file no. ------- item no. 3 ------- ·  · 2017-02-24the san francisco police department (sfpd)...

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File No. 16113 Item No. 3 ------- ------- SUNSHINE ORDINANCE TASK FORCE . AGENDA PACKET CONTENTS LIST =5....;;:;;0-=-T..;....F....;;;C;;..;::o;.::.:m..:...p=la=i=n.:..t C=-o=m=m=it=te=e;;........ _______ Date: February 28, 2017 Petition/Complaint Memorandum - Deputy City Attorney Complainant's. Supporting Documents Response D CorreS'pondence D Order of Determination D Minutes, D Committee Recommendation/Referral D Administrator's Report D No Attachments OTHER gr D D D D D D D D D D D Page:_ Page:..&:_ Page:/7 Page: 65 Page:_ Page:_ Page:_ Page:_ Page:_ Completed by:_---=-V-'-. Y"'-o=u=n=g ______ Date 02/24/17 *An asterisked item represents the cover sheet to a document that exceeds 25 pages. The complete document is in the file. P1

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Page 1: File No. ------- Item No. 3 ------- ·  · 2017-02-24The San Francisco Police Department (SFPD) ... provided by the police department was complete except for that email. ... misrepresentation

File No. 16113 Item No. 3 ------- -------SUNSHINE ORDINANCE TASK FORCE

. AGENDA PACKET CONTENTS LIST

=5....;;:;;0-=-T..;....F....;;;C;;..;::o;.::.:m..:...p=la=i=n.:..t C=-o=m=m=it=te=e;;........ _______ Date: February 28, 2017

~ Petition/Complaint ~ Memorandum - Deputy City Attorney ~ Complainant's. Supporting Documents ~ Re~ndent's Response D CorreS'pondence D Order of Determination D Minutes, D Committee Recommendation/Referral D Administrator's Report D No Attachments

OTHER

gr D D D D D D D D D D D

Page:_ Page:..&:_ Page:/7 Page: 65 Page:_ Page:_ Page:_ Page:_ Page:_

Completed by:_---=-V-'-. Y"'-o=u=n=g ______ Date 02/24/17

*An asterisked item represents the cover sheet to a document that exceeds 25 pages. The complete document is in the file.

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Young, Victor

From: Sent: To: Subject:

Follow Up Flag: Flag Status:

Larry Chan <[email protected]> Saturday, December 17, 2016 6:39 PM SOTF, (BOS) Police department records request

Follow up Flagged

I requested emails from the listed record and the police department would not release one email.

That email is completely blacked out and the SFPD would not release it citing the section it is an Internal Affairs matter.

The case was investigated and closed. I cooperated fully during their investigation and I tried to see my accuser from this email since it was not disclosed in my discovery. The manner in which it was received should be public record since it applies to my personnel records. I believe I have a right to see it.

Also the manner in which the memorandum was generated was not truthful by the SFPD and now they don't want to release still.

Thanks Lawrence Chan 150 San Aleso A venue San Francisco, CA 94127 le 1 [email protected]

See below

--- Please respond above this line ---

December 9, 2016

Via SFPD Records Portal le [email protected]

Lawrence Chan 150 San Aleso A venue San Francisco, CA 94127

RE: Public Records Request, dated November 18, 2016, Reference# P001686-111816

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Dear Lawrence Chan:

The San Francisco Police Department (SFPD) received your Public Records Act request, dated November 18, 2016. You requested, "all email correspondence from the SFGOV email of Sergeant Lynn Reilly #1141 for 12/21/2015"

Today, December 9, 2016, we provided you with a response to your request, please refer to the SFPD Records Portal for that response. Subsequently, we received two messages from you stating, "Pages 10-15 are all blacked out...what is blacked out of those pages?" and "I am specifically looking for the email at around 1030 am and 5 pages are blacked out.. .. that is probably the email I am looking for. .. Why is it redacted, because that email references me I believe ... ".

As previously stated in our initial response from today, December 9, 2016, please also note that responsive documents have been withheld under California Government Code § 6254(±) because "the disclosure would endanger the safety of a witness or other person involved in the investigation, or unless disclosure would endanger the successful completion of the investigation or a related investigation" and under CPRA § 6254(k) "Internal Affairs investigations are confidential personnel records pursuant to Penal Code§ § § 832.5, 832.7, and 832.8 and are exempted from disclosure. Section 6254(k) allows exemption of "[r]ecords, the disclosure of which is exempted or prohibited pursuant to federal or state law, including, but not limited to provisions of the Evidence Code relating to privilege".

If you have any questions, please.contact Kristine Singh at 415-575-7209.

Thank you for your attention.

Sincerely,

Lieutenant Kathryn Waaland Officer In Charge Legal Division

To monitor the progress or update this request please log into the SFPD Public Records Center.

This is an auto-generated email and has originated from an unmonitored email account. Please DO NOT REPLY.

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Young, Victor

From: Sent: To: Cc: Subject: Attachments:

Larry Chan <[email protected]> Tuesday, December 20, 2016 11: 11 AM Young, Victor [email protected] Re: SOTF - Complaint Filed with the Sunshine Ordinance Task Force - Complaint No. 16113 Sunshine emails Reilly.pdf; Steven Betz email.pdf

To the Sunshine Ordinance Task Force, I am filing a complaint with the SOTF because the San Francisco Police Department did not completely disclose

ALL of the public records I requested from November 181h, 2016 (Reference #P001686-11816). I requested all email correspondence from Sgt. Lynn Reilly's sfgov email for 12/21/2015.

On November 18, 2016, the SFPD invoked a 14-day extension per 6253(c) GC and Civil Code 11.

On December 9, 2016, the SFPD responded back with a 44-page document of what I requested. Some names and phone numbers listed were redacted, however, pages 10-15 were completely blacked out. Those 5 blacked out pages were the email(s) I was looking for since they referE!nced me.

I was the subject of an Internal Affairs investigation (SFPD IAD case #2015-0374) that has since been investigated and case was completed. I am appealing the discipline and received discovery on the matter. Missing in my discovery was the email generated from Sgt. Lynn Reilly of the SFPD Internal affairs, as her memorandum specifically stated she was emailed on her sfgov email anonymously of a screen shot photo of my private POA Facebook page (where I was informing members of shady tactics performed by our Internal Affairs criminal unit). The discovery packet provided by the police department was complete except for that email.

My question, was if the email was "anonymous" then why disclose it was received on an SFGOV, city email? I was very cooperative with the department's investigation. I contacted the Internal affair attorney, Steven Betz regarding the email and he emailed by representative back a discrepancy on what Sgt. Reilly listed in her memorandum. Steven Betz stated he spoke to Sgt. Reilly and she received an email to her private email, which she emailed to her work email. This statement alone contradicts what she wrote in her memorandum to generate the allegation against me. If that was the case her personal email address would have been redacted and not the entire thread, which leads me to believe something the SFPD wants to cover up.

I would like to see those 5 blacked out pages from pages 10-15. The SFPD is refusing to release the information using Government Code 6254(f) for witness protection and 6254(k) Internal Affairs investigations being confidential. There is no witness protection, as Sgt. Reilly claims in her memorandum it was sent to her SFGOV email anonymously, but never stated it was under the whistleblower act (nor falls under it). The item could be generated to harm me or my personal email could have been hacked. Lt. Kathryn Waaland of Legal signed all correspondence, but the email was obviously from some civilian typing for Lt. Waaland, as the reply emails to me were cc'd back to her.

The Internal Affairs matter is not confidential when it is my own. I waive any confidentiality regarding this matter so the Task Force can look into this matter. I have nothing to hide. It is my personnel record and I have a right to see all matters concerning it if it harms my file.

I am a Sergeant of Police with the SFPD for over 23 years, a native San Franciscan and current resident. I am a POA representative and the allegation from the department was for me exposing unethical tactics to the membership.

I was investigated and I was forthright during the department's investigation of me. I in turn would like the SFPD to be honest with me and release 5 missing pages. What are they trying to hide? Coupled with the obvious lie and misrepresentation of the truth that Sgt. Reilly wrote in her memorandum, makes me question the blacked out emails even more now.

Who holds Internal Affairs accountable? Transparency only works through the entire the department, not just for those that investigate police officers. ·

Thank You, Lawrence Chan

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SOTF file No. 16113 Attachments: Requested emails from Sunshine request Email from Steven Betz IAD attorney

-----Original Message-----From: Young, Victor <[email protected]> To: Waaland, Kathryn (POL) (POL) <[email protected]>; Walton, Briseida (POL) (POL) <briseida. [email protected]> Cc: lc1484 <[email protected]>; Calvillo, Angela (BOS) (BOS) <[email protected]> Sent: Mon, Dec 19, 201611:01 am Subject: son: - Complaint Filed with the Sunshine Ordinance Task Force - Complaint No. 16113

Good Morning:

The Police Department has been named as a Respondent 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.

Please include the following information in your response if applicable:

1. List all relevant records with descriptions that have been provided pursuant to the Complainant request.

2. Date the relevant records were provided to the Complainant.

3. Description of the method used, along with any relevant search terms used, to search for the relevant records.

4. Statement/declaration that all relevant documents have been provided, does not exist, or has been excluded.

5. Copy of the original request for records (if applicable).

Please refer to the File Number when submitting any new information and/or supporting documents pertaining to this complaint.

The Complainant alleges: File No. 16113: Complaint filed by Larry Chan against Lieutenant Kathryn Waaland and the San Francisco Police Department for allegedly violating Administrative Code {Sunshine Ordinance), Sections 67.21, by failing to respond to a public records request in a timely and/or complete manner.

Complaint Attached.

Both parties (Complainant and Respondent) will be contacted once a hearing date is determined. Attached is the Sunshine Ordinance Task Force's complaint procedures.

Thank you.

Victor Voung Administrator Sunshine Ordinance Task Force 1 Dr. Carlton B. Goodlett Place, City Hall., Room 244

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San Francisco CA 94102 phone 415-554-7724 I fax 415-554-5163 [email protected] www.sfbos.org

• #IO Click here to complete a Board of Supervisors Customer Service Satisfaction form.

The Legislative Research Center provides 24-hour access to Board of Supervisors legislation, and archived matters since August 1998.

Disclosures: Person.al 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 that 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.

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Sunshine Ordinance Task Force Complaint Summary

File No. 16113

Larry Chan V Police Department

Date filed with SOTF: 12/19/16

Contacts information: Larence Chan, lcl484(a),aol.com 150 San Aleso Ave., San Francisco CA 94127 (Complainant) Briseida Banuelos and Lt. Kathryn W aaland, Police Department (Respondent)

File No. 16113: Complaint filed by Larry Chan against Lieutenant Kathryn Waaland and the San Francisco Police Department for allegedly violating Administrative Code (Sunshine Ordinance), Sections 67.21, by failing to respond to a public records request in a timely and/or complete manner.

Date public record was requested by Complainant: November 18, 2016

Date of Response by Police Department: December 9, 2016

Administrative Summary if applicable:

Complaint attached.

The Police Department cite the following reasons for withholding/redacting certain records:

California Government Code § 6254(£) because "the disclosure would endanger the safety of a witness or other person involved in the investigation, or unless disclosure would endanger the successful completion of the investigation or a related investigation"

CPRA § 6254(k) "Internal Affaifs investigations are confidential personnel records pursuant to Penal Code§§ § 832.5, 832.7, and 832.8 and are exempted from disclosure. Section 6254(k) allows exemption of "[r]ecords, the disclosure of which is exempted or prohibited pursuant to federal or state law, including, but not limited to provisions of the Evidence Code relating to privilege".

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CITY AND COUNTY OF SAN FRANCISCO OFFICE OF THE CITY ATTORNEY

NICHOLAS COLLA DENNIS J. HERRERA

City Attorney Deputy City Attorney

Direct Dial: (415) 554-3819 Email: [email protected]

MEMORANDUM

TO:

FROM:

Sunshine Ordinance Task Force

Nicholas Colla Deputy City Attorney

DATE: January 18, 2017

RE: Complaint No. 16113 -Chan v. San Francisco Police Department

COMPLAINT

Complainant Larry Chan ("Complainant") alleges that the San Francisco Police Department ("SFPD") violated public records laws by failing to adequately respond to his November 18, 2016 public records request.

COMPLAINANT FILES COMPLAINT

On December 20, 2016, Complainant filed this complaint with the Task Force alleging that SFPD failed to timely respond to his request for public records.

JURISDICTION

SFPD is a City department svbject to the provisions of the Sunshine Ordinance governing public records. SFPD does not contest jurisdiction to hear this complaint.

