Inter-Agency Text Messages - Immediate Disclosure Request (SF DT)

Anonymous Journalist filed this request with the San Francisco Department Of Technology of San Francisco, CA .
Tracking #

20-2153

Status
Completed

Communications

From: Anonymous Journalist

San Francisco Department Of Technology and its Department Head:

Below are new Immediate Disclosure Requests (SF Admin Code 67.25(a)) directed to your agency and its department head. Your response is required by June 5, 2020. Rolling records responses are requested (SFAC 67.25(d)) if you are unable to immediately produce records. Exact copies of every responsive record are requested (Gov Code 6253(b)) - do not: provide mere URLs, print and scan electronic records, convert native files to PDFs, or provide black and white versions of any color images. 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 in writing (SFAC 67.27).
- All withholdings by masking or deletion (aka redactions) must be keyed by footnote or other clear reference to the specific justification for that redaction, and only the minimal exempt portion of any record may be withheld (SFAC 67.26).
- You must 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)).
- Do not impose any end-user restrictions upon me (Santa Clara Co. vs Superior Ct, 170 Cal.App 4th 1301); so if you use a third-party website like NextRequest to publish records, please make them completely public without any login or sign-in.

Your agency must do all of the above things in your response, and you cannot wait until we file complaints.

****** 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 the City's procedures are modified to fully comply with the Sunshine Ordinance and CPRA, without caveat or exception. ******

1. All text or chat messages (including group messages) in any form or application (including but not limited to SMS, MMS, WhatsApp, WeChat, Signal, Instagram, Twitter, Facebook, Hangouts, Skype, Teams):
- a) sent by your current department head to/cc/bcc any of Mayor London Breed, Sean Elsbernd, SFPD Chief William Scott, Tomás Aragón, Dennis Herrera, Jeff Kositsky, Mohammed Nuru, Alaric Degrafinried, Andy Lynch, Hank Heckel, Mary Ellen Carroll, or Abigail Stewart-Kahn (the "Named Public Officials") OR
- b) sent by any of the Named Public Officials and received by your current department head (and possibly others, such as in a group message) OR
- c) sent by a third party and received by both your current department head and any of the Named Public Officials (such as in a group message),
with timestamps between Jan 1, 2019 and June 3, 2020 (inclusive), including a personal property search under City of San Jose vs Superior Court (2017). While the phone numbers are not needed, the following must be preserved: the timestamps, the textual content, attachments, and images, and also ALL sender and recipient names (including groups). Pursuant to SF Admin Code 67.21(l), which requires you to use any electronic format that we request, please provide the records in spreadsheet format. For an example of the format of the response, see SFPD Chief Scott's prior response here: https://cdn.muckrock.com/foia_files/2020/04/14/Text_Messages_Breed_Scott_Redacted.pdf and clearly referenced redaction justifications here: https://cdn.muckrock.com/foia_files/2020/04/14/ChiefOfficeResponse201.pdf (though I do not concede all of them are appropriate redactions) . Please provide rolling responses, starting with the most recent records going backwards. Messages to/from before your current department head became the department must still be provided.

Do not destroy or discard any responsive records - we will appeal all withholdings or Sunshine violations. Remember your department head has an obligation to maintain in a professional and businesslike manner their correspondence and release them as public records (SF Admin Code 67.27-9(a)); and we will cross-check your responses with all other parties to ensure you have not destroyed or withheld records improperly.

Thank you for your anticipated cooperation in this matter.

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.

Sincerely,
Anonymous

From: San Francisco Department Of Technology

City and County of San Francisco

************************************************************************

Hi there

Your first City and County of San Francisco record request (request number #20-2153) has been submitted.
It is currently unpublished and is not available for the general public to view.

As the requester, you can always see the status of your
request by signing into the City and County of San Francisco Public Records
portal here.

If you haven't already activated your account,
click here to get started.
Once your account is activated, your request will be visible at the following link:
Request #20-2153.

************************************************************************
<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City and County of San Francisco.<br></br><em>Technical support:</em> See our <a href='https://www.nextrequest.com/support'>help page</a>

From: San Francisco Department Of Technology

City and County of San Francisco

************************************************************************

Hi there

A message was sent to you regarding record request #20-2153:

Dear Anonymous, 

We received your public records request on June 4 via the Department of Technology Service Request application.

 

Pursuant to Mayor London Breed's Proclamation dated March 13, Sections 67.25(a) and 67.25(b) of the Administrative Code are suspended for the duration of the local emergency. Here's the link to Mayor London Breed's Proclamation.

 

For this reason, we are treating your Immediate Disclosure Request as a standard public records request, subject to the normally applicable 10-day response time, with a possible extension. Accordingly, we will be in touch with you regarding the request by no later than June 15, 2020. 

 

Stay healthy and be safe. 

