File No Item No. 6 SUNSHINE ORDINANCE TASK FORCE AGENDA PACKET CONTENTS LIST

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1 File No Item No SUNSHINE ORDINANCE TASK FORCE AGENDA PACKET CONTENTS LIST =S=O~T..::...F...;C;;...;o:;;.:;.m=p=l=a=in;,.;;..t...;:;;C...;:;;o=m=m=i=tt=e=e Date: October 27, 2015 ~ Memorandum - Deputy City Attorney ~ Complaint and Supporting documents ~ Respondent's Response Order of Determination D D D D D. No Attachments Minutes Correspondence Committee Recommendation/Referral. OTHER D D D D Administrator's Report Report Proposed Legislation Completed by:..;:...v-=--. Y..::...o=u=-n=g Date 10/23/15 *An asterisked item represents the cover sheet to a document that exceeds 25 pages. The complete document is in the file. P289

2 CITY AND COUNTY OF SAN FRANCISCO DENNIS J. HERRERA City Attorney OFFICE OF THE Clli ATIORNEY NICHOLAS COLLA Deputy City Attorney Direct Dial: (415) MEMORANDUM TO: FROM: DATE: RE: Sunshine Ordinance Task Force Nicholas Colla Deputy City Attorney October 22, 2015 Complaint No Anonymous v. Municipal Transportation Agency COMPLAINT Complainant Anonymous ("Complainant") alleges that the Municipal Transportation Agency ("MTA'') violated public records laws by failing to timely/adequately respond to his, August 7, 2015 Immediate Disclosure Request ("IDR"). COMPLAINANT FILES COMPLAINT On August 14, 2015, Complainant filed this complaint with the Task Force alleging that MTA failed to timely respond to his request for public records. JURISDICTION The MTA is a City department subject to the provisions of the Sunshine Ordinance governing public records. The MTA does not contest jurisdiction to hear this complaint. APPLICABLE STATUTORY SECTION(S) Section 67 of the San Francisco Administrative Code: Section governs responses to a public records request. Section governs immediacy of response. Section 6250 et seq. of the Cal. Gov't Code Section 6253 governs the release of public records and the timing of responses. APPLICABLE CASE LAW None BACKGROUND On August 14, 2015, Complainant hand delivered and IDR request for public records to MTA, which was addressed to Tom Nolan, Chairman ofmta, and Caroline Celaya ("Ms. Celaya"), MTA Manager of Public Records Requests, in which he stated in part as follows:... please mail to me at the above address a complete copy of all motions, actions, regulations, and rules that have come before the [MTA] that describe or define any and all proposed or implemented changes to the Fox PLAZA 1390 MARKET STREET, 6TH FLOOR SAN FRANCISCO, CALIFORNIA RECEPTION: (415) FACSIMILE: (415) n:\codenf\as2014\ \ doc P290

3 CITY AND COUNTY OF SAN FRANCISCO MEMORANDUM OFFICE.OF THE CITY ATTORNEY TO: Sunshine Ordinance Task Force DATE: October 22, 2015 PAGE: 2. RE: Complaint No Anonymous v. Municipal Transportation Agency MUNI 33 Stanyan/Ashbury bus routing for the period January 1, 2014 up to and including August 7,,2015. On August 13, 2015, Ms. Celaya sent Complainant a letter responding to his IDR in which she apologized for the tardy response and attached records that were allegedly responsive to the requesj:. QUESTIONS THAT MIGHT ASSIST IN DETERMINING FACTS What documents did MTA provide to Complainant in response to the IDR? Why did MTA provide a tardy response to the IDR? Does MTA possess any other documents that may be responsive to the IDR? LEGAL ISSUES/LEGAL DETERMINATIONS Did Complainant properly make a request for immediate disclosure to.mta? Did MTA respond to Complainant's request in a timely manner? Did MTA violate Sunshine Ordinance Sections and/or by failing to adequately response to Complainant's IDR? CONCLUSION THE TASK FORCE FINDS THE FOLLOWING FACTS TO BE TRUE: THE TASK FORCE FINDS THE ALLEGED VIOLATIONS TO BE TRUE OR NOT TRUE. * * * CHAPTER 67, SAN FRANCISCO ADMINISTRATIVE CODE (SUNSHINE ORDINANCE) SEC PROCESS FOR GAINING ACCESS TO PUBLIC RECORDS; ADMINISTRATIVE APPEALS (a) Every person having custody of any public record or public information, as defined herein, (hereinafter referred to as a custodian of a public record) shall, at normal times and during normal and reasonable hours of operation, without unreasonable delay, and without requiring an appointment, permit the public record, or any segregable portion of a record, to be inspected and examined by any person and shall furnish one copy thereof upon payment of a reasonable copying charge, not to exceed the lesser of the actual cost or ten cents per page. (b) A custodian of a public record shall, as soon as possible and within ten days following receipt of a request for inspection or copy of a public record, comply with such request. Such n:\codenf\as2014\ \ doc P291

