Text and Chat Messages - Immediate Disclosure Request - San Francisco Universal Search (Police Commission)
It is a clone of this request.
| Tracking # |
P020865-120820 |
| Submitted | Dec. 8, 2020 |
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Communications
From: twitter.com/journo_anon Public Records Requester
To San Francisco Police Commission and its Commissioners:
** DO NOT DESTROY ANY RESPONSIVE RECORDS. YOU MUST PRESERVE AND ORDER YOUR EMPLOYEES TO PRESERVE RECORDS DURING THE PENDENCY OF ALL APPEALS. WE WILL APPEAL ALL REDACTIONS OR WITHHOLDINGS. ** Immediate Disclosure Request.
Every department head/elected official must preserve and maintain all correspondence in a professional and businesslike manner (SFAC 67.29-7(a)) and also separately must comply with retention policies (SFAC 67.29-1). Note that if your retention policies do not retain text messages, I will argue before the SOTF and court that this is a failure to maintain **all correspondence** in a professional and businesslike manner.
Relevant precedent: SOTF 19098 - Anonymous v SFPD. Unanimous finding of violation for unlawfully withholding text message metadata (including the to/from/etc. - note SFPD had provided the dates and times, and you must as well), and also for unlawfully printing and scanning electronic records which does not constitute a "copy" of an electronic record.
See also prior rulings in my favor in SOTF 19044, 19047, 19091, 19098, 19103, and 19108 which ruled against the City for email, text messages, past and future calendar entries, meeting details, electronic metadata, and attachments.
The Mayor's Office appears to have destroyed their copies of certain text messages. I'd be happy to get them from her, if she preserved every record. Alas she did not, therefore we must now conduct a universal search of the City. You cannot refer me to another department unless you search and determine that you have no copies in your department. If this is causing more work for you, ask your Mayor to stop destroying her public records.
Note there are many anonymous requesters using MuckRock - I am just one of them. If you previously produced some subset of these records to a MuckRock email address, please reference that prior response so you do not duplicate work. If I am unable to get the prior MuckRock response because it is someone else's and they have marked it private, you will however need to provide me a copy here as well.
1. This is an immediate disclosure request for text, chat, or instant messages between Malia Cohen and either Sean Elsbernd, Andrea Bruss, London Breed, Harlan Kelly, Jr., Naomi Kelly, Hank Heckel, or Walter Wong, including all group messages, and all messages in threads, in any form and any app (including, but not limited to, SMS, MMS, text, iMessage, Teams, Discord, WeChat, QQ, Signal, Telegram, WhatsApp, Facebook, Facebook Messenger, Twitter, Instagram, Hangouts, Meet, Slack, Skype, Viber, Snapchat, Line, Kik, FaceTime, Wickr Me, Chatroulette, Threema, KakaoTalk, Duo, GroupMe, Wire, Voxer, Allo, Tango, Bumble, Grindr, Tinder, Olive, Taimi, but NOT including email), on any government accounts/devices or on personal accounts or devices regarding the conduct of public business, including all participant names, message text, images, attachments, dates, and times, including any in trash or deleted folders or similar (see Good Government Guide - if the records have not been permanently deleted as of the time you receive this request, you must retrieve them from the so-called trash folders and provide them). Provide rolling responses. Provide exact copies including all metadata. There is no limitation by subject or date. If the total pages to produce numbers over 500, inform me of the rough dates, employees involved, and subject matter, and I may be willing to narrow the initial production, AS LONG AS YOU PRESERVE ALL THE RECORDS. See attached image.
2. This is a regular records request for text, chat, or instant messages between any other Commissioner and either Sean Elsbernd, Andrea Bruss, London Breed, Harlan Kelly, Jr., Naomi Kelly, Hank Heckel, or Walter Wong, including all group messages, and all messages in threads, in any form and any app (including, but not limited to, SMS, MMS, text, iMessage, Teams, Discord, WeChat, QQ, Signal, Telegram, WhatsApp, Facebook, Facebook Messenger, Twitter, Instagram, Hangouts, Meet, Slack, Skype, Viber, Snapchat, Line, Kik, FaceTime, Wickr Me, Chatroulette, Threema, KakaoTalk, Duo, GroupMe, Wire, Voxer, Allo, Tango, Bumble, Grindr, Tinder, Olive, Taimi, but NOT including email), on any government accounts/devices or on personal accounts or devices regarding the conduct of public business, including all participant names, message text, images, attachments, dates, and times, including any in trash or deleted folders or similar (see Good Government Guide - if the records have not been permanently deleted as of the time you receive this request, you must retrieve them from the so-called trash folders and provide them). Provide rolling responses. Provide exact copies including all metadata. There is no limitation by subject or date. If the total pages to produce numbers over 500, inform me of the rough dates, employees involved, and subject matter, and I may be willing to narrow the initial production, AS LONG AS YOU PRESERVE ALL THE RECORDS.
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.
Your non-exhaustive obligations:
- All withholding of any information must be justified in writing by specific statutory authority (SFAC 67.27).
- Every redaction must be keyed by footnote or by 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 above 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. ******
I look forward to your lawful response.
NOTE: THE EMAIL ADDRESS SENDING THIS REQUEST IS A PUBLICLY-VIEWABLE MAILBOX. Please be certain you have properly redacted all of your responses. Once you send them to us, there is no going back. 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
-
Screen20Shot202020-12-0820at208.51.2720AM.png
From: San Francisco Police Commission
Dear Anonymous:
Thank you for your interest in public records of the San Francisco Police Department ("SFPD").
The San Francisco Police Department ("SFPD") received your request, dated December 08, 2020 and given the reference number P020865-120820 for tracking purposes.
Record(s) Requested: San Francisco Police Commission
PRA Office
1245 3rd Street
San Francisco, CA 94158
December 8, 2020
To San Francisco Police Commission and its Commissioners:
** DO NOT DESTROY ANY RESPONSIVE RECORDS. YOU MUST PRESERVE AND ORDER YOUR EMPLOYEES TO PRESERVE RECORDS DURING THE PENDENCY OF ALL APPEALS. WE WILL APPEAL ALL REDACTIONS OR WITHHOLDINGS. ** Immediate Disclosure Request.
Every department head/elected official must preserve and maintain all correspondence in a professional and businesslike manner (SFAC 67.29-7(a)) and also separately must comply with retention policies (SFAC 67.29-1). Note that if your retention policies do not retain text messages, I will argue before the SOTF and court that this is a failure to maintain **all correspondence** in a professional and businesslike manner.
Relevant precedent: SOTF 19098 - Anonymous v SFPD. Unanimous finding of violation for unlawfully withholding text message metadata (including the to/from/etc. - note SFPD had provided the dates and times, and you must as well), and also for unlawfully printing and scanning electronic records which does not constitute a "copy" of an electronic record.
See also prior rulings in my favor in SOTF 19044, 19047, 19091, 19098, 19103, and 19108 which ruled against the City for email, text messages, past and future calendar entries, meeting details, electronic metadata, and attachments.
The Mayor's Office appears to have destroyed their copies of certain text messages. I'd be happy to get them from her, if she preserved every record. Alas she did not, therefore we must now conduct a universal search of the City. You cannot refer me to another department unless you search and determine that you have no copies in your department. If this is causing more work for you, ask your Mayor to stop destroying her public records.
Note there are many anonymous requesters using MuckRock - I am just one of them. If you previously produced some subset of these records to a MuckRock email address, please reference that prior response so you do not duplicate work. If I am unable to get the prior MuckRock response because it is someone else's and they have marked it private, you will however need to provide me a copy here as well.
1. This is an immediate disclosure request for text, chat, or instant messages between Malia Cohen and either Sean Elsbernd, Andrea Bruss, London Breed, Harlan Kelly, Jr., Naomi Kelly, Hank Heckel, or Walter Wong, including all group messages, and all messages in threads, in any form and any app (including, but not limited to, SMS, MMS, text, iMessage, Teams, Discord, WeChat, QQ, Signal, Telegram, WhatsApp, Facebook, Facebook Messenger, Twitter, Instagram, Hangouts, Meet, Slack, Skype, Viber, Snapchat, Line, Kik, FaceTime, Wickr Me, Chatroulette, Threema, KakaoTalk, Duo, GroupMe, Wire, Voxer, Allo, Tango, Bumble, Grindr, Tinder, Olive, Taimi, but NOT including email), on any government accounts/devices or on personal accounts or devices regarding the conduct of public business, including all participant names, message text, images, attachments, dates, and times, including any in trash or deleted folders or similar (see Good Government Guide - if the records have not been permanently deleted as of the time you receive this request, you must retrieve them from the so-called trash folders and provide them). Provide rolling responses. Provide exact copies including all metadata. There is no limitation by subject or date. If the total pages to produce numbers over 500, inform me of the rough dates, employees involved, and subject matter, and I may be willing to narrow the initial production, AS LONG AS YOU PRESERVE ALL THE RECORDS. See attached image.
2. This is a regular records request for text, chat, or instant messages between any other Commissioner and either Sean Elsbernd, Andrea Bruss, London Breed, Harlan Kelly, Jr., Naomi Kelly, Hank Heckel, or Walter Wong, including all group messages, and all messages in threads, in any form and any app (including, but not limited to, SMS, MMS, text, iMessage, Teams, Discord, WeChat, QQ, Signal, Telegram, WhatsApp, Facebook, Facebook Messenger, Twitter, Instagram, Hangouts, Meet, Slack, Skype, Viber, Snapchat, Line, Kik, FaceTime, Wickr Me, Chatroulette, Threema, KakaoTalk, Duo, GroupMe, Wire, Voxer, Allo, Tango, Bumble, Grindr, Tinder, Olive, Taimi, but NOT including email), on any government accounts/devices or on personal accounts or devices regarding the conduct of public business, including all participant names, message text, images, attachments, dates, and times, including any in trash or deleted folders or similar (see Good Government Guide - if the records have not been permanently deleted as of the time you receive this request, you must retrieve them from the so-called trash folders and provide them). Provide rolling responses. Provide exact copies including all metadata. There is no limitation by subject or date. If the total pages to produce numbers over 500, inform me of the rough dates, employees involved, and subject matter, and I may be willing to narrow the initial production, AS LONG AS YOU PRESERVE ALL THE RECORDS.
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.
Your non-exhaustive obligations:
- All withholding of any information must be justified in writing by specific statutory authority (SFAC 67.27).
