DPA SB 1421 Police Misconduct Records - Immediate Disclosure Request and 67.21(c) request

Anonymous Person filed this request with the Department Of Police Accountability of San Francisco, CA.

It is a clone of this request.

Status
Completed

Communications

From: Anonymous Person

Paul Henderson and DPA,

** Note that all of your responses (including disclosed records) may be automatically and instantly available to the public on the MuckRock.com FOIA web 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. 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.**

This is a new Immediate Disclosure Request under the San Francisco Sunshine Ordinance and the CPRA, made on November 27, 2019, to Paul Henderson as an individual custodian of public records and to the Department of Police Accountability as a public agency.

This is also an SFAC 67.21(c) request for statements of quantity, nature, existence, and form (even if content is exempt) of records responsive to each of 1 and 2 -- you must provide these statements within 7 days without any form extension.

All records must be provided in a rolling fashion (SFAC 67.25).  If you use a web portal, you must publish all records openly without login or terms and conditions; or you may provide records as attachments to emails.  You may not impose any conditions on me beyond than those of the CPRA (including any conditions that I must use a private entity's website which imposes terms and conditions).

A warning: every record you release to this publicly viewable email mailbox may become automatically visible to the public via the Muckrock.com FOIA service, and via other journalistic services that publish FOIA and public records documents for searching and indexing online. Please be absolutely certain you have correctly redacted all records prior to transmitting them to us, because there is no going back.

Please read carefully the exact wording of my request. Please follow the Sunshine Ordinance and CPRA precisely as I am auditing your agency's public records regimen. As the City is aware, every violation of the Sunshine Ordinance or CPRA will be appealed immediately, including:
- any untimely or incomplete response, failure to provide records in a rolling fashion as soon as they are available, or failing to indicate whether you have responsive records or not for each request and whether you withheld any records for each request (SFAC 67.21, 67.25, Gov Code 6253(c)),
- withholding more than the minimum exempt portion of any record (SFAC 67.26),
- failure to justify with "clear reference" to an exemption statute or case law for each and every redaction or withholding, including any so-called 'metadata' (SFAC 67.26, 67.27),
- failure to provide "exact copies" of records (Gov Code 6253(b)),
- failure to provide the "electronic format in which [you] hold[] the information" (Gov Code 6253.9),
- failure to provide any "easily generated" format that we requested (SFAC 67.21(l)),
- refusing to provide the quantity of exempt records (SFAC 67.21(c)),
- unlawful use of the exemptions prohibited by SFAC 67.24, including but not limited to GC 6255, any public interest balancing test,
- redacting or withholding information whose exemption you have already waived by producing it to the public before (Gov Code 6254.5).

Please provide:

1) IMMEDIATE DISCLOSURE: all responsive records DPA has already provided under SB 1421 to any other requestor. Since you should not redact more information for me than you have provided any other member of the public (Gov Code 6254.5), you should be able to immediately provide these.

2) REGULAR DISCLOSURE: every record retained, owned, prepared, or used by DPA of: all records of officer's discharge of a firearm at a person, all records of an officer's use of force that results in death or great bodily injury, sustained findings of officer's sexual assault of a member of the public, sustained findings of officer's dishonesty that are disclosable under DB 1421. This is of course a very large request, and you may provide rolling responses. You stated in a letter (https://sfgov.org/sunshine/sites/default/files/sotf_120419_item12.pdf, page 12) that others have made similar expansive requests and I expect you to treat me with no less priority than anyone else. Please note, I expect you to redact these records in accordance with the Sunshine Ordinance - and you must justify each and every redaction or withholding with a clear reference, such as a footnote (SFAC 67.26), to a statute or case law (SFAC 67.27). If you provide only a general list of justifications, I will appeal, and you will eventually have to do all of the redaction work again as other City agencies have had to do. (For example, consider the functionality of Adobe Acrobat that allows you to put a redaction code in every redaction.) Please do not destroy any records during the pendency of my request or appeals. All records must be provided in their original electronic record, or .EML/.MSG formats, and with all metadata and headers. Please perform record production correctly the first time, as appeals and Orders from Court, SOTF, or Sup. of Records, will be quite time-consuming to have to re do.

For the sake of building a good record for any appeals I would ask that you issue formal letters detailing your expected timelines and a notice if you would like to negotiate any part of this request, if you need to.

