File No. 18048 -----'----'---'-...::---- Item No.5
SUNSHINE ORDINANCE TASK FORCE AGENDA PACKET CONTENTS LIST
-=C-=o.:...:m..:.~P::.:.I::.:ai:..:..:n~c-=e-=a:..=..n!..::d:.....:A:....:;m:..:..=-=e~n~d.:...:m.:..::e:..:..m:.:..t==s:...;C=-o.=.:m:.:..::.:..=m~i-=-=tt:.=:e.=.e ___Date: July 17, 2018
~ Petition/Complaint & Supporting Page:£ c( Documents ~ Memorandum - Deputy City Attorney Page:\~q/ Respondent's Response Page: i'-\ ~ ~ Correspondence Page:_ D Order of Determination Page:_ D Minutes Page:_ D Administrator's Report Page:_ D No Attachments
OTHER D D D D D D D D D
Completed by: _ ____;;C:....:.·--=L::...::e_...,gc..;::.e_;_r ______Date 07/9/18
*An asterisked item represents the cover sheet to a document that exceeds 25 pages. The complete document is in the file.
P127 SUNSHINE ORDINANCE TASK FORCE 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco CA 94102 Tel. (415) 554-7724; Fax (415) 554-7854 http://www.sfgov.org/sunshine SUNSHINE ORDINANCE COMPLAINT FORM
Complainant Name (Optiona~ F\ e be..cco-.. Pe,c.._c ou )(
Date of Request: 5/ ~I 'J,D/1?
Please identify the City Officiai(s) and/or Empioyee(s) against whom the complaint is being made:
Please identify the Officials' and/or Employees' Board, Commission, Task Force, Department or other type of agency. \3oCI.rd of- 50e-e..rv!:> or>
Name of the Custodian of Records tasked with providing the requested information: 1\J A
Alleged violation of public records access Alleged failure to provide information in a timely manner in accordance with the provisions of the Sunshine Ordinance Alleged violation of a public meeting Please indicate date of meeting If known
Sunshine Ordinance Section(s) (If known, please cite specific provision(s) being violated)
Please describe the alleged violation. Use additional paper if needed. Please attach any relevant documentation which supports your complaint. L<.?rr-egf&nd~ce Oild f'(C(){'-dS. Wer-v YID.f fila ~1\ k_,'f)€ d
Are you requesting a public hearing before the Sunshine Ordinance Task Force? 1 ~yes 0 no 'lil\Jrt~~;~w~~:·:: ..... ·.···. ··. ·.·.·o.~~~,,~ A~~,~,.
~~~ii:.'=r(b p e:~c Dck@gt"1o.;/, turil 0 Other: ·~---,-:~~~i"S~~~~;
Date: 5 ( ti ( ;z DI g
1 NOTICE: PERSONAL INFORMATION TIIAT IS PROVIDED WHEN ADDRESSING A PUBLIC POLICY BODY IS SUBJECT TO DISCL~SURE UNDER THE CALIFORNIA PUBLIC RECORDS ACT AND THE SUNSHINE ORDINANCE. MEMBERS OF THE PUBLIC ARE NOT REQUIRED TO PROVIDE PERSONAL IDENTlFYlNG INFORMATION, AND COMPLAINTANTS MAY REMAIN ANONYMOUS. HOWEVER, FOR PROPER NOTICING AND PROCESSING OF A . HEARING REQUEST, A RELIABLE MEANS OF CONTACT lS RECOMMENDED. PLEASE NOTE THAT THE SOTF ADJVliNISTRATOR WILL NOT lillDACT ANY INFORMATION PROVIDED IN THESE SUBMISSIONS. ll/5/2015
P128 Leger, Cheryl (BOS)
From: Rebecca Peacock
Hello,
Please see my original complaint from May 5th below along with attachments. I will be out of town at the next scheduled hearing. Please contact myself or Steven Buss (steven.buss@,gmail.com) ifl am not available.
-Rebecca Peacock
------Forwarded message ------From: Rebecca Peacock
To Whom it May Concern,
Jane Kim has violated San Francisco Administrative Code section 67.29-7: The San Francisco Sunshine Ordinance, Correspondence and Records Shall Be Maintained, and various other state and local laws. Please find my complaint attached, and contact me at this email address for any questions or follow-up.
- Rebecca Peacock ~:
Pl29 Sunshine Ordinance Task Force Complaint Summary
File No. 18048
Rebecca Peacock v. Supervisor Jane Kim
Date filed with SOTF: 5/23/18
Contacts information (Complainant information listed first): Rebecca Peacock (Complainant) [email protected] [email protected] Jane Kim (Respondent)
File No. 18048: Complaint filed by Rebecca Peacock against the Supervisor Jane Kim (Board of Supervisors) for allegedly violating Administrative Code (Sunshine Ordinance), Section 67.29-7, and California Government Code, Section 34090, by failing to maintain and preserve in a professional and businesslike manner all documents and correspondence, including but not limited to, letters, emails, drafts, memorandum, invoices, reports and proposals.
Administrative Summary if applicable:
Complaint Attached.
P130 Complainant/Petitioners Documents Sub ission.
P131 Who do you believe is breaking the law?
Jane Kim
What laws are they violating?
SF Municipal Code section 8.3: Retention and Destruction of Records Generally California Public Records Act California Government Code. Section 34090 San Francisco Administrative Code section 67.29-7: Correspondence and Records Shall Be Maintained. First Amendment to the US Constitution
Complaint
Jane Kim has a "public figure" Facebook profile, JaneKimCA. This facebook account is inseparable from Jane Kim the Supervisor of San Francisco. Users may register as residents of her district and when they comment on her page, the "constituent" sticker shows up next to their names. Supervisor Kim regularly uses this platform to share articles discussing policy and to receive feedback on her work at the Board of Supervisors. Here is a screenshot of this page:
Jane KimO @JaneKimCA
Home !\bout
Dlsbict
Events ,.,· Status (!3 PhotoMdeo Public Figure In San Francisco, Cal~omla Photos
VIdeos Write something on this Page ... • Community See All Uvestream J...l,. Invite your friends to like this Page Posts Upcoming Events 161 14,910 people like this
Jobs ~ 16,143 people follow this
community
Actions starts With your heart I About See All -0 \WJW.janeklm.org
0 Public Figure f- .anrt r~ni~tCit nut
P132 She has a private account for her personal use, JaneKimwho, which manages the JaneKimCA account:
DO YOU KNOW JANE?
