Custodian of Records Working Group - Immediate Disclosure Request

Anonymous Person filed this request with the Office of Economic and Workforce Development of San Francisco, CA.
Status
Completed
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Communications

From: Anonymous Person

Dear Office of Economic and Workforce Development ,

This is a new Immediate Disclosure Request under the San Francisco Sunshine Ordinance, made before start of business August 22, 2019.

** Please redact your responses correctly! This is a public mailbox, and all of your responses (including emails, attachments, file shares, and the disclosed records) may be automatically and instantly available to the general public on the MuckRock.com service used to issue this request (though I am not a MuckRock representative). Once you send them to us, there's no going back. **

The audio record of the August 7 SOTF meeting appears to reference a "Custodian of Records Working Group" (aka "Custodian Working Group", called the "Group" below) of public employees attempting to, among other things, lobby (in a colloquial sense), via a letter, the SOTF to impose certain suggestions or restrictions on the behavior of the public. Perhaps my impression is incorrect; I would like to know more.

I request under the San Francisco Sunshine Ordinance (Ordinance) and the California Public Records Act (CPRA):

1. IMMEDIATE DISCLOSURE REQUEST: all agendas (draft or final) of meetings of the Group
2. IMMEDIATE DISCLOSURE REQUEST: all minutes (draft or final) of meetings of the Group
3. IMMEDIATE DISCLOSURE REQUEST: all listings of the membership/roster of the Group
4. regular request: all supporting documentation used at meetings of the Group
5. IMMEDIATE DISCLOSURE REQUEST: all records showing any budget allocations or other financial support given to the Group
6. regular request: all records that would demonstrate the public monies being used to support the activities of the Group (including showing the time spent by public employees performing Group work, for example calendar/schedule items showing when the meetings took place and who attended). Ms. Blackman said [in the Aug 7 SOTF audio record] that the signers spent "quite a lot of time" was spent writing this letter. Provide all records showing what public employee work time was spent writing this letter.
7. IMMEDIATE DISCLOSURE REQUEST: all records related to the attempt to lobby the Sunshine Ordinance Task Force to change their rules or procedures, including but not limited to the letter discussed at the SOTF Aug 7 meeting. Including a copy of the letter and all drafts or other versions of this letter.
8. regular request: all correspondence between your Compliance Officer and/or Custodian of Records and/or Public Records Manager and the Group as an entity
9. regular request: all correspondence between your Compliance Officer and/or Custodian of Records and/or Public Records Manager and any of { David Steinberg, Sue Blackman, Hank Heckel, Caroline Celaya, Marianne Mazzucco-Thompson } since Jan. 1, 2019.
10. regular request: Ms. Celaya stated [in the Aug 7 SOTF audio record] that certain best practices have been generated. Provide all policies/best practices written by the Group.

We remind you of your obligations to provide electronic records in any format we request them in, as long as either you hold them in that format, the format is available to you, or the format is easy to generate (Admin Code 67.21(l)). Therefore, calendars exported in the .ics, iCalendar, or vCard formats ("A") and emails exported in the .eml or .msg formats ("B") with all non-exempt headers, metadata, attachments, etc. are our desired formats. Such formats are easily exportable from Google Calendar/Gmail, Microsoft Outlook, Microsoft Exchange or other common calendaring/email systems. However, if you choose to convert electronic calendar items, for example, to PDF or printed format, to easily redact them, you must ensure that you have preserved the full content of the original calendar item record (as specified in requests 1 and 2), which contains many detailed headers beyond the ones generally printed out. If you provide PDFs or printed items with only a few of the headers or lacking attachments/images, and therefore withhold the other headers/attachments without justification, you may be in violation of SF Admin Code 67.21, 67.26, 67.27, Govt Code 6253(a), 6253.9, and/or 6255, and we may challenge your decision. We *do not* waive the requirement of 67.21(l) discussed above, and are merely instructing you to preserve information even if you provide to us the undesirable PDF format.

For word processing documents, either .docx or .pdf formats are fine. For physical items, scanning to PDF format is acceptable.

For this request, we are asking for a City of San Jose v Superior Court (2017) search be performed of the Compliance Officer/Custodian of Records/Public Records Manager and all other members of your department's staff who are a member of or have ever attended the Group, such that each such employee either provide all records responsive to this request present on their personal accounts/devices/property (solely to the extent the record or portion thereof relates to the public's business), or provide a declaration/affidavit that no such records exist. All such affidavits/declarations are also requested as responsive records to this request. Please handle the government account record search as an immediate disclosure search, and the personal search under regular timelines.

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. Please use email for all responses. I will not use any third-party records management private company's website, and I cannot be required to do so.

I look forward to your immediate disclosure.

Sincerely,
Anonymous

From: Office of Economic and Workforce Development

VIA ELECTRONIC MAIL

Requestor: requests@muckrock.com

Email: requests@muckrock.com

August 22, 2019

Re: Public Records Request received - August 23, 2019

Dear Anonymous:

This letter responds to your public records request received by the Office of Economic and Workforce Development (OEWD) via email on August 23, 2019. In your request, you asked for the following from the OEWD:

This is a new Immediate Disclosure Request under the San Francisco Sunshine Ordinance, made before start of business August 22, 2019.