APPLICABLE STATUTORY SECTION(S)

Section 67 of the San Francisco Administrative Code:

• Section 67.21 governs responses to a public records request.

• Section 67 .26 governs withholding of records.

• Section 67 .27 governs written justification for withholding of records.

Section 6250 et seq. of the Cal. Gov't Code ("CPRA")

• Section 6253 governs the release of public records and the timing ofresponses.

• Section 6254 describes the types of documents not subject to public record request laws.

APPLICABLE CASE LAW

• Los Angeles Police Dep't v. Superior Court (1977) 65 Cal. App. 3d 661, 668 [a person who may be the subject of the particular record sought does not, because he is personally affected, have any greater right than any person to examine the record].

• Black Panther Party v. Kehoe (1974) 42 Cal. App. 3d 645 [By disclosing exempted records to one requestor, a government agency may not deny access to subsequent requests to disclose those same records.]

Fox PLAZA • 1390 MARKET STREET, 6TH FLOOR • SAN FRANCISCO, CALIFORNIA 94102-5408 RECEPTION: (415) 554-3800 ·FACSIMILE: (415) 437-4644

n:\codenf\as2014\919'fj241 \01163423.doc

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CITY AND COUNTY OF SAN FRANCISCO

MEMORANDUM

OFFICE OF THE CITY ATTORNEY

TO: DATE: PAGE: RE:

Sunshine Ordinance Task Force January 18, 2017 2 Complaint No. 16113 -Chan v. San Francisco Police Department

BACKGROUND This complaint stems from a dispute over records provided to Complainant by SFPD

regarding an SFPD Internal Affairs ("IA") matter in which Complainant was allegedly the subject of the investigation.

On December 20, 2016, Complainant submitted this complaint with the Task Force. In his complaint submission, Complainant summarized the pertinent facts as follows:

I am filing a complaint with the SOTF because the San Francisco Police Department did not completely disclose ALL of the public records I requested from November 18th, 2016 (Reference #P001686-l 1816). I requested all email correspondence from Sgt. Lynn Reilly's sfgov email for 12/21/2015.

On November 18, 2016, the SFPD invoked a 14-day extension per 6253(c) GC and Civil Code 11.

On December 9, 2016, the SFPD responded back with a 44-page document of what I requested. Some names and phone numbers listed were redacted, however, pages 10-15 were completely blacked out. Those 5 blacked out pages were the email(s) I was looking for since they referenced me.

I was the subject of an Internal Affairs investigation (SFPD IAD case #2015-0374) that has since been investigated and case was completed: I am appealing the discipline and received discovery on the matter. Missing in my discovery was the email generated from Sgt. Lynn Reilly of the SFPD Internal affairs, as her memorandum specifically stated she was emailed on her sfgov email anonymously of a screen shot photo of my private POA Facebook page (where I was informing members of shady tactics performed by our Internal Affairs criminal unit). The discovery packet provided by the police department was complete except for that email.

My question, was ifthe email was "anonymous" then why disclose it was received on an SFGOV, city email? I was very cooperative with the department's investigation. I contacted the Internal affair attorney, Steven Betz regarding the email and he emailed by representative back a discrepancy on what Sgt. Reilly listed in her memorandum. Steven Betz stated he spoke to Sgt. Reilly and she received an email to her private email, which she emailed to her work email. This statement alone contradicts what she wrote in her memorandum to generate the allegation against me. If that was the case her personal email address would have been redacted and not the entire thread, which leads me to believe something the SFPD wants to cover up.

I would like to see those 5 blacked out pages from pages 10-15. The SFPD is refusing to release the information using Government Code 6254(±) for witness protection and 6254(k) Internal Affairs investigations

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CITY AND COUNTY OF SAN FRANCISCO

MEMORANDUM

OFFICE OF THE CITY ATIORNEY

TO: DATE: PAGE: RE:

Sunshine Ordinance Task Force January 18, 2017 3 Complaint No. 16113 -Chan v. San Francisco Police Department

being confidential. There is no witness protection, as Sgt. Reilly claims in her memorandum it was sent to her SFGOV email anonymously, but never stated it was under the whistleblower act (nor falls under it). The item could be generated to harm me or my personal email could have been hacked. Lt. Kathryn Waaland of Legal signed all correspondence, but the email was obviously from some civilian typing for Lt. W aaland, as the reply'emails to me were cc'd back to her.

The Internal Affairs matter is not confidential when it is my own. ·I waive any confidentiality regarding this matter so the Task Force can look into this matter. I have nothing to hide. It is my personnel record and I have a right to see all matters concerning it if it harms my file.

On December 22, 2016, Lieutenant Kathryn Waaland ("Lt. Waaland"), of SFPD' s Legal Division sent the Task Force a letter responding to this complaint. In her response, Lt. Waaland addressed Complainant's allegation that SFPD's response was untimely as follows:

The San Francisco Police Department ("SFPD") received Mr. Chan's Public Records Request on November 18, 2016. Mr. Chan requested, 'all email correspondence from the SFGOV email of Sergeant Lynn Reilly #1141for12/21/2015". Sergeant Reilly is in a confidential position that requires her emails to undergo various levels of review in order to determine whether emails are subject to disclosure. On November 28, 2016 we notified Mr. Chan that we would be invoking a fourteen (14) day extension of time pursuant to Government Code§ 6253(c) and California Civil Code§ 11, because of the need to search, collect, review, and · consult with another department. Given the confidential nature of Sergeant Reilly's assigmnent, SFPD consulted with another agency to determine the extent to which responsive records were releasable. This was absolutely necessary in order to ensure compliance with all applicable laws. We notified Mr. Chan that we would respond as soon as practicable but no later than Monday, December 12, 2016, due to the 14th Day falling on a Sunday, a non-working day. Mr. Chan responded to that message with, "Yes that will suffice thank you."

Regarding Complainant's assertion that documents were wrongfully withheld by SFPD, Lt. W aaland' s letter stated that because the desired records would "endanger the safety of a witness or other person involved in the investigation" and because the records dealt with a confidential IA investigation, the records were properly withheld under CPRA Section 6254(£) and (k).

QUESTIONS THAT MIGHT ASSIST IN DETERMINING FACTS

• How much time lapsed between the date of the initial request and the date responsive records were provided?

• When did SFPD initially provide an explanation for the withholding of responsive records?

• Is the IA investigation at issue still ongoing?

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CITY AND COUNTY OF SAN FRANCISCO

MEMORANDUM

OFFICE OF THE CITY ATTORNEY

TO: DATE:

Sunshine Ordinance Task Force January 18, 2017

PAGE: 4 RE: Complaint No. 16113 - Chan v. San Francisco Police Department

• If not, is there any other means, other than a public records request, that may allow Complainant to view the records at issue?

LEGAL ISSUES/LEGAL DETERMINATIONS

• Did SFPD violate Administrative Code Section 67.21(b) by failing to provide Complainant with records responsive to his request in a timely manner?

• Did SFPD withhold any responsive records and, if so, did they follow the _protocol for doing so.under Adminstrative Code Sections 67.26 and 67.27 as well as CPRA Sections 6254(±) and (k)?

SUGGESTED ANALYSIS

Privacy Exemption

Section 67.26 of the Sunshine Ordinance states that "[n]o record shall be withheld from disclosure in its entirety unless all information contained in it is exempt from disclosure under express provisions of the California Public Records Act or of some other statute." The California Public Records Act ("CPRA") doesn't require the disclosure of documents that would warrant an invasion of personal privacy in addition to records which are exempt pursuant to federal or state law. Gov't Code Section 6254(c).

"A court determining whether records should be disclosed under the CPRA ... first must determine whether disclosure of the information would compromise substantial privacy interests and, second, must determine whether the potential harm to privacy interests from disclosure outweighs the public interest in disclosure." 55 Cal. Jur. 3d Records and Recording Laws § 22.

In deciding whether the documents requested by Complainant fall under the privacy exemption under the CPRA, the Task Force may wish to consider whether the public's interest in disclosure outweighs the expectation of privacy in the documents.

Equal Access to Public Documents

"[A] person who may be the subject of the particular record sought does not, because he is personally affected, have any greater right than any person to examine the record." Los

. Angeles Police Dep't v. Superior Court (1977) 65 Cal. App. 3d 661, 668.

In Los Angeles Police Dep 't, the Court held that the documents regarding a police investigation were exempt from the CPRA and that members of a church had no greater right to document disclosure than the general public solely because the church members were the subject of the requested documents. Id Considering the holding in Los Angeles Police Dep 't, did MTA act properly by requiring Complainant to sign a privacy waiver to access documents about her?

In addition, in Black Panther Party v. Kehoe, the court held that by disclosing records of complaints about licensed collection agencies to said collection agencies, the Department of Consumer Affairs could not subsequently deny access to Plaintiffs requesting the same documents by asserting that the documents were exempt from disclosure under CPRA Section 6254. Black Panther Party v. Kehoe (1974) 42 Cal. App. 3d 645, 656-657. Considering the holding in Black Panther Party, the Task Force may wish to consider that disclosing the requested documents to Complainant may mandate subsequent disclosure of the same documents to subsequent requestors.

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CITY AND COUNTY OF SAN FRANCISCO

MEMORANDUM

TO: DATE: PAGE:

Sunshine Ordinance Task Force January 18, 2017 5

OFFICE OF THE CITY ATTORNEY

RE: Complaint No. 16113 - Chan v. San Francisco Police Department

CONCLUSION

THE TASK FORCE FINDS THE FOLLOWING FACTS TO BE TRUE:

THE TASK FORCE FINDS THE ALLEGED VIOLATIONS TO BE TRUE OR NOT TRUE.

* * *

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CITY AND COUNTY OF SAN FRANCISCO

MEMORANDUM

TO: DATE: PAGE:

Sunshine Ordinance Task Force January 18, 2017 6

OFFICE OF THE CITY ATTORNEY

RE: Complaint No. 16113 - Chan v. San Francisco Police Department

CHAPTER 67, SAN FRANCISCO ADMINISTRATIVE CODE (SUNSHINE ORDINANCE)

SEC. 67.21. 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 request may be delivered to the office of the custodian by the requester orally or in writing by fax, postal delivery, or e-mail. 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 ofrecords 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. 67.26. WITHHOLDING OF RECORDS

No record shall be withheld from disclosure in its entirety unless all information contained in it is exempt from disclosure under express provisions of the California Public Records Act or of some other statute. Information that is exempt from disclosure shall be masked, deleted or otherwise segregated in order that the nonexempt portion of a requested record may be released, and keyed by footnote or other clear reference to the appropriate justification for withholding required by Section 6727 of this Article. This work shall be done personally by the attorney or other staff member conducting the exemption review. The work of responding to. a public­records request and preparing documents for disclosure shall be considered part of the regular work duties of any City employee, and no fee shall be charged to the requester to cover the personnel costs of responding to a records request. ·

SEC. 67.27. JUSTIFICATION OF WITHHOLDING.

Any withholding of information shall be justified, in writing, as follows:

(a) A withholding under a specific permissive exemption in the California Public Records Act, or elsewhere, which permissive exemption is not forbidden to be asserted by this ordinance, shall cite that authority.

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CITY AND COUNTY OF SAN FRANCISCO

MEMORANDUM

TO: DATE: PAGE:

Sunshine Ordinance Task Force January 18, 2017 7

OFFICE OF THE CITY ATTORNEY

RE: Complaint No. 16113 -Chan v. San Francisco Police Department

(b) A withholding on the basis that qisclosure is prohibited by law shall cite the specific statutory authority in the Public Records Act or elsewhere.

( c) A withholding on the basis that disclosure would incur civil or criminal liability shall cite any specific statutory or case law, or any other public agency's litigation experience, supporting that position.

( d) When a record being requested contains information, most of which is exempt from disclosure under the California Public Records Act and this Article, the custodian shall inform the requester of the nature and extent of the nonexempt information and suggest alternative sources for the information requested, if available.

CAL. PUBLIC RECORDS ACT (GOVT. CODE §§ 6250, ET SEQ.)

SEC. 6253

(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.

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CITY AND COUNTY OF SAN FRANCISCO

MEMORANDUM

TO: DATE: PAGE:

Sunshine Ordinance Task Force January 18, 2017 8

OFFICE OF THE CITY ATIORNEY

RE: Complaint No. 16113 - Chan v. San Francisco Police Department

(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.

SEC. 6254

Except as provided in Sections 6254.7 and 6254.13, nothing in this chapter shall be construed to require disclosure of records that are any of the following:

( c) Personnel, medical, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy ...