4 CITY AND COUNTY OF SAN FRANCISCO OFFICE OF THE CITY ATIORNEY MEMORANDUM TO: DATE: PAGE: RE: Sunshine Ordinance Task Force October 22, Complaint No Anonymous v. Municipal Transportation Agency. request may be delivered to the office of the custodian by the requester orally or in writing by fax, postal delivery, or . If the custodian believes the record or information requested is not a public record or is exempt, the custodian shall justify withholding any record by demonstrating, in writing as soon as possible and within ten days following receipt of a request, that the record in question is exempt under express provisions of this ordinance. ( c) A custodian of a public record shall assist a requester in identifying the existence, form, and nature of any records or information maintained by, available to, or in the custody of the custodian, whether or not the contents of those records are exempt from disclosure and shall, when requested to do so, provide in writing within seven days following receipt of a request, a statement as to the existence, quantity, form and nature of records relating to a particular subject or questions with enough specificity to enable a requester to identify records in order to make a request under (b). A custodian of any public record, when not in possession of the record requested, shall assist a requester in directing a request to the proper office or staff person. SEC IMMEDIACY OF RESPONSE (a) Notwithstanding the 10-day period for response to a request permitted in Government Code Section 6256 and in this Article, a written request for information described in any category of non-exempt public information shall be satisfied no later than the close of business on the day following the day of the request. This deadline shall apply only if the words "Immediate Disclosure Request" are placed across the top of the request and on the envelope, subject line, or cover sheet in which the request is tran_smitted. Maximum deadlines provided in this article are appropriate for more extensive or demanding requests, but shall not be used to delay fulfilling a simple, routine or otherwise readily answerable request. (b) If the voluminous nature of the information requested, its location in a remote storage facility or the need to consult with another interested department warrants an extension of 10 days as provided in Government Code Section , the requester shall be notified as required by the close of business on the business day following the request. ( c) The person seeking the information need not state his or her reason for making the request or the use to which the information will be put, and requesters shall not be routinely asked to make such a disclosure. Where a record being requested contains information most of which is exempt from disclosure under the California Public Records Act and this article, however, the City Attorney or custodian of the record may inform the requester of the nature and extent of the nonexempt information and inquire as to the requester's purpose for seeking it, in order to suggest alternative sources for the information which may involve less redaction or to otherwise prepare a response to the request. ( d) Notwithstanding any provisions of California Law or this ordinance, in response to a request for information describing any category of non-exempt public information, when so requested, the City and County shall produce any and all responsive public records as soon as reasonably possible on an incremental or "rolling" basis such that responsive records are produced as soon as possible by the end of the same business day that they are reviewed and collected. This section is intended to prohibit the withholding of public records that are responsive to a records request until all potentially responsive documents have been reviewed and collected. Failure to comply with this provision is a violation of this Article. n:\codenf\as2014\ \ doc P292

