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From:
PRO-SF [mailto:home@prosf.org]
Sent:
Friday, November 17, 2006 10:31 AM
To:
home@prosf.org
Subject:
Protect Your Executive or Legislative "Prerogative": Deputy City AttorneyInstructional Letter: #06019_SFSM vs Mayors Office
From:
Christian Holmer[mailto:mail@csrsf.com]
Sent:
Friday, November 17, 2006 9:51 AM
To:
 Gavin.Newsom@sfgov.org; 'Darlene Chiu'; 'David Miree'; 'Jennifer Petrucione'; 'Joe Arellano'; 'MatthewGoudeau'; 'Peter Ragone'; 'Steve Kawa';Ernest.Llorente@sfgov.org;Linda.Ross@sfgov.org; Buck.Delventhal@sfgov.org; 'Dorji Roberts'; 'Matt Dorsey';Mariam.Morley@sfgov.org; 'Wayne Lanier'; Frank.Darby@sfgov.org 
Cc:
'San Francisco Board of Supervisors'; 'Jake McGoldrick'; 'Michela Alioto-Pier'; 'Aaron Peskin'; 'Fiona Ma';Ross.Mirkarimi@sfgov.org; 'Marc Salomon';Chris.Daly@sfgov.org; 'Marc Salomon'; 'Sean Elsbernd'; 'Bevan Dufty';tom.ammiano@sfgov.org; 'Sophie Maxwell'; 'Gerardo Sandoval';Dougcoms@aol.com;elc@lrolaw.com; 'Richard A. Knee';bruce@brucewolfe.net; 'Regional and Local SFSM Press List';home@prosf.org; 'Gloria Young'
Subject:
Protect Your Executive and Legislative Prerogative: Deputy City Attorney Instructional Letter:#06019_SFSM vs Mayors Office
SFSM Comments on CAO DCA Memorandum in Red Below.Christian Holmer,SFSM Editor SFSM 2005 Sunshine Data Request Related CorrespondencePursuant to BOS Resolution #040684P: 415-387-7405F: 415-387-5904E: 
 W: 
From: SOTF[mailto:sotf@sfgov.org] Sent: Thursday, November 16, 2006 8:47 AMTo: Christian Holmer mail@csrsf.com; Darlene Chiu; David Miree;gavin_newsom@sfgov.org; Jennifer  Petrucione; Joe Arellano; Matthew Goudeau; Peter Ragone; Steve KawaSubject: Deputy City Attorney Instructional Letter: #06019_SFSM vs Mayors OfficeAttached is a copy of the Deputy City Attorney Instructional Letter to theTask Force regarding the above titled complaint.(See attached file: 06019_CA Instructional.pdf)Frank Darby, Jr.Administrator Sunshine Ordinance Task Force
 (415) 554-7724CITY AND COUNTY OF SAN FRANCISCODENNIS J. HERRERACity Attorney November 15, 2006MEMORANDUM
 
OFFICE OF THE CITY ATTORNEYERNEST H. LLORENTEDeputy City Attomey(4151 554 -4236E-Mail Erenest.Llorente@sfgov.orgSAN FRANCISCO SURVIVAL MANUAL ON BEHALF OF DR. WAYNE LANIER V THE MAYOR'SOFFICE COMPLAINT THE COMPLAINANT ALLEGES THE FOLLOWING FACTS:On March 3, 2006, Dr. Wayne Lanier ("Lanicr") made a public records request for infornation from theMayor's calendar and any and all information relating to the drafting and passage of Ordinance Section 179-05.1,anier made numerous follow up requests, by e-mail for the same information. On October 20, 2006, ChristianHolmer, Editor of the San Francisco Survival Manual ("SFSM") on behalf of Lanier filed a complaint againstthe Mayors office alleging that the Mayor's Office failed to release the documents that Lanier requested.THE RESPONDENT AGENCY STATES THE FOLI.OWING:On November 14. 2006, Joseph Arrellano ("Arrellano"), representative from the Mayor's Office. appeared before the Complaint Committee. Arrellano stated that the Mayor's Office did not respond to the March requestin a timely fashion due to a staff member assigned to handle public records requests leaving the office and thatno one handled the requests for several months.
