Older Mayoral Calendars - Immediate Disclosure Request (SF Mayor)

twitter.com/journo_anon filed this request with the Office of the Mayor of San Francisco, CA .
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Communications

From: twitter.com/journo_anon

Mayor Breed and the Office of the Mayor,

This is a new immediate disclosure request under the Sunshine Ordinance and under the CPRA for:

1) IMMEDIATE DISCLOSURE: an electronic copy of all of London Breed's ("Named Custodians") government calendars (all of them, Prop G and non-Prop G, including but not limited to 'PropG, Mayor (MYR)', 'Calendar, Mayor (MYR)', 'Breed, London (MYR)'' and all successors to or renames of these accounts), scheduling entries, appointments, and meeting invitations from the Requested Dates: October 15, 2019 to October 31, 2019 (inclusive). For calendars, you may provide this by directly exporting to PDF any Outlook view that shows for each and every event at least Subject, Location, Start, End, Recurrence, Meeting Status, Organizer, Show Time As, Required/Optional Attendees, Categories, Importance, Description/Body/Message, and preserving full color, formatting and text-searching. For meeting invitations, you should convert the invitations directly and individually to PDF. This includes declined or not-yet-accepted invitations, and those both sent and received for events on those days. Printing and scanning will be appealed. Use of PDF images as opposed to selectable text will be appealed. For examples of proper production, see DPW's PDF provision here: https://sanfrancisco.nextrequest.com/requests/19-4150 - they provide PDFs of each item, and a screenshot of all of the attendee status. I am explicitly asking for those same parts of these records. All Attachments should also be provided and in their original electronic format.

2) IMMEDIATE DISCLOSURE: Furthermore, I request that a City of San Jose v Superior Court (2017) search be performed of each Named Custodian to provide: calendar items, scheduling entries, and meeting invitations for the Requested Dates that are present on their personal calendars/email or on personal accounts/devices/property (solely to the extent the record or portion thereof relates to the public's business). Any electronic format easily generated by the Named Custodian is acceptable here. Notwithstanding Gov Code 6253.3(b)(1), you may redact the Named Custodian's personal email addresses "used by the employee to conduct public business, or necessary to identify a person in an otherwise disclosable communication."

3a) regular disclosure: Furthermore, I request .ICS copies of each record identified in #1.

3b) regular disclosure: Finally, the following information, regardless of format, for each record identified in #1:
i) creation timestamp,
ii) modification timestamp,
iii) creator identity,
iv) timezone,
v) name, email address, and acceptance status of each attendee
vi) categories
vii) importance
viii) organizer name and email address
ix) subject
x) location
xi) description/body
If you provide all of (i)-(xi) in 3a, you may disregard this 3b. For 3b you may use whichever format you wish as long as this public information, which is not an information security record, is not withheld.

It is likely that you will refuse some portion, and I will appeal all withholdings, exemptions, delays, and refusals. Preserve originals of all records during my appeals.

All records must be provided in rolling fashion. Every withholding (including redactions) must be justified with clear reference to a statute or case law.

Provide only those records without fees.

My purpose is to maintain a permanent record of the Mayor's business, including through her top surrogates, regardless of how you wish to destroy records internally. Such requests will be made continually and periodically to retain this permanent record, both forward- and backward-looking. If you would like to suggest a change in the form of future periodic requests that would provide *all* of the same information I've requested, with less work, I may consider such suggestions - however that will not affect this request.

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: Office of the Mayor

Anonymous,

Your request is neither simple nor routine nor readily answerable and requires consultation with one or more other departments. Accordingly, we will respond within the full 10 day period for a regular request, barring the need for a further extension. See Cal. Gov. Code 6253 and Admin. Code 67.25(b).

Hank Heckel
Compliance Officer
Office of the Mayor
City and County of San Francisco

From: twitter.com/journo_anon

Why have we not received these calendars?

From: Office of the Mayor

Anonymous,

Please see the responsive calendar entries of Mayor Breed.

The responsive information has been provided in a PDF format for its ease of transferability and accessibility, consistent with Cal. Gov. Code 6253.9(a)(1). Metadata from any native format has not been provided to avoid risks to the security and integrity of the original record as well as the city's data and information technology systems and to avoid the release of exempt confidential or privileged information. See Cal. Gov. Code 6253.9 (f) and 6254.19. The PDF format ensures the security and integrity of the original record as well as the security and integrity of the city's data and information technology systems.
Regards,

Hank Heckel
Compliance Officer
Office of the Mayor
City and County of San Francisco

From: twitter.com/journo_anon

Mayor London Breed, Hank Heckel, Sean Eslbernd, and Office of the Mayor:

This is an immediate disclosure request for the single earliest calendar entry occurring after October 1, 2019 5am in each of the two Mayor Breed Outlook calendars and the Sean Elsbernd Outlook calendar, each in the electronic form of an iCalendar or ICS file with minimal redactions and keys for the redactions. (In total you will provide thus 3 records - if there are no entries on Oct 1, you must continue on to the next day and so forth to find a single entry). Here's DT's example: https://sanfrancisco.nextrequest.com/documents/6211042 - note how there are almost no redactions whatsoever.

