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File No. 18049, Please See the Attached Advisory Opinion

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File No. 18049, Please See the Attached Advisory Opinion File No. -------18049 Item No.4 SUNSHINE ORDINANCE TASK FORCE AGENDA PACKET CONTENTS LIST Compliance and Amendments Committee Date: Apri116, 2019 D Petition/Complaint Page:_ D Memorandum - Deputy City Attorney Page:_ D Petitioner/Complainant Supporting Documents Page:_ D 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'"'""e'-'-r ______Date 4/11/19 *An asterisked item represents the cover sheet to a document that exceeds 25 pages. The complete document is in the file. P9 Young, Victor From: SOTF, (BOS) Sent: Tuesday, July 03, 2018 2:14PM To: '[email protected]' Cc: Leger, Cheryl (BOS); '[email protected]'; 'RMS'; Calvillo, Angela (BOS) Subject: SOTF - Update/Request- Complaint No. 18049 (Robert Smith V Fine Arts Museums of SF Attachments: 18049 SOTF Complaint 2 of 5.pdf; 18049 SOTF Complaint 3 of 5.pdf; 18049 SOTF Complaint · 4 of 5.pdf; 18049 SOTF Complaint 1 of 5.pdf; 18049 SOTFComplaint 5 of 5.pdf; 18049 SOTF Complaint Summary.pdf; 18049 SOTF Complainant Support Documents. pdf; SOTF­ Complaint Procedure 2018-01-16 FINAL.PDF Dear Mr; Jonz: Upon review of the complaint and discussions with Mr. Smith it is my understanding that 5 separate requests for records were submitted as listed below. I have separated each of the requests into its own complaint file for the to SOTF's review. It is requested that the FAMSF provide a separate response to each of the complaints in order to focus the issues for the SOTF. I do understand that the FAMSF may have grouped their response to Mr. Smith but would appreciate anything you can do to separate the issues. Upon approved ofthe SOTF Chair the matter may be scheduled for an initial hearing before the Complaint Committee either on July 24, 2018, or August 28, 2018, at 5:30p.m. 18049-1, 1/9/18- Request for a response to a list of 21 different items. 18049-2, 1/20/18- Follow up request for records adding a 22nd requested item. 18049-3, 2/20/18- Request for correspondence from Sept 1, 2017 to present. 18049-4, 3/23/18- Request for 4 different rosters of docents at FAMSF. 18049-5, 4/5/18- Request for all documents related to invitations and applications by Robert M. Smith from January 1, 1997 to present to be a docent at the Museum. Please contact me if you have any questions. The Fine Arts Museums of San Francisco has been named as a Respondent in the attached complaint filed with the Sunshine Ordinance Task Force. Please respond to the complaints 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. P10 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. Victor Young Administrator, Sunshine Ordinance Task Force 1 Dr. Carlton B. Goodlett Place, City Hall., Room 244 San Francisco CA 94102 phone 415-554-7724 fax 415-554-5163 [email protected] I www.sfbos.org 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. P11 CITY AND COUNTY OF SAN FRANCISCO OFFICE OF THE CITY ATTORNEY DENNIS J. HERRERA NICHOLAS COLLA City Attorney Deputy City Attorney Direct Dial: (415) 554-3819 Email: nicholas.colla @sfgov.org MEMORANDUM TO: Sunshine Ordinance Task Force FROM: Nicholas Colla Deputy City Attorney DATE: August 23, 2018 RE: Complaint No. 18049- Smith v. the Fine Arts Museum of San Francisco COMPLAINT Complainant Robert Smith ("Complainant") alleges that the Fine Arts Museums of San Francisco ("the Museum") violated public records laws by failing adequately and timely respond to his five requests for public records. COMPLAINANT FILES COMPLAINT On June 6, 2018, Complainant filed this complaint with the Task Force regarding the Museum's alleged failure to adequately respond to his multiple records requests. JURISDICTION The Museum is a department subject to the provisions of the Sunshine Ordinance regarding public records. The Museum does not contest jurisdiction to hear this complaint. APPLICABLE STATUTORY SECTION(S) Section 67 of the San Francisco Administrative Code: e Section 67.21 governs responses to a public records request. APPLICABLE CASE LAW • None BACKGROUND Complainant filed this complaint with the Task Force on June 6, 2018 in which he alleges that the Museum failed adequately respond to his five requests for public records made on the following dates: Request No.1: • January 9, 20 18-a request for a response to 21 separately enumerated requests for records and/or explanations. Museum Response: "Some items were questions and not public records requests. Some records requests were for records ofthe Corporation ofthe Fine Arts Museums (COFAM) or the Fine Arts FOX PLAZA · 1390 MARKET STREET, 6TH FLOOR · SAN FRANCISCO, CALIFORNIA 94102-5408 RECEPTION: (415) 554-3800 · FACSIMILE: (415) 437-4644 n:\codenf\as20l4\9600241 \01299977.doc P12 CiTY AND COUNTY OF SAN FRANCISCO OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Sunshine Ordinance Task Force DATE: August 23, 2018 PAGE: 2 RE: Complaint No. 18049 Smith v. the Fine Arts Museum of San Francisco Museums Foundation (FAMF), both ofwhich are private, non-profit 501(c)(3) charitable organizations. COF AM and F AMF provided some records to Complainant as a courtesy. In addition to providing responsive records, and explanations to Complainant's questions, Respondent provided Complainant with the following point of clarification regarding COFAM and FAMF: The Corporation ofthe Fine Arts Museums (COFAM) and the Fine Arts Museums Foundation (FAMF) are private, nonprofit 501(c)(3) charitable organizations whose primary purpose is to support the Fine Arts Museums of San Francisco. In addition, it is noted that some of the information you have requested represents records of COF AM and F AMF, neither of which are City Departments or agencies. The Respondent made a good faith, reasonable search effort for the requested records by reviewing hard copy files and electronic document storage where responsive records likely would be found and circulating the request among employees likely to have or know of responsive records. Request No.2: • January 20, 2018-a follow up request adding a 22nd item to the previous January 9, 2018 request in which Complainant stated as follows: "Please identify the "other agency" that you state has "a substantial interest in the determination of the request" and that you are consulting with and provide all correspondence (as defined in my original request) between F AMSF and that agency with regard to my request." Museum Response: The Fine Arts Museums consulted with the Department of Human Resources and the Office of the City Attorney regarding your request. There are no responsive records. Request No.3: • February 20, 2018-Request for the following: • 1. All correspondence and all documents relating in any fashion to correspondence to and/or from the Corporation of the Fine Arts Museums (COFAM) and the Fine Arts Museums of San Francisco from Sept.l, 2017 to the present; • 2. All correspondence and all documents relating in any fashion to correspondence to and/or from the Corporation of the Fine Arts Museums Foundation (F AMF) and the Fine Arts Museums of San Francisco from Sept.1, 2017 to the present. Museum Response: The Museum replied on March 1, 2018 requesting that Complainant narrow the scope of the request. On March 3, 2018, Complainant allegedly narrowed the scope of the request. On April3, 2018, the Museum asked that Complainant further narrow down the scope ofthe request.
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