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

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

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

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).

Thanks.
Is this a response to both 1 and 2 (with the Mayor)?
And you're also saying there are no chats/texts for both Elsbernd and Breed, yes?
It wasn't just email...