|Submitted||Dec. 2, 2020|
MuckRock users can file, duplicate, track, and share public records requests like this one. Learn more.
Michael Carlin ("RESPONDENT") and PUC:
*** DO NOT DESTROY ANY RESPONSIVE RECORDS. WE WILL APPEAL ALL WITHHOLDINGS. ***
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 Dec 3, 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 images. Provide only copies of records not requiring fees and in-person inspection of all other records (GC 6253).
This request concerns UNITED STATES v. HARLAN KELLY, JR, but you must produce records
1. All text, email, or chat messages (including group messages, in any form or application including but not limited to SMS, MMS, WhatsApp, WeChat, Signal, Instagram, Twitter, Facebook, Hangouts, Skype, Teams) sent or received to/cc/bcc/from between RESPONDENT and Walter Wong/Jaidin Consulting Group/Jaidin Associates (including but not limited to firstname.lastname@example.org, email@example.com, or any email address ending with jaidin.net ), on government or personal accounts from any time frame (you must search personal accounts pursuant to City of San Jose v Superior Court (2017))
2. All text, email, or chat messages (including group messages, in any form or application including but not limited to SMS, MMS, WhatsApp, WeChat, Signal, Instagram, Twitter, Facebook, Hangouts, Skype, Teams) sent or received to/cc/bcc/from between RESPONDENT and Mohammed Nuru, on government or personal accounts from any time frame (you must search personal accounts pursuant to City of San Jose v Superior Court (2017))
3. All text, email, or chat messages (including group messages, in any form or application including but not limited to SMS, MMS, WhatsApp, WeChat, Signal, Instagram, Twitter, Facebook, Hangouts, Skype, Teams) sent or received to/cc/bcc/from between RESPONDENT and Harlan Kelly, Jr., on government or personal accounts from any time frame (you must search personal accounts pursuant to City of San Jose v Superior Court (2017))
For text messages: 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), which requires you to use any electronic format that we request, please provide the records in spreadsheet format. For an example of the format of the response, see SFPD Chief Scott's prior response here: https://cdn.muckrock.com/foia_files/2020/04/14/Text_Messages_Breed_Scott_Redacted.pdf and clearly referenced redaction justifications here: https://cdn.muckrock.com/foia_files/2020/04/14/ChiefOfficeResponse201.pdf (though I do not concede all of them are appropriate redactions) .
Please provide rolling responses, starting with the most recent records going backwards. Messages to/from before your current department head became the department head must still be provided.
Do not destroy or discard any responsive records - we will appeal all withholdings or Sunshine violations.
Remember Mr. CARLIN has an obligation to maintain in a professional and businesslike manner all correspondence and release them as public records (SF Admin Code 67.29-7(a)); and we will cross-check your responses with all other parties to ensure you have not destroyed or withheld records improperly.
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 like NextRequest 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. ******
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.
Thank you for your public records request. We are in receipt of your request dated December 2, 2020. As explained in the attached memo<https://www.sfwater.org/modules/ShowDocument.aspx?documentID=15142>, per the emergency orders of the Mayor, the provisions of the Sunshine Ordinance relating to immediate disclosure requests have been temporarily suspended for the duration of the local emergency. We will provide our initial response to you on or before December 14, 2020, in accordance with those Mayoral orders and the California Public Records Act.
We are conducting a diligent search for records, and we have determined that we may have records responsive to your request. Please note that the SFPUC reserves the right to invoke one or more exemptions to the disclosure of records, as applicable.
Finally, the SFPUC estimates that it will be able to provide a full response to your request on or before March 26, 2021. Please be advised that the SFPUC reserves the right to further extend this timeline due to the voluminous amount of records that might be located.
SFPUC Public Records
If you refuse to provide any records in a rolling fashion by 24 days after the request date, a complaint for unreasonable delay will be filed.
Have a good day.
We continue to conduct a diligent search for records responsive to your request. We have located responsive records, which are attached. Due to the need to continue searching and your request to release records on a rolling basis, we will send any additional responsive records (if any) as soon as reasonably possible on an incremental or rolling basis.
SFPUC Public Records
Please release the documents PUC previously released at the following specific 5 URLs via NextRequest or some other permanent way.
It is impossible to keep track of them when they keep expiring, and I can't file proper appeals.
The SFPUC has identified additional records responsive to your request. The responsive records are available to you at this link: https://sfpuc.sharefile.com/d-sd5344a3e2e014af3b064c0c817d15385. Due to the need to continue searching and reviewing responsive records, we will produce any additional responsive records as soon as reasonably possible on an incremental or rolling basis.
Please note that we have redacted personal phone numbers from record "Mail(49)_Redacted" and "RE_ The State of the Ocean Beach Master Plan So..._Redacted" the disclosure of which would constitute an unwarranted invasion of personal privacy. These redactions are based on California Constitution, Article I, section 1, California Government Code Section 6254(k), and California Government Code Section 6254(c).