- Every redaction must be keyed by footnote or by 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 above 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. ******
I look forward to your lawful response.
NOTE: THE EMAIL ADDRESS SENDING THIS REQUEST IS A PUBLICLY-VIEWABLE MAILBOX. Please be certain you have properly redacted all of your responses. Once you send them to us, there is no going back. 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
Your request is being forwarded to the appropriate department(s) for processing and you will be notified once the request is complete.
You can monitor request progress at the link below. Thank you for using the San Francisco Public Records Center.
San Francisco Police Department
To monitor the progress or update this request please log into the SFPD Public Records Center. (https://u8387795.ct.sendgrid.net/ls/click?upn=nZGH0ylxadMp5hTpNkeAFs2KguIDF883TvKUiL5Czauo89OcQL1XvHpyaOEmJgddHZionDPZxe8o-2F99A9Uuw22a5Vhi6S4ChnWb-2Fet58Lcf7C-2FwBVF4pI1KV9AgaKZlO1QrU_7ZAvuIa3Vku-2FCiNauxXHqK8y9qMQ-2BLRaNhhRx0ZBI4fZp5coHoAzlF2rHLo6qfDmfMwu3Xb3dE4Gc-2F9KFySLlsjEh10Fu9ku2G73PVSVUxnZ1YQUfoyaVIWesj8IEHOQKNuCuoyM-2Fc-2F-2BstYZ25s-2BI-2F-2BEnk9p8qUQqfGhe3LKYsf1UVmUIgiuGvk5sZQdmHRRSQ7dcLCNVfwH-2B5mLQh55PldTRrmVdYa54GOIxzzvAyZDOFXc6gocPiAD8oE17PxP3VmWxXaQ2PA-2FlylMfiN7ut9sQf-2BVJ8-2Bj0T-2B3V6tB8Xl2iIzZ6D-2B1u6zOs3HdlXm9f-2BGm03fqphI7JkVzDPtfHFKGW-2B8q4rHpa1Ht1z-2FJORc85PdIWXmyC-2BiN1u36wZk5X9UK3b7VbFsoUm-2Fvs9lDtA-3D-3D)
From: San Francisco Police Commission
--- Please respond above this line ---
December 08, 2020
Anonymous
San Francisco, CA
RE: Public Records Request/Immediate Disclosure Request, dated December 08, 2020, Reference # P020865-120820
Dear Anonymous:
The San Francisco Police Commission (Commission) received your Immediate Disclosure Request, dated December 08, 2020.
You requested, " San Francisco Police Commission PRA Office 1245 3rd Street San Francisco, CA 94158 December 8, 2020 To San Francisco Police Commission and its Commissioners: ** DO NOT DESTROY ANY RESPONSIVE RECORDS. YOU MUST PRESERVE AND ORDER YOUR EMPLOYEES TO PRESERVE RECORDS DURING THE PENDENCY OF ALL APPEALS. WE WILL APPEAL ALL REDACTIONS OR WITHHOLDINGS. ** Immediate Disclosure Request. Every department head/elected official must preserve and maintain all correspondence in a professional and businesslike manner (SFAC 67.29-7(a)) and also separately must comply with retention policies (SFAC 67.29-1). Note that if your retention policies do not retain text messages, I will argue before the SOTF and court that this is a failure to maintain **all correspondence** in a professional and businesslike manner. Relevant precedent: SOTF 19098 - Anonymous v SFPD. Unanimous finding of violation for unlawfully withholding text message metadata (including the to/from/etc. - note SFPD had provided the dates and times, and you must as well), and also for unlawfully printing and scanning electronic records which does not constitute a "copy" of an electronic record. See also prior rulings in my favor in SOTF 19044, 19047, 19091, 19098, 19103, and 19108 which ruled against the City for email, text messages, past and future calendar entries, meeting details, electronic metadata, and attachments. The Mayor's Office appears to have destroyed their copies of certain text messages. I'd be happy to get them from her, if she preserved every record. Alas she did not, therefore we must now conduct a universal search of the City. You cannot refer me to another department unless you search and determine that you have no copies in your department. If this is causing more work for you, ask your Mayor to stop destroying her public records. Note there are many anonymous requesters using MuckRock - I am just one of them. If you previously produced some subset of these records to a MuckRock email address, please reference that prior response so you do not duplicate work. If I am unable to get the prior MuckRock response because it is someone else's and they have marked it private, you will however need to provide me a copy here as well. 1. This is an immediate disclosure request for text, chat, or instant messages between Malia Cohen and either Sean Elsbernd, Andrea Bruss, London Breed, Harlan Kelly, Jr., Naomi Kelly, Hank Heckel, or Walter Wong, including all group messages, and all messages in threads, in any form and any app (including, but not limited to, SMS, MMS, text, iMessage, Teams, Discord, WeChat, QQ, Signal, Telegram, WhatsApp, Facebook, Facebook Messenger, Twitter, Instagram, Hangouts, Meet, Slack, Skype, Viber, Snapchat, Line, Kik, FaceTime, Wickr Me, Chatroulette, Threema, KakaoTalk, Duo, GroupMe, Wire, Voxer, Allo, Tango, Bumble, Grindr, Tinder, Olive, Taimi, but NOT including email), on any government accounts/devices or on personal accounts or devices regarding the conduct of public business, including all participant names, message text, images, attachments, dates, and times, including any in trash or deleted folders or similar (see Good Government Guide - if the records have not been permanently deleted as of the time you receive this request, you must retrieve them from the so-called trash folders and provide them). Provide rolling responses. Provide exact copies including all metadata. There is no limitation by subject or date. If the total pages to produce numbers over 500, inform me of the rough dates, employees involved, and subject matter, and I may be willing to narrow the initial production, AS LONG AS YOU PRESERVE ALL THE RECORDS. See attached image. 2. This is a regular records request for text, chat, or instant messages between any other Commissioner and either Sean Elsbernd, Andrea Bruss, London Breed, Harlan Kelly, Jr., Naomi Kelly, Hank Heckel, or Walter Wong, including all group messages, and all messages in threads, in any form and any app (including, but not limited to, SMS, MMS, text, iMessage, Teams, Discord, WeChat, QQ, Signal, Telegram, WhatsApp, Facebook, Facebook Messenger, Twitter, Instagram, Hangouts, Meet, Slack, Skype, Viber, Snapchat, Line, Kik, FaceTime, Wickr Me, Chatroulette, Threema, KakaoTalk, Duo, GroupMe, Wire, Voxer, Allo, Tango, Bumble, Grindr, Tinder, Olive, Taimi, but NOT including email), on any government accounts/devices or on personal accounts or devices regarding the conduct of public business, including all participant names, message text, images, attachments, dates, and times, including any in trash or deleted folders or similar (see Good Government Guide - if the records have not been permanently deleted as of the time you receive this request, you must retrieve them from the so-called trash folders and provide them). Provide rolling responses. Provide exact copies including all metadata. There is no limitation by subject or date. If the total pages to produce numbers over 500, inform me of the rough dates, employees involved, and subject matter, and I may be willing to narrow the initial production, AS LONG AS YOU PRESERVE ALL THE RECORDS. 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. Your non-exhaustive obligations: - All withholding of any information must be justified in writing by specific statutory authority (SFAC 67.27). - Every redaction must be keyed by footnote or by 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 above 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. ****** I look forward to your lawful response. NOTE: THE EMAIL ADDRESS SENDING THIS REQUEST IS A PUBLICLY-VIEWABLE MAILBOX. Please be certain you have properly redacted all of your responses. Once you send them to us, there is no going back. 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".
The immediate disclosure process is for requests that are “simple, routine or otherwise readily answerable.” Please see San Francisco Administrative Code section 67.25(a). Your request is not simple or routine. The maximum deadline for responding to a request applies. The Department is looking into your request and will provide you with a response within 10 calendar days but no later than by December 18, 2020. Please refer to California Government Code Section 6253(c).
If you have any questions, please contact Sgt. Stacy Youngblood at 415-837-7070.
