File No. 19136 · Item No. SUNSHINE ORDINANCE TASK FORCE AGENDA PACKET CONTENTS LIST Sunshine Ordinance Task Force Date: March 3, 2021 D Petition/Complaint Page:_ D Memorandum - Deputy City Attorney Page:_ D Petitioner/Complainant Supporting DocumentS Page:_ D RespondenfsResponse 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 Completed by: __C_. _L~eg~e_r______ Date 2/25/21 * An asterisked item represents the cover sheet to a document that exceeds 25 pages. The complete document is in the file on a disk P299 Leger, Cheryl (BOS) From: Google Forms <[email protected]> Sent: Friday, December 13, 2019 9:22 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 of Emergency Management, Municipal Transportation Agency, City Hall Department or Building Management, Sheriff's Department, Office of the City Administrator, Fine Arts Commission Museums of San Francisco . Name of individual dept heads: Mary Ellen Carroll (DEM), Tom Maguire.{MTA), Rob Reiter {City Hall), contacted at Department Andrico Penick (Director, Real. Estate), Vicki Hennessy {Sheriff), Naomi M. Kelly {ADM), or Commission Thom.as P. Campbell {FAMSF) Alleged Violation Public Records Sunshine Ordinance 67.21, 67.25 (and also 67.34 for FAMSF only) Section: Please describe alleged See attachment in email. violation Name Anonymous P3bO Email arecordsrequestor+[email protected] If anonymous, please let us know how to contact arecordsrequestor+[email protected] you. Thank you. Sent via Google Forms Email P301 Sunshine Ordinance Task Force Complaint Summary File No. 19136 Anonymous v. Office of the City Administrator, Naomi M. Kelly Date filed with SOTF: 12/16/19 Contacts information (Complainant information listed first): Anonymous ([email protected]) (Complainant) Office of the City Administrator ([email protected]), Naomi Kelly. (naomi.kelly@sf gov. org) (Respondents) File No. 19136: Complaint filed by Anonymous against Naomi Kelly and the Office of the City Administrator for allegedly violating Administrative Code (Sunshine Ordinance), Sections 67.21 and 67.25 by failing to respond to an Immediate Disclosure Request in a timely and/or complete manner. Administrative Summary if applicable: Complaint Attached. P302 IN THE SAN FRANCISCO SUNSHINE ORDINANCE TASK FORCE Anonymous v. Sunshine Ordinance Department of Emergency Petition and Complaint Management, Mary Ellen Carroll (DEM), Municipal Transportation Dec. 13, 2019 Agency, Tom Maguire (MTA), City SOTF No .. Hall Building Management, Rob . Reiter (City Hall), And+ico Penick, (Director, Real Estate), Sheriffs Department, Vicki Hennessy (Sheriff), Office of the City Administrator, Naomi M. Kelly (ADM), Fine Arts Museums of San Francisco, Thomas P. Campbell (FAMSF) COMPLAINT [SFAC 67.21, 67.25, 67.34] I allege Respondents failed to respond to an immediate disclosure request in a timely and complete manner. I made on Dec 7, 2019 the following IDRs for the Department Head's1 (per SF Charter 2A.30) 1 week of past calendars, 1 week of https://transparentcalifomia.com/salaries/2018/san-francisco/robert-m-reiter/ lists Reiter· as "Principal Real Property Ofc;' in 2018. https://sfaov.org/realestate/contact-us lists Penick as Director of Real Estate Division, of which City Hall Building Management is a subsidiary. Whether Reiter, Penick, neither, or both are Department Heads under SF Charter 2A.30 is unknown. A Deputy City Attorney memo on this would be useful to know whether either has to maintain a Prop G calendar. Regardless, that doesn't excuse not even providing a 'no records' response. https://transparentcalifornia.com/salaries/2018/san-francisco/thomas-p-campbell/ lists Campbell as a · "Dept Head Ilr' in San Francisco in 2018. https://transparentcalifm:nia.com/salaries/2018/san-francisco/naomi-m-kellvj lists Kelly as "Dept Head V'' in San Francisco .in 2018. https://transparentcalifornia.com/salaries/2018/san-francisco/vicki-l-hennessy/ lists Hennessy as a "Sheriff (SFERS)" in San Francisco in 2018, so she qualifies as Department Head as an elected official. (footnote continues on next page) Anonymous v. Six Agencies and their Department Heads P303 PG1 future calendars, 10 govt emails, and 10 emails about public business from personal . accounts (if any, subject to City of San Jose). I also requested rolling responses and exact copies on the same day. O~t of 25 City agencies