Text Messages / Walter Wong and others - Immediate Disclosure Request

Anonymous Person filed this request with the Office of the Mayor of San Francisco, CA.
Due July 27, 2020
Est. Completion None
Status
Awaiting Response
Tags

Communications

From: Anonymous Person

MASON LEE:

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.

Below are new Immediate Disclosure Requests (SF Admin Code 67.25(a)) directed to your agency and its department head.
Your initial response is required by Feb 20, 2020. Rolling records responses are requested (SFAC 67.25(d)) if you are unable to immediately produce records.
Exact copies of every responsive record are requested (Gov Code 6253(b)) - do not: provide mere URLs, 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 by specific statutory authority (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/chat messages (of any form or application, including all attachments/images) public records on government or personal accounts between Mason Lee and any of Walter Wong, Harlan Wong, Melanie Lok, Irene Lok, Washington Wong, Florence Kong, Michael Tracy, Rudolph Dwayne Jones (Dwayne Jones), Dionjay Brookter, or Harlan Kelly Jr. for all time frames.

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

Sincerely,
Anonymous

From: Anonymous Person

LONDON BREED and OFFICE OF THE MAYOR:

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.

Below are new Immediate Disclosure Requests (SF Admin Code 67.25(a)) directed to your agency and its department head.
Your initial response is required by Feb 20, 2020. Rolling records responses are requested (SFAC 67.25(d)) if you are unable to immediately produce records.
Exact copies of every responsive record are requested (Gov Code 6253(b)) - do not: provide mere URLs, 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 by specific statutory authority (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/chat messages on government or personal accounts between London Breed and any of Walter Wong, Harlan Wong, Melanie Lok, Irene Lok, Washington Wong, Florence Kong, Michael Tracy, Rudolph Dwayne Jones (Dwayne Jones), Dionjay Brookter, Harlan Kelly Jr., SFPD Chief William Scott, Jeff Kositsky, Sean Elsbernd, Mohammad Nuru, Alaric Degrafinried, Mary Ellen Carroll, Abigail Stewart-Khan, Sophia Kittler, or Mason Lee - for all time frames - in any form or application, including all attachments/images, and including any group messages with add'l parties.

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

Sincerely,
Anonymous

From: Office of the Mayor

Anonymous,

Please see the attached text communications responsive to your request below. Please note that information unrelated to city business has been redacted to protect personal privacy. See Cal. Govt. Code Secs. 6254(c), California Constitution, Art. I, Sec. 1.

We have no other responsive records to produce.
Regards,

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

From: Anonymous Person

Thanks. Remember the request asked for all attachments/images. A black and white print and scan is not a copy of the original record for either of the images/attachments.
As with the WhatsApp dispute earlier ( to which you replied https://www.documentcloud.org/documents/6796301-Revised-Letter-Re-WhatsApp-Files.html ), you need to provide full reproductions of these records.

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

Sincerely,
Anonymous

From: Office of the Mayor

Anonymous,

The Office of the Mayor has received your request below directed to Mason Lee. Please note that we are invoking an extension of time to continue our response and will respond further with responsive documents within 14 days of the original due date. See Government Code § 6253(c) and San Francisco Admin. Code § 67.25(b).

Please send such requests for Mayor's Office staff to the mayorsunshinerequests@sfgov.org<mailto:mayorsunshinerequests@sfgov.org> as you have for all of your other requests, as it makes our process more efficient.
Regards,

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

From: Office of the Mayor

We will have to check if it is feasible to provide such copies.

From: Anonymous Person

London Breed and Office of the Mayor,

Remember you still owe copies of the prior attachments/images. Given you have the record, you should not have destroyed the attachments/images.

Furthermore, this is an immediate disclosure request for the contents of London Breed's trash or deleted items or similar folder for her government and personal email/text/chat messages (including all headers, timestamps, identity of participants, message bodies, metadata, attachments, images, and formatting, in their original electronic format), where any communicating party is another city employee or official or is any of Walter Wong, Harlan Wong, Melanie Lok, Irene Lok, Washington Wong, Florence Kong, Michael Tracy, Rudolph Dwayne Jones (Dwayne Jones), Dionjay Brookter, Harlan Kelly Jr., SFPD Chief William Scott, Jeff Kositsky, Sean Elsbernd, Mohammad Nuru, Alaric Degrafinried, Mary Ellen Carroll, Abigail Stewart-Khan, Sophia Kittler, or Mason Lee. If such records are voluminous feel free to provide a listing of date/party/subject (or similar), and I can narrow the search. Nevertheless, you cannot destroy any records responsive to this request, for example by permanently deleting or emptying the trash.

