Coronavirus/COVID-19/SARS-CoV-2 Response (San Francisco DEM) Immediate Disclosure Request

twitter.com/journo_anon filed this request with the Department of Emergency Management of San Francisco City and County, CA .
Due March 20, 2020
Est. Completion None
Status
Awaiting Response
Tags

Communications

From: twitter.com/journo_anon

DEM and Dept Head:

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.

Below are new Immediate Disclosure Requests (SF Admin Code 67.25(a)) directed to you individually and your agency.

1. All communications between your agency or its employees/officers on the one hand, and the Office of Mayor, DPH, or any of their employees or officials on the other hand (including all emails, memos, texts, or chats of any form INCLUDING any personal property communications subject to City of San Jose ) including any of the following keywords: "coronavirus" "wuhan" "SARS" "COVID" "COVID19" "COVID-19" "SARS-CoV-2" "2019-nCOV" "nCOV" "severe acute respiratory syndrome" "viral pneumonia" "pneumonia of unknown etiology" from Nov 14, 2019 to present. For solely this request, any format showing all participants (TO, FROM, CC; and BCC for items sent by City employees) and preserving the body, attachments and images is sufficient.

Your initial response is required by Mar 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).

Your non-exhaustive obligations:
- All withholding of any information must be justified in writing by specific statutory authority (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. ******

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

Thank you for your anticipated cooperation in this matter.

Sincerely,
Anonymous

From: Department of Emergency Management

To: Anonymous

Email: requests@muckrock.com<mailto:requests@muckrock.com>

March 11, 2020

Re: California Public Records Act Request: Coronavirus/COVID-19/SARS-CoV-2 Response (San Francisco DEM) Immediate Disclosure Request

Dear Anonymous:

This letter responds to your Immediate Disclosure Request sent on March 10, 2020 and received by the Department of Emergency Management via email on March 11, 2020.

From: twitter.com/journo_anon

DEM and Dept Head:

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.

Below are new Immediate Disclosure Requests (SF Admin Code 67.25(a)) directed to you individually and your agency. I am waiving all timeliness requirements for this specific request (but not any other request, including prior ones from this email address) until April 7, 2020 subject to the condition that your agency and its employees do not destroy and indeed retain all responsive records (on personal and government property) that exist as of receipt of this request.

1. All communications between your agency or its employees/officers on the one hand, and the Office of Mayor, DPH, or any of their employees or officials on the other hand (including all emails, memos, texts, or chats of any form INCLUDING any personal property communications subject to City of San Jose ) including any of the following keywords: "coronavirus" "wuhan" "SARS" "COVID" "COVID19" "COVID-19" "SARS-CoV-2" "2019-nCOV" "nCOV" "severe acute respiratory syndrome" "viral pneumonia" "pneumonia of unknown etiology" from **Mar 10, 2020 to present.** For solely this request, any format showing all participants (TO, FROM, CC; and BCC for items sent by City employees) and preserving the body, attachments and images is sufficient.

Your initial response is required by Mar 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).

Your non-exhaustive obligations:
- All withholding of any information must be justified in writing by specific statutory authority (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. ******

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

Thank you for your anticipated cooperation in this matter.

Sincerely,
Anonymous

From: Department of Emergency Management

San Francisco’s Emergency Operations Center is active to support preparation and response to COVID-19 (Novel Coronavirus). Inquiries unrelated to COVID-19 may experience a delay in response. We apologize for the inconvenience and appreciate your understanding.

From: Department of Emergency Management

San Francisco’s Emergency Operations Center is active to support preparation and response to COVID-19 (Novel Coronavirus). Inquiries unrelated to COVID-19 may experience a delay in response.
I am working offsite at the City’s Emergency Operations Center as a Disaster Service Worker and this will delay my response.

The City of San Francisco takes the health and well-being of our community extremely seriously. We are taking extensive and proactive actions to prevent the spread of COVID-19 to our most vulnerable populations.

Know the facts: Risk for COVID-19 is based on travel, contacts and exposure to the virus. No racial, ethnic or cultural group is more at risk.The most common symptoms of COVID-19 are fever, cough and shortness of breath. If you are feeling sick, please first call your doctor, a nurse hotline, or an urgent care center. Do not go to the emergency room of a hospital unless you are having an actual emergency.

Stay at home: The City has issued a Public Health Order requiring people to stay home except for essential needs. Vulnerable populations, including adults over the age of 60 and people with health conditions, must stay home. Everyone else is required to stay home except to get food, care for a relative or friend, get necessary health care, or go to an essential job. Stay at least 6 feet apart if leaving your home for essential activities.

Access resources and services:

Find free meals for children<https://na01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.sfusd.edu%2Fservices%2Fhealth-wellness%2Fnutrition-school-meals&data=02%7C01%7Cvictor.lim%40sfgov.org%7Ce3e34451ee9c4656e5aa08d7ce958e24%7C22d5c2cfce3e443d9a7fdfcc0231f73f%7C0%7C0%7C637205014047709501&sdata=Y08ZK8fvcx0kvfFfqdfDAEyes5yGx66OP3Pi9O2YMgk%3D&reserved=0>

Find out about emergency childcare centers<https://na01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fsf.gov%2Finformation%2Fsan-francisco-converts-rec-facilities-emergency-child-care-centers&data=02%7C01%7Cvictor.lim%40sfgov.org%7Ce3e34451ee9c4656e5aa08d7ce958e24%7C22d5c2cfce3e443d9a7fdfcc0231f73f%7C0%7C0%7C637205014047709501&sdata=Y%2B3Ry2ruNdfWsN1Mq4UiODh9vMiK%2B3lgrdIxSkvPOqM%3D&reserved=0>

