Interagency Text Messages (SFDPH) - Immediate Disclosure Request

Gabriel Greschler filed this request with the Department of Public Health of San Francisco, CA.
Tracking #

20-2056

Status
Completed

Communications

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 May 14, 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 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 Dr. Grant Colfax to Mayor Breed OR sent by Mayor Breed to Dr. Grant Colfax, timestamps between Jan 1, 2020 and May 4, 2020 (inclusive), including a personal search under City of San Jose vs Superior Court (2017). Please also include any group messages where more than Dr. Grant Colfax and Breed 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 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,
Gabriel Greschler

From: Department of Public Health

City and County of San Francisco

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Hi there

Your first City and County of San Francisco record request (request number #20-2056) has been submitted.
It is currently unpublished and is not available for the general public to view.

Request #20-2056.

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From: Department of Public Health

City and County of San Francisco

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Hi there

A message was sent to you regarding record request #20-2056:

We are acknowledging your Public Records request.

 

In light of the global coronavirus pandemic, including declared State and local San Francisco emergencies, this effort will involve use of scarce public resources. City staff are currently deployed to perform emergency services and/or may be working remotely without access to the records that need review.

 

Therefore, this is to advise that due to and during the emergency, DPH’s document production may be slower than during the ordinary course of business. DPH will use its best efforts to produce responsive non-exempt records as quickly as possible and will produce records on an incremental or rolling basis. This complies with the common law rule of reason applicable to public records act responses.  (Bruce v. Gregory (1967) 65 Cal.2d 666, 673; Rosenthal v. Hansen (1973) 34 Cal.App.3d 754 (applying rule of reason).)

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From: Department of Public Health

City and County of San Francisco

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Hi there

A document has been released to you for record request #20-2056:

* Responsive Text Messages_03.02.2020 to 05.03.2020_Redacted_7.1.2020.pdf

Document links are valid for one month.
After August 6, you will need to sign in to view the document(s).

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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>

  • Responsive20Text20Messages_03.02.202020to2005.03.2020_Redacted_7.1.2020.pdf

From: Department of Public Health

City and County of San Francisco

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Hi there

A message was sent to you regarding record request #20-2056:

Dear Mr. Greschler:

 

Re:       Public Records Requests of May 28, 2020

 

I am writing in response to your public records request of May 28, 2020.  The San Francisco Department of Public Health (DPH) received your request on May 28, 2020.

 

In your request you ask for:

 

“All text or chat messages in any form or application (SMS, MMS, WhatsApp, WeChat, Signal, Instagram, Twitter, Facebook, Hangouts, Skype, Teams) sent by Dr. Grant Colfax to Mayor Breed OR sent by Mayor Breed to Dr. Grant Colfax, timestamps between Jan 1, 2020 and May 4, 2020 (inclusive), including a personal search under City of San Jose vs Superior Court (2017). Please also include any group messages where more than Dr. Grant Colfax and Breed are on the message.”

 

We are providing you texts messages that were sent by Dr. Grant Colfax to Mayor Breed, or sent by Mayor Breed to Dr. Grant Colfax. The responsive text messages were sent or received between March 2, 2020 to May 3, 2020.

 

Redactions

 

DPH redacted text messages that contain privileged attorney-client communications. State law renders communications made in confidence as part of the attorney-client relationship between the City Attorney’s Office and City officials and employees privileged. (Cal. Gov’t. Code §§ 6254(k), 6276.04; Cal. Evid. Code § 950 et seq.)

 

Cell phone numbers and text messages containing cell phone numbers were redacted under the official information privilege. (Cal. Gov’t Code § 6254(k).) This privilege is codified in California Evidence Code section 1040, which defines “official information” as “information acquired in confidence by a public employee in the course of his or her duty and not open, or officially disclosed, to the public prior to the time the claim of privilege is made.” (Id. at § 1040(a).)

 

Withholdings

 

Lastly, DPH has withheld text messages that include the City Attorney’s Office. The Public Records Act allows an agency to decline to disclose “[r]ecords, the disclosure of which is exempted or prohibited pursuant to federal or state law, including, but limited to, provisions of the Evidence Code relating to privilege.” (Cal. Gov’t Code § 6254(k).)  California Evidence Code section 954 protects from disclosure communications between attorneys and their clients. Disclosure of communications between the DPH and the City Attorney’s Office would chill DPH’s ability to discuss candidly issues on which legal advice is sought.

Thank you

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From: Department of Public Health

City and County of San Francisco

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Hi there

Record request #20-2056 has been closed. The closure reason supplied was:

This concludes your public records request.

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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>

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  • Responsive20Text20Messages_03.02.202020to2005.03.2020_Redacted_7.1.2020.pdf