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.

I look forward to your immediate disclosure.

Sincerely,
Anonymous

From: Anonymous Person

Paul Henderson and DPA,

** Note that all of your responses (including disclosed records) may be automatically and instantly available to the public on the MuckRock.com FOIA web 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. 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.**

This is a new Immediate Disclosure Request under the San Francisco Sunshine Ordinance and the CPRA, made on November 27, 2019, to Paul Henderson as an individual custodian of public records and to the Department of Police Accountability as a public agency.

This is also an SFAC 67.21(c) request for statements of quantity, nature, existence, and form (even if content is exempt) of records responsive to each of 1 and 2 -- you must provide these statements within 7 days without any form extension.

All records must be provided in a rolling fashion (SFAC 67.25). If you use a web portal, you must publish all records openly without login or terms and conditions; or you may provide records as attachments to emails. You may not impose any conditions on me beyond than those of the CPRA (including any conditions that I must use a private entity's website which imposes terms and conditions).

A warning: every record you release to this publicly viewable email mailbox may become automatically visible to the public via the Muckrock.com FOIA service, and via other journalistic services that publish FOIA and public records documents for searching and indexing online. Please be absolutely certain you have correctly redacted all records prior to transmitting them to us, because there is no going back.

Please read carefully the exact wording of my request. Please follow the Sunshine Ordinance and CPRA precisely as I am auditing your agency's public records regimen. As the City is aware, every violation of the Sunshine Ordinance or CPRA will be appealed immediately, including:
- any untimely or incomplete response, failure to provide records in a rolling fashion as soon as they are available, or failing to indicate whether you have responsive records or not for each request and whether you withheld any records for each request (SFAC 67.21, 67.25, Gov Code 6253(c)),
- withholding more than the minimum exempt portion of any record (SFAC 67.26),
- failure to justify with "clear reference" to an exemption statute or case law for each and every redaction or withholding, including any so-called 'metadata' (SFAC 67.26, 67.27),
- failure to provide "exact copies" of records (Gov Code 6253(b)),
- failure to provide the "electronic format in which [you] hold[] the information" (Gov Code 6253.9),
- failure to provide any "easily generated" format that we requested (SFAC 67.21(l)),
- refusing to provide the quantity of exempt records (SFAC 67.21(c)),
- unlawful use of the exemptions prohibited by SFAC 67.24, including but not limited to GC 6255, any public interest balancing test,
- redacting or withholding information whose exemption you have already waived by producing it to the public before (Gov Code 6254.5).

Please provide:

1) IMMEDIATE DISCLOSURE: all responsive records DPA has already provided under SB 1421 to any other requestor. Since you should not redact more information for me than you have provided any other member of the public (Gov Code 6254.5), you should be able to immediately provide these.

2) REGULAR DISCLOSURE: every record retained, owned, prepared, or used by DPA of: all records of officer's discharge of a firearm at a person, all records of an officer's use of force that results in death or great bodily injury, sustained findings of officer's sexual assault of a member of the public, sustained findings of officer's dishonesty that are disclosable under DB 1421. This is of course a very large request, and you may provide rolling responses. You stated in a letter (https://sfgov.org/sunshine/sites/default/files/sotf_120419_item12.pdf, page 12) that others have made similar expansive requests and I expect you to treat me with no less priority than anyone else. Please note, I expect you to redact these records in accordance with the Sunshine Ordinance - and you must justify each and every redaction or withholding with a clear reference, such as a footnote (SFAC 67.26), to a statute or case law (SFAC 67.27). If you provide only a general list of justifications, I will appeal, and you will eventually have to do all of the redaction work again as other City agencies have had to do. (For example, consider the functionality of Adobe Acrobat that allows you to put a redaction code in every redaction.) Please do not destroy any records during the pendency of my request or appeals. All records must be provided in their original electronic record, or .EML/.MSG formats, and with all metadata and headers. Please perform record production correctly the first time, as appeals and Orders from Court, SOTF, or Sup. of Records, will be quite time-consuming to have to re do.

For the sake of building a good record for any appeals I would ask that you issue formal letters detailing your expected timelines and a notice if you would like to negotiate any part of this request, if you need to.

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.

I look forward to your immediate disclosure.

