Calendars and Emails - Immediate Disclosure Request (SF Public Utilities)
It is a clone of this request.
| Submitted | Dec. 7, 2019 |
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Communications
From: twitter.com/journo_anon Public Records Requester
General Manager Harlan L. Kelly, Jr.:
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: Public Utilities Commission
To Whom It May Concern at Muckrock News,
Thank you for your request for public information. Attached, you will find the responsive documents to your request:
1. Meetings from Nov. 10-17.
2. There are no other calendars for our "Department Head"
3. Meetings for future dates Dec. 16-23 in two parts: 12/16-20 and 12/21-23.
4. Most recent 5 emails sent
5. Most recent 5 emails received
6. There are no responsive documents/emails related to request #6
7. There are no responsive documents/emails related to request #7
As a courtesy, on the attachments related to meetings from Nov. 10-17, here are the last names of folks referenced in 1:1 meetings with Harlan Kelly:
11/13 Tyrone Jue and Harlan Kelly
11/14 Greg Norby and Harlan Kelly
11/14 Eric Sandler and Harlan Kelly
11/14 Donna Hood and Harlan Kelly
11/15 Kathy How and Harlan Kelly
11/15 Zoon Nguyen and Harlan Kelly
11/15 Justine Hinderliter and Harlan Kelly
11/15 Steve Ritchie and Harlan Kelly
Please note the SFPUC has redacted from the enclosed records certain calendar information because the information contained therein is exempt from disclosure under the privacy, privilege, and security exemptions of the California Public Records Act. In addition, 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(f); 6254.19.)
Some of the records you seek contain privileged attorney-client communications, which are exempt from disclosure under the Public Records Act. (See, S.F. Admin. Code § 67.21(k) (release of records under the San Francisco Sunshine Ordinance governed by the California Public Records Act in particulars not addressed by the Sunshine Ordinance); Gov't Code § 6254(k) (providing an exemption for records protected from disclosure under federal or state law, including provisions of the Evidence Code relating to privilege; and Cal. Evidence Code § 954 (communications between attorneys and their clients are privileged). See also Cal. Gov't Code § 6276, § 6276.04 (cross-referencing in the Public Records Act the attorney-client and attorney work product privileges). Specifically, we have redacted calendar information regarding meetings occurring on December 17 (10:30 to 11:00 AM), December 18 (12:00 - 12:30 PM), and December 20 (2:00 - 2:45 PM), as these records contain and relate to privileged attorney-client communications.
Some of the records you seek contain information the disclosure of which would constitute an unwarranted invasion of personal privacy. Information, such as personal telephone numbers and emails, is exempt from disclosure. The withholding of this information is based on the California Constitution, Article I, section 1, and California Government Code section 6254, subdivisions (c) and (k). These provisions guard against disclosure of information that would invade personal privacy. Further, both the California Public Records Act (California Government Code Section 6250) and the San Francisco Sunshine Ordinance (San Francisco Administrative Code Section 67.1(g)) acknowledge the importance of protecting personal privacy when disclosing records in response to a public records request.
With regard to Item 3, we have redacted a record of one meeting with the Mayor to protect the Mayor's security. (Cal. Gov't Code § 6254(f); Cal. Gov't Code § 6254(k); Cal. Evid. Code. § 1040; Times Mirror Company v. Superior Court (1991) 53 Cal.3d 1325.)
Please know that we take our obligations under the Sunshine Ordinance very seriously, and SFPUC staff members make every effort to honor all requests within what is allowable by law and what is necessary to protect the public health and safety.
Sincerely,
Public Records
San Francisco Public Utilities Commission
525 Golden Gate Ave. 12th Floor
San Francisco, CA 94103
Public Records Main Line: 415-934-5753
Public Records Fax: 415-554-3282
publicrecords@sfwater.org<blocked::mailto:publicrecords@sfwater.org>
There are too many files to display on this communication. See all files
From: Public Utilities Commission
Dear Muckrock,
Here are two additional documents.
Best regards,
Sincerely,
Public Records
San Francisco Public Utilities Commission
525 Golden Gate Ave. 12th Floor
San Francisco, CA 94103
Public Records Main Line: 415-934-5753
Public Records Fax: 415-554-3282
publicrecords@sfwater.org<blocked::mailto:publicrecords@sfwater.org>
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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: Public Utilities Commission
Dear Mudrock News:
Thank you for your request for public information. Your request includes the following public records:
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:*)
Your request has been forwarded to the appropriate staff.
Please know that we take our obligations under the Sunshine Ordinance very seriously, and SFPUC staff members make every effort to honor all requests within what is allowable by law and what is necessary to protect the public health and safety.
Sincerely,
Public Records Coordinator
Public Records
San Francisco Public Utilities Commission
525 Golden Gate Ave. 12th Floor
San Francisco, CA 94103
Public Records Main Line: 415-934-5753
Public Records Fax: 415-554-3282
publicrecords@sfwater.org<blocked::mailto:publicrecords@sfwater.org>
From: Public Utilities Commission
Dear Muckrock News:
Please note the SFPUC has redacted from the enclosed records certain information because the information contained therein is exempt from disclosure under the privacy exemption of the California Public Records Act. The withholding of this information, including personal email addresses of commissioners and the private information of SFPUC employees, is based on the California Constitution, Article I, section 1, and California Government Code section 6254, subdivisions (c) and (k). These provisions guard against disclosure of information that would invade personal privacy. Further, both the California Public Records Act (California Government Code section 6250) and the San Francisco Sunshine Ordinance (San Francisco Administrative Code section 67.1(g)) acknowledge the importance of protecting personal privacy when disclosing records in response to a public records request. Please note, while the "Week in Review Edition 02-07-20" email we are providing in response to your request was sent to all five SFPUC commissioners, the personal email addresses of these commissioners have been redacted to protect the privacy interests of these individuals.
A record has been withheld because it contains privileged and confidential communications in pending litigation. Government Code section 6254(b) exempts from disclosure "[r]ecords pertaining to pending litigation which the public agency is a party . . . until the pending litigation or claim has been finally adjudicated or otherwise settled." (See also, Bd. of Trustees of the California State Univ. v. Superior Court (2005) 132 Cal.App.4th 889, 900 ("pending litigation exemption applies to litigation documents, when sought by persons or entities not party to the litigation, which the parties do not intend to be revealed outside the litigation")). The withheld record is also privileged "official information," and a confidential settlement communication which is exempt from disclosure under section 6254(k) of the California Public Records Act. (California Evidence Code § 1040; California Evidence Code § 1152; California Public Records Act § 6254(k) (exempting from disclosure, "Records, the disclosure of which is exempted or prohibited pursuant to federal or state law, including, but not limited to, provisions of the Evidence Code relating.
Thank you,
SFPUC Public Records
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