Text Messages / Walter Wong and others - Immediate Disclosure Request

MASON LEE:

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 and its department head.
Your initial response is required by Feb 20, 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. ******

1. all text/chat messages (of any form or application, including all attachments/images) public records on government or personal accounts between Mason Lee and any of Walter Wong, Harlan Wong, Melanie Lok, Irene Lok, Washington Wong, Florence Kong, Michael Tracy, Rudolph Dwayne Jones (Dwayne Jones), Dionjay Brookter, or Harlan Kelly Jr. for all time frames.

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

LONDON BREED and OFFICE OF THE MAYOR:

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 and its department head.
Your initial response is required by Feb 20, 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. ******

1. all text/chat messages on government or personal accounts between London Breed and any of Walter Wong, Harlan Wong, Melanie Lok, Irene Lok, Washington Wong, Florence Kong, Michael Tracy, Rudolph Dwayne Jones (Dwayne Jones), Dionjay Brookter, Harlan Kelly Jr., SFPD Chief William Scott, Jeff Kositsky, Sean Elsbernd, Mohammad Nuru, Alaric Degrafinried, Mary Ellen Carroll, Abigail Stewart-Khan, Sophia Kittler, or Mason Lee - for all time frames - in any form or application, including all attachments/images, and including any group messages with add'l parties.

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

Thanks. Remember the request asked for all attachments/images. A black and white print and scan is not a copy of the original record for either of the images/attachments.
As with the WhatsApp dispute earlier ( to which you replied https://www.documentcloud.org/documents/6796301-Revised-Letter-Re-WhatsApp-Files.html ), you need to provide full reproductions of these records.

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

London Breed and Office of the Mayor,

Remember you still owe copies of the prior attachments/images. Given you have the record, you should not have destroyed the attachments/images.

Furthermore, this is an immediate disclosure request for the contents of London Breed's trash or deleted items or similar folder for her government and personal email/text/chat messages (including all headers, timestamps, identity of participants, message bodies, metadata, attachments, images, and formatting, in their original electronic format), where any communicating party is another city employee or official or is any of Walter Wong, Harlan Wong, Melanie Lok, Irene Lok, Washington Wong, Florence Kong, Michael Tracy, Rudolph Dwayne Jones (Dwayne Jones), Dionjay Brookter, Harlan Kelly Jr., SFPD Chief William Scott, Jeff Kositsky, Sean Elsbernd, Mohammad Nuru, Alaric Degrafinried, Mary Ellen Carroll, Abigail Stewart-Khan, Sophia Kittler, or Mason Lee. If such records are voluminous feel free to provide a listing of date/party/subject (or similar), and I can narrow the search. Nevertheless, you cannot destroy any records responsive to this request, for example by permanently deleting or emptying the trash.

Note that the City Attorney has opined that these kinds of "deleted" records are public, from the Good Govt Guide:

"Emails that are easily retrievable by the user must be searched in response to a public
records request. This includes emails that have not been deleted; emails that have been put
in the “Deleted Items” folder but have not been emptied from that folder (and hence are
immediately retrievable); and emails that have been deleted and emptied from that folder
but remain immediately retrievable by accessing the computer’s “Recover Deleted Items
From Server” function."

You must recover whatever emails/text/chat messages are recoverable from your local trash/deleted folder and from your servers, if any.

If there are no such records, then you must explicitly indicate so.

YOU MUST PRESERVE AND MUST NOT DESTROY ANY RECORDS CURRENTLY IN YOUR TRASH/DELETED FOLDER - WE WILL APPEAL ALL WITHHOLDINGS.

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

London Breed and Office of the Mayor,

Furthermore, this is an immediate disclosure request for the contents of London Breed's trash or deleted items or similar folder for her government and personal email/text/chat messages (including all headers, timestamps, identity of participants, message bodies, metadata, attachments, images, and formatting, in their original electronic format), where any communicating party is another city employee or official or is any of Walter Wong, Harlan Wong, Melanie Lok, Irene Lok, Washington Wong, Florence Kong, Michael Tracy, Rudolph Dwayne Jones (Dwayne Jones), Dionjay Brookter, Harlan Kelly Jr., SFPD Chief William Scott, Jeff Kositsky, Sean Elsbernd, Mohammad Nuru, Alaric Degrafinried, Mary Ellen Carroll, Abigail Stewart-Khan, Sophia Kittler, or Mason Lee. If such records are voluminous feel free to provide a listing of date/party/subject (or similar), and I can narrow the search. Nevertheless, you cannot destroy any records responsive to this request, for example by permanently deleting or emptying the trash.