5 CITY AND COUNTY OF SAN FRANCISCO OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: DATE: PAGE: RE: Sunshine Ordinance Task Force October 22, Complaint No Anonymous v. Municipal Transportation Agency CAL. PUBLIC RECORDS ACT (GOVT. CODE 6250, ET SEQ.) SEC (a) Public records are open to inspection at all times during the office hours of the state or local agency and every person has a right to inspect any public record, except as hereafter provided. Any reasonably segregable portion of a record shall be available for inspection by any person requesting the record after deletion of the portions that are exempted by law. (b) Except with respect to public records exempt from disclosure by express provisions of law, each state or local agency, upon a request for a copy of records that reasonably describes an identifiable record or records, shall make the records promptly available to any person upon payment of fees covering direct costs of duplication, or a statutory fee if applicable. Upon request, an exact copy shall be provided unless impracticable to do so. ( c) Each agency, upon a request for a copy of records, shall, within 10 days from receipt of the request, determine whether the request, in whole or in part, seeks copies of disclosable public records in the possession of the agency and shall promptly notify the person making the request of the determination and the reasons there/or. In unusual circumstances, the time limit prescribed in this section may be extended by written notice by the head of the agency or his or her designee to the person making the request, setting forth the reasons for the extension and the date on which a determination is expected to be dispatched. No notice shall specify a date that would result in an extension for more than 14 days. When the agency dispatches the determination, and if the agency determines that the request seeks disclosable public records, the agency shall state the estimated date and time when the records will be made available. As used in this section, "unusual circumstances" means the following, but only to the extent reasonably necessary to the proper processing of the particular request: (1) The need to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request. (2) The need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records that are demanded in a single request. (3) The need for consultation, which shall be conducted with all practicable speed, with another agency having substantial interest in the determination of the request or among two or more components of the agency having substantial subject matter interest therein. n:\codenf\as2014\ \ doc P2.93

6 fsunshine Ordinance Task Force. Complaint Summary File No Anonymous V SFMTA Date filed with SOTF: 8/14/15 Contacts information (Complainant information listed first): P.O. Box 42791, San Francisco, CA SFMTA SUNSHINE REQUESTS (MTA) <sfmtasunshinerequests@sfmta.com>; Celaya, Caroline (MTA) <caroline.celaya@sfmta.com>; Boomer, Roberta (MTA) ro berta. boomer(@sfmta.com File No : Complaint filed by Anonymous against the San Francisco Municipal Transportation Agency for allegedly violating Administrative Code (Sunshine Ordinance), Section 67.25, for failure to response to an Immediate Disclosure Request in a complete and/or timely manner. Date public record was requested by Complainant: August 7, 2015 Or. Date of alleged violation/incident: Date of Respondent response to Complainant original request: Administrative Summary if applicable: See attached complaint. P294

7 Post Office Box San Francisco, California August 13, 2015 Mr. Victor Young Administrator Sunshine Ordinance Task Force City Hall, Board of Supervisors Office of the Clerk San Francisco, California Dear Mr. Young, Anonymous complaint against SFMTA Please enter into the proceedings of the Sunshine Ordinance Task Force an anonymous complaint against the San Francisco Municipal Transportation Agency for their failure to respond to an Immediate Disclosure Request (IDR) I filed in person at their One South Van Ness Office, Friday, August 7, 2015 ( cf attached document). You will note that Carolyn Celaya initialed and received IDR in the attached letter. Please notify me at the above address the date and time of the hearing for this complaint to be heard. Yours truly, - i P295

8 IMMEDIATE DISCLOSURE REQUEST Post Office Box San Francisco, Cali:{ornia Mr. Tom Nolan Chairman San Francisco Municipal Transportation Agency (aka SFMTA) One South Van Ness Avenue, Seventh floor, San Francisco, California (415) (415) (FAX) (415) (FAX),Attention: Ms. Caroline Celaya August 7, 2015 Dear Mr. Nolan, Re: MUNI 33 Ashbucy/Stanyan bus routing In accordance with the San Francisco Sunshin~ Ordinance please mail to me at the above address ~ compl~te copy of all motions, actions, regulations, and rules that have come before the San Francisco Municipal Transportation Agency that describe or define any ana all proposed or implemented changes to.the MUNI 33 Stanyan/ Ashbury bus routing for the period January 1, 2014 up to and including August 7, Yours truly, Nick Pasquariello G f '/.,... I, ( - P296

