$1400 for 'Sanitized' FBI File on Peter Seeger?

After legendary folk singer and leftist political peacenik Pete Seeger died in in 2014, I filed a FOIA request for his FBI file and it was routed through the National Archives and Records Administration. It was projected that federal review of Seeger's file would take 24 months before some of the records might be released.

This week, NARA contacted me to say a "sanitized copy" of several thousand pages was available for public inspection at no-cost at their facility in Maryland or a disc of those records, for a few, could be mailed to me.

I replied asking for an estimate of the fee, since I was across the country and unable to visit Maryland, and received this info:

(Click to enlarge.)

Rather than pay $1,400 to view this sanitized version of Seeger's FBI file, I'm pushing NARA to make it available online for the great number of people who are interested in reading any documents the government kept on Seeger.

Let's hope NARA does the right thing and publishes whatever it has ready for public inspection on Seeger to the web, by the end of January if not sooner. Here's the entirety of the response yesterday:

Dear Mr. Petrelis,

I just wanted to give you an update on your FOIA request RD 42423 for FBI Headquarters case file 100-HQ-200845 on Pete Seeger. We are currently awaiting instructions from other government agencies regarding their release determinations pertaining to classified documents found in the file. We cannot proceed further with processing until we receive these responses. Unfortunately, whenever we are in a "consultation" phase of our FOIA processing, we are at the mercy of outside agency queues and timetables. I would love to give you an estimate as to when we will hear back from the agencies, but the truth is there is just no way to tell. As soon as we receive all agency responses, we will release as much as we can based on agency guidance and finish our processing of your FOIA request.

Until that time, we have a sanitized copy of file 100-HQ-200845 with all classified documents withdrawn that is available for free if you or a designated representative visit our facility at College Park, Maryland. If you plan to visit, please notify me at either mark.murphy@nara.gov or at (301) 837-1999 at least a week in advance of your arrival. If I do not acknowledge your notification of arrival within 48 hours, then contact our office at either specialaccess_foia@nara.gov or at (301) 837-3190. A digital copy of the file will be loaned to you on DVD in our 4th floor research room (room 4000) where you will have the option to either burn a copy to your own DVD, download a copy to a flash drive, upload a copy as an attachment to an e-mail, or download a copy to your laptop if it has a CD/DVD-ROM drive.

There is also the option of having us mail you an electronic copy on CD or DVD, but standard reproduction charges will apply and you will be charged $0.80 per page. The 2,500 pages initially cited to you was a good faith estimate based on the maximum number of pages designated to be in one of our standard record center boxes. The actual page count is 1,761 pages. If you would like to receive a copy of the file in the mail, just contact me, and I will send you an official price quote for reproductions.

At some point in 2016, we plan to have a copy of the current version of file 100-HQ-200845 made available to view for free on the internet. I do not have an estimated time when it will be placed online as there is a backlog of digital files waiting to be uploaded to our servers. In the future after we receive all agency consultation responses, which will presumably allow us to release more information, an updated final version of 100-HQ-200845 will replace the obsolete one online.

A line-by-line review was completed of file 100-HQ-200845 and information exempted from disclosure under the terms of the Freedom of Information Act (5 USC 552) has been redacted. For your information, 321 pages have been sanitized and 92 pages have been withdrawn in full. The redactions have been applied under the following exemptions and reasons:

(b)(1)-To prevent the disclosure of classified information

(b)(3)-To prevent disclosure of information exempted by statute; the specific statutes for this case are 50 USC 3024(i)(1)/50 USC 403-1(i)(1) which protect intelligence sources and methods.

(b)(6) and (b)(7)(C)-To prevent an unwarranted invasion of personal privacy

(b)(7)(D)-To prevent the disclosure of the identity of a confidential source or informant

(b)(7)(E)-To protect techniques and procedures for law enforcement investigations

You have the right to appeal our decision to restrict access, either in whole or in part, to any document over which this agency has release authority within 60 calendar days of receipt of this e-mail. Your appeal can either be submitted in writing and addressed to the Deputy Archivist of the United States, National Archives and Records Administration, 8601 Adelphi Road, Room 4200, College Park, MD 20740-6001, or sent by e-mail to foia@nara.gov.  Depending on how your appeal is filed, please cite case number RD 42423 and “Freedom of Information Act Appeal” on either the envelope or in the subject line of the e-mail.