Sincerely,
Sergeant Stacy Youngblood
Officer in Charge
Police Commission
To monitor the progress or update this request please log into the SFPD Public Records Center. (https://u8387795.ct.sendgrid.net/ls/click?upn=nZGH0ylxadMp5hTpNkeAFs2KguIDF883TvKUiL5Czauo89OcQL1XvHpyaOEmJgddHZionDPZxe8o-2F99A9Uuw22a5Vhi6S4ChnWb-2Fet58Lcf7C-2FwBVF4pI1KV9AgaKZlOsOXr_7ZAvuIa3Vku-2FCiNauxXHqK8y9qMQ-2BLRaNhhRx0ZBI4fZp5coHoAzlF2rHLo6qfDmfMwu3Xb3dE4Gc-2F9KFySLlgBCe0-2FCWhIQLEM8uuzHAJht-2F7YQFeX81xRmJqOKycPCZ-2Beng6Ky0Z3a69MOKjss3zZ8iwqIMK4wSeiu077FT7YFj-2Fi8pThZb6-2BJIezZtLS7-2FUaC-2BsmHu4C4qnFxAEkuXM61lGHyifnKS1lcF7ejc0SxDLsvUzlxerzaCMrufT2qvH0DBep5RSAlffWsGoewLxtWu5cSvXqQJorcoPSOUP8VNCRb5g8FgK93vlQX0EcS3EVUAquUpbBWxo2S-2F1qhdUNDYAmIs4U9jLza8OGPiKdrGkSHKOgeJIgBqGkepdvNHkGxUVG5MN-2FFua-2FLElNivA-3D-3D)
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From: San Francisco Police Commission
Attachments:
Screenshot_2020-12-08_at_12.25.55_PM_-_Taylor_1.msg (https://u8387795.ct.sendgrid.net/ls/click?upn=nZGH0ylxadMp5hTpNkeAFs2KguIDF883TvKUiL5Czauo89OcQL1XvHpyaOEmJgddhTktxCQo3dAEL3UN6JwjbrIOEhWaSG1hipJN4KjQBAic4K3zIRbS4dOZRD4qZ0vMloHbhI2KgCjfUVVbKeOK-2B-2B9Qp8VN316h2sSwNlLDtpwcQUfjTgKvcwI-2BfMQjpbBJnYl7k9LO-2BK7p5Y-2BC9-2BUZQuWVV1u5UB-2Bl8Vu1sWGyHIE-3DO3G1_7ZAvuIa3Vku-2FCiNauxXHqK8y9qMQ-2BLRaNhhRx0ZBI4fZp5coHoAzlF2rHLo6qfDmfMwu3Xb3dE4Gc-2F9KFySLlhF2QtQk5MH19ij-2FAI7oQl7afrmGgif9n0d7wqlPSwS3LvNmOIAZQbS1qs2c5h4d5m-2FqbP2ARQ00qitmZOoUsRaxsROaBJQulhvA5K0v-2BFV5pX2H3EWMmp6gBPKofOGkyUrD0OwvLCAIokcfkdilZbuoLAEuFSntPMWGUzyicBCiOxvJJVA-2BhGcUZymTIvI13BeqHPRBtJqkE16RvxwuvqQf7D8nPa-2BHM0n2LU2FZewE0y4LYIsUKDh2H3utwXS14z1WMm3qTc0e6Ni-2F08aS0eJg8Qcrj6oeAG-2BJ63-2FUQLP43Xl-2F82MgkdBZukAAonDJpA-3D-3D)
Screenshot_2020-12-08_at_12.26.22_PM_-_Taylor_2.msg (https://u8387795.ct.sendgrid.net/ls/click?upn=nZGH0ylxadMp5hTpNkeAFs2KguIDF883TvKUiL5Czauo89OcQL1XvHpyaOEmJgddhTktxCQo3dAEL3UN6JwjbrIOEhWaSG1hipJN4KjQBAic4K3zIRbS4dOZRD4qZ0vMIuweYoNyv2q2X1MYuyDmzlplvX9F0y8jb-2BdndQ5XwSO0zXc-2BrnDJYts-2FSrH-2FLDn-2BFKUAHgGEAV-2F2ZjmUkbKXH6zz29db5pkmIShh5c7Dg7A-3DdAW6_7ZAvuIa3Vku-2FCiNauxXHqK8y9qMQ-2BLRaNhhRx0ZBI4fZp5coHoAzlF2rHLo6qfDmfMwu3Xb3dE4Gc-2F9KFySLlhF2QtQk5MH19ij-2FAI7oQl7afrmGgif9n0d7wqlPSwS3LvNmOIAZQbS1qs2c5h4d5m-2FqbP2ARQ00qitmZOoUsRaxsROaBJQulhvA5K0v-2BFV5pX2H3EWMmp6gBPKofOGkyUrD0OwvLCAIokcfkdilZbuoLAEuFSntPMWGUzyicBCiSONae7e-2Bz1TSpHLy1D-2BY8rvVqSEPzRuPzgBFJDRHURAAE0UOCFUrQDhO-2FVd4CNM3ftyjPB8h6dtL71N4venwNuTdp4VyCrtopvkep-2Fif9h-2FIOCNcJReTA69rYnqnoOYHXLnOwX4rTlLf-2Fnn5bVYzmg-3D-3D)
Screenshot_2020-12-09_at_5.18.54_PM_-_Taylor_3.msg (https://u8387795.ct.sendgrid.net/ls/click?upn=nZGH0ylxadMp5hTpNkeAFs2KguIDF883TvKUiL5Czauo89OcQL1XvHpyaOEmJgddhTktxCQo3dAEL3UN6JwjbrIOEhWaSG1hipJN4KjQBAic4K3zIRbS4dOZRD4qZ0vM4eoyjMfEEl9pmHF9eMRsOUr9rTvXJU2MB1WaNK-2F-2BIcfoTBqjDNahrXxkVM-2BL8XQNkSzsTf2BqEScoPYxs62H8DcXi5b-2BDMSnmgKt9U-2Fh3Cw-3Dx5EP_7ZAvuIa3Vku-2FCiNauxXHqK8y9qMQ-2BLRaNhhRx0ZBI4fZp5coHoAzlF2rHLo6qfDmfMwu3Xb3dE4Gc-2F9KFySLlhF2QtQk5MH19ij-2FAI7oQl7afrmGgif9n0d7wqlPSwS3LvNmOIAZQbS1qs2c5h4d5m-2FqbP2ARQ00qitmZOoUsRaxsROaBJQulhvA5K0v-2BFV5pX2H3EWMmp6gBPKofOGkyUrD0OwvLCAIokcfkdilZbuoLAEuFSntPMWGUzyicBCi-2FkGzBkIhSQwdTXaf1rGRlfTEW-2F-2F9IMR6ILZ09d1rP3A1Z-2BMDPzlQisAStWS-2FScR0ofsDFWBwBB57UGWt3pGY-2FtWBHogz1uK7Xt7p1yRb57rddrVpasETn1cwTHL5hGBNQHMFVOMrMd-2F1bvpQrqtZBQ-3D-3D)
Screenshot_2020-12-09_at_5.19.16_PM_-_Taylor_4.msg (https://u8387795.ct.sendgrid.net/ls/click?upn=nZGH0ylxadMp5hTpNkeAFs2KguIDF883TvKUiL5Czauo89OcQL1XvHpyaOEmJgddhTktxCQo3dAEL3UN6JwjbrIOEhWaSG1hipJN4KjQBAic4K3zIRbS4dOZRD4qZ0vMTpI-2FV1I8WKbg0DdCB-2Brjro1BewHXHQI-2B08JY-2F61D26hOO8YfQVC3KcSjcafXC7KKdS2D-2FEovmLe67Jz6h-2FsJtnSvNJkWBOMSOW5LMCVSumM-3DSn9z_7ZAvuIa3Vku-2FCiNauxXHqK8y9qMQ-2BLRaNhhRx0ZBI4fZp5coHoAzlF2rHLo6qfDmfMwu3Xb3dE4Gc-2F9KFySLlhF2QtQk5MH19ij-2FAI7oQl7afrmGgif9n0d7wqlPSwS3LvNmOIAZQbS1qs2c5h4d5m-2FqbP2ARQ00qitmZOoUsRaxsROaBJQulhvA5K0v-2BFV5pX2H3EWMmp6gBPKofOGkyUrD0OwvLCAIokcfkdilZbuoLAEuFSntPMWGUzyicBCintK9UoG9vdqOaa3sg6RFrBvoUiGCCQVZqKpwNvIkyo78wN8oAbMCNrnE0ti8-2BmsWIXoukh8JeLZp6Z0yXcXT9e76MGK-2FV0Y-2F0Rpf-2BzmJvMOLcjQTmJGnWpOZyUI4-2BwLiU06iNIKt7uEbk95W5TQdDg-3D-3D)
Screenshot_2020-12-09_at_5.19.33_PM_-_Taylor_5.msg (https://u8387795.ct.sendgrid.net/ls/click?upn=nZGH0ylxadMp5hTpNkeAFs2KguIDF883TvKUiL5Czauo89OcQL1XvHpyaOEmJgddhTktxCQo3dAEL3UN6JwjbrIOEhWaSG1hipJN4KjQBAic4K3zIRbS4dOZRD4qZ0vMTpI-2FV1I8WKbg0DdCB-2Brjro1BewHXHQI-2B08JY-2F61D26igY0KLlewoJkEeFyEHa75oSGTHYyxfPVM9ZHmPJ-2Fw8SGYCBG-2FGWrQq9XGL8J1s8DQ-3DkCWi_7ZAvuIa3Vku-2FCiNauxXHqK8y9qMQ-2BLRaNhhRx0ZBI4fZp5coHoAzlF2rHLo6qfDmfMwu3Xb3dE4Gc-2F9KFySLlhF2QtQk5MH19ij-2FAI7oQl7afrmGgif9n0d7wqlPSwS3LvNmOIAZQbS1qs2c5h4d5m-2FqbP2ARQ00qitmZOoUsRaxsROaBJQulhvA5K0v-2BFV5pX2H3EWMmp6gBPKofOGkyUrD0OwvLCAIokcfkdilZbuoLAEuFSntPMWGUzyicBCi-2FbxJxRsNeAqdSvM2ZUp1dcTVXhGwHNqHcZK5rcQb33M6jw1Bk9RQ9m0CKIvA5n2JnUu-2Fcckn0cpa1kTi6FQ6XlPuN7ysp93ojaDYAUlLd2784bc-2FqSiOlYKQ8sDS3dhRvYSSyxC-2BTeTdAazZmmeF2g-3D-3D)
--- Please respond above this line ---
December 18, 2020
Via email requests@muckrock.com
Anonymous
San Francisco, CA
RE: Public Records Request, dated December 08, 2020, Reference # P020865-120820
Dear Anonymous:
The San Francisco Police Commission (Commission) received your Public Records Act request, dated December 08, 2020..
You requested, " San Francisco Police Commission"
PRA Office
1245 3rd Street
San Francisco, CA 94158
December 8, 2020
To San Francisco Police Commission and its Commissioners:
** DO NOT DESTROY ANY RESPONSIVE RECORDS. YOU MUST PRESERVE AND ORDER YOUR EMPLOYEES TO PRESERVE RECORDS DURING THE PENDENCY OF ALL APPEALS. WE WILL APPEAL ALL REDACTIONS OR WITHHOLDINGS. ** Immediate Disclosure Request.
Every department head/elected official must preserve and maintain all correspondence in a professional and businesslike manner (SFAC 67.29-7(a)) and also separately must comply with retention policies (SFAC 67.29-1). Note that if your retention policies do not retain text messages, I will argue before the SOTF and court that this is a failure to maintain **all correspondence** in a professional and businesslike manner.
Relevant precedent: SOTF 19098 - Anonymous v SFPD. Unanimous finding of violation for unlawfully withholding text message metadata (including the to/from/etc. - note SFPD had provided the dates and times, and you must as well), and also for unlawfully printing and scanning electronic records which does not constitute a "copy" of an electronic record.
See also prior rulings in my favor in SOTF 19044, 19047, 19091, 19098, 19103, and 19108 which ruled against the City for email, text messages, past and future calendar entries, meeting details, electronic metadata, and attachments.
The Mayor's Office appears to have destroyed their copies of certain text messages. I'd be happy to get them from her, if she preserved every record. Alas she did not, therefore we must now conduct a universal search of the City. You cannot refer me to another department unless you search and determine that you have no copies in your department. If this is causing more work for you, ask your Mayor to stop destroying her public records.
Note there are many anonymous requesters using MuckRock - I am just one of them. If you previously produced some subset of these records to a MuckRock email address, please reference that prior response so you do not duplicate work. If I am unable to get the prior MuckRock response because it is someone else's and they have marked it private, you will however need to provide me a copy here as well.
