Calendars and Emails - Immediate Disclosure Request (SF Medical Examiner)

Anonymous Journalist filed this request with the Office of the Chief Medical Examiner of San Francisco City and County, CA .
Due Dec. 17, 2019
Est. Completion None
Status
Awaiting Response
Tags

Communications

From: Anonymous Journalist

To the Department Head,

Attached is an Immediate Disclosure Request (SF Admin Code 67.25(a)).
Your response is required by Dec. 10, 2019. Rolling records responses are requested (67.25(d)).

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 public records.

Sincerely,

Anonymous

From: Anonymous Journalist

RE: the DEC 7 IMMEDIATE DISCLOSURE REQUEST from this email address

Please note: "Exact copies" are requested for all records pursuant to CPRA Gov Code 6253(c).
Please email all records, or publish them to your own website/portal (as long as the URL is accessible without any login), or upload them and publish them to MuckRock.com directly using the auto-generated link in the footer below. Do not physically mail any records.
Provide only those copies available without fees - if you believe certain copies require fees, instead provide the required notice of which records are available for in-person inspection.

Your response is still required by Dec. 10, 2019. Rolling records responses were requested (67.25(d)).

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 public records.

Sincerely,

Anonymous

From: Office of the Chief Medical Examiner

This email confirms receipt of your immediate disclosure request sent via email and dated December 7, 2019, wherein you requested:

1. the specific calendar required to be kept by SF Admin Code 67.29-5 (aka "Prop G calendar") for your Department Head (whether an employee or elected official, defined pursuant to SF Charter 2A.30 para 1), with each and every meeting/item for Nov 10 - Nov 17, 2019 (inclusive).
2. every meeting/entry on every calendar for your Department Head for Nov 10-17, 2019 (inclusive).
3. every meeting/entry on every calendar for your Department Head for future dates Dec 16-23 (inclusive).
4. the most recent 5 emails sent by your Department Head via their government email account.
5. the most recent 5 emails received by your Department Head via their government email account.
6. the most recent 5 emails relating to the conduct of public business, subject to City of San Jose v Superior Court (Smith, 2017) , sent by your Department Head via their personal email account.
7. the most recent 5 emails relating to the conduct of public business, subject to City of San Jose v Superior Court (Smith, 2017) , received by your Department Head via their personal email account.

The attached records are provided in response to requests 1 through 5. The Office of the Chief Medical Examiner has no records responsive to your requests 6 and 7. These records are being produced in a PDF format and requested metadata is being withheld to protect the integrity and security of the original record and to avoid the unwarranted disclosure of data that could pose a risk to the city's systems and network and/or the inadvertent disclosure of exempt confidential or privileged information. See Cal. Gov. Code Secs. 6253.9 (a)(1), (f); 6254.19.

Sincerely,

Office of the Chief Medical Examiner
City & County of San Francisco
1 Newhall Street
San Francisco, CA 94124
(415)641-3600

From: Anonymous Journalist

RE: BCC Emails - Immediate Disclosure Request

Department Head:

Below are new Immediate Disclosure Requests (SF Admin Code 67.25(a)) directed to your agency and the department head. Your response is required by Feb 11, 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). Emails are requested in the easily-generated EML or MSG formats (SFAC 67.21(l)).

I am now auditing how the City appears to unlawfully withhold the BCC recipients of emails when they print out emails in certain formats. The identity of BCC recipients is not exempt. BCC is not an information security record that reveals vulnerabilities or increases chance of an attack. The BCC names was typed in by a human being and are not metadata. You must provide BCC just like you provide To or CC recipients. There is no legal authority to keep secret the identities of persons communicating with government officials, unless they are specifically confidential informants and such. If you withhold the BCC names, I will file complaints, separate and apart from email metadata complaints (which I have now already won, see ruling in SOTF 19044).

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. An exact copy with all email headers (incl. but not limited to the BCC identities), attachments, color, formatting, hyperlinks, images, and all other parts of the record of the most recent 5 emails which have any BCC recipients which were sent by your Dept Head on any government account . Note that you will have to search directly from the person's computer or account in their Sent folder specifically (In many email systems, no other method will allow you to see the BCC recipients). In modern Outlook systems, the search query is as follows: (bcc:*)

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

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 Chief Medical Examiner

Records responsive to the December 7, 2019 request were provided on December 10, 2019, as noted below. The Department did not withhold any responsive records or information from the December 10, 2019 response. Exact copies of responsive records were provided, in pdf format.