Note that the City Attorney has opined that these kinds of "deleted" records are public, from the Good Govt Guide:

"Emails that are easily retrievable by the user must be searched in response to a public
records request. This includes emails that have not been deleted; emails that have been put
in the “Deleted Items” folder but have not been emptied from that folder (and hence are
immediately retrievable); and emails that have been deleted and emptied from that folder
but remain immediately retrievable by accessing the computer’s “Recover Deleted Items
From Server” function."

You must recover whatever emails/text/chat messages are recoverable from your local trash/deleted folder and from your servers, if any.

If there are no such records, then you must explicitly indicate so.

YOU MUST PRESERVE AND MUST NOT DESTROY ANY RECORDS CURRENTLY IN YOUR TRASH/DELETED FOLDER - WE WILL APPEAL ALL WITHHOLDINGS.

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

London Breed and Office of the Mayor,

Furthermore, this is an immediate disclosure request for the contents of London Breed's trash or deleted items or similar folder for her government and personal email/text/chat messages (including all headers, timestamps, identity of participants, message bodies, metadata, attachments, images, and formatting, in their original electronic format), where any communicating party is another city employee or official or is any of Walter Wong, Harlan Wong, Melanie Lok, Irene Lok, Washington Wong, Florence Kong, Michael Tracy, Rudolph Dwayne Jones (Dwayne Jones), Dionjay Brookter, Harlan Kelly Jr., SFPD Chief William Scott, Jeff Kositsky, Sean Elsbernd, Mohammad Nuru, Alaric Degrafinried, Mary Ellen Carroll, Abigail Stewart-Khan, Sophia Kittler, or Mason Lee. If such records are voluminous feel free to provide a listing of date/party/subject (or similar), and I can narrow the search. Nevertheless, you cannot destroy any records responsive to this request, for example by permanently deleting or emptying the trash.

Note that the City Attorney has opined that these kinds of "deleted" records are public, from the Good Govt Guide:

"Emails that are easily retrievable by the user must be searched in response to a public
records request. This includes emails that have not been deleted; emails that have been put
in the “Deleted Items” folder but have not been emptied from that folder (and hence are
immediately retrievable); and emails that have been deleted and emptied from that folder
but remain immediately retrievable by accessing the computer’s “Recover Deleted Items
From Server” function."

You must recover whatever emails/text/chat messages are recoverable from your local trash/deleted folder and from your servers, if any.

If there are no such records, then you must explicitly indicate so.

YOU MUST PRESERVE AND MUST NOT DESTROY ANY RECORDS CURRENTLY IN YOUR TRASH/DELETED FOLDER - WE WILL APPEAL ALL WITHHOLDINGS.

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

Thank you - have you produced the images and attachments from the last Nuru-Breed records?

Sean Elsbernd and Office of the Mayor,

Furthermore, this is an immediate disclosure request for the contents of Sean Elsbernd's trash or deleted items or similar folder for their government and personal email/text/chat messages accounts (including all headers, timestamps, identity of participants, message bodies, metadata, attachments, images, and formatting, in their original electronic format), where any communicating party is another city employee or official or is any of Walter Wong, Harlan Wong, Melanie Lok, Irene Lok, Washington Wong, Florence Kong, Michael Tracy, Rudolph Dwayne Jones (Dwayne Jones), Dionjay Brookter, Harlan Kelly Jr., SFPD Chief William Scott, Jeff Kositsky, Mohammad Nuru, Alaric Degrafinried, Mary Ellen Carroll, Abigail Stewart-Khan, Sophia Kittler, London Breed, or Mason Lee. If such records are voluminous feel free to provide a listing of date/party/subject (or similar), and I can narrow the search. Nevertheless, you cannot destroy any records responsive to this request, for example by permanently deleting or emptying the trash.

Note that the City Attorney has opined that these kinds of "deleted" records are public, from the Good Govt Guide:

"Emails that are easily retrievable by the user must be searched in response to a public records request. This includes emails that have not been deleted; emails that have been put in the “Deleted Items” folder but have not been emptied from that folder (and hence are immediately retrievable); and emails that have been deleted and emptied from that folder but remain immediately retrievable by accessing the computer’s “Recover Deleted Items From Server” function."