Feel free to contact me if you have any questions pertaining to the processing of your FOIA request. You will hear from us again once we receive all agency returns and complete the processing of your case.

Sincerely,

Mark Murphy

Special Access/FOIA Staff

National Archives and Records Administration

Is Walgreens Violating SF's Anti Tobacco Law?

I've reached out to Barbara Garcia, chief of the City health department, with this request for an investigation and expect a response before the week is over:

Dear Barbara Garcia,

There is a potential violation of San Francisco's law banning the sale of tobacco products at pharmacies that I wish to report for investigation.

The Walgreens pharmacy inside the Westfield Mall on Market Street is selling cigarettes. I'm attaching a photo snapped over the weekend at the pharmacy, showing a sales associate at cash register and behind him are packs of smokes for sale.

My interpretation of the law, http://2gahjr48mok145j3z438sknv.wpengine.netdna-cdn.com/wp-content/uploads/SF-Health-Code-Article-19J-Sec-1009.92-2008.pdf, is that this Walgreens outlet is non-compliant with the statute.

Questions must also be asked if the anti tobacco law is being violated not just by the leasee, Walgreens, but also by the landlord of the property, the Westfield Corporation.

If your department finds the pharmacy in violation, should you also pin the violation on the mall owners?

Please task your tobacco abatement program staff to look into this and communicate their findings with me.

I'm copying folks at both firms on this request for a health department investigation.

Best,

Michael

SF Top Cop Suhr to Post His Calendar Online?

My recent public records request to police chief Greg Suhr for several months of his calendars produced responsive files that shed light on how our top cop earns his salary.

At the December 2 police commission meeting, I urged the president Suzy Loftus to direct Suhr to make his calendar available on the web. Paper copies of the calendars I obtained were handed to Loftus. She needs to weigh in on this issue.

I followed up this week and emailed my plea to Suhr to get his calendar up on the SFPD site and received this reply today:

He's not putting his calendar online. In response, I asked why the chief was keeping his calendar offline and what factors went into his decision. It's not satisfactory for the chief to make a one-sentence denial of my request. Suhr would give taxpayers and voters a much-need ray of govt sunshine if he took the step of sharing his calendar online.

Another police accountability concern of mine is the lack of a coherent and fair social media policy, especially regarding circulating mugshots of arrested suspects or, as in the Hot Cop of the Castro hit-and-run scandal where the SFPD withheld Chris Kohr's mugshot.

This Wednesday, December 9, starting at 5:30 pm, the police commission will meet at City Hall and among the important items on the agenda is a status update on social media policy for the department.

A crucial matter is learning from the SFPD exactly how many platforms or programs - Facebook, Twitter, Instagram, Flickr, YouTube, Pinterest, etc - the public affairs office or other divisions maintain, the named personnel responsible for each platform and behind every Twitter account, and how SFPD output is archived.

The meeting will also delve further into the killing last week of Mario Woods by SFPD officers, the use of tasers and de-escalation tactics. It's going to be a long and hopefully productive meeting.

SFPD Pizza Pickup; Uppity Biker Questions Cop Privilege

On two occasions in recent days, I've seen members of the San Francisco police force exhibiting signs of arrogant first responder privilege.

This is when cops don't care about where they park their squad cars, either when answering a call at the main library of stabbing in the men's room or picking up a pizza, or use their sound-system to order a civilian to get out of the street even if they're not blocking traffic.

As you see in my video from November 30th at the library's entrance on Grove near Market Street, and the footage from December 4th shot in front of the Pizza Zone on Valencia near Duboce Street, SFPD cops blocked vehicular traffic or a bike lane.

In both videos, you'll hear me getting uppity and questioning cop privilege on display from the officers.

