Police Misconduct Records (SB 1421 / Becerra v Superior Court) - Immediate Disclosure Request - SF Sheriff
It is a clone of this request.
Submitted | Feb. 22, 2020 |
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Communications
From: twitter.com/journo_anon Public Records Requester
Sheriff's Department:
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 your agency.
Your initial response is required by Feb 25, 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 or Terms of Service.
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. ******
In simple terms, I want all SB 1421 records you have retained, and I want a quantity/existence/form statement, even if you believe their contents are exempt. Just like the AG in Becerra v Superior Court, if you retained any SB 1421 records you must release your own copies, regardless of what any other agency does. Here's the full request:
1. Pursuant to Becerra v Superior Court (First Amendment Coalition, 2020), provide all records (where "record(s)" is defined specifically by Penal Code 832.7(b)(2), and REGARDLESS of whether they are prepared by or for your agency or its employees) of all incidents involving the discharge of a firearm at a person by a peace officer or custodial officer; all incidents in which the use of force by a peace officer or custodial officer against a person resulted in death, or in great bodily injury; all records relating to an incident in which a sustained finding was made by any law enforcement agency or oversight agency that a peace officer or custodial officer engaged in sexual assault involving a member of the public; all records relating to an incident in which a sustained finding was made by any law enforcement agency or oversight agency of dishonesty by a peace officer or custodial officer directly relating to the reporting, investigation, or prosecution of a crime, or directly relating to the reporting of, or investigation of misconduct by, another peace officer or custodial officer, including, but not limited to, any sustained finding of perjury, false statements, filing false reports, destruction, falsifying, or concealing of evidence. Note: The potential exception that the State AG may have under Gov Code 6255 / public-interest balancing test, which the Court of Appeal found may apply if Becerra had asked for it, DOES NOT APPLY TO YOUR OFFICE, pursuant to SFAC 67.24(g and i).
2. Please also provide an SFAC 67.21(c) written statement of the existence or quantity of these records in #1 (even if you believe their contents to be exempt) within 7 days (no extensions)
Do not destroy or discard any responsive records - we will appeal all withholdings or Sunshine violations.
FYI - If you haven't read Becerra v Superior Court, the Court of Appeals held: "We conclude, as a matter of statutory interpretation, that section 832.7 generally requires disclosure of all responsive records in the possession of the Department, regardless whether the records pertain to officers employed by the Department or by another public agency and regardless whether the Department or another public agency created the records. Although we also determine, as a matter of statutory interpretation, that the so-called “catchall exemption” of the CPRA, codified at Government Code section 6255, may apply to records that are subject to disclosure under section 832.7, our independent review leads us to conclude the Department did not adequately demonstrate that the public interest served by nondisclosure of the records at issue clearly outweighs the public interest in their disclosure. "
However, no San Francisco agency or official can use the catchall exemption/6255 due to SF Admin Code 67.24(g and i).
Thank you for your anticipated cooperation in this matter.
Sincerely,
Anonymous
From: San Francisco Sheriff's Department
To Whom It May Concern:
Please see the attached response to your Immediate Disclosure Request that was received the Sheriff’s office on February 24, 2020. Please do not hesitate to contact me if you have any questions or concerns.
Thank you,
Alison Lambert, Legal Assistant
Central Records and Warrants Unit
Office of the Sheriff
City and County of San Francisco
850 Bryant Street RM 460
415-553-1780
From: San Francisco Sheriff's Department
Dear Requestor:
Please find attached the Sheriff’s office written statement of records in response to your request received by the Sheriff’s office on February 24, 2020. This letter supplements the Sheriff’s office initial response letter that was sent to you on February 25, 2020.
Please feel free to contact me if you have any questions or concerns.
