Sanchez, Susan

From: Sent: To: Cc: Subject: Luby, Oliver Friday, December 13, 2013 3:09 PM occupyoakland@riseup.net Sanchez, Susan; Flores-Medina, Arlette FW: Oakland IT/City/Port/Police/Fire - Public Records Request - Personal Emails December 5, 2013 PRR SMITH - Due 12/15/13

Dear Mr. Smith, Councilmember Kalb does not have any records that are responsive to your request. He has not sent any emails related to the DAC from his personal email account and, as far as we can determine, has never received any emails on that subject in his personal account. Our office practice is to not use our personal e-mail accounts for communication regarding any City of Oakland government business. For future record requests to Councilmember Kalb, it would be helpful if you would either use the RecordTrac system (http://records.oaklandnet.com/), email the Executive Assistant to the Council, Susan Sanchez, or email me directly. Thank you. Sincerely,
Oliver Luby Policy Manager Office of District 1 City Council Member Dan Kalb

City of Oakland 1 Frank H. Ogawa Plaza, Suite 230 Oakland, CA 94612 (o) 510-238-7001 (d) 510-238-7013 (e) oluby@oaklandnet.com
From: Sanchez, Susan Sent: Friday, December 13, 2013 11:01 AM To: Nosakhare, Shereda; Luby, Oliver Cc: Flores-Medina, Arlette Subject: FW: Oakland IT/City/Port/Police/Fire - Public Records Request - Personal Emails - December 5, 2013 PRR SMITH - Due 12/15/13

Please read the Public Records Request from Joshua Smith below. Due 12/15/13. You can see when I received it. Let me know if you need an extension.

Best Regards, Susan A. Sanchez Executive Assistant to the Oakland City Council 1 Frank H. Ogawa Plaza Ste. 226 Oakland, CA 94612 Email: Sasanchez@Oaklandnet.com
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Phn. #: 510 238238-6917 Fax. #: 510 238238-6129

From: To, Annie Sent: Thursday, December 12, 2013 5:25 PM To: Campbell-Washington, Anne; Sanchez, Susan; Sonnier, Rheta R Cc: Flores-Medina, Arlette Subject: FW: Oakland IT/City/Port/Police/Fire - Public Records Request - Personal Emails - December 5, 2013

Dear Records Coordinator, Please see the request below and provide a response to the requestor, Joshua Smith by 12/15/13. If an extension is needed, please contact Mr. Smith directly. Thanks, Annie To
Administrative Services Manager II
City of Oakland | Department of Information Technology th 150 Frank H. Ogawa Plaza | 7 Floor | Oakland, CA 94612 (510) 238-7494 Office| (510) 238-2281 Fax ato@oaklandnet.com

From: Joshua Smith [mailto:occupyoakland@riseup.net] Sent: Thursday, December 05, 2013 1:45 PM To: To, Annie Subject: Oakland IT/City/Port/Police/Fire - Public Records Request - Personal Emails - December 5, 2013

December 5, 2013 Ms. Annie To Administrative Services Department DIT (Information Technology) City of Oakland Oakland, CA

RE: Public Records Act Request Attention Public Records Officer(s), Pursuant to my rights under the California Public Records Act (Government Code Section 6250 et seq.), I ask to inspect/obtain copies of the following, which I understand to be held by your agency/department staff (personally) and/or associated parties (personally): I am requesting any and all files/documents/emails (digital and/or paper hard copy) from the personal email account(s) of City of Oakland, Port of Oakland and/or Oakland Police/Fire Department staff/contractors that pertain directly or indirectly to the concept, design, planning, construction, implementation and contractor
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qualifications/compliance in regard to the City/Port of Oakland Joint Domain Awareness Center project ranging in dates from December 2012 through December 2013 (individual parties under this request are as follows): TO/FROM: City of Oakland Mayor Jean Quan TO/FROM: OPD Interim Chief Sean Whent TO/FROM: Renee Domingo TO/FROM: Ahsan Baig TO/FROM: Deborah Barnes TO/FROM: Deanna Santana TO/FROM: Arturo Sanchez TO/FROM: Dan Kalb TO/FROM: Libby Schaaf TO/FROM: City Attorneys Office (Oakland, CA) [all including staff] TO/FROM: all email addresses ending in @saic.com (and/or personal SAIC employee emails) TO/FROM: Annie To In light of this request I advise compliance and notify all respondents that willful destruction of communications/records/evidence can and will be used against them within possible State and/or Federal investigations regarding ethics, perjury, malfeasance and/or obstruction. The willful destruction of communications/records/evidence after the date/time of this request will be logged on the servers of corresponding email providers/ISPs with date/time stamp. In most cases these emails are actually retained for up to 24 months from date/time of deletion/destruction and of which we are willing to attain by legal means within the scope of a broader and more attentive action. The exact moment any respondents deletes communications from their personal email account(s), or purposefully withholds communications from their personal email account(s), this may and most likely will be a criminal act. (please read the following information for reference of request standing and see attached file PDF file)

Judge plugs private email loophole in CA public records law

(March 20, 2013) Peter ScheerIn a big victory for open government, a Superior Court judge in San Jose has ruled that the states Public Records Act applies to government officials emails and texts about government businessEVEN IF those messages are sent or received using the officials private email or text accounts, rather than accounts belonging to the government.
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The decision by Superior Court Judge James Kleinberg rejected San Joses argument that local governments cant be held legally responsible for digital messages that reside in computer servers that they dont own, lease, use or control. Judge Kleinberg reasoned that government officials, when emailing and texting about government business, are functioning as agents of the city. The officials ownership and control of the messages is imputed to the city. The decision is consistent with FACs 2012 suit against the city of Auburn. That case ended in a settlement in which Auburn agreed to adopt policies requiring city officials, when emailing about city business using their personal email accounts, to cc the emails to a city mail server where they would be stored in a searchable archive. In recent years more and more government officials have turned to personal email accounts as a back channel for official communications, believing that those communications are shielded from disclosure under the Public Records Act. The new decision, Ted Smith v. City of San Jose et al., suggests that belief may be misplaced. [Attached] is the full text of Judge Kleinbergs decision. I ask for a determination on this request within 10 days, and an even prompter reply if you can make that determination without having to review the records in question. If you determine that some but not all of the information is exempt from disclosure and that you intend to withhold it, I ask that you redact it for the time being and make the rest available as requested. In any event, please provide a notification citing the legal authorities on which you rely if you determine that any or all of the information is exempt and will not be disclosed. If I can provide any clarification that will help expedite your attention to my request, please contact me. I ask that you notify me of any duplication costs exceeding $20 before you duplicate the records so that I may decide which records I want copied. Thank you for your time and attention to this matter. Sincerely, Joshua Smith occupyoakland@riseup.net