Communications regarding MUNI "Sick out" the week of June 2nd 2014

Michael Damm filed this request with the San Francisco Municipal Transportation Agency of San Francisco, CA.
Tracking #

2014-223
Submitted June 5, 2014
Est. Completion None
Status
Partially Completed

Communications

From: Michael Damm

Subject: None

Email

To Whom It May Concern:

Pursuant to the California's Sunshine Amendment (Cal. Const. Art. I, § 3(b)), I hereby request the following records:

Any and all internal communications related to the MUNI employee "sick out" event during the week of June 2nd 2014

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 calendar days, as the statute requires.

Sincerely,

Michael Damm

From: SFMTA Sunshine Requests

Subject: None

Email

Dear Mr. Damm:

I am confirming that we received your Public Records Request today. We assigned your request as #2014-223. In your request, you asked for the following:

• Any and all internal communications related to the MUNI employee "sick out" event during the week of June 2nd 2014

If I misunderstood your request, please let me know immediately.

Our department will identify and compile the requested information. The Sunshine Ordinance requires departments to respond as soon as possible or within ten calendar days from receipt of any records requests. Therefore, I will contact you as soon as the responsive documents are ready and will do so on or before Monday, June 16, 2014, as permitted by San Francisco Administrative Code § 67.21(b) and California Government Code § 6253(c).

Caroline Celaya
Manager, Public Records Requests
SFMTA
One South Van Ness Avenue, 7th Floor
San Francisco, CA 94103
415.701.4670
415-701-4502 fax

From: SFMTA Sunshine Requests

Subject: None

Email

Dear Mr. Damm:

I am confirming that we received your Public Records Request today. We assigned your request as #2014-223. In your request, you asked for the following:

• Any and all internal communications related to the MUNI employee "sick out" event during the week of June 2nd 2014

If I misunderstood your request, please let me know immediately.

Our department will identify and compile the requested information. The Sunshine Ordinance requires departments to respond as soon as possible or within ten calendar days from receipt of any records requests. Therefore, I will contact you as soon as the responsive documents are ready and will do so on or before Monday, June 16, 2014, as permitted by San Francisco Administrative Code § 67.21(b) and California Government Code § 6253(c).

Caroline Celaya
Manager, Public Records Requests
SFMTA
One South Van Ness Avenue, 7th Floor
San Francisco, CA 94103
415.701.4670
415-701-4502 fax

From: SFMTA Sunshine Requests

Subject: None

Email

Dear Mr. Damm:

I am confirming that we received your Public Records Request today. We assigned your request as #2014-223. In your request, you asked for the following:

• Any and all internal communications related to the MUNI employee "sick out" event during the week of June 2nd 2014

If I misunderstood your request, please let me know immediately.

Our department will identify and compile the requested information. The Sunshine Ordinance requires departments to respond as soon as possible or within ten calendar days from receipt of any records requests. Therefore, I will contact you as soon as the responsive documents are ready and will do so on or before Monday, June 16, 2014, as permitted by San Francisco Administrative Code § 67.21(b) and California Government Code § 6253(c).

Caroline Celaya
Manager, Public Records Requests
SFMTA
One South Van Ness Avenue, 7th Floor
San Francisco, CA 94103
415.701.4670
415-701-4502 fax

From: Celaya, Caroline

Subject: None

Email

Dear Mr. Damm:

On behalf of the San Francisco Municipal Transportation Agency (the "SFMTA"), this email responds to your public records request dated June 5, 2014.

The Records Requested

You have requested a copy of:

"Any and all internal communications related to the MUNI employee "sick out" event during the week of June 2nd 2014."

Exemptions and Privileges

The California State Constitution protects the privacy rights of individual members of the general public and disclosure of personal information such home address information, telephone numbers, and email addresses would violate these privacy rights. [California Constitution, Article I, §1, Government Code §6254(c) and (k) (protecting records which are "exempted or prohibited pursuant to provisions of federal or state law" from disclosure).] (California Constitution, Article I, §1 and Government Code §6254(c); Hill v. National Collegiate Athletic Assn., (1994) 7 Cal. 4th 1, 35 (identifying privacy interest in precluding dissemination of sensitive, confidential information); City of San Jose v. Superior Court, (1999) 74 Cal.App.4th 1008 (court denied media's request for names and contact information of complainants).) The City has a duty to protect the personal privacy of third parties. Where privacy rights are involved, nondisclosure is not just a privilege, but a legal requirement. As a result, the SFMTA has redacted personal information of third parties from the documents we are providing you.