Alison Lambert, Legal Assistant
Central Records and Warrants Unit
Office of the Sheriff
City and County of San Francisco
850 Bryant Street RM 460
415-553-1780
Alison.Lambert@sfgov.org
From: twitter.com/journo_anon Public Records Requester
Thank you very much. Given that you have already published to someone else these records, but without producing the audio or justifying all of your redactions, at this time please immediately email to me copies of the already-produced records which should be readily-available.
Note that we do not in any way waive complete production with full justifications and audio/video information, which will still be required as you produce them.
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.
From: San Francisco Sheriff's Department
In response to your email dated 3-2-2020, please find a link to the 1421 records that produced for a prior California Public Records Act request. These records were previously described in my letter to you dated March 20, 2020. Due to the extensive amount of time required to footnote each redaction pursuant to San Francisco Administrative Code section 67.26, the Sheriff’s office will produce responsive footnoted redacted records as soon as reasonably possible on an rolling basis.
[cid:2b75c6fd-2752-4a52-97eb-067410f27146] This link only works for the direct recipients of this message.
[cid:97fb1306-4ea8-41f4-8d82-6c4122b7c563] <https://sfgov1-my.sharepoint.com:443/:f:/g/personal/alison_lambert_sfgov_org/EuxnJBnXRIRBvt-A8-ZHjkgBniN8dkErIoofvDDTmQAk3w?email=88551-86881685%40requests.muckrock.com&e=5%3axf3KsG&at=9> <https://sfgov1-my.sharepoint.com:443/:f:/g/personal/alison_lambert_sfgov_org/EuxnJBnXRIRBvt-A8-ZHjkgBniN8dkErIoofvDDTmQAk3w?email=88551-86881685%40requests.muckrock.com&e=5%3axf3KsG&at=9>
SB 1421 All Releases
[Microsoft]
Sender will be notified when you open this link for the first time.
Microsoft respects your privacy. To learn more, please read our Privacy Statement.<https://usgovtexasr-notifyp.svc.ms:443/api/v2/tracking/method/Click?mi=4wBT4scYtECVVPb8-FJecw&tc=PrivacyStatement&cs=47eec467ae61cf834a7c03086458dc5e&ru=https%3a%2f%2fprivacy.microsoft.com%2fprivacystatement>
Microsoft Corporation, One Microsoft Way, Redmond, WA 98052
From: twitter.com/journo_anon Public Records Requester
Thank you. If you are going to use a private service (Microsoft OneDrive) to share these records, please provide a completely open/public share link instead of requiring me to sign/agree to any terms of service. OneDrive has the option to provide completely public, no sign in, links.
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.
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 Feb. 22, 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: 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 Feb. 22, 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: 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 Feb. 22, 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: San Francisco Sheriff's Department
I apologize for my delay in responding. May I get back to you in one week? I am working on processing your request.
Alison Lambert, Legal Assistant
Central Records and Warrants Unit
Office of the Sheriff
City and County of San Francisco
850 Bryant Street RM 460
415-553-1780
Alison.Lambert@sfgov.org<mailto:Alison.Lambert@sfgov.org>
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~WRD000
From: twitter.com/journo_anon Public Records Requester
When you provide the files PLEASE use a fully public link where I don't have to sign-in.
I am not required to sign-in or agree to any end-user agreement to get any records (Santa Clara Co. vs Superior Ct, 170 Cal.App 4th 1301).
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.
From: San Francisco Sheriff's Department
Dear Anonymous:
Thank you for your patience with this matter. In response to your email dated July 10, 2020, for security reasons, the Sheriff’s office unable to provide you with “a completely open/public share link.”
In order to provide the documents to you that were previously shared with you with our OneDrive link on March 9, 2020, the Sheriff’s office is willing to mail a flash drive to you via the United States Postal Service. However, the Sheriff’s office requires that any flash drive that will be mailed to you be password protected in the event that the flash drive becomes lost in the mail. The Sheriff’s office will then email the password to the flash drive to you in a separate email if you choose this option.
Please respond to this letter to let the Sheriff’s office know if you would like a password protected flash drive mailed to you care of MuckRock News, or to an address of your designation.