To see what she shares with friends, send her a friend request.
(9 Intra NO RECENT POSTS
p Manages Jane Kim To see posts on Jane's timeline, send her a friend request.
Supervisor Kim also uses her public figure account to campaign for her election to SF Mayor and for past elections for Supervisor and State Senator. There is no separation between her SF Supervisor activity and her election-related activity on this Facebook account. The ads run from her account are currently paid for by the "Jane Kim for Mayor" campaign, but this is only recently true. The facebook profile itself is free and therefore the claim in the following screenshot that the page is paid for by the ·campaign is misleading at best: P133 About PAGE INFO STORY \'i> Started in 2011 TEAM MEMBERS INTERESTS ~Jane Kim Jane Kim 0 Personal Interests @JwneKimCA Outside of work, Jane has a black belt in Tae Kwon Do and plays electric bass guitar and has served on the juror committee for Youth Speaks's annual Hip-Hop Slam. In 2010, Home she was listed in 7 x 7's "Hot 40 under 40" in San Francisco. About CONTACT INFO ------·--- District lEi [email protected] Events @) http://www.janekim.org Photos >!If @janekim Videos @ @supejanekim Livestream MORE iNFO Posts Jobs 6 Affiliation Member, San Francisco Board of Supervisors Community 6 About Actions Jane Kim is the elected Supervisor representing District Six. She Is currently running for Mayor of San Francisco. Paid for by Jane Kim for Mayor 2018. FPPC #1400832. Rnancial disclosures are available at sfethics.org 0 Biography Jane Is the elected Supervisor representing District 6. By running a Facebook account inseparable from Supervisor Kim's duties on the San Francisco Board of Supervisors, the Supervisor has implicitly created a designated public forum where constituents may express their opinions and feedback, with the expectation that their comments will be preserved, as in other public forums, and that their speech will not be censored. On Thursday, March 15, 2018, around 11am, Jane Kim hosted a rally at West Portal station and streamed it on Facebook live via her public figure account, JaneKimCA. Facebook live videos allow Facebook users to post comments on the video. When a few negative comments started to come in, Jane Kim or her staff first started deleting individual comments. As more came in, Jane Kim or her staff deleted the video entirely. Both acts constitute a violation of the First Amendment to the US Constitution, San Francisco Municipal Code section 8.3, San Francisco Administrative Code section 67.29-7, the California Public Records Act, and the California Government Code, Section 34090. Public comments on designated public forums are protected from censorship by the first amendment. In addition, San Francisco Municipal Code section 8.3, the California Public Records Act, P134 and the California Government Code, Section 34090 all require that public comments on designated public forums be preserved for a minimum amount of time. San Francisco Administrative Code section 67.29-7 requires that all correspondence sent or received by a public official be preserved. Deleting the comments and the related video violated these laws. The aggrieved parties in this instance are Roan Kattouw, Rebecca Peacock, and Kyle Peacock, all constituents of Jane Kim, and all with the expectation that public comments in a designated public forum are preserved according to the San Francisco Municipal Code section 8.3, the California Public Records Act, and the California Government Code, Section 34090, their correspondence be preserved according to San Francisco Administrative Code section 67.29-7, and that their speech is not censored as guaranteed by the First Amendment to the US Constitution. We present screens hots of the deleted comments: \fOIR·~#'iPI ·40:;< 0• 3:41 This is an extremely conservative .a,position for a supposedly progressive candidate. Why doP.s Jane Kim want to protect wealthY single-family home neighborhoods, like the one where she's giving this speech? I guess it's not surprising coming from a candidate who helped orchestrate the SDK jobs, 7k homes gentrification·guarantee.d Central SoMa Plan in her own district! 03. Kyle Peacoc~ 8 a:06 Shame on you for holding this conference. Your district has built 60% of the city's housing In the pasnen years. Hold the rest of the city to the same standard. We need to be building more housing in proportion with the jobs we're adding. Q6 Rebecca Peacock 8 · Q:QQ This absolutely disgraceful: Standing hand in hand with those who have repeatedly blocked housing In bad faith ~or years while claiming you a~e progressive and urbanist. This is as hypocritical as it gets~ ()6 P135 Top Comments -r O:OG Please consider , we need to stop blocking affordable housing. Roan Kattouw@ 0:4-S. We need more housing In 7 the city so people can afford to live here. We can't Just build It all In one district (yours and mine!) like we've been doing, every part of the n:OG 25 year later and you are still city has to build Its fair share. As your constituent good fight. Give em' hell Janel I'm vety disappointed to see you pandering to 2. people who want to ke-ep ne-w development away from the west side. 2:52 "giveaway to Like ·Reply · 4£m developers" - aren't single-family homes also bullt by ... developers?? or do they just fall out of tl1e n:oo coming to the richest sky? this is a really disappointing conservative neighborhood in the city to rally against affordable position for Jane to take. we need more housing housing? Really? for all in san francisco. enough of this economic displacement- let's get serious about building Like · Reply· 'I h housing and making tt1is city affordable. \.J. 2. Replies ·Just rww Like' Reply ·46m Kyle Peacock@ 4:06 St1ame on you for holding 0:01) This Is where your protest tt1ls conference. Your district has built 60% of the city's housing In the past ten years. Hold the rest • of the city to the same standard. We need to be building more housing In proportion with the Jobs we're adding. Uke · Reply · 111 · 3:54 This Is a really for you, Jane. Not remotely progressive. I'm pretty sad to see this. Like· Reply ·1 h i -·--~'.