File No. 19119 Item No. 5 SUNSHINE ORDINANCE TASK FORCE AGENDA PACKET CONTENTS LIST Compliance and Amendments Committee Date: September 22, 2020 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_._L_e_...g_e_r _________Date 9/16/20 *An asterisked item represents the cover sheet to a document that exceeds 25 pages. The complete document is in the file. Leger, Cheryl {BOS) From: Google Forms <[email protected]> Sent: Monday, November n 2019 6:25 PM To: SOTF, (BOS) Subject: New Response Complaint Form This message is from outside the City email system. Do not open links or attachments from untrusted sources. Your form has a new entry. Here are the results. , Complaint against which Department or Dept ofTechnology Commission Name of individual contacted at Department Linda Gerull, Michael Makstman, Arlene Licudine-Barker or Commission Alleged Violation Public Records Sunshine Ordinance 67.21(b), 67.26, 67.27 Section: See email attachments. Please describe alleged violation **This is about metadata and should go to IT committee. Name Anonymous 1 Email [email protected] If anonymous, please let us know how to contact [email protected] you. Thank you. Sert via Google Forms Email 2 Sunshine Ordinance Task Force Complaint Summary File No. 19119 Anonymous v. Linda Gerull, Michael Makstman, Arlene Licudine-Barker, Department of Technology Date filed with SOTF: 11/13/19 Contacts information (Complainant information listed first): Anonymous ( [email protected]) (Complainant) Linda Gerull ([email protected]); Michael Makstman ([email protected]) Arlene Licudine-Barker ([email protected]) Department of Technology (Respondent) File No. 19119: Complaint filed by Anonymous against the Department of Technology for allegedly violating Administrative Code (Sunshine Ordinance), Sections 67.2l(b), 67.26 and 67.27 by failing to respond to a public records request in a timely and/or complete manner. Administrative Summary if applicable: Complaint Attached. Complainant/Petitioner's Document Submission Leger, Cheryl (BOS) From: Anonymous <[email protected]> Sent: Monday, November 11, 2019 3:59 PM To: Makstman, Michael (TIS); Gerull, Linda (TIS); Licudine-Barker, Arlene (TIS); SOTF, (BOS) Subject: New Complaint - Anonymous vs Dept. of Tech, et al. Attachments: Request 19-4376 - NextRequest - Modern FOIA & Public Records Request Software.pdf; DT-19105.pdf; Request 19-4456 - NextRequest - Modern FOIA & Public Records Request Software.pdf This message is from outside the City email system. Do not open links or attachments from untrusted sources. SOTF, This is a new complaint. It should be sent to the IT committee for metadata. Please provide me a file number. Thanks Ms. Leger! Complainant: Anonymous ([email protected]) Agency: Dept of Technology Individual Respondents: Linda Gerull, Michael Makstman, Arlene Licudine-Barker Allegations: 67.21(b) - incomplete response 67.26 -withholding more than minimal/ failing to cite justification with clear reference 67 .27 - failing to cite law or court case for exemption Complaint: DT has replied incompletely to two requests. Explanation and requests are attached. NOTE: Nothing herein is legal, IT, or professional advice of any kind. The author disclaims all warranties, express or implied, including but not limited to all warranties of merchantability or fitness. In no event shall the author be liable for any special, direct, indirect, consequential, or any other damages whatsoever. The digital signature, if any, in this email is not an indication of a binding agreement or offer; it merely authenticates the sender. Please do not include any confidential information, as I intend that these communications with the City all be public records. Sincerely, Anonymous 1 Request #19-4376 0 CLOSED As of November 11, 2019, 2:46pm Details Immediate Disclosure Request - Oct 23, 2019 Ms. Gerull, Mr. Makstman, and the Department of Technology, I am thus making a NEW immediate disclosure request under the Sunshine Ordinance to Michael Maktsman as "custodian" of his own emails and the Department of Technology as the CPRA "local agency" for: 1. the full To header (with all email addresses) of the most recent email sent by Hank Heckel to Machtsman (the "Requested Email") 2. the full From (with all email addresses) header of the Requested Email 3. the full Cc (with all email addresses) header of the Requested Email 4. the full Bee (with all email addresses) header of the Requested Email 5. the full Delivered-To (with all email addresses) header of the Requested Email 6. the full Date header of the Requested Email 7. the full Subjed header of the Requested Email 8. the timestamps of all Received