1. This is an immediate disclosure request for text, chat, or instant messages between Malia Cohen and either Sean Elsbernd, Andrea Bruss, London Breed, Harlan Kelly, Jr., Naomi Kelly, Hank Heckel, or Walter Wong, including all group messages, and all messages in threads, in any form and any app (including, but not limited to, SMS, MMS, text, iMessage, Teams, Discord, WeChat, QQ, Signal, Telegram, WhatsApp, Facebook, Facebook Messenger, Twitter, Instagram, Hangouts, Meet, Slack, Skype, Viber, Snapchat, Line, Kik, FaceTime, Wickr Me, Chatroulette, Threema, KakaoTalk, Duo, GroupMe, Wire, Voxer, Allo, Tango, Bumble, Grindr, Tinder, Olive, Taimi, but NOT including email), on any government accounts/devices or on personal accounts or devices regarding the conduct of public business, including all participant names, message text, images, attachments, dates, and times, including any in trash or deleted folders or similar (see Good Government Guide - if the records have not been permanently deleted as of the time you receive this request, you must retrieve them from the so-called trash folders and provide them). Provide rolling responses. Provide exact copies including all metadata. There is no limitation by subject or date. If the total pages to produce numbers over 500, inform me of the rough dates, employees involved, and subject matter, and I may be willing to narrow the initial production, AS LONG AS YOU PRESERVE ALL THE RECORDS. See attached image.
2. This is a regular records request for text, chat, or instant messages between any other Commissioner and either Sean Elsbernd, Andrea Bruss, London Breed, Harlan Kelly, Jr., Naomi Kelly, Hank Heckel, or Walter Wong, including all group messages, and all messages in threads, in any form and any app (including, but not limited to, SMS, MMS, text, iMessage, Teams, Discord, WeChat, QQ, Signal, Telegram, WhatsApp, Facebook, Facebook Messenger, Twitter, Instagram, Hangouts, Meet, Slack, Skype, Viber, Snapchat, Line, Kik, FaceTime, Wickr Me, Chatroulette, Threema, KakaoTalk, Duo, GroupMe, Wire, Voxer, Allo, Tango, Bumble, Grindr, Tinder, Olive, Taimi, but NOT including email), on any government accounts/devices or on personal accounts or devices regarding the conduct of public business, including all participant names, message text, images, attachments, dates, and times, including any in trash or deleted folders or similar (see Good Government Guide - if the records have not been permanently deleted as of the time you receive this request, you must retrieve them from the so-called trash folders and provide them). Provide rolling responses. Provide exact copies including all metadata. There is no limitation by subject or date. If the total pages to produce numbers over 500, inform me of the rough dates, employees involved, and subject matter, and I may be willing to narrow the initial production, AS LONG AS YOU PRESERVE ALL THE RECORDS.
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.
Your non-exhaustive obligations:
- All withholding of any information must be justified in writing by specific statutory authority (SFAC 67.27).
- Every redaction must be keyed by footnote or by 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 above 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. ******
I look forward to your lawful response.
NOTE: THE EMAIL ADDRESS SENDING THIS REQUEST IS A PUBLICLY-VIEWABLE MAILBOX. Please be certain you have properly redacted all of your responses. Once you send them to us, there is no going back. 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
Although the Commission has 10 calendar days to respond to your request, we are invoking an additional 14 day extension of time to respond to your request pursuant to Government Code section 6253(c) because of the need to search, collect, review, and consult with another department. Once it has been determined whether or not the information you request is responsive and subject to disclosure we will advise you as soon practicable but no later than January 1, 2021.
* Commissioner DeJesus has no responsive documents to your request.
* All responsive documents from Commissioner Taylor are included in this letter:
* Taylor 1 - Text message between Commissioner Taylor and Sean Elsbernd - June 3, 2020
* Taylor 2 - Text message between Commissioner Taylor and Sean Elsbernd - June 3, 2020
* Taylor 3 - Text message between Commissioner Taylor and Sean Elsbernd - July 15, 2020
* Taylor 4 - Text message between Commissioner Taylor and Sean Elsbernd - Nov 9, 2020
* Taylor 5 - Text message between Commissioner Taylor and Sean Elsbernd - Nov 9, 2020
If you have any questions, please contact me at 415-837-7070.
Sincerely,
Sgt. Stacy Youngblood
Officer in Charge
Police Commission Office
To monitor the progress or update this request please log into the SFPD Public Records Center. (https://u8387795.ct.sendgrid.net/ls/click?upn=nZGH0ylxadMp5hTpNkeAFs2KguIDF883TvKUiL5Czauo89OcQL1XvHpyaOEmJgddHZionDPZxe8o-2F99A9Uuw22a5Vhi6S4ChnWb-2Fet58Lcf7C-2FwBVF4pI1KV9AgaKZlO3xD-_7ZAvuIa3Vku-2FCiNauxXHqK8y9qMQ-2BLRaNhhRx0ZBI4fZp5coHoAzlF2rHLo6qfDmfMwu3Xb3dE4Gc-2F9KFySLlhF2QtQk5MH19ij-2FAI7oQl7afrmGgif9n0d7wqlPSwS3LvNmOIAZQbS1qs2c5h4d5m-2FqbP2ARQ00qitmZOoUsRaxsROaBJQulhvA5K0v-2BFV5pX2H3EWMmp6gBPKofOGkyUrD0OwvLCAIokcfkdilZbuoLAEuFSntPMWGUzyicBCiVOli-2Bihq5KNEJ1bIg-2FVRMUlet0LN22PlVAYUqFmR7yYMXSKdPlRzYmUiVdNyopVwQD-2Bm1ub8gEFV1CVvfbYF9FSNEbjznLoKDDSAIzB4hUNO2xNlZIsREvlbKEqlLyZVZlKR4Vg0kTSH5v8xzL5J5A-3D-3D)
This is an auto-generated email and has originated from an unmonitored email account. Please DO NOT REPLY.
From: San Francisco Police Commission
December 18, 2020
Via email requests@muckrock.com
Anonymous
San Francisco, CA
RE: Public Records Request, dated December 08, 2020, Reference # P020865-120820
Dear Anonymous:
The San Francisco Police Commission (Commission) received your Public Records Act request, dated December 08, 2020..
You requested, "San Francisco Police Commission
PRA Office
1245 3rd Street
San Francisco, CA 94158
December 8, 2020
To San Francisco Police Commission and its Commissioners:
** DO NOT DESTROY ANY RESPONSIVE RECORDS. YOU MUST PRESERVE AND ORDER YOUR EMPLOYEES TO PRESERVE RECORDS DURING THE PENDENCY OF ALL APPEALS. WE WILL APPEAL ALL REDACTIONS OR WITHHOLDINGS. ** Immediate Disclosure Request.
Every department head/elected official must preserve and maintain all correspondence in a professional and businesslike manner (SFAC 67.29-7(a)) and also separately must comply with retention policies (SFAC 67.29-1). Note that if your retention policies do not retain text messages, I will argue before the SOTF and court that this is a failure to maintain **all correspondence** in a professional and businesslike manner.
Relevant precedent: SOTF 19098 - Anonymous v SFPD. Unanimous finding of violation for unlawfully withholding text message metadata (including the to/from/etc. - note SFPD had provided the dates and times, and you must as well), and also for unlawfully printing and scanning electronic records which does not constitute a "copy" of an electronic record.
See also prior rulings in my favor in SOTF 19044, 19047, 19091, 19098, 19103, and 19108 which ruled against the City for email, text messages, past and future calendar entries, meeting details, electronic metadata, and attachments.
The Mayor's Office appears to have destroyed their copies of certain text messages. I'd be happy to get them from her, if she preserved every record. Alas she did not, therefore we must now conduct a universal search of the City. You cannot refer me to another department unless you search and determine that you have no copies in your department. If this is causing more work for you, ask your Mayor to stop destroying her public records.
Note there are many anonymous requesters using MuckRock - I am just one of them. If you previously produced some subset of these records to a MuckRock email address, please reference that prior response so you do not duplicate work. If I am unable to get the prior MuckRock response because it is someone else's and they have marked it private, you will however need to provide me a copy here as well.
1. This is an immediate disclosure request for text, chat, or instant messages between Malia Cohen and either Sean Elsbernd, Andrea Bruss, London Breed, Harlan Kelly, Jr., Naomi Kelly, Hank Heckel, or Walter Wong, including all group messages, and all messages in threads, in any form and any app (including, but not limited to, SMS, MMS, text, iMessage, Teams, Discord, WeChat, QQ, Signal, Telegram, WhatsApp, Facebook, Facebook Messenger, Twitter, Instagram, Hangouts, Meet, Slack, Skype, Viber, Snapchat, Line, Kik, FaceTime, Wickr Me, Chatroulette, Threema, KakaoTalk, Duo, GroupMe, Wire, Voxer, Allo, Tango, Bumble, Grindr, Tinder, Olive, Taimi, but NOT including email), on any government accounts/devices or on personal accounts or devices regarding the conduct of public business, including all participant names, message text, images, attachments, dates, and times, including any in trash or deleted folders or similar (see Good Government Guide - if the records have not been permanently deleted as of the time you receive this request, you must retrieve them from the so-called trash folders and provide them). Provide rolling responses. Provide exact copies including all metadata. There is no limitation by subject or date. If the total pages to produce numbers over 500, inform me of the rough dates, employees involved, and subject matter, and I may be willing to narrow the initial production, AS LONG AS YOU PRESERVE ALL THE RECORDS. See attached image.
2. This is a regular records request for text, chat, or instant messages between any other Commissioner and either Sean Elsbernd, Andrea Bruss, London Breed, Harlan Kelly, Jr., Naomi Kelly, Hank Heckel, or Walter Wong, including all group messages, and all messages in threads, in any form and any app (including, but not limited to, SMS, MMS, text, iMessage, Teams, Discord, WeChat, QQ, Signal, Telegram, WhatsApp, Facebook, Facebook Messenger, Twitter, Instagram, Hangouts, Meet, Slack, Skype, Viber, Snapchat, Line, Kik, FaceTime, Wickr Me, Chatroulette, Threema, KakaoTalk, Duo, GroupMe, Wire, Voxer, Allo, Tango, Bumble, Grindr, Tinder, Olive, Taimi, but NOT including email), on any government accounts/devices or on personal accounts or devices regarding the conduct of public business, including all participant names, message text, images, attachments, dates, and times, including any in trash or deleted folders or similar (see Good Government Guide - if the records have not been permanently deleted as of the time you receive this request, you must retrieve them from the so-called trash folders and provide them). Provide rolling responses. Provide exact copies including all metadata. There is no limitation by subject or date. If the total pages to produce numbers over 500, inform me of the rough dates, employees involved, and subject matter, and I may be willing to narrow the initial production, AS LONG AS YOU PRESERVE ALL THE RECORDS.
