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FileNo.19111 Item No.7 SUNSHINE ORDINANCE TASK FORCE AGENDA PACKET CONTENTS LIST Compliance and Amendments Committee Date: November 26, 2019 Petition/Complaint Page: 1Z~ Memorandum -Deputy City Attorney Page:____J,. z..l? ; Petitioner/Complainant Supporting Documents Page: ~ 1jt{ ~ Respondent's Response Page:~~ D Public 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_,_. =Le=g;J..::e:_,_r ______Date 11/20/19 *An asterisked item represents the cover sheetto a document that exceeds 25 pages. The complete document is in the file. P223 I (BOS) From: MICHAEL PETRELIS <[email protected]> Sent: Tuesday, October 22, 2019 4:08 PM To: MandelmanStaff, [BOS]; Smeallie, Kyle (BOS); Mundy, Erin (BOS); Mandelman, Rafael (BOS); SOTF, (BOS) Subject: SOTF complaint- Re: Immediate disclosure request: Corrupt Mandelman's calendar, emails, texts. This message is from outside the City email system. Do not open links or attachments from untrusted sources. Sunshine Ordinance Task Force City Hall San Francisco, CA Dear SOTF Members, I wish to lodge a complaint against Supervisor Rafael Mandelman for failure to comply with local sunshine laws. His office has failed to provide me with his calendar or any other responsive records and it's been more than ten days since I filed my immediate disclosure request. I have further requested that Mandelman release said records on a rolling basis and there has been no reply to this request. Please process this complaint at your earliest convenience. I ask that you let me know when you receive this letter. Sincerely, Michael Petrelis -----Original Message----- From: MICHAEL PETRELIS <[email protected]> To: mandelmanstaff <[email protected]>; Kyle.Smeallie <[email protected]>; Erin.Mundy <[email protected]>; rafael.mandelman <[email protected]> Sent: Man, Oct 21, 2019 12:23 pm Subject: Re: Immediate disclosure request: Corrupt Mandelman's calendar, emails, texts. Hello, Today marks two weeks since I made my initial IDR and I wish to learn today when to expect receiving the calendar for Mandelman. I have previously asked that you release responsive records on a rolling basis and that means releasing his calendar without delay. I do not think you need to check with any City agency about that document, while you wait to hear answers to your questions about his emails and texts. Please provide me with the calendar and a status report on the outstanding other public records by the close of business today. Best, Michael Petrelis Public Advocate -----Original Message----- From: MICHAEL PETRELIS <[email protected]> To: mandelmanstaff <[email protected]>; Kyle.Smeallie <[email protected]>; Erin. Mundy <[email protected]>; rafael.mandelman <[email protected]> Sent: Mon, Oct 7, 2019 1:03 pm Subject: Immediate disclosure request: Corrupt Mandelman's calendar, emails, texts. Rafael Mandelman City Hall San Francisco, CA Dear Corrupt Public Official, This is an immediate disclosure request for the following public records: 1. Your calendar from January 1 through October 7, 2019. 2. All of your texts and emails, sent or received, from September 1 through October 7, 2019. I wish to receive all responsive records via in electronic formats via email. If you have any questions, email them to me. I ask that you confirm receipt of this IDR by the close of business today. Regards, Michael Petrelis Public Advocate District 8 Voter CiTY AND COUNTY OF SAN FRANCISCO OFFICE OF THE CiTY ATTORNEY DENNIS J. HERRERA PEDER J. V. THOREEN City Attorney Deputy City Attorney Direct Dial: (415) 554-3846 Email: [email protected] MEMORANDUM PRIVILEGED AND CONFIDENTIAL TO: Sunshine Ordinance Task Force FROM: Peder J. V. Thoreen Deputy City Attorney DATE: November 20, 2019 RE: Complaint No. 19111: Michael Petrelis v. Supervisor Rafael Mandelman COMPLAINT Complainant Michael Petrelis ("Complainant") alleges that Supervisor Rafael Mandelman ("Respondent"), violated the Sunshine Ordinance by failing to respond to Complainant's requests in a timely and complete manner. COMPLAINANT FILES COMPLAINT Complainant filed this complaint with the Task Force on October 22, 2019. JURISDICTION Respondent is subject to the Sunshine Ordinance and the California Public Records Act ("CPRA"). Respondent does not dispute jurisdiction. APPLICABLE STATUTORY SECTION(S) Section 67 of the San Francisco Administrative Code: • Section 67.21 governs responses to a public records request in general. • Section 67.29-5 sets forth