Tag Archives: 837 PC

California Government Code Section 1222 Is A New (To Us) Governmental Integrity Law Of Which Chad Molnar’s CPRA Shenanigans Constitute A Violation, Making Him Not Only Unethical But An Actual Criminal And Potentially Even Subject To Citizen’s Arrest!!

Chad Molnar in June 2016, just smiling away because it hasn't yet occurred to him that he is going to jail.
Chad Molnar in June 2016, just smiling away because it hasn’t yet occurred to him that he is going to jail.
Perhaps you’ve been following along with our LAMC 49.5.5(A) project, in which we turn various City officials and employees in to the LA City Ethics Commission for violating that most lovely government accountability ordinance, LAMC 49.5.5(A) by misusing their positions in various ways. Well, just recently, via the fine folks at the Coalition to Preserve L.A., I learned of a possibly even more funner law, which may allow City employees not only to get fined by the CEC for violating CPRA, but actually locked up for it! Ladies and gentlemen, loyal MK.Org readers, may I present to you the stunning law known to the world as California Government Code Section 1222, which states in full:

Every wilful omission to perform any duty enjoined by law upon any public officer, or person holding any public trust or employment, where no special provision is made for the punishment of such delinquency, is punishable as a misdemeanor.

The potential here is astounding. You see, there is “no special provision…made for the punishment of” a failure to comply with CPRA. This is in contrast to, e.g., the Brown Act, which does contain a clause making certain kinds of violations misdemeanors.1 However, the duty to comply with CPRA is “enjoined by law upon” public officers. For instance, the California Constitution at Article I, section 3(b) states pretty unequivocally that:

In order to ensure public access to the meetings of public bodies and the writings of public officials and agencies, as specified in paragraph (1), each local agency is hereby required to comply with the California Public Records Act …

Now, this law requires2 that the failure to act be wilful. But, of course, that’s where we have Chad Molnar dead to rights. If you didn’t read the whole story, you can at least read the smoking gun, in which Chad Molnar actually states explicitly that he’s not going to comply with CPRA and that he doesn’t think he has to comply. And note that this is not just him not complying with some vague part of the law, proof of violation of which would require a fact-finder, but him not complying with objectively clear, explicitly mandated, response deadlines. He just flat-out says he’s not going to respond as required. It’s hard to imagine a more wilful violation than that.

So anyway, as soon as possible, I hope this weekend, I’m going to write up a complaint and figure out what to do with it. Perhaps I’ll try the neighborhood prosecutor in Venice. They do handle misdemeanors, after all. This probably won’t work so well, and then I’ll send it to Jackie Lacey’s Public Integrity Division. I’ll keep you up-to-date. And if you’re still interested, turn the page for even more wildly uninformed speculation.3
Continue reading California Government Code Section 1222 Is A New (To Us) Governmental Integrity Law Of Which Chad Molnar’s CPRA Shenanigans Constitute A Violation, Making Him Not Only Unethical But An Actual Criminal And Potentially Even Subject To Citizen’s Arrest!!

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Evidently CD11 Staff Is Telling Concerned Constituents That BID Patrol Security Guards Cannot Touch People At All. That They Cannot Do Anything That You Or I Could Not Do. The Second Claim Unfortunately Is True. The First Is False. We Have Proof.

One of over three hundred people arrested, shackled, and physically transported by the Hollywood BID Patrol in 2015.
One of over three hundred people arrested, shackled, and physically transported by the Hollywood BID Patrol in 2015.
According to a recent post on Facebook, Mike Bonin’s Venice Field Deputy Taylor Bazley is telling concerned constituents that1 they [the BID Patrol] cannot touch people at all. He said “They can not do anything that you or I could not do. They just alert police. That’s all.”

The second claim, that BID security cannot do anything that any private person can’t do, is true, but it doesn’t make the point that Taylor Bazley wants it to make. California has one of the most weirdly expansive citizens’ arrest statutes (PC 837 et seq.) in the known universe. A lawyer of my acquaintance once said2 that it essentially authorizes fricking Batman. So actually, you yourself can physically restrain people with handcuffs if they e.g. sit on the sidewalk in your presence.3

Sorry, Taylor.  You're cute, but you're wrong.
Sorry, Taylor. You’re cute, but you’re wrong.

But Taylor Bazley’s attributed claim that BID security can’t arrest people is just wrong. The Hollywood BID Patrol, run by Andrews International Security, has made physical custodial arrests of far more than 10,000 people since they began their work here in 2007. In 2013 they made more than 1% of the arrests in the entire City of Los Angeles. You can watch videos of their arrests, read arrest reports and daily logs, and even look at photos of the people they’ve arrested:
Continue reading Evidently CD11 Staff Is Telling Concerned Constituents That BID Patrol Security Guards Cannot Touch People At All. That They Cannot Do Anything That You Or I Could Not Do. The Second Claim Unfortunately Is True. The First Is False. We Have Proof.

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