ES] '1°7 181 · D No Attachments OTHER D D D D D D D D D Page: 5°7 Page: '1°7 Page: "J7-S Page:?(/ ... *An asterisked item represents the cover sheet to a document that exceeds

File No. 17049 Item No. 9 ------- -------

SUNSHINE ORDINANCE TASK FORCE AGENDA PACKET CONTENTS LIST

=S=u=n=sh~i=n=e~O~r~d=in=a=n=c~e~T~a=s=k~F~o~rc~e;:;.._ ______ Date:August2,2017

~ Petition/Complaint ES] Memorandum - Deputy City Attorney 181 Complainant's Supporting Documents & Respondent's Response D Correspondence D Order of Determination D Minutes D Committee Recommendation/Referral D Administrator's Report D No Attachments

OTHER

D D D D D D D D D

Page: 5°7 Page: '1°7 Page: "J7-S

Page:?(/ Page:_ Page:_ Page:_ Page:_ Page:_

Completed by: __ V-"--'-. Y"'--'o~u=n...._g ______ Date 07/28/17

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

P303

Young, Victor

From: Sent:

Jason Grant Garza <[email protected]> Thursday, May 18, 2017 7:26 AM

To: SOTF, (BOS); Jason Grant Garza; DPH, PublicRecords (DPH); Garcia, Barbara (DPH); Price, Basil (DPH)

Subject: 5/18/2017 REQUEST for HEARING regarding INCORRECT handling of IDR and "OFFICIAL MISCONDUCT" charges to be FILED. Fw: "IMMEDIATE DISCLOSURE REQUEST"

5/18/2017

Dear SOTF and all Others Concerned:

Please setup a HEARING ASAP over the INCORRECT handling of my current IDR and for "Official Misconduct" charges to be filed. Please note your case 15012 and the RECEIPT of REQUESTED VIDEOS from SFGH over prior DENIALS of EMERGENCY SERVICES. Many issues to DISCUSS, VIDEOTAPE and show prior FAILURES (by design of SF DPH and SUNSHINE.) Please contact me ASAP.

Sincerely,

Jason Grant Garza [email protected]

-----Forwarded Message-~---From: Jason Grant Garza <[email protected]> To: "[email protected]" <[email protected]>; "[email protected]" <jasong [email protected]>; "[email protected]" <[email protected]>; "[email protected]" <[email protected]>; "[email protected]" <[email protected]>; "[email protected]" <[email protected]>; "[email protected]" <[email protected]> Sent: Thursday, May 4, 2017 5:14 AM Subject: "IMMEDIATE DISCLOSURE REQUEST"

5/4/2017 Barbara Garcia, Director Faye De Guzman Nancy Sarieh, PIO Officer San Francisco Department of Public Health and Basil Price, Director of Security Philip Katzenberger, Director HIS San Francisco General Hospital

. "IMMEDIATE DISCLOSURE REQUEST"

P3i04

Please be sure to forward this to the Custodian of Records, department head or whoever is in charge for compliance per the regulation (Sunshine and others) for correct process. Pursuant to all relevant provisions of the California Government Codes (Ralph M. Brown Act et al.) and the San Francisco Sunshine Ordinance, California Records Act, and the Federal FOIA Act - I would like to request a copy of the following:

1. All video and video policies r~garding a 4/11/2017 incident at San Francisco General Hospital. I went to SFGH between 12 noon and 6p.m. with a letter from a doctor instructing EMERGENCY ADMITIANCE (Emergency Medicine. Code: R10.84). Please provide all video inside the Emergency Admittance Area (Where I was dealt with by Security and Hospital Staff), Directly Outside (Where I was asked to be seated).

2. The 'Triage Report" and "Medical Screening Report" as required by EMTALA.

3. This request includes all paperwork sent, received, emailed or any other form of transmittal to all agencies involved. This request includes all papeiwork sent, received, emailed or any other form of transmittal from all agencies involved. This request also includes all internal documentation generated by the "incident" concerning this matter also.

Please realize that per Sunshine Regulations ... you must be helpful in resolving and getting me what I specifically request. You MUST work with the requestor to CLEARLY provide what is required.

Thank You, Jason Grant Garza 1369 B. Hayes Street San Francisco, CA 94117 [email protected]

P~05

San Francisco Department of Public Health Barbara A. Garcia, M.P.A.

City and County of San Francisco Edwin M. Lee Mayor

May 12, 2017

Affidavit of the Custodian of Records For the San Francisco Department of Public Health

Director of Health

Regarding request seeking production of records for "All video and video policies regarding a 4/11/2017 incident at San Francisco General Hospital. I went to SFGH between 12 noon and 6p.m. with a letter from a doctor instructillg EMERGENCY ADMITTANCE (Emergency Medicine. Code: Rl0.84). Please provide all video inside the Emergency Admittance Area (Where I was dealt with by Security and Hospital Staff), Directly Outside (Where I was asked to be seated)."

I, Linda Acosta, Custodian of Records for the San Francisco Department of Public Health, declare:

1. I am the duly authorized custodian of records and have the authority to certify the records.

2. A thorough search of our files has been carried out under my direction.

3. Based on the information provided, video was retrieved from April 11, 2017. The video was found to contain confidential information including images/faces/identifiers of other individuals seeking medical care. This information is confidential and protected under HIP AA and we are unable to release it.

I declare under penalty of perjury under the laws of the State of California that the foregoing is

tru~ort~ /. p~ '-J' ---- . ~ -1 :i..--J 7

Signature Date Custodian of Records

IAVL~· ~t)~~ Printed

The mission of the San Francisco Department of Public Health Is to protect and promote the health of all San Franciscans

101 Grove Street, Room 308, San Francisco, CA 94102 Phone: (415) 554-2526 Fax: (415) 554-2710 · P306

! .

CITY AND COUNTY OF SAN FRANCISCO

DENNIS J. HERRERA . . City Attorney

MEMORANDUM

TO: Sunshine Ordinance Task Force

FROM: Nicholas Colla Deputy City Attorney

DATE: June 15, 2017

OFFICE OF THE CITY ATTORNEY

NICHOLAS COLLA

Deputy City Attorney

Direct Dial: (415) 554-3819 Email: nicholas.colla @sfgov.org

RE: . Complaint No. 17049 - Garza v. Department of Public Health

COMPLAINT

Complainant Jason Grant Garza ("Complainant") alleges that the Department of Public Health ("DPH") violated the public records laws by failing to adequately respond to his May 4, 2017 Immediate Disclosure Request ("IDR").

COMPLAINANT FILES COMPLAINT

On May 18, 2017, Complainant filed this complaint with the Task Force alleging that DPH failed to timely and adequately respond to his request for public records.

JURISDICTION

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

APPLICABLE STATUTORY SECTION(S)

Section 67 of the San Francisco Administrative Code ("Sunshine Ordinance"):

• Section 67 .21 governs responses to a public records request.

• Section 67 .25 governs immediacy of response.

• Section 67.26 governs withholtling of records.

• Section 67.27 governs written justification for withholding of records.

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

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

U.S. Code of Federal Regulations:

• 45 C.F.R. Sections 164.524 and 164.508 govern confidentiality of medical records.

APPLICABLE CASE LAW

• none

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

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P307


MEMORANDUM


TO: DATE:

Sunshine Ordinance Task Force June 15, 2017

PAGE: 2 RE: Complaint No. 17049 - Garza v. Department of Public Health

BACKGROUND

On May 4, 2017, Complainant sent an IDR via email to DPH in which he requested records, including video footage, of Complainant's April 11, 2017 visit to San Francisco General Hospital ("SFGH").

On the same date, DPH allegedly emailed Complainant to invoke an extension to provide documents responsive to the IDR.

On May 15, 2017, DPH allegedly made all records responsive to Complainant's request available for him to pick up at SFGH. Included in the responsive records was an affidavit signed by DPH Custodian of Records, Linda Acosta ("Ms. Acosta"), in which she declared that the video footage was protected from disclosure based on HIP AA privacy concerns for other patients whose identifying features appeared in the video.

On May 18, 2017, Complainant filed this complaint with the Task Force.

QUESTIONS THAT MIGHT ASSIST IN DETERMINING FACTS

• Other than the video, did Complainant receive the remainder of the requested records?

• Can DPH explain why the video footage contains HIP AA protected information?

LEGAL ISSUES/LEGAL DETERMINATIONS

• Do the medical records sought fit within any exemption from disclosure provided for by the Sunshine Ordinance and/or the CPRA?

• Does the Sunshine Ordinance preempt any state or federal law that requires Authorization to Disclose Health Information before DPH may release records?

• Did DPH fulfill its obligation under Sunshine Ordinance Section 67.21(c) by adequately assisting Complainant in directing his IDR to the appropriate party?

• Did DPH fulfill its obligation under Sunshine Ordinance Section 67.27 by providing Complainant with an adequate justification for withholding the requested information and provide Complainant with an alternative method to obtain the medical records? ·

• Did DPH respond to Complainant's IDR in a timely and sufficient manner under Sunshine Ordinance Section 67.25(a)?

SUGGESTED ANALYSIS

This analysis addresses only the issue of whether medical records are exempt from disclosure under the Ordinance. Health providers typically require that medical records will not be disclosed until the patient provides an Authorization to Disclose Health Information. The following laws bear on this issue: CPRA Section 6254 and the Privacy Rule of the Health Insurance Portability and Accountability Act ("Privacy Rule"), 45 C.F.R. Sections 164.500, et seq.

The Sunshine Ordinance provides that withholding may be justified on the basis that disclosure is prohibited by law, or disclosure could result in civil liability, citing the specific statutory authority in the PRA or elsewhere. Sunshine Ordinance Sections 67.27(b) &(c).

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P308


MEMORANDUM

TO: DATE: PAGE:

Sunshine Ordinance Task Force June 15, 2017 3


RE: · Complaint No. 17049- Garza v. Department of Public Health

The federal Privacy Rule provides a floor of privacy protections for a person's "individually identifiable health information." Health information fits this category if it "identifies the individual" or there is a "reasonable basis to believe the information can be used to identify the individual." 45 C.F.R. Section 160.103. The Privacy Rule preempts state or local laws that are in conflict with it. 45 C.F.R. Sections 160.201-160.205. Violations of the Privacy Rule may result in the imposition of civil money penalties. 45 C.F.R. Sections 160.401-160.424.

The Privacy Rule requires that individuals be allowed access to inspect and obtain copies of their protected health information or medical records. 45 C.F.R. Sections 164.524(a). It · permits health care providers to require that requests be in writing. 45 C.F .R. Sections 164.524 (b ). The Privacy Rule requires that medical records not be disclosed without authorization and sets out the particular requirements for acceptable authorizations, including a signature of the individual whose medical records are at issue. 45 C.F.R. SeCtions 164.508(c)(vi). Finally, the Privacy Rule appears to contemplate the use of an authorization when the records are requested by the subject of the records. (see 45 C.F.R. Sections 164.508(c)(iv) [A description of each purpose of the requested use or disclosure. The statement "at the request of the individual" is a sufficient description of the purpose when an individual initiates the authorization and does not, or elects not to, provide a statement of the purpose.])

Based on the above, it appears that any medical provider may require that the subject of the me<;lical records requested complete a written authorization prior to disclosing records. These requirements are a part of federal law, which specifically preempts local and state law. Where possible, local and state law should be read in such a way as not to conflict with the requirements of a federal law. This is easily done. Sunshine Ordinance Section 67.27(b) expressly allows

· withholding where disclosure is forbidden by federal law, as would be the case where medical records were disclosed in violation of the Privacy Rule. Likewise, Section 67.27(c) allows withholding where disclosure would result in civil liability; the Privacy Rule provides for civil penalties for violations.

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P309


MEMORANDUM

TO: DATE: PAGE:



RE: Complaint No. 17049 - Garza v. Department of Public Health

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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MEMORANDUM

TO: DATE: PAGE:



RE: Complaint No. 17049- Garza v. Department of Public Health

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 justife 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. 67.25. IMMEDIACY OF RESPONSE

(a) Notwithstanding the 10-day period for response to a request permitted in Government Code Section 6256 and in this Article, a written request for information described in any category of non-exempt public information shall be satisfied no later than the close of business on the day following the day of the request. This deadline shall apply only if the words "Immediate Disclosure Request" are placed across the top of the request and on the envelope, subject line, or cover sheet in which the request is transmitted. Maximum deadlines provided in this article are appropriate for more ext.ensive or demanding requests, but shall not be used to delay fulfilling a simple, routine or otherwise readily answerable request.

(b) Ifthe voluminous nature of the information requested, iis location in a remote storage facility or the need to consult with another interested department warrants an extension of 10 days as provided in Government Code Section 6456.1, the requester shall be notified as required by the close of business on the business day following the request.

( c) The person seeking the information need not state his or her reason for making the request or the use to which the information will be put, and requesters shall not be routinely asked to make such a disclosure. Where a record being requested contains information most of which is exempt

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TO: DATE: PAGE:




from disclosure under the California Public Records Act and this article, however, the City Attorney or custodian of the record may inform the requester of the nature and extent of the nonexempt information and inquire as to the requester's purpose for seeking it, in order to suggest alternative sources for the information which may involve less redaction or to otherwise prepare a response to the request.

( d) Notwithstanding any provisions of California Law or this ordinance, in response to a request for information describing any category of non-exempt public information, when so requested, the City and County shall produce any and all responsive public records as soon as reasonably possible on an incremental or "rolling" basis such that responsive records are produced as soon as possible by the end of the same business day that they are reviewed and collected. This section is intended to prohibit the withholding of public records that are responsive to a records request until all potentially responsive documents have been reviewed and collected. Failure to comply with this provision is a violation of this Article.

SEC. 67.26. WITHHOLDING OF RECORDS

No record shall be withheld from disclosure in its eniirety unless all information contained in it is exempt from disclosure under express provisions ofthe 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 67.27 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.

(b) A withholding on the basis that disclosure 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.

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TO: DATE: PAGE:




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

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.

U.S. CODE OF FEDERAL REGULATIONS

45 C.F.R. § 164.524

§ 164.524 Access of individuals to protected health information.