Sincerely,

Office of the Chief Medical Examiner
City & County of San Francisco
1 Newhall Street
San Francisco, CA 94124
(415)641-3600

From: Anonymous Journalist

We made a subsequent IDR on Feb 8 to which you never replied.

From: Office of the Chief Medical Examiner

Greetings,

Records responsive to the December 7, 2019 request were provided on December 10, 2019, as noted below. The Department did not withhold any responsive records or information from the December 10, 2019 response. Exact copies of responsive records were provided, in pdf format.

Sincerely,

Office of the Chief Medical Examiner
City & County of San Francisco
1 Newhall Street
San Francisco, CA 94124
(415)641-3600

From: Anonymous Journalist

You appear to have ignored the request made Feb 8.
See a copy here:
https://www.muckrock.com/foi/san-francisco-city-and-county-3061/calendars-and-emails-immediate-disclosure-request-sf-medical-examiner-84173/#comm-849811

From: Office of the Chief Medical Examiner

Greetings,

Records responsive to the December 7, 2019 request were provided on December 10, 2019, as noted below. The Department did not withhold any responsive records or information from the December 10, 2019 response. Exact copies of responsive records were provided, in pdf format.

Sincerely,

Office of the Chief Medical Examiner
City & County of San Francisco
1 Newhall Street
San Francisco, CA 94124
(415)641-3600

From: Anonymous Journalist

As we've explained before, there was a further, distinct request around Feb 8 from this email address which you have ignored.
You can see it here: https://www.muckrock.com/foi/san-francisco-city-and-county-3061/calendars-and-emails-immediate-disclosure-request-sf-medical-examiner-84173/#comm-849811

I'll copy it below, yet again:

RE: BCC Emails - Immediate Disclosure Request

Department Head:

Below are new Immediate Disclosure Requests (SF Admin Code 67.25(a)) directed to your agency and the department head. Your response is required by Feb 11, 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). Emails are requested in the easily-generated EML or MSG formats (SFAC 67.21(l)).

I am now auditing how the City appears to unlawfully withhold the BCC recipients of emails when they print out emails in certain formats. The identity of BCC recipients is not exempt. BCC is not an information security record that reveals vulnerabilities or increases chance of an attack. The BCC names was typed in by a human being and are not metadata. You must provide BCC just like you provide To or CC recipients. There is no legal authority to keep secret the identities of persons communicating with government officials, unless they are specifically confidential informants and such. If you withhold the BCC names, I will file complaints, separate and apart from email metadata complaints (which I have now already won, see ruling in SOTF 19044).

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. An exact copy with all email headers (incl. but not limited to the BCC identities), attachments, color, formatting, hyperlinks, images, and all other parts of the record of the most recent 5 emails which have any BCC recipients which were sent by your Dept Head on any government account . Note that you will have to search directly from the person's computer or account in their Sent folder specifically (In many email systems, no other method will allow you to see the BCC recipients). In modern Outlook systems, the search query is as follows: (bcc:*)

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

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 Chief Medical Examiner

To Whom It May Concern,

The Office of the Chief Medical Examiner has confirmed that the Department Head emails sent most recently as of 12/10/19 did not contain BCC recipients. The records previously provided would have shown BCC recipients if those were present.

Please clarify if the February 8 request was a new request for emails containing BCC recipients, separate from the initial request pertaining to emails sent or received on 12/10/19.
Regards,

Office of the Chief Medical Examiner
City & County of San Francisco
1 Newhall Street
San Francisco, CA 94124
(415)641-3600

From: Anonymous Journalist

As the request states, it is for the "... An exact copy with all email headers (incl. but not limited to the BCC identities), attachments, color, formatting, hyperlinks, images, and all other parts of the record of the **most recent 5 emails which have any BCC recipients** which were sent by your Dept Head on any government account ... " (emphasis added).

Therefore if the emails you provided were not with BCC's, they don't constitute the records I requested.

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

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