(f) Records of complaints to, or investigations conducted by, or records of intelligence information or security procedures of, the office of the Attorney General and the Department of Justice, the Office of Emergency Services and any state or local police agency, or any investigatory or security files compiled by any other state or local police agency, or any investigatory or security files compiled by any other state or local agency for correctional, law enforcement, or licensing purposes. However, state and local law enforcement agencies shall disclose the names and addresses of persons involved in, or witnesses other than confidential informants to, the incident, the description of any property involved, the date, time, and location of the incident, all diagrams, statements of the parties involved in the incident, the statements of all witnesses, other than confidential informants, to the victims of an incident, or an authorized representative thereof, an insurance carrier against which a claim has been or might be made, and any person suffering bodily injury or property damage or loss, as the result of the incident caused by arson, burglary, fire, explosion, larceny, robbery, carjacking, vandalism, vehicle theft, or a crime as defined by subdivision (b) of Section 13951, unless the disclosure would endanger the safety of a witness or other person involved in the investigation, or unless disclosure would endanger the successful completion of the investigation or a related investigation. However, this subdivision does not require the disclosure of that portion of those investigative files that reflects the analysis or conclusions of the investigating officer.

Customer lists provided to a state or local police agency by an alarm or security company at the request of the agency shall be construed to be records subject to this subdivision.

Notwithstanding any other provision of this subdivision, state and local law enforcement agencies shall make public the following information, except to the extent that disclosure of a particular item of information would endanger the safety of a person involved in an investigation or would endanger the successful completion of the investigation or a related investigation:

(1) The full name and occupation of every individual arrested by the agency, the individual's physical description including date of birth, color of eyes and hair, sex, height and weight, the time and date of arrest, the time and date of booking, the location of the arrest, the factual circumstances surrounding the arrest, the amount of bail set, the time and manner of release or the location where the individual is currently being held, and all charges the individual is being held upon, including any outstanding warrants from other jurisdictions and parole or probation holds.

(2) (A) Subject to the restrictions imposed by Section 841.5 of the Penal Code, the time, substance, and location of all complaints or requests for assistance received by the agency and the time and nature of the response thereto, including, to the extent the information regarding

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CITY AND COUNTY OF SAN FRANCISCO

MEMORANDUM

TO: DATE: PAGE:

Sunshine Ordinance Task Force January 18, 2017 9

OFFICE OF THE CITY ATTORNEY

RE: Complaint No. 16113 -Chan v. San Francisco Police Department

crimes alleged or committed or any other incident investigated is recorded, the time, date, and location of occurrence, the time and date of the report, the name and age of the victim, the factual circumstances surrounding the crime or incident, and a general description of any injuries, property, or weapons involved. The name of a victim of any crime defined by Section 220, 261, 261.5, 262, 264, 264.1, 265~ 266, 266a, 266b, 266c, 266e, 266f, 266j, 267, 269, 273a, 273d, 273.5, 285, 286, 288, 288a, 288.2, 288.3, 288.4, 288.5, 288.7, 289, 422.6, 422.7, 422.75, 646.9, or 647.6 of the Penal Code may be withheld at the victim's request, or at the request of the victim's parent or guardian if the victim is a minor. When a person is the victim of more than one crime, information disclosing that the person is a victim of a crime defined in any of the sections of the Penal Code set forth in this subdivision may be deleted at the request of the victim, or the victim's parent or guardian if the victim is a minor, in making the report of the crime, or of any crime or incident accompanying the crime, available to the public in compliance with the requirements of this paragraph.

(B) Subject to the restrictions imposed by Section 841.5 of the Penal Code, the names and images of a victim of human trafficking, as defined in Section 236.1 of the Penal Code, and of that victim's immediate family, other than a family member who is charged with a criminal offense arising from the same incident, may be withheld at the victim's request until the investigation or any subsequent prosecution is complete. For purposes ofthis subdivision, "immediate family" shall have the same meaning as that provided in paragraph (3) of subdivision (b) of Section 422.4 of the Penal Code.

(3) Subject to the restrictions of Section 841.5 of the Penal Code and this subdivision, the current address of every individual arrested by the agency and the current address of the victim of a crime, ifthe requester declares under penalty of perjury that the request is made for a scholarly, journalistic, political, or governmental purpose, or that the request is made for investigation purposes by a licensed private investigator as described in Chapter 11.3 (commencing with Section 7512) of Division 3 of the Business and Professions Code. However, the address of the victim of any crini.e defined by Section 220, 236.1, 261, 261.5, 262, 264, 264.1, 265, 266, 266a, 266b, 266c, 266e, 266f, 266j, 267, 269, 273a, 273d, 273.5, 285, 286, 288, 288a, 288.2, 288.3, 288.4, 288.5, 288,7, 289, 422.6, 422.7, 422.75, 646.9, or 647.6 of the Penal Code shall remain confidential. Address information obtained pursuant to this paragraph shall not be used directly or indirectly, or furnished to another, to sell a product or service to any individual or group of individuals, and the requester shall execute a declaration to that effect under penalty of perjury. This paragraph shall not be construed to prohibit or limit a scholarly, journalistic, political, or government use of address information obtained pursuant to this paragraph ....

(k) Records, the disclosure of which is exempted or prohibited pursuant to federal or state law, including, but not limited to, provisions of the Evidence Code relating to privilege.

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Young, Victor

From: Sent: To: Subject:

·Attachments:

Larry Chan <[email protected]> Monday, January 30, 2017 10:46 PM SOTF, (BOS); Young, Victor Re: SOTF - Complaint Committee Action and Request for additional information - File No. 16113 . Larry Chan discovery.pdf

I listened to the audio and the questions asked by the committee.

I can assure at the time of the request this case was completed and closed by SFPD internal affairs.

Dated June of2016.

I received the discovery and researched the files and made the sunshine request after receiving the discovery a couple of months later.

I have attached the discovery of the completed internal affairs investigation.

As i stated in my email complaint. There are discrepancies on the email as written by Sgt Reilly and what was stated by the Internal Affairs attorney, Steven Betz in the original documents I provided in the original packet the Task Force has.

Thank You, Larry Chan

~17

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Memorandum San Franci$Co PO'.Deo Department

To: Acting Captain/ Lt. Yick #1264 Commanding Offtcer Risk Management Division

~-...!-~

LtRo~~ck'itr~4~; : From:

Date:

Subject

Sergeant L Remy #1: 141,/.L Internal Affairs Division ur.11

Monday, December 21, 2015

Social Media Policy Violation

----0 0

----0 Cl

J'.~l·l~~!t approximately 1030 hours, I was given information anonymously regarding a possible violation of the Socia! Media Policy (Department Bulletin 14-267 ).

·1~~;~~~:rl~:;':_,­····•·e:::~:~~~~;~q~iji

The heading of the Facebook. Post indicates "Larry Chan*'-~;~g~!g~~Jb;f9t~ There is also a photo to· the left of that headlng which is Sergeant Lawrence Chan in a hat, shirt and fie. The post indrcated "8 hrs". th.erefore itwas placed on social media at approXimatety 0230 hours on today's date.

It reads: " I am sendfng this out to all of you as a reminder of your rights.

There was a recent incident where JA Criminal investigators asked to meet with members at a coffee shop on duty, fo ask membem qr,1estions. These members were not under investigation but tA'ere possible witoossos.

There was .also prior incidents of IA Criminal Jrrvestigators showing up at members' residence off duty attempting to question members.

This method of interviewing by IA is unethical and shcufd not be tolerated.

Know this .. ,,

If IA tries to get you to meet on duty to speak wilh you as a witne.ss, you are undGr NO obligation to speak with them. Ca.II your rop or ChigneJI ASAP.

ff IA shows up at your house, Unannounced and tn'es to speak to you. Close the door and do not Jet them in and call your rep or Chignell ASAP, If they don't leave, call the police on them. 2 guys with guns on your property won't leave.~·

There am protocols tfiat should be followed if you are a witness

Sf PD-68 {03189} * P18

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Reilly, Lynn (POL)

From: Sent: To: Subject:

Importance:

Hello, Lynn Reilly,

DT Customer Service Desk <[email protected]> Monday, December 21, 2015 5:07 AM · Reilly, Lynn (POL) Your password expires in 14 day(s)

High

Your City Active Directory password expires in m day(s ), on 1/ 4/2016.

IF YOU DO NOT CHANGE YOUR PASSWORD BEFORE IT EXPIRES ON 1/4/2016, YOU WILL NOT BE ABLE TO LOG INTO the following systems until you contact your local department IT Help Desk and have your account unlocked.

• Office 365 email • eMerge • 311/Lagan • Financial Reporting(EIS) • Budget and Performance Measurement • · All other systems that authenticate using City Active Directory

Please Click: Change Password and follow the instructions to change your password today.

https://password.sfgov.org!PasswordChange.aspx

You will receive these reminder emails daily until you've changed your password.

Thank You

DT Customer Service Desk

.. ;·:~;·'.:V~;::i~tt~· .~:: ::.;::· :·.~;: ~::~·~:~:;

This email was sent by an automated process. If you would like to comment on it, please visit dick here

r;/,. Please consider the environment before printing this email.

A.1 9

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Reilly, Lynn (POL)

From: SFPDPLES3, (POL) Sent: Monday, December 21, 2015 6:02 AM Subject: $$$OK for Q SO's ... lOB Safe Shopper shift just came up. OK for QSO's $$$

Just came up ....

Footbeat. Walk the beat with Incredible and earn a few dollars at the same

time!

Contact me to get this shift. Thank you.

**RESPOND VIA EMAIL WITH YOUR NAME, STAR#, STATION AND INCLUDE A GOOD CELL PHONE NUMBER**.

Officer Joe Juarez #384 San Francisco Police Department PHQ ' 1245 3rl Street, 6th Floor . . cell: I email: [email protected]

Reminder to all officers When accepting a 108 assignment You cannot work more than 14 hours in a 24hr period You cannot work more than 20 hours in a week (Sat. thru Fri.) You cannot work more than 40 hours in a pay period · You must be carried H, OU, PE, FHF

Officers may not work PLES until they have successfully completed their probationary period. Exception: Officers entering under lateral entry provisions are eligible to work 1 OB assignments six months after their hire date.

Officers are responsible to ensure that these criteria are met prior to accepting a 1 DB assignment. ... See DB 15-007 and DM-13

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R~illy, Lynn (POL)

From: SFPDPLES4, (POL) Sent: To:

Monday, December 21, 2015 8:33 AM SFPDPLES4, (POL)

Subject: lOB/PLES Safe Shopper Overtime Available for Officers/Sergeants

lOB/PLES Safe Shopper Overtime Available for Officers/Sergeants- Reply to this email with availability and contact information. The below shifts are available: .

Sergeant Michael Radanovich #343 San Francisco Police Department PL~S/10B 1245 3rd St 6th Floor San Francisco, Ca. 94158 415-837-7281 (Desk) 415-575-6098 (Main) ~fter Business HQurs/Weekends -(Cell)

Reminder to all officers ... When accepting a 106 assignment... You cannot work more than 14 hours in .a 24hr period .... You cannot work more than 20 hours in a week (Sat. thru Fri.) You cannot work more than 40 hours in a pay period You must be carried H, OU, PE, FHF Officers are responsible to ensure that these criteria are met prior to accepting a 10B assignment.. .. See DB 15-007 and DM-13

P:i21

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Reilly. Lynn (POL)

From: Sent: To: Subject:

Cole, Daniel (POL) Monday, December 21, 2015 10:03 AM SFPD-Everyone-Sworn Re: IN CUSTODY FOR ARSON

was arrested for the below incident on -·Thanks you to everyone who searched. He is NO LONGER wanted.

Sgt. D. Cole #1135 Arson Task Force 1275 3rd St. San Francisco, CA 94158 (415) 882-8957

From: Cole, Daniel (POL) Sent: Wednesday, December 16, 2015 9:17 AM To: SFPD-Everyone-Sworn Subj~ct: PLEASE N/W ARREST FOR ARSON

if located, please arrest and follow instructions on bulletin. Thanks

Sgt. D. Cole #1135 Arson Task Force 1275 3rd St. San Francisco, CA 94158 (415) 882-8957

A.22

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Reilly, Lynn (POL}

From: Sent: To: Subject:

Attachments:

Members,

writtendirectives, sfpd (POL) Monday, December 21, 2015 10:05 AM . SFPD-Everyone-Sworn; Cleary, Kevin (POL) (AIR) (POL) New Dept. Bulletin 15-256 "Protocol and Form for Accepting Gifts, Compensation, Rewards" db 15-256.pdf

Click on the attachment to view DB 15-256, "Protocol and Form for Accepting Gifts, Compensation, Rewards."

