Staff Directories and Attorney Information - Immediate Disclosure Request

Good evening,

This is a new Immediate Disclosure Request under the San Francisco Sunshine Ordinance, made after close of business August 21, 2019 directed to agency: " San Francisco City Attorney ".

** Note that all of your responses (including emails, attachments, file shares, and disclosed records) may be automatically and instantly available to the public on the MuckRock.com service used to issue this request (though I am not a MuckRock representative). Be sure to redact all records correctly. **

I request the following under the San Francisco Sunshine Ordinance (Ordinance) and the California Public Records Act (CPRA), in priority order (most important at top).
Any asterisked words or phrases have the meaning given to them by the State Bar's California Rules of Professional Conduct (Nov 2018), Rule 1.0.1. Unless otherwise specified, a reference to a Rule refers to the foregoing Rules.

1. IMMEDIATE DISCLOSURE: a directory of your department's employees with any of the following titles: [City Attorney, Chief of Staff, Director, Assistant Director, Personal Assistant, Executive Assistant, Compliance Officer], with at minimum their name and ALL government email addresses belonging to that person.
2. REGULAR DISCLOSURE: the identity (name, CA State Bar number, secretary of state registration number where applicable) of any external lawyer or law firm* used by your department (excluding the City Attorney's office and its employees) from Jan 1 2018 to present.
3. IMMEDIATE DISCLOSURE: a directory of your firm's* lawyers, with at minimum their name, ALL government email addresses belonging to that person, and CA State Bar number. If your staff directory lacks bar numbers, then please provide the directory immediately anyway, and also include any records the agency keeps evidencing its employees' law licenses (this latter part is a regular, not immediate, disclosure).
4. IMMEDIATE DISCLOSURE: a directory of your firm's* paralegals, with at minimum their name, ALL government email addresses belonging to that person, their paralegal certificate program as approved by the American Bar Association, and (if any) their paralegal certifications. If your staff directory lacks certificate or certification information, then please provide the directory immediately anyway, and also include any records the agency keeps evidencing its employees' paralegal certificates and certification (this latter part is a regular, not immediate, disclosure).
5. IMMEDIATE DISCLOSURE: any policies/memos/orders/guidelines issued by your firm* regarding the "firewalling" (screening*) of different attorneys or teams to prevent violations of the Rules re: conflict of interest for different clients within the city and county or prior clients, incl. but not limited to Rules 1.9, 1.10, and 1.11.
6. REGULAR DISCLOSURE: any records kept by your firm* (from Jan 1 2018 to present) regarding the specific clients and matters served by each of your attorney employees to avoid any conflict of interest violations and ensure screening* has been correctly performed.
7. IMMEDIATE DISCLOSURE: any policies/memos/orders/guidelines issued by your firm* "relating to the assignment of cases and the distribution of workload among lawyers in a public sector legal agency or other legal department" as contemplated by Comment 4 to Rule 5.1. If your department does not qualify as a firm*, you may have no responsive records.

I will accept any standard webpage, image, spreadsheet, email, and/or PDF formats. Specific native formats are not required in this request. Please do not provide URLs however - I want actual copies to ensure there is an accurate record for appeals/complaints. Please use email only and send electronic copies.

We have requested all government email addresses belonging to the persons mentioned. Do not limit yourself to merely the "public facing" or PR/vanity email addresses. Some officials may have a public-facing email address that is actually controlled by their subordinates and separate one(s) they actually use to communicate with coworkers - we want them all. We do not need any non-government/personal email addresses. At this time, no search under City of San Jose v Superior Court (2017) of personal property of public employees is being requested.

The word "directory" includes both traditional employee directories but also includes enterprise IT directories (such as stored in Active Directory, Microsoft Exchange, Google Contacts, Microsoft Teams, or similar products). Such products may include a more full list of all email addresses than the traditional employee directory.
If your traditional directories do not include all (but only some) of your employees' email address, please provide the traditional directory under IMMEDIATE DISCLOSURE, and provide the enterprise IT directory information under regular disclosure.

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

I look forward to your immediate disclosure.

Sincerely,
Anonymous

Thank you. I look forward to the remaining disclosures.

Thank you. Does this complete your response? Were any documents withheld/redacted? Do you have no responsive records for any of the numbered requests?

Thank you - I did in fact not receive that prior email.

** 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.

Do you consider your response complete, except as to request 2 (for which you have until Sept. 14)?

Please recall that I asked for all directories and all email addresses for each staff member, whether that is in a traditional employee direcory OR in computer form such as Active Directory or Microsoft Exchange. Those other directories in Active Directory, Microsoft Exchange, etc. are all public records, as they are writings (entered by some employee) prepared, owned, used or retained by your office.

For example, the City Attorney has only the entry " Dennis Herrera City Attorney sfcityattorney@sfcityatty.org " - I would suspect Mr. Herrera has some other email addresses with his name for example, but perhaps I am wrong.

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. The following are more specific immediate dislcosure requests; and I would like SFAC 67.21(c) statements of existence/non-existence, form, and quantity (regardless of purported exemption) for each of these requests (which statements are due in 7 days, regardless of non-immediacy or extensions):
1. the directory, in Active Directory, of your department's employees and ALL government email addresses belonging to each person
2. the directory, in Microsoft Exchange, of your department's employees and ALL government email addresses belonging to each person
3. the directory, in Microsoft Outlook, of your department's employees and ALL government email addresses belonging to each person

While your IT department might perhaps "retain" or "own" these records, your office would "use" them daily in emailing other employees for example.
Furthermore, in your Sept. 10 response to SOTF 19095, Mr. Coté, on behalf of your office, argued "Our office's Outlook is not a `multidepartmental' system." Therefore your office should be able to produce at least #3 without claiming it would be another office's records.

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. The following are more specific immediate disclosure requests; and I would like SFAC 67.21(c) statements of existence/non-existence, form, and quantity (regardless of purported exemption) for each of these requests (which statements are due in 7 days, regardless of non-immediacy or extensions):
1. the directory, in Active Directory, of your department's employees and ALL government email addresses belonging to each person
2. the directory, in Microsoft Exchange, of your department's employees and ALL government email addresses belonging to each person
3. the directory, in Microsoft Outlook, of your department's employees and ALL government email addresses belonging to each person

While your IT department might perhaps "retain" or "own" these records, your office would "use" them daily in emailing other employees for example.
Furthermore, in your Sept. 10 response to SOTF 19095, Mr. Coté, on behalf of your office, argued "Our office's Outlook is not a `multidepartmental' system." Therefore your office should be able to produce at least #3 without claiming it would be another office's records.

Thanks,
Anonymous

I'm sorry but that is not a full 67.21c statement. I would like the quantity, existence, form and nature of each of these 3 items:
1. the directory, in Active Directory, of your department's employees and ALL government email addresses belonging to each person
2. the directory, in Microsoft Exchange, of your department's employees and ALL government email addresses belonging to each person
3. the directory, in Microsoft Outlook, of your department's employees and ALL government email addresses belonging to each person

A directory if it exists in Exchange may not be the one in Outlook and may not be the one in active directory and may not be the one in your HR directory for example.

Your office still has until Sept 23.

Thanks

** 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. Now that you have acknowledged the existence of the records, please provide #1:
1. the directory, in Active Directory, of your department's employees and ALL government email addresses belonging to each person
as I already requested on Sept 16.

I will accept any standard webpage, image, spreadsheet, email, and/or PDF formats. Specific native formats are not required in this request.

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

Sincerely,
Anonymous

You can ignore the autofollowup.