Spilling It

Constant Readers,

Yesterday, the Examiner ran an article entitled "Mayor's messaging after oil spill 'private'" in which it was reported that the Mistermayor said iDontcare to a request to disclose information about messages and calls he sent and received whilst on vacay in Hawaii the day after the Cosco Busan oil spill. According to the article, the reason Mistermayor will not give the info is because he used his personal iPhone to make the communications.  Said Mistermayor: "I did reach out and was connected to people and used my own resources, my own money to pay for that communication...[a]nd the only question is: why didn’t I submit a reimbursement?" (I can just see him high-fiving someone after that statement.)

Actually, Sir, that is not even a relevant question. And while I personally don't give a flyin' fart about the content or frequency of those messages, the notion that the Mayor of San Francisco (or any public official) can get out from under our Sunshine Law, Brown Act AND Public Records Act by simply using his own device struck me as odd. If the label of "private" attached so easily, all of the City's Supervisors would be at the Apple store right now.

So, last night I started digging around (between episodes of Flavor of Love 3) and found that the California Public Records Act defines a "public record" as any "writing containing information relating to the conduct of the public's business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics." (Cal. Gov't Code sec. 6252(e).) Because "public business" was being conducted, it looks like we have a public record.

Then in the San Francisco Sunshine Act, it defines "public information" as "the content of 'public records' as defined in the California Public Records Act (Government Code Section 6252), whether provided in documentary form or in an oral communication." (SF Admin. Code sec. 67.20(6).) Soooo...public information? Check.

And while there are tons of exceptions to the applicable sunshine laws (for medical records, social security numbers, etc.) I could not find one for "using your own doohicky."

Reportedly, Mistermayor gets bitchy when asked about the phone records, claiming the defense of "dignity as a human being." (Poor guy! Can't we just leave him alone to frolic in Hawaii?) And while there is no legal exception for dignity, I'll give him that point.  However, he is the one who claimed to be in "constant communication" with his top aides while in Hawaii. In other words, he told us he was continuing to conduct public business and not abandoning the City in a time of need. And he should have known better than to use his personal iPhone to conduct that business. Mistermayor seems to want to have this both ways.

iDontthinkso.

--Melissa

Comments

[el Greco]

I wasn't going to say anything, but I can't keep it a secret any longer. I know who the Mayor was talking with on his iPhone. Kristen. Yeah, that Kristen.

Sorry, Gav, my sense of public duty required me to spill the beans.

[SFCitizen]

"iDontcare"!

"own doohicky"!

I'm laughing.

This would seem to be an issue that will come up in the future with others who labor in public service. Maybe the AG's office has written an opinion or something. Just guessing.

There's plenty to argue about here. You make a strong case.

[vansmack]

Once he gets married again, he'll get two phones.

One for the wife, and one for the girlfriend.