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CITY AND COUNTY OF SAN FRANCI SCO
OFFICE OF THE CITY ATTORNEY
DENNI S J. HERRERA
City Attorney
ERNEST H. LLORENTE
Deput y Cit y At t orney
DI RECT DIAL:
(415) 554-4236
E- MAIL:
ernest .llorent e@sf gov.org
MEMORANDUM
FOX PLAZA\u00b71390 MARKET ST REET, SEVENTH FLOOR\u00b7 SAN FRANCI SCO, CALIFORNIA 94102-5408
RECEPTI ON: (415) 554-3900\u00b7 FACSIMILE: (415) 554-3985
q: \ sot f _current \ 1_complaint s\ 2008\ 08003_holmer v mayor's of f ice\ 08003_ca inst ruct ional . doc
February 15, 2008
CHRISTIAN HOLMER v. MAYOR'S OFFICE (08003)
COMPLAINT
THE COMPLAINANT ALLEGES THE FOLLOWING FACTS:
During the latter part of 2007 and the beginning of 2008, Christian Holmer has been
making daily Immediate Disclosure Requests for the Mayor's previous day's press releases.
COMPLAINANT FILES COMPLAINT

On January 10, 2008, Complainant Christian Holmer filed a complaint against the
Mayor's Office alleging violations of sections 67.21(l), 67.21-1, 67.24, 67.25 of the Sunshine
Ordinance and State Government Code Section 6253.9 for its alleged failure to provide next day
press releases.

APPLICABLE STATUTORY SECTIONS:
1.
Sunshine Ordinance, San Francisco Administrative Code Section 67.21 addresses
general requests for public documents including records in electronic format.
2.
Sunshine Ordinance, San Francisco Administrative Code Section 67.21-1 addresses
the policy regarding the use and purchase of computer systems.
3.
Sunshine Ordinance, San Francisco Administrative Code Section 67.25 deals with
Immediate Disclosure Requests.
4.
Sunshine Ordinance, San Francisco Administrative Code Section. 67.26 deals with
withholding kept to a minimum.
5.
Sunshine Ordinance, San Francisco Administrative Code Section. 67.27 deals with
justification for withholding.
6.
California Public Records Act, Government Code Section 6253.9 deal with
information in an electronic format.
CITY AND COUNTY OF SAN FRANCI SCO
OFFICE OF THE CITY ATTORNEY
Memorandum
Q: \ SOTF_CURRENT\ 1_COMPLAI NTS\ 2008\ 08003_HOLMER V MAYOR'S OFFI CE\ 08003_CAI NST RUCTI ONAL.DOC
2
7.
California Public Records Act, Government Code Section 6253 deals with public
records open to inspection, agency duties, and time limits.
8.
California Public Records Act, Government Code Section 6255 deals with
justification for withholding of records.
APPLICABLE CASE LAW:
none
ISSUES TO BE DETERMINED
1.
FACTUAL ISSUES
A.
Uncontested Facts:
The parties agree to the following facts:
\u2022
Christian Holmer has been making daily immediate disclosure requests for the
Mayor's previous day's press releases
B.
Contested facts/ Facts in dispute:
The Task Force must determine what facts are true.
i.
Relevant facts in dispute:
Whether the Mayor's Office complied with the public record's request.
2.
QUESTIONS THAT MIGHT ASSIST IN DETERMINING FACTS:
a.).
none.
3.
LEGAL ISSUES/ LEGAL DETERMINATIONS:
\u2022
Were sections of the Sunshine Ordinance (Section 67.21 or 67.25), Brown Act,
and/or Public Records Act were violated?
\u2022
Was there an exception to the Sunshine Ordinance, under State, Federal, or case
law?
CITY AND COUNTY OF SAN FRANCI SCO
OFFICE OF THE CITY ATTORNEY
Memorandum
Q: \ SOTF_CURRENT\ 1_COMPLAI NTS\ 2008\ 08003_HOLMER V MAYOR'S OFFI CE\ 08003_CAI NST RUCTI ONAL.DOC
3
CONCLUSION
THE TASK FORCE FINDS THE FOLLOWING FACTS:
THE TASK FORCE FINDS THAT THE ALLEGED VIOLATIONS TO BE TRUE OR NOT
TRUE.
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