~ Rebecca Peacock 8 G:OI) This absolutely disgraceful. Standing hand in hand with those Like · Reply · 5m wt1o have repeatedly blocked t1ouslng In bad faith for ye-ars while claiming you are progressive and urbanist. This is as t1ypocritlcal as it gets. Like· Reply· 59m \.J. 1 Reply P136 This is not an isolated incident. On a separate occasion, Jane Kim posted a video on her public figure account talking about how her campaign is running on clean streets. This video also attracted constituents who left critical comments. The two aggrieved parties in this instance are David Steinwedel, a resident of District 9, and Andrew Burgess, a constituent of Jane Kim in District 6. All parties have the expectation and legal guarantee that public comments in a designated public forum are preserved according to the San Francisco Municipal Code section 8.3, the California Public Records Act, and the California Government Code, Section 34090, their correspondence be preserved according to San Francisco Administrative Code section 67.29-7, and that their speech is not censored as guaranteed by the First Amendment to the US Constitution. David Steinwedelleft a comment saying "Housing. Housing housing housing." Jane Kim or her staff deleted the comment. When David clicked on the notification in the screenshot below, he found the post at URL https://www.facebook.com/JaneKimCA/videos/1 0156222699644935/?comment id=1 0156227602564935 ¬if id= 1521873406148236¬if t=feedback reaction generic&ref=notif to have been deleted. When David clicked on the notification that says "Misha Var and Alaina Murphy like your comment: "Housing. Housing housing housing." he found this: This page isn't available Tti~ link )'Qu followed may be broken, Of the page may have be-en remQio'ed. G;) b;d; to the previous p;;ge ·Go to News Fet:d · Vi;;it our He-lp Center Misha Var a r"''~-·;c>.l .(; f'"'"';; •hl" t·;··~·~·~· ;,pi~~ r- •• 1 , •• ;.,,.,., :>-";: 1",<::• :...-' "''~"l·'•(':>olJ ''''"" "'·'i ~"--'''~ '~-" C;~\ 7 P137 Andrew Burgess also had his comments deleted from a thread about clean streets on Supervisor Kim's Facebook page. He says, I get notifications that someone responded to my comment. However, when /look, the page is either missing or access is denied. Here is what happens when he clicks on the notification, consistent with the comment being deleted: This page isn't available The link you followed may be broken, or the page may have been removed. Go back to the previous page · Go to News Feed · Visit our Help Center Attout Creo:eM CreateP.;f:g 01!-v.::!om:rs C.ir~ers Privatv Cc.::~kies AdCMic~~r.> lerm.s Hel;! r:::.:.et~~k~!Qla En0•,;·"1\JSI Fspai'iol ft;;n1,:a:s \Fr;ncal 9,;:(;:H;.) ~~~ PartvguC.r.t!:lra!i!l lti.'liano tlit\'l Orut~::h ft...:'} 8:::,1~ + As an elected representative who has used her Facebook profile to solicit feedback from constituents, Jane Kim has created a designated public forum. Public comments on designated public forums are protected against censorship from government officials and, in California, are subject to mandatory preservation for the public record. Jane Kim's behavior is not only an abridgement of the free speech rights of her constituents, but also a violation of both city and state law regarding preservation of records. P138 CiTY AND COUNTY OF SAN FRANCISCO OFFICE OF THE CITY ATTORNEY DENNIS J. HERRERA MARC PRICE WOLF City Attorney Deputy City Attorney Direct Dial: . (415) 554-3901 Email: [email protected] MEMORANDUM TO: Sunshine Ordinance Task Force FROM: Marc Price Wolf Deputy City Attorney DATE: July 12,2018 RE: Complaint No. 18048- Rebecca Peacock v. Supervisor Jane Kim COMPLAINT Complainant Rebecca Peacock ("Complainant") alleges that Supervisor Jane Kim ("Sup. Kim") of the San Francisco Board of Supervisors ("BOS") violated provisions of the Sunshine Ordinance by failing to maintain and preserve documents and correspondence related to her Facebook page. COMPLAINANT FILES THIS COMPLAINT On May 23, 2018, Complainant filed this complainant with the Task Force regarding Sup. Kim's alleged failure to maintain and preserve documents and correspondence. JURISDICTION Sup. Kim is a member of a policy body under the Ordinance. The Task Force therefore generally has jurisdiction to hear a complaint of a violation of the Ordinance against Sup. Kim. Sup. Kim has not contested jurisdiction. APPLICABLE STATUTORY SECTION(S) Section 67 of the San Francisco Administrative Code: • Section 67.21 governs responses to public records requests. • Section 67.29 describes the public index requirements. • Section 67.29-7 governs the maintenance of correspondence and records Section 34090 et seq. of the Cal. Gov't Code ("CPRA") • Section 34090 governs the destruction of city records. BACKGROUND On May 5, 2018, Complainant sent an email to the SOTF complaining that Supervisor . Kim did not maintain correspondence and records related to her Facebook page- @JaneKimCA. Complainant noted, "Kim regularly uses this platform to share articles discussing policy and to receive feedback on her work at the Board of Supervisors." Complainant asserted that there is "no separation between her SF Supervisor activity and her election-related activity on his FOX PLAZA · 1390 MARKET STREET, 6TH FLOOR · SAN FRANCISCO, CALIFORNIA 94102-5408 RECEPTION: (415) 554-3800 · FACSIMILE: (415) 437-4644 n:\codenf\as2014\9600241\01289287.doc P139 CiTY AND COUNTY OF SAN FRANCISCO OFFICE OF THE CiTY ATTORNEY MEMORANDUM TO: Sunshine Ordinance Task Force DATE: July 12, 2018 PAGE: 2 RE: Complaint No. 18048- Rebecca Peacock v. Supervisor Jane Kim Facebook account." Complainant stated that certain videos and comments posted on the Facebook page were inappropriately deleted. On June, 6, 2018, Neolle Duong from Sup. Kim's office emailed Complainant and stated, "Being that no city resources were related to the production of the Facebook posts in question they are not considered public documents." On the same day, Complainant responded by arguing Duong's response was inconsistent with First Amendment law because "Supervisor Kim created a designated public forum on her Facebook account by soliciting feedback and responding to constituents regarding policy, the comments are subject to the mandatory retention period as set forth in the Sunshine Ordinance. By deleting those comments, the Supervisor is in violation of the law." Later the same day, Duong responded and continued to assert that the Facebook posts are not public records. On May 22, 2018, Complainant sent an email to SOTF requesting a hearing. APPLICABLE CASE LAW In City of San Jose v. Superior Court (2017) 2 Cal.5th 608, the City of San Jose received a request for all voicemail messages, email or text messages sent or received on private electronic devices used by the City's Mayor, members of its City Counsel and/or their staff regarding San Jose City matters. In response, the City provided records sent from/received on private electronic devices using City accounts but not records from private devices using private accounts. The requestor challenged this decision in an action for declaratory relief. The State Supreme Court held that communications on personal electronic devices or personal accounts involving the conduct of the public's business may be public records subject to disclosure. Such writings include, but are not limited to, emails on personal computers and text messages on personal cell phones. The Task Force may want to consider whether the information at issue is a form of conducting public business via a Facebook account. QUESTIONS THAT MIGHT ASSIST IN DETERMINING FACTS • How does Complainant contend that the records requested should be considered public business being conducted on Sup. Kim's Facebook page? • How does