Remember Sean Elsbernd is a managerial city employee. If he violates SOTF 19047, I will ask that the SOTF find that he has committed official misconduct for willful violation of the Sunshine Ordinance. Mr. Elsbernd does not get the protection of the Ethics Commission afforded to Mayor Breed as an elected official - the SOTF will decide instead. Read SF Admin Code 67.34.

Please Note:
1) Metadata has been ruled by the SOTF to be public and disclosable, and it must be redacted with footnote or other clear reference. (See SOTF 19044, 19047, 19098, 19105).
2) Mayor's Office has already accepted the public/disclosable nature of metadata by providing some, but not all, of the ICS record previously.
3) The iCalendar (ICS) format is "available" or "easily generated" (note, nothing is said about the ease of redaction, merely the ease of generation). In fact, in SOTF 19047, an SOTF member demonstrated to the Mayor's Office, live during the hearing, in a few seconds how to generate .ICS files from their own Outlook calendar.
4) The Dept of Technology has provided minimally redacted ICS files of the Chief Information Security Officer's calendar, demonstrating that this is possible and does not pose a security risk: https://sanfrancisco.nextrequest.com/documents/6211042 (note how almost nothing is redacted)

Thanks,
Anonymous

From: twitter.com/journo_anon

Mayor London Breed, Hank Heckel, Sean Eslbernd, and Office of the Mayor:

This is an immediate disclosure request for the single earliest calendar entry occurring after October 1, 2019 5am in each of the two Mayor Breed Outlook calendars and the Sean Elsbernd Outlook calendar, each in the electronic form of an iCalendar or ICS file with minimal redactions and keys for the redactions. (In total you will provide thus 3 records - if there are no entries on Oct 1, you must continue on to the next day and so forth to find a single entry). Here's DT's example: https://sanfrancisco.nextrequest.com/documents/6211042 - note how there are almost no redactions whatsoever.

Remember Sean Elsbernd is a managerial city employee. If he violates SOTF 19047, I will ask that the SOTF find that he has committed official misconduct for willful violation of the Sunshine Ordinance. Mr. Elsbernd does not get the protection of the Ethics Commission afforded to Mayor Breed as an elected official - the SOTF will decide instead. Read SF Admin Code 67.34.

Please Note:
1) Metadata has been ruled by the SOTF to be public and disclosable, and it must be redacted with footnote or other clear reference. (See SOTF 19044, 19047, 19098, 19105).
2) Mayor's Office has already accepted the public/disclosable nature of metadata by providing some, but not all, of the ICS record previously.
3) The iCalendar (ICS) format is "available" or "easily generated" (note, nothing is said about the ease of redaction, merely the ease of generation). In fact, in SOTF 19047, an SOTF member demonstrated to the Mayor's Office, live during the hearing, in a few seconds how to generate .ICS files from their own Outlook calendar.
4) The Dept of Technology has provided minimally redacted ICS files of the Chief Information Security Officer's calendar, demonstrating that this is possible and does not pose a security risk: https://sanfrancisco.nextrequest.com/documents/6211042 (note how almost nothing is redacted)

Thanks,
Anonymous

From: Office of the Mayor

Anonymous,

We have received the request below in the Office of the Mayor and we are processing our response. Please note that we are invoking an extension of time to continue our response due to the need to consult with another City department. See Cal. Gov. Code § 6253(c) and San Francisco Admin. Code § 67.25(b).
Regards,

Hank Heckel
Compliance Officer
Office of the Mayor
City and County of San Francisco

From: Office of the Mayor

Anonymous,

Please see the attached .ICS files corresponding to the earliest calendar entries in Mayor Breed's two Outlook calendars and Sean Elsbernd's Outlook calendar for the date of October 1, 2019, responsive to your request below. These files have been generated and redacted pursuant to the Department of Technology's advice and application of their metadata pilot "green list" and redaction tool.

All redactions are to withhold information that potentially poses a cyber-security risk to the City's computers and networks and licensed and proprietary systems pursuant to Cal. Gov. Code 6254.19 and 6253.9(f), as well as on the basis of the public interest balancing test of Cal. Gov. Code 6255, with the exception of a few redactions of conference call dial-in information pursuant to the official information privilege of Evidence Code 1040, as indicated on the files.
Regards,
Hank Heckel
Compliance Officer
Office of the Mayor
City and County of San Francisco

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