Note that the City Attorney has opined that these kinds of "deleted" records are public, from the Good Govt Guide:

"Emails that are easily retrievable by the user must be searched in response to a public
records request. This includes emails that have not been deleted; emails that have been put
in the “Deleted Items” folder but have not been emptied from that folder (and hence are
immediately retrievable); and emails that have been deleted and emptied from that folder
but remain immediately retrievable by accessing the computer’s “Recover Deleted Items
From Server” function."

You must recover whatever emails/text/chat messages are recoverable from your local trash/deleted folder and from your servers, if any.

If there are no such records, then you must explicitly indicate so.

YOU MUST PRESERVE AND MUST NOT DESTROY ANY RECORDS CURRENTLY IN YOUR TRASH/DELETED FOLDER - WE WILL APPEAL ALL WITHHOLDINGS.

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

Sincerely,
Anonymous

From: Anonymous Person

London Breed and Office of the Mayor,

Furthermore, this is an immediate disclosure request for the contents of London Breed's trash or deleted items or similar folder for her government and personal email/text/chat messages (including all headers, timestamps, identity of participants, message bodies, metadata, attachments, images, and formatting, in their original electronic format), where any communicating party is another city employee or official or is any of Walter Wong, Harlan Wong, Melanie Lok, Irene Lok, Washington Wong, Florence Kong, Michael Tracy, Rudolph Dwayne Jones (Dwayne Jones), Dionjay Brookter, Harlan Kelly Jr., SFPD Chief William Scott, Jeff Kositsky, Sean Elsbernd, Mohammad Nuru, Alaric Degrafinried, Mary Ellen Carroll, Abigail Stewart-Khan, Sophia Kittler, or Mason Lee. If such records are voluminous feel free to provide a listing of date/party/subject (or similar), and I can narrow the search. Nevertheless, you cannot destroy any records responsive to this request, for example by permanently deleting or emptying the trash.

Note that the City Attorney has opined that these kinds of "deleted" records are public, from the Good Govt Guide:

"Emails that are easily retrievable by the user must be searched in response to a public
records request. This includes emails that have not been deleted; emails that have been put
in the “Deleted Items” folder but have not been emptied from that folder (and hence are
immediately retrievable); and emails that have been deleted and emptied from that folder
but remain immediately retrievable by accessing the computer’s “Recover Deleted Items
From Server” function."

You must recover whatever emails/text/chat messages are recoverable from your local trash/deleted folder and from your servers, if any.

If there are no such records, then you must explicitly indicate so.

YOU MUST PRESERVE AND MUST NOT DESTROY ANY RECORDS CURRENTLY IN YOUR TRASH/DELETED FOLDER - WE WILL APPEAL ALL WITHHOLDINGS.

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

Sincerely,
Anonymous

From: Office of the Mayor


Thank you for your email. Please note my new email address is mayorlondonbreed@sfgov.org<mailto:mayorlondonbreed@sfgov.org>. Please direct your correspondence to this new address.

Please use the following resources are available for your more immediate needs:

If you are writing with a request for non-emergency neighborhood services (such as park repairs, street and sidewalk cleaning, and tree maintenance), or for inquiries regarding the shelter reservation waitlist, please Call 3-1-1. If your request has not been addressed and you would like our office to follow up, please contact the Mayor’s Office of Neighborhood Services at (415) 554-5977 with your confirmation number.

If there is a homeless individual in distress on the street in need of assistance, please contact the SF Homeless Outreach Team (SF HOT) at the following dispatch numbers:

• For all urgent matters: 415-355-7445
(Services include 24/7 urgent/emergent client transportation; transportation to shelter drop-in center or resource center; and client care coordination)
• For non-urgent matters: 415-355-7401
(Services include outreach requests and/or client wellness checks; and client consultation)

**Please note that non-urgent calls to the urgent dispatch lines will be asked to call the non-urgent line so that the urgent medical providers and operators can be available for emergency situations.**

If you wish to make a Request for Public Records or other request under the City’s Sunshine Ordinance, please contact your request to mayorsunshinerequests@sfgov.org. If you are making an immediate disclosure request, please remember to put the words “Immediate Disclosure Request” in the subject line of your e-mail.