If you have any other requests, please contact us at sfso.foia@sfgov.org. We again thank you for your continued courtesy and cooperation with this matter.
Alison Lambert, Legal Assistant
Central Records and Warrants Unit
Office of the Sheriff
City and County of San Francisco
850 Bryant Street RM 460
415-553-1780
Alison.Lambert@sfgov.org<mailto:Alison.Lambert@sfgov.org>
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~WRD000
From: twitter.com/journo_anon Public Records Requester
You have cited no legal justification for your desire to restrict who can access these public records - neither a statute nor a court case. What "security reasons" would stop anyone in the public from lawfully accessing and viewing copies of these records? Is it not the case that every single person has an equal right to access these SB 1421-disclosable public records?
You cannot in fact impose any end-user conditions on access to these public records - Santa Clara Co. vs Superior Ct, 170 Cal.App 4th 1301.
If you refuse to provide a completely open, public link to the records, imposing no end-user conditions, by CoB Monday, we will file further complaints. You may want to consult your peers in SFPD, Police Commission, etc. and ask why they have not tried to restrict access to their SB 1421 records.
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.
--Anonymous
From: San Francisco Sheriff's Department
The Sheriff’s office is providing you with the following responsive records:
1. A2012-0073
- Deputy E. Gonzales #1103: currently employed with SFSO
- Incident occurred on 9/10/2012 in Oakland, CA
- Officer involved shooting (off-duty)
2. A2015-0064
- Deputy F. Lu #2113: currently employed with SFSO
- Incident occurred on 10/23/2015 at County Jail #1
- Use of force
- Injury is fractured arm
- Medical records have been excluded from disclosure pursuant to Penal Code section 832.7(b)(5)(C).
- This case does have audio and video evidence. Due to the lack of resources, the Sheriff's office has not been able to execute the redaction process of audio/video materials.
3. A2017-0011
- Deputy J. Barnes #1723, Deputy S. Castillo #1785 and Deputy M. Hodgers #2200: all are currently employed with SFSO
- Incident occurred on 12/16/2016 at County Jail #1
- Use of force
- Injury is fractured arm
- Medical records have been excluded from disclosure pursuant to Penal Code section 832.7(b)(5)(C).
- This case does have audio evidence. Due to the lack of resources, the Sheriff's office has not been able to execute the redaction process of audio/video materials.
4. A2018-027
- Senior Deputy K. Lewis #1187: currently employed with SFSO
- Incident occurred on 3/21/2018 at San Francisco General Hospital
- Use of force
- Injury is fractured arm
5. A2012-0012
- Deputy Doug Jones #1696: no longer employed with SFSO
- Incidents occurred from January 1, 2012 through February 4, 2012 and in March 2012
- Sustained on allegations of sexual assault and untruthfulness
- Complainants and witnesses have been redacted pursuant to Penal Code 832.7(b)(5)(B).
- This case does have audio evidence. Due to the lack of resources, the Sheriff’s office has not been able to execute the redaction process of audio materials.
6. A04092
- Deputy Rafael Cabrera #1218: currently employed with SFSO
- Incident occurred on 6/23/2004 in San Francisco
- Officer involved shooting
- Medical records have been excluded from disclosure pursuant to Penal Code 832.7(b)(5)(C).
- Complainants and witnesses have been redacted pursuant to Penal Code 832.7(b)(5)(B).
- This case does have audio evidence. Due to the lack of resources, the Sheriff’s office has not been able to execute the redaction process of audio materials.
7. A06082
- Deputy Scott Neu #1823: no longer employed with SFSO
- Incident occurred on 5/26/2006 at County Jail #1 (6th floor facility at the Hall of Justice)
- Use of force
- Injury is a fractured rib
- Complainants and witnesses have been redacted pursuant to Penal Code section 832.7(b)(5)(B)
- Medical records have been excluded from disclosure pursuant to Penal Code section 832.7(b)(5)(C).
