George Floyd Protest Bodycams, Logs, and Complaints - Immediate Disclosure Request - SF DPA

DPA,

Below are Immediate Disclosure Requests (SF Admin Code 67.25(a)). Your initial response is required by June 8, 2020. Rolling records responses are requested (SFAC 67.25(d)) if you are unable to immediately produce all records. Exact copies of every responsive record are requested (Gov Code 6253(b)) - do not or print and scan electronic records or provide black and white versions of any color record. Provide only copies of records not requiring fees and in-person inspection of all other records (GC 6253).

Your non-exhaustive obligations: All withholding of any information must be justified (SFAC 67.27). All withholdings by masking or deletion (aka redactions) must be keyed by footnote or other clear reference to justification and only the minimal exempt portion of a record may be withheld (SFAC 67.26). Respond to emailed requests (SFAC 67.21(b)). You must notify us of whether or not responsive records exist and/or were withheld for each below request (Gov Code 6253(c), 6255(b)). You must state the name and title of each person responsible for withholding any information (Gov Code 6253(d)). You must do all of this in your response, and you cannot wait until we file complaints. If you wait to comply with the Sunshine Ordinance until after we file complaints, we will not withdraw any complaints and request SOTF find you in violation, regardless of what you do after filing.

****** We have no duty to, and we will not again, remind the City of its obligations. Instead, we will file complaints for every Sunshine Ordinance or CPRA violation. We will continue to file complaints until your procedures are modified to fully comply with the Sunshine Ordinance and CPRA, without caveat or exception. ******

1. All bodycam footage from (inclusive) May 30 to June 4, 2020 of any incident of police use of force including but not limited to:
(a) use of a firearm,
(b) use of a baton or body weapon,
(c) use of tasers/less lethal weapons,
(d) use of bean bags,
(e) use of tear gas,
(f) any other use of force that resulted in any injury to any person other than a peace officer.

2. All use of force logs/forms from (inclusive) May 30 to June 4, 2020.

3. All incident or arrest reports for the following from (inclusive) May 30 to June 4, 2020:
(a) resisting arrest (incl but not limited to Penal Code 148 or its subparts)
(b) violating curfew (incl but not limited to Gov Code 8665, SF Admin Code 7.17, or their subparts)
(c) unlawful assembly (incl but not limited to Penal Code 408 or its subparts)
(d) assault or battery on an officer (incl but not limited to Penal Code 243(b) or 243(c), or any of their subparts)
(e) looting (incl but not limited to Penal Code 463)
(f) riot or incitement to riot (incl but not limited to Penal Code 404, 405, 404.6, or any of their subparts),
(g) failure to disperse (incl but not limited to Penal Code 409, 416, or any of their subparts),
(h) disturbing the peace (incl but not limited to Penal Code 415).

4. All bodycam footage from (inclusive) May 30 to June 4, 2020 of any of the incidents queried in request 3 above.

5. All complaints against SFPD filed from (inclusive) May 30 to June 4, 2020.

Do not destroy any responsive records - we will appeal all withholdings.

Please indicate "no responsive records" for each request if that is true.

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 disclosable public records.

DPA,

Thank you for your prompt response.

First, according to your reply, DPA is appearing to assert that it has no records related to an officer's discharge of firearm at a person nor of use of force resulting in great bodily injury or death for any of the requests I made. Is that correct?

Second, DPA is required to inform me whether or not responsive records exist (which is not the same as your reasons for withholding those that do) - For your convenience I've put various numbered and alpha-listed in one email. Please inform me for each of 1a thru 1f and 3a thru 4h whether or not each has responsive records, and if any exist, the justifications for withholding each (you don't need to re-reply with your full explanation, just a legal citation for each is fine, SFAC 67.27). If DPA is unwilling to do this in this form, I am happy to send multiple emails each with a different subrequest so I can get a response for each.

Thanks,
Anonymous

Apologies - correcting a typo:

DPA,

Thank you for your prompt response.

First, according to your reply, DPA is appearing to assert that it has no records related to an officer's discharge of firearm at a person nor of use of force resulting in great bodily injury or death for any of the requests I made. Is that correct?

Second, DPA is required to inform me whether or not responsive records exist (which is not the same as your reasons for withholding those that do) - For your convenience I've put various numbered and alpha-listed in one email. Please inform me for each of 1a thru 1f and 3a thru 3h whether or not each has responsive records, and if any exist, the justifications for withholding each (you don't need to re-reply with your full explanation, just a legal citation for each is fine, SFAC 67.27). If DPA is unwilling to do this in this form, I am happy to send multiple emails each with a different subrequest so I can get a response for each.

Thanks,
Anonymous