Behest Payment FPPC Forms and Parade Floats - Immediate Disclosure Requests (SF Mayor)
It is a clone of this request.
| Submitted | July 9, 2020 |
| Est. Completion | Aug. 10, 2020 |
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Communications
From: twitter.com/journo_anon Public Records Requester
Mayor Breed, Hank Heckel, Andy Lynch, Sean Elsbernd, Mason Lee, Marjan Philhour, Andrea Bruss, and Office of the Mayor,
Background:
* The Ethics Commission published this FPPC 803 filed by or on behalf of Breed: https://public.netfile.com/pub/GetDocument.aspx?ref=69492dcb-19db-45b8-967e-90ec395c2269 (also attached). It indicates a "charitable" $20,000 payment from the San Francisco Special Events Committee to the San Francisco-Shanghai Sister City Committee "To assist with Lunar New Year parade, including planned sponsorship and float, for celebration of sister city relationship"
* The payment was made on Jan 7, 2020.
* Gov Code 84224(a) states "Once the five-thousand-dollar ($5,000) aggregate threshold from a single source has been reached for a calendar year, all payments for the calendar year made by that source shall be disclosed within 30 days after the date the threshold was reached or the payment was made, whichever occurs later."
* On Feb 21, 2020 (more than 30 days after Jan 7, 2020), I requested all records related to Breed's parade floats, on the basis that your office previously claimed that a pride parade was a "governmental" purpose and mentioned behest payment exemptions (https://cdn.muckrock.com/foia_files/2020/02/24/Response_to_Anonymous_Request_re_Fitzgerald_Communications_and_Statement.pdf).
* The FPPC 803 was filed on May 4, 2020 (more than 30 days after Jan 7, 2020).
* On June 5, 2020, you released the following records to the earlier request: https://cdn.muckrock.com/foia_files/2020/06/05/Anonymous_Request_Response_6.5.20_Redacted.pdf including an un-executed contract for parade float sponsorship with Breed and another with San Francisco-Shanghai Sister City Committee, and a request for payment by Mason Lee to Pan Pacific Solution
SFAC 67.22(a) Questions re: the operations/positions of the Mayor's Office:
1. Did the San Francisco-Shanghai Sister City Committee pay for Mayor Breed's 2020 Lunar New Year parade float in whole or in part?
2. Did the San Francisco Special Events Committee pay for Mayor Breed's 2020 Lunar New Year parade float in whole or in part?
3. Did Pan Pacific Solution pay for Mayor Breed's 2020 Lunar New Year parade float in whole or in part?
4. Is it the position of the Mayor's Office that paying for Mayor Breed's parade floats is a "charitable purpose"?
5. Is it the position of the Mayor's Office that FPPC 803 forms may be signed and filed on a date prior to the date of payment? See for example: https://public.netfile.com/pub/GetDocument.aspx?ref=7d94027e-7f6f-4eab-b06c-da8de980a8c8 and the attached Webcor/Recology form.
6. Does the Mayor exercise direct or indirect control over the San Francisco Special Events Committee?
SFAC 67.25(a) immediate disclosure Requests:
7. Every mention of any of the following case insensitive phrases: [ "behest" "behested" "Form 803" "FPPC 803" "Sister City" "Special Events Committee" "Pan Pacific" "Webcor" "Recology" ] in the text, chat, or email messages (in any form, in any application) of the government and personal accounts of Hank Heckel, London Breed, Andy Lynch, Sean Elsbernd, Mason Lee, Marjan Philhour, and Andrea Bruss, between Nov 1, 2019 and present (start most recent, and give rolling responses backwards)
8. All FPPC 803 forms, including any drafts, for payments to or from Pan Pacific Solution for any payments in 2020 in the government and personal accounts of Hank Heckel, London Breed, Andy Lynch, Sean Elsbernd, Mason Lee, Marjan Philhour, and Andrea Bruss
9. All emails, transactions, invoices, receipts, or payments (and any email thread used to transmit such document, including all of its attachments), including drafts, whether or not consummated, where any party is Pan Pacific Solution, San Francisco Special Events Committee, San Francisco-Shanghai Sister City Committee, Webcor Construction, and Recology from Nov 1, 2019 to present, in the government and personal accounts of London Breed and any Mayor's Office employee
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
From: twitter.com/journo_anon Public Records Requester
Correction: "Jan 7" should be "Jan 17" - the request still stands.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following California Public Records Act request, copied below, and originally submitted on July 9, 2020. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Office of the Mayor of San Francisco
Anonymous,
This is in response to your request below. Please note that we are invoking an extension of up to 14 days to continue our response due to the need to consult with another city department. See Cal. Gov. Code § 6253(c) and San Francisco Admin. Code § 67.25(b).