You must recover whatever emails/text/chat messages are recoverable from your local trash/deleted folder and from your servers, if any.

If there are no such records, then you must explicitly indicate so.

YOU MUST PRESERVE AND MUST NOT DESTROY ANY RECORDS CURRENTLY IN YOUR TRASH/DELETED FOLDER - WE WILL APPEAL ALL WITHHOLDINGS.

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

Sean Elsbernd and Office of the Mayor,

Furthermore, this is an immediate disclosure request for the contents of Sean Elsbernd's trash or deleted items or similar folder for their government and personal email/text/chat messages accounts (including all headers, timestamps, identity of participants, message bodies, metadata, attachments, images, and formatting, in their original electronic format), where any communicating party is another city employee or official or is any of Walter Wong, Harlan Wong, Melanie Lok, Irene Lok, Washington Wong, Florence Kong, Michael Tracy, Rudolph Dwayne Jones (Dwayne Jones), Dionjay Brookter, Harlan Kelly Jr., SFPD Chief William Scott, Jeff Kositsky, Mohammad Nuru, Alaric Degrafinried, Mary Ellen Carroll, Abigail Stewart-Khan, Sophia Kittler, London Breed, or Mason Lee. If such records are voluminous feel free to provide a listing of date/party/subject (or similar), and I can narrow the search. Nevertheless, you cannot destroy any records responsive to this request, for example by permanently deleting or emptying the trash.

Note that the City Attorney has opined that these kinds of "deleted" records are public, from the Good Govt Guide:

"Emails that are easily retrievable by the user must be searched in response to a public records request. This includes emails that have not been deleted; emails that have been put in the “Deleted Items” folder but have not been emptied from that folder (and hence are immediately retrievable); and emails that have been deleted and emptied from that folder but remain immediately retrievable by accessing the computer’s “Recover Deleted Items From Server” function."

You must recover whatever emails/text/chat messages are recoverable from your local trash/deleted folder and from your servers, if any.

If there are no such records, then you must explicitly indicate so.

YOU MUST PRESERVE AND MUST NOT DESTROY ANY RECORDS CURRENTLY IN YOUR TRASH/DELETED FOLDER - WE WILL APPEAL ALL WITHHOLDINGS.

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

Thank you. I look forward to the Mayor's responses as well.

Please note, for both the Mayor and Elsbernd, deleted messages may be stored, if they use iMessage/Messages/iPhone, on their iCloud account and/or on computer that they sync their iPhone to using iTunes. If they use Android, SMS/MMS messages may be backed up to their Google account, including Google Drive.

Please ensure you search these locations, including for Elsbernd if you did not do so previously.

To avoid any doubt, I'll issue this further request:

Furthermore, this is an immediate disclosure request for the contents of Sean Elsbernd's and London Breed's trash or deleted items or similar folder for their government and personal email/text/chat messages accounts **AND for the text/chat messages backed-up in their Apple/iCloud account, Google/Google Drive account, or iTunes/Messages computer app for their government and personal email/text/chat messages accounts** (including all headers, timestamps, identity of participants, message bodies, metadata, attachments, images, and formatting, in their original electronic format), where any communicating party is another city employee or official or is any of Walter Wong, Harlan Wong, Melanie Lok, Irene Lok, Washington Wong, Florence Kong, Michael Tracy, Rudolph Dwayne Jones (Dwayne Jones), Dionjay Brookter, Harlan Kelly Jr., SFPD Chief William Scott, Jeff Kositsky, Mohammad Nuru, Alaric Degrafinried, Mary Ellen Carroll, Abigail Stewart-Khan, Sophia Kittler, London Breed, Sean Elsbernd, or Mason Lee.

If such records are voluminous feel free to provide a listing of date/party/subject (or similar), and I can narrow the search. Nevertheless, you cannot destroy any records responsive to this request, for example by permanently deleting or emptying the trash.

Note that the City Attorney has opined that these kinds of "deleted" records are public, from the Good Govt Guide:

"Emails that are easily retrievable by the user must be searched in response to a public records request. This includes emails that have not been deleted; emails that have been put in the “Deleted Items” folder but have not been emptied from that folder (and hence are immediately retrievable); and emails that have been deleted and emptied from that folder but remain immediately retrievable by accessing the computer’s “Recover Deleted Items From Server” function."

You must recover whatever emails/text/chat messages are recoverable from your local trash/deleted folder and from your servers, if any.