- This case does have audio evidence. Due to the lack of resources, the Sheriff’s office has not been able to execute the redaction process of audio materials.
8. A09098
- Lt. John Casey #339: no longer employed with SFSO
Senior Deputy Matthew Wong #1360: currently employed by SFSO
Sgt. Kevin Macksoud #1698: currently employed by SFSO
Deputy Melvin Song #1269: no longer employed with SFSO
Deputy Tonyette Smith Al-Ghani #1576: currently employed by SFSO
Deputy Edward Gutierrez #1928: currently employed by SFSO
Deputy Juan Guitron #1894: currently employed by SFSO
Deputy Daniel White #2115: no longer employed with SFSO
Deputy Kenneth Lomba #2074: currently employed by SFSO
- Incident occurred on 9/7/2009 at County Jail #3 (6th floor facility at the Hall of Justice)
- Use of force: resulting in death
- Floor plans of the facility have been excluded from disclosure due to safety and security
- Complainants and witnesses have been redacted pursuant to Penal Code section 832.7(b)(5)(B)
- Photographs have been excluded from disclosure pursuant to Penal Code section 832.7(b)(5)(C).
- Medical records have been excluded from disclosure pursuant to Penal Code section 832.7(b)(5)(C).
- This case does have audio evidence. Due to the lack of resources, the Sheriff’s office has not been able to execute the redaction process of audio materials.
9. A10071
- Deputy Samuel Lou #1812: currently employed by SFSO
- Incidents occurred on April 6, 2010, May 7, 2010 and July 7, 2010
- Sustained on allegation of untruthfulness
- Records have been excluded from disclosure pursuant to Penal Code section 851.8.
There are too many files to display on this communication. See all files
From: San Francisco Sheriff's Department
The Sheriff’s office is providing you with the following responsive record. Multiple emails are being sent to you due to the size limitations of attachments.
1. A2012-0073
- Deputy E. Gonzales #1103: currently employed with SFSO
- Incident occurred on 9/10/2012 in Oakland, CA
- Officer involved shooting (off-duty)
Alison Lambert, Legal Assistant
Central Records and Warrants Unit
Office of the Sheriff
City and County of San Francisco
850 Bryant Street RM 460
415-553-1780
Alison.Lambert@sfgov.org<mailto:Alison.Lambert@sfgov.org>
From: twitter.com/journo_anon Public Records Requester
Supervisor of Records Dennis Herrera,
This is a new 67.21(d) petition against SFSD. SFSD in response to a records request for certain SB 1421/Becerra v Superior Court records made on Feb 22, 2020 from this email address produced, among other records, the following 41 page document on July 20, 2020:
https://cdn.muckrock.com/foia_files/2020/07/20/A2012-0073_FINAL_.pdf
They stated:
"1. A2012-0073
- Deputy E. Gonzales #1103: currently employed with SFSO
- Incident occurred on 9/10/2012 in Oakland, CA
- Officer involved shooting (off-duty)"
As SFSD refuses to comply with SFAC 67.27 and has not justified their withholding of information in writing and refuses to comply with SFAC 67.26 and has not provided footnotes or other clear references to justifications for their redactions, we challenge all of the redactions and also all documents withheld in entirety in case A2012-0073. Please determine in writing that one or more parts of these records are public, and order them disclosed.
Presumably, as an attorney who is also sworn to uphold the law, you will comply with your duty under the Sunshine Ordinance to independently review all 41 pages of documents and pass judgment on each of withheld part to identify if *any part* of the record is public.
