Chief of Staff Calendar/Meetings - Immediate Disclosure Request

Anonymous Person filed this request with the Office of the Mayor of San Francisco, CA.
Status
Completed

Communications

From: Anonymous Person

Sean Elsbernd and Office of Mayor,

** Note that all of your responses (including disclosed records) may be automatically and instantly available to the public on the MuckRock.com FOIA service used to issue this request (though I am not a MuckRock representative). Redact your responses correctly - once you send them to us there is no going back. **

This is a new Immediate Disclosure Request under the San Francisco Sunshine Ordinance and the CPRA, made on October 17, 2019 re: your calendars. This is also a SFAC 67.21(c) request for the statement of quantity, nature, and form (even if exempt!) for each of #1, 2, and 3, within 7 days without extension. For the quantity of #1, I would like the number of meetings, each of which is an item being requested.

All calendars, whether Prop G or not, that your agency prepared, owned, used, or retained re: the public's business are public records (see SOTF 19047 Anonymous v Breed et al.; and also Supervisor of Records determination of Sept. 6, citing the Good Government Guide).

I understand that you claim you do not have to retain your calendars (which I take no position on), however the CPRA/Ordinance are clear you must provide whatever records exist as of your receipt of this request. Do not destroy records during the pendency of this request or any appeals.

All records must be provided in rolling fashion.

Please provide:
1) IMMEDIATE DISCLOSURE: an electronic copy of all of Elsbernd's government calendars (all of them), and scheduling entries, and meeting invitations from October 10, 2019 to October 24, 2019. For calendars, you may provide this by directly printing the Outlook Daily View to PDF. We don't need ICS or individual entries in this particular case. For meeting invitations, you should print the invitations directly, individually to PDF (not print/scan). This includes *declined* or not-yet-accepted invitations, and those both sent and received by Elsbernd for events on those days.

2) IMMEDIATE DISCLOSURE: Furthermore, I request that a City of San Jose v Superior Court (2017) search be performed of Elsbernd to provide: calendar items, scheduling entries, and meeting invitations from October 10, 2019 to October 24, 2019 that are present on their personal calendars or on personal accounts/devices/property (solely to the extent the record or portion thereof relates to the public's business). Any electronic format easily provided by Elsbernd is acceptable here.

Please provide only those copies of records available without any fees. If you determine certain records would require fees, please instead provide the required notice of which of those records are available and non-exempt for inspection in-person if we so choose.

I look forward to your immediate disclosure.

Sincerely,
Anonymous

From: Office of the Mayor

Dear Anonymous,

Please see attached the records responsive to your request below.

Please note the following redactions:

* Top of page 1 - personal private information unrelated to city business redacted. See Cal. Govt. Code Secs. 6254(c), 6254(k); California Constitution, Art. I, Sec. 1.

