Request #19-4150
  Open

October 8, 2019

Department of Public Works ,

** Note that all of your responses (including disclosed records) may be automatically and instantly available to the public on the MuckRock.com service used to issue this request (though I am not a MuckRock representative). Redact your responses correctly - once you send them to us there is no going back. **

This is a new Immediate Disclosure Request under the San Francisco Sunshine Ordinance and the CPRA, made on October 8, 2019 re: your department head's calendars. This is also a 67.21(c) request for the statement of quantity, nature, and form (even if exempt!) for each of #1, 2, and 3, within 7 days without extension. For the quantity of #1, I would like the number of meetings, each of which is an item being requested.

Mr. Heckel, Compliance Officer for the Mayor, made an intriguing assertion at the full SOTF hearing for Case 19047. While the task force ruled against the Mayor for *prior* calendar records, Mr. Heckel appeared to argue that all future meetings of the Mayor are somehow completely secret (the SOTF did not rule on future meetings since they were not requested in 19047). I will be testing that purported claim of exemption. Note that it is implausible that there would be no prospective scheduling information for upcoming events your department head must attend to, even though Prop G requires no such calendar be kept.

All calendars, whether Prop G or not, that your agency prepared, owned, used, or retained re: the public's business are public records (see SOTF 19047, see also, Sup. of Records response of Sept. 6, citing the Good Government Guide).

I suspect your office may attempt to use Gov Code 6254(f). The entirety of a future schedule cannot possibly be confidential law enforcement investigatory records under GC 6254(f). This exemption does not even exist for your office, which is not “the office of the Attorney General [or] the Department of Justice, the Office of Emergency Services [or] any state or local police agency” so the first clause re: security procedures does not apply. Furthermore a calendar cannot be “investigatory or security files compiled by any other state or local agency for correctional, law enforcement, or licensing purposes.” This would an absurd stretch of the words of the statute; every meeting is not "for correctional, law enforcement, or licensing purposes." Information regarding the security detail for the department head may potentially be lawfully withheld under 6254(f) - but there is a lot more to a calendar than a security detail, such as normal political and policy meetings. I don't care about the security detail, and you may exclude the security detail info from responsive records. If you believe certain parts of a meeting record are redactable under 6254(f) or otherwise you must only redact each minimal portion and cite each justification.

All records must be provided in rolling fashion. If you use a web portal you must make all records available completely publicly , without any form of login or terms and conditions.

Please read carefully the exact wording of my request as it is different than my prior ones. Please follow the Ordinance precisely as I am auditing your agency's public records regimen; as you are well aware, every violation of the Sunshine Ordinance will be appealed.

Please provide:
1a). IMMEDIATE DISCLOSURE: an electronic copy of the department head's *prospective/expected* calendar or schedule, with all expected events/items, from Oct 21 to Oct 28, 2019 (inclusive). Calendar items must include (but are not limited to): the exact start and end time of the meeting, the location, the title, all invitees and whether they accepted or not, attachments, inline images, if they exist in the record. We are specifically requesting ALL calendar/scheduling items, individually, for the department head, whether the department head themselves possesses them or their staff, whether they are labeled "Prop G" or not, and whether they are on a computer or in physical form (such as a diary, a physical calendar on a wall, etc.). You are welcome to virtually print/export
each item (not the summary view) directly to .PDF form in Outlook and redact them. Do not cutoff information like long text that does not fit on the screen - that would be unjustified withholding. In order to ensure immediacy of disclosure, in this and only this request, .ics format and headers are NOT specifically requested (though you are welcome to provide them if it can be provided immediately). Do NOT physically print and re-scan records

1b). IMMEDIATE DISCLOSURE: an electronic copy of the department head's calendar or schedule, with all events/items, from Sep 30 to Oct 7, 2019 (inclusive). Calendar items must include (but are not limited to): the exact start and end time of the meeting, the location, the title, all invitees and whether they accepted or not, attachments, inline images, if they exist in the record. We are specifically requesting ALL calendar/scheduling items, individually, for the department head, whether the department head themselves possesses them or their staff, whether they are labeled "Prop G" or not, and whether they are on a computer or in physical form (such as a diary, a physical calendar on a wall, etc.). You are welcome to virtually print/export
each item (not the summary view) directly to .PDF form in Outlook and redact them. Do not cutoff information like long text that does not fit on the screen - that would be unjustified withholding. In order to ensure immediacy of disclosure, in this and only this request, .ics format and headers are NOT specifically requested (though you are welcome to provide them if it can be provided immediately). Do NOT physically print and re-scan records.

 

Please provide only those copies of records available without any fees. If you determine certain records would require fees, please instead provide the required notice of which of those records are available and non-exempt for inspection in-person if we so choose.

I look forward to your immediate disclosure.

Sincerely,
Anonymous


Received

October 8, 2019 via email


Departments

Public Works

Documents

Public

(loading...)

Staff

Point of Contact

David A. Steinberg

Document(s) Released   Details Public
10.02.19 Briefing Maxine Hall Health Center Ground Breaking.pdf
10.2.19 Office.pdf
10.2.19 Attendees CCSF BART Quarterly Meeting #2.PNG
10.2.19 Attendees CCSF BART Quarterly Meeting.PNG
10.2.19 Attendees Mohammed + Darlene Frohm check-in.PNG
10.2.19 Attendees Mohammed + Patrick Rivera.PNG
10.2.19 Attendees Mohammed Nuru + Judson True.PNG
10.2.19 CCSF BART Quarterly Meeting.pdf
10.2.19 John Thomas.pdf
10.2.19 Mohammed + Darlene Frohm check-in.pdf
10.2.19 Mohammed + Patrick Rivera.pdf
10.2.19 Mohammed Nuru + Judson True.pdf
10.02.19 Attendees Briefing Maxine Hall Health Center Ground Breaking.PNG
10.02.19 Attendees IDC-BSM Weekly Meeting with Mohammed.PNG
October 15, 2019, 12:05pm
Document(s) Released   Details Public
09.30.19-Dijaida Durden.pdf
09.30.19-Julian Pham.pdf
09.30.19-Keep Open PM.pdf
09.30.19-Keep Open.pdf
09.30.19-Process Improvement Training for Leadership & Sponsors.pdf
09.30.19- Beth Rubenstein.pdf
09.30.19- Clinton Otwell.pdf
09.30.19-Attendees-Process Improvement Training for Leadership & Sponsors.PNG
09.30.19-Christopher Koh.pdf
09.30.19-CPC Meeting.pdf
09.30.19-David Steinberg.pdf
October 10, 2019, 3:57pm
Due Date Changed Public
10/23/2019 (was 10/09/2019). Extension
October 9, 2019, 4:01pm
Due Date Changed Public
10/09/2019 (was 10/18/2019). IDR
October 8, 2019, 11:48am
Department Assignment Public
Public Works
October 8, 2019, 11:41am
Request Opened Public
Request received via email
October 8, 2019, 11:41am