If you choose to shirk your full obligations, here are some examples (not exhaustive) of unlawful redactions:
- Page 2, Location of incident - GC 6254(f)(2)(A)
- Page 2, Officer in Charge
- Page 3, first sentence, location
- Page 4 and throughout - name of suspect. Because the suspect was arrested, their name is public. GC 6254(f)(1)
- Page 7, 0800 hrs - unclear what was redacted
- Page 8 - all redactions in final table column
- Page 16 - location of incident publicly disclosed by Oakland PD PIO
- Page 18 - full para redacted
- Page 25 - location
- Page 26, all locations, firearm serial #
- Page 31 - location of incident report 6254(f)(2)(A)
- Page 31-39 - incident report: unredact all except private info of persons, under 6254(f)(2)(A). Note that the deputy's girlfriend, who is alleged as a victim, is not private, unless it qualifies as follows: "The name of a victim of any crime defined by Section 220, 261, 261.5, 262, 264, 264.1, 265, 266, 266a, 266b, 266c, 266e, 266f, 266j, 267, 269, 273a, 273d, 273.5, 285, 286, 288, 288a, 288.2, 288.3, 288.4, 288.5, 288.7, 289, 422.6, 422.7, 422.75, 646.9, or 647.6 of the Penal Code may be withheld at the victim’s request, or at the request of the victim’s parent or guardian if the victim is a minor."
Remember however that we are challenging *all* redactions in the linked document.
Sincerely,
Anonymous
From: twitter.com/journo_anon Public Records Requester
SOTF,
Please file a new complaint: Anonymous v. Sheriff Paul M. Miyamoto, Sheriff's Department and Alison Lambert (I will file webform as well)
Complainant: Anonymous (this email)
Respondents: Sheriff Paul M. Miyamoto, Sheriff's Department and Alison Lambert
Violations: 67.21, 67.26, 67.27
Attached is my complaint.
NOTE: Please also print out and include Exhibit D linked here: https://cdn.muckrock.com/foia_files/2020/07/20/A2012-0073_FINAL_.pdf and place it after the attached PDF.
Sincerely,
Anonymous
From: San Francisco Sheriff's Department
Good Morning:
The Police Commission has been named as a Respondent in the attached complaint filed with the Sunshine Ordinance Task Force. Please respond to the attached complaint/request within five business days.
The Respondent is required to submit a written response to the allegations including any and all supporting documents, recordings, electronic media, etc., to the Task Force within five (5) business days of receipt of this notice. This is your opportunity to provide a full explanation to allow the Task Force to be fully informed in considering your response prior its meeting.
Please include the following information in your response if applicable:
1. List all relevant records with descriptions that have been provided pursuant to the Complainant request.
2. Date the relevant records were provided to the Complainant.
3. Description of the method used, along with any relevant search terms used, to search for the relevant records.
4. Statement/declaration that all relevant documents have been provided, does not exist, or has been excluded.
5. Copy of the original request for records (if applicable).
Please refer to the File Number when submitting any new information and/or supporting documents pertaining to this complaint.
The Complainant alleges:
Complaint Attached.
Cheryl Leger
Assistant Clerk, Board of Supervisors
Tel: 415-554-7724
<http://www.sfbos.org/index.aspx?page=104> Click here<http://www.sfbos.org/index.aspx?page=104> to complete a Board of Supervisors Customer Service Satisfaction form.
The Legislative Research Center<http://www.sfbos.org/index.aspx?page=9681> provides 24-hour access to Board of Supervisors legislation, and archived matters since August 1998.
Disclosures: Personal information that is provided in communications to the Board of Supervisors is subject to disclosure under the California Public Records Act and the San Francisco Sunshine Ordinance. Personal information provided will not be redacted. Members of the public are not required to provide personal identifying information when they communicate with the Board of Supervisors and its committees. All written or oral communications that members of the public submit to the Clerk's Office regarding pending legislation or hearings will be made available to all members of the public for inspection and copying. The Clerk's Office does not redact any information from these submissions. This means that personal information-including names, phone numbers, addresses and similar information that a member of the public elects to submit to the Board and its committees-may appear on the Board of Supervisors website or in other public documents that members of the public may inspect or copy.