 

Arlene

 

 

 

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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City and County of San Francisco.<br></br><em>Technical support:</em> See our <a href='https://www.nextrequest.com/support'>help page</a>

From: Anonymous Journalist

Hi Arlene,

Please make request 20-2153 completely public. Thanks, and stay safe too.

--Anonymous

From: San Francisco Department Of Technology

City and County of San Francisco

************************************************************************

Hi there

Record request #20-2153 has been closed. The closure reason supplied was:

Dear Anonymous,

We have conducted a diligent search and have located responsive records, which will be released and sent to you.

The following describes the Department of Technology’s response to your specific records request:

1.  All text or chat messages (including group messages) in any form or application (including but not limited to SMS, MMS, WhatsApp, WeChat, Signal, Instagram, Twitter, Facebook, Hangouts, Skype, Teams):

Response:  DT is providing the Twitter records produced during the time-frame of the request.

 

1.a  Sent by your current department head to/cc/bcc any of Mayor London Breed, Sean Elsbernd, SFPD Chief William Scott, Tomás Aragón, Dennis Herrera, Jeff Kositsky, Mohammed Nuru, Alaric Degrafinried, Andy Lynch, Hank Heckel, Mary Ellen Carroll, or Abigail Stewart-Kahn (the "Named Public Officials") OR

Response:  DT does not have any responsive text or chat messages (including group messages) in any form or application sent by the DT Department Head to Mayor London Breed, Sean Elsbernd, SFPD Chief William Scott, Tomás Aragón, Dennis Herrera, Jeff Kositsky, Mohammed Nuru, Alaric Degrafinried, Andy Lynch, Hank Heckel, Mary Ellen Carroll, or Abigail Stewart-Kahn (the "Named Public Officials")

 

1.b  Sent by any of the Named Public Officials and received by your current department head (and possibly others, such as in a group message) OR

Response:  DT does not have any responsive text or chat messages sent by any of the Named Public Officials and received by DT’s department head

 

1.c  Sent by a third party and received by both your current department head and any of the Named Public Officials (such as in a group message),

Response:  DT does not have any responsive text or chat message sent by a third party and received by both the DT department head and any of the Named Public Officials

 

The DT responses above are applicable for chat and text messages with timestamps between Jan 1, 2019 and June 3, 2020 (inclusive), including a personal property search under City of San Jose vs Superior Court (2017).

 

 

This conclude your public records request. 

 

Thank you

 

Sincerely, 

Arlene

 

************************************************************************
<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City and County of San Francisco.<br></br><em>Technical support:</em> See our <a href='https://www.nextrequest.com/support'>help page</a>

From: San Francisco Department Of Technology

City and County of San Francisco

************************************************************************

Hi there

Documents have been released for record request #20-2153 along with the following message:

Please see attached. 

This conclude your Public Records Requests with Department of Technology. 

* results.pdf

* results_2.pdf

* results_3.pdf

* results_4.pdf

* results_5.pdf

* results_6.pdf

* results_7.pdf

Document links are valid for one month.
After July 9, you will need to sign in to view the document(s).

************************************************************************
<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City and County of San Francisco.<br></br><em>Technical support:</em> See our <a href='https://www.nextrequest.com/support'>help page</a>

From: Anonymous Journalist

Thanks Arlene - please make the request 20-2153 publicly visible so that I may access it without sign-in.

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.

Sincerely,
Anonymous

From: San Francisco Department Of Technology

Use this to confirm your account. The link is only valid for 24 hours.

City and County of San Francisco

************************************************************************
Hello Annonymous!
************************************************************************

You can confirm your City and County of San Francisco public records portal account by copying and pasting the URL below into your web browser. This link is only valid for the next 24 hours.

Magic link: http://sanfrancisco.nextrequest.com/users/confirmation?confirmation_token=UZtKBKdXQ2KdYFsvsSEG

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From: San Francisco Department Of Technology

City and County of San Francisco

************************************************************************

Hi there

Documents have been released for record request #20-2153 along with the following message:

Dear Anonymous, 

Per your request, documents herein are now public. 

 

Stay healthy and safe. 

 

Sincerely, 

 

Arlene

* results.pdf

* results_2.pdf

* results_3.pdf

* results_4.pdf

* results_5.pdf

* results_6.pdf

* results_7.pdf

Document links are valid for one month.
After July 10, you will need to sign in to view the document(s).

************************************************************************
<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City and County of San Francisco.<br></br><em>Technical support:</em> See our <a href='https://www.nextrequest.com/support'>help page</a>

From: San Francisco Department Of Technology

City and County of San Francisco

************************************************************************

Hi there

Record request #20-2153 has been published and is now available for public view.

************************************************************************
<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City and County of San Francisco.<br></br><em>Technical support:</em> See our <a href='https://www.nextrequest.com/support'>help page</a>

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