(a) Standard: Access to protected health information. (1) Right of access. Except as otherwise provided in paragraph (a)(2) or (a)(3) of this section, an individual has a right of access to inspect and obtain a copy of protected health information about the individual in a designated record set, for as long as the protected health information is maintained in the designated record set, except for:

(i) Psychotherapy notes;

(ii) Information compiled in reasonable anticipation of, or for use in, a civil, criminal, or administrative action or proceeding; and

(iii) Protected health information maintained by a covered entity that is:

(A) Subject to the Clinical Laboratory Improvements Amendments of 1988, 42 U.S.C. 263a, to the extent the provision of access to the individual would be prohibited by law; or

(B) Exempt from the Clinical Laboratory Improvements Amendments of 1988, pursuant to 42 C.F.R. 493.3(a)(2).

(2) Unreviewable grounds for denial. A covered entity may deny an individual access without providing the individual an opportunity for review, in the following circumstances.

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(i) The protected health information is excepted from the right of access by paragraph (a)(l) of this section.

(ii) A covered entity that is a correctional institution or a covered health care provider acting under the direction of the correctional institution may deny, in whole or in part, an inmate's request to obtain a copy of protected health information, if obtaining such copy would jeopardize the health, safety, security, custody, or rehabilitation of the individual or of other inmates, or the safety of any officer, employee, or other person at the correctional institution or responsible for the transporting of the inmate.

(iii) An individual's access to protected health information created or obtained by a covered health care provider in the course of research that includes treatment may be temporarily suspended for as long as the research is in progress, provided that the individual has agreed to the denial of access when consenting to participate in the research that includes treatment, and the covered health care provider has informed the individual that the right of access will be reinstated upon completion of the research.

(iv) An individual's access to protected health information that is contained in records that are subject to the Privacy Act, 5 U.S.C. 552a, may be denied, ifthe denial of access under the Privacy Act would meet the requirements of that law.

(v) An individual's access may be denied ifthe protected health information was obtained from someone other than a health care provider under a promise of confidentiality and the access requested would be reasonably likely to reveal the source of the information.

(3) Reviewable grounds for denial. A covered entity may deny an individual access, provided that the individual is given a right to have such denials reviewed, as required by paragraph (a)(4) of this section, in the following circumstances:

(i) A licensed health care professional has determined, in the exercise of professional judgment, that the access requested is reasonably likely to endanger the life or physical safety of the individual or another person; ·

(ii) The protected health information makes reference to another person (unless such other person is a health care provider) and a licensed health care professional has determined, in the exercise of professional judgment, that the access requested is reasonably likely to cause

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MEMORANDUM

TO: DATE: PAGE:




substantial harm to such other person; or

(iii) The request for access is made by the individual's personal representative and a licensed health care professional has determined·, in the exercise of professional judgrnent, that the provision of access to such personal representative is reasonably likely to cause.substantial harm to the individual or another person.

( 4) Review of a denial of access. If access is denied on a ground permitted under paragraph (a)(3) of this section, the individual has the right to have the denial reviewed by a licensed health care professional who is designated by the covered entity to act as a reviewing official and who did not participate in the original decision to deny. The covered entity must provide or deny access in accordance with the determination of the reviewing official under paragraph ( d)( 4) of this section.

(b) Implementation specifications: requests for access and timely action. (1) Individual's request for access. The covered entity must permit an individual to request access to inspect or to obtain a copy of the protected health information about the individual that is maintained in a designated record set. The covered entity may require individuals to make requests for access in writing, provided that it informs individuals of such a requirement.

(2) Timely action by the covered entity. (i) Except as provided in paragraph (b)(2)(ii) of this section, the covered entity must act on a request for access no later than 30 days after receipt of the request as follows. .

(A) If the covered entity grants the request, in whole or in part, it must inform the individual of the acceptance of the request and provide the access requested, in accordance with· paragraph (c) of this section.

(B) If the covered entity denies the request, in whole or in part, it must provide the individual with a written denial, in accordance with paragraph (d) of this section.

(ii) If the request for access is for protecteq health information that is not maintained or accessible to the covered entity on-site, the covered entity must take an action required by paragraph (b )(2)(i) of this section by no later than 60 days from the receipt of such a request.

(iii) If the covered entity is unable to take an. action required by paragraph (b )(2)(i)(A) or (B) of this section within the time required by paragraph (b )(2)(i) or (ii) of this section, as

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MEMORANDUM

TO: .DATE: PAGE:


OFFICE OF THE CITY ATIORNEY


applicable, the covered entity may extend the time for such actions by no more than 30 days, provided that:

(A) The covered entity, within the time limit set by paragraph (b)(2)(i) or (ii) of this section, as applicable, provides the individual with a written statement of the reasons for the delay and the date by which the covered entity will complete its action on the reque$t; and

(B) The covered entity may have only one such extension of time for action on a request for access. ·

(c) Implementation specifications: Provision of access. If the covered entity provides an individual with access, in whole or in part, to protected health information, the covered entity must comply with the following requirements.

(1) Providing the access requested. The covered entity must provide the access requested by individuals, including inspection or obtaining a copy, or both, of the protected health information about them in designated record sets. If the same protected health information that is the subject of a request for access is maintained in more than one designated record set or at more than one location, the covered entity need only produce the protected health information once in response to a request for access.

(2) Form of access requested. (i) The covered entity must provide the individual with access to the protected health information in the form or format requested by the individual, if it is readily producible in such form or format; or, if not, in a readable hard copy form or such other form or format as agreed to by the covered entity and the individual.

(ii) The covered entity may provide the individual with a summary of the protected health information requested, in lieu of providing access to the protected health information or may

· provide an explanation of the protected health information to which access has been provided, if:

(A) The individual agrees in advance to such a summary or explanation; and

(B) The individual agrees in advance to the fees imposed, if any, by the covered entity for such summary or explanation.

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(3) Time and manner of access. The covered entity must provide the access as requested by the individual in a timely manner as required by paragraph (b )(2) of this section, including arranging with the individual for a convenient time and place to inspect or obtain a copy of the protected health information, or mailing the copy of the protected health information at the individual's request. The covered entity may discuss the scope, format, and other aspects of the request for access with the individual as necessary to facilitate the timely provision of access.

(4) Fees. If the individual requests a copy of the protected health information or agrees to a summary or explanation of such information, the covered entity may impose a reasonable, costbased fee, provided that the fee includes only the cost of:

(i) Copying, including the cost of supplies for and labor of copying, the protected health information requested by the individual;

(ii) Postage, when the individual has requested the copy, or the summary or explanation, be mailed; and

(iii) Preparing an explanation or summary of the protected health information, if agreed to by the individual as required by paragraph ( c )(2)(ii) of this section. ·

(d) Implementation specifications: Denial of access. If the covered entity denies acce!;s, in whole or in part, to protected health information, the covered entity must comply with the following requirements.

(1) Making other information accessible. The covered entity must, to the extent possible, give the individual access to any other protected health information requested, after excluding the protected health information as to which the covered entity has a ground to deny access.

(2) Denial. The covered entity must provide a timely, written denial to the individual, in accordance with paragraph (b)(2) of this section. The denial must be in plain language and contain:

(i) The basis for the denial;

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Sunshine Ordinance Task Force· June 15, 2017 12


RE: Complaint No: 17049 - Garza v. Department of Public Health

(ii) If applicable, a statement of the individual's review rights under paragraph (a)( 4) of this section, including a description of how the individual may exercise such review rights; and

(iii) A description of how the individual may complain to the covered entity pursuant to the complaint procedures in § 164.530( d) or to the Secretary pursuant to the procedures in § 160.306. The description must include the name, or title, and telephone number of the contact person or office designated in § 164.530(a)(l)(ii).

(3) Other responsibility. If the covered entity does not maintain the protected health information that is the subject of the individual's request for access, and the covered entity knows where the requested information is maintained, the covered entity must inform the individual where to direct the request for access.

( 4) Review of denial requested. If the individual has requested a review of a denial under paragraph (a)(4) of this section, the covered entity must designate a licensed health care professional, who was not directly involved in the denial to review the decision to deny access. The covered entity must promptly refer a request for review to such designated reviewing official. The designated reviewing official must determine, within a reasonable period of time, whether or not to deny the access requested based on the standards in paragraph (a)(3) of this section. The covered entity must promptly provide written notice to the individual of the determination of the designated reviewing official and take other action as required by this section to carry out the designated reviewing official's determination.

( e) Implementation specification: Documentation. A covered entity must document the following and retain the documentation as required by§ 164.5300):

(1) The designated record sets that are subject to access by individuals; and

(2) The titles of the persons or offices responsible for receiving and processing requests for access by individuals.

45 C.F.R. § 164.508: USES AND DISCLOSURES FOR WHICH AN AUTHORIZATION IS REQUIRED.

(a) Standard: authorizations for uses and disclosures. -- (1) Authorization required: general rule. Except as otherwise permitted or required by this subchapter, a covered entity may not use or disclose protected health information without an authorization that is valid under this section. When a covered entity obtains or receives a valid authorization for its use or disclosure of protected health information, such use or disclosure must be consistent with such

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TO: DATE: PAGE: RE:

Sunshine Ordinance Task Force June 15, 2017 13 Complaint No. 17049- Garza v. Department of Public Health

authorization.

(2) Authorization required: psychotherapy notes. Notwithstanding any provision of this subpart, other than the transition provisions in§ 164.532, a covered entity must obtain an authorization for any use or disclosure of psychotherapy notes, except:

(i) To carry out the following treatment, payment, or health care operations:

(A) Use by the originator of the psychotherapy notes for treatment;

(B) Use or disclosure by the covered entity for its own training programs in which students, trainees, or practitioners in mental health learn under supervision to practice or improve their skills in group, joint, family, or individual counseling; or

(C) Use or disclosure by the covered entity to defend itself in a legal action or other proceeding brought by the individual; and

(ii) A use or disclosure that is required by§ 164.502(a)(2)(ii) or permitted by§ 164.512(a); § 164.512(d) with respect to the oversight of the originator of the psychotherapy notes;§ 164.512(g)(l); or§ 164.512G)(l)(i).

(3) Authorization required: Marketing. (i) Notwithstanding any provision of this subpart, other than the transition provisions in§ 164.532, a covered entity must obtain an authorization for any use or disclosure of protected health information for marketing, except if the communication is in the form of:

(A) A face-to-face communication made by a covered entity to an individual; or

(B) A promotional gift of nominal value provided by the covered entity.

(ii) If the marketing involves direct or indirect remuneration to the covered entity from a third party, the authorization must state that such remuneration is involved.

(b) Implementation specifications: general requirements. -- (1) Valid authorizations. (i) A valid authorization is a document that meets the requirements in paragraphs (a)(3)(ii), (c)(l), and

n:\codenf\as2014\960024l\01199864.doc

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CiTY AND COUNTY OF SAN FRANCISCO

MEMORANDUM


TO: DATE: PAGE: RE:

Sunshine Ordinance Task Force June 15, 2017 14 Complaint No. 17049 - Garza v. Department of Public Health

(c)(2) of this section, as applicable.

(ii) A valid authorization may contain elements or information in addition to the elements required by this section, provided that such additional elements or information are not inconsistent with the elements required by this section.

(2) Defective authorizations. An authorization is not valid, ifthe document submitted has any of the following defects:

(i) The expiration date has passed or the expiration everit is known by the covered entity to have occurred;

(ii) The authorization has not been filled out completely, with respect to an element described by paragraph ( c) of this section, if applicable;

(iii) The authorization is known by the covered entity to have been revoked;

(iv) The authorization violates paragraph (b )(3) or ( 4) of this section, if applicable;

(v) Any material information in the authorization is known by the covered entity to be false.

(3) Compound authorizations. An authorization for use or disclosure of protected health information may not be combined with any other document to create a compound authorization, except as follows:

(i) An authorization for the use or disclosure of protected health information for a research study may be combined with any other type of written permission for the same research study, including another authorization for the use or disclosure of protected health information for such research or a consent to participate in such research;

(ii) An authorization for a use or disclosure of psychotherapy notes may only be combined with another authorization for a use or disclosure of psychotherapy notes;

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MEMORANDUM

TO: DATE: PAGE:




(iii) An authorization under this section, other than an authorization for a use or disclosure of psychotherapy notes, may be combined with any other such authorization under this section, except when a covered entity has conditioned the provision of treatment, payment, enrollment in the health plan, or eligibility for benefits under paragraph (b )( 4) of this section on the provision of one of the authorizations.

( 4) Prohibition on conditioning of authorizations. A covered entity may not condition the provision to an individual of treatment, payment, enrolhnent in the health plan, or eligibility for benefits on the provision of an authorization, except:

(i) A covered health care provider may condition the provision of research-related treatment on provision of an authorization for the use or disclosure of protected health information for such research under this section;

(ii) A health plan may condition enrollment in the health plan or eligibility for benefits on provision of an authorization requested by the health plan prior to an individual's enrollment in the health plan, if:

(A) The authorization sought is for the health plan's eligibility or enrollment determinations relating to the individual or for its underwriting or risk rating determinations; and

(B) The· authorization is not for a use or disclosure of psychotherapy notes under paragraph (a)(2) of this section; and

(iii) A covered entity may condition the provision of health care that is solely for the purpose of creating protected health information for disclosure to a third party on provision of an authorization for the disclosure of the protected health information to such third party.

(5) Revocation of authorizations. An individual may revoke an authorization provided under this section at any time, provided that the revocation is in writing, except to the extent that:

(i) The covered entity has taken action in reliance thereon; or

(ii) If the authorization was obtained as a condition of obtaining insurance coverage, other law provides the insurer with the right to contest a claim under the policy or the policy ~cl[ .

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MEMORANDUM


TO: DATE: PAGE: RE:

Sunshine Ordinance Task Force June 15, 2017 16 Complaint No. 17049 - Garza v. Department of Public Health

(6) Documentation. A covered entity must document and retain any signed authorization under this section as required by§ 164.5300).

(c) Implementation specifications: Core elements and requirements. -- (1) Core elements. A valid authorization under this section must contain at least the following elements:

(i) A description of the information to be used or disclosed that identifies the information in a specific and meaningful fashion.

(ii) The name or other specific identification of the person(s), or class of persons, authorized to make the requested use or disclosure .

. (iii) The name or other specific identification of the person( s ), or class of persons, to whom the covered entity may make the requested use or disclosure.

(iv) A description of each purpose of the requested use or disclosure. The statement "at the request of the individual" is a sufficient description of the purpose when an individual initiates the authorization and does not, or elects not to, provide a statement of the purpose.

