Immediate Disclosure Request - Board Email Audit

Anonymous Person filed this request with the San Francisco County Board of Supervisors of San Francisco, CA.
Status
Completed
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Communications

From: Anonymous Person

To Whom It May Concern:

Pursuant to the California Public Records Act, I hereby request the following records:

This is an Immediate Disclosure Request under the San Francisco Sunshine Ordinance, sent on Saturday May 11, expecting response by Tuesday May 14, 2019, CoB.

** Note that this is a public mailbox, and all of your responses (including disclosed records) may be automatically and instantly available to the general public on the MuckRock.com service used to issue this request (though I am not a MuckRock representative). **

We request under the San Francisco Sunshine Ordinance (Ordinance) and the California Public Records Act (CPRA) the following 48 items, in 4 parts, from each Supervisor and the Clerk of the Board:

A. an electronic copy, in the original electronic format, with all headers, metadata, timestamps, attachments, appendices, exhibits, and inline images, except those explicitly exempted by the Ordinance, of the most recent 10 emails RECEIVED BY the OFFICIAL government email account of
1. the District 1 Supervisor
2. the District 2 Supervisor
3. the District 3 Supervisor
4. the District 4 Supervisor
5. the District 5 Supervisor
6. the District 6 Supervisor
7. the District 7 Supervisor
8. the District 8 Supervisor
9. the District 9 Supervisor
10. the District 10 Supervisor
11. the District 11 Supervisor
12. the Clerk of the Board

B. an electronic copy, in the original electronic format, with all headers, metadata, timestamps, attachments, appendices, exhibits, and inline images, except those explicitly exempted by the Ordinance, of the most recent 10 emails SENT FROM the OFFICIAL government email account of
1. the District 1 Supervisor
2. the District 2 Supervisor
3. the District 3 Supervisor
4. the District 4 Supervisor
5. the District 5 Supervisor
6. the District 6 Supervisor
7. the District 7 Supervisor
8. the District 8 Supervisor
9. the District 9 Supervisor
10. the District 10 Supervisor
11. the District 11 Supervisor
12. the Clerk of the Board

C. an electronic copy, in the original electronic format, with all headers, metadata, timestamps, attachments, appendices, exhibits, and inline images, except those explicitly exempted by the Ordinance, of the most recent 10 emails SENT FROM the PERSONAL email account(s) of the following officials, TO/CC/BCC any sfgov.org email address, solely to the extent that such emails are regarding the public's business and disclosable under relevant statute and case law, including but not limited to City of San Jose v Superior Court (2017). If NO such emails exist for each entry, remember you must state under Govt Code 6253(c) that there are no responsive records.
1. the District 1 Supervisor
2. the District 2 Supervisor
3. the District 3 Supervisor
4. the District 4 Supervisor
5. the District 5 Supervisor
6. the District 6 Supervisor
7. the District 7 Supervisor
8. the District 8 Supervisor
9. the District 9 Supervisor
10. the District 10 Supervisor
11. the District 11 Supervisor
12. the Clerk of the Board

D. an electronic copy, in the original electronic format, with all headers, metadata, timestamps, attachments, appendices, exhibits, and inline images, except those explicitly exempted by the Ordinance, of the most recent 10 emails RECEIVED BY the PERSONAL email account(s) of the following officials, FROM any sfgov.org email address, solely to the extent that such emails are regarding the public's business and disclosable under relevant statute and case law, including but not limited to City of San Jose v Superior Court (2017). If NO such emails exist for each entry, remember you must state under Govt Code 6253(c) that there are no responsive records.
1. the District 1 Supervisor
2. the District 2 Supervisor
3. the District 3 Supervisor
4. the District 4 Supervisor
5. the District 5 Supervisor
6. the District 6 Supervisor
7. the District 7 Supervisor
8. the District 8 Supervisor
9. the District 9 Supervisor
10. the District 10 Supervisor
11. the District 11 Supervisor
12. the Clerk of the Board

Please do not include spam or draft emails.

