George Floyd Protest Communications - Immediate Disclosure Request - SF Mayor

Anonymous Person filed this request with the Office of the Mayor of San Francisco, CA.
Status
Completed

Communications

From: Anonymous Person

Mayor Breed and Office of the Mayor,

Below are Immediate Disclosure Requests (SF Admin Code 67.25(a)). Your initial response is required by June 4, 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).

No timeliness waivers apply to this request.

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. Each email, text, or chat message (in any app and any media, including but not limited to Signal, WhatsApp, Telegram) SENT by any of (London Breed, Sean Elsbernd, Andres Power, Andrea Bruss, Marjan Philhour, Jeff Cretan, Sophia Kittler, Hank Heckel, Tyrone Jue), TO/CC/BCC any of: (any Police Commissioner or any officer or employee of the SFPD, DPA, or DEM; Gavin Newsom; Donald Trump; David S. Baldwin, Anthony C. Williamson; or the California Military Department) from May 25, 2020 to June 2, 2020 (inclusive). Personal property pursuant to City of San Jose v Superior Court (2017) must be searched. Email, text or chat messages must preserve timestamps, sender and recipient names (including any BCC headers), message content/formatting/hyperlinks and all attachments including but not limited to photos. PLEASE NOTE WE NEED THE ORIGINAL MESSAGES SENT BY THE EMPLOYEES INCLUDING ANY "BCC" RECIPIENTS - forwarding the message will destroy this information. Exact copies preserving all metadata and headers must be provided.

2. Each email, text, or chat message (in any app and any media, including but not limited to Signal, WhatsApp, Telegram) RECEIVED by any of (London Breed, Sean Elsbernd, Andres Power, Andrea Bruss, Marjan Philhour, Jeff Cretan, Sophia Kittler, Hank Heckel, Tyrone Jue) FROM any of: (any Police Commissioner or any officer or employee of the SFPD, DPA, or DEM; Gavin Newsom; Donald Trump; David S. Baldwin, Anthony C. Williamson; or the California Military Department) from May 25, 2020 to June 2, 2020 (inclusive). Personal property pursuant to City of San Jose v Superior Court (2017) must be searched. Email, text or chat messages must preserve timestamps, sender and recipient names (including any BCC headers), message content/formatting/hyperlinks and all attachments including but not limited to photos. PLEASE NOTE WE NEED THE ORIGINAL MESSAGES RECEIVED BY THE EMPLOYEES INCLUDING ANY "BCC" RECIPIENTS - forwarding the message will destroy this information. Exact copies preserving all metadata and headers must be provided.

3. Each email, text, or chat message (in any app and any media, including but not limited to Signal, WhatsApp, Telegram) SENT by any of (London Breed, Sean Elsbernd, Andres Power, Andrea Bruss, Marjan Philhour, Jeff Cretan, Sophia Kittler, Hank Heckel, Tyrone Jue) containing any of the following case insensitive phrases ("george floyd", "qualified immunity" , "national guard", "state guard" , "martial" , "curfew" , "state of emergency"), from May 25, 2020 to June 2, 2020 (inclusive). Personal property pursuant to City of San Jose v Superior Court (2017) must be searched. Email, text or chat messages must preserve timestamps, sender and recipient names (including any BCC headers), message content/formatting/hyperlinks and all attachments including but not limited to photos. PLEASE NOTE WE NEED THE ORIGINAL MESSAGES SENT OR RECEIVED BY THE EMPLOYEES INCLUDING ANY "BCC" RECIPIENTS - forwarding the message will destroy this information. Exact copies preserving all metadata and headers must be provided.

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

We may use multiple methods to request these records and will litigate inconsistent responses indicating your Office either unlawfully withheld or destroyed records, or failed to indicate that it did withheld records or the reasons why.

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.

From: Office of the Mayor

Anonymous,

This request was not answered earlier as it was picked up by our junk mail filter. Also, as previously noted, certain provisions of the Sunshine Ordinance, including immediate disclosure requests and the 10 day period in which to provide or withhold documents, have been suspended by emergency order during the public health emergency.