Sup. Kim contend that the records requested should not be considered public . business being conducted on her Facebook page? LEGAL ISSUES/LEGAL DETERMINATIONS • Did Sup. Kim violate Administrative Code Sections 67.21, 67.29, and 67.29-7, or Gov. Code Section 34090 with any of her conduct related to the maintenance of a Facebook page? P140 n:\codenf\as20 14\9600241\01289287 .doc CITY AND COUNTY OF SAN FRANCISCO OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Sunshine Ordinance Task Force DATE: July 12,2018 PAGE: 3 RE: Complaint No. 18048- Rebecca Peacock v. Supervisor Jane Kim CONCLUSION THE TASK FORCE FINDS THE FOLLOWING FACTS TO BE TRUE: THE TASK FORCE FINDS THE ALLEGED VIOLATIONS TO BE TRUE OR NOT TRUE. n:\codenf\as20 14\9600241\01289287 .doc P141 CITY AND COUNTY OF SAN FRANCISCO OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Sunshine Ordinance Task Force DATE: July 12, 2018 PAGE: 4 RE: Complaint No. 18048- Rebecca Peacock v. Supervisor Jane Kim * * * CHAPTER 67, SAN FRANCISCO ADMINISTRATIVE CODE (SUNSHINE ORDINANCE) SEC. 67.21. PROCESS FOR GAINING ACCESS TO PUBLIC RECORDS; ADMINISTRATIVE APPEALS. (a) Every person having custody of any public record or public information, as defmed herein, (hereinafter referred to as a custodian of a public record) shall, at normal times and during normal and reasonable hours of operation, without unreasonable delay, and without requiring an appointment, permit the public record, or any segregable portion of a record, to be inspected and examined by any person and shall furnish one copy thereof upon payment of a reasonable copying charge, not to exceed the lesser of the actual cost or ten cents per page. (b) A custodian of a public record shall, as soon as possible and within ten days following receipt of a request for inspection or copy of a public record, comply with such request. Such request may be delivered to the office of the custodian by the requester orally or in writing by fax, postal delivery, or e-mail. If the custodian believes the record or information requested is not a public record or is exempt, the custodian shall justify withholding any record by demonstrating, in writing as soon as possible and within ten days following receipt of a request, that the record in question is exempt under express provisions of this ordinance. (c) A custodian of a public record shall assist a requester in identifying the existence, form, and nature of any records or information maintained by, available to, or in the custody of the custodian, whether or not the contents of those records are exempt from disclosure and shall, when requested to do so, provide in writing within seven days following receipt of a request, a statement as to the existence, quantity, form and nature of records relating to a particular subject or questions with enough specificity to enable a requester to identify records in order to make a request under (b). A custodian of any public record, when not in possession of the record requested, shall assist a requester in directing a request to the proper office or staff person. (d) If the custodian refuses, fails to comply, or incompletely complies with a request described in (b), the person making the request may petition the supervisor of records for a determination whether the record requested is public. The supervisor of records shall inform the petitioner, as soon as possible and within 10 days, of its determination whether the record requested, or any part of the record requested, is public. Where requested by the petition, and where otherwise desirable, this determination shall be in writing. Upon the determination by the supervisor of records that the record is public, the supervisor of records shall immediately order the custodian of the public record to comply with the person's request. If the custodian refuses or fails to comply with any such order within 5 days, the supervisor of records shall notify the district attorney or the attorney general who shall take whatever measures she or he deems necessary and appropriate to insure compliance with the provisions of this ordinance. (e) If the custodian refuses, fails to comply, or incompletely complies with a request described in (b) above or if a petition is denied or not acted on by the supervisor of public records, the person making the request may petition the Sunshine Task Force for a determination whether the P142 n:\codenf\as20 14\9600241\01289287 .doc CiTY AND COUNTY OF SAN FRANCISCO OFFICE OF THE CiTY ATTORNEY MEMORANDUM TO: Sunshine Ordinance Task Force DATE: July 12, 2018 PAGE: 5 RE: Complaint No. 18048 Rebecca Peacock v. Supervisor Jane Kim record requested is public. The Sunshine Task Force shall inform the petitioner, as soon as possible and within 2 days after its next meeting but in no case later than 45 days from when a petition in writing is received, of its determination whether the record requested, or any part of the record requested, is public. Where requested by the petition, and where otherwise desirable, this determination shall be in writing. Upon the determination that the record is public, the Sunshine Task Force shall immediately order the custodian ofthe public record to comply with the person's request. If the custodian refuses or fails to comply with any such order within 5 days, the Sunshine Task Force shall notify the district attorney or the attorney general who may take whatever measures she or he deems necessary to insure compliance with the provisions of this ordinance. The Board of Supervisors and the City Attorney's office shall provide sufficient staff and resources to allow the Sunshine Task Force to fulfill its duties under this provision. Where requested by the petition, the Sunshine Task Force may conduct a public hearing concerning the records request denial. An authorized representative of the custodian of the public records requested shall attend any hearing and explain the basis for its decision to withhold the records requested. SEC. 67.29- INDEX TO RECORDS The City and County shall prepare a public records index that identifies the types of information and documents maintained by City and County departments, agencies, boards, commissions, and elected officers. The index shall be for the use of City officials, staff and the general public, and shall be organized to permit a general understanding of the types of information maintained, by which officials and departments, for which purposes and for what periods of retention, and under what manner of organization for accessing, e.g. by reference to a name, a date, a proceeding or project, or some other referencing system. The index need not be in such detail as to identify files or records concerning a specific person, transaction or other event, but shall clearly indicate where and how records of that type are kept. Any such master index shall be reviewed by appropriate staff for accuracy and presented for formal adoption to the administrative