Don Dubain original electronic format emails incl bcc

Bob filed this request with the San Francisco District Attorney's office of San Francisco, CA.
Est. Completion None
Fix Required


From: Bob

To Whom It May Concern:

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

>>>>>>>"Request A: an electronic copy, in the original electronic format, with all e-mail headers, metadata, attachments, appendices, exhibits, and inline images, except those explicitly exempted by the Ordinance" INCLUDING bcc records (which are required to be included as as settled by SOTF 19044 complaint) of: **ALL emails sent or received by now-former Assistant District Attorney Donald Dubain between December 1, 2019 and October 26, 2021**

Message-Id’s should uniquely identify a particular email on your email servers/services. These may be emails the City sent or received.

We remind you of your obligations to provide electronic records in the original format you hold them in. Therefore, e-mails exported in the .eml or .msg format with all non-exempt headers, metadata, attachments, etc. are best.

However, if you choose to convert emails, for example, to PDF or printed format, to easily redact them, you must ensure that you have preserved the full content of the original email record (as specified in request "A"), which contains many detailed headers beyond the generally used From/To/Subject/Sent/etc. If you instead provide PDFs or printed emails 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 67.26, 67.27, Govt Code 6253(a),6253.9, and/or 6255, and we may challenge your decision

If my request is denied in whole or in part, I ask that you justify all deletions by reference to specific exemptions of the law. I will also expect you to release all segregable portions of otherwise exempt material. I reserve the right to appeal your decision to withhold any information or deny a waiver of fees.

Though this request is not burdensome, especially from a technical perspective, I request that all records be made available on a rolling basis, rather than all at once when matching records are available.

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

Thank you in advance for your anticipated cooperation in this matter.

I look forward to receiving your response to this request within 24 hours & fulfillment within no more than 10 calendar days as the statute requires.


B. Jones

From: San Francisco District Attorney's office

Dear B. Jones,
Thank you for your request. On February 25, 2020, San Francisco Mayor London Breed proclaimed a local state of emergency due to the COVID-19 pandemic. The Mayor issued two supplementary orders, on March 13 and March 23, suspending select provisions of the Sunshine Ordinance during the emergency due to the impact the emergency has placed on the City’s ability to respond to public records requests. We cite Gov’t Code 6253(c) as well as Mayor Breed’s Temporary Modification of Public Records Law During COVID-19 Local Emergency for additional time to respond in light of the pandemic due to voluminous number of records potentially produced by this request. Our estimate is that we will respond within fourteen additional days, but this may change. We but we will keep you informed and encourage you to check in.
Robyn Burke
SFDA Public Records

From: San Francisco District Attorney's office

Dear B. Jones,
Thank you for your request. Responding to your request would impose an undue burden on our office. Responding your request as framed would require us to individually review over 15,000 emails and 4.69GB of data. We kindly ask that you narrow your request to a specific topic or smaller timeframe. As your request is currently framed, in light of the burden imposed on our agency, we find that the public interest in non-disclosure outweighs the public interest served by disclosure of the records request under Government Code Section 6255(a) and American Civil Liberties Foundation v. Deukmejian, 32 Cal. 3d 440 (1982) (finding burden on law enforcement agency in separating exempt from non-exempt investigative materials sought through public record request justified withholding all requested records).
Thank you.
Happy Thanksgiving.
Robyn Burke
SFDA Public Records