Email retention policies (Santa Cruz County District Attorney) • MuckRock

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Communications

From: Chad Loder

02/17/2023

Subject: California Public Records Act Request: Email retention policies (Santa Cruz County District Attorney)

To Whom It May Concern:

Pursuant to the California Public Records Act, I hereby request the following records:

Hello, pursuant to California's Public Records Act, I am looking for the following:

1. The District Attorney's general retention period for emails. I will accept a plain and simple explanation of the email retention period in lieu of production for this numbered item.
2. The District Attorney's office current policies and guidelines related to records management, retention, and disposition.
3. The current, complete Master Records Schedule for the District Attorney's office, or equivalent master index of records.
4. The most recent version of California State form STD. 70 (Records Inventory Worksheet) for the District Attorney's office
5. The current Department Retention File plan for the District Attorney's office, or equivalent documents
6. All in-house requests to delete or destroy records for the dates Sep 1, 2022 through Feb 17, 2023
7. Information sufficient to determine how the DA's office performs email searches when searching for public records. I would like to understand what kinds of keyword searches can be performed, especially advanced or so-called "boolean" searches.
8. Information sufficient to determine the technical limitations of the aforementioned system(s) for searching emails when it comes to searching and exporting results, such as the maximum number of records that can be exported for a single search and the maximum file size that can be exported for a single search.
9. Information sufficient to determine the processes and tools used by the DA's office to redact sensitive information before returning records. I do not need policy documents that explain the legal bases for redacting; only the records that explain HOW redaction is carried out.

For numbered items 7, 8, and 09, production should include, without limitation, technical manuals, vendor documentation, trainings, FAQs, and tutorials.

If any of these items are maintained in electronic format, that's the format I need them in.

This request is made for noncommercial purposes and in the public interest.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 calendar days, as the statute requires.

Sincerely,

Chad Loder

From: Muckrock Staff

02/27/2023

Subject: RE: California Public Records Act Request: Email retention policies (Santa Cruz County District Attorney)

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. 21, 2023. 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: Santa Cruz County District Attorney

03/03/2023

Subject: California Public Records Act Request: Email retention policies (Santa Cruz County District Attorney)

Good morning,

The County of Santa Cruz District Attorney's Office ("County") is in receipt of your e-mail dated February 21, 2023, respectively, requesting public records under the California Public Records Act (the "Requests"). We are responding within the 10-day deadline set out by Government Code section 7922.535. We note that the Requests are limited only to records maintained in the normal course of business by the County and records that are in the County's custody and control.

Please note that we will not produce records that are privileged or otherwise exempt from disclosure pursuant to California Government Code section 7927.200 and 7927.705. This includes documents protected by the attorney-client privilege, attorney work product, and official information privileges.

No preliminary drafts or memorandum not normally kept in the ordinary course of business will be produced pursuant to California Government Code section 7927.500. Records concerning real estate appraisals for pending acquisitions are also exempt from disclosure under California Government Code section 7928.705.

We will not produce documents that are subject to copyright protections, contain trade secrets, and/or proprietary and/or confidential information. See California Government Code sections 7922.570-7922.580, 7927.705, 7922.585; California Evidence Code section 1060.

Moreover, we will not produce documents exempt from disclosure under the deliberative process privilege. See Times Mirror Co. v. Superior Court (1991) 53 Cal.3d 1325.

No documents will be produced where "the public interest served by not disclosing the record clearly outweighs the public interest by the disclosure of the record" under California Government Code section 7922.000. Additionally, no documents will be produced if they contain personnel, medical, private, confidential, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy under California Government Code section 7927.700 and/or the Health Insurance Portability and Accountability Act of 1996. And, to the extent any of the records you are requesting are the subject of ongoing litigation and/or pending investigations, and/or are law enforcement investigatory records, such records are exempt from production. See Government Code sections 7927.200, 7923.600-7923.625.

In addition, no documents or records will be produced to the extent such a production would violate California Penal Code §§ 832.7, 832.8, 11076, California Civil Code § 129, California Welfare and Intuitions Code §§ 827, 828, 831, California Business and Professions Code § 805, or California Evidence Code § 1043.

Furthermore, as we review your Requests, we may discover other applicable privileges and/or exemptions under the Government Code or other applicable state or federal laws, and we reserve all rights to assert those at any time.

At this time, the County responds to your Requests as follows:

Request #1: The District Attorney's general retention period for emails. I will accept a plain and simple explanation of the email retention period in lieu of production for this numbered item.

Title VI, Section 471 - E-mail Use and Retention Policy (clean copy)<http://sccintranet/Portals/0/PolandProc/ProceduresManual/PM6471.pdf>

Request #2: The District Attorney's office current policies and guidelines related to records management, retention, and disposition.

300 - Government Code Sections on Records Retention and Dispensation<http://sccintranet/Portals/0/PolandProc/ProceduresManual/PM4300.htm>

400 - Destruction of Records<http://sccintranet/Portals/0/PolandProc/ProceduresManual/PM4400.htm>

Request #3: The current, complete Master Records Schedule for the District Attorney's office, or equivalent master index of records.