(v) An expiration date or an expiration event that relates to the individual or the purpose of the use or disclosure. The statement "end of the research study," "none," or similar language is sufficient if the authorization is for a use or disclosure of protected health information for research, including for the creation and maintenance of a research database or research repository.

(vi) Signature of the individual and date. If the authorization is signed by a personal representative of the individual, a description of such representative's authority to act for the individual must also be provided.

(2) Required statements. In addition to the core elements, the authorization must contain state~ents adequate to place the individual on notice of all of the following:

(i) The individual's right to revoke the authorization in writing, and either:

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CITY AND COUNTY OFSAN FRANCISCO

MEMORANDUM

TO: DATE: PAGE:




(A) The exceptions to the right to revoke and a description of how the individual may revoke the authorization; or

(B) To the extent that the information in paragraph (c)(2)(i)(A) of this section is included in the notice required by§ 164.520, a reference to the covered entity's notice.

(ii) The ability or inability to condition treatment, payment, enrollment or eligibility for benefits on the authorization, by stating either:

(A) The covered entity may not condition treatment, payment, enrollment or eligibility for benefits on whether the individual signs the authorization when the prohibition on conditioning of authorizations in paragraph (b )( 4) of this section applies; or

(B) The consequences to the individual of a refusal to sign the authorization when, in accordance with paragraph (b)(4) of this section, the covered entity can condition treatment, enrollment in the health plan, or eligibility for benefits on failure to obtain such authorization.

(iii) The potential for information disclosed pursuant to the authorization to be subject to redisclosure by the recipient and no longer be protected by this subpart .

. (3) Plain language requirement. The authorization must be written in plain language.

(4) Copy to the individual. If a covered entity seeks an authorization from an individual for a use or disclosure of protected health information, the covered entity must provide the individual with a copy of the signed authorization.

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Sunshine Ordin~nce Task Force Complaint Summary

File No.17049

Jason Grant Garza V. Public Health

Date filed with SOTF: 5/18/17

Contacts information (Complainant information listed first): [email protected] (Petitioner/Complainant) Barbara Garcia and Nancy Sarieh, Department of Public Health (Respondent)

File No. 17049: Complaint filed by Jason Grant Garza against Director Barbara Garcia and the Department of Public Health, for allegedly violating Administrative Code (Sunshine Ordinance), Sections 67.25 and 67.34, by failing to respond to an Immediate Disclosure Request in a timely and/or complete manner.

Administrative Summary if applicable:

Below is the Immediate Disclosure Request submitted by the Petitioner:

Pursuant to all relevant provisions of the California Government Codes (Ralph M. Brown Act et al.) and the San Francisco Sunshine Ordinance, California Records Act, and the Federal FOIA Act - I would like to request a copy of the following:

1. All video and video policies regarding a 4/11/2017 incident at San Francisco General Hospital. I went to SFGH between 12 noon and 6p.m. with a letter from a doctor instructing EMERGENCY ADMITTANCE (Emergency Medicine. Code: R10.84). Please provide all video inside the Emergency Admittance Area (Where I was dealt with by Security and Hospital Staff), Directly Outside (Where I was asked to be seated).

2. The "Triage Report" and "Medical Screening Report" as required by EMTALA.

3. This request includes all paperwork sent, received, emailed or any other form of transmittal to all agencies involved. This request includes all paperwork sent, received, emailed or any other form of transmittal from all agencies involved. This request also includes all internal documentation generated by the "incidenf' concerning this matter also.

Related SOTF File: 15012

Complaint Attached.

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Young, Victor

From: Sent: To:

Subject:

6/25/17

Dear Ms. Jordan:

Jason Grant Garza <[email protected]> Sunday, June 25, 2017 8:11 AM [email protected]; Jason Grant Garza; Garcia, Barbara (DPH); Price, Basil (DPH); SOTF, (BOS); Acosta, Linda (DPH); [email protected] Ms. Jordan - Contact me ASAP via email in order to setup appointment to show EXTRA evidence (videos, paperwork, etc) for EMT ALA violation 4/11 /17 at ZSFGH. ·

I am in receipt of your letter dated informing me that you have opened a case against Zuckerberg San Francisco General Hospital for the EMTALA violation and other patient care, the assault, the theft of property and destruction of evidence, the malfeasance by hospital staff and SECURITY, the "OUR WAY or HIGHWAY" Robson's Choice by ZSFGH, the NON RESPONSE to my QUESTIONS regarding MEDICAL LAW and its PROPER enforcement, a copy of my doctor's letter INSTRUCTING EMERGENCY ADMITTANCE, etc. We can also discuss the lack of PROPER RESPONSE, patient care, etc AFTER the INCIDENT and my attempts to followup, hold accountable and correct inthis RIGGED (by design) FAILING SYSTEM. Please be AW ARE that I already have a SIGNED confession from this very same institution http://myownprivateguantanamo.com/settle2.html and ALL my PRIOR paperwork from the confession. I also HA VE many QUESTIONS regarding your PROCEDURE, FOLLOWUP and other matters. A good EXAMPLE would be that I turned in ZSFGH before and have paperwork and was told that my video evidence would NOT be taken into consideration. Another PRIME EXAMPLE and matter would be to speak with Diana Marana regarding HER FAILING ASSESSMENT for the case involving the signed confession (as she told me I was WRONG and NEVER FOLLOWED up afterwards when I sent in the signed confession) so IMAGE my HORROR and TRIPIDATION when dealing with your organization since she is NOW in charge and HAS NEVER responded nor accounted.

Therefore PLEASE setup an appointment ASAP in which I can come over, bring my paperwork, video record our discussion and proceeding and hold accountable and INSURE CORRECT PERFORMANCE.

Pfoase contact me via EMAIL as I DO NOT want a CASE of "HE SAID ... SHE SAID" and this way w.e will have a DOCUMENTED TRAIL for "REASONABLE MEN."

Sincerely,


P.S. Please send me what INFORMATION you have as FAR as "WHO" enforces MEDICAL LAW since SECURITY at ZSFGH does NOT and SFPD and Sheriff WILL NOT. P .P .S. Please send me what INFORMATION you have as FAR as "WHO" enforces ADA LAW since SECURITY at ZSFGH does NOT and SFPD and Sheriff WILL NOT.

P325

Young, Victor

From: Sent: To:

Cc: Subject:

Haskell, Matthew (SHF) Tuesday, July 11, 2017 2:14 PM Jason Grant Garza; Garcia, Barbara (DPH); Price, Basil (DPH); San Francisco Sheriff's Department (SHF); SOTF, (BOS); [email protected]; Acosta, Linda (DPH) Ramirez, John (SHF); Krol, Brian (SHF); Ferrigno, Kenneth (SHF) RE: Setup a MEETING to come in discuss my videotapes. videotape the discussion, correct and HOLD ACCOUNTABLE.

Good afternoon Mr. Garza. Hope all is well.

I have to begin by clarifying some points.

Mr. B. Price is the Director of Security. I was assigned as the Watch Commander for the San Francisco Sheriff's Department Patrol Unit the day we spoke. I cannot set up meetings for or with the Security Director. Only Mr. Price can set up meetings where he would be attending. You have a scheduled meeting in August in regards to the video you are attempting to procure.

Would you be able to elaborate on the incident where you claim you could not record your own healthcare?

Thank you for your patience in regards to this matter

From: Jason Grant Garza [mailto:[email protected]] Sent: Monday, July 10, 2017 7:29 AM To: Haskell, Matthew (SHF); Jason Grant Garza; Garcia, Barbara (DPH); Price, Basil (DPH); San Francisco Sheriff's Department (SHF); SOTF, (BOS); [email protected]; Acosta, Linda (DPH) Subject: Setup a MEETING to come in discuss my videotapes. videotape the discussion, correct and HOLD ACCOUNTABLE.

Matthew Haskell Charge of SECURITY while RAMIREZ is GONE. at WORLD FAMOUS ZUCKERBERG San Francisco General Hospital 415-206-8063

7/10/2017

Dear Mr. Haskell:

Thank you for our conversation the other day. Unfortunately, I am just getting time to write.

Please set up meeting ASAP to come in and discuss, videotape our discuss, correct and HOLD ACCOUNTABLE the INCORRECT policies at DPH and Sheriff with regard to providing SECURITY and NOT LAW ENFORCEMENT of MEDICAL AND ADA RIGHTS. Please be A WARE that I have a copy of the "12 Million Dollar MOU" by San Francisco's Department of Public Health and Sheriff to provide SECURITY while dressed as LEO'S (and NOT PROVIDING LAW ENFORCEMENT SERVICES) while thwarting ANY and ALL PATIENT, MEDICAL and ADA RIGHTS.

Pq26

Please be AWARE that I HA VE YEARS of videos to CLEARLY illustrate the LAW BREAKING and I have been ARRESTED, FALSELY IMPRISONED and GONE to COURT and WON ... yet, nothing has CHANGED and it is the SAME INHUMANE ILLEGAL ACTIVITY that continues. Please feel free to go to youtube and type in Jason Garza to find over 1 OOO videos OVER YEARS showing NOT only the COMPLICITY but NATURE and FABRIC of the deliberate deception and NO CORRECTION nor DESIRE only false propaganda.

Please have Mr. Basil Price (Director of SECURITY) at ZUCKERBERG San Francisco General Hospital included in the meeting so that I MAY SHOW HIS and SECURITY'S rigged METHODOLOGY. I have THOSE VIDEOS ALSO. Please be aware that I am still trying to get a SUNSHINE video tape from the HOSPITAL and have REPEATEDLY tried to see Mr. Price and PROCEED only to be thwarted by NONPERFORMANCE and further HARM and DELAY (typical "RISK MANAGEMENT.") Please check to see ifl can retrieve this at our meeting and Mr. Price can EXPLAIN the DELAY, HARM and INfilRY on video.

In the INTERIM ... can you please send the LEGAL CITATION (not BOGUS and ILLEGAL POLICY) for .. NOT being ABLE to videotape the RECEIPT of ONE'S OWN HEALTH care ... I have repeatedly asked, been repeatedly denied, feed INCORRECT and ILLEGAL POLICY (SF DPH'S and Sheriffs) falsely CLAIMING HIP AA and Section 632 VIOLATION for which I was FALSELY ARRESTED, FALSELY IMPRISONED and when I went to COURT was VICTORIOUS https://www.youtube.com/watch?v=zr4hCybk-5k&t=l43s yet NOTHING has changed as I FOREWARNED the PUBLIC DEFENDER https://www.youtube.com/edit?o=U&video id=PSWiJxnnUo Y

https://www.youtube.com/edit?o=U&video id=Nh6tAJtoZbg https://www.youtube.com/edit?o=U&video id=-h85jVVHrd8 since I would receive NO DUE PROCESS nor filSTICE in COURT to HOLD ACCOUNTABLE and CORRECT by deliberate design and PLANNED FAILURE. I have THOSE videos ALSO. .

Much to DISCUSS and HOLD ACCOUNTABLE and CORRECT,

Sl.ncerely,

. J asongrantgarza [email protected]

PS27

Young, Victor

From: Sent: To: Subject:

Attachments:

5/18/2017

Dear Ms. Acosta:

Jason Grant Garza <[email protected]> Thursday, May 18, 2017 7:18 AM DPH, PublicRecords (DPH); Jason Grant Garza; SOTF, (BOS) Re: Sunshine request of 5-4-17 and YOUR INCORRECT ASSERTIONS ... WHO TRAINED????

· affidavit re video.pdf

Yes, I do HAVE many many questions. I also have many files, prior IDR's and prior RELEASED VIDEOS.

Please setup an appointment ASAP that I might come in, discuss, videotape and show you the INCORRECT policies, prior INCORRECT methodology REPEATEDLY used by SF DPH and you can show me SPECIFICALLY where in HIPAA it does not ALLOW for a patient to videotape his healthcare. You are conflating your incorrect PRIVACY opinion verses the LAW and its REQUIREMENTS. .

You can also explain WHY I received prior VIDEOS (see sunshine case 15012) and

WE can discuss the INCORRECT PC 632 reference also in the INCORRECT policy (which I have many many prior videos trying to get FIXED) ...

We can discuss the false arrest at Tom Waddell where SECURITY (the sheriff lackey falsely charged me, perjured himself on his report) and we can discuss the DA piling on ... We can discuss going to COURT and I WINNING (remember the SAME FALSE BS charges ..• Section 632, HIPAA, etc) ... We can discuss the (by design) FAILURES and NON CORRECTIONS, We can discuss IA ... its FAILURE and CONTINUATION, We can discuss the 12 Million dollar "MOU" for SECURITY by SF Sheriff to thwart Patient RIGHTS ... much to speak about!

We can SPEAK about SFPD NOT getting involves since if you call POLICE EMERGENCY or DISPATCH over DPH and Sheriff ... they will state Sheriff has JURISDICTION (again INCORRECT as I have the paperwork) however when NO CORRECTION such as SF DPH ... the SONG and DANCE continue.

Please note that I have the VIDEOS, and DOCUMENTATION. Also please ask Garcia (SF Director of Public Health) regarding a prior Signed confession admitting fault and guilt for breaking EMTALA law ... or go here .... settle2 ... note YEARS later I STILL AWAIT EXPLANATION ...

P3i28

In addition ... email me as I want a documented trail ...

Sincerely,

Jason Grant Garza ahoo.com

settle2

From: "DPH, PublicRecords (DPH)" <[email protected]> To: "[email protected]" <[email protected]> Cc: "DeGuzman, Faye (DPH)" <[email protected]> Sent: Wednesday, May 17, 2017 3:26 PM Subject: Sunshine request of 5-4-17

Hello Mr. Garza,

Faye De Guzman let me know that you had some questions regarding why your request of "All video and video policies regarding a 4/11/2017 incident at San Francisco General Hospital" weren't released to you. As stated in the affidavit of May 12, 2017 (picked up by you on May 16), video was retrieved from April 11, 2017. The video was found to contain confidential information including images/faces/identifiers of other individuals seeking medical care. This information is confidential and protected under HIPAA and we are unable to release it. I'm attaching another copy of the affidavit for your convenience.

