Telephone Logs - Immediate Disclosure Request

RE: Telephone Logs - Immediate Disclosure Request (SF City Atty)

John Cote, Dennis Herrera, and Office of City Attorney:

Below are Immediate Disclosure Requests (SF Admin Code 67.25(a)) directed to John Cote, Dennis Herrera and Office of City Attorney. Your response is required by Feb 4, 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, or print and scan electronic records, convert 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 (SFAC 67.27). All withholdings by masking or deletion (aka redactions) must be keyed by footnote or other clear reference to justification and only the minimal exempt portion of a record may be withheld (SFAC 67.26). 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)). You must do all of this 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 your procedures are modified to fully comply with the Sunshine Ordinance and CPRA, without caveat or exception. ******

1. Telephone Logs Jan 15-Feb 1, 2020 for Dennis Herrera and each of his secretaries, administrative/personal/executive assistants, and chiefs or deputy chiefs of staff. You must provide the records unless ever single part of the record is exempt. Your own Index of Records cites these records: https://web.archive.org/web/20200203194405/https://index.sfgov.org/taxonomy/term/33

2. Telephone Logs Jan 15-Feb 1, 2020 for John Coté and each of his secretaries, administrative/personal/executive assistants, and chiefs or deputy chiefs of staff. You must provide the records unless ever single part of the record is exempt. Your own Index of Records cites these records: https://web.archive.org/web/20200203194405/https://index.sfgov.org/taxonomy/term/33

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

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

Thank you for your response.

I'm going to issue another wording. Immediate disclosure request for:

3. Telephone Logs (i.e. call history logs) Jan 15-Feb 1, 2020 for Dennis Herrera on his personal account/device for calls about the conduct of public business. You must provide the records unless ever single part of the record is exempt. Your own Index of Records cites these records: https://web.archive.org/web/20200203194405/https://index.sfgov.org/taxonomy/term/33

4. Telephone Logs (i.e. call history logs) Jan 15-Feb 1, 2020 for John Coté on his personal account/device for calls about the conduct of public business. You must provide the records unless ever single part of the record is exempt. Your own Index of Records cites these records: https://web.archive.org/web/20200203194405/https://index.sfgov.org/taxonomy/term/33

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

Ms. Coolbrith-
I want those logs in the custody of Dennis Herrera and John Cote on personal accounts/devices pursuant to City of San Jose v Superior Court (2017).

Is this a denial of my request in whole? If so, please provide the name and title of person responsible.

There are two separate issues here:

"they do not substantively relate to the conduct of public business," - you may or may not be right here, it would depend on the calls. Are you representing that *none* of the call logs relate substantively to the conduct of public business?

" and are not prepared owned used or retained by the City." - this San Jose explicitly says is not true, because any record prepared, owned, or used by a City official or staff member is also prepared, owned, used, or retained by the City. Furthermore, individual officials and staff members are "local agenc[ies]" subject to CPRA disclosure requirements (also from the San Jose case).

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