Sincerely,
Anonymous

From: Department Of Police Accountability

Dear Requestor,

We received your emailed request, dated November 28, 2019, for immediate disclosure of the following records:

1) IMMEDIATE DISCLOSURE: all responsive records DPA has already provided under SB 1421 to any other requestor. Since you should not redact more information for me than you have provided any other member of the public (Gov Code 6254.5), you should be able to immediately provide these.
2) REGULAR DISCLOSURE: every record retained, owned, prepared, or used by DPA of: all records of officer's discharge of a firearm at a person, all records of an officer's use of force that results in death or great bodily injury, sustained findings of officer's sexual assault of a member of the public, sustained findings of officer's dishonesty that are disclosable under DB 1421. This is of course a very large request, and you may provide rolling responses. You stated in a letter (https://sfgov.org/sunshine/sites/default/files/sotf_120419_item12.pdf, page 12) that others have made similar expansive requests and I expect you to treat me with no less priority than anyone else. Please note, I expect you to redact these records in accordance with the Sunshine Ordinance - and you must justify each and every redaction or withholding with a clear reference, such as a footnote (SFAC 67.26), to a statute or case law (SFAC 67.27). If you provide only a general list of justifications, I will appeal, and you will eventually have to do all of the redaction work again as other City agencies have had to do. (For example, consider the functionality of Adobe Acrobat that allows you to put a redaction code in every redaction.) Please do not destroy any records during the pendency of my request or appeals. All records must be provided in their original electronic record, or .EML/.MSG formats, and with all metadata and headers. Please perform record production correctly the first time, as appeals and Orders from Court, SOTF, or Sup. of Records, will be quite time-consuming to have to re do.

We cannot treat this as an immediate disclosure request because it is not, "simple, routine, or otherwise readily answerable request." Admin. Code 67.25(a). Rather, it is extensive, demanding, and voluminous. Thus, the maximum deadlines under the Public Records Act and the Sunshine Ordinance for responding to a request apply. Admin. Code § 67.25(a).

Diana Rosenstein
Attorney
[dpa]
(T) 415-241-7750
(F) 415-241-7733
http://sfgov.org/dpa/

This communication, along with any attachments, is covered by federal and state laws governing electronic communications and may contain confidential and legally provided information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, use, or copying of this message is strictly prohibited. If you have received this communication in error, please reply immediately to the sender and/or delete this message. Thank you.

From: Anonymous Person

** Note that all of your responses (including disclosed records) may be automatically and instantly available to the public on the MuckRock.com FOIA web 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. 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.**

Please do not forget the SFAC 67.21(c) statement due Dec. 7.

From: Anonymous Person

I apologize - its due Dec. 9.

From: Department Of Police Accountability

Dear Requestor,

We received your November 28, 2019 Immediate Disclosure and Public Records Act request on December 2, 2019. We responded to your request on that same day, rejecting your request for immediate disclosure in light of the circumstances. However, we are prepared to provide you with all disclosable records responsive to your request for, “all responsive records DPA has already provided under SB 1421 to any other requestor.” We are using the electronic link you provided to upload all responsive documents. We will provide you with information early next week regarding compliance with the rest of your request.

Warning An exclamation point.

There are too many files to display on this communication. See all files

From: Department Of Police Accountability

Dear Requestor,

We received your November 28, 2019 Immediate Disclosure and Public Records Act request on December 2, 2019. We responded to your request on that same day, rejecting your request for immediate disclosure in light of the circumstances. However, we are prepared to provide you with all disclosable records responsive to your request for, "all responsive records DPA has already provided under SB 1421 to any other requestor." We are using the electronic link you provided to upload all responsive documents. We will provide you with information early next week regarding compliance with the rest of your request.

Mary Polk for Attorney Diana Rosenstein
Senior Clerk
[1517861123573_PastedImage]
T: 415.241.7711 | F: 415.241.7733
http://sfgov.org/dpa/

From: Anonymous Person

DPA,

** Note that all of your responses (including disclosed records) may be automatically and instantly available to the public on the MuckRock.com FOIA web 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. 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.**

Thank you very much. On Dec. 3, you published online the 24 records listed below on MuckRock's FOIA service.
It appears the records marked with asterisks appear to be duplicates. Were there other records you intended to publish instead of the duplicates?