receiving substantially identical ID Rs, these six are the only agencies who have failed to respond as of Dec. 13, which is a full business week. Response was due Dec. 10 (Tuesday) as all IDRs were deemed received no later than Dec. 9 (Monday). Furthermore, I ask that the Task Force investigate an intentional or willful violation (SFAC 67.34) against the .Fine Arts Museums of San Francisco and its department head to the extent permitted by the Sunshine Ordinance (see below). From To [email protected] marvellen. [email protected] (DEM) [email protected] [email protected] (MTA) [email protected] City.HalLBuilding.Management@sfgov. org (City Hall) 84168-39742724@reg,uests.muckrock.com [email protected] (Sheriff) [email protected] :[email protected] (F AMSF) [email protected] [email protected] (ADM) [email protected] 2 (footnote continues from previous page) https://www.sfmta.com/people/tom-maguire lists Maguire as .Interim Director of Transportation, Director of Transportation (assumed that an interim head must fulfill all dept head responsibilities). https://transparentcalifornia.com/salal'l.es/2018/san-francisco/mary-ellen-carroll/ lists · Carroll as "Dept Head IV' in San Francisco in 2018. 2 Each of these email addresses gives automatic responders instructing me to use the other email, so I sent the request to both. Both automatic responders say: "Due to the large number of email this office receives, for all other requests, please allow at least three business days for a response." I do not believe this instant automatic responder qualifies as a response under SFAC 67.25(a). Regardless, three business days was no later than Dec 12. This complaint was filed after close of business Dec 13 .. Anonymous v. Six Agencies and their Department Heads P304 PG2 . ALLEGATIONS 1. Violations of SF Admin Code 67.21, 67.25 - failure to respond in a timely and complete manner (against all respondents) · An immediate disclosure request was made Dec 7 (Saturday), deemed received Dec 9 (Monday). No response was received by Dec. 10 (Tuesday). No response has been received by Dec. 13, either. 2. Violations of SF Adinin Code 67.34 - intentional or willful violation of the Sunshine Ordinance (against FAMSF only) F AMSF appears to have 9imply stopped responding to public records requests from me, or to provide any follow-up on my older records requests, none of which have received any replies since mid-October. FAMSF appears to have refused to cooperate in the Task Force's investigation of my existing complaint SOTF 19113. SOTF administration served FAMSF with the complaint 19113 via email on Oct 30, stating, inter alia: Jason: Moment, Thomas Campbell and the Fine Arts Museum have been named as Respondents 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. As of Dec. 8, SOTF administration ·did not have a response from FAMSF respondents, long after the 5-business day deadline. Anonymous v. Six Agencies and their D~partment Heads .P305 PG3 REQUEST FOR RELIEF Please find that the Respondents violated SF Admin Code sections 67.21, 67.25 and investigate FAMSF under 67.34, determine that some or all of the records or portions thereof· withheld or not yet disclosed are public, issue all appropriate orders, and refer F AMSF to all appropriate authorities as needed. NOTE: Please be certain you have properly redacted all of your responses. Once you send them to us, there is no going back. The email address sending this request is a publicly- 1. viewable mailbox. All of your responses (including all responsive records) may be ! instantly and automatically available to. the public online via the MuckRock.com FOIA service used to issue this request (though the requester is an anonymous user, not a representative of MuckRock). The author is an adversarial party against the City. Nothing herein is legal, IT, or professional advice of any kind, and the City should consult its own advisors. 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 disclosable public records. Respectfully submitted, ANONYMOUS ·Complainant/Petitioner (exhibits include all email threads) ·Anonymous u. Six At;encies and their Department Heads P306 PG4 EXHIBIT D - City Admin Anonymous v. Six Agencies and their Department Heads P307 PG23 Subject: California P~blic Records Act Reqpest: Calendars and Emails - Immediate Disclosure Request ( ..