requirements for certain City officials with respect to their calendars .. Cal. Government Code (CPRA) • · Section 6253 sets forth the general requirements for the production of records. APPLICABLE CASE LAW • City ofSan Jose v. Superior Court (20 17) 2 Cal. 5th 608 (holding that when a city employee uses a personal account to communicate about public business, the writings may be subject to disclosure under the CPRA). FOX PLAZA · 1390 MARKET STREET, 7TH FLOOR · SAN FRANCISCO, CALIFORNIA 94102-5408 RECEPTION: (415) 554-3800 · FACSIMILE: (415) 437-4644 n:\codenf\as2019\9600241 \Ol407630.docx P226 CITY AND COUNTY OF SAN FRANCISCO OFFICE OF THE CITY ATTORNEY MEMORANDUM PRIVILEGED & CONFIDENTIAL TO: Sunshine Ordinance Task Force DATE: November 20, 2019 PAGE: 2 RE: Complaint No. 19111: Michael Petrelis v. Supervisor Rafael Mandelman BACKGROUND On October 7, 2019, Complainant filed an immediate disclosure request with Respondent, seeking: "1. Your calendar from January 1 through October 7, 2019. 2. All of your texts and emails, sent or received, from September 1 through October 7, 2019." The following day, Respondent's office sent an email to Complainant, stating that "[b]ecause our office needs to consult with another city department regarding your request and, due to the voluminous nature of the materials requested, we are unable to provide a response by the end ofthe day today." Respondent's office stated that it would respond further by October 21, 2019. Complainant subsequently sent emails to Respondent's office, asking for the production of documents on a rolling basis and inquiring as to the status of his requests. On October 15, 2019, Respondent's office asked Complainant whether, with respect to emails, Complainant might narrow his request by providing search terms. Complainant provided search terms to Respondent's office on October 16 and October 17. On October 23, 2019, Respondent provided calendars for the period of January 1, 2019 through March 31, 2019. Respondent's office further stated that "texts and emails spanning the period of September 1, 2019 October 7, 2019, is voluminous and requires that we carefully review the calendar items and communications individually for applicable redactions to personal, privileged, and/or personnel information." Respondent committed to provide documents on a rolling basis. On October 30,2019, Respondent sent Complainant calendars for the period of April1, 2019 through June 30, 2019. On October 31,2019, the clerk of the Task Force sent an email to Complainant asking whether, in light of the documents produced thus far, Complainant desired to continue to pursue the complaint with the Task Force. In response, the Complainant stated: "I have received several months of calendar entries from Mandelman's office but no emails and texts so, yes, I wish to continue the complaint process with the SOTF ." On November 12, 2019, Respondent provided Complainant with responsive calendars for the remaining period, from July 1, 2019 through October 7, 2019. A representative of Respondent went on to state that"[ o ]ur office is prioritizing and working diligently to process your further requests for emails and text messages, and will provide additional responsive records on a rolling basis as soon as they are reviewed and available, without delay." QUESTIONS THAT MIGHT ASSIST IN DETERMINING FACTS "' Has Respondent provided any responsive emails or text messages to Complainant? n:\codenf\as20 19\9600241\0 1407630.docx P227 CiTY AND COUNTY OF SAN FRANCISCO OFFICE OF THE CiTY ATTORNEY MEMORANDUM PRIVILEGED & CONFIDENTIAL TO: Sunshine Ordinance Task Force DATE: November 20, 2019 PAGE: 3 RE: Complaint No. 19111: Michael Petrelis v. Supervisor Rafael Mandelman • Does Complainant agree that Respondent's production of calendars is adequate? LEGAL ISSUES/LEGAL DETERMINATIONS • Did Respondent violate the Sunshine Ordinance or the CPRA by failing to provide a timely and complete response to Complainant's document requests? 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\as2019\9600241 \0 1407630.docx P228 CITY AND COUNTY OF SAN FRANCISCO OFFICE OF THE CiTY ATTORNEY MEMORANDUM PRIVILEGED & CONFIDENTIAL TO: Sunshine Ordinance Task Force DATE: ·November 20, 2019 PAGE: 4 RE: Complaint No. 19111: Michael Petrelis v. Supervisor Rafael Mandelman 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 defined 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
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