Get City help if your business or employment is impacted by COVID-19<https://na01.safelinks.protection.outlook.com/?url=https%3A%2F%2Foewd.org%2Fassistance-guidance-businesses-and-workers-impacted-covid-19%23Biz%2520and%2520Employers&data=02%7C01%7Cvictor.lim%40sfgov.org%7Ce3e34451ee9c4656e5aa08d7ce958e24%7C22d5c2cfce3e443d9a7fdfcc0231f73f%7C0%7C0%7C637205014047719490&sdata=wzcOXPJvDfMdopRkruaTYHuoQby5JIAdkum0cX1W2oE%3D&reserved=0>

Find City services that are open during the coronavirus outbreak<https://na01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fsf.gov%2Finformation%2Fcity-services-whats-open&data=02%7C01%7Cvictor.lim%40sfgov.org%7Ce3e34451ee9c4656e5aa08d7ce958e24%7C22d5c2cfce3e443d9a7fdfcc0231f73f%7C0%7C0%7C637205014047719490&sdata=3BUb2D%2BWU0uGqm%2FL0UtNj1kVh5xXiXRM7KAzicBEDfE%3D&reserved=0>

Download fact sheets, social media graphics, or flyers<https://na01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fsf.gov%2Foutreach-toolkit-coronavirus-covid-19&data=02%7C01%7Cvictor.lim%40sfgov.org%7Ce3e34451ee9c4656e5aa08d7ce958e24%7C22d5c2cfce3e443d9a7fdfcc0231f73f%7C0%7C0%7C637205014047729485&sdata=j5p9kCq8eiAfRL%2F3MWtJtQQz76xMHUldVuUlAI%2Fo91U%3D&reserved=0>

Stay informed: Text COVID19SF to 888-777 for text message alerts. Call 311<tel:311> or visitwww.SF.gov/coronavirus<https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.sf.gov%2Fcororavirus&data=02%7C01%7Cvictor.lim%40sfgov.org%7Ce3e34451ee9c4656e5aa08d7ce958e24%7C22d5c2cfce3e443d9a7fdfcc0231f73f%7C0%7C0%7C637205014047729485&sdata=yvqQl77wzGVKsWNmodMTF%2F1Ho8rmv5TquEzGDjOsek8%3D&reserved=0> for more information.

From: Department of Emergency Management

Dear Anonymous,

Thank you for follow up and we apologize for our delayed response. We have received your request and we are processing your response.

Please note that due to the continuing public health emergency, City workers are naturally working under unusual and difficult conditions with many called in for service as disaster service workers or otherwise prioritizing work on the public health emergency and with many others working remotely while also providing care for children or other family members. This impacts the ability to respond to records requests, particularly in gathering documents when working from a remote location. The City’s emergency orders have suspended certain provisions of the Sunshine Ordinance in response, including immediate disclosure requests and the 10 day period in which to provide or withhold documents.

Please understand that compliance with the California Public Records Act and the Sunshine Ordinance, subject to the scope of these orders, otherwise remains in effect and city departments are fulfilling those obligations while navigating the challenges of the health emergency. Further, your request is neither simple nor routine and does not seek easily accessible documents. It also requires consultation with another city department. Thus, it would not ordinarily be answered as an immediate disclosure request and would be treated as a regular records request, irrespective of the emergency orders. See Cal. Gov. Code 6253 and Admin. Code 67.25(b).

Thus, we will further respond within 10 days of your request, barring the need for a further extension, and inform you of whether responsive documents exist and, if so, the estimated date for their production.

Thank you.

Victor Wai Ho Lim | 林偉浩
External Affairs Officer | 外務特派專員
Department of Emergency Management | 三藩市應急管理局

From: twitter.com/journo_anon

This request was sent March 17, 2020 with no response until now. So I'm not sure how 1 day vs 10 days is relevant. Even if you accept the Mayor's orders suspending the Sunshine Ordinance as lawful (which we do not), your reply was due March 27, 2020.

From: Department of Emergency Management

VIA ELECTRONIC MAIL

Requestor: Anonymous
Email: requests@muckrock.com<mailto:requests@muckrock.com>

July 16, 2020

Re: California Public Records Act Request: Inter-Agency Text Messages - Immediate Disclosure Request (Jeff Kositsky)

Dear Anonymous:

This letter responds to your Public Records Request sent and received by Jeff Kositsky with the Department of Emergency Management via email on June 4, 2020.

On your email, you requested for the following:

“…1. All text 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):
- a) sent by you to/cc/bcc any of Mayor London Breed, Sean Elsbernd, SFPD Chief William Scott, Grant Colfax, Tomás Aragón, Dennis Herrera, Mohammed Nuru, Alaric Degrafinried, Andy Lynch, Hank Heckel, Mary Ellen Carroll, or Abigail Stewart-Kahn (the "Named Public Officials") OR
- b) sent by any of the Named Public Officials and received by you (and possibly others, such as in a group message) OR
- c) sent by a third party and received by both you and any of the Named Public Officials (such as in a group message),
with timestamps between Jan 1, 2019 and June 3, 2020 (inclusive), including a personal property search under City of San Jose vs Superior Court (2017). 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.”[sic]

Response dated July 16, 2020
With regard to the Public Records Request referenced above, we have completed our search and we have no responsive records. We apologize for our delayed response.

Please note that we are responding on behalf of the Department of Emergency Management only, and not on behalf of other City departments.

If you have any questions regarding your request or would like to send another public records request, please do not hesitate to contact the Department of Emergency Management at dempress@sfgov.org<mailto:dempress@sfgov.org>.

Sincerely,
/s/
Victor Wai Ho Lim
External Affairs Officer

Department of Emergency Management

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