Per Department General Order 3.01 II. C. 1. "Every member shall maintain personal copies of each Class "A"

Department Bulletin, retain their personal copy of it until the bulletin expires or is superseded by a more

permanent directive, acquire and maintain a working knowledge of its contents ·and comply with its

provision. Members shall familiarize themselves with the contents of Class "B" and· Class "C" Bulletins,

particularly those that concern the functioning of their organizational unit."

Per Department Bulletin 15-141 "Mandatory Sign-off of Department Issued Documents in HRMS/' the following employee classifications are required to electronically acknowledge receipt and review of "A" Department Bulletins within 30 days of the document date:

• Sworn Only

• Non-Sworn Only

• Both sworn and Non-Sworn

Additionally, per DB 14-189, 11 All members are responsible for monitoring their Department email accounts at least once during the course of each watch and shall read any new messages in the lnbox. 11

·Written Directives Unit 1245 3rd St. 4th Floor San Francisco, CA 94158 Main: 1-415-575-5858 Fax: 1-415-553-1999

P:i23

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. -

• _ _ - - DEPARTMENT BULLETIN

A 15-256

12/16/15

Protocol and Form for Accepting Gifts, Compensation, Rewards

Per Department General Order 2.01, Rufo 27, members shall not solicit or acc~pt any gifts, compensation or reward for the performance of their duties, except with the permission of the

. Police Co:tnmission. When offered money or gifts, members who wish to accept the money or gift shall submit a memorandum to the:it; Cpnimanding Officer. The memorandum shall include a request for permission to accept the money or gifts, along with the date the offer was·made, the name and address of the donor and a brief description of the services rendered. The Donor · J:)isclosure/Gift Acknowledgement Form shall be completed and attached to the required memoranduin: to ensure the necessary donor information is included. Members cairfin,d the D~mor Disclosure/Gift AcknowledgementF'.orm on the Department computer 1inder SFPD forms. . . .

. . Commanding Officers shall forward the·memoranduni through the chain of command to the Police Commission. ·The Police Commission may grant or deny the member permission to accept all or pati of the money or gift~. · ·

Per the City's Admin. Code §10J00~305(a), a gift (monetary; equipment, or services) can be made directly to a City Depaiiment instead of an individual. In such cases, gifts of up to $10, OOO can be accepted using the above procedure; however, theDepartinent must promptly report the gift to the Controller's Office. If the gift is in. excess of $10,000, in addition to the above procedure, the Department must receive approval from the Board of Supervisors to accept the gift~ Members facilitating the accep~ance of a :t;inancial or equipment gift to the agency shall work with the Legal and Fiscal Units to complete all mandated paperwork, including the State's FPPC Form 801. . .

All gifts received by members and/or the Pepartment, once approved, shall be posted on the Department's website. · ·

Per DB 15-141, sworn members are required to electron'ically aclmowledge this Department Bulletin in HRMS. . .

P24

~~ <?Q' G~~P.SUHR Chief of Police

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Reilly, Lynn {POL)

From: Sent: To: Subject:

Attachments:

Members,

writtendirectives, sfpd (POL) 'Monday, December 21, 2015 10:46 AM SFPD-Everyone-Sworn; Cleary, Kevin (POL) (AIR) (POL); SFPD-Everyone-Civilians Re: New Dept. Bulletin 15-256 "Protocol and Form for Accepting Gifts, Compensation, Rewards" db 15-256.pdf

Please see attached for correction on DB 15-256, "Protocol and F~rm for Accepting Gifts, Compensation, Rewards."

Thank you,

Written Directives Unit 1245 3rd St. 4th Floor

San Francisco, CA 94158

Main: 1-415-575-5858

Fax: 1-415-553-1999

From: writtendirectives, sfpd (POL) Sent: Monday, December 21, 2015 10:04 AM To: SFPD-Everyone-Sworn; Cleary, Kevin {POL) {AIR) {POL) Subject: New Dept. Bulle.tin 15-256 "Protocol and Form for Accepting Gifts, Compensation, Rewards"

Members,

Click on the attachment to view DB 15-256, "Protocol and Form for Accepting Gifts, Compensation, Rewards."

Per Department General Order 3.01 II. C. 1. "Every member shall maintain personal copies of each Class "A"

Department Bulletin, retain their personal copy of it until the bulletin expires or is superseded by a more

permanent directive, acquire and maintain a working knowledge of its contents and comply with its

provision. Members shall familiarize themselves with the contents of Class 11B11 and Class "CU Bulletins,

particularly those that concern the functioning of their organizational unit."

Per Department Bulletin 15-141 "Mandatory Sign-off of Department lssu~d Documents in HRMS,11 the

following employee classifications are required to electronically acknowledge receipt and review of "A"

Department Bulletins within 30 days of the document date:

• Sworn Only

• Non-Sworn Only

• Both sworn and Non-Sworn

Pi25

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Additionally, per DB 14-189, 11All members are responsible for monitoring their Department email accounts at least once during the course of each watch and shall read any new messages in the lnbox. 11

Written Directives Unit 1245 3rd St. 4th Floor

San Francisco, CA 94158 Main: 1-415-575-5858 Fax: 1-415-553-1999

"226

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-••• - DEPARTMENT 13ULLETIN

A 15-2S6

12/16/15

Protocol and Fortn for Accepting Gifts, CompeilsatiOn, Rewnrds

Pet Department General Order 2.01, Rul.e 27, me])J.bet~ shall not solidt or accept any gifts, compensation or reward. for the performance of their duties, except with the permission of the

. Police Cominission. When offered money or gifts; members who wish to. accept the money or gift $ha1J sUbmit a memorandum to the~ Cpmnianding Officer. The memorandum shall include

. a request for permission to accept the money or gi;fts, alqng with the date the offer was niade; the name an:d address of the donor and a brief description of the services rendered. The Donor . Disclosure/Gift Ack;nowledgement Form shall be completed and attached to the required niemoranduni to ensitre the ne(}essary donor infonnation is included. Members can :fin,d the. ])9nq{Disclosure/Gift AckilowledgemenfForm on the Department computer under SFPD forms.

Comtnandihg Officers shaii forwa:rd the memorandum through the chain of con:imand to the Police. Commission. °The Police Commission may grant or deny the member permission to accept all or part of the money or gift~~

Per the Cify's Admin. Code §10~100~30S(a), a gift (monetary, equipment, or services) can be made directly to a City. Department instead o:f an individual: In such cases, gifts of up to $10;000 .can be a<;cepted using the a~ove procedure; however~ the Department mu8t promptly report the giftfoth~ Controller's Office. If the gift.is in excess of $10,000, in addition to the above procedure; the Department:must receive approval from the Board of Supervisors to accept the gift. Members facilitating :the acceptance of a :financial· or equipment gift to the agency shall . work with the Legal and Fiscal Units to complete all mandated paperWodt;including ~he State's FPPC Form 801. · . . . . . .

All gifts received by members and/or the pep?rtment, once approved, shall be posted on.the Department's website. ·

. Per b:& .15;-i41, both sworn and non-swq~ ~~mbers are requited to el~ctronJpaJly.·~cktioW.1~4ge·this Department Bulletin in HltMS, · · " ·

P27

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Reilly, Lynn (POL)

From: Sent: To: Subject:

Hello Everyone,

SFPD IT C.ommunication, (POL) Monday, December 21, 2015 11:47 AM SFPD-Everyone-Sworn; SFPD-Everyone-Civilians Crime Data Warehouse back up

Crime Data Warehouse is back up from our scheduled maintenance today at 11-12, so you can now log back on. Thank you for your patience.

Thank You,

SFPD IT Communication

P-34

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Reilly, Lynn (POL)

From: Sent: To: Subject:

Attachments:

Keane, John (POL) Monday, December 21, 2015 11:50 AM SFPD-Everyone-Sworn Wanted Subject····· Special Attention Mission, Bayview, and Ingleside Stations

••••••••••Bfailed to appear in court for a pending domestic violence case and is the subject of an.arrest warrant.

If he is arrested please notify me.

Thanks

Keane SFPD svu 415 553 9363

~35

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· .. · San Francisco Police Department Pagel of 1

: .,

;. .

12/17/15

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Reilly, Lynn (POL)

From: Gatpandan, Grace (POL) Sent: To:

Monday, December 21, 2015 11:53 AM SFPD-Everyone

Subject: Attachments:

SFPD Press Release on Off-Duty Academy Recruit Rescuing 2 Month Old Infant 15-176 Recruit Officer Saves 2 Month Old Baby.pdf

Good Morning SFPD,

Please see attached pr.ess release.

Officer Grace Gatpandan #80 Public Information Officer San Francisco Police Department Office of the Chief of P.olice Media Relations Unit 1245 3rd Street, 6th Floor San Francisco, CA 94158 ( 415) 837M 7395 M Main Line Follow Me on Twitter @Officer.Grace www.sanfranciscopolice.org

CONFIDENTIALITY NOTICE: This communication and its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applic.able laws, including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication.

P137

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City and County of San Francisco

POLICE DEPARTMENT MEDIA RELATIONS UNIT

1245 3R0 Street, 6TH Floor San Francisco, California 94158

PRESS RELEASE

December 21, 2015 15-176

Off Duty San Francisco Police Academy Recruit Rescues 2 Month Old Infant

On Sunday, December 13, 2015 at approximately 4:00 PM, SFPD Recruit Officer Ricky Williams was off-duty shopping at Bayfair Mall in San Leandro. Recruit Officer Williams is a member of the 2471h Academy Class and is scheduled to graduate in January 2016.

While in the parking lot, Recruit Officer Williams observed a mother who was crying hysterically with a.Jifeless baby in her arms. He asked the mother if she needed help, and the mother informed him that her 2 month old infant son was not breathing and had turned blue. The mother gave her baby to Recruit Officer Williams who immediately began CPR chest compressions while the mother performed rescue breathing in the backseat of her vehicle. As a friend phoned 911, a few cycles of CPR were completed and the baby.finally started showing signs of life and began crying. San Leandro Police arrived along with paramedics, who took the infant into their care. The infant was transported to Children's Hospital in Oakland for treatment.

"Recruit Officer Williams' immediate response is exactly what I expect from our officers and those training to become San Francisco's finest. Recruit Williams applied his training and his prompt action helped save this infant's life. It is our sworn duty to help people. Clearly we chose wisely in hiring Recruit Officer Williams. His conduct exemplified the best in all of us." - Police Chief Greg Suhr

Recruit Officer Williams will be available for interviews this afternoon at 2:00 PM, at the SFPD Academy located on 350 Amber Drive in San Francisco.

For additional information: SFPD Media Relations (415) 837"7395

Tel. 1-415-837-7395

Fax 1-415-837-7249

E-mail: [email protected]

P38

"'JI twitter.com/sfpd

rJ faceb~ok.com/sanfranciscopolice R~A~"'' ~.~~! sanfranciscopolice.org

SFPD 96 (11/15)

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Reilly, Lynn (POL)

From: Sent: To: Subject:

· Attachments:

Please take a look, Thanks

Officer Kaitlyn Revel #1892 (415)575-6000

Revel, Kaitlyn (POL) Monday, December 21, 2015 12:52 PM S.FPD-Everyone-Sworn 852 Suspect ID Needed 852 Crime Alert pdf

San Francisco Police Department Southern Station San. Francisco

A.39

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* *(~llltll~ ill~l~ll'l1 * * NOTIFICATION

_ SAN~ I?llJ\.N(~JSCO l,OtICE nEPAll'l'lllEN'l1 OFFICIAL·PUBLICATION OF THE SOUTHERN STATION INVESTIGATIONS TEAM

P40

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Reilly, Lynn (POL)

From: Sent: To: Subject: Attachments:

Thanks for looking

Inspector Jim Serna #1248

Serna, Jim (POL) Monday, December 21, 2015 1:44 PM SFPD-Everyone-Sworn Wanted Sex Offender

San Francisco Police Department Sex Offender Unit 850 13ryant Street #SOO SF, CA. 94103 (415) 553-9203 - Office (415) 553-9198 - Desk (415) 553-9080 - Fax

Pt41

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r Sent: NIC#

Last Name

· FirstName

· .··Nickname

. Alias

··Age

Gender

. Height

Weight

Eyes

Hair

Complexion

Race

Birth Date

Last Contact

Wanted Sex Offender Case:- Author: -

---• -• • -.. I -

San Francisco Police Dept. - Sex Offender Unit (415)'553-9203

P42

]

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Reilly, Lynn (POL)

.From: Sent: Subject:

SFPDPLES3, (POL) Monday, December 21, 2015 3:47PM $$$ Safe Shopper Shifts Avail for

The following shifts are available. QSO's also.