** Please redact your responses correctly! This is a public mailbox, and all of your responses (including emails, attachments, file shares, and the disclosed records) may be automatically and instantly available to the general public on the MuckRock.com service used to issue this request (though I am not a MuckRock representative). Once you send them to us, there's no going back. **

The audio record of the August 7 SOTF meeting appears to reference a "Custodian of Records Working Group" (aka "Custodian Working Group", called the "Group" below) of public employees attempting to, among other things, lobby (in a colloquial sense), via a letter, the SOTF to impose certain suggestions or restrictions on the behavior of the public. Perhaps my impression is incorrect; I would like to know more.

I request under the San Francisco Sunshine Ordinance (Ordinance) and the California Public Records Act (CPRA):

1. IMMEDIATE DISCLOSURE REQUEST: all agendas (draft or final) of meetings of the Group

2. IMMEDIATE DISCLOSURE REQUEST: all minutes (draft or final) of meetings of the Group

3. IMMEDIATE DISCLOSURE REQUEST: all listings of the membership/roster of the Group

4. regular request: all supporting documentation used at meetings of the Group

5. IMMEDIATE DISCLOSURE REQUEST: all records showing any budget allocations or other financial support given to the Group

6. regular request: all records that would demonstrate the public monies being used to support the activities of the Group (including showing the time spent by public employees performing Group work, for example calendar/schedule items showing when the meetings took place and who attended). Ms. Blackman said [in the Aug 7 SOTF audio record] that the signers spent "quite a lot of time" was spent writing this letter. Provide all records showing what public employee work time was spent writing this letter.

7. IMMEDIATE DISCLOSURE REQUEST: all records related to the attempt to lobby the Sunshine Ordinance Task Force to change their rules or procedures, including but not limited to the letter discussed at the SOTF Aug 7 meeting. Including a copy of the letter and all drafts or other versions of this letter.

8. regular request: all correspondence between your Compliance Officer and/or Custodian of Records and/or Public Records Manager and the Group as an entity

9. regular request: all correspondence between your Compliance Officer and/or Custodian of Records and/or Public Records Manager and any of { David Steinberg, Sue Blackman, Hank Heckel, Caroline Celaya, Marianne Mazzucco-Thompson } since Jan. 1, 2019.

10. regular request: Ms. Celaya stated [in the Aug 7 SOTF audio record] that certain best practices have been generated. Provide all policies/best practices written by the Group.

We remind you of your obligations to provide electronic records in any format we request them in, as long as either you hold them in that format, the format is available to you, or the format is easy to generate (Admin Code 67.21(l)). Therefore, calendars exported in the .ics, iCalendar, or vCard formats ("A") and emails exported in the .eml or .msg formats ("B") with all non-exempt headers, metadata, attachments, etc. are our desired formats. Such formats are easily exportable from Google Calendar/Gmail, Microsoft Outlook, Microsoft Exchange or other common calendaring/email systems. However, if you choose to convert electronic calendar items, for example, to PDF or printed format, to easily redact them, you must ensure that you have preserved the full content of the original calendar item record (as specified in requests 1 and 2), which contains many detailed headers beyond the ones generally printed out. If you provide PDFs or printed items with only a few of the headers or lacking attachments/images, and therefore withhold the other headers/attachments without justification, you may be in violation of SF Admin Code 67.21, 67.26, 67.27, Govt Code 6253(a), 6253.9, and/or 6255, and we may challenge your decision. We *do not* waive the requirement of 67.21(l) discussed above, and are merely instructing you to preserve information even if you provide to us the undesirable PDF format.

For word processing documents, either .docx or .pdf formats are fine. For physical items, scanning to PDF format is acceptable.

For this request, we are asking for a City of San Jose v Superior Court (2017) search be performed of the Compliance Officer/Custodian of Records/Public Records Manager and all other members of your department's staff who are a member of or have ever attended the Group, such that each such employee either provide all records responsive to this request present on their personal accounts/devices/property (solely to the extent the record or portion thereof relates to the public's business), or provide a declaration/affidavit that no such records exist. All such affidavits/declarations are also requested as responsive records to this request. Please handle the government account record search as an immediate disclosure search, and the personal search under regular timelines.

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. Please use email for all responses. I will not use any third-party records management private company's website, and I cannot be required to do so.

Response dated, August 28, 2019

We have reviewed your request and conducted a search for any responsive documents in OEWD. Included herewith are copies of responsive documents located in the possession of OEWD.

Please also note that we are responding on behalf of OEWD, and not on behalf of other city departments.

If you have any questions regarding your request or would like to send another sunshine request, please do not hesitate to contact the Mayor's Office at oewd.sunshine@sfgov.org.

Marianne

Marianne Mazzucco Thompson
Office of Economic and Workforce Development
City Hall, Room 448
1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102
P: 415-554-6297
E: Marianne.Thompson@sfgov.org<mailto:Marianne.Thompson@sfgov.org>
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