* Remaining redactions on page 1 - call-in information redacted pursuant to the official information privilege. See Cal. Evid. Code Sec. 1040(b)(2).
* Page 8 - personal cell number redacted to protect privacy. See Cal. Govt. Code Secs. 6254(c), 6254(k); California Constitution, Art. I, Sec. 1.
* Pages 9 - 10 up through 7:45 AM - private information redacted to protect personal privacy. See Cal. Govt. Code Secs. 6254(c), 6254(k); California Constitution, Art. I, Sec. 1.
* Page 10 remaining - call-in information redacted pursuant to the official information privilege. See Cal. Evid. Code Sec. 1040(b)(2).
* October 11, 11AM - personal address information redacted to protect privacy. See Cal. Govt. Code Secs. 6254(c), 6254(k); California Constitution, Art. I, Sec. 1.
* October 12 - 15th through 7:45AM - personal private information unrelated to city business redacted. See Cal. Govt. Code Secs. 6254(c), 6254(k); California Constitution, Art. I, Sec. 1.
* October 15 9:30 AM - call-in information redacted pursuant to the official information privilege. See Cal. Evid. Code Sec. 1040(b)(2).
* October 15 - 12 pm - information unrelated to city business redacted. See Cal. Govt. Code Secs. 6254(c), 6254(k); California Constitution, Art. I, Sec. 1.
* October 15 - 3pm - information redacted to protect the identity of individuals involved in ongoing hiring processes. See Cal. Govt. Code Secs. 6254(c), Admin. Code § 67.24(c).
* October 15 - 4pm - information unrelated to city business redacted. See Cal. Govt. Code Secs. 6254(c), 6254(k); California Constitution, Art. I, Sec. 1.
* October 16 - 8:30 AM - call-in information redacted pursuant to the official information privilege. See Cal. Evid. Code Sec. 1040(b)(2).
* October 16 - 1:45pm - information redacted to protect the identity of individuals involved in ongoing hiring processes. See Cal. Govt. Code Secs. 6254(c), Admin. Code § 67.24(c).
* October 16 - 4:15 - 7pm - information unrelated to city business redacted
* October 16 - 8:15- 9:30AM - call-in information redacted pursuant to the official information privilege. See Cal. Evid. Code Sec. 1040(b)(2).
* October 16 - 10:30AM - information unrelated to city business redacted
* Page 18 - top of 21 - details regarding future meetings redacted for security purposes. Cal. Gov. Code 6254(f).
* October 17 - 1:30PM - 4PM information unrelated to city business redacted
* October 17 - 5PM - information redacted to protect the identity of individuals involved in ongoing hiring processes. See Cal. Govt. Code Secs. 6254(c), Admin. Code § 67.24(c).
* October 18 - first entry - personal information unrelated to city business redacted. See Cal. Govt. Code Secs. 6254(c), 6254(k); California Constitution, Art. I, Sec. 1.
* October 18 - 10:30 AM - call-in information redacted pursuant to the official information privilege. See Cal. Evid. Code Sec. 1040(b)(2).
* October 18 - 11AM - personal information unrelated to city business redacted. See Cal. Govt. Code Secs. 6254(c), 6254(k); California Constitution, Art. I, Sec. 1.
* October 18 - 3:15 PM - personal cell number redacted to protect privacy. See Cal. Govt. Code Secs. 6254(c), 6254(k); California Constitution, Art. I, Sec. 1.

The responsive information has been provided in a PDF format for its ease of transferability and accessibility, consistent with Cal. Gov. Code 6253.9(a)(1). Metadata from any native format has not been provided to avoid risks to the security and integrity of the original record as well as the city's data and information technology systems and to avoid the release of exempt confidential or privileged information. See Cal. Gov. Code 6253.9 (f) and 6254.19. The PDF format ensures the security and integrity of the original record as well as the security and integrity of the city's data and information technology systems.

Please also note that with respect to calendar entries for October 18 through October 24, this portion of your request requires consultation with another city department and thus we are invoking the full time period of 10 days to respond, barring a further extension. See Government Code § 6253(c) and San Francisco Admin. Code § 67.25.

Regards,

Hank Heckel
Compliance Officer
Office of the Mayor
City and County of San Francisco

From: Office of the Mayor

Dear Anonymous,

Please see attached the additional files associated with the calendar entries produced below.
Regards,

Hank Heckel
Compliance Officer
Office of the Mayor
City and County of San Francisco

From: Anonymous Person

** Note that all of your responses (including disclosed records) may be automatically and instantly available to the public on the MuckRock.com FOIA service used to issue this request (though I am not a MuckRock representative). Redact your responses correctly - once you send them to us there is no going back. **

Thank you. Mr. Heckel, there is conference call information on pg. 10 of your responsive record at 10am for Oct. 11. I know this is for a past meeting, but do you wish to redact this as well?

From: Office of the Mayor

Yes. I will provide a replacement copy. Thank you.
Sent from my iPhone

From: Anonymous Person

** Note that all of your responses (including disclosed records) may be automatically and instantly available to the public on the MuckRock.com FOIA service used to issue this request (though I am not a MuckRock representative). Redact your responses correctly - once you send them to us there is no going back. **

Thank you - I have requested MuckRock delete the prior record (Responsive_Calendar_10.10_to_10.18.pdf) and look forward to a corrected record.

Can you also please clarify whether you already responded to #2 re: San Jose records in this case, or is that outstanding? There were no responsive records for #2?

--Anonymous

From: Office of the Mayor

Anonymous,

Thank you for removing the earlier copy. Please see a replacement copy for the calendar entries produced yesterday in response to this request.

Please note the additional redactions of conference call information on page 10, withheld pursuant to the official information privilege. See Cal. Evid. Code Sec. 1040(b)(2).

Please note that we have responded to the “San Jose” portion of your request. There were no responsive records for item 2.

