Interagency Text Messages (SFDA) - Immediate Disclosure Request

Gabriel Greschler filed this request with the San Francisco District Attorney's office of San Francisco, CA.


From: Gabriel Greschler

To Whom It May Concern:

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 July 23, 2021. 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 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 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 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 in any form or application (SMS, MMS, WhatsApp, WeChat, Signal, Instagram, Twitter, Facebook, Hangouts, Skype, Teams) sent by Chesa Boudin, timestamps between May 1, 2021 and July 13, 2021 (inclusive), including a personal search under City of San Jose vs Superior Court (2017). Please also include any group messages where more than Boudin are on the message. 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), please provide a spreadsheet format or if you will use PDF, do not print and scan.

Do not destroy or discard any responsive records - we will appeal all withholdings or Sunshine violations.

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 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.

Gabriel Greschler

From: San Francisco District Attorney's office

Gabriel Greschler,
Thank you for your request. We cite Mayor London Breed's March 30, 2020 Temporary Modification of Public Records Law During COVID-19 Local Emergency for additional time to respond in light of the pandemic. Our estimate is that we will respond within fourteen additional days, but this may change. We but we will keep you informed and encourage you to check in.
SFDA Public Records

From: San Francisco District Attorney's office

Dear Mr. Greschler,
Thank you for your patience as we review your requests. As we've stated in our previous response, we have invoked the Mayor's March 30, 2020 Temporary Modification of Public Records Law During COVID-19 Local Emergency for additional time to respond in light of the pandemic.
Upon reviewing this request as currently framed, we found it would impose an excessive burden on the DA's office to review a large number of potentially responsive records. We therefore request that you respond and narrow your request for communications to a specific topic.
As your request is currently framed, in light of the burden imposed on our agency, we find that the public interest in non-disclosure outweighs the public interest served by disclosure of the records request under Government Code Section 6255(a) and American Civil Liberties Foundation v. Deukmejian, 32 Cal. 3d 440 (1982) (finding burden on law enforcement agency in separating exempt from non-exempt investigative materials sought through public record request justified withholding all requested records).
SFDA Public Records

From: San Francisco District Attorney's office

Mr. Greschler,
Thank you for your patience. Please see the attached response and responsive records to your request.
Robyn Burke
SFDA Public Records