If you've got a camera, use it to film SFPD personnel on the streets and do your part to monitor their service to the public, and be sure to share your videos on the web. It will do much to hold the department accountable and we all know there needs to be a whole lot more accountability of cops in this town.

 

Sup. Breed Helped City Hall Lobbyist Get New Job

Thanks to a recent public records request I filed with staunch anti-open government practitioner Sup. London Breed, the president of the Board of Supervisors, I've learned she aided a lobbyist get hired for a new job.

In January 2014, lobbyist Alex Clemens of the Barbary Coast Consulting firm emailed Breed saying, "if you've got any suggestions for who our next teammate(s) should be, I'd love to hear them."

Breed recommended a woman named Rosie Dilger and since Clemens didn't have her addy, Breed shared it with him.

The president of the Board hoped it all worked out well for Clemens and Dilger, and her words must have carried much weight because Dilger got the lobbyist job. According to the consulting firm's web site, Dilger is a member of their team.

Does anyone know if this is all ethical, having a consultant ask a Supervisor whom to hire and that the recommended person eventually gets the lobbying position? 

Even if this all passes the smell test and violates no laws, it's still very important to show how cozy Breed is with the Barbary Coast Consulting team.

NYPD Needs 90-Days to Release Chief Bratton's Calendar?

My Freedom of Information Law friends in New York City have warned me that the NY Police Department is notorious for doing all it can to thwart and hinder requests for public records, starting with keeping all important correspondence with requesters on paper. Yep, the NYPD doesn't do transparency via the web and email.

In late November, I filed a FOIL request for a copy in electronic format of Police Commissioner William Bratton's calendar from January through October.

A snail-mail reply arrived today informing me that "[b]efore a determination can be rendered, further review is necessary to assess the potential applicability of exemptions set forth in FOIL, and whether the records can be located. I estimate that this review will be completed, and a determination issued, within ninety business days of this letter."

We'll see if the NYPD needs that much time to figure out if Bratton's calendar can be located!

While waiting for the next move by the police, be sure to read an excellent investigation into former NYPD boss Ray Kelly's calendar from New York Daily News reporters Rocco Parascandola and Larry McShane, that appeared on Nov. 20th.

These intrepid reporters obtained hundreds of pages of Kelly's calendar and all police accountability should laud such govt watchdogging. There simply is not enough scrutiny of calendars of big city police chiefs.

File a public records request today for your police department chief's calendar and write about the process and what's on the calendar, in order to increase accountability.

Here's the paper letter from the NYPD:

SF Police Commission: Social Media Rules Debate is When?

In early November, I went to the San Francisco Police Commission, which is a nominally independent body providing very weak oversight of the police department's personnel and policies.

My issue was the lack of a written social media policy and the willy-nilly posting of mugshots on Twitter and other sites.

I provided commission president Suzy Loftus, pictured, with a printout of my exchanges with SFPD public affairs officer Albie Esparza, that were posted here.

This past Wednesday, December 2, I attend the commission meeting at City Hall to again complain about capricious mugshot rules and the failure of Esparza and the department to web-post the mugshot of Chris Kohrs. He's the "Hot Cop of the Castro" arrested over the weekend for a hit-and-run accident in North Beach.

When Loftus asked other commissioners for future agenda items, one colleague asked that they address social media policies and Loftus asked the commission secretary to follow up on this matter, according to the closed-caption notes.

It says a lot about the inadequate and discretionary ways only certain arrestees have their mugshots made public on the web, that the SF police commission may get around to creating fair and equitable social media rules in 2016.

Why have the commissioners allowed the department to operate without such rules already in place and how long will it take for the rules to be developed and implemented?

Silence & Laughter Reign at 'Mummenschanz' in Berkeley

At the opening moments of two enormous puppet hands parting the heavy curtain of UC Berkeley's Zellerbach Hall at Sunday's performance of the Mummenschanz troupe, all audience members regardless of age were silent.