QSO's ok to work this shift(s). $$$

Saunter on the beat with Charismati~ And also get paid at the same time I! Walk and talk with.Relaible and make some extra money as well.

Contact me to get one or both of these shifts. Thank you ·

**RESPOND VIA EMAIL WITH YOUR NAME, STAR#, STATION AND INCLUDE A GOOD CELL PHONE NUMBER**.

Officer Joe Juarez #384 San Francisco Police Department PHQ j 1245 3rl Stret, 6th Floor

. cell: I email: [email protected]

Reminder to all officers When accepting a 108 assignment You cannot work more than 14 hours In a 24hr period You cannot work more than 20 hours in a· week (Sat. thru Fri.) You cannot work more than 40 hours in a pay period You must be carried H, OU, PE, FHF

Officers may not work PLES until they have successfully completed their probationary period . . . Exception: Officers entering under lateral entry provisions are eligible to work 108 assignments six months

after their hire date.

Officers are responsible to ensure that these criteria are met prior to accepting a 108 assignment. ... SeeDB 15-007 and DM-13

P47

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Reilly, Lynn (POL)

From: Sent: To: Subject: Attachments:

Shepard, Mari (POL) Monday, December 21, 2015 3:58 PM SFPD-Ever$fone-Sworn

F\48

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If either subject is arrested or detained please contact me at 4;15.:.404-4016. In my absence please contact another Co. H SIT member. Tl1ank you.

San Francisco Police Department .(415) 404-4016 .

fl49

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·Sergeant Shepard #1068 San Francisco Police Dept

lngleside Station

1 Sergeant John V Young Ln

San Francisco, CA 94112 Tel: (415) 404-4016 Fax: (415) 404-4043

P.350

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· .. Reilly, Lynn (POL)

·From: Smith, RoseMarie (POL) Sent: To:

Monday,. December 21, 2015 5:40 PM Obot, Basse (POL); SFPD-Eve one-Sworn

Subject: Re:

I have a case as well.

Call rne, I work swings

Sergeant Rose Smith #1719 Central Station Investigations Team

San Francisco PoliceDepartment

766 Vallejo Street . San Francisco, CA 94153 ··-. Email: [email protected]

From: Obot, Bassey (POL) Sent: Sunday, December 20, 2015 4:20 PM

. To: SFPD-Every_one-Sworn Subject=•••

Sergeant Bassey Obot #267 San Francisco Police Department Tenderloin Station Investigations · 415.345.7348 desk·

•••••••• I have a copy.

~51

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. ;

CRIME ALERT . Notification

SAN FRANCISCO POLICE DEPARTMENT OFFICIAL PUBLICATION OF THE Tenderloin STATION I UNIT

Need ID on ·: .. SUSPECT .Unkn~wn·

DESCRIPTION:

-- -

CASE#:­

LOCATION

SECTOR:

DATE:

WEAPON(S):

INCIDENT:

- --

Contact Investigator Information: Sgt. B. Obot #267, 415.345.n4s desk, [email protected]

FOR INTERNAL DISTRIBUTION ONLY, NO"f TO BE DISTRIBUTED OUTSIDE OF THE SAN FRANCISCO POLICE DEPARTMENT

Prepared by: BO/ 267 Assignment: Crime Alert Number: Date: i

Tenderloin

APPROVING OFFICER (Name & star#) Bassey Obotl 267 P52

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Reilly, Lynn (POL)

From: Sent: To: Subject: Attachments:

notify me if located.

Sgt. Mike Young #1034 lhgle·side Station ·

SFPD 415-404-4051

Young, Michael (POL) Monday, December 21, 2015 7:01 PM SFPD-Everyone-Sworn

~53

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P54

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· >: .: Reiil}f, tynn (POL) . , .:.~. .. . .. _,. '

. ·· ·~ From:.~· . · . · sen.t:' · ·:

To:·:- ·· subject:

Plantinga, Adam (POL) ·Monday, December 21, 2015 7:31 PM SFPD.-Everyone-Sworn. Looking to ID special attention Mission

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Sgt. Adam Plantinga #2367

SFPD Mission SIT 630 Valencia Street, San Francisco CA 94114

415-558-5513

F56

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Reilly,· Lynn (POL)

From: Sent:

< :to: '· S.ubj~ct:. A:tta"c:hments:

Shepard, Mari (POL) . Monday, December 21, 2015 7:53 PM

· . SFPP-Every~ne-Sworn,

If you can ID contact me at 415-404-4016 or marl:[email protected]. ·Please do not detarn or arrest at thfs tl1ne. Thank you. ·

p.57

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Sergeant Shepard #1068

San Francisco Police Dept

lngleside Station 1 Sergeant John V Young Ln

San Francisco, CA 94112

Tel: (415) 404-4016

Fax: (415) 404-4043

fi58

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'Reilly, Lynn (POL)

·From: sent:. To:. Cc: Subject: ·Attachments:

Cheung, Sandon (POL) Monday, December 21, 2015 8:18 PM SFPD-Everyone-Sworn Foltz, Aaron (POL); Parker, Barry (POL)

- -

Additional footage of this vehicle forthcomi('.lg.

-

If vehicl.e is seen, find PC. to stop afld ID all o~cupants. Contact Sergeants Parker or Foltz when vehicle is located~ After hours, contact DOC 41'5-553-1071

sergeant BarrY. Parker #462 or Sergeru1t Aaron Foltz #1971 - Night Investigation Unit 415'-5$3-9.481 415-852-8'6.33 . . . barr:ii .par1<[email protected] .org . aaroii,[email protected]

1159

I

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Stop & ID Stalking/Extortion Suspect Vehicle

sent: ....... 1-·

Additional footage of this vehicle forthcoming.

If vehicle is seen; find PC to stop and ID all occupants. Contact Sergeants Parker or Foltz when vehicle is focated. After hours, contact DOC.415-553-1071

Sergeant Barry Parker #462 or Sergeant Aaron Foltz #1971 - Night Investigation Unit 415-553-9481 415-852-8633 [email protected] [email protected]

San Francisco Police Department - Night Investigation ·unit 415-553-1201

P60

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Discovery for IAD case 2015-0374

To: Larry Chan

· Hi '.Paul . . '

Details

Regarding Sergeant Chan's request, I spoke with Sergeant Reilly who informed me that she ·received the screen shots of Sergeant Chan's Facebook post on her personal e .. mail account. She . then fo1warded the attachment (the screenshots) to her sfgov account. Sergeant Chan was provided with a copy of the screenshot in his discovery.

AS you know an employeefacing adverse·actfon is entitled fo all materials upon which the action is based. Skelly v. State Personnel Board, 15 CaIJd 194, 215 (1975). It is my position that he is not entitled to the e-1nail (either the one sentto Sergeant Reilly's private or work accounts) because th.ose emails are devoid of any substantive evidence upon which this action is based. The disciplinary action is solely based upon the Facebook post, which Sergeant Chan has. Had tlie e-mail contained an allegation or a statement that was being used against Sergeant Chan

·beyond the post itself, then he would be entitled to that comrrnmitation. Here, however, there is both:irig in the e-n1ail that ha·s not already been disclosed to Sergeant Chan that will be t1sed

. againsthitn.

Have a good.weekend; ·Steven

Steven M~ Betz Legal Counsel - Internal Affairs Division •San Francisco Police Department 1245 3rd Stteet, Fourth Floor San Francisco, CA 941-58. Telephone: (41S.) 837-7156 Fax Number: {415..)275~6094

P63

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EDWIN M. LEE MAYOR

Via Electronic Mail victor. young(a),sfgov .org

CITY AND COUNTY OF SAN FRANCISCO

POLICE DEPARTMENT HEADQUARTERS

1245 3R0 Street San Francisco, California 94158

February 7, 2017

Victor Young, Administrator Sunshine Ordinance Task Force 1 Dr, Carlton B. Goodlett Place, City Hall; Room 244 San Francisco CA 94102 Phone 415-554--7724, fax 415-554-5163

TONEY D. CHAPLIN INTERIM CHIEF OF POLICE

RE: File Nb. 16113·;. Complaint filed by Larry ChanagainstLieutenantRathtynWaa1and and t1ie San Francisco Police Department

Dear :M'h Young:

We are in receipt ·of Sunshine Ordinance Task Force ("SOTF") email regarding a request for additional info1mation for Complaint No. 16113. We had originally responded to this Complaint on December 22, 2016; please see attached letter.

Additionally, please refer to the following responses regarding yourrequest:

1~ Was the case/investigatiOn ongoing or completed at the time the publi~ records request was submitted?

At the time of the request the case/investigation was open.

2. Wlia.t type of information was redacted from the provided documents?

Information related to security procedures, investigative mateiial and infonnation that would hinder ongoing investigations.

3. Why was it necessary to redact the entire page?

Attached please find the responsive documents previously sent, we have bates numbered the document for easy reference, "Chan- 001 through Chan" 04411

• We believe you are refen'ingto redactions made on the following page numbers: Chan- 010, Chru1- 011, Chan" Of2, Chan- 013, Chan- 014, Chan- 015, Chan- 018:, Chan- 022, Chan- 024, Chan- 025, Chan" 026, Chan- 027, Chan~ 028, Chan- 030, Chan- 031, Chan- 034, Chan- 036, Chan-037, Chan - 039, Chan- 041 , Chan- 042, Chan- 043 and Chan:- 044.

Please ref et to the attached responsive documents. Locate the above page numbers and on there you will find the exemption associated with that redaction.

P65

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EDWIN M. LEE MAYOR

Via Electronic Mail [email protected]

CITY AND COUNTY OF SAN FRANCISCO

POLICE DEPARTMENT HEADQUARTERS

1245 3R0 Street San Francisco, California 94158

December 22, 2016

Victor Young, Administrator . Sunshine Ordinance Task Force 1 Dr. Carlton B. Goodlett Place, City Hall, Room 244 San Francisco CA 94102 Phone 415-554-7724, fax 415-554-5163

TONEY D. CHAPLIN INTERIM CHIEF OF POLICE

RE: File No. 16113 - Complaint filed by Larry Chan against Lieutenant Kathryn Waaland and the· San Francisco Police Department .

Dear Mr. Young:

We are in receipt of Sunshine Ordinance Task Force ("SOTF") Complaint No. 16113. In the complaint to the SOTF, Complainant claims SFPD did not comply with the timelines set forth in Administrative Code section 67.21, by failing to respond to a public records request in a timely and/or complete manner. SFPD disagrees.

Administrative Code 67.21(b) requires SFPD to produce documents as soon as possible and within ten days following receipt of a request. However, both the public records act and the Sunshine Ordinance allow a department to invoke an extension ifthere is a need to consult with another department. See Administrative Code section 67.25(b).

The San Francisco Police Department ("SFPD") received Mr. Chan's Public Records Request on November 18, 2016. Mr. Chan requested, "all email correspondence from the SFGOV email of Sergeant Lynn Reilly #1141for12/21/2015". Sergeant Reilly is in a confidential position that requires her emails to undergo various levels of review in order to determine whether emails are subject to disclosure. On November 28, 2016 we notified Mr. Chan that we would be invoking a fourteen (14) day extension of time pursuant to Government Code§ 6253(c) and California Civil Code§ 11, because of the need to Syarch, collect, review, and consult with another department. Given the confidential nature of Sergeant Reilly's assignment, SFPD consulted with another agency to determine the extent to which responsive records were releasable. This was absolutely necessary in order to ensure compliance with all applicable laws. We notified Mr. Chan that we would respond as soon as practicable but no later than Monday, December 12, 2016, due to the 14th Day falling on a · Sunday, a non-working day. Mr. Chan responded to that message with, "Yes that will suffice thank you."

The SFPD provided all responsive records that are subject to disclosure on December 9, 2016. SFPD worked diligently and worked with the statutory time periods and complied with the law.

As for Mr. Chan's potential argument raised in an email dated December 17, 2016 to the SOTF challenging SFPD's redaction of one "email is completely blacked out", the Department stands by its determination that those records are exempt from disclosure.

P66

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Reilly, Lynn {POL)

From: Sent: To: Subject:

Importance:

Hello, Lynn Reilly,

DT Customer Service Desk <[email protected]> Monday, December 21, 2015 5:07 AM Reilly, Lynn (POL) Your password expires in 14 day(s)

High

Your City Active Directory password expires in m day(s), on 1/4/2016.

