Corrected Productions in SOTF 19044 Anonymous v City Attorney Dennis Herrera, et al. (San Francisco)

City Attorney Dennis Herrera, Elizabeth Coolbrith, Office of City Attorney:

On Jan 21, we intend to enter as final proof of our case in SOTF 19044 the Oct 2, 2019 testimony of the City's own witness, IT security expert and SF CISO Mike Makstman.
We intend to further prove to the SOTF that you possess at least one tool that gives email metadata even in PDF (Acrobat PDFMaker), though we do not concede that a lack of tools ever excuses non-compliance. We intend to also prove that EML/MSG are easily-generated formats. We intend to also show, via case law, that your production of the email headers in PDF form constitutes a concession by the City that the underlying record is a public record.

I am preparing this new email address as I thus expect to win on all counts in SOTF 19044 Anonymous v Dennis Herrera, et al and you may wish to start production prior to the 5-day clock runs.
This is NOT a new records request. Our requests from April 20, 2019 have never been lawfully produced. All timeliness requirements continue to run from April 20, 2019. Please perform all corrected productions, whether voluntarily or as ordered by the Task Force or any court of competent jurisdiction, on this new email address re: SOTF 19044.

As a reminder, of the two emails requested, you produced non-minimally-withheld, wrong-format headers in one email, and refused to produce any headers in any format for the other email. Every single withholding of information must be either produced OR keyed by footnote or other clear reference to a SFAC 67.27 written justification. Withholding must be minimal. All easily-generated (it doesn't say easily-redacted) formats we request must be produced.

We will maintain all allegations and pursue all enforcement orders even if you correct the productions before Jan 21; you do not get to wait 8 months to follow the law.

Because you have already received two continuances in 19044, we will oppose any continuance you propose and ask the SOTF to proceed without you if needed. Your refusal to attend will be alleged as willful violation.

The City Attorney's Office will follow the entire Sunshine Ordinance, CPRA, and California Constitution, for every record, every request, every requestor, every time. Any future failures to produce records lawfully after SOTF formally finds you in violation OR any failure to produce all records correctly within 5 business days of a published Order will result in allegations of willful violation, which constitute official misconduct, before the Ethics Commission and/or CPRA petitions for writ of mandate and/or direct enforcement of SOTF orders, before Superior Court.

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). Do not produce fee-based copies of records; instead provide in person inspection of those records. 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 (in SOTF 19044)

FYI - the Mayor's Office has now started to (apparently voluntarily) produce essentially all email metadata. It has also begun to produce very limited calendar metadata, and are apparently still mulling over the broader calendar data. Apart from your separate office in 19044, we will proceed to get all departments that report to the Mayor to do the same.

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). Do not produce fee-based copies of records; instead provide in person inspection of those records. 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 (in SOTF 19044)

You can ignore the follow-up. The SOTF Order will come out soon and I will get what I want.