official or policy body responsible for the indexed records. The City Administrator shall be responsible for the preparation of this records index. The City Administrator shall report on the progress ofthe index to the Sunshine Ordinance Task Force on at least a semi-annual basis until the index is completed. Each department, agency, commission and public official shall cooperate with the City Administrator to identify the types of records it maintains, including those documents created by the entity and those documents received in the ordinary course of business and the types of requests that are regularly received. Each department, agency, commission and public official is encouraged to solicit and encourage public participation to develop a meaningful records index. The index shall clearly and meaningfully describe, with as much specificity as practicable, the individual types of records that are prepared or maintained by each department, agency, commission or public official of the City and County. The index shall be sufficient to aid the public in making an inquiry or a request to inspect. Any changes in the department, agency, commission or public official's practices or procedures affecting the accuracy of the information provided to the City Administrator shall be recorded by the City Administrator on a periodic basis so as to maintain the integrity and accuracy of the index. The index shall be continuously maintained on the City's World Wide Website and made available at public libraries within the City and County of San Francisco. P143 n:\codenf\as20 14\9600241\01289287 .doc CiTY AND COUNTY OF SAN FRANCISCO OFFICE OF THE CiTY ATTORNEY MEMORANDUM TO: Sunshine Ordinance Task Force DATE: July 12, 2018 PAGE: 6 RE: Complaint No. 18048- Rebecca Peacock v. Supervisor Jane Kim SEC. 67.29-7 CORRESPONDENCE AND RECORDS SHALL BE MAINTAINED (a) The Mayor and all Department Heads shall maintain and preserve in a professional and businesslike manner all documents and correspondence, including but not limited to letters, e-mails, drafts, memorandum, invoices, reports and proposals and shall disclose all such records in accordance with this ordinance. (b) The Department of Elections shall keep and preserve all records and invoices relating to the design and printing of ballots and other election materials and shall keep and preserve records documenting who had custody of ballots from the time ballots are cast until ballots are. received and certified by the Department of Elections. (c) In any contract, agreement or permit between the City and any outside entity that authorizes that entity to demand any funds or fees from citizens, the City shall ensure that accurate records of each transaction are maintained in a professional and businesslike manner and are available to the public as public records under the provisions of this ordinance. Failure of an entity to comply with these provisions shall be grounds for terminating the contract or for imposing a financial penalty equal to one-half ofthe fees derived under the agreement or permit during the period of time when the failure was in effect. Failure of any Department Head under this provision shall be a violation of this ordinance. This paragraph shall apply to any agreement allowing an entity to tow or impound vehicles in the City and shall apply to any agreement allowing an entity to collect any fee from any persons in any pretrial diversion program. CAL. PUBLIC RECORDS ACT (GOVT. CODE §§ 6250, ET SEQ.) SEC. 34090 DESTRUCTION OF CITY RECORDS; EXCEPTED RECORDS; CONSTRUCTION Unless otherwise provided by law, with the approval of the legislative body by resolution and the written consent of the city attorney the head of a city department may destroy any city record, document, instrument, book or paper, under his charge, without making a copy thereof, after the same is no longer required. This section does not authorize the destruction of: (a) Records affecting the title to real property or liens thereon. (b) Court records. (c) Records required to be kept by statute. (d) Records less than two years old . . ( ~) The minutes, ordinances, or resolutions of the legislative body or of a city board or comrmsswn. This section shall not be construed as limiting or qualifying in any manner the authority provided in Section 34090.5 for the destruction of records, documents, instruments, books and papers in accordance with the procedure therein prescribed. P144 n:\codeni\as20 14\9600241\01289287 .doc espondents Document Submission P145 Leger, Cheryl (BOS) From: Steven Buss Thank you for the update! We understand the need for additional time. On Wed, May 30, 2018, 11:30 AM Duong, Noelle (BOS) Noelle Duong Legislative Office of District 6 Supervisor Jane Kim [email protected] I 415-554-7970 From: SOTF, (BOS) Sent: Wednesday, May 23, 2018 3:22:14 PM To: Kim, Jane (BOS); Duong, Noelle (BOS); Corrette, Moses (CPC} Cc: Rebecca Peacock; [email protected]; Ng, Wilson (BOS) Subject: SOTF- Complaint Filed with the Sunshine Ordinance Task Force- Complaint No. 18048 Good Afternoon: Supervisor Jane Kim has been named as a Respondent in the attached complaint filed with the Sunshine Ordinance Task Force. Please respond to the following complaint/request within five business days. The Respondent is required to submit a written response to the allegations including any and all supporting documents, recordings, electronic media, etc., to the Task Force within five (5) business days of receipt of this notice. This is your opportunity to provide a full explanation to allow the Task Force to be fully informed in considering yolir response prior its meeting. Please include the following information in your response if applicable: 1. List all relevant records with descriptions that have been provided pursuant to the Complainant request. Pl46 2. Date the relevant records were provided to the Complainant. . 3. Description of the method used, along with any relevant search terms used, to search for the relevant records. 4. Statement/declaration that all relevant documents have been provided, does not exist, or has been excluded. 