pertaining to my response. With regards to:
“A21. SFAC 67.26 - One or more non-metadata parts of a record were withheld incorrectly (aka,
something that should not have been redacted, was redacted). in
“11.26.19_personal_email_sent_Redacted” portions of an email are getting cut off
the side of the page (and thus withheld) - can your PDF tool be fixed to disclose this?”
I have reviewed the PDF file and realized the table information was indeed cut off within the PDF. I have gone into the original source email and copied and pasted this table with the contents into the attached PDF document. I’ll continue to work with the original email to try to PDF it in a manner that doesn’t cut off this information. If I am successful I will resend the file as soon as possible.
Best regards,
Michael Lambert | Pronouns (He, Him, His)
City Librarian
San Francisco Public Library
100 Larkin Street | San Francisco, CA 94102-4733
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From: twitter.com/journo_anon Public Records Requester
Thanks again. Here's the full score card (it replaces my earlier library). Please let me know if SFPL would like to negotiate any of those allegations.
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: twitter.com/journo_anon Public Records Requester
Thanks again. Here's the full score card (it replaces my earlier library). Please let me know if SFPL would like to negotiate any of those allegations.
**Resending with attachment.
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: San Francisco Public Library
[cid:image003.jpg@01D5B742.6A19D4E0]
December 20, 2019
Anonymous
RE: California Public Records Act Request: Calendars and Emails - Immediate Disclosure Request (SF Library)
Dear Anonymous:
I am writing in response to your SF Public Records Compliance Score Card received on December 15, 2019. Thank you for the positive feedback. In an effort to address the outstanding items you highlighted:
"* your PDF generation process fails to preserve hyperlinks (hyperlinks are not metadata - the URLs are entered in by a human being), which results in information (the URL) being withheld without justification (SFAC 67.26, 67.27)
* you have redacted your personal email address when used for public business (Gov Code 6254.3(b)(1))"
I am providing an updated production of the earlier responsive information that I hope addresses the issue of the hyperlinks. My Information Technology (IT) staff installed the Adoble Acrobat Pro software on our machines on December 19 to provide my team with the appropriate software application to save emails as "Save to PDF".
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All Staff message
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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: San Francisco Public Library
Dear Anonymous:
I am writing in response to your immediate disclosure request for:
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:*)
I have no responsive information to this request. Thank you for providing me search instructions. I have performed the search query to no avail:
[cid:image002.jpg@01D5E006.E5073CA0]
In reviewing my new message function, I have discovered my configuration does not have the BCC... listed as an option, which helps to explain why I never use it.
[cid:image003.png@01D5E006.E5073CA0]
If you have any questions or concerns regarding this response, please email our Custodian of Records, Sue Blackman.
Thank you,
Michael Lambert | Pronouns (He, Him, His)
City Librarian
San Francisco Public Library
100 Larkin Street | San Francisco, CA 94102-4733
From: twitter.com/journo_anon Public Records Requester
Thank you for your prompt response!
Files
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