The SFMTA is also not required to disclose records where disclosure of such records would constitute an unwarranted invasion of personal privacy. (California Constitution, Article I, §1; Cal. Gov't Code § 6254(c); see also Cal. Gov't §6254(k); Hill v. National Collegiate Athletic Assn., (1994) 7 Cal. 4th 1, 35 (identifying privacy interest in precluding dissemination of sensitive, confidential information); Teamsters Local 856 v. Priceless, LLC, (2003) 112 Cal. App. 4th 1500, 1512 (public employees have right of privacy in their personnel files); Braun v. City of Taft, (1984) 154 Cal.App.3d 332, 345-347); City of San Jose v. Superior Court, (1999) 74 Cal.App.4th 1008 (court denied media's request for names and contact information of complainants).) Because disclosure of some of the documents responsive to your request are personnel records containing information confidential under both the California Constitution and Section 6254(c) of the Public Records Act, we decline to produce those documents. We have also redacted portions of some of the documents that we are disclosing for the same reason.

Document Production

Attached please find documents responsive to your request.

Please be advised we are hereby invoking an extension of an additional 14 calendar days from June 16, 2014, to respond to your request.

Under the California Public Records Act and the San Francisco Sunshine Ordinance, the deadline can be extended for an additional fourteen days due to "the need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records that are demanded in a single request," and "the need for consultation, which shall be conducted with all practicable speed, with another agency having substantial interest in the determination of the request or among two or more components of the agency having substantial subject matter interest therein." Cal. Gov't Code §6253(c)(2), and (3). The SFMTA is invoking the extension on these grounds because staff must (1) collect and examine a voluminous amount of material, and (2) consult with another City agency having substantial subject matter interest in the request. We will endeavor to respond to your request as soon as possible, but not later than June 30, 2014.

Please contact the Sunshine request line at (415) 701-4670 or at sfmtasunshinerequests@sfmta.com if you have any further questions regarding this matter or if you would like additional information.

Sincerely,

Caroline Celaya
Manager, Public Records Requests
SFMTA
One South Van Ness Avenue, 7th Floor
San Francisco, CA 94103
415.701.4670
415-701-4502 fax

From: Celaya, Caroline

Subject: None

Email

Part 2 attached and below

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From: Celaya, Caroline

Subject: None

Email

Dear Mr. Damm:

Please see the additional documents attached in response to your request below.
More documents will be sent as they become available.

Sincerely,

Caroline Celaya
Manager, Public Records Requests
SFMTA
One South Van Ness Avenue, 7th Floor
San Francisco, CA 94103
415.701.4670
415-701-4502 fax

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From: Celaya, Caroline

Subject: None

Email

Dear Mr. Damm:

On behalf of the San Francisco Municipal Transportation Agency (the "SFMTA"), this email responds to your public records request dated June 5, 2014. On June 16, we provided you with some documents responsive to your request invoked a 14 day extension - until June 30, 2014 - to respond to the remainder of your request. We apologize for the delay in our response to you.

The Records Requested

A copy of your request is below for your reference.

Exemptions and Privileges

The SFMTA has documents responsive to your request but is not producing some of the documents based on the following exemptions.

The Public Records Act allows an agency to decline to disclose "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 to privilege." See Gov. Code §6254(k); see also, S.F. Admin. Code §67.21(k). California Evidence Code §954 protects from disclosure communications between attorneys and their clients. The California Supreme Court has confirmed that Government Code §6254(k) authorizes a public entity to deny a member of the public access to a document by asserting the attorney-client privilege. See Roberts v. Palmdale, (1993) 5 Cal.4th 363. Similarly, California Code of Civil Procedure ("CCP") §2018 protects "any writing that reflects an attorney's impressions, conclusions, opinion, or legal research or theories." CCP §2018 protects the work product, not just attorney work product, generated by a public agency in anticipation of litigation. Fairley v. Superior Court of Los Angeles County, (1998) 66 Cal.App.4th 1414, 1422 fn. 5.

Some of the documents you have requested are exempt from disclosure under either the attorney-client privilege or the attorney work product privilege. Disclosure of the communications you have requested would impede the ability of the SFMTA to receive legal advice. Accordingly, we will not produce privileged attorney-client communications and attorney work product.

Document Production

Attached please find documents responsive to your request. Additional documents will follow in a separate email shortly.

Please contact the Sunshine request line at (415) 701-4670 or at sfmtasunshinerequests@sfmta.com if you have any further questions regarding this matter or if you would like additional information.

Sincerely,

Caroline Celaya
Manager, Public Records Requests
SFMTA
One South Van Ness Avenue, 7th Floor
San Francisco, CA 94103
415.701.4670
415-701-4502 fax

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From: Celaya, Caroline

Subject: None

Email

Part 2 and final.

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