5. Copy of the original request for records (if applicable). Please refer to the File Number when submitting any new information and/or supporting documents pertaining to this complaint. The Complainant alleges: Complaint Attached. Both parties (Complainant and Respondent) will be contacted once a hearing date is determined. Attached is the Sunshine Ordinance Task Force's complaint procedures. Thank you. Cheryl Leger Assistant Clerk, Board of Supervisors Tel: 415-554-4442 P214 7 Leger, Cheryl (BOS) From: Duong{ Noelle (BOS) Sent: Wednesday{ June 061 2018 9:01AM To: Steven Buss Cc: SOTF{ (BOS); Rebecca Peacock; Ng 1 Wilson (BOS); Young{ Victor Subject: Re: SOTF- Complaint Filed with the Sunshine Ordinance Task Force- Complaint No. 18048 Thank you for reaching out to our office. Being that no city resources were related to the production ofthe facebook posts in question they are not considered public documents. Noelle Duong Legislative Office of District 6 Supervisor Jane Kim [email protected] I 415-554-7970 From: Steven Buss Thank you for the update! We understand the need for additional time. On Wed, May 30,2018, 11:30 AM Duong, Noelle (BOS) Noelle Duong Legislative Office of District 6 Supervisor Jane Kim [email protected] I 415-554-7970 From: SOTF, {BOS) Sent: Wednesday, May 23, 2018 3:22:14 PM To: Kim, Jane {BOS); Duong, Noelle {BOS); Corrette, Moses {CPC) Cc: Rebecca Peacock; [email protected]; Ng, Wilson {BOS) Subject: SOTF- Complaint Filed with the Sunshine Ordinance Task Force- Complaint No. 18048 Good Afternoon: Supervisor Jane Kim has been named as a Respondent in the attached complaint filed with the Sunshine Ordinance Task Force. Please respond to the following complaint/request within five business days. The Respondent is required to submit a written response to the allegations including any and all supporting documents, recordings, electronic media, etc., to the Task Force within five (5) business days of receipt of this notice. This is your opportunity to provide a full explanation to allow the Task Force to be fully informed in considering your response prior its meeting. Please include the following information in your response if applicable: 1. List all relevant records with descriptions that have been provided pursuant to the Complainant request. 2. Date the relevant records were provided to the Complainant. 3. Description ofthe method used, along with any relevant search terms used, to search for the relevant records. 4. Statement/declaration that all relevant documents have been provided, does not exist, or has been excluded. 5. Copy of the original request for records (if applicable). Please refer to the File Number when submitting any new information and/or supporting documents pertaining to this complaint. The Complainant alleges: Complaint Attached. Both parties (Complainant and Respondent) will be contacted once a hearing date is determined. Attached is the Sunshine Ordinance Task Force's complaint procedures. Thank you. Cheryl Leger Assistant Clerk, Board of Supervisors Tel: 415-554-4442 P2149 Leger, Cheryl (BOS) From: Steven Buss This is inconsistent with Knight First Amendment Institute v. Trump (https://knightcolumbia.org/sites/default/files/content/Cases/Twitter/2018.05.23%200rder%20on%20motions% 20for%20sumrnary%20judgment.pdf): "The viewpoint-based exclusion ofthe individual plaintiffs from that designated public forum is proscribed by the First Amendment" Seeing as Supervisor Jane Kim created a designated public forum on her Facebook account by soliciting feedback and responding to constituents regarding policy, the comments are subject to the mandatory retention period as set forth in the Sunshine Ordinance. By deleting those comments, the Supervisor is in violation ofthe law. We request a public hearing. On Wed, Jun 6, 2018 at 9:00AM, Duong, Noelle (BOS) Noelle Duong Legislative Office of District 6 Supervisor Jane Kim [email protected] I 415-554-7970 From: Steven Buss Thank you for the update! We understand the need for additional time. On Wed, May 30,2018, 11:30 AM Duong, Noelle (BOS) 1 P150 Noelle Duong Legislative Office of District 6 Supervisor Jane Kim [email protected] I 415-554-7970 From: SOTF, (BOS) Sent: Wednesday, May 23, 2018 3:22:14 PM To: Kim, Jane (BOS); Duong, Noelle (BOS); Corrette, Moses (CPC) Cc: Rebecca Peacock; [email protected]; Ng, Wilson (BOS) Subject: SOTF- Complaint Filed with the Sunshine Ordinance Task Force- Complaint No. 18048 Good Afternoon: Supervisor Jane Kim has been named as a Respondent in the attached complaint filed with the Sunshine Ordinance Task Force. Please respond to the following complaint/request within five business days. The Respondent is required to submit a written response to the allegations including any and all supporting documents, recordings, electronic media, etc., to the Task Force within five (5) business days of receipt of this notice. This is your opportunity to provide a full explanation to allow the Task Force to be fully informed in considering your response prior its meeting. Please include the following information in your response if applicable: 1. List all relevant records with descriptions that have been provided pursuant to the Complainant request. 2. Date the relevant records were provided to the Complainant. 3. Description of the method used, along with any relevant search terms used, to search for the relevant records. 4. Statement/declaration that all relevant documents have been provided, does not exist, or has been excluded. 5. Copy of the original request for records (if applicable). Please refer to the File Number when submitting any new information and/or supporting documents pertaining to this complaint. The Complainant alleges: Complaint Attached. P151 Both parties (Complainant and Respondent) will be contacted once a hearing date is determined. Attached is the Sunshine Ordinance Task Force's complaint procedures. Thank you. Cheryl Leger Assistant Clerk, Board of Supervisors Tel: 415-554-4442 Leger, Cheryl (BOS) From: Duong/ Noelle (BOS) Sent: Wednesday/ June 061 2018 10:02 AM To: Steven Buss Cc: Young/ Victor Subject: Re: SOTF- Complaint Filed with the Sunshine Ordinance Task Force- Complaint No. 18048 Thank you for reaching out, the facebook posts are not related to city hall and no city hall resources were invested which is why they are not considered public records. Complaint 18048 filed was in regards to maintaining pubic records which the posts are not. Also I want to make clear that these posts are not related to Jane Kim in her official role as Supervisor. Cc'ing Victor Young who can provide details on your hearing request. Warm Regards, Noelle Noelle Duong Legislative Office of District 6 Supervisor Jane Kim [email protected] I 415-554-7970 From: Steven Buss Cc: SOTF1 (BOS); Rebecca Peacock; Ngr Wilson (BOS); Young/ Victor Subject: Re: SOTF- Complaint Filed with the Sunshine Ordinance Task Force- Complaint No. 18048 This is inconsistent with Knight First Amendment Institute v. Trump (https://knightcolumbia.org/sites/default/files/content/Cases/Twitter/2018.05.23%200rder%20on%20motion s%20for%20summary%20judgment.pdf): 'The viewpoint-based exclusion of the individual plaintiffs from that designated public forum is proscribed by the First Amendment" Seeing as Supervisor Jane Kim created a designated public forum on her Facebook account by soliciting feedback and responding to constituents regarding policy, the comments are subject to the mandatory retention period as set forth in the Sunshine Ordinance. By deleting those comments, the Supervisor is in violation of the law. We request a public hearing. On Wed, Jun 6, 2018 at 9:00AM, Duong, Noelle (BOS) From: Steven Buss Thank you for the update! We understand the need for additional time. On Wed, May 30, 2018, 11:30 AM