Chan-001

IF YOU DO NOT CHANGE YOUR PASSWORD BEFORE IT EXPIRES ON 1/4/2016, YOU WILL NOT BE ABLE TO LOG INTO the following systems until you contact your local department IT Help Desk and have your account unlocked.

• Office 365 email • eMerge • 311/Lagan • Financial Reporting(EIS) • Budget and Performance Measurement • All other systems that authenticate using City Active Directory

Please Click: Change Password and follow the instructions to change your password today.

https://password. sf gov. org/PasswordChange.aspx

You will receive these reminder emails daily until you've changed your password.

Thank You

DT Customer Service Desk

This emall was sent by an automated process. If you would like to comment on it, please visit click here

~ Please consider the environment before printing this email.

~67

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Reilly, Lynn (POL}

From: Sent: To:

SFPDPLES4, (POL) Monday, December 21, 2015 8:33 AM SFPDPLES4, (POL)

Chan-003

Subject: lOB/PLES Safe Shopper Overtime Available for Officers/Sergeants

10B/PLES Safe Shopper Overtime Available for Officers/Sergeants- Reply to this email with availability and contact information. The below shifts are available:

Sergeant Michael Radanovich #343 San Francisco Police Department PL~S/10B 1245 3rd St 6th Floor San Francisco, Ca. 94158 415-837-7281 (Desk) 415-575-6098 (Main)

~fter Business Hours/Weekends (Cell)

Reminder to all officers ... When accepting a 10B assignment... You cannot work more than 14 hours in a 24hr period .... You cannot work more than 20 hours in a week (Sat. thru Fri.) You cannot work more than 40 hours In a pay period You must be carried H, OU, PE, FHF Officers are responsible to ensure that these criteria are met prior to accepting a 10B assignment.. .. See DB 15-007 and DM-13

A.68

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Chan-005

Reilly, Lynn (POL)

From: writtendirectives, sfpd (POL) Sent: Monday, December 21, 2015 10:05 AM . To: SFPD-Everyone-Sworn; Cleary, Kevin (POL) (AIR) (POL) Subject: New Dept. Bulletin 15-256 "Protocol and Form for Accepting Gifts, Compensation,

Rewards" · Attachments: db 15-256.pdf

Members,

Click on the attachment to view DB 15-256, "Protocol and Form for Accepting Gifts, Compensation, Rewards."

Per Department General Order 3.01 II. C. 1. "Every member shall maintain personal copies of each Class "A"

Department Bulletin, retain their personal copy of it until the bulletin expires or is superseded by a more

permanent directive, acquire· and maintain a working knowledge of its contents ·and comply with its

provision. Members shall familiarize themselves with the contents of Class "B 11 and· Class "C" Bulletins,

particularly those that concern the functioning of their organizational unit.11

Per Department Bulletin 15-141 "Mandatory Sign-off of Department Issued Documents in HRMS," the following employee classifications are required to electronically acknowledge receipt and review of "A" Department Bulletins within 30 days of the document date:

• Sworn Only .

• Non~Sworn Only

• Both sworn and Non-Sworn

Additionally, per DB 14-189, 11All members are responsible for monitoring their Department email accounts at least once during the cours~ of each watch and shall read any new messages in the lnbox. u

Written Directives Unit 1245 3rd St. 4th Floor San Francisco, CA 94158 Main: 1-415-575-5858 Fax: 1-415-553-1999

If 69

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Chan-007

Reilly, Lynn (POL)

From: writtendirectives, sfpd (POL) Sent: Monday, December 21, 2015 10:46 AM To: SFPD-Everyone-Sworn; Cleary, Kevin (POL) (AIR) (POL); SFPD-Everyone-Civilians Subject: Re: New Dept. Bulletin 15-256 "Protocol and Form for Accepting Gifts, Com·pensation,

Rewards" Attachments: db 15-256.pdf

Members1

Please see attached for correction on DB 15-256, "Protocol and Form for Accepting Gifts, Compensation, Rewards."

Thank you, Written Directives Unit 1245 3rd St. 4th Floor San Francisco, CA 94158 Main: 1-415-575-5858 Fax: 1-415-553-1999

From: writtendirectives, sfpd (POL) Sent: Monday, December 21, 2015 10:04 AM To: SFPD-Everyone-Sworn; Cleary, Kevin (POL) (AIR) {POL) Subject: New Dept. Bulle.tin 15-256 "Protocol and Form for Accepting Gifts, Compensation, Rewards"

Members,

Click on the attachment to view DB 15-256, "Protocol and Form for Accepting Gifts, Compensation, Rewards."

Per Department General Order 3.01 II. C. 1. "Every member shall maintain personal copies of each Class "A"

Department Bulletin, retain their personal copy of it until the bulletin expires or is superseded by a more

permanent directive, acquire and maintain a working knowledge of its contents and comply with its

provision. Members shall familiarize themselves with the contents of Class "B" and Class "C" Bulletins,

particularly those that concern the functioning of their organizational unit."

Per Department Bulletin 15-141 "Mandatory Sign-off of Department Issued Documents in HRMS," the following employee classifications are required to electronically acknowledge receipt and review of "A" Department Bulletins within 30 days of the document date:

• Sworn Only

• Non-Sworn Only

• Both sworn and Non-Sworn

li>70

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C,han-009 -•••• ~ DEPARTMENT BULLETIN

A 1~-256

12/16/15

Protocol and Form for Accepting Gift$, Compensation, Rew~rds

Pet Department General Order 2.01, Rule 27, me:inbet$ shall not soliCit or accept any gifts, compensation or reward. for the pe1formance of their duties, except with the permission of the

. Police Com:inission. When offered money or gifts~ members who wish to. accept the money or gift sh.aU sU:bmit a memorandum to theil; Cpmn;tanding. Officer. The memorandum: $hail mclude

. a request for permission to accept the money or gifts, alcmg with the date the offer was niade; ~e lian:le an:d address of the donor and a brfof description of the services rendered. The .Donor Disclosure/Gift Ac!mowledgement Fortn shall be completed and attached to the requited :riiemoranduµi to ensiire the necessary donor information is included. Members can fin.d the. bi;:inqr Disclosure/Gift AckllowledgemenfForm on the Department computer under SFPD forms.

Commanding Officers shall forwardthe memorandum through the chain of command to the P'olice. Commission'. .Tue Police Commission may grant or deny the member permission to accept all or part of the money or ~~ ·

Per the City's Admin. Code §10~100~305(a), a gift (monetary, equipment, or services) can be made dh:ectly to a City. Department instead of an individual: In such cases, gifts of up to $10;000 .can be accepted using the above procedure; however~ the Department mw3t promptly report the gift to th~ Conti;oller's Office. If the gift.is in excess of $10,000, in adciition to the above procedure~ the Departm.ent:must receive approval from the Board of Supervisors to accept the gift. Members facilitating the acceptance of a financial or equipment gift to the agency shall work with the Legal and Fiscal Units to c9mplete all mandated paperWor~·including ~he State's FPPC Form 801. · . . . . . .

All gifts received by members and/or the pep~ent, once approved_, shall he posted on.the Department's website. ·

Per b:$· ts~t41, b.oth sworn and non~swqm members are requited to el~ctron!Pall1- ·~ck!io.Wle(4g.e'fbis . . . Departri1en~·Bulletin in :a:RMS,

P71

.. , ..

c?r?a?. W GiffiG.fSiY P. SUHR Chief of Police

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·Reilly, Lynn (POi..)

From: Sent: To: Subject:

Attachments:

Keane, John (POL) Monday, December 21, 2015 11:50 AM SFPD-Everyone-Sworn

Chan-017

Wanted Subject Special Attention Mission, Bayview, and Ingleside Stations

••••••••••• failed to appear in court for a pending domestic violence case and is the subject of an.arrest warrant.

If he is arrested please notify me.

Thanks

Keane SFPD svu 415 553 9363

Jl75

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Reilly, Lynn (POL)

From: Sent: To:

Gatpandan, Grace (POL) Monday, December 21, 2015 11:5'3 AM SFPD-Everyone

Chan-019

Subject: Attachments:

SFPD Press Release on Off-Duty Academy Recruit Rescuing 2 Month Old Infant 15-176 Recruit Officer Saves 2 Month Old Baby.pdf

Good Morning SFPD,

Please see attached press release.

Officer Grace Gatpandan #80 Public Information Officer San Francisco Police Department Office of the Chief of Police Media Relations Unit 1245 3rd Street, 6th Floor San Francisco, CA 94158 (415) 837~7395 ~Main Line Follow Me on Twitter @OfficerGrace · www.sanfranciscopolice.org

CONFIDENTIALITY NOTICE: This communication and its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibiteq and may violate applicable laws, including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication.

1'>76

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Reilly, Lynn (POL)

From: Sent: To: Subject:

· Attachments:

Please take a look, Thanks

Officer Kaitlyn Revel #1892 (415)575-6000

Revel, Kaitlyn (POL) Monday, December 21, 2015 12:52 PM SFPD-Everyone-Sworn 852 Suspect ID Needed 852 Crime Alert pdf

San Francisco Police Department Southern Station San Francisco

~77

Chan- 021

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Reilly, Lynn (POL)

From: Sent: To: Subject: Attachments!

Thanks for looking

Inspector Jim Serna #1248

Serna, Jim (POL) Monday, December 21, 2015 1:44 PM SFPD-Everyone-Sworn Wanted Sex Offender .

San Francisco Police Department Sex Offender Unit 850 Bryant Street #500. SF, CA. 94103 (415) 553-9203 - Office (415) 553-9198 - Desk

(415) 553-9080- Fax

P78

Chan- 023·

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Reilly, Lynn (POL)

From: Sent: Subject:

SFPDPLES3, (POL) . Monday, December 21, 2015 3:47 PM $$$ Safe Shopper Shifts Avail for

The following shifts are available. QSO's also.

Chan-029

QSO's ok to work this shift(s). $$$

Saunter on the beat with Charismati~ And also get paid at the same time!! Walk and talk with Relaible and make some extra money as well.

Contact me to get one or both of these shifts. Thank you

**RESPOND VIA EMAIL WITH YOUR NAME, STAR#, STATION AND INCLUDE A GOOD CELL PHONE NUMBER**.

Officer Joe Juarez #384 San Francisco Police Department PHQ j 1245 3rd Street, 6th Floor cell: I 11 email: [email protected]

Reminder to all officers When. accepting a 1 OB assignment You cannot work more than 14 hours In a 24hr period You cannot work more than 20 hours in a week (Sat. thru Fri.) You cahnot work more than 40 hours In a pay period You must be carried H, OU, PE, FHF

Officers may not work PLES until they have successfully completed their probationary period. Exception: Officers entering under lateral entry provisions are eligible to work 108 assignments six months after their hire date.

Officers are responsible to ensure that these criteria are met prior to accepting a 108 assignment. ... See DB 15-007 and DM-13

P81

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Chan- 031

BUR.GLARY - PERSONS OF INTEREST

If either subject is arrested or detained please contact me at 4 ;15404-4016. In my absence please contact another Co. H SIT member. TI1ank you.

San Francisco Police Department (415} 404-401'6 .

ll'82

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Reilly, Lynn (POL}

From: Smith, RoseMarie (POL) Sent: To:

Monday,. December 21, 2015 5:40 PM Obot, Basse (POL); SFPD-Eve one-Sworn

Subject: Re:

. Bassey call me ....... .

I have a case as well .•••••••••••

Call me, I work swings

Sergeant Rose Smith #1719 Central Station Investigations Team

San Francisco Police Department

766 Vallejo Street . San Francisco, CA 94153

Email: [email protected]

From: Obot, Bassey (POL} Sent: Sunday, December 20, 2015 4:20 PM To: SFPD-Everyone-Sworn

Subject:

· Sergeant Bassey Obot #267 San Francisco Police Department Tenderloin Station Investigations · 415.345. 7348 desk

I have a copy.

~83

Chan-033

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Reilly, l,.ynn (POL)

From: Sent: To: Subject: Attachments:

Young, Michael (POL) Monday, December 21, 2015 7:01 PM SFPD-Everyone-Sworn

Please.see attached school information and picture for

notify me if located.

Sgt. Mike Young #1034 lngleside station .

SFPD 415-404-4051

ID84

Chan-035

Please

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Reilly, Lynn (POL~

From: Sent: To: Subject:

I

Plantinga, Adam (POL) Monday, December 21, 2015 7:31 PM

SFPD-Everyone-Sworn Looking to ID special attention Mission

Chan-037

Burgla·cy; L9o:king ta lb· . . '·.,, .