If there are no such records, then you must explicitly indicate so.

YOU MUST PRESERVE AND MUST NOT DESTROY ANY RECORDS CURRENTLY IN YOUR TRASH/DELETED/BACKUP FOLDERS - WE WILL APPEAL ALL WITHHOLDINGS.

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

To confirm, both Elsbernd and the Mayor have no records for these requests?

Thanks,
Anonymous

Mayor London Breed,

This is an immediate disclosure request for all text, chat, or instant messages in any form (but not including email) regarding the conduct of public business in the possession of Mayor London Breed (including all names, text, images, attachments, dates, and times), other for the Dec 18-23 Nuru communications previously disclosed.

Sincerely,
Anonymous

Mayor London Breed,

This is an immediate disclosure request for all text, chat, or instant messages in any form (but not including email) regarding the conduct of public business in the possession of Mayor London Breed (including all names, text, images, attachments, dates, and times), other for the Dec 18-23 Nuru communications previously disclosed. Provide rolling responses.

Sincerely,
Anonymous

Sean Elsbernd,

This is an immediate disclosure request for all text, chat, or instant messages in any form (but not including email) regarding the conduct of public business on any government or personal accounts or devices (including all names, text, images, attachments, dates, and times), including any in trash or deleted folders or similar. Provide rolling responses. Do not destroy records that exist as of the time you receive this request.

Sincerely,

Anonymous

Andrea Bruss,

This is an immediate disclosure request for all text, chat, or instant messages in any form (but not including email) regarding the conduct of public business on any government or personal accounts or devices (including all names, text, images, attachments, dates, and times), including any in trash or deleted folders or similar. Provide rolling responses. Do not destroy records that exist as of the time you receive this request.

Sincerely,

Anonymous

Mayor London Breed,

This is an immediate disclosure request for all text, chat, or instant messages in any form and any app (including but not limited to SMS, MMS, text, iMessage, Teams, Discord, WeChat, QQ, Signal, Telegram, WhatsApp, Facebook, Facebook Messenger, Instagram, Hangouts, Meet, Slack, Skype, Viber, Snapchat, Line, Kik, FaceTime, Wickr Me, Chatroulette, Threema, KakaoTalk, Duo, GroupMe, Wire, Voxer, Allo, Tango, Bumble, Grindr, Tinder, Olive, Taimi, but NOT including email) regarding the conduct of public business on any government or personal accounts or devices (including all names, text, images, attachments, dates, and times), including any in trash or deleted folders or similar. Provide rolling responses.

Do not destroy records that exist as of the time you receive this request.

Since you are apparently destroying your records in this matter, but you are forced to retain records during a pending CPRA request, these will be continually requested until you cease your destruction of public records.

Sincerely,

Anonymous

Mayor London Breed,

This is an immediate disclosure request for all text, chat, or instant messages in any form and any app (including but not limited to SMS, MMS, text, iMessage, Teams, Discord, WeChat, QQ, Signal, Telegram, WhatsApp, Facebook, Facebook Messenger, Instagram, Hangouts, Meet, Slack, Skype, Viber, Snapchat, Line, Kik, FaceTime, Wickr Me, Chatroulette, Threema, KakaoTalk, Duo, GroupMe, Wire, Voxer, Allo, Tango, Bumble, Grindr, Tinder, Olive, Taimi, but NOT including email) regarding the conduct of public business on any government or personal accounts or devices (including all names, text, images, attachments, dates, and times), including any in trash or deleted folders or similar. Provide rolling responses.

Do not destroy records that exist as of the time you receive this request.

Since you are apparently destroying your records in this matter, but you are forced to retain records during a pending CPRA request, these will be continually requested until you cease your destruction of public records.

Sincerely,

Anonymous

Mayor London Breed,

This is an immediate disclosure request for all text, chat, or instant messages in any form and any app (including but not limited to SMS, MMS, text, iMessage, Teams, Discord, WeChat, QQ, Signal, Telegram, WhatsApp, Facebook, Facebook Messenger, Instagram, Hangouts, Meet, Slack, Skype, Viber, Snapchat, Line, Kik, FaceTime, Wickr Me, Chatroulette, Threema, KakaoTalk, Duo, GroupMe, Wire, Voxer, Allo, Tango, Bumble, Grindr, Tinder, Olive, Taimi, but NOT including email) regarding the conduct of public business on any government or personal accounts or devices (including all names, text, images, attachments, dates, and times), including any in trash or deleted folders or similar. Provide rolling responses.