Regarding your questions submitted pursuant to 67.22(a), are you willing to have a brief phone call to discuss?
Regards,
Hank Heckel
Compliance Officer
Office of the Mayor
City and County of San Francisco
From: twitter.com/journo_anon Public Records Requester
No - I would prefer on the record responses. Please note that 67.22(a) includes oral info, but doesn't exclude written info: "Every department head shall designate a person or persons knowledgable about the affairs of the department, to provide information, including oral information, ..."
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
From: Office of the Mayor of San Francisco
Anonymous,
Pursuant to Section 7(a) of the attached Emergency Order, the deadlines of the Sunshine Ordinance to produce records are superseded by the requirement of PRA 6253(c) to respond with a disclosure of whether responsive records exist and an estimate for their production. Accordingly, please note that we have responsive records and we are continuing our review. Some of these you have already received such as those in response to your request relating to any parade float. We anticipate providing further documents by August 10, 2020.
Regards,
Hank Heckel
Compliance Officer
Office of the Mayor
City and County of San Francisco
From: Office of the Mayor of San Francisco
Anonymous,
Please see the attached records responsive to your request below. We will provide any additional responsive records on a rolling basis.
Regards,
Hank Heckel
Compliance Officer
Office of the Mayor
City and County of San Francisco
There are too many files to display on this communication. See all files
From: Office of the Mayor of San Francisco
Anonymous,
Please see the attached production of records previously provided in response to another request, which are also responsive to the request below. The bases for redactions in this set are as set forth in the accompanying production emails (the original production email and subsequent email correcting a basis for redaction). If you have questions, please let us know.
Regards,
Hank Heckel
Compliance Officer
Office of the Mayor
City and County of San Francisco
From: Office of the Mayor of San Francisco
Anonymous,
Following up on your questions below submitted pursuant to Admin. Code 67.22(a), please see the following responses:
SFAC 67.22(a) Questions re: the operations/positions of the Mayor's Office:
1. Did the San Francisco-Shanghai Sister City Committee pay for Mayor Breed's 2020 Lunar New Year parade float in whole or in part? Mayor Breed did not have a float in the 2020 Lunar New Year Parade. Mayor Breed participated in the parade via car. See photo number 8 in the attached news coverage at https://www.sfexaminer.com/photo-galleries/chinese-new-year-parade-2020-celebrates-the-year-of-the-rat/ which shows Mayor Breed traveling along the parade route in the car.
2. Did the San Francisco Special Events Committee pay for Mayor Breed's 2020 Lunar New Year parade float in whole or in part? See above.
3. Did Pan Pacific Solution pay for Mayor Breed's 2020 Lunar New Year parade float in whole or in part? See above.
4. Is it the position of the Mayor's Office that paying for Mayor Breed's parade floats is a "charitable purpose"? No. As set forth in the Form 803 Behested Payment Report you attached, funding provided by the San Francisco Special Events Committee to the San Francisco-Shanghai Sister City Committee to assist with the Sister City Committee’s participation in the Lunar New Year Parade in celebration of the sister city relationship is a charitable purpose.