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Chan-039

Reilly, Lynn (POL}

From: Sent: To: Subject: Attachments:

Shepard, Mari (POL) Monday, December 21, 2015 7:53 PM SFPD-Everyone-Sworn

AUTO BURGLARY SUSPECT - PLEASE ID

If you can ID contact me at 415-404-4016 or [email protected]. Please do not detain or arrest at tllfs time. Thank you.

·P>86

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Chan- 041

Reilly, Lynn {POL)

From: Cheung, Sandon (POL) Sent: Monday, December 21, 2015 8:18 PM

SFPD-Everyone~sworn To: Cc: Foltz, Aaron (POL); Parker, Barry (POL) Subject: Attachments:

Additionat·footage of this vehicle forthcoming.

If vehicl.e is s~en, finq PC. to stop_ and ID all oi::cupants. Contact Sergeants Parker or Foltz when vehicle is located, After hours, contact ooc 41:5-553-·t 071

sergeant BatrY. Parker #462 or sergeailt Aaron Foltz #1971 - Night Investigation Unit 415:-5~3-9481 41&-852-8633 .. . f)arry [email protected] aatoii,[email protected]

P>87

I

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CITY AND COUNTY OF SAN FRANCISCO

POLICE DEPARTMENT HEADQUARTERS

1245 3R0 Street San Francisco, California 94158

EDWIN M. LEE MAYOR

Via Electronic Mail [email protected]

Victor Young, Administrator Sunshine Ordinance.TaskEorce

December 22, 2016

1 Dr. Carlton B. Goodlett Place, City Hall, Room 244 San Francisco CA 94102 .Phone 415-554-7724, fax 415-554-5163

TONEY D. CHAPLIN INTERIM CHIEF OF POLICE

RE: File No. 16113 - Complaint filed by Larry Chan against Lieutenant Kathryn Waala;nd and the San Francisco Police Depaitment

Dear Mr. Young:

We are in receipt of S-unshine 01~dinance Task Force ("SOTF") Complaint No. 16113. In the complaint to the SOTF, Complainant claims SFPD did not comply with the timelines set forth in Administrative Code section 67.21, by failing to respond to a public records requestin a timely and/or complete manner. SFPD disagrees.

Administrative Code 67 .21 (b) requires SFPD to produce documents as soon as possible and within ten days following receipt of a request. However, both the public records act and the Sunshine Oi·ditmnce allow a department to invoke an extension if there is a need to consult with another depa1tment. See Administrative Code section 67.25(b).

The San Francisco Police Deprutment (11 SFPD11) received Mr. Chan's Public Records Request on

November 18., 2016. Mr. Chan requested, "all email correspondence from the SFGOVemail of Sergeant Lynn Reilly #1141 for 12/21/2015". Sergeant Reilly is in a confidential position that 1'equires her emails to undergo various levels of teview in otder to detennine whether emails al'e subject to disclosute. On November 28, 2016we notified Mr. Chan that we would be invoking a fourteen (14) day extension of time pursuant to Government Code§ 6253(c) and California Civil Code§ 11, because of the need to search, collect, review, and consult with another depmtment. Given the confidential nature ofSergeant Reilly's assignment, SFPD consulted with another agency to determine the extent to which responsive records were releasable. This was absolutely necessary in order to ensure compliance with all applicable laws. We notified Mr. Chan that we would respond as soon as practicable but no later than Monday, December 12, 2016, due to the 14th Day falling on a Sunday, a non-working day. Mr. Chan responded to that message with, "Yes that will suffice thank you."

The SFPD pro'ltided all responsive records that are subject to disclosure on December 9, 2016, SFPD worked diligently and worked with the statutory time periods and complied with thelaw.

As fol' Mt. Chan's potential argument mised in an email dated December 17, 2016 to the SOTF challenging SFPD's tedaction of one "email is completely blacked out", the Deprutment stands by its determination that those records ai·e exempt from disclosure.

P89

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Documents were t'edacted ·and/or withheld pursuant the following:

SOTF File No. 16113 December22, 2016

Redactions have been made pursuant to California Government Code§ 6254(j) ''which exempts from disclosure rec01•ds of complaints to, investigations conducted by, intelligence information or securtt;y procedu1'es of, and investigat01y or security files compiled by local police agencies", California Government Code§ 6254(c) and California Constitution Article I, §I "disclosure of this information would constitute an unwarranted invasion of privacy 1

; California Government Code§ 6254(k) ·which allows exemption of "records, the disclosures of which is exempted or prohibited pursuant to federal or state lm11, including, but not limited to provisions of the Evidence Code relating to privilege': Penal Code§ 832. 7 which provides that "(a) Peace officer or custodial officer personnel records and records maintained by any state or local age11cy pursuant to Penal Code§ 832.5, or information obtained ji·om these records, are confidential and shall not be disclosed in any criminal or civil p1.'oceeding except by discove1y pursuant to Sections 1043 and 1046 of the Evidence Code." Furthermore, Penal Code§ 832.8 defines a ''personnel record" as ''any file maintained under that individual's name by Ms or her employing agency and containing records relating to any of the following: .. (e) Complaints, or investigations of complaints concerning an event or transacNon in which he or she participated or which he or she perceived, and pertaining to the manner in which he '01' she pe1formed his or her duties." Penal Code§ 832.8 also precludes the disclosure of any other information the disclosure of which would constitute an unwarranted invasion of personal privacy".

Responsive documents have been withheld tmder California Government Code§ 6254(j) because "the disclosure would endanger the safe'f)1 of a witness or othei·person involved in the investigaNon, or unless disclosure would endanger the successfitl completion of the investigation or a related ,investigation" and under CPRA § 6254(k) "Internal Affairs investigations are confidential personnel records pursuant to Penal Code§§§ 832.5, 832. 7, and 832.8 and are exempted ji·om disclosure. Section 6254(k) allows exemption of "[r]ecords, the disclosure of which is exempted or prohibited pursuant to federal or state lml', including, but not limited to provisions of the Evidence Code relating to privilege".

Additionally, personal identifiable criminal hist01yand CLETSdata (California Law Enforcemrmt Telec(Jlmnunications Systems) data have been redacted which am categories of data-that are protected ji'Oln public disclosure under Government Code§ 6254(j), Penal Code§ 11105 et. seq.

SFPD propel'ly redacted the email.

Attached please find the messages between SFPD and Mr. Chan via the SFPD Records Portal.

Sincerely, y- / LT. KATHR~ND #1361

Lieutenant Kathryn Waaland Officer in Charge Legal Djvision

2

P90

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""C co .....

Via SFPD Records Portal lcl [email protected]

Lawrence Chan 150 San Aleso Avenue . San Francisco, CA 94127

December 9, 2016

RE: Public ·Records Request, dated November 18, 2016, Reference # P001686-111816

Dear Lawrence Chan:

The San Francisco Police Department (SFPD) received your Public Records Act request, dated November 18, 2016. You requested, "all email correspondence from the SFGOV email of Sergeant Lynn Reilly #1141for12/21/2015"

Today, December 9, 2016, we provided you with a response to your request, please refer to the SFPD Records Portal for that response. Subsequently, we received two messages from you stating, "Pages 10-15 are all blacked out ..• what is blacked out of those pages?" and "I am specifically looking for the email at around 1030 am and 5 pages are blacked out .••. that is probably the email I am looking for ... Why is it redacted, because that email references me I believe ••. " .

As previously stated in our initial response from today, December 9, 2016, please also note that responsive documents have been withheld under California Government Code § 6254(f) because "the disclosure would endanger the safety of a witness or other person involved in the investigation, or unless disclosure would endanger the successful completion of the investigation or a related investigation" and under CPRA § 6254(k) "Internal Affairs investigations are confidential personnel records pursuant to Penal Code § § § 832.5, 832.7, and 832.8 and are exempted from disclosure. Section 6254(k) allows exemption of "[r]ecords, the disclosure of which is exempted or prohibited pursuant to federal or state law, including, but not limited to provisions of the Evidence Code relating to privilege".

If you have any questions, please contact Kristine Singh at 415-575-7209.

Thank you for your attention.

Sincerely,

Lieutenant Kathryn Waaland Officer In Charge Legal Division

Qn .1.2.i912015):1~=~1 f>M,)d4~4@ao1:i:oi:ri wrote: : •. · · TO: [[email protected]] CC: [[email protected]], [[email protected]]

·J

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'"'C co N

I am specifically looking for the email at around 1030 am and 5 pages are blacked out. ... that is probably the email I am looking for ... Why is it redacted, because that email references me I believe... ·

Lawrence Chan

-----Original Message-----

From: San Francisco Police Records Portal

To: lc1484

Sent: Fri, Dec 9, 2016 12:39 pm

Subject: California Public Records Request:: P001686-111816

Attachments: Sgt._Lynn_Reilly_Emails_12.21.2015-_RESPONSE.pdf

onJ21~/2orn::12~~2:~2J:iM;}i~14$4@~.oi;~orn;.y.;r.c1t~;3{::;c; ,:::·: ;~ c:·c::T~: •...... TO: [[email protected]] Pages 10-15 are all blacked out. •. what is blacked out of those pages?

-----Original Message-----

From: San Francisco Police Records Portal

To: lc1484

Sent: Fri, Dec 9, 2016 12:39 pm

Subject: California Public Records Request:: P001686-111816

Attachments: Sgt._Lynn_Reilly _Emails_12.21.20 is-_RESPONSE. pdf

:~·>·-'·· _:.,::;_· ..

'

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-0 c.o (A)

Attachments: Click Here to View Entire Message

Via SFPD Records Portal lcl [email protected]

Lawrence Chan 150 San Aleso Avenue San Francisco, CA 94127

December 9, 2016

RE: Public Records Request, dated November 18, 2016, Reference# P001686-111816

Dear Lawrence Chan:

The San Francisco Police Department (SFPD) received your Public Records Act request, dated November 18, 2016. You requested, "all email correspondence from the SFGOV email of Sergeant Lynn Reilly #1141 for 12/21/2015".

On November 28, 2016 we notified you that although SFPD had 10 calendar days to respond to your request, we were invoking an additional 14 day extension of time to respond to your request pursuant to Government Code § 6253( c) and California Civil Code § 11 because of the need to search, collect, review, and consult with another department and that once it had been determi.ned whether or not the information you requested is responsive and subject to disclosure we would advise you as soon practicable but no later than Monday, December 12, 2016, due to the l 4th Day falling on a Sunday, a non-working day.

Attached please find a responsive document titled "Sgt. Lynn Reilly Emails 12.21.2015- RESPONSE".

Redactions have been made pursuant to California Government Code § 6254(f) "which exempts from disclosure records of complaints to, investigations conducted by, intelligence information or security procedures of, and investigatory or security files compiled by local police agencies", California Government Code§ 6254(c) and California Constitution Article I, §I "disclosure of this information would constitute an unwarranted invasion of privacy", California Government Code§ 6254(k) which allows exemption of "records, the disclosures of which is exempted cir prohibited pursuant to federal or state law, including, but not limited to provisions of the Evidence Code relating to privilege", Penal Code § 832.7 which provides that "(a) Peace officer or custodial officer personnel records and records maintained by any state or local agency pursuant to Penal Code § 832.5, or information obtained from these records, are confidential and shall not be disclosed in any criminal or civil proceeding except by discovery pursuant to Sections 1043 and 1046 of the Evidence Code." Furthermore, Penal Code § 832.8 defines a "personnel record" as "any file maintained under that individual's name by his or her employing agency and containing records relating to.any of the following: •• (e) Complaints, or investigations of complaints concerning an event or transaction in which he or she participated or which he or she perceived, and pertaining to the manner in which he or she performed his or her duties." Penal Code§ 832.8 also precludes the disclosure of any other information the disclosure of which would constitute an unwarranted invasion of personal privacy".

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""O co ~

Please also note that responsive documents have been withheld under California Government Code § 62S4(f) because "the disclosure would endanger the safety of a witness or other person involved in the investigation, or unless disclosure would endanger the successful completion of the investigation or a related investigation" and under CPRA § 6254(k) "Internal Affairs investigations are confidential personnel records pursuant to Penal Code § § § 832.5, 832.7, and 832.8 and are exempted from disclosure. Section 6254(k) allows exemption of "[r]ecords, the disclosure of which is exempted or prohibited pursuant to federal or state law, including, but not limited to provisions of the Evidence Code relating to privilege".

Additionally, personal identifiable criminal history and CLETS data (California Law Enforcement Telecommunications Systems) data have been redacted which are categories of data that are protected from public disclosure under Government Code§ 6254(f), Penal Code§ 11105 et. seq.

