Text Messages & Chat (SFPW & SFDHR) - Immediate Disclosure Request (Department of Public Works)

Sunshine Onyou filed this request with the Department of Public Works of San Francisco, CA.
Tracking #

21-4259

Multi Request Text Messages & Chat (SFPW & SFDHR) - Immediate Disclosure Request
Est. Completion Aug. 23, 2021
Status
No Responsive Documents

Communications

From: Sunshine Onyou

To Whom It May Concern:

Pursuant to the California Public Records Act, I hereby request the following records:

Below are new Immediate Disclosure Requests (SF Admin Code 67.25(a)) directed to your agency and its department head. Your response is required by August 22, 2021. Rolling records responses are requested (SFAC 67.25(d)) if you are unable to immediately produce records. Exact copies of every responsive record are requested (Gov Code 6253(b)) - do not: provide mere URLs, print and scan electronic records, convert native files to PDFs, or provide black and white versions of any color record. Provide only copies of records not requiring fees and in-person inspection of all other records (GC 6253).

Your non-exhaustive obligations:
- All withholding of any information must be justified in writing (SFAC 67.27).
- All withholdings by masking or deletion (aka redactions) must be keyed by footnote or other clear reference to the specific justification for that redaction, and only the minimal exempt portion of any record may be withheld (SFAC 67.26).
- You must respond to emailed requests (SFAC 67.21(b)).
- You must notify us of whether or not responsive records exist and/or were withheld for each below request (Gov Code 6253(c), 6255(b)).
- You must state the name and title of each person responsible for withholding any information (Gov Code 6253(d)).
- Do not impose any end-user restrictions upon me (Santa Clara Co. vs Superior Ct, 170 Cal.App 4th 1301); so if you use a third-party website to publish records, please make them completely public without any login or sign-in.

Your agency must do all of the above things in your response, and you cannot wait until we file complaints.

****** We have no duty to, and we will not again, remind the City of its obligations. Instead, we will file complaints for every Sunshine Ordinance or CPRA violation. We will continue to file complaints until the City's procedures are modified to fully comply with the Sunshine Ordinance and CPRA, without caveat or exception. ******

1. All text or chat messages in any form or application (SMS, MMS, WhatsApp, WeChat, Signal, Instagram, Twitter, Facebook, Hangouts, Skype, Teams) sent by Carol Isen to Alaric Degranfinried OR sent by Alaric Degranfinried to Carol Isen, timestamps between March 2, 2020 and December 31, 2020 (inclusive), including a personal search under City of San Jose vs Superior Court (2017). Please also include any group messages where more than Carol Isen and Alaric Degranfinried are on the message. While the phone numbers are not needed, the following must be preserved: the timestamps, the textual content, attachments, and images, and also ALL sender and recipient names (including groups). Pursuant to SF Admin Code 67.21(l), please provide a spreadsheet format or if you will use PDF, do not print and scan.

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

Thank you for your anticipated cooperation in this matter.

NOTE: Please be certain you have properly redacted all of your responses. Once you send them to us, there is no going back. The email address sending this request is a publicly- viewable mailbox. All of your responses (including all responsive records) may be instantly and automatically available to the public online via the MuckRock.com FOIA service used to issue this request (though the requester is an anonymous user, not a representative of MuckRock). Nothing herein is legal, IT, or professional advice of any kind. The author disclaims all warranties, express or implied, including but not limited to all warranties of merchantability or fitness. In no event shall the author be liable for any special, direct, indirect, consequential, or any other damages whatsoever. The digital signature, if any, in this email is not an indication of a binding agreement or offer; it merely authenticates the sender. Please do not include any confidential information, as I intend that these communications with the City all be disclosable public records.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 calendar days, as the statute requires.

Sincerely,

Sunshine Onyou

From: Department of Public Works

City and County of San Francisco

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Hi there

Your record request #21-4259 has been submitted. You can see it anytime at the link below.