Thank you,

Hank Heckel
Compliance Officer
Office of the Mayor
City and County of San Francisco

From: Anonymous Person

** Note that all of your responses (including disclosed records) may be automatically and instantly available to the public on the MuckRock.com FOIA service used to issue this request (though I am not a MuckRock representative). Redact your responses correctly - once you send them to us there is no going back. **

Future Dated: Oct 29, 2019

This is a further Immediate Disclosure Request for monthly PDF printouts for all months in 2019 (past, present, and future) of all of Elsbernd's calendars.

Because I want you to be able to give me 5-day response to Order 19047, you may, at your discretion, treat this IDR as received Oct 29, the day your 19047 response is due.

This should be 12 pages of responsive records. I again urge you to use the Adobe functionality specifically made for giving redaction reasons (and not to forget to "apply" the redactions) - it should be a lot less work than writing the redaction reasons out in letter form.

Since Elsbernd surely doesn't have a law enforcement security detail at every possible meeting he attends, you will not be able to use your prior exemption theory for future meetings here.

Such a request is simple and readily answerable. If you consider this voluminous or wish to consult another department SFAC 67.25 gives you 10 days, not 10 + 14 days as it seems the City believes. It would be 10 + 14 days only if it was not simple and not readily answerable.

No City of San Jose request here.

--Anonymous

From: Office of the Mayor

Dear Anonymous,

Please see the attached calendar file in response to your request below.

Please note the following redactions:

* November 4, 11AM - information regarding law enforcement/security issues withheld for security purposes. Cal. Gov. Code 6254(f);
* November 1, 10:30AM - information regarding law enforcement/security issues withheld for security purposes. Cal. Gov. Code 6254(f);
* December 4, 4PM - information regarding law enforcement/security issues withheld for security purposes. Cal. Gov. Code 6254(f);
* All other redactions - information concerning private appointments and information unrelated to city business withheld to protect personal privacy. See Cal. Govt. Code Secs. 6254(c), 6254(k); California Constitution, Art. I, Sec. 1.

Please let me know if you have questions regarding this request.

Regards,

Hank Heckel
Compliance Officer
Office of the Mayor
City and County of San Francisco

October 25, 2019

This is a follow up to a previous request:

** Note that all of your responses (including disclosed records) may be automatically and instantly available to the public on the MuckRock.com FOIA service used to issue this request (though I am not a MuckRock representative). Redact your responses correctly - once you send them to us there is no going back. **

Future Dated: Oct 29, 2019

This is a further Immediate Disclosure Request for monthly PDF printouts for all months in 2019 (past, present, and future) of all of Elsbernd's calendars.

Because I want you to be able to give me 5-day response to Order 19047, you may, at your discretion, treat this IDR as received Oct 29, the day your 19047 response is due.

This should be 12 pages of responsive records. I again urge you to use the Adobe functionality specifically made for giving redaction reasons (and not to forget to "apply" the redactions) - it should be a lot less work than writing the redaction reasons out in letter form.

Since Elsbernd surely doesn't have a law enforcement security detail at every possible meeting he attends, you will not be able to use your prior exemption theory for future meetings here.

Such a request is simple and readily answerable. If you consider this voluminous or wish to consult another department SFAC 67.25 gives you 10 days, not 10 + 14 days as it seems the City believes. It would be 10 + 14 days only if it was not simple and not readily answerable.

No City of San Jose request here.

--Anonymous

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---

On Oct. 22, 2019:
Subject: RE: California Public Records Act Request: Chief of Staff Calendar/Meetings - Immediate Disclosure Request
Anonymous,

Thank you for removing the earlier copy. Please see a replacement copy for the calendar entries produced yesterday in response to this request.

Please note the additional redactions of conference call information on page 10, withheld pursuant to the official information privilege. See Cal. Evid. Code Sec. 1040(b)(2).

Please note that we have responded to the "San Jose" portion of your request. There were no responsive records for item 2.

Thank you,

Hank Heckel
Compliance Officer
Office of the Mayor
City and County of San Francisco
---

From: Anonymous Person

Thank you. This October 10 request is closed and your response is acceptable.

Please note I intend to request all of Elsbernd's and Mayor Breed's calendars on a periodic basis. My purpose is to maintain a permanent public record of all the meetings regardless of whether your office chooses to retain or destroy the non-Prop G calendars.

Sincerely,
Anonymous

From: Anonymous Person

Sorry: Thank you. This October *17* request is closed and your response is acceptable.

Please note I intend to request all of Elsbernd's and Mayor Breed's calendars on a periodic basis. My purpose is to maintain a permanent public record of all the meetings regardless of whether your office chooses to retain or destroy the non-Prop G calendars.

Sincerely,
Anonymous

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