Marty Plisch and Curtis Havel Communications
| Submitted | April 25, 2021 |
| Est. Completion | None |
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Communications
From: Robbie Powelson
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
All emails sent by Marty Plisch to Curtis Havel of the Richardson Bay Regional Agency between August 18th 2019 to April 25th, 2021
All emails received by Marty Plisch from Curtis Havel of the Richardson Bay Regional Agency August 18th 2019 to April 25th, 2021
All text messages, voicemails, or phone call time stamps of any and all telephonic communications between Marty Plisch and phone number 415-971-3919 between August 18th 2019 to April 25th, 2021.
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 20 business days, as the statute requires.
Sincerely,
Robbie Powelson
From: US Army Corps of Engineers - San Francisco District
Hello Robbie Powelson,
We are in receipt of your request. Your FOIA Request No. is FA-21-0060 for your future reference.
A search of the agency records at this office has been initiated. We are making every effort to expedite the processing of your request, however, due to the volume of requests being handled by this office you may experience some delay. Your FOIA request is being handled as equitably as possible, and any releasable records will be made available at the earliest possible date.
Best,
Aubrey Patts
Paralegal Specialist
USACE, San Francisco District
Phone:(415)503-6758
Fax: (415) 503-6686
Aubrey.C.Patts@usace.army.mil<mailto:Aubrey.C.Patts@usace.army.mil>
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From: US Army Corps of Engineers - San Francisco District
Hello MuckRock News on behalf of Robbie Powelson,
Please see attached for our agency's final response and responsive documents to your FOIA Request No. FA-21-0060 .
We appreciate your patience.
Best,
Aubrey Patts
Paralegal Specialist
USACE, San Francisco District
Phone:(415)503-6758
Fax: (415) 503-6686
Aubrey.C.Patts@usace.army.mil<mailto:Aubrey.C.Patts@usace.army.mil>
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From: Robbie Powelson
Thank you for your work on this.
The records USACE has produced strongly suggest that Mr. Plisch has the responsive telephonic records such as voicemail and text messags. In a January 23rd email from Harbormaster Curtis Havel present in the documents you provided, Mr. Havel explicitly states he received text message from Mr. Plisch. Therefore, somewhere, these records exist.
Also of point, the only email Mr. Plisch deleted were extremely relevant ongoing litigation between City of Sausalito and the California Homeless Union. They were damaging to the credibility of the City's evidence on air sampling, and called into question the credibility of USACE Debris Yards professed safe air quality. The deleted emails were so relevant, they were used in a May 14th evidentiary hearing in the courtroom of Judge Edward Chen of the Northern California Federal District Court related to air quality sampling at the Sausalito debris yard.
We are grateful that email was yielded in our FOIA request. However that it was the only email deleted by Mr. Plisch could suggest his own consciousness that the record was damaging and a misguided attempt at suppressing it. If he attempted to suppress that record, it is not unreasonable to suppose he is suppressing other records he finds unfavorable.
Because of the records produce suggest that text messages exist, and because the records produced suggest Mr. Plisch may be consciously suppressing responsive records, I appeal that USACE take all necessary steps to recover the responsive records of text messages and voicemails between Mr. Plisch and Harbormaster Curtis Havel. If these records were improperly destroyed, then steps should be taken to recover them and to provide evidence of their destruction.
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