Let me know if you have any additional questions,

Linda

Linda Acosta Communications San Francisco Department of Public Health 101 Grove Street, San Francisco, CA 94102

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415.554.2928 I TWITIER

CONFIDENTIALITY NOTICE: This e-mail is intended for the recipient only. If you receive this e-mail in error, notify the sender and destroy the e-mail immediately. Disclosure of the PHI contained herein may subject the discloser to civil or criminal penalties under state and federal privacy laws.

P~30

SUNSIDNE ORDINANCE TASK FORCE

DATE DECISION ISSUED May 6, 2015

City Hall 1 Dr Carlton B. Goodlett Place, Room 244

San Francisco, CA 94102-4689 Tel. No. (415) 554-7724

ORDER OF DETERMINATION September ,· 2016

Fax No. (415) 554-7854 TTD/TTYNo. (415) 554-5227

CASE TITLE - Jason Grant Garza v. Barbara Garcia, Philip Katzenberger, Faye DeGuzman, and Nancy Sarieh, Department of Public Health (File No. 15012)

FACTS OF THE CASE

Jason Grant Garza (Complainant) made a complaint alleging that Barbara Garcia, Philip Katzenberger, Faye DeGuzman, and Nancy Sarieh, Department of Public Health(DPH), violated Administrative Code (Sunshine Ordinance), Sections 67.21 and 67.25, for failure to allow inspection of public records during normal hours of operations, without unreasonable delay, and without requiring an appointment and failure to respond to an Immediate Disclosure Request in a timely and/or complete manner.

COMPLAINT FILED

On February 17, 2015, Mr. Garza filed a complaint with the Task Force regarding the alleged violation.

HEARING ON THE COMPLAINT

On March 17, 2015, the Complaint Committee heard the matter.

The Complaint Committee determined that the only issue that should be considered is the request for specific video recordings. The other portions of the complaints regarding medical records and policies were previous adjudicated by the Sunshine Ordinance Task Force under File Nos. 14076, 14077, 14078, 14056, and 14084.

Jason Grant Garza (Complainant) appeared before the Complaint Committee and presented his claim. Mr. Garza commented on several unrelated issues and stated that he was not able to access the video provided by the Respondent and was not able

· to make an appointment with the custodian of records to discuss the request for records.

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Nancy Sarieh, Department of Public Health (Respondent), provided a summary of the department's position and provided a timeline of the department's response.

12/22/2014 - Request for video recording received by DPH 12/24/2014 - DPH requested an extension of time to responded to 1 /5/2015 1/5/2015- DPH stated that additional time was needed to respond 1/20/2015 - DPH provided the request records to the Complainant 2/17 /2015 - Complainant picked up requested video

Ms. Sarieh acknowledged that the response to the request for video recordings was not timely due to the need to visually review many hours of video to find the relevant portion requested. As a result of the labor intensive search, new policies regarding request for video recordings shall be established to prevent the issue from occurring again. A specific form shall be created to request video records. Possible fields shall be: 1) date and exact time of video; 2) location in the building; and 3) detailed description of the person in video.

On May 6, 2015, the Sunshine Ordinance Task Force (SOTF) held a hearing to review the recommendation of the Complaint Committee.

Member Pilpel requested that the Task Force provide/included advice to the Department of Public Health regarding public records request procedures. The information was not provided by Member Pilpel and not included in this Order of Determination.

FINDINGS OF FACT AND CONCLUSION OF LAW

Based on the testimony and evidence presented, the Task Force finds the testimony of the Complainant to be persuasive and finds Administrative Code (Sunshine Ordinance), Section 67.25(a), applicable in this case. .

DECISION AND ORDER OF DETERMINATIONS

The Complaint Committee recommends that the Task Force accept the determination that the Task Force has jurisdiction and find that a violation of Administrative Code (Sunshine Ordinance), Section 67.25(a), occurred for failing to respond to an Immediate Disclosure Request in a timely manner (video recordings).

On May 6, 2015, the Sunshine Ordinance Task Force reviewed and adopted the Complaint Committee recommendation and found Barbara Garcia, Philip Katzenberger, Faye DeGuzman, and Nancy Sarieh, Department of Public Health, in violation of Administrative Code (Sunshine Ordinance), Section 67.25(a), for failing to respond to an Immediate Disclosure Request in a timely manner in regards to the request for specific video recordings.

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This Order of Determination was adopted by the Sunshine Ordinance Task Force on May 6, 2015, by the following vote:

The motion PASSED by the following vote:

Ayes: 6 - Wolf, Pilpel, Hepner, Fischer, Hinze, Washburn Noes: 0 - None Absent: 2 - Chopra, Hyland

Bruce Wolfe, Chair Sunshine Ordinance Task Force

c. Nicholas Colla, Deputy City Attorney Jason Grant Garza, Complainant Nancy Sarieh, Department of Public Health Philip Katzenberger, Department of Public Health Faye DeGuzman, Department of Public Health Barbara Garcia, Department of Public Health

P333

Young, Victor

From: Sent: To:

Cc:

SOTF, (BOS) Friday, June 09, 2017 11 :14 AM 'Bob Planthold'; '[email protected]'; Pelham, Leeann (ETH); Blome, Jessica (ETH); 'Ray'; Calvillo, Angela (BOS); 'Jason Grant Garza'; Sarieh, Nancy (MYR); Acosta, Linda (DPH); Garcia, Barbara (DPH); Chawla, Colleen (DPH); Katzenberger, Philip (DPH); Price, Basil (DPH); 'Michael Gray'; Waaland, Kathryn (POL); Walton, Briseida (POL); Callahan, Micki (HRD); PublicRecords, OHR (HRD); Greene, Paul (HRD) Ng, Wilson (BOS); Calvillo, Angela (BOS)

Subject: SOTF - Notice of Hearing - Education, Outreach and Training Committee: June 20, 2017, 3:30 p.m.

Good Morning:

Notice is hereby given that the Education; Outreach and Training Committee of the Sunshine Ordinance 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.

Date: June 20, 2017

Location: City Hall, Room 408

Time: 3:30 p.m.

Complainants: Your attendance is required for this meeting/hearing.

Respondents/Departments: Pursuant to Section 67.21 (e) of the Ordinance, the custodian of records or a representative of your department, who can speak to the matter, is required at the meeting/hearing.

Complaints/Hearings:

File No. 17006: Hearing - Development of support and training for policy and advisory bodies regarding procedures for posting agendas and minutes and the disconnect between the clerks who generate agenda and the webmasters who post the agendas.

File No. 17044: ·complaint filed by Laura Clark against the Ethics Commission for allegedly violating

Administrative Code (Sunshine Ordinance}, Sections 67.7(d}, by acting or conduction discussions on an

item not appearing on the posted agenda (Ethics Commission April 24, 2017, meeting}.

File No. 17048: Complaint filed by Ray Hartz against Angela Calvillo, Clerk of the Board of Supervisors,

for allegedly violating Administrative Code (Sunshine Ordinance}, Section 67.16, by failing to place a

written summary of the public comment, if no more than 150 words, in the minutes (March 14, 2017

and March 21, 2017}.

File No. 17049: Complaint filed by Jason Grant Garza against Director Barbara Garcia, Philip

Katzenberger and Basic Price, Department of Public Health, for allegedly violating Administrative Code (Sunshine Ordinance}, Sections 67.25 and 67.34, by failing to respond to an Immediate Disclosure

Request in a timely and/or complete manner.

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File No. 17060: Complaint filed by Michael Gray against the Police Department for allegedly violating Administrative Code (Sunshine Ordinance), Section 67 .21, by failing to respond to a request for public records in a timely and/or complete manner.

File No. 17063: Complaint filed by Michael Gray against Micki Callahan and the Department of Human Resources for allegedly violating Administrative Code (Sunshine Ordinance), Section 67.21, by failing to respond to a request for public records in a timely and/or complete manner.

Documentation (evidence supporting/disputing complaint)

·For a additonal 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, June 13, 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 [email protected] I www.sfbos.org

• tl1tJ 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 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 3,;3 5

Young, Victor

From: Sent: To:

Subject: Attachments:

6/7/2017

Dear Mr. Schmidt:

Jason Grant Garza <[email protected]> Wednesday, June 07, 2017 12:59 AM [email protected]; SOTF, (BOS); Jason Grant Garza; Acosta, Linda (DPH); Garcia, Barbara (DPH); Price, Basil (DPH) 6/7/2017 - Schmidt - Setup a meeing ASAP to discuss your incorrect assertions ... Susan Ehrlich.pdf

I am in receipt of the below attachment and am writing to setup an appointment in which to come in discuss and videotape the followup regarding the attachment, it's meaning and implications. We can discuss whether you have seen the IDR'ed video and what the viewing or non-viewing mean in relationship to your claim per the attachment. Did I leave or was I assaulted and denied by SHERIFF (SECURITY) and SFGH staff? I know the video will reveal the truth. So as you can tell I have many many regarding not only your narrative ... but in addition part of this investigation and/or COVERUP.

I await with questions and camera in hand.

Sincerely,

Jason Grant Garza j [email protected]

P3.36

Acosta,·linda (DPH)


Good Morning,

Schmidt, Jeffrey (DPH)

Wednesday, April 12, 2017 6:28 AM

Ehrlich, Susan (DPH);Boyo, T?san (DPH);Williams, Troy (DPH)

Fw: J. Garza on campus

Mr. Garza did not want to stop filming and stated that he would get his care somewhere else. Let me know if you have any questions/concerns. Jeff

Jeffrey A. Schmidt, RN MPH

Dir.ector, Clinical Operations

Zuckerberg San Francisco General

Hospital and Trauma Center

1001 Potrerci Avenue Room

San Francisco, CA 94110

Phone: ( 415) 206-3525

ZuckerbergSanFranciscoGeneral.org

Follow us on Facebook

This e-mail is intended for the recipient only. If Protected Health Information (PHI) is contained in this email, unauthorized disclosure may subject the discloser to civil or criminal penalties under state and federal privacy laws. If you received this email in error, notify me and destroy the email immediately.

1

P337

From: Haslam, Julie A. (DPH)

Sent: Tuesday, April 11, 2017 4:19 PM

To: Ramirez, John (SHF); Price, Basil (DPH); Schmidt, Jeffrey (DPH)

Subject: J. Garza on campus

Good Afternoon Gentlemen,

This afternoon at approximately 1545 Jason Garza entered the ED triage area actively filming on his phone and asking questions. SFSD responded and interacted with Garza. The end result was that Garza left the premises when he refused to stop filming on ZSFG property. Garza requested a copy of the policy that specified not allowing people to film on campus.

The Deputies who responded requested a copy of ZSFG policy for them to review as well.

Julie Haslam MJ RN Administrator on Duty

ZUCKERBERG SAN FRANCISCO GENEHAL Hospital and Trauma C~nrer

1001 Potrero Ave. San Francisco, CA 94110 (628) 206-3519

2 P338

Young, Victor

From: Sent: To:

Subject:

Attachments:

6/7/2017

Dear Ms. Haslam:

Jason Grant Garza <[email protected]> Wednesday, June 07, 201712:48 AM Haslam, Julie (DPH); SOTF, (BOS); Jason Grant Garza; Acosta, Linda (DPH); Garcia, Barbara (DPH); Price, Basil (DPH) 6/7/2017- Ms. Haslam - Please schecule an appointment ASAP in come in discuss and videotape in regard to pelow received attachment. Eric Kondo. pdf

I am in receipt of the below attachment regarding an EMATA violation, filming one's OWN healthcare, thwarted services by (SECURITY) and SFGH staff, etc.

Please schedule an appointment ASAP in order that I may come in and discuss and videotape regarding your .'· attachment, it's implications, the SHERIFF'S assistance in the CRIME, etc. Maybe then you can give me this "BOGUS referred to policy" (see attachment) and we can discuss it's meaning and implications. Many questions ... however, I KNOW that the "GOAL" of SFGH is clear concise understood information ... especially as you eloquently put in your attachment "THE END RESULT" ... it's meaning, implications and naturally your part in this and WHAT your attachment means for the TONE and TEXTURE of this investigation. Is it TRULY patient care or "RISK MANAGEMENT?" I await with questions and- camera in hand.

Sincerely,


P339

Acosta, Linda (DPH)

From: Sent: To: Cc:

Ramirez, John (SHF) Thursday, May 04, 2017 11:45 AM Kondo, Eric (DPH) Price, Basil (DPH)

Subject: Fwd: J. Garza on campus

Here is info on the Garza incident.

Capt. J Ramirez Sent from mobile device

Begin forwarded message:

From: "Andrew, Brent (DPH)" <[email protected]> Date: April 12, 2017 at 16:43:28 PDT To: "Ramirez, John (SHF)" <[email protected]> Subject: RE: J. Garza on campus

Thanks.

From: RC;lmirez, John {SHF) Sent: Wednesday, April 12, 2017 12:16 PM To: Andrew, Brent (DPH) <[email protected]> Subject: FW: J. Garza on campus .

Brent,

FYI.

Here is copy of the e-mail Julie Haslam sent.

Be well,

Capt. J. Ramirez SPU/ ZSFGH-LHH 1 (415) 206-3476 Cell 1 (415) 850-5589

STRICTLY CONFIDENTIAL:

This message and any attachments are solely forthe intended recipient and may contain confidential or privileged information. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in this message and any attachments is prohibited. If you have received this communication in error, please notify me by reply e-mail and immediately and permanently delete this message and any attachments. Thank you.

1 P340

From: Haslam, Julie A. (DPH) Sent: Tuesday, April 11, 2017 4:20 PM To: Ramirez, John (SHF); Price, Basil (DPH); Schmidt, Jeffrey (DPH) Subject: J. Garza on campus


This afternoon at approximately 1545 Jason Garza entered the ED triage area actively filming on

his phone and asking questions. SFSD responded and interacted with Garza. The end result was

that Garza left the premises when he refused to stop filming on ZSFG property. Garza requested a copy of the policy that specified not allowing people to film on campus.



ZUGKERBEHG SAN FRANClS'CO GENER:A.l Hospital and Trauma Center


2

P341

Young, Victor·

From: Sent: To:

Subject:

Attachments:

617/2017

Dear Ms. O'Donnell:

Jason Grant Garza <[email protected]> Wednesday, June 07, 2017 12:32 AM . O'Donnell, Karen (DPH); SOTF, (BOS); Jason Grant Garza; Acosta, Linda (DPH); Garcia, Barbara (DPH); Price, Basil (DPH) 6/7/2017 - Ms. ODonnell - Please schedule a meeting to discuss and videotape the below concerns regarding an iDR, EMT ALA violation, etc. Garza, Jason CNR.pdf

I am in receipt of the below attachment sent through DPH regarding an IDR, EMTALA violation, Sheriffs (SECURITY) active participation, SFGH staffs participation, destruction of evidence, assault, etc that I was subjected to seeking emergency care with a letter from a doctor instructing emergency admittance.