Do not destroy records that exist as of the time you receive this request.

Since you are apparently destroying your records in this matter, but you are forced to retain records during a pending CPRA request, these will be continually requested until you cease your destruction of public records.

Sincerely,

Anonymous

Hank Heckel,

This is an immediate disclosure request for all text, chat, or instant messages in any form and any app (including but not limited to SMS, MMS, text, iMessage, Teams, Discord, WeChat, QQ, Signal, Telegram, WhatsApp, Facebook, Facebook Messenger, Instagram, Hangouts, Meet, Slack, Skype, Viber, Snapchat, Line, Kik, FaceTime, Wickr Me, Chatroulette, Threema, KakaoTalk, Duo, GroupMe, Wire, Voxer, Allo, Tango, Bumble, Grindr, Tinder, Olive, Taimi, but NOT including email) regarding the conduct of public business on any government or personal accounts or devices (including all names, text, images, attachments, dates, and times), including any in trash or deleted folders or similar. Provide rolling responses.

Do not destroy records that exist as of the time you receive this request.

Since your Office is apparently destroying records in this matter, but you are forced to retain records during a pending CPRA request, these will be continually requested until you cease your destruction of public records.

Sincerely,

Anonymous

Jeff Cretan,

This is an immediate disclosure request for all text, chat, or instant messages in any form and any app (including but not limited to SMS, MMS, text, iMessage, Teams, Discord, WeChat, QQ, Signal, Telegram, WhatsApp, Facebook, Facebook Messenger, Instagram, Hangouts, Meet, Slack, Skype, Viber, Snapchat, Line, Kik, FaceTime, Wickr Me, Chatroulette, Threema, KakaoTalk, Duo, GroupMe, Wire, Voxer, Allo, Tango, Bumble, Grindr, Tinder, Olive, Taimi, but NOT including email) regarding the conduct of public business on any government or personal accounts or devices (including all names, text, images, attachments, dates, and times), including any in trash or deleted folders or similar. Provide rolling responses.

Do not destroy records that exist as of the time you receive this request.

Since your Office is apparently destroying records in this matter, but you are forced to retain records during a pending CPRA request, these will be continually requested until you cease your destruction of public records.

Sincerely,

Anonymous

Andrea Bruss,

This is an immediate disclosure request for all text, chat, or instant messages in any form and any app (including but not limited to SMS, MMS, text, iMessage, Teams, Discord, WeChat, QQ, Signal, Telegram, WhatsApp, Facebook, Facebook Messenger, Instagram, Hangouts, Meet, Slack, Skype, Viber, Snapchat, Line, Kik, FaceTime, Wickr Me, Chatroulette, Threema, KakaoTalk, Duo, GroupMe, Wire, Voxer, Allo, Tango, Bumble, Grindr, Tinder, Olive, Taimi, but NOT including email) regarding the conduct of public business on any government or personal accounts or devices (including all names, text, images, attachments, dates, and times), including any in trash or deleted folders or similar. Provide rolling responses.

Do not destroy records that exist as of the time you receive this request.

Since your Office is apparently destroying records in this matter, but you are forced to retain records during a pending CPRA request, these will be continually requested until you cease your destruction of public records.

Sincerely,

Anonymous

Sean Elsbernd,

This is an immediate disclosure request for all text, chat, or instant messages in any form and any app (including but not limited to SMS, MMS, text, iMessage, Teams, Discord, WeChat, QQ, Signal, Telegram, WhatsApp, Facebook, Facebook Messenger, Instagram, Hangouts, Meet, Slack, Skype, Viber, Snapchat, Line, Kik, FaceTime, Wickr Me, Chatroulette, Threema, KakaoTalk, Duo, GroupMe, Wire, Voxer, Allo, Tango, Bumble, Grindr, Tinder, Olive, Taimi, but NOT including email) regarding the conduct of public business on any government or personal accounts or devices (including all names, text, images, attachments, dates, and times), including any in trash or deleted folders or similar. Provide rolling responses.

Do not destroy records that exist as of the time you receive this request.

Since your Office is apparently destroying records in this matter, but you are forced to retain records during a pending CPRA request, these will be continually requested until you cease your destruction of public records.