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image001
From: San Francisco Sheriff's Department
Good Afternoon:
The Sheriff's Office has been named as a Respondent in the attached complaint filed with the Sunshine Ordinance Task Force. Please respond to the attached complaint/request within five business days.
The Respondent is required to submit a written response to the allegations including any and all supporting documents, recordings, electronic media, etc., to the Task Force within five (5) business days of receipt of this notice. This is your opportunity to provide a full explanation to allow the Task Force to be fully informed in considering your response prior its meeting.
Please include the following information in your response if applicable:
1. List all relevant records with descriptions that have been provided pursuant to the Complainant request.
2. Date the relevant records were provided to the Complainant.
3. Description of the method used, along with any relevant search terms used, to search for the relevant records.
4. Statement/declaration that all relevant documents have been provided, does not exist, or has been excluded.
5. Copy of the original request for records (if applicable).
Please refer to the File Number when submitting any new information and/or supporting documents pertaining to this complaint.
The Complainant alleges:
Complaint Attached.
Cheryl Leger
Assistant Clerk, Board of Supervisors
Tel: 415-554-7724
<http://www.sfbos.org/index.aspx?page=104> Click here<http://www.sfbos.org/index.aspx?page=104> to complete a Board of Supervisors Customer Service Satisfaction form.
The Legislative Research Center<http://www.sfbos.org/index.aspx?page=9681> provides 24-hour access to Board of Supervisors legislation, and archived matters since August 1998.
Disclosures: Personal information that is provided in communications to the Board of Supervisors is subject to disclosure under the California Public Records Act and the San Francisco Sunshine Ordinance. Personal information provided will not be redacted. Members of the public are not required to provide personal identifying information when they communicate with the Board of Supervisors and its committees. All written or oral communications that members of the public submit to the Clerk's Office regarding pending legislation or hearings will be made available to all members of the public for inspection and copying. The Clerk's Office does not redact any information from these submissions. This means that personal information-including names, phone numbers, addresses and similar information that a member of the public elects to submit to the Board and its committees-may appear on the Board of Supervisors website or in other public documents that members of the public may inspect or copy.
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image001
From: San Francisco Sheriff's Department
Good Morning:
You are receiving this notice because you are named as a Complainant or Respondent in one of the following complaints scheduled before the Compliance and Amendments Committee to: 1) hear the merits of the complaint; 2) issue a determination; and/or 3) consider referrals from a Task Force Committee.
Date: December 22, 2020
Location: Remote meeting; participant information to be included on the Agenda
Time: 4:30 p.m.
Complainants: Your attendance is required for this meeting/hearing.
Respondents/Departments: Pursuant to Section 67.21 (e) of the Ordinance, the custodian of records or a representative of your department, who can speak to the matter, is required at the meeting/hearing.
Complaints:
1. File No. 19124: Complaint filed by Anonymous against Chief William Scott and Lt. R. Andrew Cox and the Police Department for allegedly violating Administrative Code (Sunshine Ordinance), Sections 67.21, 67.25, 67.26, 67.27, by failing to respond to an Immediate Disclosure Request in a timely and/or complete manner, failing to respond to a public records request in a timely and/or complete manner, failing to justify withholding of records and failing to maintain a Proposition G calendar.
2. File No. 19144: Complaint filed by Anonymous against the Department of Police Accountability for allegedly violating Administrative Code (Sunshine Ordinance), Sections, 67.21, 67.24, 67.26 and 67.27, by failing to respond to a public records request in a timely and/or complete manner.
3. File No. 20066: Complaint filed by Anonymous against the Police Commission for allegedly violating Administrative Code (Sunshine Ordinance), Sections 67.21(b) incomplete response; 67.24(i) citation of unlawful public-interest balancing test; 67.26 nonminimal withholding; 67.27 failure to cite a specific provision of law for justification
4. File No. 20074: Complaint filed by Anonymous against the City Attorney for allegedly violating Administrative Code (Sunshine Ordinance), Sections 67.21(b) incomplete response to public records request and 67.21(c) failure to provide written statement as to the existence, quantity, form and nature of records.