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.
Your non-exhaustive obligations:
- All withholding of any information must be justified in writing by specific statutory authority (SFAC 67.27).
- Every redaction must be keyed by footnote or by 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 above 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. ******
I look forward to your lawful response.
NOTE: THE EMAIL ADDRESS SENDING THIS REQUEST IS A PUBLICLY-VIEWABLE MAILBOX. Please be certain you have properly redacted all of your responses. Once you send them to us, there is no going back. 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"
Although the Commission has 10 calendar days to respond to your request, we are invoking an additional 14 day extension of time to respond to your request pursuant to Government Code section 6253(c) because of the need to search, collect, review, and consult with another department. Once it has been determined whether or not the information you request is responsive and subject to disclosure we will advise you as soon practicable but no later than January 1, 2021.
* Commissioner DeJesus has no responsive documents to your request.
* All responsive documents from Commissioner Taylor are included in this letter:
* Taylor 1 - Text message between Commissioner Taylor and Sean Elsbernd - June 3, 2020
* Taylor 2 - Text message between Commissioner Taylor and Sean Elsbernd - June 3, 2020
* Taylor 3 - Text message between Commissioner Taylor and Sean Elsbernd - July 15, 2020
* Taylor 4 - Text message between Commissioner Taylor and Sean Elsbernd - Nov 9, 2020
* Taylor 5 - Text message between Commissioner Taylor and Sean Elsbernd - Nov 9, 2020
If you have any questions, please contact me at 415-837-7070.
Sincerely,
Sgt. Stacy Youngblood
Officer in Charge
Police Commission Office
From: San Francisco Police Commission
Attachments:
Commission_Redaction_Index.pdf (https://u8387795.ct.sendgrid.net/ls/click?upn=nZGH0ylxadMp5hTpNkeAFs2KguIDF883TvKUiL5Czauo89OcQL1XvHpyaOEmJgddhTktxCQo3dAEL3UN6JwjbrIOEhWaSG1hipJN4KjQBAic4K3zIRbS4dOZRD4qZ0vMcgTIVHDNsLiSb3J0b1hLP7-2F6p9DaW3LilxkNkQsVfnL-2BBa1O7sB-2FgP4ia0RpDs6nyrLNpJ9SYMa575YdudMS5tjMwjHd-2FkktYIpG7K13CgY-3DFp10_7ZAvuIa3Vku-2FCiNauxXHqK8y9qMQ-2BLRaNhhRx0ZBI4fZp5coHoAzlF2rHLo6qfDmfMwu3Xb3dE4Gc-2F9KFySLluW5qCZaudImiLGCI7Ny7jVrf9SJSn2XSKO7ZesmxjyTa9E9h-2Bc-2FOiG76ZM8kojpHrnYXPmSAeSXytvSDJ8MOwgiksy08Sn6MZMUOVzSaop9ASIjOSsuTqjDQEAwhrxXpsZBLr4OxFcj7U7ZLefoOZfT0bT6QT-2F4dlKTN2-2BmaszHyW2lEWJGh52Mz1hwcdv-2B1iGWQ3nTLGDImYeje5VF0Yh9-2B4VzQUyWp2qzSngPLtkfCmeV1LXILmtYIcesL6e97ut-2FwNAmQWSkvfexxuijZSZkojpLankZ-2F3DTHARbVrtbnzJnRS7XvxRQaf1J0v4Xqw-3D-3D)
Responsive_Doc_20865_-_Brookter_1.png (https://u8387795.ct.sendgrid.net/ls/click?upn=nZGH0ylxadMp5hTpNkeAFs2KguIDF883TvKUiL5Czauo89OcQL1XvHpyaOEmJgddhTktxCQo3dAEL3UN6JwjbrIOEhWaSG1hipJN4KjQBAic4K3zIRbS4dOZRD4qZ0vMNWQs36f-2FpbxaaofLdjMKERyHtT6V0h0WpixAEorofoQm1HRvVD-2BeJd3VAuPhKBQI1UNvuSoJnnb0uPRi3-2FZgsGHrJXsAni7H-2B9GUBULjCMg-3Dfn1A_7ZAvuIa3Vku-2FCiNauxXHqK8y9qMQ-2BLRaNhhRx0ZBI4fZp5coHoAzlF2rHLo6qfDmfMwu3Xb3dE4Gc-2F9KFySLluW5qCZaudImiLGCI7Ny7jVrf9SJSn2XSKO7ZesmxjyTa9E9h-2Bc-2FOiG76ZM8kojpHrnYXPmSAeSXytvSDJ8MOwgiksy08Sn6MZMUOVzSaop9ASIjOSsuTqjDQEAwhrxXpsZBLr4OxFcj7U7ZLefoOZfT0bT6QT-2F4dlKTN2-2BmaszHEAtT9ie5XzIkZkbSiLNXqwCF1oiebpuf5jg-2Fa60meZHptJLCTNqlfERUJ5m6N-2BUKxCXuMKiic7aRxJMALCkF-2F-2BQdPDgQ-2BKPO-2ByV6A6z9weJAjyjGnl7o-2BXWRO-2BGULGhzDIuTU7W-2FOwyIfwux8TE45w-3D-3D)
Responsive_Doc_20865_Brookter_2.png (https://u8387795.ct.sendgrid.net/ls/click?upn=nZGH0ylxadMp5hTpNkeAFs2KguIDF883TvKUiL5Czauo89OcQL1XvHpyaOEmJgddhTktxCQo3dAEL3UN6JwjbrIOEhWaSG1hipJN4KjQBAic4K3zIRbS4dOZRD4qZ0vMNWQs36f-2FpbxaaofLdjMKERyHtT6V0h0WpixAEorofoT3ONoY9BT21lhXxxqj5DxYyb3SLeptxSJk8YAhpFaQ2q3PoyDcvZzL04d41BQ3DKw-3DHIIt_7ZAvuIa3Vku-2FCiNauxXHqK8y9qMQ-2BLRaNhhRx0ZBI4fZp5coHoAzlF2rHLo6qfDmfMwu3Xb3dE4Gc-2F9KFySLluW5qCZaudImiLGCI7Ny7jVrf9SJSn2XSKO7ZesmxjyTa9E9h-2Bc-2FOiG76ZM8kojpHrnYXPmSAeSXytvSDJ8MOwgiksy08Sn6MZMUOVzSaop9ASIjOSsuTqjDQEAwhrxXpsZBLr4OxFcj7U7ZLefoOZfT0bT6QT-2F4dlKTN2-2BmaszHc-2Fz1Oo8L1XMtXhaky1CA-2FLHdpKMILzn-2BGjZE3xyoWzoO1f5I6mh8T28hTcgQRjhb-2F0XqJftH25CWefwEN43s0T4GLUT5ygLc-2FHUoflL0lLLmNjO6byecKznTdeDny9cHQ3iaDPGYx9skjpPab6vY-2FQ-3D-3D)
Responsive_Doc_20865_Brookter_3.png (https://u8387795.ct.sendgrid.net/ls/click?upn=nZGH0ylxadMp5hTpNkeAFs2KguIDF883TvKUiL5Czauo89OcQL1XvHpyaOEmJgddhTktxCQo3dAEL3UN6JwjbrIOEhWaSG1hipJN4KjQBAic4K3zIRbS4dOZRD4qZ0vMcrWgXPR3Yl59SGJZnBRQLkP96y6mj6dJAuqBejh8sTRurBdTREcTmGdWqkt4pu25dqNC7QImUm7ojnUgyCc1jASez8gGLfWWa6sK7vi8pzg-3D3Nfn_7ZAvuIa3Vku-2FCiNauxXHqK8y9qMQ-2BLRaNhhRx0ZBI4fZp5coHoAzlF2rHLo6qfDmfMwu3Xb3dE4Gc-2F9KFySLluW5qCZaudImiLGCI7Ny7jVrf9SJSn2XSKO7ZesmxjyTa9E9h-2Bc-2FOiG76ZM8kojpHrnYXPmSAeSXytvSDJ8MOwgiksy08Sn6MZMUOVzSaop9ASIjOSsuTqjDQEAwhrxXpsZBLr4OxFcj7U7ZLefoOZfT0bT6QT-2F4dlKTN2-2BmaszHbwdUAX0c-2FEhu4exj7ftfQfsBCvi9YyOX-2BJi7gG9eyt1v3XYSCEqXqOPc4DSbR2FGJg9KW7y68YWVxgP3VOmx6k8A686HrjuaE4MkjK-2BiknbTKkQOJiNacO7ZojzNyn5MKKwSeaE1DO1KwK5vVoTwpA-3D-3D)
Taylor_3_Redacted.pdf (https://u8387795.ct.sendgrid.net/ls/click?upn=nZGH0ylxadMp5hTpNkeAFs2KguIDF883TvKUiL5Czauo89OcQL1XvHpyaOEmJgddhTktxCQo3dAEL3UN6JwjbrIOEhWaSG1hipJN4KjQBAic4K3zIRbS4dOZRD4qZ0vMcgTIVHDNsLiSb3J0b1hLP7-2F6p9DaW3LilxkNkQsVfnLnA26OIulS9Xwg9gYZ6SVSV8uM-2BSCT6-2BqaNGKWT2CT2Dxtp3z-2FgRtrnM4ta-2BxvkdY-3DvNvR_7ZAvuIa3Vku-2FCiNauxXHqK8y9qMQ-2BLRaNhhRx0ZBI4fZp5coHoAzlF2rHLo6qfDmfMwu3Xb3dE4Gc-2F9KFySLluW5qCZaudImiLGCI7Ny7jVrf9SJSn2XSKO7ZesmxjyTa9E9h-2Bc-2FOiG76ZM8kojpHrnYXPmSAeSXytvSDJ8MOwgiksy08Sn6MZMUOVzSaop9ASIjOSsuTqjDQEAwhrxXpsZBLr4OxFcj7U7ZLefoOZfT0bT6QT-2F4dlKTN2-2BmaszHf0VX7x-2BOUZZ3XgXlwZBANlldzCI-2BykfEYRAYtoNQmZFqulSlggIJD813YST0xAoHcIF52-2FjjpBJ0rHB1UrpBrqf-2Fj3okd1hXWXL84-2BYn8SI50ULDyZ5EN2ISXynza-2BxAx11yohCZuSCeaSZXljWm3A-3D-3D)
--- Please respond above this line ---
December 31, 2020
Anonymous
San Francisco, CA
RE: Public Records Request dated December 08, 2020, Reference# P020865-120820
Dear Anonymous:
The San Francisco Police Commission ("Commission") received your request dated December 08, 2020.