Soon enough, laughter broke out as the hands greeted each other and ninety-minutes of pure enjoyment began.

With no bright lights or sounds or electronic gizmos, I was amazed at how rapt the hundreds of children were as they watched the show.

No cries of "What's happening?" were heard from the kids. The loudest sounds were giggles of delight or applause.

Using foam rubber, plastic tubing, colored toilet paper, large pieces of billowing, pliable fabrics and a whole lot of imagination, the Mummenschanz performers made great use of the stage. Much of the troupe's presentation dazzled the eye. No need for narratives driving the many vignettes.

During several sketches, the jumpiness and anticipation of some children standing on their seats waiting for what came next, was palpable.

Mummenschanze was in Berkeley for only three performances and Mike and I feel sorry for folks who missed the shows, and have to wait for the company to return to the Bay Area to enjoy their wonderful creativity.

After the show, I ran into a friend from ACT UP/New York during the plague years, G'Dali Braverman and his mother. Mike and I spoke with them for a few minutes, about how we all adored the show.

G'Dali's two children were running around the Cal campus plaza and were soon collected by poppa and grandma, for the trip back to San Francisco.

What more could we ask for then a terrific time watching Mummenschanz live, then seeing a pal at the end?

Dramatic Arrest of Threatening SF Man With a Gun

As the Twitter clock at Market and 10th Streets hit 3:55 pm on Wednesday, December 2, a swarm of San Francisco Police Department officers descended on a man who had threatened a stranger with a gun allegedly in his backpack, and I was there.

I began filming a few moments after the cops had removed the backpack and pinned the suspect down to the street pavement. The man who'd been threatened walked up beside me and began explaining how he flagged down a passing cop car and told the police he'd just been harassed.

Let's all be grateful no one was harmed or killed in this situation and I salute the officers for performing their duties with all the rapid response it required.

Is it just me or is there more first responder activity happening along Market Street and other areas of the City?

SFFD Deputy Blocks Muni Stop & Complaint is Filed

[UPDATE: Chief Hayes-White sent word this afternoon of the action she's taken: "I received your email complaint regarding a Department vehicle and have assigned Deputy Chief Gonzales to investigate the matter." Let's see how this investigation unfolds.]

Here is what I sent off today to San Francisco Fire Department Chief Joanne Hayes-White, followed by the video I shot yesterday.

The behavior of the SFFD deputy, and that of so many other public safety employees in such instances, where they ignore simple rules all in the alleged pursuit of protecting ordinary citizens, led me to coin a new phrase and social problem: first responder privilege.

When a potential crisis or attack or fire or deadly accident or altercation occurs, and the cops or firefighters swing into action, under their rules of first responder privilege, they go into hyper-activity and flout a few rules.

Yes, there are many occasions when the last thing first responders should worry about is where to park and they are employed to deal with crises, but those are no reasons why the public should avoid scrutinizing first responder operations.

My note to the SFFD:

I wish to lodge a complaint against one of your deputies for needless creating a traffic hazard for Muni passengers, in an incident caught on tape which I've posted on Vimeo.

Yesterday, December 1, at around 12:40 pm at the hectic SF MTA bus stop located at Van Ness and Market Streets, your deputy in an SFFD vehicle pulled up behind an idling Muni bus and then prevented a second bus from pulling over to the curb.

The name of your deputy is not known but the licence plate number of 1437933, clearly visible in the tape, must be used to check SFFD records to see who was driving that City vehicle on Tuesday.

As you can see in my video, there is no fire or public safety emergency in the immediate vicinity and none of us waiting Muni riders understood what the heck your deputy was doing with his disruption. 

Questions in need of addressing are who was the deputy creating an unnecessary problem for Muni drivers and passengers, why did he idle between two buses, why were his emergency lights flashing when there was no obvious emergency and is this proper behavior of a member of your staff?

I will attend the December 3 fire commission meeting to raise my concerns about the incident and to ask the commissioners to also request an investigation into this matter. This complaint letter is being shared with commission secretary Maureen Conefrey and I request that she share this with all of the commissioners.