5. Is it the position of the Mayor's Office that FPPC 803 forms may be signed and filed on a date prior to the date of payment? See for example: https://public.netfile.com/pub/GetDocument.aspx?ref=7d94027e-7f6f-4eab-b06c-da8de980a8c8 and the attached Webcor/Recology form. No, the other Behested Payment Report you reference was executed on March 20, 2020 and post-dates the payment.
6. Does the Mayor exercise direct or indirect control over the San Francisco Special Events Committee? No. The San Francisco Special Events Committee is a 501(c)(3) non-profit that plans, supports and implements San Francisco city and county-related special events that have civic or cultural importance.
Regards,
Hank Heckel
Compliance Officer
Office of the Mayor
City and County of San Francisco
From: Office of the Mayor of San Francisco
Anonymous,
Please see the supplemental production of additional records responsive to your request below. Please note that personal contact information has been redacted to protect personal privacy. See Gov Code § 6254(c), California Constitution, Art. I, Sec. 1. Teleconference dial-in and passcode information has been redacted pursuant to the official information privilege.
Sections of the documents entitled “Re_Give2SF + Reporting Behested Payments_Redacted.pdf” and “Re_Give2SF Management Call_Check-in_ Priv Redacted.pdf” have been redacted pursuant to the attorney/client privilege. See Gov Code § 6254(k); 6276.04; Cal. Evid. Code § 950 et seq.; Admin. Code 67.21(k).
Finally, please note that certain documents have been withheld entirely pursuant to the attorney/client privilege. See Gov Code § 6254(k); 6276.04; Cal. Evid. Code § 950 et seq.; Admin. Code 67.21(k).
If you have any questions, please let us know.
Regards,
Hank Heckel
Compliance Officer
Office of the Mayor
City and County of San Francisco
There are too many files to display on this communication. See all files
From: twitter.com/journo_anon Public Records Requester
Immediate disclosure request: Please provide all communications between Hank Heckel and London Breed in any form regarding the creation, review, documentation of evidence for, or approval of, any FPPC form. All electronic records must be exact copies preserving email addresses, timestamps, attachments, To/From/Cc/Bcc, images, formatting, hyperlinks, and all other parts of the records.
From: twitter.com/journo_anon Public Records Requester
To be clear: Breed had to personally sign these somehow, there must be some record of her doing so.
From: twitter.com/journo_anon Public Records Requester
Please also provide all copies of all versions in your agency of these files. Presumably there is a version that was filled out on the computer but without Breed's ink signature.
From: twitter.com/journo_anon Public Records Requester
Please also provide all copies of all versions in your agency of these files. Presumably there is a version that was filled out on the computer but without Breed's ink signature.
From: Office of the Mayor of San Francisco
Anonymous,
We have located records responsive to your request below. We anticipate providing them on a rolling basis beginning the week of April 5. See Cal. Gov. Code 6253(c).
Regards,
Hank Heckel
Compliance Officer
Office of the Mayor
City and County of San Francisco
From: Office of the Mayor of San Francisco
Anonymous,
We have located records responsive to your request below. We anticipate providing them on a rolling basis beginning the week of April 5. See Cal. Gov. Code 6253(c).
Regards,
Hank Heckel
Compliance Officer
Office of the Mayor
City and County of San Francisco
From: Office of the Mayor of San Francisco
Anonymous,
This is in response to your request below. We have performed an inquiry and we have not located any responsive records.
Regards,
Hank Heckel
Compliance Officer
Office of the Mayor
City and County of San Francisco
From: Office of the Mayor of San Francisco
Anonymous,
In response to your request below, see the unsigned draft versions of the final files you referenced. We could not locate a copy of the unsigned “FinalForm803reInauguration.pdf_0.pdf” you reference.
Regards,
Hank Heckel
Compliance Officer
Office of the Mayor
City and County of San Francisco
From: Office of the Mayor of San Francisco
Anonymous,
In response to your request below, please also see the unsigned draft version of the signed file referenced in your request below.
Regards,
Hank Heckel
Compliance Officer
Office of the Mayor
City and County of San Francisco
Files
pages
There are too many files to display on the request page. See all files .