You requested, "San Francisco Police Commission PRA Office 1245 3rd Street San Francisco, CA 94158 December 8, 2020 To San Francisco Police Commission and its Commissioners: ** DO NOT DESTROY ANY RESPONSIVE RECORDS. YOU MUST PRESERVE AND ORDER YOUR EMPLOYEES TO PRESERVE RECORDS DURING THE PENDENCY OF ALL APPEALS. WE WILL APPEAL ALL REDACTIONS OR WITHHOLDINGS. ** Immediate Disclosure Request. Every department head/elected official must preserve and maintain all correspondence in a professional and businesslike manner (SFAC 67.29-7(a)) and also separately must comply with retention policies (SFAC 67.29-1). Note that if your retention policies do not retain text messages, I will argue before the SOTF and court that this is a failure to maintain **all correspondence** in a professional and businesslike manner. Relevant precedent: SOTF 19098 - Anonymous v SFPD. Unanimous finding of violation for unlawfully withholding text message metadata (including the to/from/etc. - note SFPD had provided the dates and times, and you must as well), and also for unlawfully printing and scanning electronic records which does not constitute a "copy" of an electronic record. See also prior rulings in my favor in SOTF 19044, 19047, 19091, 19098, 19103, and 19108 which ruled against the City for email, text messages, past and future calendar entries, meeting details, electronic metadata, and attachments. The Mayor's Office appears to have destroyed their copies of certain text messages. I'd be happy to get them from her, if she preserved every record. Alas she did not, therefore we must now conduct a universal search of the City. You cannot refer me to another department unless you search and determine that you have no copies in your department. If this is causing more work for you, ask your Mayor to stop destroying her public records. Note there are many anonymous requesters using MuckRock - I am just one of them. If you previously produced some subset of these records to a MuckRock email address, please reference that prior response so you do not duplicate work. If I am unable to get the prior MuckRock response because it is someone else's and they have marked it private, you will however need to provide me a copy here as well. 1. This is an immediate disclosure request for text, chat, or instant messages between Malia Cohen and either Sean Elsbernd, Andrea Bruss, London Breed, Harlan Kelly, Jr., Naomi Kelly, Hank Heckel, or Walter Wong, including all group messages, and all messages in threads, in any form and any app (including, but not limited to, SMS, MMS, text, iMessage, Teams, Discord, WeChat, QQ, Signal, Telegram, WhatsApp, Facebook, Facebook Messenger, Twitter, Instagram, Hangouts, Meet, Slack, Skype, Viber, Snapchat, Line, Kik, FaceTime, Wickr Me, Chatroulette, Threema, KakaoTalk, Duo, GroupMe, Wire, Voxer, Allo, Tango, Bumble, Grindr, Tinder, Olive, Taimi, but NOT including email), on any government accounts/devices or on personal accounts or devices regarding the conduct of public business, including all participant names, message text, images, attachments, dates, and times, including any in trash or deleted folders or similar (see Good Government Guide - if the records have not been permanently deleted as of the time you receive this request, you must retrieve them from the so-called trash folders and provide them). Provide rolling responses. Provide exact copies including all metadata. There is no limitation by subject or date. If the total pages to produce numbers over 500, inform me of the rough dates, employees involved, and subject matter, and I may be willing to narrow the initial production, AS LONG AS YOU PRESERVE ALL THE RECORDS. See attached image. 2. This is a regular records request for text, chat, or instant messages between any other Commissioner and either Sean Elsbernd, Andrea Bruss, London Breed, Harlan Kelly, Jr., Naomi Kelly, Hank Heckel, or Walter Wong, including all group messages, and all messages in threads, in any form and any app (including, but not limited to, SMS, MMS, text, iMessage, Teams, Discord, WeChat, QQ, Signal, Telegram, WhatsApp, Facebook, Facebook Messenger, Twitter, Instagram, Hangouts, Meet, Slack, Skype, Viber, Snapchat, Line, Kik, FaceTime, Wickr Me, Chatroulette, Threema, KakaoTalk, Duo, GroupMe, Wire, Voxer, Allo, Tango, Bumble, Grindr, Tinder, Olive, Taimi, but NOT including email), on any government accounts/devices or on personal accounts or devices regarding the conduct of public business, including all participant names, message text, images, attachments, dates, and times, including any in trash or deleted folders or similar (see Good Government Guide - if the records have not been permanently deleted as of the time you receive this request, you must retrieve them from the so-called trash folders and provide them). Provide rolling responses. Provide exact copies including all metadata. There is no limitation by subject or date. If the total pages to produce numbers over 500, inform me of the rough dates, employees involved, and subject matter, and I may be willing to narrow the initial production, AS LONG AS YOU PRESERVE ALL THE RECORDS. 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. Your non-exhaustive obligations: - All withholding of any information must be justified in writing by specific statutory authority (SFAC 67.27). - Every redaction must be keyed by footnote or by 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 above 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. ****** I look forward to your lawful response. NOTE: THE EMAIL ADDRESS SENDING THIS REQUEST IS A PUBLICLY-VIEWABLE MAILBOX. Please be certain you have properly redacted all of your responses. Once you send them to us, there is no going back. 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"
On, December 18th 2020 the Commission had invoked an additional 14 day extension of time to respond to your request pursuant to Government Code section 6253(c) and notified you that we would produce documents as soon as practicable but no later than January 1st 2021.
However, please be advised that our response to your request is forthcoming. The Commission is continuing its review for documents that are potentially responsive to your request and will produce them as soon as practicable or, if necessary, on an incremental or rolling basis once they are finally determined to be responsive and non-exempt. The Commission anticipates completing this review in the next few weeks and will update you no later than January 15th 2021.
In our previous correspondence to you, we released text messages from Commissioner Taylor which had inadvertently left a personal cellphone number unredacted. I have attached the redacted version of that text message to this letter/email as well as a copy of the Commission Redaction Index to correspond with the reason for redaction.
This letter also contains responsive records from Commissioner Brookter which are all unredacted.
Items from Commissioner Brookter include:
* "Responsive Doc 20865 - Brookter 1 - Text message with Harlan Kelly Jr.
* "Responsive Doc 20865 - Brookter 2 - Text message with Harlan Kelly Jr.
* "Responsive Doc 20865 - Brookter 3 - Text message with Mayor London Breed
The Commission has no responsive documents for the following:
* Commissioner Elias
* Commissioner DeJesus
* Commissioner Hamasaki
* Sgt. Stacy Youngblood
Sincerely,
Sergeant Stacy Youngblood
Officer in Charge
Police Commission Office
To monitor the progress or update this request please log into the SFPD Public Records Center. (https://u8387795.ct.sendgrid.net/ls/click?upn=nZGH0ylxadMp5hTpNkeAFs2KguIDF883TvKUiL5Czauo89OcQL1XvHpyaOEmJgddHZionDPZxe8o-2F99A9Uuw22a5Vhi6S4ChnWb-2Fet58Lcf7C-2FwBVF4pI1KV9AgaKZlOvaFb_7ZAvuIa3Vku-2FCiNauxXHqK8y9qMQ-2BLRaNhhRx0ZBI4fZp5coHoAzlF2rHLo6qfDmfMwu3Xb3dE4Gc-2F9KFySLluW5qCZaudImiLGCI7Ny7jVrf9SJSn2XSKO7ZesmxjyTa9E9h-2Bc-2FOiG76ZM8kojpHrnYXPmSAeSXytvSDJ8MOwgiksy08Sn6MZMUOVzSaop9ASIjOSsuTqjDQEAwhrxXpsZBLr4OxFcj7U7ZLefoOZfT0bT6QT-2F4dlKTN2-2BmaszHl36VImJ1AWuxVa2-2BtuV30dj1dhN9SWZTUgiL-2BcSP7LpxY-2BrgBAwLiq4HRx9z9XMDiaTDGtvjfR11HNByqMbfl4jvG6yCgcJRFeFzCXoCoBeJzbv3L09gkafKS-2BITRqMzjCs8diBm4fen-2FCHZwrIpwQ-3D-3D)
This is an auto-generated email and has originated from an unmonitored email account. Please DO NOT REPLY.
From: San Francisco Police Commission
December 31, 2020
Anonymous
San Francisco, CA
RE: Public Records Request dated December 08, 2020, Reference# P020865-120820
Dear Anonymous:
The San Francisco Police Commission ("Commission") received your request dated December 08, 2020.