For all scheduling inquiries and requests, please contact scheduling@sfgov.org<mailto:scheduling@sfgov.org> with the following information:

• For events: event details and nature of request (speaking, attending, hosting, etc.)
• For meetings: purpose of meeting and meeting attendees

Sincerely,

London N. Breed
Mayor

From: Anonymous Person

London Breed and Office of the Mayor,

Furthermore, this is an immediate disclosure request for the contents of London Breed's trash or deleted items or similar folder for her government and personal email/text/chat messages (including all headers, timestamps, identity of participants, message bodies, metadata, attachments, images, and formatting, in their original electronic format), where any communicating party is another city employee or official or is any of Walter Wong, Harlan Wong, Melanie Lok, Irene Lok, Washington Wong, Florence Kong, Michael Tracy, Rudolph Dwayne Jones (Dwayne Jones), Dionjay Brookter, Harlan Kelly Jr., SFPD Chief William Scott, Jeff Kositsky, Sean Elsbernd, Mohammad Nuru, Alaric Degrafinried, Mary Ellen Carroll, Abigail Stewart-Khan, Sophia Kittler, or Mason Lee. If such records are voluminous feel free to provide a listing of date/party/subject (or similar), and I can narrow the search. Nevertheless, you cannot destroy any records responsive to this request, for example by permanently deleting or emptying the trash.

Note that the City Attorney has opined that these kinds of "deleted" records are public, from the Good Govt Guide:

"Emails that are easily retrievable by the user must be searched in response to a public
records request. This includes emails that have not been deleted; emails that have been put
in the “Deleted Items” folder but have not been emptied from that folder (and hence are
immediately retrievable); and emails that have been deleted and emptied from that folder
but remain immediately retrievable by accessing the computer’s “Recover Deleted Items
From Server” function."

You must recover whatever emails/text/chat messages are recoverable from your local trash/deleted folder and from your servers, if any.

If there are no such records, then you must explicitly indicate so.

YOU MUST PRESERVE AND MUST NOT DESTROY ANY RECORDS CURRENTLY IN YOUR TRASH/DELETED FOLDER - WE WILL APPEAL ALL WITHHOLDINGS.

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

Sincerely,
Anonymous

From: Office of the Mayor

Anonymous,

We have received your request and we are looking into it. Please note that immediate disclosure requests remain suspended under the COVID-19 emergency orders (see attached). We will further respond by August 17.
Regards,

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

  • Second SupplementalDeclaration2_03132020_stamped (003) (004)

From: Anonymous Person

Thank you - have you produced the images and attachments from the last Nuru-Breed records?

From: Anonymous Person

Sean Elsbernd and Office of the Mayor,

Furthermore, this is an immediate disclosure request for the contents of Sean Elsbernd's trash or deleted items or similar folder for their government and personal email/text/chat messages accounts (including all headers, timestamps, identity of participants, message bodies, metadata, attachments, images, and formatting, in their original electronic format), where any communicating party is another city employee or official or is any of Walter Wong, Harlan Wong, Melanie Lok, Irene Lok, Washington Wong, Florence Kong, Michael Tracy, Rudolph Dwayne Jones (Dwayne Jones), Dionjay Brookter, Harlan Kelly Jr., SFPD Chief William Scott, Jeff Kositsky, Mohammad Nuru, Alaric Degrafinried, Mary Ellen Carroll, Abigail Stewart-Khan, Sophia Kittler, London Breed, or Mason Lee. If such records are voluminous feel free to provide a listing of date/party/subject (or similar), and I can narrow the search. Nevertheless, you cannot destroy any records responsive to this request, for example by permanently deleting or emptying the trash.

Note that the City Attorney has opined that these kinds of "deleted" records are public, from the Good Govt Guide:

"Emails that are easily retrievable by the user must be searched in response to a public records request. This includes emails that have not been deleted; emails that have been put in the “Deleted Items” folder but have not been emptied from that folder (and hence are immediately retrievable); and emails that have been deleted and emptied from that folder but remain immediately retrievable by accessing the computer’s “Recover Deleted Items From Server” function."

You must recover whatever emails/text/chat messages are recoverable from your local trash/deleted folder and from your servers, if any.

If there are no such records, then you must explicitly indicate so.

YOU MUST PRESERVE AND MUST NOT DESTROY ANY RECORDS CURRENTLY IN YOUR TRASH/DELETED FOLDER - WE WILL APPEAL ALL WITHHOLDINGS.