5. File No. 20110: Complaint filed by Anonymous against Sheriff Paul Miyamoto, Alison Lambert and the Sheriff's Department for allegedly violating Administrative Code (Sunshine Ordinance), Sections 67.21 by failing to respond to a records request in a timely and/or complete manner, 67.26 failing to keep withholding to a minimum and 67.27 failing to justify withholding.
Documentation (evidence supporting/disputing complaint)
For a document to be considered, it must be received at least five (5) working days before the hearing (see attached Public Complaint Procedure). For inclusion into the agenda packet, supplemental/supporting documents must be received by 5:00 pm, December 16, 2020.
Cheryl Leger
Assistant Clerk, Board of Supervisors
Tel: 415-554-7724
<http://www.sfbos.org/index.aspx?page=104> Click here<http://www.sfbos.org/index.aspx?page=104> to complete a Board of Supervisors Customer Service Satisfaction form.
The Legislative Research Center<http://www.sfbos.org/index.aspx?page=9681> provides 24-hour access to Board of Supervisors legislation, and archived matters since August 1998.
Disclosures: Personal information that is provided in communications to the Board of Supervisors is subject to disclosure under the California Public Records Act and the San Francisco Sunshine Ordinance. Personal information provided will not be redacted. Members of the public are not required to provide personal identifying information when they communicate with the Board of Supervisors and its committees. All written or oral communications that members of the public submit to the Clerk's Office regarding pending legislation or hearings will be made available to all members of the public for inspection and copying. The Clerk's Office does not redact any information from these submissions. This means that personal information-including names, phone numbers, addresses and similar information that a member of the public elects to submit to the Board and its committees-may appear on the Board of Supervisors website or in other public documents that members of the public may inspect or copy.
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From: San Francisco Sheriff's Department
Hello SOTF Parties: It has come to my attention that the subject line states that the Compliance and Amendments Committee hearing occurred on November 24, which is correct. The Notice below is for December 22, 2020 - TOMORROW! Apologies for any confusion.
Cheryl Leger
Assistant Clerk, Board of Supervisors
Cheryl.Leger@sfgov.org<mailto:Cheryl.Leger@sfgov.org>
Tel: 415-554-7724
Fax: 415-554-5163
www.sfbos.org
[CustomerSatisfactionIcon]<http://www.sfbos.org/index.aspx?page=104> Click here<http://www.sfbos.org/index.aspx?page=104> to complete a Board of Supervisors Customer Service Satisfaction form.
The Legislative Research Center<http://www.sfbos.org/index.aspx?page=9681> provides 24-hour access to Board of Supervisors legislation, and archived matters since August 1998.
Disclosures: Personal information that is provided in communications to the Board of Supervisors is subject to disclosure under the California Public Records Act and the San Francisco Sunshine Ordinance. Personal information provided will not be redacted. Members of the public are not required to provide personal identifying information when they communicate with the Board of Supervisors and its committees. All written or oral communications that members of the public submit to the Clerk's Office regarding pending legislation or hearings will be made available to all members of the public for inspection and copying. The Clerk's Office does not redact any information from these submissions. This means that personal information-including names, phone numbers, addresses and similar information that a member of the public elects to submit to the Board and its committees-may appear on the Board of Supervisors website or in other public documents that members of the public may inspect or copy.
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From: San Francisco Sheriff's Department
Please see attached documents in response to SOTF Complaint No. 20110.
Alison Lambert, Legal Assistant
Central Records and Warrants Unit
Office of the Sheriff
City and County of San Francisco
850 Bryant Street RM 460
415-553-1780
Alison.Lambert@sfgov.org<mailto:Alison.Lambert@sfgov.org>
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Redaction Log A2012-00073_
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