We are continuing to review responsive records and anticipate providing records by the end of next week.
Regards,

Hank Heckel
Compliance Officer
Office of the Mayor
City and County of San Francisco

From: Anonymous Person

If London Breed or other office staff destroyed or failed to retain their text messages that she possessed between the date of my request and your response today for requests 1-3, we will litigate that as well. It is not the public's responsibility to ensure you are configuring your email routing correctly.

Here are further immediate disclosure requests:

4. Each email, text, or chat message (in any app and any media, including but not limited to Signal, WhatsApp, Telegram) SENT by any of (London Breed, Sean Elsbernd, Andres Power, Andrea Bruss, Marjan Philhour, Jeff Cretan, Sophia Kittler, Hank Heckel, Tyrone Jue), TO/CC/BCC any of: (any Police Commissioner or any officer or employee of the SFPD, DPA, or DEM; Gavin Newsom; Donald Trump; David S. Baldwin, Anthony C. Williamson; or the California Military Department) from June 3, 2020 to June 27, 2020 (inclusive). Personal property pursuant to City of San Jose v Superior Court (2017) must be searched. Email, text or chat messages must preserve timestamps, sender and recipient names (including any BCC headers), message content/formatting/hyperlinks and all attachments including but not limited to photos. PLEASE NOTE WE NEED THE ORIGINAL MESSAGES SENT BY THE EMPLOYEES INCLUDING ANY "BCC" RECIPIENTS - forwarding the message will destroy this information. Exact copies preserving all metadata and headers must be provided.

2. Each email, text, or chat message (in any app and any media, including but not limited to Signal, WhatsApp, Telegram) RECEIVED by any of (London Breed, Sean Elsbernd, Andres Power, Andrea Bruss, Marjan Philhour, Jeff Cretan, Sophia Kittler, Hank Heckel, Tyrone Jue) FROM any of: (any Police Commissioner or any officer or employee of the SFPD, DPA, or DEM; Gavin Newsom; Donald Trump; David S. Baldwin, Anthony C. Williamson; or the California Military Department) from June 3, 2020 to June 27, 2020 (inclusive). Personal property pursuant to City of San Jose v Superior Court (2017) must be searched. Email, text or chat messages must preserve timestamps, sender and recipient names (including any BCC headers), message content/formatting/hyperlinks and all attachments including but not limited to photos. PLEASE NOTE WE NEED THE ORIGINAL MESSAGES RECEIVED BY THE EMPLOYEES INCLUDING ANY "BCC" RECIPIENTS - forwarding the message will destroy this information. Exact copies preserving all metadata and headers must be provided.

6. Each email, text, or chat message (in any app and any media, including but not limited to Signal, WhatsApp, Telegram) SENT by any of (London Breed, Sean Elsbernd, Andres Power, Andrea Bruss, Marjan Philhour, Jeff Cretan, Sophia Kittler, Hank Heckel, Tyrone Jue) containing any of the following case insensitive phrases ("george floyd", "qualified immunity" , "national guard", "state guard" , "martial" , "curfew" , "state of emergency"), from June 3, 2020 to June 27, 2020 (inclusive). Personal property pursuant to City of San Jose v Superior Court (2017) must be searched. Email, text or chat messages must preserve timestamps, sender and recipient names (including any BCC headers), message content/formatting/hyperlinks and all attachments including but not limited to photos. PLEASE NOTE WE NEED THE ORIGINAL MESSAGES SENT OR RECEIVED BY THE EMPLOYEES INCLUDING ANY "BCC" RECIPIENTS - forwarding the message will destroy this information. Exact copies preserving all metadata and headers must be provided.

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

We may use multiple methods to request these records and will litigate inconsistent responses indicating your Office either unlawfully withheld or destroyed records, or failed to indicate that it did withheld records or the reasons why.

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.