If you have any questions, please contact Kristine Singh at 415-575-7209.

Thank you for your attention.

Sincerely,

Lieutenant Kathryn Waaland Officer In Charge Legal Division

TO: "San Francisco Police Records Portal"[[email protected]] Yes that will suffice Thank you. On Nov 28, 2016, at 10:50, San Francisco Police Records Portal wrote:

Via SFPD Records Portal [email protected]

Lawrence Chan 150 San Aleso Avenue San Francisco, CA 94127

November 28, 2016

RE: Public Records Request, dated November 18, 2016, Reference # P001686-111816

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-0 c.o c.n

Dear Lawrence Chan:

The San Francisco Police Department (SFPD) received your Public Records Act request, dated November 18, 2016. You requested, "all email correspondence from the SFGOV email of Sergeant Lynn Reilly #1141for12/21/2015"

Although SFPD has 10 calendar days to respond to your request, we are invoking an additional 14 day extension of time to respond to your request pursuant to Government Code§ 6253(c) and California Civil Code§ 11 because of the need to search, collect, review, and consult with another department. Once it has been determined whether or not the information you requested is responsive and subject to disclosure we will advise you as soon practicable but no later than Monday, December 12, 2016, due to the 14th Day falling on a Sunday, a non-working day.

If you have any questions, please contact Kristine Singh at 415-575-7209.

Thank you for your attention.

Sincerely,

Lieutenant Kathryn Waaland Officer In Charge Legal Division

Confirmation Message sent to: Lawrence Chan Subject: San Francisco Police Public Records Request:: P001686-111816 Body:

Dear Lawrence Chan:

Thank you for your interest in public records of the San Francisco Police Department ("SFPD").

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'"'C co O'>

The San Francisco Police Department ("SFPD") received your Public Records request, dated November 18, 2016 and given the reference number P001686-111816 for tracking purposes.

Record(s) Requested: all email correspondence from the SFGOVemail of Sergeant Lynn Reilly #1141for12/21/2015

Your request is being forwarded to the appropriate department(s) for processing and you will be notified once the request is complete. The request will be deemed received after the San Francisco Police Department responds back to your request within the next business day through the San Francisco Public Records Center or by email. Generally, the Department has 10 calendar days to respond to a request to inspect or receive copies of records. In certain circumstances, the Department may extend its time to respond by an additional 14 calendar days.

You can monitor request progress at the link below. Thank you for using the San Francisco Public Records Center.

San Francisco Police Department

To monitor the progress or update this request please log into the SFPD Public Records Center.

Request was created by customer

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Young, Victor

From: Sent: To:

Cc:

SOTF, (BOS) Wednesday, January 11, 2017 10:22 AM 'Ken Reggio'; 'CHARLES PITTS'; Dodge, Sam (HOM); '[email protected]'; 'secker@ecs­sf.org'; Chiang, Vivian (HSA) {DSS); Braun, Matthew [HSA]; '[email protected]'; Walton, Briseida(POL); Waaland, Kathryn (POL); 'Ellen Tsang'; Silva, Christine (CPC); lonin, Jonas (CPC); Rahaim, John (CPC); Vellve, Sara (CPC); Perry, Andrew (CPC); '[email protected]'; Patterson, Kate (ART); Lee, Edwin (Mayor); Southey, Kirsten (PRT); MayorSunshineRequests (MYR) Calvillo, Angela (BOS)

Subject: SOTF - Notice of Hearing - Complaint Committee: January 24, 2017, 5:30 p.m.

Good Morning:

Notice is hereby given that the Complaint Committee (Committee) of the Sunshine Ordinance Task Force (Task Force) shall hold hearings on complaints listed below to: I).determine if the Task Force has jurisdiction; 2) review the merits of the complaints; and/or 3) issue a report and/or recommendation to the Task Force. The Complainant and Respondent may attend to provide clarification, evidence and related testimony. However, attendance by the Complainant and Respondent is not required at the January 24, 2017, Complaint Committee meeting.

Date: January 24, 2017

Location: City Hall, Room 408

Time: 5:30 p.ni. - 7:30 p.m.

Complaints:

File No. 16027: Complaint filed by Charles Pitts against Kenneth Reggio and Episcopal Community Services (non-profit agency) for allegedly violating Administrative Code (Sunshine Ordinance), Sections 12L.5 and 67.25, by failing to respond to an Immediate Disclosure Request in a timely.and/or complete manner. (See Administrator's Summary below)

File No. 16028: Complaint filed by Charles Pitts against Sam Dodge and the Human Services Agency for allegedly violating Administrative Code (Sunshine Ordinance), Section 67.25, by failing to respond to an Immediate Disclosure Request in a timely and/or complete manner.

File No. 16113: Complaint filed by Larry Chan against Lieutenant Kathryn Waaland and the San Francisco Police Department for allegedly violating Administrative Code (Sunshine Ordinance), Sections 67.21, by failing to respond to a public records request in a timely and/or complete manner.

File No. 16119: Complaint filed by Ellen Tsang against Director John Rahaim and the Planning Department, for allegedly violating Administrative Code (Sunshine Ordinance), Sections 67.21, 67.24, 67.25, and 67.26, by failing to respond to an Immediate Disclosure Request in a timely and/or complete manner.

File No.16084: Complaint filed by Ann Treboux against Mayor Edwin Lee and the Office of the Mayor, for allegedly violating Administrative Code (Sunshine Ordinance), Section 67.25, by failing to respond to an Immediate Disclosure Request in a timely and/or complete manner.

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File No. 16083: Complaint filed by Ann Treboux against Kate Patterson and the Arts Commission, for allegedly violating Administrative Code (Sunshine Ordinance), Section 67.25, by failing to respond to an Immediate Disclosure Request in a complete manner.

File No. 17001: Complaint filed by Ann Treboux against Kate Patterson and the Arts Commission, 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.

The Task Force, upon receipt of the report and/or recommendation from the Committee, shall schedule and conduct a hearing on the merits of the complaint. The Complaint and Respondent will be required to attend the Task Force meeting to review the merits of the complaint(s). The Task Force has tentatively scheduled a hearing on March 1, 2017, at 4:00 p.m. to review the recommendations of the Committee for the above listed complaints. Notice of hearing will be provided once the hearing date has been confirm.

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 into the agenda packet, supplemental/supporting documents must be received by 5:00 pm, January 18, 2017.

Victor Voung Administrator Sunshine Ordinance Task Force 1 Dr. Carlton B. Goodlett Place, City Hall., Room 244 San Francisco CA 94102 phone 415-554-7724 I fax 415-554-5163 [email protected] I www.sfbos.org

• II,~ Click here to complete a Board of Supervisors Customer Servic~ Satisfaction form.

The Legislative Research Center provides 24-hour access to Board of Supervisors legislation, and archived matters since August 1998.

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 that 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.

P~B

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Young, Victor

From: Sent: To:

·Cc:

SOTF, (BOS) Tuesday, February 14, 2017 9:22 AM 'Larry Chan'; Walton, Briseida (POL); Waaland, Kathryn (POL); '[email protected]'; Kelly, Naomi (ADM); Barnes, Bill (ADM); Gallagher, Jack (ADM); '[email protected]'; Patterson, Kate (ART) · Calvillo, Angela (BOS)

Subject: SOTF - Notice of Hearing - Complaint Committee: February 28, 2017, 5:30 p.m.

Good Morning:

·Notice is hereby given that the Complaint Committee (Committee) of the Sunshine Ordinance Task Force (Task Force) shall hold hearings on complaints listed below to: 1) determine if the Task Force has jurisdiction; 2) review the merits of the complaints; and/or 3) issue a report and/or recommendation to the Task Force. The Complainant and Respondent may attend to provide clarification, evidence and related testimony. However; attendance by the Complainant and Respondent is not required at the February 28, 2017, Complaint Committee meeting unless otherwise noted.

Date: February 28, 2017

Location: City Hall, Room 408

Time: 5:30p.m.

Complaints: ·

File No. 16113: Complaint filed by Larry Chan against Lieutenant Kathryn Waaland and the San Francisco Police Department for allegedlyviolating Administrative Code (Sunshine Ordinance), Sectfons 67.21, by failing to respond to a public records request in a timely and/or complete manner.

File No. 17005: Complaint filed by Janelle Caywood against City Administrator Naomi Kelly and the Office of the City Administrator for allegedly violating Administrative Code (Sunshine Ordinance), Sections 67.21 and 67.34, by failing to respond to a request for public reeorEls in a timely and/or complete manner and for willful failure to discharge any duties imposed by the Sunshine Ordinance.

File No. 16083: Complaint filed by Ann Treboux against Kate Patterson and the Arts Commission, for allegedly violating Administrative Code (Sunshine Ordinance), Section 67.25, by failing to respond to an Immediate Disclosure Request in a complete manner. (On January 24, 2017, the Comvlaint Committee reviewed the complaint, requested that the Respondent attend the next meeting o[the Committee.)

File No. 17001: Complaint filed by Ann Treboux against Kate Patterson and the Arts Commission, 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.

File No. 16096: Complaint filed by Ann Treboux against Kate Patterson and the Arts Commission, for allegedly violating Administrative Code (Sunshine Ordinance), Section 67.25, by failing to respond to an Immediate Disclosure Request in a timely and/or complete manner.

Pss

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File No. 16097: Complaint filed by Ann Treboux against Kate Patterson and the Arts Commission, for allegedly violating Administrative Code (Sunshine Ordinance), Section 67.25, by failing to respond to an Immediate Disclosure Request in a timely and/or complete manner. (attachment)

The Task Force, upon receipt of the report and/or recommendation from the Committee, shall schedule and conduct a hearing on the merits of the complaint. The Complaint and Respondent will be required to attend

·the Task Force meeting to review the merits ofthe complaint(s). The Task Force has tentative scheduled a ·hearing on April 5, 2017, at 4:00 p.m. to review the recommendations of the Committee for the above listed complaints. Notice of hearing will be provided once the hearing date has been confirm.

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 into the agenda packet, supplemental/supporting documents must be received by 5 :00 pm, February

. 22, 2017.

Victor Voung Administrator Sunshine Ordinance Task Force 1 Dr. Carlton B. Goodlett Place, City Hall., Room 244 San Francisco CA 94102 phone 415-554-7724 I fax 415-554-5163 [email protected] I www.sfbos.org

• IE(). Click here to complete a Board of Supervisors Customer Service Satisfaction form.

The Legislative Research Center provides 24-hour access to Board of Supervisors legislation, and archived matters since August 1998.

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 redact.ed. Members of the public ore 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 the~e submissions. This means that personal information-including names, phone numbers, addresses and similar information that 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.

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Young, Victor

From: Sent: To: Cc:

SOTF, (BOS) Monday, January 30, 2017 4:08 PM Waaland, Kathryn (POL); Walton, Briseida(POL) 'Larry Chan'; Calvillo, Angela (BOS)

Subject: SOTF - Complaint Committee Action and Request for additional information - File No. 16113

Good Afternoon:

On January 24, 2017,the Complaint Committee reviewed the complaint listed below against the Police Department. . Upon review of.the complaint the Committee would like to request the following information from the Police Department:

• Was the case/investigation ongoing or completed at the time the public records request was submitted?

• What type of information was redacted from the provided documents? • Why was it necessary to redact the entire page? • Why was the redaction necessary (Please provide detailed and specific information)?

To summarize the Committee is looking for a description of the details as to why redactions to the email were necessary.

The draft minutes and audio recording (00:21:00-00:38:00) is available online for your review at the following links:

https:// sf gov. org/ sunshine/sites/ default/files/complaintO 1241 7 minutes.pdf

http://sfgov.org/sunshine/audio-archive-committees

Upon receipt of your response the complaint will be rescheduled for hearing before the Complaint Committee. Please let me know if you have any questions.

File No. 16113: Complaint filed by Larry Chan against Lieutenant Kathryn Waaland and the San Francisco Police Department for allegedly violating Administrative Code {Sunshine Ordinance), Sections 67.21, by failing to respond to a public records request in a timely and/or complete manner.

Victor Young Administrator Sunshine Ordinance Task Force 1 Dr. Carlton B. Goodlett Place, City Hall., Room 244 San Francisco CA 94102 phone 415-554-7724 I fax 415-554-5163 [email protected] I www.sfbos.org

• llo Click here to complete a Board of Supervisors Customer Service Satisfaction form.

The Legislative Research Center provides 24-hour access to Board of Supervisors legislation, and archived matters since August 1998.

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

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