9 SF T Municipal Transportation Agency Torn No!on, C:hail'man tv1::tk:ohn Hemickc DHectar.Jei'Pi Lee, fl11e~tar,.joj;i Ran1os. Dffffl'Wr Cristina Ruhke, [ilrector ;.~.;~.. E~~~\'tr{ D. Rei2kin D1i"Bl 1 W! of T'-ai1sp:1rt,.:;;;on August 19, 2015 Mr. Victor Young Administrator, Sunshine Ordinance Task Force City Hall, Room Dr. Carlton B. Goodlett Place San Francisco, CA Re: Complaint No Dear Mr. Young: I am writing in response to complaint #15120 fil~~,i~~'.@tkpasquariellq;~~;~:f.:;,:8,1 Pasquariello alleges that the SFMTA did not prgyt~e.;:k:~f.iwely and/ or co.$.p.l.~t,~ respopse<" '.L,_ to his August 7, 2015 immediate disclosure q~q@sj{_':)i/'.\;,:,;'}t'.-t:;f.,,. ~rn'~>.,.-y:f_;'.;'~~-'~;;,:>, ~:i i~::;~~~~~~a~~:~~=td 7~~~~S~~~~iJ~~1~::quest to,~~ ~~J~~jlhand ~~~e: ~!:~r:~~i~f.;;~~~~f.~~~i:~wj!yb~et~et~ 1 ~::~~1Zf lli~~~~if il~;;:s:~o. 1. ~1~ii~~~;,. ~h: ~~r~:~i~~~i~it~il~ r~~:~=;~~~~1~:@~ii!ii;~i~~~:.~; :r ~f,~!t(;~'~~i::,...' =::: ::::~y~~;/f H..:\:; ;.:;:::.(.. :<:.:r.. :~..:\:\ ~: }: :.::.-~.. =~:~H~\{\ ~ ~,:... : ~~<-:::..:: ;).: g::.~:::-: :: :..::::'. ".:,.: :. :'.f ;.:.:=.....,.. :... the legal deadlines going forward. ;r,ipct);j/; }f ';\iii. The SFMTA regrets the dei~yrn: Hµ}_r;.~~~P.'.$:il:~ ~,ip)lylt P~iquariello and is striving to m;~~(},:!( Sincerely, ' >,. ~~-~~.,. '.' ". :'. ~. : '.. Attachments. cc: Nick Pasquariello 1 South Van Ness Avenue 7th Floor, San Francisco, CA 94 i 03. )~,j~jv~:~ P297

10 SF Municipal Transportation Agency Eciwn' M. Lee, Mavor Torn f'jo!on, Cha:r1ran ~:ialcoir';l Heinick.ej Dilect.r;1 Cher~.:l Bnfi!c:.rnan. tice Cheianan 1 Josl Ramos. D;recrw Gwyneth Borden. Df1ac!o1 C11!3tma Flubke. D1r111:tor Er.~\ VF~:d D. Raiskin. Direr.tar of lfansp1j!tat10n August 13, 2015 Sent Via USPS Mr. Nick Pasquariello Post Office Box San Francisco, CA RE: Immediate Disclosure Request Dear Mr. Pasquariello: On behalfof the San Francisco Municipal this letter responds to your immediate apologize for the delay in my response to.r..,.,...,,..." '/. :::.. The Records Requested You have requested a copy of: "all motions, actions, Municipal implemented January 1, I request. Enclosure I South Van l\jess Avenue 7th Floor, San Francisco, CA P298