We remind you of your obligations to provide electronic records in the original format you hold them in. Therefore, e-mails exported in the .eml or .msg format with all non-exempt headers, metadata, attachments, etc. are best.

However, if you choose to convert emails, for example, to PDF or printed format, to easily redact them, you must ensure that you have preserved the full content of the original email record (as specified in request "A"), which contains many detailed headers beyond the generally used From/To/Subject/Sent/etc. If you instead provide PDFs or printed emails with only a few of the headers or lacking attachments/images, and therefore withhold the other headers/attachments without justification, you may be in violation of SF Admin Code 67.26, 67.27, Govt Code 6253(a), 6253.9, and/or 6255, and we may challenge your decision.

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

Furthermore: If the response to any of C1-12 or D1-D12 is "no responsive records," I would also like:
E1. the affidavit, response, confirmation or any other message/record by the individual official stating that they have no such emails on their personal account, if they provide any such response under the City's policies for searching personal accounts for public records, and also
E2. the instrument used by the City to inquire into the public records that may be present on the officials' personal accounts, if any

You are of course welcome to redact any solely personal identifiers of the official (their personal email address, home/phone/etc.)

** Note that this is a public mailbox, and all of your responses (including disclosed records) may be automatically and instantly available to the general public on the MuckRock.com service used to issue this request (though I am not a MuckRock representative). **

From: San Francisco County Board of Supervisors

To Whom it May Concern,

On behalf of the Office of the Clerk of the Board, I am confirming receipt of your request. Please note that the purpose of an immediate disclosure request is to expedite the City's response to a simple, routine, or otherwise readily answerable request. For more extensive or demanding requests, the maximum deadlines for responding to a request may apply (Admin. Code §67.25(a)).

While the California Public Records Act and San Francisco Sunshine Ordinance do not require exactitude in requests, your request must be sufficiently clear and defined so that we may understand what records are the subject of your request.

To help us understand your request and provide further assistance, please provide additional clarification and/or criteria to determine what records would be considered as "most recent" and responsive to your request.

Sincerely,
__
Wilson L. Ng
Records and Project Manager
San Francisco Board of Supervisors
1 Dr. Carlton B. Goodlett Place, Room 244
San Francisco, CA 94102

Phone: (415) 554-7725
Web: www.sfbos.org<http://www.sfbos.org/>

[CustomerSatisfactionIcon]<http://www.sfbos.org/index.aspx?page=104> Click here<http://www.sfbos.org/index.aspx?page=104> to complete a Board of Supervisors Customer Service Satisfaction form
Disclosures: Personal information that is provided in communications to the Clerk of the Board of Supervisors is subject to disclosure under the California Public Records Act and the San Francisco Sunshine Ordinance. Personal information provided will not be redacted. Members of the public are not required to provide personal identifying information when they communicate with the Board of Supervisors and its committees. All written or oral communications that members of the public submit to the Clerk's Office regarding pending legislation or hearings will be made available to all members of the public for inspection and copying. The Clerk's Office does not redact any information from these submissions. This means that personal information-including names, phone numbers, addresses and similar information that a member of the public elects to submit to the Board and its committees-may appear on the Board of Supervisors website or in other public documents that members of the public may inspect or copy.

[...]

From: Anonymous Person

"Most recent N emails" means: For received messages, the top N messages, sorting in descending order by time received, received no later than May 13, 2019; For sent messages, the top N messages, sorting in descending order by time sent, sent no later than May 13, 2019. This is usually the default sort order in someone's folders for most email systems.

** Note that this is a public mailbox, and all of your responses (including disclosed records) may be automatically and instantly available to the general public on the MuckRock.com service used to issue this request (though I am not a MuckRock representative). **

From: Anonymous Person

Hi,
It has been more than 10 days since we provided the clarification requested by your office on May 14. Under the CPRA and Sunshine Ordinance please provide a determination and/or 14-day extension justification.

