Immediate Disclosure Request - City/COFAM/FAMF Relationship (TTX)

RE: Immediate Disclosure Request - City/COFAM/FAMF Relationship

To Whom It May Concern:

** Please redact your responses correctly! This is a public mailbox, and all of your responses (including emails, attachments, file shares, and the 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). Once you send them to us, there's no going back. **

I would like to get to the bottom of the intriguing relationship between the City, COFAM and FAMF.

Pursuant to the Sunshine Ordinance and CPRA, I hereby request the following records as 9 distinct Immediate Discloure Request(s) from the San Francisco Office of the Treasurer & Tax Collector - note that you must turn over any records that your agency prepares, owns, uses or retains, even if they are about a different city agency or not from the city at all. Note also that you may argue some of them are not immediately answerable but must still immediately answer the ones that are. Many of these records involve the city agency Fine Arts Museums of San Francisco (FAMSF) - but I want all records, whether for FAMSF or otherwise. Where "City" is used below it means: the City as a legal entity, and any of its boards, departments, trusts, commissions, and so forth, and its commissioners, trustees, other officers and employees. Where "COFAM" and "FAMF" are used, it includes each legal entity and its boards, trustees, subsidiaries, other officers, and employees.

1. all past/present legal/contractual/MOU relationships between the City and Corporation of the Fine Arts Museums of San Francisco (COFAM), including any drafts in your possesion that were not executed
2. all past/present legal/contractual/MOU relationships between the City and Fine Arts Museums Foundation (FAMF), including any drafts in your possesion that were not executed
3. all accounting records/line items reflecting a transaction to, from, or involving COFAM, from Jan 1 2018 to present
4. all accounting records/line items reflecting a transaction to, from, or involving FAMF, from Jan 1 2018 to present
5. all correspondence* (asterisk means including all attachments, exhibits, memos, metadata, headers, emails, invoices, payments, checks, physical mail/notes, text, SMS, MMS, or any chat app messages, and in their original electronic format or scan of physical documents) between City and COFAM between Jan. 1, 2018 and present
6. all correspondence* between City and FAMF between Jan. 1, 2018 and Sept. 12 2019 (inclusive)
7. every invoice, payment, or check between the City and COFAM, including any drafts in your possession that were not executed, between Jan. 1, 2018 and present
8. every invoice, payment, or check between the City and FAMF, including any drafts in your possession that were not executed, between Jan. 1, 2018 and present
9. every agency policy or memorandum discussing the relationship between the City, and FAMF or COFAM

I would like to remind you that you need to indicate for each request above, whether you did or did not have responsive records (separate from whether or not you withheld them).

I request under SFAC 67.21(c) a statement regarding the existence/non-existence, form, quantity, and nature of records responsive to each of the 9 requests, regardless of whether they are exempt from disclosure. This statement must be provided within 7 days and there are no extensions.

Remember any record retained, owned, used, or prepared by your office must be included. If a city employee possesses a COFAM or FAMF document, you must disclose it. If COFAM or FAMF are holding records that were prepared or used by your office, you must disclose it.

We remind you of your obligations to provide electronic records in any format we request them in, as long that format is available to you OR easy to generate (SFAC 67.21(l)). Therefore, emails exported in the .eml or .msg format with all non-exempt headers, metadata, attachments, etc. are best. All other documents may be provided as text .PDFs.

If you choose to convert documents, for example, to PDF or printed format (even though we have specifically emails in .eml or .msg formats), to easily redact them, you must still ensure that you have preserved a full copy of the original conversation record, which contains formatting, images, colors, attachments, and many detailed headers beyond the generally used From/To/Subject/Sent/etc.
If you send PDFs, please use only text/search PDFs, not image/scanned PDFs. You must make exact copies of records under the CPRA - do not exclude color, formatting, images, or any other content that may be lost by printing and scanning records incorrectly.

You also must justify each and every withholding or redaction with particularity. Use footnotes or inline markings for example, and justify each such redaction with a legal citation (statute, ordinance, or case law). If you withhold metadata/headers, even if you don't visually redact them, you are still withholding and must justify it.

If you provide the wrong format or withhold non-exempt parts of records, you may be in violation of SF Admin Code 67.21, 67.26, 67.27, Govt Code 6253(a), 6253.9, and/or 6255, and we may challenge your decision in court, before the Supervisor of Records, and/or the Sunshine Ordinance Task Force.

In all cases, please provide only those copies of records available without any fees. If you determine certain records would require fees, please instead provide the required (free) notice of which of those records are available and non-exempt for inspection in-person if we so choose.

Thanks,
Anonymous

** Please redact your responses correctly! This is a public mailbox, and all of your responses (including emails, attachments, file shares, and the 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). Once you send them to us, there's no going back. **

Thank you for your response. Note the obligation to provide a 67.21(c) statement for each of our requests in 7 days does not depend on immediacy, nor does it have any extensions.

Your quotation of request #1 is incorrect. I asked for:
1. all past/present legal/contractual/MOU relationships between the City and Corporation of the Fine Arts Museums of San Francisco (COFAM), including any drafts in your possesion that were not executed

Please confirm your response of no records on the correct request.