11 Celaya, Caroline From: Sent: To: Cc: Subject: A~tachments: Importance: Celaya, Caroline Friday, August 07, :18 PM Rozier, Leda Kirschbaum, Julie B; IDR#15-336, due COB 8/10, Pasquariello, Nick IDR 336.pdf High 1; Rivas, Cindy Leda: Prease see the attached request and forward responsive documents Al reply is due COB Monday, August 10, I Thank you, Caroline Celaya Manager, Public Records Requests P299

12 IMMEDIATE DISCLOSURE REQUEST Post Office Box San Francisco, California August 7, 2015.:rv.rr. Tom Nolan Chairman San Francisco Municipal Transportation Agency (aka SFMTA) One South Van Ness Avenue, Seventh floor, San Francisco, California 94~03 (415) (415) (FAX) (415) (FAX) Attention: Ms. Caroline Celaya! Dear Mr. Nolan, Re: MUNI 33 Ashbury/Stanyan bus routing In accordance with the San Francisco Sunshine Ordinance please mail to me at the above address a complete copy of all motions, actions, regulations, and rules that have come before the San Francisco Municipal Transportation Agency that describe or define any and all proposed or implemented changes to the MUNI 33 Stanyan/Ashbury bus routing for the period January 1, 2014 up to and including August 7, Nick Pasquariello tx\jg 01 20\5 Initial: _!1J/_- P300

13 From: To: Cc: Subject: Date: Boomer. Roberta Celaya Caroline Kennedy. Sean M FW: Overdue Wednesday, August 12, :46:07 PM Documents re: Nick Pasquierello's IDR that was due on 8/8 From: Kennedy, Sean M Sent: Wednesday, August 12, :58 PM To: Rozier, Leda Cc: Kirschbaum, Julie B; Haley, John; Boomer, Roberta Subject: RE: Overdue Hi Leda, From how I read the sunshine request, it sounds as if he is just asking for items that have gone before the MTA Board related to the 33 service changes. The only time that has gone before the MTA Board was atthe TEP actions on March 28, The service items approved atthattime are attached as item 7 and all documents and resolutions are included on the web site. Please find referenced here: There are 7 documents related to item 7... all of which mention the 33 move off of Potrero. Thanks. Sean From: Rozier, Leda Sent: Wednesday, August 12, :01 PM To: Kennedy, Sean M Cc: Kirschbaum, Julie B; Rozier, Leda Subject: Overdue Per our discussion. Thanks P301

14 IMMEDIATE DISCLOSURE REQUEST Post Office Box San Francisco, California Mr. Tom Nolan Chairman San Francisco Municipal Transportation Agency (aka SFMTA) One South Van Ness Avenue, Seventh floor, San Francisco, California (415) (415) (FAX) (415) (FAX) Attention: Ms. Caroline Celaya August 7, 2015 Dear Mr. Nolan, Re: MUNI 33 Ashbuty/Stanyan bus routing In accordance with the San Francisco Sunshine Ordinance please mail to me at the above address a complete copy of all motions, actions, regulations, and rules that have come before the San Francisco Municipal Transportation Agency that describe or define any and all proposed or implemented changes to the MUNI 33 Stanyan/Ashbury bus routing for the period January 1, 2014 up to and including August 7, AUG 01 20i5 Jnitia\:!!!/-. Nick Pasquariello P302

15 SUNSHINE ORDINANCE TASK FORCE City Hall 1 Dr. Carlton B. Goodlett Place, Room 244 San Francisco Tel. No. (415) Fax No. (415) TDD/TTY No. (415) October 13, 2015 Nick Pasquariello PO Box42791 San Francisco CA RE: Sunshine Ordinance Task Force - Anonymous v. San.Francisco Municipal Transportations Agency:-- Notice of Hearing (File No ) Dear Anonymous, You are receiving this notice, because you are named as a Complainant in the above reference file that is scheduled before the Sunshine Ordinance Task Force to hear the merits of the complaint. Date and Time: Location: October 27, 2015, at 4:00 PM City Hall, Room 408, 1 Dr. Carlton B. Goodlett Place San Francisco, CA File No : Complaint filed by Anonymous against the San Francisco Municipal Transportation Agency for allegedly violating Administrative Code (Sunshine Ordinance), Section 67.25, for failure to response to an hnmediate Disclosure Request in a timely manner and/or complete manner Complainant: Your attendance is required for this meeting/hearing. Documentation (evidence supporting/disputing complaint) - For a document to be considered, it must be received at least five (5) working days before the hearing. For inclusion in the agenda packet, supplemental/supporting documents must be received by 5:00 pm, October 27, Sincerely, Victor Young, Administrator, Sunshine Ordinance Task Force P303