** Note that this is a public mailbox, and all of your responses (including disclosed records) may be automatically and instantly available to the general public on the MuckRock.com service used to issue this request (though I am not a MuckRock representative). **

From: Anonymous Person

The 10 day limit under the CPRA/Sunshine Ordinance has passed. Please provide the required determination of which records exist, which will be disclosed and approximately when, and any required justifications for withholding.

** Note this is a public mailbox, and 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). **

From: Anonymous Person

We sent a CPRA/Sunshine Ordinance request on May 13. You asked for clarification on May 14, and we so clarified, therefore perfecting the request, on May 14 as well.
Under the CPRA and Sunshine Ordinance, we expected a response by May 24. It is now June 12, beyond both the 10-day date of May 24 and 14-day extension of June 7.

** Note this is a public mailbox, and 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). **

From: San Francisco County Board of Supervisors

To Whom it May Concern,

Thank you for your patience. Please note that the information you requested is voluminous, and requires that our office, the Office of the Clerk of the Board, inquire and collect responsive records from the respective individuals/custodians of record identified in your request – as we do not have indiscriminate access to their communications – and review the records for applicable redaction/withholdings.

Our office has just received, compiled, and reviewed records responsive to items #1, 2, 3, 5, 6, 7, 8, 9, 10, 11 and 12 of your requests A-D, and is hereby providing them to your attention. Communications containing personal information, privileged information, or personnel matters may be redacted or withheld pursuant to CA Government Code 6254 ; Evidence Code sec. 952; Evidence Code sec. 954; Code of Civil Procedure 2018.030; Government Code 6254(c), Art. I, sec. 1; CA Const., Evidence Code sec. 1041; Evidence Code sec. 1040; Government Code sec. 6254(k); and/or Government Code sec. 6276.32.

Due to the voluminous file size of the responsive records and email attachment transmittal size limitations, we are not able to attach the file hereto. We are also not authorized to upload/transmit documents via third party links.

Therefore, we have prepared one (1) CD-R containing the responsive records which is ready for pick-up at the front desk of our office, Office of the Clerk of the Board of Supervisors, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco, CA, 94102, during our regular business hours, Monday – Friday, 8am-5pm. The cost for the CD-R is $1.00. Note that you are not required to identify yourself to pick up.

Per our inquiry to district Supervisors offices, please note that we are currently pending receipt and review of responsive records to address items #4 of your requests A-D, and will provide the additional records to you on a rolling basis as they are collected, reviewed, and available. (Administrative Code, Section 67.25(d))

For direct follow up and inquiry on the outstanding items, please contact District 4 (Supervisor Mar; marstaff@sfgov.org<mailto:marstaff@sfgov.org>).

Sincerely,
__
Wilson L. Ng
Records and Project Manager
San Francisco Board of Supervisors
Disclosures: Personal information that is provided in communications to the Clerk of the Board of Supervisors is subject to disclosure under the California Public Records Act and the San Francisco Sunshine Ordinance. Personal information provided will not be redacted. Members of the public are not required to provide personal identifying information when they communicate with the Board of Supervisors and its committees. All written or oral communications that members of the public submit to the Clerk's Office regarding pending legislation or hearings will be made available to all members of the public for inspection and copying. The Clerk's Office does not redact any information from these submissions. This means that personal information—including names, phone numbers, addresses and similar information that a member of the public elects to submit to the Board and its committees—may appear on the Board of Supervisors website or in other public documents that members of the public may inspect or copy.

From: Anonymous Person

Hello,

** Note that this is a public mailbox, and all of your responses (including disclosed records) may be automatically and instantly available to the general public on the MuckRock.com service used to issue this request (though I am not a MuckRock representative). **

What would be the total cost for the CD and postage to the MuckRock News mailing address in the footer of this email? Please note the mailing address must be exactly as specified by MuckRock below as it is how they sort through the thousands of public records requests from different individuals.

Thanks,
Anonymous

From: San Francisco County Board of Supervisors

Transmittal for the CD-R via USPS postal mail<https://postcalc.usps.com/> to Somerville, MA starts at $2.75 for standard media mail delivery. Total cost is $3.75 for the CD-R and postage.

