Tag Archives: Bylaws

United DTLA Conspiracy: How DLANC Board Members Dan Curnow And Jacob Douglas Van Horn Violated The Brown Act In March 2017

Background: You can read my previous stories on the Skid Row Neighborhood Council formation effort and also see Jason McGahan’s article in the Weekly and Gale Holland’s article in the Times for more mainstream perspectives.

A few days ago I published a story on how the massive release of emails from the Downtown Center BID revealed massive, egregious Brown Act violations by the Central City East Association Board of Directors. The issue is that the Brown Act explicitly1 forbids a majority of a Board from using “…a series of communications of any kind, directly or through intermediaries, to discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the legislative body.”

There were also six members of the DLANC Board in on the conspiracy:

According to an extremely useful guide prepared by then-City-Attorney Rockard Delgadillo, in the context of the Brown Act a majority means a majority of a quorum. That is, the minimum number of members that can actually act on a motion. The DLANC has a 24 member board, and a quorum is 13. Hence these six members using email “…to discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of…” DLANC is not a violation; a violation would require seven members to have been in on the discussion.

However, the Brown Act also applies to standing committees of bodies which are subject to its requirements. In particular, consider DLANC’s Livability Committee. That this is a standing committee is stated explicitly in DLANC’s bylaws2 Also, in March 2017 the members of the Livability Committee were none other than Dan Curnow, Jacob Douglas Van Horn, and Jacki Breger. For instance, take a look at the minutes from March 16, 2017.
Continue reading United DTLA Conspiracy: How DLANC Board Members Dan Curnow And Jacob Douglas Van Horn Violated The Brown Act In March 2017

Share

Estela Lopez Is Off The DLANC Board Of Directors!

As much as I’d like to be able to take credit for this stunning development, I think it’s probably unrelated to my work. Or at least it’s not provably related. Anyway, here’s what happened. Estela Lopez missed the DLANC board meetings in July, August, and September. According to the bylaws:1

Any Board Member who misses three (3) consecutive regularly scheduled DLANC Board meetings or four (4) total Board meetings during any twelve (12) month period will be automatically removed from the Board. Each DLANC Director’s absence shall be recorded in the DLANC’s meeting minutes or other manner of Board record keeping, and that, upon missing the specified number of Board meetings for removal, the President shall notify the Board Director, copy the Board, and announce at the next regular Board meeting that their seat has been declared vacant.

Of course, President-for-life Patti Berman is not a rule-follower, but for whatever reason she seems to be following this one. Check the agenda for tomorrow’s meeting of the Board of Directors. Estela Lopez is not on the roster. Presumably PFL Patti will announce the vacancy tomorrow night as specified in item 1.

So that’s two down, four to go. Turn the page for links to the relevant sets of minutes.
Continue reading Estela Lopez Is Off The DLANC Board Of Directors!

Share

Fashion District BID Bylaws From 2003 Anticipate Los Angeles City Attorney Advising BID On Their Brown Act Obligations, Suggesting That Holly Wolcott’s Stance Against Requiring BIDs To Follow The Law Is A Recent Development

I’ve been collecting copies of bylaws from the property owners’ associations that run BIDs for a while now, and some interesting stuff has turned up. Most egregiously we have the cases of Brown Act violations actually written into the bylaws of the Larchmont Village BID and essentially the same problem with the Melrose Avenue BID. Well, the other day, Rena Leddy, executive directrix of the Fashion District BID, was kind enough to send me a copy of her BID’s bylaws, last amended in 2003, and very interesting they are, indeed!

For one thing, these bylaws reveal that, unlike every other BID that I know of, the property owners in the Fashion District elect their Board of Directors by direct weighted vote.1 Most BIDs seem to be run by self-perpetuating boards, in which the directors choose their successors without any input from anyone else. This is interesting, and may save the FDBID from the kind of stagnation and undue staff influence that one finds in so many of our local BIDs.2

Most interesting, though, are the two places in these bylaws where it appears that the BID didn’t know whether or not their rules would violate the Brown Act, so they wrote language stating that the rules only applied pending determinations of their legality by the City Attorney of Los Angeles. This contradicts the stance currently taken by City Clerk Holly Wolcott, who insists that BIDs are beyond the City’s power to control due to their status as private corporations. She refuses even to tell BIDs to perform explicit requirements of their contract. How strange, then, to see evidence that in 2003 the City Attorney of Los Angeles was making decisions about whether or not the Fashion District BID’s bylaws were Brown-Act-compliant.
Continue reading Fashion District BID Bylaws From 2003 Anticipate Los Angeles City Attorney Advising BID On Their Brown Act Obligations, Suggesting That Holly Wolcott’s Stance Against Requiring BIDs To Follow The Law Is A Recent Development

Share

Hundreds Of Emails Between Melrose BID And The City Of LA Include (1) Definitive Proof That Executive Director Don Duckworth Violated The Municipal Lobbying Ordinance In 2013 But Unfortunately The Statute Of Limitations Has Effectively Run And (2) More Brown-Act-Violating Bylaws That No One At The Clerk’s Office, For Shame, Seems To Have Even Noticed

Donald Duckworth, who runs both the Westchester Town Center BID and the Melrose BID, is slow but, it seems, pretty steady about fulfilling my incessant CPRA requests. And thus, just yesterday I received from him four jumbo-sized mbox files just chock-full of gooey email goodness! This batch comprises 2016 emails between the City of LA and the Melrose BID, and can be found in various useful formats here on Archive.Org.