You requested, "San Francisco Police Commission PRA Office 1245 3rd Street San Francisco, CA 94158 December 8, 2020 To San Francisco Police Commission and its Commissioners: ** DO NOT DESTROY ANY RESPONSIVE RECORDS. YOU MUST PRESERVE AND ORDER YOUR EMPLOYEES TO PRESERVE RECORDS DURING THE PENDENCY OF ALL APPEALS. WE WILL APPEAL ALL REDACTIONS OR WITHHOLDINGS. ** Immediate Disclosure Request. Every department head/elected official must preserve and maintain all correspondence in a professional and businesslike manner (SFAC 67.29-7(a)) and also separately must comply with retention policies (SFAC 67.29-1). Note that if your retention policies do not retain text messages, I will argue before the SOTF and court that this is a failure to maintain **all correspondence** in a professional and businesslike manner. Relevant precedent: SOTF 19098 - Anonymous v SFPD. Unanimous finding of violation for unlawfully withholding text message metadata (including the to/from/etc. - note SFPD had provided the dates and times, and you must as well), and also for unlawfully printing and scanning electronic records which does not constitute a "copy" of an electronic record. See also prior rulings in my favor in SOTF 19044, 19047, 19091, 19098, 19103, and 19108 which ruled against the City for email, text messages, past and future calendar entries, meeting details, electronic metadata, and attachments. The Mayor's Office appears to have destroyed their copies of certain text messages. I'd be happy to get them from her, if she preserved every record. Alas she did not, therefore we must now conduct a universal search of the City. You cannot refer me to another department unless you search and determine that you have no copies in your department. If this is causing more work for you, ask your Mayor to stop destroying her public records. Note there are many anonymous requesters using MuckRock - I am just one of them. If you previously produced some subset of these records to a MuckRock email address, please reference that prior response so you do not duplicate work. If I am unable to get the prior MuckRock response because it is someone else's and they have marked it private, you will however need to provide me a copy here as well. 1. This is an immediate disclosure request for text, chat, or instant messages between Malia Cohen and either Sean Elsbernd, Andrea Bruss, London Breed, Harlan Kelly, Jr., Naomi Kelly, Hank Heckel, or Walter Wong, including all group messages, and all messages in threads, in any form and any app (including, but not limited to, SMS, MMS, text, iMessage, Teams, Discord, WeChat, QQ, Signal, Telegram, WhatsApp, Facebook, Facebook Messenger, Twitter, Instagram, Hangouts, Meet, Slack, Skype, Viber, Snapchat, Line, Kik, FaceTime, Wickr Me, Chatroulette, Threema, KakaoTalk, Duo, GroupMe, Wire, Voxer, Allo, Tango, Bumble, Grindr, Tinder, Olive, Taimi, but NOT including email), on any government accounts/devices or on personal accounts or devices regarding the conduct of public business, including all participant names, message text, images, attachments, dates, and times, including any in trash or deleted folders or similar (see Good Government Guide - if the records have not been permanently deleted as of the time you receive this request, you must retrieve them from the so-called trash folders and provide them). Provide rolling responses. Provide exact copies including all metadata. There is no limitation by subject or date. If the total pages to produce numbers over 500, inform me of the rough dates, employees involved, and subject matter, and I may be willing to narrow the initial production, AS LONG AS YOU PRESERVE ALL THE RECORDS. See attached image. 2. This is a regular records request for text, chat, or instant messages between any other Commissioner and either Sean Elsbernd, Andrea Bruss, London Breed, Harlan Kelly, Jr., Naomi Kelly, Hank Heckel, or Walter Wong, including all group messages, and all messages in threads, in any form and any app (including, but not limited to, SMS, MMS, text, iMessage, Teams, Discord, WeChat, QQ, Signal, Telegram, WhatsApp, Facebook, Facebook Messenger, Twitter, Instagram, Hangouts, Meet, Slack, Skype, Viber, Snapchat, Line, Kik, FaceTime, Wickr Me, Chatroulette, Threema, KakaoTalk, Duo, GroupMe, Wire, Voxer, Allo, Tango, Bumble, Grindr, Tinder, Olive, Taimi, but NOT including email), on any government accounts/devices or on personal accounts or devices regarding the conduct of public business, including all participant names, message text, images, attachments, dates, and times, including any in trash or deleted folders or similar (see Good Government Guide - if the records have not been permanently deleted as of the time you receive this request, you must retrieve them from the so-called trash folders and provide them). Provide rolling responses. Provide exact copies including all metadata. There is no limitation by subject or date. If the total pages to produce numbers over 500, inform me of the rough dates, employees involved, and subject matter, and I may be willing to narrow the initial production, AS LONG AS YOU PRESERVE ALL THE RECORDS. 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. Your non-exhaustive obligations: - All withholding of any information must be justified in writing by specific statutory authority (SFAC 67.27). - Every redaction must be keyed by footnote or by 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 above 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. ****** I look forward to your lawful response. NOTE: THE EMAIL ADDRESS SENDING THIS REQUEST IS A PUBLICLY-VIEWABLE MAILBOX. Please be certain you have properly redacted all of your responses. Once you send them to us, there is no going back. 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"
On, December 18th 2020 the Commission had invoked an additional 14 day extension of time to respond to your request pursuant to Government Code section 6253(c) and notified you that we would produce documents as soon as practicable but no later than January 1st 2021.
However, please be advised that our response to your request is forthcoming. The Commission is continuing its review for documents that are potentially responsive to your request and will produce them as soon as practicable or, if necessary, on an incremental or rolling basis once they are finally determined to be responsive and non-exempt. The Commission anticipates completing this review in the next few weeks and will update you no later than January 15th 2021.
In our previous correspondence to you, we released text messages from Commissioner Taylor which had inadvertently left a personal cellphone number unredacted. I have attached the redacted version of that text message to this letter/email as well as a copy of the Commission Redaction Index to correspond with the reason for redaction.
This letter also contains responsive records from Commissioner Brookter which are all unredacted.
Items from Commissioner Brookter include:
* "Responsive Doc 20865 - Brookter 1 - Text message with Harlan Kelly Jr.
* "Responsive Doc 20865 - Brookter 2 - Text message with Harlan Kelly Jr.
* "Responsive Doc 20865 - Brookter 3 - Text message with Mayor London Breed
The Commission has no responsive documents for the following:
* Commissioner Elias
* Commissioner DeJesus
* Commissioner Hamasaki
* Sgt. Stacy Youngblood
Sincerely,
Sergeant Stacy Youngblood
Officer in Charge
Police Commission Office
From: twitter.com/journo_anon Public Records Requester
Thank you Sgt. Youngblood for your prompt response.
Please reconsider whether your redactions for Taylor are for reason #1 vs reason #11.
Elsbernd is not a police officer.
From: San Francisco Police Commission
Anon,
You are more than welcome. And thank you for bringing the redaction code to my attention. You are correct, it should be redaction code #11.
My apologies for the mix up.
Happy New Year!
Stacy
From: San Francisco Police Commission
--- Please respond above this line ---
January 04, 2021 Via email requests@muckrock.com
Anonymous
San Francisco, CA
RE: Public Records Request, dated December 08, 2020, Reference # P020865-120820
Dear Anonymous:
The San Francisco Police Commission (Commission) received your Public Records Act request, dated December 08, 2020.
You requested, " San Francisco Police Commission"
PRA Office
1245 3rd Street
San Francisco, CA 94158
December 8, 2020
To San Francisco Police Commission and its Commissioners:
** DO NOT DESTROY ANY RESPONSIVE RECORDS. YOU MUST PRESERVE AND ORDER YOUR EMPLOYEES TO PRESERVE RECORDS DURING THE PENDENCY OF ALL APPEALS. WE WILL APPEAL ALL REDACTIONS OR WITHHOLDINGS. ** Immediate Disclosure Request.
Every department head/elected official must preserve and maintain all correspondence in a professional and businesslike manner (SFAC 67.29-7(a)) and also separately must comply with retention policies (SFAC 67.29-1). Note that if your retention policies do not retain text messages, I will argue before the SOTF and court that this is a failure to maintain **all correspondence** in a professional and businesslike manner.
Relevant precedent: SOTF 19098 - Anonymous v SFPD. Unanimous finding of violation for unlawfully withholding text message metadata (including the to/from/etc. - note SFPD had provided the dates and times, and you must as well), and also for unlawfully printing and scanning electronic records which does not constitute a "copy" of an electronic record.
See also prior rulings in my favor in SOTF 19044, 19047, 19091, 19098, 19103, and 19108 which ruled against the City for email, text messages, past and future calendar entries, meeting details, electronic metadata, and attachments.
The Mayor's Office appears to have destroyed their copies of certain text messages. I'd be happy to get them from her, if she preserved every record. Alas she did not, therefore we must now conduct a universal search of the City. You cannot refer me to another department unless you search and determine that you have no copies in your department. If this is causing more work for you, ask your Mayor to stop destroying her public records.
Note there are many anonymous requesters using MuckRock - I am just one of them. If you previously produced some subset of these records to a MuckRock email address, please reference that prior response so you do not duplicate work. If I am unable to get the prior MuckRock response because it is someone else's and they have marked it private, you will however need to provide me a copy here as well.
1. This is an immediate disclosure request for text, chat, or instant messages between Malia Cohen and either Sean Elsbernd, Andrea Bruss, London Breed, Harlan Kelly, Jr., Naomi Kelly, Hank Heckel, or Walter Wong, including all group messages, and all messages in threads, in any form and any app (including, but not limited to, SMS, MMS, text, iMessage, Teams, Discord, WeChat, QQ, Signal, Telegram, WhatsApp, Facebook, Facebook Messenger, Twitter, Instagram, Hangouts, Meet, Slack, Skype, Viber, Snapchat, Line, Kik, FaceTime, Wickr Me, Chatroulette, Threema, KakaoTalk, Duo, GroupMe, Wire, Voxer, Allo, Tango, Bumble, Grindr, Tinder, Olive, Taimi, but NOT including email), on any government accounts/devices or on personal accounts or devices regarding the conduct of public business, including all participant names, message text, images, attachments, dates, and times, including any in trash or deleted folders or similar (see Good Government Guide - if the records have not been permanently deleted as of the time you receive this request, you must retrieve them from the so-called trash folders and provide them). Provide rolling responses. Provide exact copies including all metadata. There is no limitation by subject or date. If the total pages to produce numbers over 500, inform me of the rough dates, employees involved, and subject matter, and I may be willing to narrow the initial production, AS LONG AS YOU PRESERVE ALL THE RECORDS. See attached image.
2. This is a regular records request for text, chat, or instant messages between any other Commissioner and either Sean Elsbernd, Andrea Bruss, London Breed, Harlan Kelly, Jr., Naomi Kelly, Hank Heckel, or Walter Wong, including all group messages, and all messages in threads, in any form and any app (including, but not limited to, SMS, MMS, text, iMessage, Teams, Discord, WeChat, QQ, Signal, Telegram, WhatsApp, Facebook, Facebook Messenger, Twitter, Instagram, Hangouts, Meet, Slack, Skype, Viber, Snapchat, Line, Kik, FaceTime, Wickr Me, Chatroulette, Threema, KakaoTalk, Duo, GroupMe, Wire, Voxer, Allo, Tango, Bumble, Grindr, Tinder, Olive, Taimi, but NOT including email), on any government accounts/devices or on personal accounts or devices regarding the conduct of public business, including all participant names, message text, images, attachments, dates, and times, including any in trash or deleted folders or similar (see Good Government Guide - if the records have not been permanently deleted as of the time you receive this request, you must retrieve them from the so-called trash folders and provide them). Provide rolling responses. Provide exact copies including all metadata. There is no limitation by subject or date. If the total pages to produce numbers over 500, inform me of the rough dates, employees involved, and subject matter, and I may be willing to narrow the initial production, AS LONG AS YOU PRESERVE ALL THE RECORDS.
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.