Please remit payment via cash or check made out to, “City and County of San Francisco” and note that cash payments must be made with exact change. Our office is located at 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco, CA 94102.

Sincerely,
__
Wilson L. Ng
Records and Project Manager
San Francisco Board of Supervisors
Disclosures: Personal information that is provided in communications to the Clerk of the Board of Supervisors is subject to disclosure under the California Public Records Act and the San Francisco Sunshine Ordinance. Personal information provided will not be redacted. Members of the public are not required to provide personal identifying information when they communicate with the Board of Supervisors and its committees. All written or oral communications that members of the public submit to the Clerk's Office regarding pending legislation or hearings will be made available to all members of the public for inspection and copying. The Clerk's Office does not redact any information from these submissions. This means that personal information—including names, phone numbers, addresses and similar information that a member of the public elects to submit to the Board and its committees—may appear on the Board of Supervisors website or in other public documents that members of the public may inspect or copy.

From: Anonymous Person

To Whom It May Concern:

Please find enclosed a check for $3.75 to satisfy the fee associated with the attached public records request.

Thank you.

From: Anonymous Person

You should receive a check from MuckRock shortly for 3.75

** Note that this is a public mailbox, and all of your responses (including disclosed records) may be automatically and instantly available to the general public on the MuckRock.com service used to issue this request (though I am not a MuckRock representative). **

Thanks!

From: Anonymous Person

Can you please confirm that you have received the $3.75 check for this request? Have you mailed it out?

Thanks,
Anonymous

From: Anonymous Person

District 4 Supervisor Staff,

What is the status of the attached May 13, 2019 CPRA/Sunshine request for your supervisor?

Thanks!

From: San Francisco County Board of Supervisors

The San Francisco County Clerk’s office<https://sfgov.org/countyclerk/contact-us> just forwarded your mailing to our attention today. Please note that your mailing was erroneously addressed to the San Francisco County Clerk’s office at 1 Dr. Carlton B. Goodlett Place, Room 168, San Francisco, CA 94102. Your check (check #2292) was also erroneously made out to “San Francisco County Clerk”.

Our office is the Office of the Clerk of the Board of Supervisors<https://sfbos.org/contacts-office-clerk-board>, and we are located at 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco, CA 94102.

Please also remit payment via cash or check made out to, “City and County of San Francisco” and note that any cash payments must be made with exact change.

In the meantime, the CD mailing has been prepared and we will be glad to place it in the mail to your attention at: MuckRock News, DEPT MR 72992, 411A Highland Ave., Somerville, MA 02144-2516 upon receipt of the corrected check.

Sincerely,
__
Wilson L. Ng
Records and Project Manager
San Francisco Board of Supervisors
Disclosures: Personal information that is provided in communications to the Clerk of the Board of Supervisors is subject to disclosure under the California Public Records Act and the San Francisco Sunshine Ordinance. Personal information provided will not be redacted. Members of the public are not required to provide personal identifying information when they communicate with the Board of Supervisors and its committees. All written or oral communications that members of the public submit to the Clerk's Office regarding pending legislation or hearings will be made available to all members of the public for inspection and copying. The Clerk's Office does not redact any information from these submissions. This means that personal information—including names, phone numbers, addresses and similar information that a member of the public elects to submit to the Board and its committees—may appear on the Board of Supervisors website or in other public documents that members of the public may inspect or copy.

From: Beryl Lipton

To Whom It May Concern:

Please find enclosed a check for $3.75 made out to "City and County of San Francisco” to satisfy the fee associated with the attached public records request.

Thank you.

From: San Francisco County Board of Supervisors

A copy of documents responsive to the request.

From: San Francisco County Board of Supervisors

This is to confirm receipt of amended check no. 2345. The CD mailing has been issued today. USPS Tracking No. 70103090000018529784.

__
Wilson L. Ng
Records and Project Manager
San Francisco Board of Supervisors
1 Dr. Carlton B. Goodlett Place, Room 244
San Francisco, CA 94102

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