Untitled

Louise Matsakis filed this request with the Department of Public Health of San Francisco, CA.
Tracking #

20-3020

Status
Rejected

Communications

From: Louise Matsakis


To Whom It May Concern:

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

All electronic communications, including attachments, sent to and received from employees of Color, created on or after June 1, 2020, through today's date.

Email: All DPH staff

Keywords: "@color.com"

Timeframe: 6/1/2020-8/4/2020

WIRED has been a leading publication covering technology and science for more than 25 years, and this request is being made for newsgathering purposes. As such, I request that any fees that might normally be assessed be waived in the public interest. The requested documents will be made available to the general public.

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,

Louise Matsakis

From: Department of Public Health

City and County of San Francisco

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Hi there

Your first City and County of San Francisco record request (request number #20-3020) has been submitted.
It is currently unpublished and is not available for the general public to view.

Request #20-3020.

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From: Department of Public Health

City and County of San Francisco

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Hi there

A message was sent to you regarding record request #20-3020:

We are acknowledging your Public Records request that we received. In light of the global coronavirus pandemic, including declared State and local San Francisco emergencies, this effort will involve use of scarce public resources. City staff are currently deployed to perform emergency services and/or may be working remotely without access to the records that need review.

Therefore, this is to advise that due to and during the emergency, DPH’s document production may be slower than during the ordinary course of business. DPH will use its best efforts to produce responsive non-exempt records as quickly as possible and will produce records on an incremental or rolling basis. This complies with the common law rule of reason applicable to public records act responses.  (Bruce v. Gregory (1967) 65 Cal.2d 666, 673; Rosenthal v. Hansen (1973) 34 Cal.App.3d 754 (applying rule of reason).)

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From: Department of Public Health

City and County of San Francisco

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Hi there

A message was sent to you regarding record request #20-3020:

Dear Requestion:

This letter responds to your Sunshine request for communications associated with DPH and Color. You are seeking all electronic communications sent to and received from employees of Color between 6/1/2020 and 8/4/2020.

 

This request is highly burdensome given the existence of around 13,000 emails and the fact that such emails likely contain privileged communications as well as patient-related information, neither of which are subject to disclosure.  Each item must be reviewed to eliminate information protected by the constitutional right to privacy, the attorney client privilege or some other legal basis for nondisclosure.  Therefore, in order to satisfy your request, DPH would need to examine each and every message and either redact or exclude items not subject to disclosure. 

 

It will take a great amount of time to review such communications, and in light of the current pandemic and local health emergency these broad requests will take a great deal of time to process.   This effort will be time-consuming and unnecessarily involve use of scarce public resources.  Therefore, we are requesting that you more narrowly tailor your request so we can identify and produce responsive documents with minimum of staff time.  We are making the above request under Sunshine Ordinance Section 67.25 (c), which entitles the City to inquire as to a requestor's purpose in order to "suggest alternative sources for the information which may involve less redaction or to otherwise prepare a response to the request."  Moreover, the Public Records Act and the Sunshine Ordinance do not require this office to engage in a burdensome and meaningless exercise to produce entire files without limitation.  As stated in the "Good Government Guide" issued by the City Attorney:  "The law does not generally allow a requester to look indiscriminately through a department’s files where such files are not otherwise made available on a self-service basis to members of the public."  (2019 edition, at p. 90.)  Such is the case here in relation to these records and your requests. 

 

If you can provide any concepts or terms that can help narrow the search and review, such as the name of an entity or person or a concept or term, or narrow the timeframe at issue, it will help facilitate the review.  We would prefer to work with you to get you responsive records in a reasonable manner. 

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From: Louise Matsakis

Hi Linda,

Thanks for your help with this! Could we narrow the request to records related to "CityTestSF" in the same timeframe?

Greg

From: Department of Public Health

City and County of San Francisco

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Hi there

Record request #20-3020 has been closed. The closure reason supplied was:

We did not hear back from you when we asked for more clarification about your request. Since we are unable to conduct a diligent search for responsive records without your guidance, we consider your request closed. If you are still interested in your request, you are welcome to submit a new request with more details at any time here: https://sanfrancisco.nextrequest.com/requests/new

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Files

There are no files associated with this request.