City "Family" Messages - Jennifer Johnston/Sean Elsbernd - Immediate Disclosure Request

Anonymous Journalist filed this request with the Office of the City Administrator of San Francisco City and County, CA .
Due March 25, 2021
Est. Completion None
Status
Awaiting Response

Communications

From: Anonymous Journalist

Jennifer Johnston and the Office of the City Administrator:

DO NOT DESTROY OR FAIL TO PRESERVE RESPONSIVE RECORDS CURRENTLY IN YOUR POSSESSION. WE WILL APPEAL ALL WITHHOLDINGS.

The office of the mayor recently released the attached public record. It is possible that this recusal reflects the personal relationship between the Chief of Staff and the Deputy City Administrator.

Pursuant to the CPRA and Sunshine Ordinance, I hereby request the following records - immediate disclosure request:

1. all communications of any form, any app (including but not limited to email, SMS, Facebook, iMessage, text, chat, instant message, Signal, WhatsApp, Teams, Telegram or any other app, encrypted or not), any type (physical or electronic), any location (government or personal property) between you (Jennifer Johnston) and Breed Chief of Staff Sean Elsbernd. Include any group messages. You may redact purely personal material. Note that normally messages between family members on personal property are subject to the City of San Jose "relate in some substantive way to the conduct of the public's business" test, but because you and Elsbernd are BOTH senior public officials, I will argue that the exemption of "only purely personal" information should apply here (San Gabriel Tribune v. Superior Court). You may also exclude any email between Johnston and Elsbernd IF AND ONLY IF Johnston and Elsbernd are BOTH using their sfgov accounts - but if either or both of you is using a personal email account, you must produce that email.

2. all communications of any form, any app (including but not limited to email, SMS, Facebook, iMessage, text, chat, instant message, Signal, WhatsApp, Teams, Telegram or any other app, encrypted or not), type (physical or electronic), location (government or personal property) between you (Jennifer Johnston) and Mayor London Breed. Not with Breed's staff, or the generic mayorlondonbreed@sfgov.org vanity address, but with Breed herself. Include any group messages.

Provide rolling responses from the most recent records working backwards. Justify each redaction and withholding with specificity. Provide all emails as exact copies preserving Bcc, To, From, Cc email addresses, hyperlinks, images, attachments. Preserve all attachments, date time stamps, participant names, audio, video, and images, in text, chat, and instant message.

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,

An Anonymous Independent Journalist

From: Anonymous Journalist

Jennifer Johnston and the Office of the City Administrator:

DO NOT DESTROY OR FAIL TO PRESERVE RESPONSIVE RECORDS CURRENTLY IN YOUR POSSESSION. WE WILL APPEAL ALL WITHHOLDINGS.

The office of the mayor recently released the attached public record. It is possible that this recusal reflects the personal relationship between the Chief of Staff and the Deputy City Administrator.

Pursuant to the CPRA and Sunshine Ordinance, I hereby request the following records - immediate disclosure request:

1. all communications of any form, any app (including but not limited to email, SMS, Facebook, iMessage, text, chat, instant message, Signal, WhatsApp, Teams, Telegram or any other app, encrypted or not), any type (physical or electronic), any location (government or personal property) between you (Jennifer Johnston) and Breed Chief of Staff Sean Elsbernd. Include any group messages. You may redact purely personal material. Note that normally messages between family members on personal property are subject to the City of San Jose "relate in some substantive way to the conduct of the public's business" test, but because you and Elsbernd are BOTH senior public officials, I will argue that the exemption of "only purely personal" information should apply here (San Gabriel Tribune v. Superior Court). You may also exclude any email between Johnston and Elsbernd IF AND ONLY IF Johnston and Elsbernd are BOTH using their sfgov accounts - but if either or both of you is using a personal email account, you must produce that email.

2. all communications of any form, any app (including but not limited to email, SMS, Facebook, iMessage, text, chat, instant message, Signal, WhatsApp, Teams, Telegram or any other app, encrypted or not), type (physical or electronic), location (government or personal property) between you (Jennifer Johnston) and Mayor London Breed. Include any group messages. You don't need to include any messages ONLY with Breed staff or ONLY with the generic MONS list at mayorlondonbreed@sfgov.org. We're looking for Breed herself.

Provide rolling responses from the most recent records working backwards. Justify each redaction and withholding with specificity. Provide all emails as exact copies preserving Bcc, To, From, Cc email addresses, hyperlinks, images, attachments. Preserve all attachments, date time stamps, participant names, audio, video, and images, in text, chat, and instant message.

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,

An Anonymous Independent Journalist

From: Office of the City Administrator

Dear Requestor,

This message serves to notify you that The Office of the City Administrator is in receipt of your request dated March 15, 2021 for:

1. all communications of any form, any app (including but not limited to email, SMS, Facebook, iMessage, text, chat, instant message, Signal, WhatsApp, Teams, Telegram or any other app, encrypted or not), any type (physical or electronic), any location (government or personal property) between you (Jennifer Johnston) and Breed Chief of Staff Sean Elsbernd. Include any group messages. You may redact purely personal material. Note that normally messages between family members on personal property are subject to the City of San Jose "relate in some substantive way to the conduct of the public's business" test, but because you and Elsbernd are BOTH senior public officials, I will argue that the exemption of "only purely personal" information should apply here (San Gabriel Tribune v. Superior Court). You may also exclude any email between Johnston and Elsbernd IF AND ONLY IF Johnston and Elsbernd are BOTH using their sfgov accounts - but if either or both of you is using a personal email account, you must produce that email.

2. all communications of any form, any app (including but not limited to email, SMS, Facebook, iMessage, text, chat, instant message, Signal, WhatsApp, Teams, Telegram or any other app, encrypted or not), type (physical or electronic), location (government or personal property) between you (Jennifer Johnston) and Mayor London Breed. Include any group messages. You don't need to include any messages ONLY with Breed staff or ONLY with the generic MONS list at mayorlondonbreed@sfgov.org<mailto:mayorlondonbreed@sfgov.org>. We're looking for Breed herself.
The Mayor's emergency orders, among other things, have suspended certain provisions of the Sunshine Ordinance, including immediate disclosure requests and the 10-day period in which to provide or withhold documents. This message also serves to notify you that we are conducting a search for responsive records and will respond again within 14 days.

Sincerely,

Office of the City Administrator
City Hall, Room 362
1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102
Phone: (415) 554-4851

From: Office of the City Administrator

Dear Requestor,

This message serves to notify you that the Office of the City Administrator has found records responsive to your request. We will disclose responsive records on a rolling basis rather than waiting until all potential records are located and reviewed.

Sincerely,

Office of the City Administrator
City Hall, Room 362
1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102
Phone: (415) 554-4851

From: Anonymous Journalist

CPRA requires you to also tell me if they are *disclosable*. If they are not, please provide an explanation (i.e. a 67.27 justification).

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