headers of the Requested Email (you do not need to provide the traced IP addresses or hostnames) 9. the full Accept-Language header of the Requested Email 10. the full Content-Language header of the Requested Email 11. the full Thread-Topic header of the Requested Email 12. the full Sender header of the Requested Email 13. finally, a PDF export of the Requested Email in whatever way OT would like to provide it These headers were chosen specifically because this information should be non-exempt and public, as Mr. Maktsman should be able to verify personally. Since Mr. Maktsman is a cybersecurity expert, he, as custodian, should have no issue providing these public parts of a record. All records must be provided in a rolling fashion. If you release records using NextRequest, please release them without requiring a login. Provide only those copies available without fees. You must answer each of the 13 sub requests. If you refuse to provide any of these or part thereof, you must provide a legal citation for each. Remember I have not requested any specific format so GC 6253.9(f) and SFAC 67.21 (I) are not available exemptions to you. It would also be hard to argue that any of these headers are GC 6254.19 information security records. I look forward to your immediate disclosure . Sincerely, -Read less Received October 23, 2019 via email Departments Dept of Technology Documents Email from Hank 1.P-df Staff Point of Contact Arlene Licudine-Barker Timeline ·Request Closed Public Your request for: Michael Maktsman as "custodian" of his own emails and the Department of Technology as the CPRA "local agency" for: 1. the full To header (with all email addresses) of the most recent email sent by Hank Heckel to Machtsman (the "Requested Email") 2. the full From (with all email addresses) header of the Requested Email 3. the full Cc (with all email addresses) header of the Requested Email 4. the full Bee (with all email addresses) header of the Requested Email 5. the full Delivered-To (with all email addresses) header of the Requested Email 6. the full Date header of the Requested Email 7. the full Subject header of the Requested Email 8. the timestamps of all Received headers of the Requested Email (you do not need to provide the traced IP addresses or hostnames) 9. the full Accept-Language header of the Requested Email 10. the full Content-Language header of the Requested Email 11. the full Thread-Topic header of the Requested Email 12. the full Sender header of the Requested Email 13. finally, a PDF export of the Requested Email in whatever way DT would like to provide it The responsive record was released to you on October 25 as request in PDF format. This concludes your public records request. November 1, 2019, 2:34pm External Message Public Dear Anonymous, Please find on this link the Department of Technology response to# 13 - "a PDF export of the Requested Email in whatever way OT would like to provide it" Respectfully, Arlene · October 25, 2019, 2:39pm by Arlene Licudine-Barker (Staff) Document(s) Released Public Email from Hank 1.pdf October 25, 2019, 12:10pm External Message Public Response to #13 October 25, 2019, 12:1 Opm by Arlene Licudine-Barker (Staff) External Message Public We will response to #13 today, October 25. I will send you the document October 25, 2019, 11 :56am by Arlene Licudine-B;;irker (Staff) External Message Public Your Immediate Disclosure Request was received on 10/23/2019 at 8:45 pm so we are treating it as received on the following business day of October 24, 2019. You have requested the following: I am thus making a NEW immediate disclosure request under the Sunshine Ordinance to Michael Maktsman as "custodian" of his own emails and the Department of Technology as the CPRA "local agency" for: 1. the full To header (with all email addresses) of the most recent email sent by Hank Heckel to Machtsman (the "Requested Email") 2. the full From (with all email addresses) header of the Requested Email 3. the full Cc (with all email addresses) header of the Requested Email 4. the full Bee (with all email addresses) header of the Requested Email 5. the full Delivered-To (with all email addresses) header of the Requested Email 6. the full Date header of the Requested Email 7. the full Subject header of the Requested Email 8. the timestamps of all Received headers of the Requested Email (you do not need to provide the traced IP addresses or hostnames) 9. the full Accept-Language header of, the Requested Email 10. the full Content-Language header of the Requested Email 11. the full Thread-Topic header of the Requested Email 12. the full Sender header of the Requested Email 13.