16 Young, Victor From: SOTF, (BOS) Sent: Tuesday, October 13, :47 AM Cc: Calvillo, Angela (BOS) Subject: SOTF - Notice of Hearing - Complaint Committee: October 27, 2015 Good Afternoon: You are receiving this notice because you are named as a Complainant or Respondent in one of the following complaints scheduled before the Complaint Committee of the Sunshine Ordinance Task Force 1) to issue a determination of jurisdiction; 2) to review the merits of the complaint to focus the complaint or otherwise assist the parties to the complaint; and/or 3) to issue a report and/or recommendation to the Sunshine Ordinance Task Force. Date: October 27, 2015 Location: City Hall, Room 408 Time: 4:00 p.m. Complaints: File No : Complaint filed 'by Ali Altaha against the San Francisco Municipal Transportation Agency for allegedly violating Administrative Code (Sunshine Ordinance), Section 67.21, for failure to respond to a request for public records in a timely and/or complete manner. File No : Complaint filed by Larry Mendenhall against the San Francisco Municipal Transportation Agency for allegedly violating Administrative Code (Sunshine Ordinance), Section 67.21, for failure to respond request for public records in a tim~ly and/or complete manner. File No : Complaint filed by Larry Mendenhall against the San Francisco Municipal Transportation Agency for allegedly violating Administrative Code (Sunshine Ordinance), Section and 67.25, for failure to respond to an Immediate Disclosure Request in a timely ~nd/or complete manner. File No : Complaint filed by Anonymous against the San Francisco Municipal Transportation Agency for allegedly violating Administrative Code (Sunshine Ordinance), Section 67.25, for failure to response to various Immediate Disclosure Requests in a timely and/or complete manner. (Noticed via telephone) File No : Complaint filed by Anonymous against the San Francisco Municipal Transportation Agency for allegedly violating Administrative Code (Sunshine Ordinance), Section 67.25, for failure to response to an Immediate Disclosure Request in a timely manner and/or complete manner. File No : Complaint filed by Anonymous against Nick Carr and the San Francisco Municipal Transportation Agency for allegedly violating Administrative Code (Sunshine Ordinance), Sections and 67.25, for failure to respond to an Immediate Disclosure Request in a timely and/or complete manner. PS04

17 File No : Complaint filed by Anonymous against the San Francisco Municipal Transportation Agency for allegedly violating Administrative Code (Sunshine Ordinance), Sections 67.21(1) and 67.26, for failure to respond to an public records request in a timely and/or adequate manner and failure to make records available in any form requested which is easily generated. Complainants: Your attendance is required for this meeting/hearing. Respondents/Departments: Pursuant to Section (e) of the Ordinance, the custodian of records or a representative of your department, who can speak. to the matter, is required at the meeting/hearing. Documentation (evidence supporting/disputing complaint) For additional document to be considered, it must be received at least five (5) working days before the hearing (see attached Public Complaint Procedure). For inclusion of the agenda packet, supplemental/supporting documents mu.st be received by 5:00 pm, October 21, Victor Young Administrator Sunshine Ordinance Task Force 1 Dr. Carlton B. Goodlett Pl., Room 244 San Francisco CA phone fax Complete a Board of Supervisors Customer Satisfaction form by clicking the link below. 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 tha.t 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. PS05

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