DPA Requests - Immediate Disclosure Request

SFPD and Chief Scott,

** Note that all of your responses (including disclosed records) may be automatically and instantly available to the public on the MuckRock.com 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 an Immediate Disclosure Request under the Sunshine Ordinance and CPRA to the above-named agencies and individuals:
1. The 303 document requests made by DPA to SFPD in 2019 third quarter (the "Requests" described in Para 2 here: https://sfgov.org/policecommission/sites/default/files/Documents/PoliceCommission/PoliceCommission111319-DPA_SFPDProtocolReport3rdQ2019.pdf), including all emails, letters, memos, orders, attachments, exhibits, all in their original electronic format or in .EML or in .MSG format, including all non-exempt metadata and headers. Printing and scanning of electronic records will be appealed.
2. Every response received by DPA from SFPD to the Requests including but not limited to the 6 untimely responses and the 4 denials, including all emails, letters, memos, orders, attachments, exhibits, all in their original electronic format or in .EML or in .MSG format, including all non-exempt metadata and headers. Printing and scanning of electronic records will be appealed.
3. Every record received in response to each of the Requests, including all emails, letters, memos, orders, attachments, exhibits, all in their original electronic format or in .EML or in .MSG format, including all non-exempt metadata and headers. Printing and scanning of electronic records will be appealed.

Please provide only those requests without fees.
Provide requests in rolling fashion.
Justify each and every withholding or redaction with clear reference to statute or case law.
Please provide records via email or publish them publicly to your website.
All records your agency retained, owned, used, or prepared are public records under the CPRA that you must disclose unless explicitly exempt, even if they are communications of records of other agencies as well.

This is also a SFAC 67.21(c) request for a statement for the nature, quantity, and form of all records responsive to 1, 2, or 3, including purportedly exempt records, which must be answered in 7 days without extensions.

All violations of the Sunshine Ordinance will be immediately appealed to the SOTF, Supervisor of Records, and/or Superior Court.

NOTE: 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

Request# P010438-010820

SFPD incorrectly claims this request is dated 2020-01-08. However, as your own message indicates the request is emailed November 14, 2019.
We will maintain complaint 19141. SFPD has an SFAC 67.21(b) obligation to respond to emailed requests, and we will continue to file complaints until SFPD meets its legal obligations.

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). 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.

RE: P010438-010820

Lt. Cox,

1. We will begin further distinct records requests later today to determine the retention, deletion, and spam logs and auto-deletion policies for your junk folders for our prior emails. Just today, another agency (MTA) had to retract their claims at SOTF that they never received our records requests, because in reality they had gone to spam folders. If my prior emails are not still in your spam folders, it is possible they were automatically deleted.

2. I will not use GovQA. In July 2017, SFPD represented to the SOTF as follows ( https://sfgov.org/sunshine/sites/default/files/ITAdHoc072517_minutes.pdf ):

"Sgt. Youngblood stated that the public is still able to submit public records request via email, phone and U.S. mail but all requests
are entered into the tracking system and responded to as requested by the requester. Lt. Waaland stated that the Police Department Legal Division is responsible for responding to public records requests as individuals are not always available to review emails and phone calls requesting public records on a regular basis. In addition, M.t Waaland stated that it is the practice of the Police Department employees to forward public records request to the Legal Division for review and response and individual officers and other employees usually do not have access to general departmental records."

If SFPD refuses to provide a specific email address that will timely respond to records requests that does not require me to use GovQA, we will continue to use email to any SFPD email address, and SFPD will have to respond timely pursuant to SFAC 67.21(b) and 67.25(a), as SOTF has ruled time and time again.

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). 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

Lt. Cox,

Thank you for your corrected findings.

I will once again request that either sfpdlegal@sfgov.org be corrected configured to filter "immediate disclosure request" subjects, or that you provide and publish a specific email list/address, configured correctly, for CPRA requests.

We will maintain all of our complaints until SFPD fully complies with the procedures of the Sunshine Ordinance, without exception.

Sincerely,

Anonymous

Lt. Cox,

Thank you for the records. We do not need any more records at this time for this specific request and you may terminate further search and production. However:
SFPD has an obligation pursuant to SFAC 67.26 to key each redaction ("masking") by footnote or other clear reference to a specific provision in the law justifying that redaction. You must do this as part of your exemption review, for every request, and you cannot wait until after I file a complaint or explicitly ask for justifications.

SFPD has not done this. It has only provided generic list of redactions pursuant to SFAC 67.27.

One of my goals is to get SFPD to correct its non-compliant Sunshine procedures. Please provide the key for this request.
In the future, I will directly file complaints as I do not have to remind the City about the law.

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). 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

Lt. Cox:
Does SFPD intend on voluntarily complying with SFAC 67.26 or do we need to go through the complaint procedure?

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). 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

SFPD,

You have elided the majority of my Jan 31 email. I stated as below. I don't need more records. But SFPD does need to comply with SFAC 67.26 and 67.27, which SFPD is not doing.

"Lt. Cox,

Thank you for the records. We do not need any more records at this time for this specific request and you may terminate further search and production. However:
SFPD has an obligation pursuant to SFAC 67.26 to key each redaction ("masking") by footnote or other clear reference to a specific provision in the law justifying that redaction. You must do this as part of your exemption review, for every request, and you cannot wait until after I file a complaint or explicitly ask for justifications.

SFPD has not done this. It has only provided generic list of redactions pursuant to SFAC 67.27.

One of my goals is to get SFPD to correct its non-compliant Sunshine procedures. Please provide the key for this request.
In the future, I will directly file complaints as I do not have to remind the City about the law."

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). 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