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From: Department of Public Works

City and County of San Francisco

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Hi there

A message was sent to you regarding record request #21-4259:

We received your public records request, dated Aug. 12, on Aug. 13. Public records requests received after the close of business, or received on a weekend or holiday, are considered received on the next business day. You have requested the following records:

All text or chat messages in any form or application (SMS, MMS, WhatsApp, WeChat, Signal, Instagram, Twitter, Facebook, Hangouts, Skype, Teams) sent by Carol Isen to Alaric Degranfinried OR sent by Alaric Degranfinried to Carol Isen, timestamps between March 2, 2020 and December 31, 2020 (inclusive), including a personal search under City of San Jose vs Superior Court (2017)

Our department will identify and compile the requested information. The Sunshine Ordinance requires departments to respond as soon as possible or within 10 calendar days from receipt of any records requests. Therefore, we will contact you on or before Aug. 23, as permitted by San Francisco Administrative Code § 67.21(b) and California Government Code § 6253(c). Please note that during the current public health emergency, the department is not required to provide copies of records by this deadline but must notify the requester whether the records exist.

It is not necessary to create a NextRequest account to view responsive records. Once they have been released, a link, valid for 30 days, will be provided to view the records. Additionally, unless privacy concerns prevent it, Public Works makes all records requests visible to the public. You may search for requests at https://sanfrancisco.nextrequest.com/

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From: Department of Public Works

City and County of San Francisco

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Hi there

A message was sent to you regarding record request #21-4259:

As a follow-up, please note that pursuant to Mayor London Breed's Proclamation dated March 13, 2020, Sections 67.25(a) and 67.25(b) of the Administrative Code are suspended for the duration of the local emergency. 

For this reason, we are treating your Immediate Disclosure Request as a standard public records request, subject to the normally applicable 10-day response time, with a possible extension. Our department will identify and compile the requested information. The Sunshine Ordinance requires departments to respond as soon as possible or within 10 calendar days from receipt of any records requests.

Regards,

David A. Steinberg

Custodian of Records

San Francisco Public Works

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From: Department of Public Works

City and County of San Francisco

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Hi there

Record request #21-4259 has been closed and published. The closure reason supplied was:

We have finished conducting a diligent search and found no documents responsive to your request.

The Public Records Act requires an agency to make available to any person a copy of an “identifiable record or records” in its possession, unless the record is specifically exempt from disclosure. (Please see California Government Code § 6253(b).) The City’s obligation under the Sunshine Ordinance, like the Public Records Act, is to produce public records in its custody. (See San Francisco Administration Code § 67.20(b).) There is no requirement that a department or officer construct a document to meet the specifications of the request.

We now consider your request closed.

 

Regards,

David A. Steinberg

Custodian of Records

San Francisco Public Works

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From: Sunshine Onyou

Dear Custodian of Records,
Documents responsive to this requests have been disclosed and released under record request #21-3438, so we know there are in fact responsive documents. We will file a complaint if you continue to conceal, deny, or withhold documents in violation of the law. As a reminder,
Your non-exhaustive obligations:
- All withholding of any information must be justified in writing (SFAC 67.27).
- All withholdings by masking or deletion (aka redactions) must be keyed by footnote or other clear reference to the specific justification for that redaction, and only the minimal exempt portion of any record may be withheld (SFAC 67.26).
- You must respond to emailed requests (SFAC 67.21(b)).
- You must notify us of whether or not responsive records exist and/or were withheld for each below request (Gov Code 6253(c), 6255(b)).
- You must state the name and title of each person responsible for withholding any information (Gov Code 6253(d)).
- Do not impose any end-user restrictions upon me (Santa Clara Co. vs Superior Ct, 170 Cal.App 4th 1301); so if you use a third-party website to publish records, please make them completely public without any login or sign-in.

From: Department of Public Works

City and County of San Francisco

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Hi there

A message was sent to you regarding record request #21-4259:

If records were previously released in response to a different request, you can view them at the link you cited. We conducted a search of all devices and systems available to us and released all responsive records. Records that were previously released under a now-closed request may have been deleted either by users or automatically under the Department of Technology's retention policy.

We have no further records to release to you at this time.

Regards,

David A. Steinberg

Custodian of Records

San Francisco Public Works

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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City and County of San Francisco.<br></br><em>Technical support:</em> See our <a href='https://www.nextrequest.com/support'>help page</a>

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