Further, we have redacted certain information in the record "Fwd_ Safety at San Francisco PUC Wastewater_Redacted" because this record contains information the disclosure of which would constitute an unwarranted invasion of personal privacy. Specifically, we have redacted personal email addresses, disaster service worker ("DSW") numbers, personal phone numbers, and residential addresses, and information that may reveal the identity of a confidential informant, based on the California Constitution, article I, section 1, and California Government Code section 6254(c). These provisions guard against disclosure of information that would invade personal privacy.
Finally, please note that we have redacted Disaster Service Worker ("DSW") numbers from the records "Fwd_ Safety at San Francisco PUC Wastewater_Redacted" and "FW_ The SFPUC's Response to May 11th Email Enti..._Attachment_Redacted" because this information is exempt from disclosure under the official information privilege exemption of the Public Records Act. DSW numbers are used to coordinate emergency responses within the City and their disclosure may impede the City's ability to respond to disasters. DSW numbers constitute information acquired in confidence by a public employee in the course of his or her duty and are not disclosed to the public, and the SFPUC has determined that disclosure of this information is against the public interest because there is a necessity for preserving the confidentiality of this information that outweighs the interest in disclosure. (Evid. Code § 1040; Gov. Code § 6254(k) (exempting from disclosure records "the disclosure of which is exempted or prohibited pursuant to federal or state law, including, but not limited to, provisions of the Evidence Code relating to privilege").)
Mayara Ruski Augusto Sa
SFPUC Public Records Senior Analyst
We are writing in response to your March 9, 2021 message. Please note that the links previously shared with you have expired and we were unable to reactivate them. The responsive records are now available at the following link: https://sfpuc.sharefile.com/d-s82466a7d6fff4ccb8d8b625cbb1de980.
With regard to the folder titled "texts [161-219]," please note that the record "Harlan Kelly Text Messages - Redacted Jan 29 2021_175-219" contains the text exchanges between Harlan Kelly Jr. and Walter Wong provided to you on February 22, 2021. As previously noted, we have redacted several portions of the text exchange the disclosure of which would constitute an unwarranted invasion of personal privacy, such as discussions of family illnesses, children, and personal residential addresses or personal cell phone numbers, and a reference to a personnel matter. See Cal. Const., Art. I, § 1; Cal. Gov. Code § 6254(c),(k); S.F. Admin. Code § 67.1(g). We have also redacted the text message on page 1, dated January 1, 2015, because it does not contain information relating to the conduct of the public's business and therefore is not a public record responsive to your request. See Cal. Gov't Code § 6252(e). We have also excluded the portions of the first page that Mr. Kelly previously redacted because that portion of the text exchange occurred before January 1, 2015 and is not responsive to your June 11, 2020 request.
Additionally, please note that the folder titled "texts [161-219]" contains text exchanges between Harlan Kelly Jr. and Mayor London Breed. Please note that the attached versions are the only ones in SFPUC's possession. Accordingly, you may wish to submit a separate public records request directly to the Mayor's Office.
Please be advised that we have redacted information from the record "sfwater emails_0-160_Redacted" (Bates Stamps # 187, 188, 190, and 191), "Critical Project Questionnaire - rev 3GN edit_Redacted for ACP", "FW_ Final signed order_Redacted for ACP", "FW_ Request that 333 Valencia Project be EXEMPT..._Redacted for ACP", "FW_ Response to Revised Health Order_Redacted for ACP", "Fwd_ Essential Construction Guidelines - Confid..._Redacted for ACP", and "Re_ Essential Construction Guidelines - Confide..._Redacted for ACP" that constitutes attorney-client communications and/or attorney work product. (See Cal. Gov't Code § 6254(k) (exemption for records protected from disclosure under federal or state law, including provisions of the Evidence Code relating to privilege); Cal. Evid. Code § 954 (privilege for communications between attorneys and their clients); Cal. Gov't Code § 6276.04 (cross-referencing in the Public Records Act the attorney-client and attorney work product privileges).)
Finally, please note that information from record "sfwater emails_0-160_Redacted" (Bates Stamps # 113, 114, 130, 133, 134, 139, 161, 162, 181, 182, 185, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 217, 218, 219, 220, 228, 231, 232, 233, 235, 236, 238, 239), "personal email [220-260]" folder (PUC # 220-226, 228-231, 233-260), and "Re_ Chap 6 construction departments - essential..._Redacted for Privacy" have been redacted because these records contain information the disclosure of which would constitute an unwarranted invasion of personal privacy. Specifically, we have redacted personal email addresses, personal telephone numbers, dates and places of birth, personal identification numbers, and gender information pursuant to California Government Code section 6254, subdivisions (c) and (k) and Article I, section 1, of the California Constitution. (See also San Francisco Administrative Code § 67.1(g)).
Mayara Ruski Augusto Sa
SFPUC Public Records Senior Analyst