As the custodian of records (per the attachment) please schedule·an appointment in which I can come in discuss, videotape and fully understand the meaning and implications of your certification. We can start by my requesting the policies regarding EMTALA from SFGH (since you correctly state "NO EMTALA LOG") and what its meaning and implications are regarding compliance with Federal Law.

As custodian we can discuss what records/policies, etc SFGH has in regard to a patient seeking to film his pwn care and if it is illegal (give legal citation, etc) and its implications especially for tele-medicine and valid healthy patient care.

As custodian ofrecords you can provide the "SECURITY MOU" that allows the Sheriff access and the ability to thwart receipt of medical care under the color of authority.

Lastly, we can discuss per your certification "The patient was not seen on the requested dates as specified on the request" it's meaning and implications. In addition we can discuss whether or not you spoke with Mr. Price, have seen the requested video, and what "through search" carried out under your "direction and control" (your part n this game) means ... we can discuss "BEST of OUR KNOWLEDGE" having an IDR and specific request ... such as the video. Many questions ... however thank you for the "OPPORTUNITY to DOCUMENT for REASONABLE men."

Please respond and schedule ASAP.

Sincerely,

Jason Grant Garza j [email protected]

P3i42

ZUCKERBERG SAN FRANCISCO GENERAL Hospital and Trauma Center

CERTIFICATE OF NO RECORD

I the undersigned being the CUSTODIAN or the KEEPER OF RE San Francisco General, certify that a thorough search of. our file direction and control, revealed NO MEDICAL RECORDS and Jason Garza for Date of Service April 11, 2017.

OROS for Zuckerberg carried out under my o EMTALA LOG on:

It is to be understood that this does not mean that records do not e ist under another name, another spelling or under another classification, but that with the information furnished our office and fo the best of our knowledge, no such reco ds exist in our files. The patient was not seen on the requested dates as specified on t e request.

Executed on May 11, 2017, San Francisco, California.

Karen O'Donnell, RHIT ·'

Zuckerberg San Francisco General 1001 Potrero Avenue 0 Suilc 281 ° San Francisco, CA 94110

Telephone (415) 206-$~ 4~ (415} 206-8623

Young, Victor


Attachments:

5/30/2017

Jason Grant Garza <[email protected]> Tuesday, May 30, 2017 6:25 AM SOTF, (BOS); Acosta, Linda (DPH); Garcia, Barbara (DPH); Jason Grant Garza 5/30/2017 - UNPROFESSIONAL - STILL NO RESPONSE - Fw: 5/25 - NO RESPONSE from Acosta - Fw: Sunshine request of 5-4-17 and YOUR INCORRECT ASSERTIONS ... WHO TRAINED???? affidavit re video.pdf

Dear Ms. Acosta and Task Members:

PLEASE NOTE FOR THE UPCOMING FILE AND CASE THAT AS OF TODAY I STILL HA VE NOT RECEIVED RESPONSE AS REQUIRED AND MANDATED BY SUNSHINE, LAW, DECENCY, . HUMANITY, PROFESSIONALISM or EVEN CORRECT PERFORMANCE.

Below is the paper trail of the requested meeting to discuss, videotape and followup. In addition is my request to send via regular email that I have NOT received.

REMEMBER: According to SUNSHINE YOU MUST ASSIST the requestor to get "SPECIFICALLY" what he needs ... PART of my needs are a VALID EXPLANATION. the LAW CITED (since you were incorrect) and POINTED OUT as mine has been, the CHANCE and OPPORTUNITY to FIX an INCORRECT LAW and PROCEED ...

Also according to SUNSHINE ... as fast as possible, etc .... HOW HAS NOT RESPONDING been fast, helpful, accurate, humane or even DARE I SAY ... professional?

Thank you for the OPPORTUNITY to DOCUMENT for "REASONABLE MEN."

I still AWAIT.


----- Forwarded Message -----From: Jason Grant Garza <[email protected]> To: SOTF (BOS) <[email protected]>; Jason Grant Garza <[email protected]>; Acosta Linda (DPH) <[email protected]>; Garcia Barbara (DPH) <[email protected]> Sent: Thursday, May 25, 2017 9:06 AM Subject: 5/25 - NO RESPONSE from Acosta - Fw: Sunshine request of 5-4-17 and YOUR INCORRECT ASSERTIONS ... WHO TRAINED????

PS44

5/25/2017


Below is the paper trail of the requested meeting to discuss, videotape and followup. In addition is my request to send via regular email that I have NOT received.

REMEMBER: According to SUNSHINE YOU MUST ASSIST the requestor to get "SPECIFICALLY" what he needs ... PART of my needs are a VALID EXPLANATION. the LAW CITED (since you were incorrect) and POINTED OUT as mine has been, the CHANCE and OPPORTUNITY to FIX an INCORRECT LAW and PROCEED ...

Also according to SUNSHINE ... as fast as possible, etc .... HOW HAS NOT RESPONDING been fast, helpful, accurate, humane or even DARE I SAY ... professional?


I still AWAIT.


----- Forwarded Message -----From: Jason Grant Garza <[email protected]> To: "DPH, PublicRecords (DPH)" <[email protected]>; Jason Grant Garza <[email protected]>; SOTF (BOS) <[email protected]> Sent: Thursday, May 18, 2017 7:21 AM Subject: Re: Sunshine request of 5-4-17 and YOUR INCORRECT ASSERTIONS ... WHO TRAINED????

5/18/2017

Dear Ms. Acosta:


Please setup an appointment ASAP that I might come in, discuss, videotape and show you the INCORRECT policies, prior INCORRECT methodology REPEATEDLY used by SF DPH and you can show me SPECIFICALLY where in HIPAA it does not ALLOW for a patient to videotape his healthcare. You are conflating your incorrect PRIVACY opinion verses the LAW and its REQUIREMENTS.



We can discuss the false arrest at Tom Waddell where SECURITY (the sheriff lackey falsely charged me, perjured himself on his report) and we can discuss the DA piling on ... We can discuss going to COURT and I WINNING (remember the SAME FALSE BS charges ... Section 632, HIPAA, etc) ... We can discuss the (by design) FAILURES and NON CORRECTIONS, We can discuss IA ... its FAILURE and CONTINUATION, We can discuss the 12 Million dollar "MOU" for SECURITY by SF Sheriff to thwart Patient RIGHTS ... much to speak about!


Please note that I have the VIDEOS, and DOCUMENTATION. Also please ask Garcia (SF Director of Public Health) · regarding a prior Signed confession admitting fault and guilt for breaking EMTALA law ... or go here .... settle2 ... note YEARS later I STILL AWAIT EXPLANATION ...


Sincerely,

Jason Grant Garza

settle2


Hello Mr. Garza,

Faye De Guzman let me know that you had some questions regarding why your request of "All video and video policies regarding a 4/11/2017 incident at San Francisco General Hospital" weren't released to you. As stated in the affidavit of May 12, 2017 (picked up by you on May 16), video was retrieved from April 11, 2017. The video was found to contain confidential information including images/faces/identifiers of other individuals seeking medical care. This information is confidential and protected under HIPM and we are unable to release it. I'm attaching another copy of the affidavit for your convenience.


Linda

Linda Acosta Communications San Francisco Department of Public Health 101 Grove Street, San Francisco, CA 94102 415.554.2928 I TWITTER '


P3t4 7



May 12, 2017 ·


Director of Health

Regarding request seeking production of records for "All video and video policies regarding a 4/11/2017 incident at San Francisco General Hospital. I went to SFGH between 12 noon and 6p.m. with a letter from a doctor instructing EMERGENCY ADMITTANCE (Emergency Medicine. Code: Rl 0.84). Please provide all video inside the Emergency Admittance Area (Where I was dealt with by Security and Hospital Staff), Directly Outside (Where I was asked to be seated)." ·



2. A thorough search of our files has been carried out under my direction.

3. Based on the information provided, video was retrieved from April 11, 2017. The video was found to contain confidential information including images/faces/identifiers of other individuals seeking medical care. This information is. confidential and protected under HIP AA and we are unable to release it.

I declare under penalty .of perjury under the laws of the State of California that the foregoing is

t~orr~ .

/. ~\.___; \.j' ~ 5-t :i.--- I 7 Signature Custodian of Records

lAvt-k ~'t)-S~ Printed

Date

Stt-a Frl'-Yic.;.rc o 1 c,4-City

The mission of the San Francisco Department of Public Health is to protect and promote the health of all San Franciscans

101 Grove Street, Room 308, San Francisco, CA 94102 Phone: (415) 554-2526 Fax: (415) 554-2710

Young, Victor


Attachments:

5/25/2017

Jason Grant Garza <[email protected]> Thursday, May 25,.2017 9:03 AM SOTF, (BOS); Jason Grant Garza; Acosta, Linda (DPH); Garcia, Barbara (DPH) 5/25 - NO RESPONSE from Acosta - Fw: Sunshine request of 5-4-17 and YOUR INCORRECT ASSERTIONS ... WHO TRAINED???? affidavit re video.pdf


Below is the paper trail of the requested meeting to discuss, videotape and followup. In addition is niy request to send via regular email that I have NOT received.

REMEMBER: According to SUNSHINE YOU MUST ASSIST the· requestor to get "SPECIFICALLY" what he needs ... PART of my needs are a VALID EXPLANATION. the LAW CITED (since you were incorrect) and POINTED OUT as mine has been, the CHANCE and OPPORTUNITY to FIX an INCORRECT LAW and PROCEED ...

Also according to SUNSHINE ... as fast as possible, etc .... HOW HAS NOT RESPONDING been fast, helpful, . accurate, humane or even DARE I SAY ... professional?


I still AWAIT.


----- Forwarded Message-----From: Jason Grant Garza <jasongrantgarza@yahoo,com> To: "DPH, PublicRecords (DPH)" <[email protected]>; Jason Grant Garza <[email protected]>; SOTF (BOS) <[email protected]> Sent: Thursday, May 18, 2017 7:21 AM Subject: Re: Sunshine request of 5.-4-17 and YOUR INCORRECT ASSERTIONS ... WHO TRAINED????

P349

5/18/2017

Dear Ms. Acosta:


Please setup an appointment ASAP that I might come in, discuss, videotape and show you the INCORRECT policies, prior INCORRECT methodology REPEATEDLY used by SF DPH and you can show me SPECIFICALLY where in HIPAA it does not ALLOW for a patient to videotape his healthcare. You are conflating your incorrect PRIVACY opinion verses the LAW and its REQUIREMENTS.



We can discuss the false arrest at Tom Waddell where SECURITY (the sheriff lackey falsely charged me, perjured himself on his report) and we can discuss the DA piling on ... We can discuss going to COURT and I WINNING (remember the SAME FALSE BS charges ... Section 632, HIPAA, etc) ... We can discuss the (by design) FAILURES and NON CORRECTIONS, We can discuss IA ... its FAILURE and CONTINUATION, We can discuss the 12 Million dollar "MOU" for SECURITY by SF Sheriff to thwart Patient RIGHTS ... much to speak about!




Sincerely,


P3;PO

settle2


Hello Mr. Garza,

Faye De Guzman let me know that you had some questions regarding why your request of "All video and video policies regarding a 4/11/2017 incident at San Francisco General Hospital" weren't released to you. As stated in tlie affidavit of May 12, 2017 (picked up by you on May 16), video was retrieved from April 11, 2017. The video was found to contain confidential information including images/faces/identifiers of other individuals seeking medical care. This information is confidential and protected under HIPAA and we are unable to release it. I'm attaching another copy of the affidavit for your convenience.


Linda

Linda Acosta Communications San Franeisco Department of Public Health 101 Grove Street, San Francisco, CA 94102 415.554.2928 I TWITTER


P3j51

P3t52



May 12, 2017


Director of Health

. Regarding request seeking production of records for "All video and video policies regarding a 4/11/2017 incident at San Francisco General Hospital. I went to SFGH between 12 noon and 6p.m. with a letter from a doctor instructing EMERGENCY ADMITTANCE (Emergency Medicine. Code: Rl 0.84). Please provide all video inside the Emergency Admittance Area (Where I was dealt with by Security and Hospital Staff), Directly Outside (Where I was asked to be seated)."



2. A thorough search of our files has been carried out under my direction,

3. Based on the information provided, video was retrieved from April 11, 2017. The video Was found to contain confidential information including images/faces/identifiers of other individuals seeking medical care. This information is confidential and protected under HIP AA and we are unable to release it.

. I declar~der penalty of perjury under the laws of the State of California that the foregoing is

t~orr~ ·

/. ~~ \j' -- . :; -/ ;i_...- J 7 Signature Custodian of Records

LAvt.~ A-t:v.s~ Printed

Date

StM-i FrAAc4-vc o 1 c;/City


101 Grove Street, Room 308, San Francisco, CA 94102 Phone: {415) 554-2526 Fax: (415) 554-271 O

Young, Victor

From: Sent: To:

Subject:

Attachments:

5/20/2017

Dear Task Members:

Jason Grant Garza <[email protected]> Saturday, May 20, 2017 6:36 AM SOTF, (BOS); Jason Grant Garza; Garcia, Barbara (DPH); Acosta, Linda (DPH); Katzenberger, Philip (DPH); Price, Basil (DPH) 5/20/2017 - Incorrect naming of REQUIRED individuals - Fw: SOTF - Complaint Filed with the Sunshine Ordinance Task Force - Complaint No. 17049 SOTF - Complaint Procedure 2017-04-05.pdf; SOTF COMPLAINT 17049.pdf

Please note as received the respondents named are NOT correct. It should include Philip Katzenberger and Basil Price.