Sincerely,

Anonymous

Mayor London Breed and Office of the Mayor,

This is an immediate disclosure request for all communication in any form on any government or personal accounts or devices, including any in trash or deleted folders or similar, between NAOMI KELLY or HARLAN KELLY JR. on the one hand and any member of the Office of the Mayor on the other hand, AND also every reply or forward thereof (even if Kelly(s) are not a party to the reply or forward), from Nov 24, 2020 and present. Provide rolling responses. Provide exact copies in PDF form with all To/From/Cc/Bcc/Subject/Sent, images, attachments, message bodies. We are not yet requesting the remainders of the email header metadata, but we may do so later for some of the messages to forensically analyze them.

Do not destroy records that exist as of the time you receive this request.

Since your Office is apparently destroying records, but you are forced to retain records during a pending CPRA request, these will be continually requested until you cease your destruction of public records.

Sincerely,

Anonymous

No limitation on topic or date of Breed texts. I word my requests very carefully specifically to avoid specious arguments like you tried (and failed) to make at SOTF yesterday about a grid calendar view -- please follow the wording of my original requests. Whatever Breed texts about the conduct of public business existed as of the time/date of my request, I want them (I asked for similar on Nov 30 - no limitations on that earlier request either) -- but read the requests.

If you could provide a statement of quantity, form, existence of what I requested for each request on Nov 30 and today, I may narrow my search to produce less records if there were a tremendous number - but of course the Mayor purports to have suspended that provision of SFAC 67.21.... so how do we know how many there are?

If this is how I have to force you to stop destroying text messages, like calendars, by continually requesting them, then so be it.

Mayor Breed must preserve all documents and correspondence in a professional and businesslike manner (SFAC 67.29-7(a)). There is a pending appeal that will determine whether her behavior so far has met this legal requirement. (And no, that is not the same as a different 67.29-1 requiring compliance with retention policy; statutory interpretation rules require that we do not assume that two separate laws mean the same thing.)

I will appeal any withholding, redaction, or claim that any record is not public or that any public record is not disclosable - do not destroy any records pending the final adjudication of all appeals. Now, perhaps, with the FBI investigations you've all already stopped destroying records, it is unclear. But my goal still matters: You should stop destroying records because local law prohibits it, not merely when the FBI is investigating.

Sincerely,
Anonymous

Thank you Mr. Heckel for the prompt response - I'll ask every city department to turn over every employee's messages with Mr. Elsbernd and Ms. Breed if that's what it takes to get to the bottom of this.

And here's another request:

This is an immediate disclosure request for all of (Sean Elsbernd's, London Breed's, and Andrea Bruss's) text, chat, or instant messages in any form and any app (including but not limited to SMS, MMS, text, iMessage, Teams, Discord, WeChat, QQ, Signal, Telegram, WhatsApp, Facebook, Facebook Messenger, Instagram, Hangouts, Meet, Slack, Skype, Viber, Snapchat, Line, Kik, FaceTime, Wickr Me, Chatroulette, Threema, KakaoTalk, Duo, GroupMe, Wire, Voxer, Allo, Tango, Bumble, Grindr, Tinder, Olive, Taimi, but NOT including email) regarding the conduct of public business on any government or personal accounts or devices (including all names, text, images, attachments, dates, and times), including any in trash or deleted folders or similar. Provide rolling responses. No limitation by subject or date.

Do not destroy records that exist as of the time you receive this request.

Since your Office is apparently destroying records in this matter, but you are forced to retain records during a pending CPRA request, these will be continually requested until you cease your destruction of public records.

Sincerely,

Anonymous

And here's yet another request:

This is an immediate disclosure request for all of (Sean Elsbernd's, London Breed's, and Andrea Bruss's) text, chat, or instant messages in any form and any app (including but not limited to SMS, MMS, text, iMessage, Teams, Discord, WeChat, QQ, Signal, Telegram, WhatsApp, Facebook, Facebook Messenger, Instagram, Hangouts, Meet, Slack, Skype, Viber, Snapchat, Line, Kik, FaceTime, Wickr Me, Chatroulette, Threema, KakaoTalk, Duo, GroupMe, Wire, Voxer, Allo, Tango, Bumble, Grindr, Tinder, Olive, Taimi, but NOT including email) regarding the conduct of public business on any government or personal accounts or devices (including all names, text, images, attachments, dates, and times), including any in trash or deleted folders or similar. Provide rolling responses. No limitation by subject or date.

Do not destroy records that exist as of the time you receive this request.