I will be writing about various items in this document dump soon enough,1 but today I just want to focus on a couple of interesting items, supplied to me as attachments to some of these emails and cleaned up a little for ease of reading.2 Here’s the short version, and you can find details and the usual ranting mockery after the break:

  • Melrose BID Formation Project Hourly Charge Breakdown — Don Duckworth not only runs the Melrose BID, he was also the consultant who oversaw its establishment, for which he seems to have been paid $80,000 by the City. This is a detailed breakdown of his hours and charges over the course of the project formation. If you’ve been following my ongoing project, aimed at turning in BID consultants for not registering as lobbyists,3 you’ll recognize how astonishing and how important this document is. Unfortunately Don Duckworth’s work on this project wound down in the Summer of 2013, which means that the four year statute of limitations for violations of the Municipal Lobbying Ordinance has essentially run out. The document will be endlessly useful, though, in estimating time spent by consultants on their other projects.
  • Melrose Business Improvement Association bylaws — The Melrose Business Improvement Association is the property owners’ association that administers the Melrose BID. These are their bylaws. I discovered recently that the freaking Larchmont Village BID had bylaws that directly contradicted the Brown Act. Now it turns out that the Melrose BID has precisely the same problem. It’s possible that Larchmont Village changed their ways, but so far, anyway, there’s no reason to suspect that Melrose has done.

Continue reading Hundreds Of Emails Between Melrose BID And The City Of LA Include (1) Definitive Proof That Executive Director Don Duckworth Violated The Municipal Lobbying Ordinance In 2013 But Unfortunately The Statute Of Limitations Has Effectively Run And (2) More Brown-Act-Violating Bylaws That No One At The Clerk’s Office, For Shame, Seems To Have Even Noticed

Share

Saturday Morning Document Dump! Skid Row Neighborhood Council Conspiracy, Beaucoup De Bylaws, Form 990s Galore, Emails, Emails, Emails, And More, More, More! Larchmont Village, Fashion District, Figueroa Corridor, North Hollywood!

So much new material to announce!

  • Emails from Fashion District BID about Skid Row Neighborhood Council — This is clearly the most important item I have to announce today so I’m putting it first. If you’re interested at all in how the Downtown zillionaire elite crushed the SRNC formation effort you’ll want to read this stuff. There is what appears to be new evidence about the identities of the people behind the infamous United Downtown LA front group that hired Rocky Delgadillo to write a demand letter to City Council over the SRNC, although there’s still no smoking gun. I will be writing more about this material, but it may take a few days, and I wanted to get it before you as quickly as possible.
  • Figueroa Corridor BID emails — Between the BID and the City of LA, also USC, also Securitas. Various time ranges.
  • North Hollywood BID emails — City of LA and their security provider. Various date ranges.
  • Figueroa Corridor BID tax forms — From 2013 through 2015. It’s interesting to learn here that the Figueroa Corridor BID has been “IN THE PROCESS OF DEVELOPING A CONFLICT OF INTEREST POLICY, WHISTLEBLOWER POLICY, AND DOCUMENT RETENTION AND DESTRUCTION POLICY.” at least since 2013, with no sign of actually producing anything. Ah, sigh.
  • North Hollywood BID tax forms — From 2013 through 2015. It’s interesting to learn here that this BID and the Figueroa Corridor BID, both of which are administered by our old friends at Urban Place Consulting, turns in copypasta from the FCBID on their tax forms. Just for instance, they too have been “IN THE PROCESS OF DEVELOPING A CONFLICT OF INTEREST POLICY, WHISTLEBLOWER POLICY, AND DOCUMENT RETENTION AND DESTRUCTION POLICY.” at least since 2013, with no sign of actually producing anything.

And turn the page for beaucoup de bylaws and some interesting preliminary material on the privatization of public space in the San Fernando Valley. Most interestingly, there is a very rare appearance of some new material from the outlaw stronghold known to the world as the Larchmont Village BID!
Continue reading Saturday Morning Document Dump! Skid Row Neighborhood Council Conspiracy, Beaucoup De Bylaws, Form 990s Galore, Emails, Emails, Emails, And More, More, More! Larchmont Village, Fashion District, Figueroa Corridor, North Hollywood!

Share