File No. 20033 Item No. 4 SUNSHINE ORDINANCE TASK FORCE AGENDA PACKET CONTENTS LIST Complaint Committee Date: December 15, 2020 · riJ. Petition/Complaint Page:\ 0 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--'-eg...._e~r _________ Date 12/10/20 *An asterisked item represents the cover sheet to a document that exceeds 25 pages. The complete document is in the file. pg Leger, Cheryl (BOS) From: Google Forms <[email protected]> Sent: Sunday, February 9, 2020 12:15 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 (no agency for 67.29-5) Commission Name of individual contacted at Depa~tment London Breed or Commission Alleged Violation Public Records Sunshine Ordinance 67.29-5 failure to maintain Prop G calendar, 67.21 incomplete response Section: Please describe alleged See email with attachments violation Name Anonymous 1 P10 Email [email protected] If anonymous, please let us know how to contact [email protected] you. Thank you. Sent via Google Forms Email p~ 1 Sunshine Ordinance Task Force Complaint Summary File No. 20033 Anonymous v. London Breed Date filed with SOTF: 2/19/2020 Anonymous ( [email protected]) (Complainant) The Office of the Mayor; London Breed ([email protected]) Hank Heckel (Hank Heckel ([email protected]) (Respondents) File No. 20033: Complaint filed by Anonymous against London Breed for allegedly violating Administrative Code (Sunshine Ordinance), Sections 67.21, 67.29-5 by failing to maintain a Prop G calendar. Administrative Summary if applicable: Complaint Attached. P12 Complainant/Petitioner's Document Submission P13 Leger, Cheryl (BOS) From: Anonymous <[email protected]> Sent: Sunday, February 9, 2020 11 :15 AM To: Breed, Mayor London (MYR); MayorSunshineRequests, MYR (MYR); SOTF, (BOS) Subject: SOTF - New Complaint vs London Breed, Prop G Calendars Attachments: Exhibit-Mayor-PropG.pdf; PropG-Consent-Letter-Template-v2.pdf; signature.asc SOTF - Please file a new complaint: Anonymous ([email protected]) v [London Breed] (there is no agency respondent for a 67.29-5 calenda.r issue). Allegation: SFAC 67.29-5 failure to maintain Prop G calendar; SFAC 67.21 incomplete response. [London Breed], The Sunshine Ordinance Task Force in 19108 Anonymous v. Herrera, et al. ruled unanimously on Feb 5 that the City Attorney violated SF Admin Code 67.29-5 by not recording places of and (if not otherwise publicly recorded) general statement of issues discussed at meetings in his calendar. A few weeks back, we audited approximately 40 agencies' heads' calendar and email public records compliance, including your agency. In light of 19108, we allege that you as the responsible official violated the Sunshine Ordinance, SF Admin Code 67.29-5, because you did not keep or cause to be kept a daily calendar with: [(if not otherwise publicly recorded) a general statement of issues discussed at each meeting.]. Alternatively, you did record the detailed information in your calendar and it has been withheld from us for unknown reasons constituting an incomplete response, SFAC 67 .21. We intend to bring SOTF complaints to enforce all 16 allegedly non-compliant agency heads' compliance with SFAC 67.29-5. As per the ruling in 19108, the respondent is the official and not the agency as a whole or their staff, as the official is personally responsible under SFAC 67.29-5 but can delegate that work however they want. However, in lieu of a complaint, hearings, and eventual Order from SOTF for this issue, we would also accept the attached consent letter signed by you on official letterhead. If you are amenable to the consent letter approach, please review with your attorneys and let us know before close of business Feb 12, 2020. If you would like altered verbiage, that may be negotiated as well. If a letter amenable to us is signed and published, and the forthcoming Prop G calendar entries satisfy us, we will drop the complaint. Our goal is complete Sunshine compliance going forward throughout the entire City, which we can achieve through SOTF Orders or your voluntary binding compliance. Notes: [ Examples of alleged violations from your Prop G calendars are attached. They do not have the required detail pursuant to 67.29-5. Meetings with your staff or other mayors etc. does not tell the public what issues were discussed. Given that these meetings are not recorded, they probably have the most interesting topics. The deliberative process privilege is banned in SF, so the public has a right to know what you discussed in private in _c:ill meetings. ] · 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 (signature.asc attachment}, 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 government all be disc/osable public records. 