Ugh @chesaboudin has now repeatedly violated the CPRA + Sunshine Ordinance by simply refusing to respond to my records requests for his communications. Every request will be appealed. No official is above the law.pic.twitter.com/2rFCmkQsG1
Smasher of illegal records disclosures by public officials. Opponent of the abuse of State power everywhere. Not a lawyer/not legal advice. #FirstAmendment
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Ugh @chesaboudin has now repeatedly violated the CPRA + Sunshine Ordinance by simply refusing to respond to my records requests for his communications. Every request will be appealed. No official is above the law.pic.twitter.com/2rFCmkQsG1
Point of order: he responded, just not with the documents. Do you have a sense of the funding / staff available to city offices for sunshine requests? Seems like an underfunded aspect of the city. A city attorney friend (not SF) was telling me how much a PITA FOIAs are.
Not true. The CPRA requires the response to provide a notice of determination of disclosable public records and reasons thereof (CPRA Gov Code 6253(c)). His is NOT a lawful response. He states he *will respond* in 10 days and then does not. 1/2
Every agency in California thinks they are a PITA, and they are also the way the public gets to examine exactly what they do. Ordinance actually requires agencies who buy new computer systems to implement automatic segregation of disclosable info to make it easier; no one does.
The law does not allow Boudin to not provide a determination within the deadline. Examples given by SOTF's attorney about what is too big to ask for: all records in agency, all records mentioning "water." While there is a limit on what I can ask for, it is extraordinarily large.
Boudin has specific legal options given purportedly voluminous requests. He can provide what is "reasonable" within 10 & 24 days and then incrementally respond further. No matter what, he has to conduct the search and state whether there are records and if they are disclosable
I know you support him, so you should listen to his staff defending a complaint brought by someone else against him in a recent SOTF compliance committee. Chair LaHood asks pointed questions about their search, and his representative gives non-responsive answers. Not cool.
TBH Sunshine should superceded my opinions. I also understand how onerous it could be for the office.
They could have straight forwardly told the truth that it was onerous (not an excuse, but truth). Boudin personally allegedly did not preserve Signal messages with his staff, but his staff may well have had them at the time of request. But they only searched him, and not staff
I could also see DA and city attorney being more complex due to the nature of ongoing litigation. I gotta wonder if a ballot prop could fund / encourage a more streamlined process.
Some amendments I proposed: A requirement of a minimum retention of electronic public records for 1 year. That's not a funding thing: that's an officials don't WANT us to read their texts, so they delete em. Mayor Breed does it constantly.
Law already requires under 67.29-7(a) professional and businesslike retention of all correspondence. Herrera advises that essentially texts don't count. But we live in a modern world where "memos" have been superseded by a Mayor texting a Chief to get rid of homeless ppl
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