(SFSM Response in the Text of E-Mail Posting in Which this Searchable PDF Resides)
This complaint has been handled by every member of the MOC. The Chief of Staffs Office etc.Francisco Castillo (Arrellanos predecessor) was only one of them. Before that it had also been handled byDarlene Chiu (who also lost all of her records shortly before going to work for PG & E). This Departmental (Inthis case the MOC) Shell Game with current, future and past employees.Most of the last 4 months Mr. Arrellano has been “getting up to speed” on this simple two part request(four sentences in all).Elective Organizational Restructuring (say in advance of an operations or management audit or subsequent publicrecords request for example) is another common tactics used to thwart obfuscate and deny legitimate and whollynon-burdensome requests for Existing Electronic Records Which Take No Staff Time To Create. Find, Point,Click, Send.Arrellano stated that the Office is now responding to the Lanier request, "Me Office has provided calendars for the period of March 3, 2006 through July 13, 2006 and is in the process of compiling and reviewing the calendarsfrom July 14, 2006 to November 6, 2006.(SFSM Response in the Text of E-Mail Posting in Which this Searchable PDF Resides)This Supplemental Calendar submission was promised to us by Frank Darby (SOTF Admin) on behalf of JoeArrellano (MOC) for Gavin Newsom (Mayor) by Close of Business Thursday November 9
th
. Never Arrived Saythey’re working on it. Can we say Incremental Delivery COB (Close of Business – Not Clerk of the Board ;-)).Arrellano stated that the Mayor's calendar is electronically maintained that self deletes after a certain period of time.(SFSM Response in the Text of E-Mail Posting in Which this Searchable PDF Resides)But Mr Arrellano could not specify the period of the “deletion interval” and could (or would) not confirm theMayors Calendaring software as other Department Heads willingly have.
 
The Mayor's Office is looking into how it can better retrieve materials that are public records. Arrcllano alsospoke of the privacy issues involving parties that arc not involved with the business of the City and County of San Francisco but have their private information on the calendar. The Mayor's Office will report on how they arehandling that information at the full task force meeting.COMPLAINT COMMITTEE ACTION:Based on the testimony received at the Complaint Committee hearing, the Committee added the alleged violationof failure to respond to a public records request in a timely fashion.MemorandumSunshine Ordinance § 67.21 addresses general requests for public documents.Sunshine Ordinance § 67.25 addresses Immediate Disclosure Requests.Sunshine Ordinance § 67.26 deals with redaction of records.Sunshine Ordinance § 67.27 addresses legal justification for withholding of records.Sunshine Ordinance § 67.29.5 requires Mayor to maintain a daily calendar that is a public record.Sunshine Ordinance § 67.29-7 requires the Mayor to maintain and preserve documents and correspondence.State Government Code § 6253 addresses requests for public records.State Goveniment Code § 6255 addresses legal justification for withholding of records.APPLICABLE CASE LAW:noneISSUES TO BE DETERMINED1. FACTUAL ISSUESA. Uncontested Facts:The parties agree to the following facts:- Lanier requested records from the Mayor's Office- The Mayor's Office did not respond in a timely mkanner but are now working on providing the materials.(SFSM Response in the Text of E-Mail Posting in Which this Searchable PDF Resides)They’ve Been “working” for 245 Days. What is this a DPW Implemented RPD Capital Project? (Ha Ha)First Point of “Incremental Delivery” for MOC November 7
th
2006 (235 Days). - The Mayor's Office will be withholding or redacting information that is private and not subject to disclosure.(SFSM Response in the Text of E-Mail Posting in Which this Searchable PDF Resides)Perhaps the Mayor should Keep a separate Calendar for “Personal” Meetings in or outside City HallRegularly Release Calendar for “Public” Meetings to us As Requested (Including those meetings held in privateor public settings) with care taken to identify both the “Private” and “Public” Participants at those “PublicMeetings” Whose Substantial Purpose is to Advance Mayor Newsoms Political and Administrative Agenda for Our City and County of San FranciscoThen the CAO will only have to spend time ($$$) selectively “unredacting” from among fewer items in Newsoms Now Wholly Separate “Personal” Calendar (now distinct from Newsoms Now Wholly Separate, andnow instantly releasable “Public” Calendar - as with any and all meeting conducted in City Hall or City Offices).B. Contested facts/ Facts in dispute:The Task Force must detennine what facts are true.i. Relevant facts in dispute: Whether there are notations and/or entries on the Mayor's Calendar that are exemptfrom disclosure.(SFSM Response in the Text of E-Mail Posting in Which this Searchable PDF Resides)As in Meetings Conducted in City Hall or City Offices?
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