Duong, Noelle {BOS) Noelle Duong Legislative Office of District 6 Supervisor Jane Kim [email protected] I 415-554-7970 From: SOTF, {BOS) Sent: Wednesday, May 23, 2018 3:22:14 PM To: Kim, Jane {BOS); Duong, Noelle {BOS); Corrette, Moses (CPC) Cc: Rebecca Peacock; [email protected]; Ng, Wilson (BOS) Subject: SOTF- Complaint Filed with the Sunshine Ordinance Task Force- Complaint No. 18048 Good Afternoon: Supervisor Jane Kim has been named as a Respondent in the attached complaint filed with the Sunshine Ordinance Task Force. Please respond to the following complaint/request within five business days. The Respondent is required to submit a written response to the allegations including any and all supporting documents, recordings, electronic media, etc., to the Task Force within five (5) business days of receipt of this notice. This is your opportunity to provide a full explanation to allow the Task Force to be fully informed in considering your response prior its meeting. Please include the following information in your response if applicable: 1. List all relevant records with descriptions that have been provided pursuant to the Complainant request. 2. Date the relevant records were provided to the Complainant. 3. Description of the method used, along with any relevant search terms used, to search for the relevant records. . 4. Statement/declaration that all relevant documents have been provided, does not exist, or has been excluded. 5. Copy of the original request for records (if applicalJle ). Please refer to the File Number when submitting any new information and/or supporting documents pertaining to this complaint. The Complainant alleges: Complaint Attached. Pl54 Both parties (Complainant and Respondent) will be contacted once a hearing date is determined. Attached is the Sunshine Ordinance Task Force's complaint procedures. Thank you. Cheryl Leger Assistant Clerk, Board of Supervisors Tel: 415-554-4442 fY155 Leger, Cheryl (BOS) From: Duong, Noelle (BOS) Sent: Monday, June 25, 2018 5:27 PM To: SOTF, (BOS) Subject: Re: SOTF- Complaint Committee June 26, 2018, 5:30 p.m. meeting - Conflict of Meeting Schedules Thank you for the update. I will be attending on behalf of Supervisor Kim's office. Warm Regards, Noelle Noelle Duong Legislative Office of District 6 Supervisor Jane Kim [email protected] I 415-554-7970 From: SOTF, {BOS} Sent: Monday, June 25, 2018 4:53:26 PM To: [email protected]; Farrell, Mark {MVR}; Peskin, Aaron {BOS}; Ronen, Hillary; Vee, Norman {BOS}; Fewer, Sandra {BOS}; Kim, Jane {BOS}; Sheehy, Jeff {BOS} Cc: Calvillo, Angela (BOS}; Lim, Victor (DEM}; sotf@brucewolfe~net; [email protected]; Lloyd, Kayleigh {BOS}; Bruss, Andrea {BOS}; Kittler, Sophia {BOS}; Chisti, Aliya (BOS}; Fregosi, ian (BOS}; Persky, Nicholas (BOS}; Lopez, Barbara (BOS}; Duong, Noelle {BOS}; Hepner, Lee (BOS}; Van, Calvin (BOS}; Morales, Carolina (BOS}; Beinart, Amy (BOS}; Sandoval, Suhagey (BOS}; Ho, Tim (BOS}; Fatooh, Martin {BOS}; Johnson, Sharon {BOS}; Chung, Sharon (BOS}; Gallagher, Jack (BOS}; Mohan, Menaka {BOS}; Ho, Jessica (BOS}; Maybaum, Erica (BOS); Choy, Jarlene (BOS}; Leger, Cheryl {BOS}; Calvillo, Angela (BOS} Subject: SOTF- Complaint Committee June 26, 2018, 5:30p.m. meeting- Conflict of Meeting Schedules Good Afternoon: It has been brought to the attention of the Sunshine Ordinance Task Force (SOTF) that a conflict of scheduling with the Board of Supervisors June 26, 2018, 2:00p.m. meeting may conflict and overlap the scheduled Complaint Committee, June 26, 2018 5:30p.m. meeting. It is the intention of the Complaint Committee to proceed with the hearing if possible. However, if a conflict does occur the Complaint Committee intends to continue the complaints to a special Complaint Committee meeting on Wednesday, August 1, 2018, at approximately 4:00p.m. It would be appreciated if Respondents confirms whether or not they will be able to have a knowledgeable representative attend the June 26, 2018, 5:30p.m. meeting. Additional information on the complaints schedule is listed below and the agenda/packet is available online at the following link. https://sfgov.org/sunshine/events/calendar/upcoming Thank you and sorry for the inconvenience the conflict of scheduling may have caused. Victor Young 415-554-7724 P156 Administrator, Sunshine Ordinance Task Force From: SOTF, (BOS) Sent: Friday, June 08, 2018 11:33 AM To: Cc: Subject: SOTF- Notice of Hearing- Complaint Committee: June 26, 2018, 5:30 p.m. Good Morning: Notice is hereby given that the Complaint Committee (Committee) of the Sunshine Ordinance Task Force (Task Force) shall hold hearings on the complaints listed below to: 1) determine if the Task Force has jurisdiction; 2) review the merits of the complaints; and/or 3) issue a report and/or recommendation to the Task Force. Date: June 26,2018 Location: City Hall, Room 408 Time: 5:30p.m. Complainants: Your attendance is required for this meeting/hearing. Respondents/Departments: Pursuant to Section 67.21(e) of the Ordinance, the custodian of records or a representative of your department, who can speak to the matter, is required at the meeting/hearing. Complaints: File No. 18035: Complaint filed by Amos Brown and the National Association for the Advancement of Colored People (NAACP) against Mayor Mark Farrell (former member of the Board of Supervisors), for allegedly violating Administrative Code, Section 67.5, and California Government Code, Sections 54950, 54952.2{b)(lL 54953.3, 54954, 54954.2 and 54954.3, by failing to make all meetings of any policy body open and public and by conducting seriatim or serial meetings. File No. 18036: Complaint filed by Amos Brown and the National Association for the Advancement of Colored People (NAACP) against Supervisor Aaron Peskin, Board of Supervisors, for allegedly violating Administrative Code, Section 67.5, and California Government Code, Sections 54950, 54952.2{b)(1), 54953.3, 54954, 54954.2 and 54954.3, by failing to make all meetings of any policy body open and public and by conducting seriatim or serial meetings. File No. 18037: Complaint filed by Amos Brown and the National Association for the Advancement of Colored People (NAACP) against Supervisor Hillary Ron en, Board of Supervisors, for allegedly violating Administrative Code, Section 67.5, and California Government Code, Sections 54950, 54952.2{b)(1), 54953.3, 54954, 54954.2 and 54954.3, by failing to make all meetings of any policy body open and public and by conducting seriatim or serial meetings. File No. 18038: Complaint filed by Amos Brown and the National Association for the Advancement of Colored People (NAACP) against Supervisor Norman Yee, Board of Supervisors, for allegedly violating Administrative Code, Section 67.5, and California Government Code, Sections 54950, 54952.2(b)(1L 54953.3, 54954, 54954.2 ahd 54954.3, by failing to make all meetings of any policy body open and public and by conducting seriatim or serial meetings. File No. 18039: Complaint