Herrera Text Messages - Immediate Disclosure Request

Anonymous Person filed this request with the San Francisco City Attorney of San Francisco, CA.
Due Sept. 13, 2020
Est. Completion None
Status
Awaiting Response

Communications

From: Anonymous Person

Dennis Herrera and City Attorney's Office:

Below are Immediate Disclosure Requests (SF Admin Code 67.25(a)). Your initial response is required by Sept 3, 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. The full text/chat message thread between Dennis Herrera and London Breed and William Scott on May 30-31 and June 1, 2020. Include all messages, timestamps, and attachments/images. Please search all text/chat apps including but not limited to SMS/MMS/Messages/iMessage/Messenger/Hangouts. This thread has been partially disclosed to us by other city agencies, so we know it is not completely attorney-client privileged, and we know it exists. Please search both personal accounts/devices of Herrera, and, as your Good Govt Guide requires, search Herrera's deleted messages, trash, or similar folders.

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.

--Anonymous

From: San Francisco City Attorney

Dear requester,

Thank you for your email. Please note the Immediate Disclosure Request process has been suspended due to
the emergency and Mayoral order. We will get back to you with a formal response on a 10‐day timeline as to
an estimated production date for the requested records.

Please use the following link for more information related to the Mayoral Proclamation on the temporary suspension of the Immediate Disclosure Request process: https://sfmayor.org/sites/default/files/SupplementalDeclaration2_03132020_stamped.pdf (p.3)

For further guidance related to eliminating the 10‐day production deadline for ordinary requests please use the following link: https://sfmayor.org/sites/default/files/032320_FifthSupplement.pdf (p.8-9)

Please send replies to cityattorney@sfcityatty.org<mailto:cityattorney@sfcityatty.org>
Sincerely,

[signature_540561676]Odaya Buta
Legal Assistant
Office of City Attorney Dennis Herrera
odaya.buta@sfcityatty.org<mailto:odaya.buta@sfcityatty.org>
www.sfcityattorney.org<applewebdata://354EB39C-2368-4201-BE40-DFCD2DA81691/www.sfcityattorney.org>
Find us on: Facebook<https://www.facebook.com/sfcityattorney/> Twitter<https://twitter.com/SFCityAttorney> Instagram<https://www.instagram.com/sfcityattorney/>

This message and any attachments are solely for the intended recipient and may include privileged or confidential information.
If you have received this communication in error, please notify the sender immediately, and permanently delete this message and any attachments.

From: Anonymous Person

Thank you - for avoidance of doubt, I've fixed a typo below:

1. The full text/chat message thread between Dennis Herrera and London Breed and William Scott on May 30-31 and June 1, 2020. Include all messages, timestamps, and attachments/images. Please search all text/chat apps including but not limited to SMS/MMS/Messages/iMessage/Messenger/Hangouts. This thread has been partially disclosed to us by other city agencies, so we know it is not completely attorney-client privileged, and we know it exists. Please search both personal **and government** accounts/devices of Herrera, and, as your Good Govt Guide requires, search Herrera's deleted messages, trash, or similar folders.

--Anonymous

From: San Francisco City Attorney

Dear requester,

I am responding on behalf of the City Attorney’s Office to your requests for records. Please find attached to this email the responsive records.

Please note that we redacted information exempt from disclosure under the attorney-client privilege (see Cal. Gov’t Code § 6276.04; Cal. Evid. Code § 954), and confidential information pertains to ongoing investigations. (See Cal. Evid. Code section 1040; Cal. Gov’t Code section 6254(f); Cal. Gov’t Code section 6255).

Please send replies to cityattorney@sfcityatty.org

Best,
Odaya

[signature_540561676]Odaya Buta
Legal Assistant
Office of City Attorney Dennis Herrera
www.sfcityattorney.org<applewebdata://354EB39C-2368-4201-BE40-DFCD2DA81691/www.sfcityattorney.org>

Find us on: Facebook<https://www.facebook.com/sfcityattorney/> Twitter<https://twitter.com/SFCityAttorney> Instagram<https://www.instagram.com/sfcityattorney/>

This message and any attachments are solely for the intended recipient and may include privileged or confidential information. If you have received this communication in error, please notify the sender immediately, and permanently delete this message and any attachments.