https://cdn.muckrock.com/outbound_request_attachments/DepartmentOfPoliceAccountability/83876/0081-1920-20File20220of203.pdf *
https://cdn.muckrock.com/outbound_request_attachments/DepartmentOfPoliceAccountability/83876/0081-1920-20File20320of203.pdf *
https://cdn.muckrock.com/outbound_request_attachments/DepartmentOfPoliceAccountability/83876/0081-1920-20File20220of203_JXYHXR2.pdf *
https://cdn.muckrock.com/outbound_request_attachments/DepartmentOfPoliceAccountability/83876/0081-1920-20File20320of203_PJvoFm3.pdf *

https://cdn.muckrock.com/outbound_request_attachments/DepartmentOfPoliceAccountability/83876/0013-0520-20Prepared20for20Production.pdf
https://cdn.muckrock.com/outbound_request_attachments/DepartmentOfPoliceAccountability/83876/0179-1420-20Production20Ready20-207.1.201920-20Final.pdf
https://cdn.muckrock.com/outbound_request_attachments/DepartmentOfPoliceAccountability/83876/0881-9820-20Prepared20for20Production.pdf
https://cdn.muckrock.com/outbound_request_attachments/DepartmentOfPoliceAccountability/83876/FINAL20Redacted20-200188-16.pdf
https://cdn.muckrock.com/outbound_request_attachments/DepartmentOfPoliceAccountability/83876/FINAL20Redacted20Bates20Stamped20for20Disclosure200500-98.pdf
https://cdn.muckrock.com/outbound_request_attachments/DepartmentOfPoliceAccountability/83876/Lopez20-200134-1520-20Final20Production.pdf
https://cdn.muckrock.com/outbound_request_attachments/DepartmentOfPoliceAccountability/83876/Prepared20for20Production20-200006-07.pdf
https://cdn.muckrock.com/outbound_request_attachments/DepartmentOfPoliceAccountability/83876/Prepared20for20Production20-200068-06.pdf
https://cdn.muckrock.com/outbound_request_attachments/DepartmentOfPoliceAccountability/83876/Prepared20for20Production20-200126-05.pdf
https://cdn.muckrock.com/outbound_request_attachments/DepartmentOfPoliceAccountability/83876/Prepared20for20Production20-20184-04.pdf
https://cdn.muckrock.com/outbound_request_attachments/DepartmentOfPoliceAccountability/83876/REDACTED20-200503-0520SWW.pdf
https://cdn.muckrock.com/outbound_request_attachments/DepartmentOfPoliceAccountability/83876/Duarte20ACLU20production20-20Part205.pdf
https://cdn.muckrock.com/outbound_request_attachments/DepartmentOfPoliceAccountability/83876/Duarte20ACLU20production20-20pdf20220of204.pdf
https://cdn.muckrock.com/outbound_request_attachments/DepartmentOfPoliceAccountability/83876/Duarte20ACLU20production20-20pdf20320of204.pdf
https://cdn.muckrock.com/outbound_request_attachments/DepartmentOfPoliceAccountability/83876/Duarte20ACLU20production20-20pdf20420of204.pdf
https://cdn.muckrock.com/outbound_request_attachments/DepartmentOfPoliceAccountability/83876/Gongora20-200164-1620-20Final20Production20-207.1.2019.pdf
https://cdn.muckrock.com/outbound_request_attachments/DepartmentOfPoliceAccountability/83876/Gongora20-200164-1620Third20Production20-2011.27.2019.pdf
https://cdn.muckrock.com/outbound_request_attachments/DepartmentOfPoliceAccountability/83876/Gongora20Redacted20OIS20-200164-1620-20Sustained20Report20and20Exhibits.pdf
https://cdn.muckrock.com/outbound_request_attachments/DepartmentOfPoliceAccountability/83876/0081-1920-20File20120of203.pdf
https://cdn.muckrock.com/outbound_request_attachments/DepartmentOfPoliceAccountability/83876/Duarte20ACLU20production20-20pdf20120of204.pdf

Sincerely,
Anonymous

From: Department Of Police Accountability

No.

From: Department Of Police Accountability

Please see the attached file disclosed in the GBI category.

From: Department Of Police Accountability

Please see the attached file disclosed in the GBI category.

From: Anonymous Person

Hi,

You published two responses today. Only one had a file. Is that just a duplicate again?

From: Department Of Police Accountability

Yes.

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