Mr. Katzenberger as DIRECTOR of HIS (Health Information Systems) for SFGH knows or should know the LAW regarding EMTALA and that UNDER EMTALA the REQUESTED documents in the IDR MUST be there or he can explain the missing or lost documents .... HOWEVER, in this case the ABSENCE of EVIDENCE might just be EVIDENCE of ABSENCE (the legally required documents were NOT created) since the HOSPITAL ILLEGALLY denied the services. We can ask ifthe visit was listed on the computer or ONLY became a PROBLEM as I requested the VIDEO that proves NOT only the HARM, FRAUD, ASSAULT, DENIAL of SERVICES, DESTRUCTION of EVIDENCE, etc? He can bring SFGH policy regarding EMTALA.

Mr. Basil Price (as DIRECTOR of SECURITY at SFGH) can speak to the LAW changing (which it HAS not), explain why I CORRECTLY got the video last time, etc.

I can GLADLY bring in the DOCTOR'S letter regarding EMERGENCY ADMITTANCE.

The requested video will show the doctor's letter, the assault, the denial, the destruction of evidence, etc

Sincerely,


P.S. This does not mean that the so far requested respondents should not show as have plenty of questions and documentation ESPECIALLY for GARCIA.

P3i_54

----- Forwarded Message -----From: "SOTF, (BOS)" <[email protected]> To: "Garcia, ·Barbara (DPH)" <[email protected]>; DPH_LitHold_nancy. sarieh_01072017 <[email protected]>; "Acosta, Linda (DPH)" <[email protected]> · Cc: Jason Grant Garza <[email protected]>; "Calvillo, Angela (BOS)" <[email protected]> Sent: Thursday, May 18, 2017 2:15 PM Subject: SOTF - Complaint Filed with the Sunshine Ordinance Task Force - Complaint No. 17049

Good Afternoon:

You have 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. 17049: Complaint filed by Jason Grant Garza against Director Barbara Garcia and the Department of Public Health, for allegedly violating Administrative Code (Sunshine Ordinance), Sections 67.25 and 67.34, by failing to respond to an Immediate Disclosure 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 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

• l'O Click here to complete a Board of Supervisors Customer Service Satisfaction form.

P3§5

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

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~56

Young, Victor


5/20/2017

Dear Ms. Acosta:

Jason Grant Garza <[email protected]> Saturday, May 20, 2017 6:21 AM SOTF, (BOS); Acosta, Linda (DPH); Jason Grant Garza 5/20/2017 - Acosta's METHODOLOGY - Fw: SOTF - Complaint Filed with the Sunshine Ordinance Task Force - Complaint No. 17049

I received this in my email and as you know I do not accept this type of encryption ... this is an open FORUM for PUBLIC RECORDS ... please send me a copy through my normal email system.

Please also explain why encryption for SUNSHINE? If your weak excuse will be MEDICAL RECORDS ... ha, ha ... WHAT MEDICAL RECORDS (especially as required by EMTALA to WHICH I still await an appointment to discuss and videotape) and as far as the requested video ... your affidavit (which cleverly or MISLEADINGLY tries to tie HIP AA violation for someone else " The video was found to contain confidential information including images/faces/identifiers of other individuals seeking medical care. This information is confidential and protected under HIP AA and we are unable to release it. " WHEN there WAS NO ONE else other than I seeking services at that moment) can also be DISCUSSED at the HEARING.

We can ask Mr. Basil Price as the DIRECTOR of SECURITY at SFGH ... WHAT has changed in the LAW since case# 15012 where my records were released.

Please NOTE I still await an APPOINTMENT to come in DISCUSS and VIDEOTAPE ....

Sincerely,


-----Forwarded Message----- · From: "Acosta, Linda (DPH)" <[email protected]> To: [email protected] Sent: Friday, May 19, 2017 3:25 PM Subject: RE: SOTF - Complaint Filed with the Sunshine Ordinance Task Force - Complaint No. 17049

Pq57

New ZixCorp secure email message from City and County of San Francisco

To view the secure message, click Open Message. The secure message expires on Jun 02, 2017 @ 10:25 PM (GMT). Do not reply to this notification message; this message was auto-generated by the sender's security system. To reply to the sender, click Open Message. If clicking Open Message does not work, copy and paste the link below into your Internet browser address bar. https://securemail-sfgov.org/s/e? Want to send and receive your secure messages transparently? Click here to learn more.

P~58

To: SOTF, (BOS) <[email protected]>; Jason Grant Garza <[email protected]>; Garcia, Barbara (DPH)

<[email protected]>; Acosta, Linda (DPH) <[email protected]>; Katzenberger, Philip (DPH)

<[email protected]>; Price, Basil (DPH) <[email protected]>

Subject: 5/20/2017 - Incorrect naming of REQUIRED individuals. - Fw: SOTF - Complaint Filed with the Sunshine Ordinance Task Force - Complaint No. 17049

5/20/2017

Dear Task Members:

Please note as received the respondents named are NOT correct. It should include Philip Katzenberger and Basil Price.

Mr. Katzenberger as DIRECTOR of HIS (Health Information Systems) for SFGH knows or should know the LAW regarding EMTALA and that UNDER EMTALA the REQUESTED documents in the IDR MUST be there or he can explain the missing or lost documents .... HOWEVER, in this case the ABSENCE of EVIDENCE might just be EVIDENCE of ABSENCE (the legally required documents were NOT created) since the HO SPIT AL ILLEGALLY denied the services. We can ask if the visit was listed on the computer or ONLY became a PROBLEM as I requested the VIDEO that proves NOT only the HARM, FRAUD, ASSAULT, DENIAL of SERVICES, DESTRUCTION of EVIDENCE, etc? He can bring SFGHpolicy regarding EMTALA.

Mr. Basil Price (as DIRECTOR of SECURITY at SFGH) can speak to the LAW changing (which it HAS not), explain why I CORRECTLY got the video last time, etc.

I can GLADLY bring in the DOCTOR'S letter regarding EMERGENCY ADMITTANCE.

The requested video will show the doctor's letter, the assault, the denial, the destruction of evidence, etc

Sincerely,


P.S. This does not mean that the so far requested respondents should not show as have plenty of questions and documentation.ESPECIALLY for GARCIA.

----- Forwarded Message -----

P~59

Young, Victor

From: Sent: To: Cc: Subject:

Hello Mr. Garza,

DPH, PublicRecords (DPH) Wednesday, July 19, 2017 6:52 PM Jason Grant Garza SOTF, (BOS) RE: 7/16/2017 - FAILURE by RESPONDENTS "OFFICIAL MISCONDUCT" - Fw: 7/10/2017 -FAILURE by RESPONDENTS to FOLLOWUP, CLARIFY INCORRECT response ... NO ASSISTANCE in GETTING COMPLAINTANT"S REQUEST (OFFICIAL MISCONDUCT.)

I have managed to cobble together enough video editing apps and knowledge to edit the videos down myself, so that they no longer show our patients' faces. I now have in my hands footage from two security cameras at ZSFG from your April 11, 2017 visit. Can I leave them in room 100 here at 101 Grove for your pick up? And if you are in receipt of them, is it necessary then that we attend sunshine court on 8-2-17?

Linda

Linda ~<athleen Acosta Communications Specialist San Francisco Department of Public Health

[email protected] 415-554-2928 Fax 415-759-2899 101 Grove, San Francisco, CA 94102


From: Jason Grant Garza [mailto:[email protected]] Sent: Sunday, July 16, 2017 7:37 AM

To: SOTF, (BOS) <[email protected]>; Jason Grant Garza <[email protected]>; Garcia, Barbara (DPH) <[email protected]>; Price, Basil (DPH) <[email protected]>; Acosta, Linda (DPH) <[email protected]>; [email protected]; San Francisco Sheriff's Department (SHF) <[email protected]>; Haskell, Matthew (SHF) <[email protected]>; Ramirez, John (SHF) <[email protected]>; Krol, Brian (SHF) <[email protected]>; Katzenberger, Philip (DPH) <[email protected]>; O'Donnell, Karen (DPH) <[email protected]>

P1361

Young, Victor

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

Acosta, Linda (DPH) Friday, May 19, 2017 3:25 PM SOTF, (BOS); Garcia, Barbara (DPH); DPH_LitHold_nancy.sarieh_01072017 Jason Grant Garza; Calvillo, Angela (BOS) RE: SOTF - Complaint Filed with the Sunshine Ordinance Task Force - Complaint No. 17049 Sunshine Ordinance Complaint 17049 Response.pdf; Attachment A Jason Grant Garza Immediate Disclosure Request of 5-4-17.pdf; Attachment B PIO response to Jason Garza not Immediate Disclosure 5-4-17.pdf; Attachment C PIO notification that files are ready for pickup on 5-15-17.pdf; Attachment D email pull for Jason Garza April 11, 2017.pdf; Attachment E Export Summary 05.04.2017-1244PM.csv; Attachment F email pull Results.csv; Attachment G Garza, Jason CNR.pdf; Attachment H affidavit re video.pdf; Attachment I PIO response to Jason Garza complaint that video not released.pdf; Attachment J Jason Grant Garza email response to video not released.pdf

Dear Sunshine Ordinance Task Force,

Please find attached our response to Sunshine Ordinance Complaint 17049.

Thank you,

Linda Acosta Communications San Francisco Department of Public Health 101 Grove Street, San Francisco, CA 94102 415.554.2928 I TWITTER


From: SOTF, (BOS) Sent: Thursday, May 18, 2017 2:16 PM To: Garcia, Barbara (DPH) <[email protected]>; DPH_LitHold_nancy.sarieh_01072017 <[email protected]>; Acosta, Linda (DPH) <[email protected]> Cc: Jaso.n Grant Garza <jasongrantgarza@yahoo;com>; Calvillo, Angela (BOS) <[email protected]> Subject: SOTF - Complaint Filed with the Sunshine Ordinance Task Force - Complaint No. 17049

Good Afternoon:

You have 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:

P$62

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. 17049: Complaint filed by Jason Grant Garza against Director Barbara Garcia and the Department of Public Health, for allegedly violating Administrative Code (Sunshine Ordinance), Sections 67 .25 and 67 .34, by failing to respond to an Immediate Disclosure 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.


• ·.II.() 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 i998.

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.

Pl63

City and County of San Francisco Edwin M. Lee

Mayor

May 19, 2017

Sunshine Ordinance Task Force

Re: Complaint 17049

· Timeline of events:

. San Francisco Department of Public Health Barbara A. Garcia, MPA

Director of Health

• 5/4/2017-DPH received Immediate Disclosure Request for all records including video, email,

correspondence related to Jason Garza at Zucke.rberg San Francisco General on April 11, 2017.

(Attachment A)

• 5/4/15- DPH PIO determined that the request did not fit the requirements for Immediate Disclosure

Request as it involved information that was not readily available and was not simple or routine. DPH

informed requester that request would be treated as standard Sunshine Request and would be

delivered within 10 business days on May 15, 2017. (Attachment B)

• 5/15/2017- DPH released all responsive information related to Jason Garza incident at Zuckerberg

San Francisco General on April 11, 2017. PIO let requestor know that docs would be available for

pickup on 5-15-17 at 101 Grove, Room 100, between the hours of 8am-Spm (Attachment C)

• 5/16/17-Jason Garza picked up requested information minus the videos which contained

information (other patient's faces) that is considered Protected Health Information and not

releasable under HIPM act of 1996.

• 5/17/17 Faye De Guzman informed PIO that Mr. Garza had questions regarding why videos weren't

released.

· • 5/17 /17 PIO emailed Mr. Garza with explanation of withheld videos (Attachment I)

• 5/18/17 Mr. Garza responded with email entitled "Sunshine request of 5-4-17 and YOUR

INCORRECT ASSERTIONS ... WHO TRAINED????" (AttachmentJ)

The responsive information included:

• All emails; correspondence related to Jason Garza on April 11, 2017 (Attachment D, E, F)

• Statement that no medical records or EMTALA records found for Jason Garza at Zuckerberg San

Francisco General on April 11, 2017. (Attachment G)

o Affidavit stating non release of video due to presence of Protected Health Information (patient

faces) in video. (Attachment H)

SFDPH I 101 Grove Street, Room 308, San Francisco, CA 94102

P364

City and County of San Francisco EdwinM. Lee

Mayor

San Francisco Department of Public Health Barbara A. Garcia, MPA

Director of Health

In order to gather all records related to Mr. Garza's appearance at Zuckerberg San Francisco General

Hospital:

• PIO requested all correspondence, notes, communications, documents, medical records or EMTALA

records regarding the incident from Jay Kloo, Director of Regulatory Affairs at Zuckerberg San

Francisco General Hospital. Jay Kloo made the request to any and all staff who were in the ED on

April 11, 2017. Dave Staconis, Nurse Manager of the Emergency Department stated in email that

there were no ED visit records for Jason Garza on April 11, 2017.

• Karen O'Donnell was informed of no records existing for Jason Garza on April 11, 2017 from Dave

Staconis's report. Karen O'Donnell signed a certificate of no records stating that the is the keeper of

records for Zuckerberg San Francisco General Hospital and that after a thorough search of all files

that no medical records and no EMTALA log records existed for Jason Garza on April 11, 2017.

{attached)

• PIO had DPH IT analyst pull any and all correspondence via email containing the words Jason Garza

related to April 11, 2017 incident. Those records were pulled and released to Mr. Garza. {attached)

• PIO requested copies of all security camera video both internal and external to the Emergency

Department for April 11, 2017. The video was found to contain faces of patients and was withheld

to protect their identity under HIPAA act of 1996. PIO completed an affidavit stating inability to

release the video due to protected health information of our clients. (Attachment H)

I, Linda Acosta, PIO and Custodian of Records for San Francisco Department of Public Health have released

and made available any and all releasable documents responsive to Mr. Jason Garza's Sunshine Request of

May 4, 2017.

~ Q_ ---p \J-Li n d a Acosta

Custodian of Records, PIO

San Francisco Department of Public Health

415-554-2017

SFDPH j 101 Grove Street, Room 308, San Francisco, CA 94102

P365

Acosta, Linda (DPH)

From: Garcia, Barbara (DPH) Sent: Thursday, May 04, 2017 7:02 AM To: Subject:

Acosta, Linda (DPH); Rykowski, Maggie (DPH) Fwd: "IMMEDIATE DISCLOSURE REQUEST"

Please work together on this.