Your non-exhaustive obligations:
- All withholding of any information must be justified in writing by specific statutory authority (SFAC 67.27).
- Every redaction must be keyed by footnote or by 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 above 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. ******
I look forward to your lawful response.
NOTE: THE EMAIL ADDRESS SENDING THIS REQUEST IS A PUBLICLY-VIEWABLE MAILBOX. Please be certain you have properly redacted all of your responses. Once you send them to us, there is no going back. 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
On December 18th, 2020, the Police Commission Office released responsive documents for Commissioner Taylor.
On December 31st, 2020, the Police Commission Office released responsive documents for Commissioner Brookter and advised you that there were no responsive documents from Commissioner Elias, Commissioner DeJesus, Commissioner Hamasaki or Sgt. Youngblood.
We are writing today to advise you that Commissioner Cohen has no responsive documents.
This is the last portion of your request. Your request is now closed.
Previously responsive records are available via the San Francisco Public Records Center. Click on the link below to view your request. Public Records Request - P020865-120820 (https://u8387795.ct.sendgrid.net/ls/click?upn=nZGH0ylxadMp5hTpNkeAFs2KguIDF883TvKUiL5Czauo89OcQL1XvHpyaOEmJgddBoz8cxbO7RMgLIH9TkIycDEu8hg2c0COMOWTL1-2FjHDY-3DrtVJ_7ZAvuIa3Vku-2FCiNauxXHqK8y9qMQ-2BLRaNhhRx0ZBI4fZp5coHoAzlF2rHLo6qfDmfMwu3Xb3dE4Gc-2F9KFySLlo7n-2BAoa3muTc73cTgHh9DtyVx2jz84Lg3LbQErDsbcTYRRlglKGoOc1LptAmVYQ-2Bj9YKGIQnFG2SwN87Z69iIqCsHq8F5-2B-2BspJplb0NtDqfrAC8UWTZVsTG2EBkjcegrZf-2Fo4IqPaAGXTn-2F8iTEjUdhsdchN78caGGeSG0o1mHWMJ3KLFpBgGehcBu2wNk9LR6Jlpfnu1fIQRx-2FhAmUUcNAdET2THjaRyoj4wH2Wq85sDlirv2RntI27wXNgg3vrqo5fed0YQ9VvjHKehtBcx1vNPDOJB7W-2F-2FRrqxBhMQzomppBD3usgOEWanp328hcAg-3D-3D)
If you have any questions, please contact the Commission Office at 415-837-7070.
Sincerely,
Sergeant Stacy Youngblood
Officer in Charge
Police Commission Office
To monitor the progress or update this request please log into the SFPD Public Records Center. (https://u8387795.ct.sendgrid.net/ls/click?upn=nZGH0ylxadMp5hTpNkeAFs2KguIDF883TvKUiL5Czauo89OcQL1XvHpyaOEmJgddHZionDPZxe8o-2F99A9Uuw22a5Vhi6S4ChnWb-2Fet58Lcf7C-2FwBVF4pI1KV9AgaKZlOBrW__7ZAvuIa3Vku-2FCiNauxXHqK8y9qMQ-2BLRaNhhRx0ZBI4fZp5coHoAzlF2rHLo6qfDmfMwu3Xb3dE4Gc-2F9KFySLlo7n-2BAoa3muTc73cTgHh9DtyVx2jz84Lg3LbQErDsbcTYRRlglKGoOc1LptAmVYQ-2Bj9YKGIQnFG2SwN87Z69iIqCsHq8F5-2B-2BspJplb0NtDqfrAC8UWTZVsTG2EBkjcegrZf-2Fo4IqPaAGXTn-2F8iTEjUdhsdchN78caGGeSG0o1mHWSJ-2B8ll-2Femq8Xbee19kekClyRJS4LThE81UIKCt-2BYK5sxnUaj1pucnSZMkmUuNijKvIppB98VGjxiqPSYATMxmZpN2Rr7-2FzC9QsWxIXOsMbErnhDw4WfwHzKrAYJPujPMLtEXXntHpWvQ6P06GBRsug-3D-3D)
This is an auto-generated email and has originated from an unmonitored email account. Please DO NOT REPLY.
From: twitter.com/journo_anon Public Records Requester
Thanks so much for your help with this request! I really appreciate it.
--Anonymous
From: San Francisco Police Commission
January 04, 2021
Via email requests@muckrock.com
Anonymous
San Francisco, CA
RE: Public Records Request, dated December 08, 2020, Reference # P020865-120820
Dear Anonymous:
The San Francisco Police Commission (Commission) received your Public Records Act request, dated December 08, 2020.
You requested, "San Francisco Police Commission
PRA Office
1245 3rd Street
San Francisco, CA 94158
December 8, 2020
To San Francisco Police Commission and its Commissioners:
** DO NOT DESTROY ANY RESPONSIVE RECORDS. YOU MUST PRESERVE AND ORDER YOUR EMPLOYEES TO PRESERVE RECORDS DURING THE PENDENCY OF ALL APPEALS. WE WILL APPEAL ALL REDACTIONS OR WITHHOLDINGS. ** Immediate Disclosure Request.
Every department head/elected official must preserve and maintain all correspondence in a professional and businesslike manner (SFAC 67.29-7(a)) and also separately must comply with retention policies (SFAC 67.29-1). Note that if your retention policies do not retain text messages, I will argue before the SOTF and court that this is a failure to maintain **all correspondence** in a professional and businesslike manner.
Relevant precedent: SOTF 19098 - Anonymous v SFPD. Unanimous finding of violation for unlawfully withholding text message metadata (including the to/from/etc. - note SFPD had provided the dates and times, and you must as well), and also for unlawfully printing and scanning electronic records which does not constitute a "copy" of an electronic record.
See also prior rulings in my favor in SOTF 19044, 19047, 19091, 19098, 19103, and 19108 which ruled against the City for email, text messages, past and future calendar entries, meeting details, electronic metadata, and attachments.
The Mayor's Office appears to have destroyed their copies of certain text messages. I'd be happy to get them from her, if she preserved every record. Alas she did not, therefore we must now conduct a universal search of the City. You cannot refer me to another department unless you search and determine that you have no copies in your department. If this is causing more work for you, ask your Mayor to stop destroying her public records.
Note there are many anonymous requesters using MuckRock - I am just one of them. If you previously produced some subset of these records to a MuckRock email address, please reference that prior response so you do not duplicate work. If I am unable to get the prior MuckRock response because it is someone else's and they have marked it private, you will however need to provide me a copy here as well.
1. This is an immediate disclosure request for text, chat, or instant messages between Malia Cohen and either Sean Elsbernd, Andrea Bruss, London Breed, Harlan Kelly, Jr., Naomi Kelly, Hank Heckel, or Walter Wong, including all group messages, and all messages in threads, in any form and any app (including, but not limited to, SMS, MMS, text, iMessage, Teams, Discord, WeChat, QQ, Signal, Telegram, WhatsApp, Facebook, Facebook Messenger, Twitter, Instagram, Hangouts, Meet, Slack, Skype, Viber, Snapchat, Line, Kik, FaceTime, Wickr Me, Chatroulette, Threema, KakaoTalk, Duo, GroupMe, Wire, Voxer, Allo, Tango, Bumble, Grindr, Tinder, Olive, Taimi, but NOT including email), on any government accounts/devices or on personal accounts or devices regarding the conduct of public business, including all participant names, message text, images, attachments, dates, and times, including any in trash or deleted folders or similar (see Good Government Guide - if the records have not been permanently deleted as of the time you receive this request, you must retrieve them from the so-called trash folders and provide them). Provide rolling responses. Provide exact copies including all metadata. There is no limitation by subject or date. If the total pages to produce numbers over 500, inform me of the rough dates, employees involved, and subject matter, and I may be willing to narrow the initial production, AS LONG AS YOU PRESERVE ALL THE RECORDS. See attached image.
2. This is a regular records request for text, chat, or instant messages between any other Commissioner and either Sean Elsbernd, Andrea Bruss, London Breed, Harlan Kelly, Jr., Naomi Kelly, Hank Heckel, or Walter Wong, including all group messages, and all messages in threads, in any form and any app (including, but not limited to, SMS, MMS, text, iMessage, Teams, Discord, WeChat, QQ, Signal, Telegram, WhatsApp, Facebook, Facebook Messenger, Twitter, Instagram, Hangouts, Meet, Slack, Skype, Viber, Snapchat, Line, Kik, FaceTime, Wickr Me, Chatroulette, Threema, KakaoTalk, Duo, GroupMe, Wire, Voxer, Allo, Tango, Bumble, Grindr, Tinder, Olive, Taimi, but NOT including email), on any government accounts/devices or on personal accounts or devices regarding the conduct of public business, including all participant names, message text, images, attachments, dates, and times, including any in trash or deleted folders or similar (see Good Government Guide - if the records have not been permanently deleted as of the time you receive this request, you must retrieve them from the so-called trash folders and provide them). Provide rolling responses. Provide exact copies including all metadata. There is no limitation by subject or date. If the total pages to produce numbers over 500, inform me of the rough dates, employees involved, and subject matter, and I may be willing to narrow the initial production, AS LONG AS YOU PRESERVE ALL THE RECORDS.
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.
Your non-exhaustive obligations:
- All withholding of any information must be justified in writing by specific statutory authority (SFAC 67.27).
- Every redaction must be keyed by footnote or by 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 above 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. ******
I look forward to your lawful response.
NOTE: THE EMAIL ADDRESS SENDING THIS REQUEST IS A PUBLICLY-VIEWABLE MAILBOX. Please be certain you have properly redacted all of your responses. Once you send them to us, there is no going back. 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"
On December 18th, 2020, the Police Commission Office released responsive documents for Commissioner Taylor.
On December 31st, 2020, the Police Commission Office released responsive documents for Commissioner Brookter and advised you that there were no responsive documents from Commissioner Elias, Commissioner DeJesus, Commissioner Hamasaki or Sgt. Youngblood.
We are writing today to advise you that Commissioner Cohen has no responsive documents.
This is the last portion of your request. Your request is now closed.
Previously responsive records are available via the San Francisco Public Records Center. Click on the link below to view your request.
Public Records Request - P020865-120820<https://sanfranciscopd.mycusthelp.com/WEBAPP/_rs/CustomerHome.aspx>
If you have any questions, please contact the Commission Office at 415-837-7070.
Sincerely,
Sergeant Stacy Youngblood
Officer in Charge
Police Commission Office
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