From: Anonymous Person

Thank you. This is a new immediate disclosure request:

Below are Immediate Disclosure Requests (SF Admin Code 67.25(a)). Your initial response is required by Sept 16, 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 text/chat messages between Dennis Herrera and Mayor London Breed Jan 1, 2020 through present (which also includes all conversations where both Herrera and Breed are part of the group, even if not sent by Breed or Herrera). Include all messages, timestamps, and attachments/images. Please search all text/chat apps including but not limited to SMS/MMS/Messages/iMessage/Messenger/Hangouts. Please search both personal accounts/devices of Herrera, and, as your Good Govt Guide requires, search Herrera's deleted messages, trash, or similar folders.

2. All text/chat messages between Dennis Herrera and Chief William Scott Jan 1, 2020 through present (which also includes all conversations where both Herrera and Scott are part of the group, even if not sent by Scott or Herrera). Include all messages, timestamps, and attachments/images. Please search all text/chat apps including but not limited to SMS/MMS/Messages/iMessage/Messenger/Hangouts. Please search both personal accounts/devices of Herrera, and, as your Good Govt Guide requires, search Herrera's deleted messages, trash, or similar folders.

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.

--Anonymous

From: San Francisco City Attorney

Dear Requester,

Thank you for your email. Please note the Immediate Disclosure Request process has been suspended due to the emergency and Mayoral order. We will get back to you with a formal response on a 10‐day timeline as to an estimated production date for the requested records.

Please use the following link for receiving more information related to the Mayoral Proclamation on the temporary suspension of the Immediate Disclosure Request process: https://sfmayor.org/sites/default/files/SupplementalDeclaration2_03132020_stamped.pdf (p.3)

For further guidance related to eliminating the 10‐day production deadline for ordinary requests please use the following link: https://sfmayor.org/sites/default/files/032320_FifthSupplement.pdf (p.8‐9)

Please send replies to cityattorney@sfcityatty.org<mailto:cityattorney@sfcityatty.org>

Sincerely,

[signature_540561676]Odaya Buta
Legal Assistant
Office of City Attorney Dennis Herrera
www.sfcityattorney.org<applewebdata://354EB39C-2368-4201-BE40-DFCD2DA81691/www.sfcityattorney.org>

Find us on: Facebook<https://www.facebook.com/sfcityattorney/> Twitter<https://twitter.com/SFCityAttorney> Instagram<https://www.instagram.com/sfcityattorney/>

This message and any attachments are solely for the intended recipient and may include privileged or confidential information. If you have received this communication in error, please notify the sender immediately, and permanently delete this message and any attachments.

From: San Francisco City Attorney

Dear Requester,

I am responding on behalf of the City Attorney’s Office to your below PRA request. After a diligent search, our office determined we have no responsive records in our custody other than the records we produced on 09/14/20 in response to your earlier request.

Sincerely,

[signature_540561676]Odaya Buta
Paralegal
Office of City Attorney Dennis Herrera
www.sfcityattorney.org<applewebdata://354EB39C-2368-4201-BE40-DFCD2DA81691/www.sfcityattorney.org>

Find us on: Facebook<https://www.facebook.com/sfcityattorney/> Twitter<https://twitter.com/SFCityAttorney> Instagram<https://www.instagram.com/sfcityattorney/>

This message and any attachments are solely for the intended recipient and may include privileged or confidential information. If you have received this communication in error, please notify the sender immediately, and permanently delete this message and any attachments.

From: Anonymous Person

Thank you. This is a new immediate disclosure request:

7. An exact copy of the entire original email record, including but not limited to all email headers (names and values), for the single oldest email received by your office from requests@muckrock.com to cityattorney@sfcityatty.org . Please be sure to preserve (at least, but not only) email header names and at least the timestamps in the "Received" headers. Consult your own City CISO if you believe I'm wrong. If you claim GC 6255(a), it will be SOTF not you who still decides whether the interest in non-disclosure "clearly outweighs" the interest in disclosure. If you do not provide this single record with minimal redactions and footnotes or other clear references for justifications for each and every withheld portion of the record, an additional willful violation and official misconduct complaint will be filed against Dennis Herrera as department head on the basis of prior order SOTF 19044.

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

Above are Immediate Disclosure Requests (SF Admin Code 67.25(a)). Your initial response is required by Sept 29, 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. ******

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.

--Anonymous

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