Barbara Garcia


From: Jason Grant Garza <[email protected]> Date: May 4, 2017 at 5:14:48.AMPDT To: "sotf{a),sfgov.org" <[email protected]>, "jasongrantgarza@,yahoo.com" <[email protected]>,. "[email protected]" <[email protected]>, "[email protected]" <[email protected]>, "[email protected]" <nancy.sari [email protected]>, "[email protected]" <[email protected]>, "[email protected]" <[email protected]> Subject: "IMMEDIATE DISCLOSURE REQUEST" Reply-To: Jason Grant Garza <jasongrantgarza(a),yahoo.com>

5/4/2017 Barbara Garcia, Director Faye De Guzman Nancy Sarieh, PIO Officer San Francisco Department of Public Health and Basil Price, Director of Security Philip Katzenberger, Director HIS

· San Francisco General Hospital

"IMMEDIATE DISCL.OSURE REQUEST"

Please be sure to forward this to the Custodian of Records, department head or whoever is in charge for compliance per the regulation (Sunshine and others) for correct process. Pursuant to all relevant provisions of the California Government Codes (Ralph M. Brown Act et al.) and the San Francisco Sunshine Ordinance, California Records Act, and the Federal,FOIA Act - I would like to request a copy of the following:

1. All video and video policies regarding a 4111/2017 incident at San Francisco General Hospital. I went to SFGH between 12 noon and 6p.m. with a letter from a doctor instructing EMERGENCY ADMITTANCE (Emergency Medicine. Code: R10~84). Please provide all video

1

P366

inside the Emergency Admittance Area (Where I was dealt with by Security and Hospital Staff), Directly Outside (Where I was asked to be seated).

2. The "Triage Report" and "Medical Screening Report" as required by EMTALA.

3. This request includes all paperwork sent, received, emailed or any other form of transmittal to all agencies involved. This request includes all paperwork sent, received, emailed or any other form of transmittal from all agencies involved. This request also includes all internal documentation generated by the "incident" concerning this matter also.

Please realize that per Sunshine Regulations ... you must be helpful in resolving and getting me what I specifically request. You MUST work with the requestor to CLEARLY provide what is required.

Thank You, Jason Grant Garza 1369 B. Hayes Street San Francisco, CA 94117 jasongrantgarza{a),yahoo.com

2

P367

Acosta, Linda (DPH}

From: Sent: To: Subject: Attachments:

Dear Mr. Garza,

Acosta, Linda (DPH) Thursday, May 04, 2017 1:40 PM Jason Grant Garza RE: "IMMEDIATE DISCLOSURE REQUEST" Export Summary 05.04.2017-1244PM.csv; Results.csv

My name is Linda Acosta and I am serving as custodian of records and public information officer until we are able to find a replacement for Nancy Sarieh.

This email is to let you know that we are working towards meeting your public records request of May 4, 2017. I will be happy to help in getting the information you are requesting.

As a threshold matter, your request was submitted as an "Immediate Disclosure" request pursuant to Section 67.25(s) of the San Francisco Sunshine Ordinance. In order for a request to qualify under this section, it must be a simple, routine or otherwise readily answerable request. For more extensive or demanding requests, the maximum deadlines for responding to a request apply. Admin. Code§ 67.25(a).

This request, because it is extensive, requires us to adhere to the time deadlines governing standard requests - an initial 10 Calendar day period for response, plus a possible extension of up to 14 additional days. Please know that I will do everything in my power to get your information to you as soon as.is possible, and have already asked for all content owners to process this request immediately We are able to expedite the process somewhat by sending you a link to a private dropbox file. Please let me know if you are amenable to receiving your files via secure dropbox. If that is not acceptable, please let me know how you would like to receive your files.

You will receive your information on a rolling basis as it is collected. Attached are summary excel files responsive to number 3 of your request, all email correspondence related to Jason Grant Garza from the period of April 11, 2017. I am currently loading the outlook files of all email accounts listed and will send you details as soon as they are reviewed.

We will respond to the entirety of your request as soon as possible with a due date of May 15, 2017.

Linda

Linda Acosta Communications San Francisco Department of Public Health 101 Grove Street, San Francisco, CA 94102

415.554.2928 I TWITIER


-----Original Message----From: Garcia, Barbara (DPH)

1

P368

Sent: Thursday, May 04, 2017 7:01 AM To: Jason Grant Garza <[email protected]> Cc: Acosta, Linda (DPH) <[email protected]>; Rykowski, Maggie (DPH) <[email protected]>

Subject: Re: "IMMEDIATE DISCLOSURE REQUEST"

I have received your request.

Barbara Garcia

>On May 4, 2017, at 5:15 AM, Jason Grant Garza <jasongrantgarza@yahoo:com> wrote:

> > > > 5/4/2017 > Barbara Garcia, Director > Faye De Guzman > Nancy Sarieh, PIO Officer >San Francisco Department of Public Health and Basil Price, Director of >Security Philip Katzenberger, Director HIS San Francisco General

>Hospital

> > >"IMMEDIATE DISCLOSURE REQUEST"

> > >Please be sure to forward this to the Custodian of Records, department head or whoever is in charge for compliance per the regulation (Sunshine and others) for correct process. >Pursuant to all relevant provisions of the California Government Codes (Ralph M. Brown Act et al.) and the San Francisco Sunshine Ordinance, California Records Act, and the Federal FOIA Act - I would like to request a copy of the following:

> > 1. All video and video policies regarding a 4/11/2017 incident at San Francisco General Hospital. I went to SFGH between 12 noon and 6p.m. with a letter from a doctor instructing EMERGENCY ADMITIANCE (Emergency Medicine. Code: Rl0.84). Please provide all video inside the Emergency Admittance Area (Where I was dealt with by Security and Hospital Staff), Directly Outside (Where I was asked to be seated).

<' > > 2. The "Triage Report" and "Medical Screening Report" as required by EMTALA.

> > > 3. This request includes all p11perwork sent, received, emailed or any other form of transmittal to all agencies involved. This request includes all paperwork sent, received, emailed or any other form of transmittal from all agencies involved. This request also includes all internal documentation generated by the "incident" concerning this matter also.

> > >Please realize that per Sunshine Regulations ... you must be helpful in resolving and getting me what I specifically request. You MUST work with the requestor to CLEARLY provide what is required.

> >Thank You, >Jason Grant Garza > 1369 B. Hayes Street >San Francisco, CA 94117

2 P369

> [email protected]

3 P370

Acosta. Linda (DPH)

From: Sent: To:

Subject:

Mr. Garza,

DPH, PublicRecords (DPH) Friday, May 12, 2017 2:33 PM

'Jason Grant Garza' RE: "IMMEDIATE DISCLOSURE REQUEST"

Files responsive to your Sunshine request of May 4, 2017 will be ready for pick up on Monday, May 15 at 101 Grove, Room 100. Business hours are 8am-5pm Monday-Friday. The files are in both paper format and on CD and contain:

• Emails regarding Jason Grant Garza at Zuckerberg San Francisco General Hospital on April 11,2017

•. Affidavit of no medical records found for Jason GrantGarza for April 11, 2017

• Affidavit of protected health information contained in security video preventing release of video

Linda



From: Jason Grant Garza [mailto:[email protected]]

Sent: Thursday, May 11, 2017 10:34 AM

To: DPH, PublicRecords (DPH) <[email protected]>; Jason Grant Garza <[email protected]> Subject: Re: "IMMEDIATE DISCLOSURE REQUEST"

5/11/2017

Dear Linda:

Please let me know ASAP when to come in and pick up and record the interaction of the requested information. I DO NOT and WILL NOT act thru a "dropbox" on an email system by SFDPH.

Please let me know of the STATUS of this request.

Sincerely,

1

P371


From: "DPH, PublicRecords (DPH)" <[email protected]> To: Jason Grant Garza <[email protected]> Sent: Thursday, May 4, 2017 2:20 PM Subject: RE: "IMMEDIATE DISCLOSURE REQUEST"

Dear Mr. Garza,

My name is Linda Acosta and I am serving as·custodian of records and public information officer until we are able to find a replacement for Nancy Sarieh.

This email is to let you know that we are working towards meeting your public records request of May 4, 2017. I will be happy to help in getting the information you are requesting.

As a threshold matter, your request was submitted as an "Immediate Disclosure" request pursuant to Section 67.25(s) of the San Francisco Sunshine Ordinance. In order for a request to qualify under this section, it must be a simple, routine or otherwise readily answerable request. For more extensive or demanding requests, the maximum deadlines for responding to a request apply. Admin. Code§ 67.25(a).

This request, because it is extensive, requires us to adhere to the time deadlines governing standard requests - an initial 10 Calendar day period for_ response, plus a possible extension of up to 14 additional days. Please know that I will do everything in my power to get your information to you as soon as is possible, and have already asked for all content owners to process this request immediately We are able to expedite the process somewhat by sending you a link to a private dropbox file. Please let me know if you are amenable to receiving your files via secure dropbox. If that is not acceptable, please let me know how you would like to receive your files.

You will receive your information on a rolling basis. as it is collected. Attached are summary excel files responsive to number 3 of your request, all email correspondence related to Jason Grant Garza from the period of April 11, 2017. I am currently loading the outlook files of all email accounts listed and will send you details as soon as they are reviewed.

We will respond to the entirety of your request as soon as possible with a due date of May 15, 2017.

Linda


CONFIDENTIALITY NOTICE: This e-mail is intended for the recipient only. If you receive this e-mail · in error, notify the sender and destroy the e-mail immediately. Disclosure of the PHI contained herein may subject the discloser to civil or criminal penalties under state and federal privacy laws.

2

P372

-----Original Message----From: Garcia, Barbara (DPH) Sent: Thursday, May 04, 2017 7:01 AM To: Jason Grant Garza <[email protected]> Cc: Acosta, Linda (DPH) <[email protected]>; Rykowski, Maggie (DPH) <[email protected]> Subject: Re: "IMMEDIATE DISCLOSURE REQUEST"

I have received your request.

Barbara Garcia

>On May 4, 2017, at 5:15 AM, Jason Grant Garza <[email protected]> wrote: > > > > 5/4/2017 > Barbara Garcia, Director > Faye De Guzman >Nancy Sarieh, PIO Officer > San Francisco Department of Public Health and Basil Price, Director of

· > Security Philip Katzenberger, Director HIS San Francisco General >Hospital > > >"IMMEDIATE DISCLOSURE REQUEST" > > > Please be sure to forward this to the Custodian of Records, department head or whoever is in charge for compliance per the regulation (Sunshine and others) for correct process. >Pursuant to all relevant provisions of the California Government Codes (Ralph M. Brown Act et al.) and the San Francisco Sunshine Ordinance, California Records Act, and the Federal FOIA Act - I would like to request a copy of the following: > > 1. All video and video policies regarding a 4/11/2017 incident at San Francisco General Hospital. I went to SFGH between 12 noon and 6p.m. with a letter from a doctor instructing EMERGENCY ADMITTANCE (Emergency Medicine. Code: R10.84). Please provide all video inside the Emergency Admittance Area (Where I was dealt with by Security and Hospital Staff), Directly Outside (Where I was asked to be seated). > > > 2. The "Triage Report" and "Medical Screening Report" as required by EMTALA. > > > 3. This request includes all paperwork sent, received, emailed or any other form of transmittal to all agencies involved. This request includes all paperwork sent, received, emailed or any other form of transmittal from all agencies involved. This request also includes all internal documentation generated by the "incident" concerning this matter also. > >

3 P373

> Please realize that per Sunshine Regulations ... you must be helpful in resolving and getting me what I specifically request. You MUST work with the requester to CLEARLY provide what is required. > >Thank You, >Jason Grant Garza > 1369 B. Hayes Street >San Francisco, CA 94117 > [email protected]

4 P374

Acosta, Linda (DPH)

From: Sent: To: Cc:

Ramirez, John (SHF) Thursday, May 04, 201711:45 AM Kondo, Eric {DPH) Price, Basil (DPH)

Subject: Fwd: J. Garza on campus

Here is info on the Garza incident.

Capt. J Ramirez Sent from mobile device


From: "Andrew, Brent (DPH)" <[email protected]> Date: April 12, 2017 at 16:43:28 PDT To: "Ramirez, John (SHF)" <[email protected]> Subject: RE: J. Garza on campus

'Thanks.

From: Ramirez, John (SHF} Sent: Wednesday, April 12, 2017 12:16 PM To: Andrew, Brent (DPH} <[email protected]> Subject: FW: J. Garza on campus

Brent,

FYI.

Here is copy of the e-mail Julie Haslam sent.

Be well,

Capt. J. Ramirez SPU/ ZSFGH-LHH 1 {415) 206-3476 Cell 1 (415} 850-5589

STRICTLY CONFIDENTIAL:

This message and any attachments are solely for the intended recipient and may contain confidential or privileged information. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in this message and any attachments is ·prohibited. If you have received this communication in error, please notify me by reply e-mail and immediately and permanently delete this message and any attachments. Thank you.

1

P375

-------------·--------------·~-~-~-

From: Haslam, Julie A. (DPH) Sent: Tuesday, April 11, 2017 4:20 PM To: Ramirez, John (SHF); Price, Basil (DPH); Schmidt, Jeffrey (DPH) Subject: J. Garza on campus







2

P376

Acosta, Linda (DPH)


Good Morning,

Schmidt, Jeffrey (DPH) Wednesday, April 12, 2017 6:28 AM Ehrlich, Susan (DPH);Boyo, Tosan (DPH);Williams, Troy (DPH)

Fw: J. Garza on campus

, .

Mr. Garza did not want to stop filming and stated that he would get his care somewhere else. Let me know if you have any questions/concerns. Jeff

Jeffrey A. Schmidt, RN MPH

Director, Clinical Operations

Zuckerberg San Francisco General

Hospital and Trauma Center

1001 Potrero Avenue Room

San Francisco, CA 94110

Phone: (415) 206-3525

ZuckerberqSanFranciscoGeneral.org

Follow us on Facebook

This e-mail is intended for the recipient only. If Protected Health Information (PHI) is contained in this email, unauthorized disclosure may subject the discloser to civil or criminal penalties under state and federal privacy laws. If you received this email in error, notify me and destroy the email immediately. ·

1

P377

From: Haslam, Julie A. (DPH)

Sent: Tuesday, April 11, 2017 4:19 PM To: Ramirez, John (SHF); Price, Basil (DPH); Schmidt, Jeffrey {DPH)

Subject: J. Garza on campus





ZUCKERBERG SAN FRANCISCO GENERAL Hospital and Trauma Canter


2 P378

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FALSE File 265 FALSE File 265 FALSE File 0 FALSE File 0

High TRUE Message ######## 22.387 FALSE File 0

High FALSE Message ######## 67.453 FALSE File 265

High TRUE Message ######## 35.488 FALSE File 265

Normal TRUE Message ######## 83.601 Normal FALSE Message ######## 39.88

FALSE File 265

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P386


CERTIFICATE OF NO RECORD

I the undersigned being the CUSTODIAN or the KEEPER OF RE San Francisco General, certify that a thorough search of our file direction and control, revealed NO MEDICAL RECORDS and Jason Garza for Date of Service April 11, 2017.