Since your Office is apparently destroying records in this matter, but you are forced to retain records during a pending CPRA request, these will be continually requested until you cease your destruction of public records.

Sincerely,

Anonymous

Sean Elsbernd,

Please provide as an immediate disclosure request your copy of the attached public record texts disclosed by Commissioner Taylor.

--Anonymous

Supervisor of Records Dennis Herrera:

This is a petition under 67.21(d) with for different requests made from this email address:

1. I requested from Sean Elsbernd on Dec 18, 2020 before close of business his copies of the specific text messages disclosed by the Police Commission in EX 1, attached. He refuses to comply with my request as I have received no determination of disclosable public records nor extension nor any other response in 10 days as required by Gov Code 6253(c). Today is Dec 30.

2. On December 3 and 4th I requested various communications from London Breed and her staff. Breed, Cretan, Heckel, Elsbernd, and Bruss have all refused to comply with my requests, as I have received no determination of disclosable public records within the 10 + 14 day extension deadline under Gov Code 6253(c). Today is Dec 30.

Please determine in writing that one or more records or parts thereof not yet disclosed to me in these requests in public and order them disclosed.

--Anonymous

You and your staff have again completely failed to comply with the CPRA. As I petitioned to the Sup of Records:

"""
1. I requested from Sean Elsbernd on Dec 18, 2020 before close of business his copies of the specific text messages disclosed by the Police Commission in EX 1, attached. He refuses to comply with my request as I have received no determination of disclosable public records nor extension nor any other response in 10 days as required by Gov Code 6253(c). Today is Dec 30.

2. On December 3 and 4th I requested various communications from London Breed and her staff. Breed, Cretan, Heckel, Elsbernd, and Bruss have all refused to comply with my requests, as I have received no determination of disclosable public records within the 10 + 14 day extension deadline under Gov Code 6253(c). Today is Dec 30.
"""

As you know, in no circumstance can the City's response delay production unreasonably. 1 month with no records in rolling fashion is unreasonable.

Also the CPRA requires you to indicate whether the records are *disclosable* and an explanation. If records are not *discosable* (exempt) please explain (i.e. provide a justification).

Your office recently received a request "All City comms with Mr. Kelly's yahoo accounts - immediate disclosure request".
Please provide all further responses on this email address.

All of your responses will be available to the public on MuckRock.com

Thank you,
Anonymous

Andres Powers:

This is an immediate disclosure request for all text, chat, or instant messages (on any app, in any form, whether encrypted or not) on your government or personal devices or accounts with any City employee/official, Harlan Kelly Jr., Naomi Kelly, Juliet Ellis, Walter Wong, Mohammed Nuru - at any time or subject. Your peers and your Mayor claim to no longer have their texts. Let's see what you have. Provide exact copies including all text, formatting, sender/recipient identities, attachments, audio, video, images, date and time stamps.

This request is sent to you personally to ensure you have actual notice of this request, and that you DO NOT DESTROY ANY RESPONSIVE RECORDS. We will appeal all withholdings.

Sincerely,
Anonymous

Andres Powers:

This is an immediate disclosure request for all text, chat, or instant messages (on any app, in any form, whether encrypted or not) on your government or personal devices or accounts with any City employee/official, Harlan Kelly Jr., Naomi Kelly, Juliet Ellis, Walter Wong, Mohammed Nuru - at any time or subject. Your peers and your Mayor claim to no longer have their texts. Let's see what you have. Provide exact copies including all text, formatting, sender/recipient identities, attachments, audio, video, images, date and time stamps.

This request is sent to you personally to ensure you have actual notice of this request, and that you DO NOT DESTROY ANY RESPONSIVE RECORDS. We will appeal all withholdings.

Sincerely,
Anonymous

Please provide all emails, texts, chats, or instant messages to, from, cc, or bcc PGiusti@recology.com or Paul Giusti in your office or your employee's personal accounts. Given today's overcharging suit against Recology and the charges against Giusti, all such communications are presumed to be about the conduct of public business. We have some of these records and know that the Mayor's Office was included on all of them.

Provide rolling responses and exact PDF copies of all record; preserving all attachments, images, audio, video, To/From/Cc/Bcc email addresses, hyperlinks, urls, formatting.

There is no limitation on subject matter or date/time below.

1. This is an immediate disclosure request for all texts, chats, or instant messages, of any kind, in any app, IN A DELETED OR TRASH FOLDER OR STATE (but not yet permanently deleted) for Sean Elsbernd on your personal or government accounts.