From: Anonymous Person

Here are further immediate disclosure requests:

4. Each email, text, or chat message (in any app and any media, including but not limited to Signal, WhatsApp, Telegram) SENT by any of (London Breed, Sean Elsbernd, Andres Power, Andrea Bruss, Marjan Philhour, Jeff Cretan, Sophia Kittler, Hank Heckel, Tyrone Jue), TO/CC/BCC any of: (any Police Commissioner or any officer or employee of the SFPD, DPA, or DEM; Gavin Newsom; Donald Trump; David S. Baldwin, Anthony C. Williamson; or the California Military Department) from June 3, 2020 to June 27, 2020 (inclusive). Personal property pursuant to City of San Jose v Superior Court (2017) must be searched. Email, text or chat messages must preserve timestamps, sender and recipient names (including any BCC headers), message content/formatting/hyperlinks and all attachments including but not limited to photos. PLEASE NOTE WE NEED THE ORIGINAL MESSAGES SENT BY THE EMPLOYEES INCLUDING ANY "BCC" RECIPIENTS - forwarding the message will destroy this information. Exact copies preserving all metadata and headers must be provided.

2. Each email, text, or chat message (in any app and any media, including but not limited to Signal, WhatsApp, Telegram) RECEIVED by any of (London Breed, Sean Elsbernd, Andres Power, Andrea Bruss, Marjan Philhour, Jeff Cretan, Sophia Kittler, Hank Heckel, Tyrone Jue) FROM any of: (any Police Commissioner or any officer or employee of the SFPD, DPA, or DEM; Gavin Newsom; Donald Trump; David S. Baldwin, Anthony C. Williamson; or the California Military Department) from June 3, 2020 to June 27, 2020 (inclusive). Personal property pursuant to City of San Jose v Superior Court (2017) must be searched. Email, text or chat messages must preserve timestamps, sender and recipient names (including any BCC headers), message content/formatting/hyperlinks and all attachments including but not limited to photos. PLEASE NOTE WE NEED THE ORIGINAL MESSAGES RECEIVED BY THE EMPLOYEES INCLUDING ANY "BCC" RECIPIENTS - forwarding the message will destroy this information. Exact copies preserving all metadata and headers must be provided.

6. Each email, text, or chat message (in any app and any media, including but not limited to Signal, WhatsApp, Telegram) SENT by any of (London Breed, Sean Elsbernd, Andres Power, Andrea Bruss, Marjan Philhour, Jeff Cretan, Sophia Kittler, Hank Heckel, Tyrone Jue) containing any of the following case insensitive phrases ("george floyd", "qualified immunity" , "national guard", "state guard" , "martial" , "curfew" , "state of emergency"), from June 3, 2020 to June 27, 2020 (inclusive). Personal property pursuant to City of San Jose v Superior Court (2017) must be searched. Email, text or chat messages must preserve timestamps, sender and recipient names (including any BCC headers), message content/formatting/hyperlinks and all attachments including but not limited to photos. PLEASE NOTE WE NEED THE ORIGINAL MESSAGES SENT OR RECEIVED BY THE EMPLOYEES INCLUDING ANY "BCC" RECIPIENTS - forwarding the message will destroy this information. Exact copies preserving all metadata and headers must be provided.

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

We may use multiple methods to request these records and will litigate inconsistent responses indicating your Office either unlawfully withheld or destroyed records, or failed to indicate that it did withheld records or the reasons why.

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.

From: Office of the Mayor

Anonymous,

This is in response to your June 3 and June 27 follow-up requests under the subject "George Floyd Protest Communications". Please see the attached responsive records.

Please note that mobile phone numbers and personal email addresses have been redacted to protect personal privacy. See Cal. Govt. Code Secs. 6254(c), California Constitution, Art. I, Sec. 1. Additionally, the files containing "Draft emergency proclamation and curfew order" in the title have been redacted to withhold communications protected by the attorney/client privilege. See Gov't Code § 6254(k); Evidence Code § 954; SF Admin. Code § 67.21(k).

Please also note that a file has been withheld in its entirety pursuant to the attorney/client privilege. See Gov't Code § 6254(k); Evidence Code § 954; SF Admin. Code § 67.21(k).
Regards,

Hank Heckel
Compliance Officer
Office of the Mayor
City and County of San Francisco

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