1 P14 Sincerely, Anonymous 2 P15 DRAFT ONLY - CONSENT LETTER PROPOSED BY COMPLAINANT Via email to: [email protected] ; [email protected] RE: Consent Letter Proposition G (SF Admin Code 67.29-5) Calendars To the Sunshine Ordinance Task Force and the Anonymous Complainant: I, Respondent, accept responsibility for not correctly keeping or causing to be kept a Proposition G calendar in accordance with SF Administrative Code 67.29-5. I agree to keep or cause to be kept a Proposition G calendar going forward in accordance with all requirements in SF Administrative Code 67.29-5, including, but not limited to, recording (within 3 business days of the event) the following information for every meeting or event I attend whether in person or telephonically: • the place, • the time, • a general statement of issues discu$sed (if the. meeting or event is not otherwise publicly recorded), and • identity of attendees (if and as required by SFAC 67.29-5). I agree to publish this signed consent letter on a public part of my agency's website and link to this letter from my agency's Public Records or Contact Us or similar page under the link title "Sunshine Ordinance Consent Letter re: Proposition G Calendars" for the duration of my tenure as an official subject to SFAC 67.29-5. RESPONDENT: Name: Title: Agency: Signature: Date: P16 EXHIBIT A - Prop G calendar entries Carnes, Chantel (MYR) Subject: Senior Staff Check In Location: Remote Conference Call Start: Tue 10/29/2019 9:30 AM End: Tue 10/29/2019 9:52 AM Recurrence: (none) Organizer: PropG, Mayor (MYR) Attendees: Mayor's Office Staff 1 P17 Carnes, Chantel (MYR) Subject: Senior Staff Check In Location: Remote Conference Call Start: Wed 11/13/2019 9:05 AM End: Wed 11/13/2019 9:12 AM Recurrence: (none) Organizer: PropG, Mayor (MYR) Attendees: Mayor's Office Staff 1 P18 Carnes, Chantel {MYR) Subjed: Senior Staff Check In Location: Remote Conference Call Start: Mon 10/28/2019 9:00 AM End: Mon 10/28/2019 9:12 AM Recurrence: (none) Organizer: PropG, Mayor (MYR) Attendees: Mayor's Office Staff 1 P19 Carnes, Chantel (MVR) Subject: Meeting Re: Policy Location: City Hall, Room 200, Mayor's OffiC:e Start: Mon 10/21/2019 1:10 PM End: Mon 10/21/2019 1:36 PM Recurrence: (none) Organizer: PropG, Mayor (MYR) Attendees: Mayor's Office Staff 1 P20 Carnes, Chantel (MYR) Subject: Meeting with Superintendent Matthews Location: City Hall, Room 200, Mayor's Office Start: Mon 10/21/2019 2:00 PM End: Mon 10/21/2019 2:23 PM Recurrence: (none) Organizer: PropG, Mayor (MYR) Attendees: Vincent Matthews, Superintendent, San Francisco Unified School District Viva Mogi, City Government Liaison and School Partnerships, San Francisco Unified School District Mayor's Office Staff 1 P21 Carnes, Chantel (MYR) Subject: Meeting with Supervisor Rafael Mandelman Re: District 8 Location: City Hall, Room 200, Mayor's Office Start: Thu 11/14/2019 3:05 PM End: Thu 11 /14/2019 3:32 PM Recurrence: (none) Organizer: PropG, Mayor (MYR) Attendees: Supervisor Rafael Mandelman, District 8 Mayor's Office Staff 1 P22 Carnes, Chantel (MYR) Subject: Meeting with Supervisor Sandra Fewer Re: District 1 Location: City Hall, Room 200, Mayor's Office Start: Thu 11/14/2019 3:32 PM End: Thu 11/14/20194:15 PM Recurrence: (none) Organizer: PropG, Mayor (MYR) Attendees: Supervisor Sandra Fewer, District 1 Mayor's Office Staff P23 Carnes, Chantel (MYR) Subject: Courtesy Call with Mayor of Heidelberg, Germany Location: City Hall, Room 200, Mayor's Office Start: . Mon 10/28/2019 2:06 PM End: Mon 10/28/2019 2:39 PM Recurrence: (none) Organizer: PropG, Mayor (MYR) Attendees: Professor Doctor Eckhart Wurzner, Mayor of Heidelberg Germany Nicole Huber, City Director of Heidelberg, Chief of Staff to Mayor Wurzner, General Manager, Heidelberg Club International Mayor's Office Staff 1 P24 I December 23, 2019 Monday 9:00 AM - 9:30 AM Meeting Re: Senior Staff Check In -- Remote Conferene Call Attendees: • Mayor's Office Staff 12:44 PM - 1:17 PM Meeting· with Mayor Steinberg -- City Hall, Room 200, Mayor's Office Attendees: • Darrell Steinberg, Mayor, City and County of Sacramento • Mayor's Office Staff P25 EXHIBIT B - Request$/Responses · 2/9/2020 Permanent Calendar Archive - Immediate Disclosure Request• MuckRock Subject: California Public Records Act Request: Pennanent Calendar Archive - Immediate Disclosure Request Mayor Breed, Andrea Bruss, Sean Elsbernd, and the Office of the Mayor, **NOTE: Redact your records correctly.