filed by Amos Brown and the National Association for the Advancement of Colored People (NAACP) against Supervisor Sandra Lee Fewer, Board of Supervisors, for allegedly violating Administrative Code, Section 67.5, and California Government Code, Sections 54950, 54952.2{b)(1), 54953.3, 54954, 54954.2 and 54954.3, by failing to make all meetings of any policy body open and public and by conducting seriatim or serial meetings. P~57 File No. 18040: Complaint filed by Amos Brown and the National Association for the Advancement of Colored People (NAACP) against Supervisor Jane Kim, Board of Supervisors, for allegedly violating Administrative Code, Section 67.5, and California Government Code, Sections 54950, 54952.2(b)(l), 54953.3, 54954, 54954.2 and 54954.3, by failing to make all meetings of any policy body open and public and by conducting seriatim or serial meetings. File No. 18041: Complaint filed by Amos Brown and the National Association for the Advancement of Colored People (NAACP) against Supervisor Jeff Sheehy, Board of Supervisors, for allegedly violating Administrative Code, Section 67.5, and California Government Code, Sections 54950, 54952.2(b)(l), 54953.3, 54954, 54954.2 and 54954.3, by failing to make all meetings of any policy body open and public and by conducting seriatim or serial meetings. Documentation (evidence supporting/disputing complaint) For a document to be considered, it must be received at least five (5) working days before the hearing. For inclusion in the agenda packet, supplemental/supporting documents must be received by 5:00pm, June 18, 2018. Cheryl Leger Assistant Clerk, Board of Supervisors Tel: 415-554-7724 1/l();• Click here to complete a Board of Supervisors Customer Service Satisfaction form. The Legislative Research Center provides 24-hour access to Board of Supervisors legislation, and archived matters since August 1998. Disclosures: Personal information that is provided in communications to the Board of Supervisors is subject to disclosure under the California Public Records Act and the San Francisco Sunshine Ordinance. Personal information provided will not be redacted. Members of the public are not required to provide personal identifying information when they communicate with the Board of Supervisors and its committees. All written or oral communications that members of the public submit to the Clerk's Office regarding pending legislation or hearings will be made available to all members of the public for inspection and copying. The Clerk's Office does not redact any information from these submissions. This means that personal information-including names, phone numbers, addresses and similar information that a member of the public elects to submit to the Board and its committees-may appear on the Board of Supervisors website or in other public documents that members of the public may inspect or copy. p~ 58 Leger, Cheryl (BOS) From: SOTF, (BOS) Sent: Tuesday, July 03, 2018 3:41 PM To: '[email protected]'; Ionin, Jonas (CPC); Silva, Christine (CPC); Foster, Nicholas (CPC); 'Rebecca Peacock'; '[email protected]'; Kim, Jane (BOS); 'd250'; Silva-Re, Pauline (JUV); [email protected]'; Vien, Veronica (DPH); Acosta, Linda (DPH) Cc: Duong, Noelle (BOS); Fang, Kitty (BOS) Subject: SOTF- Notice of Hearing- Compliance and Amendments Committee, July 17, 2018, 4:30 p.m., City Hall, Room 408 Good Afternoon: Notice is hereby given that the Compliance and Amendments Committee (Committee) of the Sunshine Ordinance Task Force (Task Force) shall hold hearings on the complaints listed below to: 1) determine if the Task Force has jurisdiction; 2) review the merits of the complaints; and/or 3) issue a report and/or recommendation to the Task Force. Date: July 17, 2018 Location: City Hall, Room 408 Time: 4:30p.m. Complainants: Your attendance is required for this meeting/hearing. Respondents/Departments: Pursuant to Section 67.21(e) ofthe Ordinance, the custodian of records or a representative of your department, who can speak to the matter, is required at the meeting/hearing. Complaints: File No. 17104: Complaint filed by Kathleen Courtney and the Russian Hill Community Association against Nicholas Foster and the Planning Department for allegedly violating Administrative Code (Sunshine Ordinance), Section 67.21, by failing to respond to a request for public records in a timely and/or complete manner. {On January 16, 2018, the SOTF heard the matter, found a violation of Administrative Code {Sunshine Ordinance), Section 67.21 and referred the matter to the Compliance and Amendments Committee to confirm that documents that were accidently hidden have posted online as intended by the Planning Department and that the documents related to the complaint have been provided.) File No. 18048: Complaint filed by Rebecca Peacock against Supervisor Jane Kim (Board of Supervisors) for allegedly violating Administrative Code (Sunshine Ordinance), Section 67.29-7, and California Government Code, Section 34090, by failing to maintain and preserve in a professional and businesslike manner all documents and correspondence, including but not limited to, letters, emails, drafts, memorandum, invoices, reports and proposals. File No. 18050: Complaint filed by Don Chan against the Juvenile Probation Department (JPD) for allegedly violating Administrative Code (Sunshine Ordinance), Section 67.21, by failing to respond to Documentation (evidence supporting/disputing complaint) For a document to be considered, it must be received at least five (5) working days before the hearing. For inclusion in the agenda packet, supplemental/supporting documents must be received by 5:00pm, July 10, 2018. Cheryl Leger Assistant Clerk, Board of Supervisors Tel: 415-554-7724 i!llrtJ• Click here to complete a Board of Supervisors Customer Service Satisfaction form. The legislative Research Center provides 24-hour access to Board of Supervisors legislation, and archived matters since August 1998. Disclosures: Personal information that is provided in communications to the Board of Supervisors is subject to disclosure under the California Public Records Act and the San Francisco Sunshine Ordinance. Personal information provided will not be redacted. Members of the public are not required to provide personal identifying information when they communicate with the Board of Supervisors and its committees. All written or oral communications that members of the public submit to the Clerk's Office regarding pending legislation or hearings will be made available to all members of the public for inspection and copying. The Clerk's Office does not redact ariy information from these submissions. This means that personal information-including names, phone numbers, addresses and similar information that a member of the public elects to submit to the Board and its committees-may appear on the Board of Supervisors website or in other public documents that members of the public may inspect or copy. p~ 60