2. This is an immediate disclosure request for all texts, chats, or instant messages, of any kind, in any app, not in a trash/deleted folder for Sean Elsbernd on your personal or government accounts.

You need to actually search when I make a request. It's possible you didn't delete something or it hasn't yet been deleted.

It appears from this attachment that Hank Heckel may be just assuming that at any given moment you don't have anything due to your deletion policy, but it is possible that at the time you receive this request you have some form of communication I am requesting.

--Anonymous

Hank Heckel:

Please provide as exact PDF copies all email in the "sullivan v mayor breed 5 supplement proclamation complaint" thread.

Hah - Looks like "HDizz" scooped me! Office of the Mayor: please provide all text messages pictured here: https://twitter.com/dizz_h/status/1370119689150472196

--Anonymous

Is this a completed response to the March 4 Giusti request from this email address?

Office of the Mayor:

Some of these records are exact PDF copies.... some are copy pastes of email from some other program.... some are Outlook style with no email addresses. Your office has gone back to its old non-compliance. Complaints will be filed. Now I see why you aren't willing to enter into settlement agreements accepting that you will voluntarily comply *always*.

Why an Office would provide records in multiple formats in one request is baffling.
Why not just do what DPW does? Have IT staff search the central email servers and produce the records uniformly? Why do you let each employee seemingly do whatever they want?

--Anonymous

So that's what is happening... each employee, even on work computers, is just giving whatever record they individually feel like giving up however they individually feel like producing it.

The issue is indeed not metadata/headers/etc.
Here is the request excerpt: "Provide rolling responses and exact PDF copies of all record; preserving all attachments, images, audio, video, To/From/Cc/Bcc email addresses, hyperlinks, urls, formatting."

Consider this record - https://cdn.muckrock.com/foia_files/2021/03/26/Paul_G_1.pdf - no email addresses at the top. Why? Who knows.

And what's going on in this record? https://cdn.muckrock.com/foia_files/2021/03/26/Re__.pdf - random redactions at the end of each person's name?

Mr. Heckel - we can continue to re-litigate issues you and the Mayor will continue to lose over and over again, if this is what your office insists on. Your Office *chooses* not to make records production systematic and consistent. Of course if you made a standardized records search (which is certainly possible via IT), it would be a lot harder for each employee to hide whatever record they individually want to, so I can see why you may want to do that.

You are not going to succeed in forcing me to give up on issues I have already won. Your office must learn its lessons and change its behavior. Anything less is simply willful failure to implement the Ordinance.

--Anonymous

You again claim that mere formats are the issue- they are not. This is a strategy by you and Herrera to make it seem like what I am arguing for is meaningless. If all of the *information* in the record was produced, I can always convert formats myself. But the *information* (which has been repeatedly been ruled disclosable) is missing.

There is never any excuse not to provide all disclosable public information. Remember most other requesters don't even know that you have been, for example, withholding BCC's from them on any email having one. And you have never told them. This lack of informing a requester of withholding is itself a violation of the law. How can they be upset if they don't know you withheld something unlawfully? No one has to *ask* you for BCC's - they are simply part of the email.

The problem is that your office (and of course the City Attorney's office) is unwilling to standardize or centralize its records production process. If it did, using policy, technology, or both, then the person managing the process (you, I assume) could actually quality control the process and ensure a full implementation of every part of the Ordinance for every person. Or you could use an off the shelf solution like NextRequest or its various competitors.

In fact, one would think that *not* having each employee with other duties rummage through their government email would be better for their ability to conduct other business without interruption. Then only you or IT staff have to review the (government account) records. I can only assume there is some motivation *not* to standardize and centralize and instead let each employee have a fiefdom over their own *government* emails.

Your office is unwilling to make changes that would produce more lawfully disclosable information to all persons who make a request.
That refusal to make systemic change is intentional. And thus is an intentional refusal by your boss to fully implement the Sunshine Ordinance in her department, as she is required to do under Admin Code 67.34.

Your office has never shown that it would even be willing to make systemic change. Or provided a timeline for doing so. Or an explanation of why it is more compliant with law to not do so. Instead your effort is to placate me individually to make me go away and stop appeals -- and that strategy is your office's choice. But the point, and my goal which I will stick to, is to force compliance with the law in general, not for one person.

--Anonymous