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D D D D D D D D D D D D File No. 19093 Item No.6 SUNSHINE ORDINANCE TASK FORCE AGENDA PACKET CONTENTS LIST Complaint Committee Date: October 15, 2019 0 Petition/Complaint Page:~ Memorandum - Deputy City Attorney Page: f~7 ~ Petitioner/Complainant Supporting Documents Page: Sf( EJ Respondent's Response Page:)96 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-=-. =L=eg;;;.Le=r_________ Date 9/26/19 *An asterisked item represents the cover sheet to a document that exceeds 25 pages. The complete document is in the file. P533 Leger, Cheryl (BOS) From: MICHAEL PETRELIS <[email protected]> Sent: Wednesday, August 28,2019 12:10 PM To: SOTF, (BOS) S!Jbject: SOTF complaint: Breed's COS Elsbernd's incomplete calendar. Attachments: SE Calendar Re Request of Michael Petrelis.pdf Sunshine Ordinance Task Force City Hall San Francisco, CA To Whom it May Concern, I wish to lodge a complaint against Mayor London Breed for failing to provide me with the full and complete calendars of her chief of staff, Sean Elsbemd, as requested. As you can see from the attached responsive records from the mayor, months of calendars are omitted and for many of the daily calendars, Elsbemd lists only a half-hour scheduling meeting. I believe the mayor is willing violating local public records laws and I ask that you refer this matter to the compliance committee of the task force. Please confirm receipt of this complaint by the close of business today. If you have any questions, don't hesitate to contact me·. Sincerely, Michael Petrelis Public Advocate San Francisco, CA -----Original Message----- From: MayorSunshineRequests, MYR (MYR) <[email protected]> To: MayorSunshineRequests, MYR (MYR) <[email protected]>; MICHAEL PETRELIS <[email protected]> Sent: Tue, Aug 27, 2019 5:28 pm Subject: RE: Immediate disclosure request: Sean Elsbernd's calendars. Michael, Please see the attached responsive records regarding your request below. These are the available calendar entries for the timeframe you specified. Please note that certain personal information such as cell phone numbers has been redacted to avoid an unwarranted breach of personal privacy. See Cal. Govt. Code Sees. 6254(c), 6254(k); California Constitution, Art. I, Sec. 1. Similarly, appointment of a personal and non-city nature have also been redacted. Please also note that certain call-in information has been redacted pursuant to the official information privilege. See Cal. Evid. Code Sec. 1040(b)(2). Please note that certain identifying information has also been redacted to protect the identity of certain individuals involved in ongoing hiring processes. See Cal. Govt. Code Sees. 6254(c), Admin. Code§ 67.24(c). Please note that we are responding only on behalf of the Office of the Mayor and not on behalf of other City Departments. If you have any questions about your request or would like to submit another public records request, please feel free to contact us at [email protected]. Regards, Hank Heckel Compliance Officer Office of Mayor London N. Breed City and County of San Francisco From: MayorSunshineRequests, MYR (MYR) <[email protected]> Sent: Wednesday, August 21, 2019 5:28PM To: MiCHAEL PETRELiS <[email protected]>; iviayorSunshineRequests, iviYR (iviYR) <mayorsunshinereq uests@sfg ov. org> Subject: RE: Immediate disclosure request: Sean Elsbernd's calendars. Michael, We plan to respond within 10 days but reserve our rights to continue the response for up to 14 days. See § S.F. Admin Code§ 67.25(b); Government Code§ 6253(c). Let me know if you have any questions in the meantime. Regards, Hank Heckel Compliance Officer Office of Mayor London N. Breed City and County of San Francisco From: MICHAEL PETRELIS <[email protected]> Sent: Monday, August 19, 2019 7:14PM To: MayorSunshineRequests, MYR (MYR) <[email protected]> Subject: Re: Immediate disclosure request: Sean Elsbernd's calendars. Hi Hank, Thanks for the notice. What amount time are you invoking? Lemme know. Best, Michael -----Original Message----- From: MayorSunshineRequests, MYR (MYR) <[email protected]> To: MICHAEL PETRELIS <[email protected]>; MayorSunshineRequests, MYR (MYR) <[email protected]> Sent: Mon, Aug 19, 2019 4:50pm Subject: RE: Immediate disclosure request: Sean Elsbernd's calendars. Dear Michael, We have received your request and are processing our response. Please note that we are invoking an extension of time to respond to your request due to the need to consult with other city departments. § S.F. Admin Code § 67.25(b); Government Code§ 6253(c). We understand the need to conduct this consultation with all practicable speed and will complete our response as expeditiously as possible and within the permitted statutory period for extension. Regards, Hank Heckel Compliance Officer Office of Mayor London N. Breed City and County of San Francisco From: MICHAEL PETRELIS <[email protected]> Sent: Friday, August 16, 2019 4:16PM To: MayorSunshineRequests, MYR (MYR) <[email protected]> Subject: Immediate disclosure request: Sean Elsbernd's calendars. This message is from outside the City email system. Do not open links or attachments from untrusted sources. Mayor London Breed City Hall San Francisco, CA Dear Mayor Breed, This is an immediate disclosure request for a copy of any and all calendars maintained by your chief of staff, Sean Elsbernd, from October 1, 2018, through the close of business today. I wish to receive all responsive records via email, please. If you have any questions, don't hesitate to contact me. Please acknowledge receipt of this IDR by the close of business today. Sincerely, Michael Petrelis Public Advocate 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: September 17, 2019 RE: Complaint No. 19093: Michael Petrelis v. Mayor London Breed and Office ofthe Mayor COMPLAINT Complainant Michael Petrelis ("Complainant") alleges that the Office of lhe Mayor and Mayor London Breed (collectively, "Respondents"), violated the Sunshine Ordinance. COMPLAINANT FILES COMPLAINT On August 28, 2019, Complainant filed this complaint with the Task Force, alleging that Respondent failed to provide a timely and complete response to his request, in violation of Administrative Code section 67.21. JURISDICTION The Mayor and the Mayor's office are subject to the Sunshine Ordinance. Respondents do no dispute jurisdiction. APPLICABLE STATUTORY SECTION(S) Section 67 of the San Francisco Administrative Code: • Section 67.21 sets forth the obligations of the Sunshine Ordinance with respect to the production of public records. • Section 67.29-5 sets forth the requirements for certain public.officer to maintain and retain calendars. • Section 67.29-7 governs the retention of correspondence and records. APPLICABLE CASE LAW tt None BACKGROUND On August 16,2019, Complainant requested from Mayor London Breed the immediate disclosure of "any and all calendars maintained by your chief of staff, Sean Elsbernd, from October 1, 2018, through the close ofbusiness today." On August 19,2019, Compliance Officer FOX PLAZA · 1390 MARKET STREET, 7TH FLOOR · SAN FRANCISCO, CALIFORNIA 94102-5408 RECEPTION: (415) 554-3800 ·FACSIMILE: (415) 437-4644 n:\codenf\as20l9\960024l \Ol392295.docx P537 CITY AND COUNTY OF SAN FRANCISCO OFFICE OF THE CITY AHORNEY MEMORANDUM PRIVILEGED & CONFIDENTIAl TO: Sunshine Ordinance Task Force DATE: September 17, 2019 PAGE: 2 RE: Complaint No. 19093: Michael Petrelis v. Mayor London Breed and Office of the Mayor Hank Heckel invoked an extension of time "due to the need to consult with other city departments." ·On August 27, 2019, Mr. Heckel sent Complainant 43 pages of responsive records. Mr. Heckel noted that some of the calendar entries were redacted to protect privacy interests, hiring processes, and other grounds. It does not appear that Complainant takes issue with Respondents' redactions. · Rather, Complainant contends that, "[a]s you can see from the ... responsive records from the mayor, months of calendars are omitted and for many of the daily calendars, [Mr.] Elsbernd lists only a half-hour scheduling meeting." For example, the records produced do not contain any calendar records prior to February 2019. In short, Complainant contends that Respondents either did not maintain sufficient records or retain those records. Respondents contend that they produced all of the responsive documents that exist; that "the Office of the Mayor performed a search for all calendars relating to city business in the possession, custody or control of Chief of StaffElsbernd and staff and provided [Complainant] with all of the available calendar entries. No calendar days retained in the possession of Chief of StaffElsbernd or staff were withheld." Respondents supplement their response with briefing from a prior, related matter, Complaint No 15163, Petrelis v. KaWa, in which the Mayor's office took the position that, regardless of whether the Mayor's chief of staffs calendar was a public record when it was in existence, the chief of staff is not required to retain his calendar under the applicable public records laws: That briefing further contended that the chief of staffs calendar was not subject to the retention requirements of Proposition G (see San Francisco Admin. Code sections 67.29-5 & 67.29-7, infra), because it was a calendar for "internal use," rather than a record "for the public to learn of past activities of specified City officials." Relatedly, the briefing took the position that the Mayor's chief of staff is not an individual within the scope of Proposition G, which applies to the Mayor, other elected officials, and department heads. See San Francisco Admin. Code sec. 67-29.5. The prior matter was referred to the Ethics Commission and heard before that body on September 26, 2016.
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