OROS for Zuckerberg carried out under my o EMTALA LOG on:

It is to be understood that this does not mean that records do not e ist under another name, another spelling or under another classification, but that with the information ·furnished our office and to the best of our knowledge, no such reco ds exist in our files. The patient was not seen on the requested dates as specified on t e request.

Executed on May 11, 2017, San Francisco, California.

Karen O'Donnell, RHIT

Zuckerberg Sun Francisco General 1001 Potrero Avenue 0 Suite 2B 1 ° San Francisco, CA 94110

Telephone (415) 206-1Y313°7ax (415) 206-8623

San Francisco Department of Public Health Barbara A. Garcia, M. P.A.


May 12, 2017


Director of Health

Regarding request seeking production ofrecords for "All video and video policies regarding a 4/11/2017 incident at San Francisco General Hospital. I went to SFGH between 12 noon and 6p.m. with a letter from a doctor instructing EMERGENCY ADMITTANCE (Emergency Medicine. Code: Rl 0.84). Please provide all video inside the Emergency Admittance Area (Where I was dealt with by Security and Hospital Staff), Directly Outside (Where I was asked to be seated)."



2. A thorough seatch of our files has been carried out under my direction.

3. Based on the information provided, video was .retrieved from April 11, 2017. The video was found to contain confidential information including images/faces/identifiers of other individuals seeking medical care. This information is confidential and protected under HIP AA and we are unable to release it.

I declare under penalty of perjury under the laws of the State of California that the foregoing is

tru~orr~ /. ~~ \.j' -- ~-t:i.-J 7

Signature Custodian of Records

!Avt.L.._ ,4-t: 'l)S f,.,._,

Printed

Date

Se£-a i=rh-1-e,;..r c o 1 c;fCity


101 Grove Street, Room 308, San Francisco, CA 94102 Phone: (415) 554-2526 Fax: (415) 554-2710 P388

Acosta, Linda (DPH)

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

Hello Mr. Garza,

DPH, PublicRecords (DPH) Wednesday, May 17, 2017 3:26 PM [email protected] DeGuzman, Faye (DPH) Sunshine request of 5-4-17 affidavit re video.pdf

Faye De Guzman let me know that you had some questions regarding why your request of "All.video and video

policies regarding a 4/11/2017 incident at San Francisco General Hospital" weren't released to you. As stated in the affidavit of May 12, 2017 (picked up by you on May 16); video was retrfeved from April 11, 2017. The video was found to contain confidential information including images/faces/identifiers of other individuals seeking medical care. This information is confidential and protected under HIPAA and we are unable to release it. I'm attaching another copy of the affidavit for your convenience.


Linda



1

P389

Acosta, Linda (DPH)


Attachments:

5/18/2017

Dear Ms. Acosta:

Jason Grant Garza <[email protected]>

Thursday, May 18, 2017 7:18 AM DPH, PublicRecords (DPH); Jason Grant Garza; SOTF, (BOS)

Re: Sunshine request of 5-4-17 and YOUR INCORRECT ASSERTIONS ... WHO

TRAINED????

affidavit re video.pdf


Please setup an appointment ASAP that I might come in, discuss, videotape and show you the INCORRECT policies, prior INCORRECT methodology REPEATEDLY used by SF DPH and you can show me SPECIFICALLY. where in HIPAA it does not A.LLOW for a patient to videotape his healthcare. You are conflating your incorrect PRIVACY opinion verses the LAW and its REQUIREMENTS.



We can discuss the false arrest at Tom Waddell where SECURITY (the sheriff lackey falsely charged me, perjured himself on his report) and we can discuss the DA piling on ... We can discuss going to COURT and I WINNING

·(remember the SAME FALSE BS charges ... Section 632, HIPAA, etc) ... We can discuss the (by design) FAILURES and NON CORRECTIONS, We can discuss IA ... its FAILURE and CONTINUATION, We can discuss the 12 Million dollar "MOU" for SECURITY by SF Sheriff to thwart Patient RIGHTS ... much to speak about!



1

P390


Sincerely,

Jason Grant Garza

settle2

From: "DPH, PublicRecords (DPH)" <[email protected]> To: "[email protected]"<[email protected]> Cc: "DeGuzman, Faye (DPH)" <[email protected]> Sent: Wednesday, May 17, 2017 3:26 PM Subject: Sunshine request of 5-4-17

Hello Mr. Garza,

Faye De Guzman let me know that you had some questions regarding why your request of "All video and video policies regarding a 4/11/2017 incident at San Francisco General Hospital" weren't released to you. As stated in the affidavit of May 12, 2017 (picked up by you on May 16), video was retrieved from April 11, 2017. The video was found to contain confidential information including images/faces/identifiers of other individuals seeking medical care. This information is confidential and protected under HIP AA and we are unable to release it. I'm attaching another copy of the affidavit for your convenience.


Linda

Linda Acosta Communications San Francisco Depaiiment of Puhl ic Health

2

P391

I 01 Grove Street, San Francisco, CA 94102 415.554.2928 I TWITTER

CONFIDENTIALITY NOTICE: This e-mail is intended for the recipient only. If you receive this e-mail in error, notify the sender and destroy the e.,mail immediately. Disclosure of the PHI contained herein may subject the discloser to civil or criminal penalties under state and federal privacy laws.

3

P392

Young, Victor

From: Acosta, Linda (DPH) Sent: Monday, May 22, 2017 10:51 AM To: Cc:

SOTF, (BOS); Chawla, Colleen (DPH); Garcia, Barbara (DPH); Price, Basil (DPH) Calvillo, Angela (BOS) ·

Subject: RE: SOTF - Additional. named Respondents for Complaint Filed with the Sunshine Ordinance Task Force - Complaint No. 17049 (Garza V. Public Health)

My understanding is that Mr. Katzenberger has retired. Let us know how you want to proceed.

Linda

Linda Acosta Communications San Francisco Department of Public Health 101 Grove Street, San Francisco, CA 94102 415.554.2928 I 1WITTER


From: SOTF, (BOS) Sent: Monday, May 22, 2017 10:45 AM To: Acosta, Linda (DPH) <[email protected]>; Chawla, Colleen (DPH) <[email protected]>; Garcia, Barbara (DPH) <[email protected]>; Price, Basil (DPH) <[email protected]> Cc: Calvillo, Angela (BOS) <[email protected]>

Subject: SOTF - Additional named Respondents for Complaint Filed with the Sunshine Ordinance Task Force - Complaint No. 17049 (Garza V. Public Health)

Good Morning:

Per the request of Mr. Garza (Complainant), Philip Katzenberger and Basil Price have been added as named respondents for Sunshine Ordinance Task Force Complaint No. 17049. Please inform Mr. Katzenberger of the complaint as I was unable to find an email address for Mr. Katzenberger.

Thank you.

File No. 17049: Complaint filed by Jason Grant Garza against Director Barbara Garcia, Philip Katzenberger and Basic Price, Department of Public Health, for allegedly violating Administrative Code (Sunshine Ordinance), Sections 67.25 and 67.34, by failing to respond to an Immediate Disclosure Request in a timely and/or complete manner.

Victor Young 415-554-7724 Administrator, Sunshine Ordinance Task Force

From: Jason Grant Garza [mailto:[email protected]] Sent: Saturday, May 20; 2017 6:36 AM

P393

Young, Victor

From: Sent: To:

Cc:

SOTF, (BOS) . Friday, June 09, 2017 11:14 AM 'Bob Planthold'; '[email protected]'; Pelham, Leeann (ETH); Blome, Jessica (ETH); 'Ray'; Calvillo, Angela (BOS); 'Jason Grant Garza'; Sarieh, Nancy (MYR); Acosta, Linda (DPH); Garcia, Barbara (DPH); Chawla, Colleen (DPH); Katzenberger, Philip (DPH); Price, Basil (DPH); 'Michael Gray'; Waaland, Kathryn (POL); Walton, Briseida (POL); Callahan, Micki (HRD); PublicRecords, OHR (HRD); Greene, Paul (HRD) Ng, Wilson (BOS); Calvillo, Angela (BOS)

Subject: SOTF - Notice of Hearing - Education, Outreach and Training Committee: June 20, 2017, 3:30 p.m.

Good Morning:

Notice is hereby given that the Education, Outreach and Training Committee of the Sunshine Ordinance 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.

Date: June 20, 2017


Time: 3:30 p.m.


Respondents/Departments: Pursuant to Section 67 .21 ( e) of the Ordinance, the custodian of records or a representative of your department, who can speak to the matter, is required at the meeting/hearing.

Complaints/Hearings:

File No. 17006: Hearing - Development of support and training for policy and advisory bodies regarding procedures for posting agendas and minutes and the disconnect between the clerks who generate agenda and the webmasters who post the agendas. · ·

File No. 17044: Complaint filed by Laura Clark against the Ethics Commission for allegedly violating Administrative Code (Sunshine Ordinance), Sections 67.7(d), by acting or conduction discussions on an item not appearing on the posted agenda (Ethics Commission April 24, 2017, meeting).

File No. 17048: Complaint filed by Ray Hartz against Angela Calvillo, Clerk of the Board of Supervisors, for allegedly violating Administrative Code (Sunshine Ordinance), Section 67.16, by failing to place a written summary of the public comment~ if no more than 150 words, in the minutes (March 14, 2017 and March 21, 2017).


P394

File No. 17060: Complaint filed by Michael Gray against the Police Department for allegedly violating Administrative Code (Sunshine Ordinance), Section 67.21, by failing to respond to a request for public records in a timely and/or complete manner.

File No. 17063: Complaint filed by Michael Gray against Micki Callahan and the Department of Human Resources for allegedly violating Administrative Code (Sunshine Ordinance), Section 67.21, by failing to respond to a request for public records in a timely and/or complete manner.


For a additonal 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, June 13, 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 I fax 415-554-5163 [email protected] I www.sfbos.org

• ll:t) Click here to complete a Board of Supervisors Customer Service Satisfaction form.


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 ta the Clerk's Office regarding pending legislation or hearings will be made available to all members of the publicfor 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~95

Young, Victor

From: Sent: To:

Cc:

SOTF, (BOS) Monday, July 17, 2017 3:54 PM Waaland, Kathryn (POL); Walton, Briseida (POL); 'Michael Gray'; 'Bill and Bob Clark'; Patterson, Kate (ART); DeCaigny, Tom (ART); '[email protected]'; Silva, Christine (CPC); lonin, Jonas (CPC); 'James Russel'; Brask, Anne (CPC); Rahaim, John (CPC); 'rwilson@chpsf.org'; 'Angela Greben'; Garcia, Barbara (DPH); Katzenberger, Philip (DPH); Price, Basil (DPH); Acosta, Linda (DPH); Sarieh, Nancy (MYR) Ng, Wilson (BOS); Calvillo, Angela (BOS)

Subject: SOTF - Notice of Hearing- Sunshine Ordinance Task Force -August 2, 2017, 4:00 PM SOTF - Complaint Procedure 2014-11-05.pdf Attachments:

Good Afternoon,

You are receiving this notice because you are named as a Complainant or Respondent in one of the following complaints scheduled before the Sunshine Ordinance Task Force to: 1) hear the merits of the complaint; 2) issue a determination; and/or 3) consider referrals from a Task Force Committee.

Date: August 2, 2017


Time: 4:00 p.m.


Respondents/Departments: Pursuant to Section 67.21 (e) of the Ordinance, the custodian of records or a representative of your department, who can speak to the matter, is required at the meeting/hearing.

Complaints - · File No. 17060: Complaint filed by Michael Gray against the Police Department for allegedly violating Administrative Code (Sunshine Ordinance), Section 67.21, by failing to respond to a request for public records in a timely and/or complete manner.

Request for Reconsideration of Complaint File No. 17009: Complaint filed by William Clark against Tom DeCaigny and the Arts Commission, for allegedly violating Administrative Code (Sunshine Ordinance), Sections 67 .5 and 67. 7, by failing to comply with regulations for policy bodies and post agendas for the Community Working Group of the Arts Commission.

(On June 8, 2017, Mr. Clark (Petitioner) requested reconsideration of the Order of Determination due to alleged new evid~nce that the Community Working Group is a policy body and not a passive meeting body. If the Task Force determines that the complaint should be reconsidered a hearing on the merits of the new information will be scheduled on a future date.)

File No. 17027: Complaint filed by Anonymous against Anne Brask, Christine Silva, John Rahaim and the

Planning Department for allegedly violating Administrative Code (Sunshine Ordinance), Sections 67 .21 and 67.25, by failure to respond to an Immediate Disclosure Request in a timely and/or complete

manner.

PB96

File No. 17072: Complaint filed by Marvin Lambert against the Historic Preservation Commission for allegedly violating Administrative Code (Sunshine Ordinance), Section 67 .16, by failing to make draft minutes of each meeting available for inspection and copying upon request no later than ten working day after the meeting (June 7, 2017, meeting).

(The appearance of the parties at the hearing was waived as the parties agreed that a violation occurred.)

SPECIAL ORDER The hearings on File Nos. 17048 and 17049 will not begin earlier than 5:30 p.m.

File No. 17048: Complaint filed by Ray Hartz against Angela Calvillo, Clerk of the Board of Supervisors, for allegedly violating Administrative Code (Sunshine Ordinance), Sections 67 .16 and 67 .34, by willfully failing to place a written summary of the public comment, if no more than 150 words, into the body of the minutes (March 14, ·2017, and March 21, 2017, meetings).



For a document to be considered, it must be received at least five (5) working days before the hearing (see attached Public Complaint Procedure).

For inclusion in the agenda packet, supplemental/supporting documents must be received by 5:00 pm, July 26, 2017.


II lff) Click here to complete a Board of Supervisors Customer Service Satisfaction form.


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.

pg97