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

Sincerely,
Anonymous

From: Anonymous Person

Sean Elsbernd and Office of the Mayor,

Furthermore, this is an immediate disclosure request for the contents of Sean Elsbernd's trash or deleted items or similar folder for their government and personal email/text/chat messages accounts (including all headers, timestamps, identity of participants, message bodies, metadata, attachments, images, and formatting, in their original electronic format), where any communicating party is another city employee or official or is any of Walter Wong, Harlan Wong, Melanie Lok, Irene Lok, Washington Wong, Florence Kong, Michael Tracy, Rudolph Dwayne Jones (Dwayne Jones), Dionjay Brookter, Harlan Kelly Jr., SFPD Chief William Scott, Jeff Kositsky, Mohammad Nuru, Alaric Degrafinried, Mary Ellen Carroll, Abigail Stewart-Khan, Sophia Kittler, London Breed, or Mason Lee. If such records are voluminous feel free to provide a listing of date/party/subject (or similar), and I can narrow the search. Nevertheless, you cannot destroy any records responsive to this request, for example by permanently deleting or emptying the trash.

Note that the City Attorney has opined that these kinds of "deleted" records are public, from the Good Govt Guide:

"Emails that are easily retrievable by the user must be searched in response to a public records request. This includes emails that have not been deleted; emails that have been put in the “Deleted Items” folder but have not been emptied from that folder (and hence are immediately retrievable); and emails that have been deleted and emptied from that folder but remain immediately retrievable by accessing the computer’s “Recover Deleted Items From Server” function."

You must recover whatever emails/text/chat messages are recoverable from your local trash/deleted folder and from your servers, if any.

If there are no such records, then you must explicitly indicate so.

YOU MUST PRESERVE AND MUST NOT DESTROY ANY RECORDS CURRENTLY IN YOUR TRASH/DELETED FOLDER - WE WILL APPEAL ALL WITHHOLDINGS.

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

Sincerely,
Anonymous

From: Office of the Mayor

Anonymous,

We have performed a search regarding the requested records of Sean Elsbernd. We have no responsive records to provide.
Regards,

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

From: Anonymous Person

Thank you. I look forward to the Mayor's responses as well.

From: Anonymous Person

Please note, for both the Mayor and Elsbernd, deleted messages may be stored, if they use iMessage/Messages/iPhone, on their iCloud account and/or on computer that they sync their iPhone to using iTunes. If they use Android, SMS/MMS messages may be backed up to their Google account, including Google Drive.

Please ensure you search these locations, including for Elsbernd if you did not do so previously.

To avoid any doubt, I'll issue this further request:

Furthermore, this is an immediate disclosure request for the contents of Sean Elsbernd's and London Breed's trash or deleted items or similar folder for their government and personal email/text/chat messages accounts **AND for the text/chat messages backed-up in their Apple/iCloud account, Google/Google Drive account, or iTunes/Messages computer app for their government and personal email/text/chat messages accounts** (including all headers, timestamps, identity of participants, message bodies, metadata, attachments, images, and formatting, in their original electronic format), where any communicating party is another city employee or official or is any of Walter Wong, Harlan Wong, Melanie Lok, Irene Lok, Washington Wong, Florence Kong, Michael Tracy, Rudolph Dwayne Jones (Dwayne Jones), Dionjay Brookter, Harlan Kelly Jr., SFPD Chief William Scott, Jeff Kositsky, Mohammad Nuru, Alaric Degrafinried, Mary Ellen Carroll, Abigail Stewart-Khan, Sophia Kittler, London Breed, Sean Elsbernd, or Mason Lee.

If such records are voluminous feel free to provide a listing of date/party/subject (or similar), and I can narrow the search. Nevertheless, you cannot destroy any records responsive to this request, for example by permanently deleting or emptying the trash.

Note that the City Attorney has opined that these kinds of "deleted" records are public, from the Good Govt Guide:

"Emails that are easily retrievable by the user must be searched in response to a public records request. This includes emails that have not been deleted; emails that have been put in the “Deleted Items” folder but have not been emptied from that folder (and hence are immediately retrievable); and emails that have been deleted and emptied from that folder but remain immediately retrievable by accessing the computer’s “Recover Deleted Items From Server” function."

You must recover whatever emails/text/chat messages are recoverable from your local trash/deleted folder and from your servers, if any.

If there are no such records, then you must explicitly indicate so.

YOU MUST PRESERVE AND MUST NOT DESTROY ANY RECORDS CURRENTLY IN YOUR TRASH/DELETED/BACKUP FOLDERS - WE WILL APPEAL ALL WITHHOLDINGS.

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

Sincerely,
Anonymous

Files

pages

Close