Tag Archives: California Public Records Act

It Seems That Piratical Swashbuckling Downtown Real Estate Vigilante Jacob Douglas Van Horn Supplied Anti-Skid-Row-Neighborhood-Council Conspirators With Patti Berman’s Copy Of A DLANC Voter Registration List In Advance Of The Subdivision Election For Purposes Of Electioneering, Thereby Potentially Misusing His Power As A Member Of DLANC’s Board

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.

You may recall that one of the major issues raised in the Skid Row Neighborhood Council Formation Committee’s appeal to the Board of Neighborhood Commissioners over probably illegal, certainly immoral, shenanigans in the horrifically shady campaign against the SRNC was the question of whether DLANC had illegally opposed formation by sending out emails via its Mailchimp account. The turning point, though, was when the opposition convinced CD14 repster José Huizar to allow online voting at the last minute and to automatically register all people who’d voted in the last DLANC election.

The fact that Huizar decided to allow online voting meant that contact information for all the automatically registered voters suddenly became very valuable. I haven’t uncovered any new information on the Mailchimp front, but one of the emails from yesterday’s release of records from the Downtown Center BID reveals that on April 3, just three days before the hotly contested election, then-DLANC-Board-member Jacob Douglas van Horn,1 sent DLANC’s copy of the registered voter list to a rogues’ gallery of anti-SRNC conspirators. Here is the email and here’s what it says:

Attached is a spreadsheet with the list of pre-registered voters from the last election. All of these people have already been sent a login and pin by DONE. For many it is ending up in their spam email box. Please every take a few minutes to look over this list. If you know anyone on the list please follow up with them and make sure they have voted.

And turn the page for a discussion of what may be wrong with Jacob Douglas van Horn sending this to his co-conspirators, who those co-conspirators were, and how I know that this is DLANC’s copy of the spreadsheet.
Continue reading It Seems That Piratical Swashbuckling Downtown Real Estate Vigilante Jacob Douglas Van Horn Supplied Anti-Skid-Row-Neighborhood-Council Conspirators With Patti Berman’s Copy Of A DLANC Voter Registration List In Advance Of The Subdivision Election For Purposes Of Electioneering, Thereby Potentially Misusing His Power As A Member Of DLANC’s Board

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Experimental CPRA Request To San Francisco County Supervisor Aaron Peskin For Emails To/From Union Square BID Director Karin Flood On A Subject Found In Her Lobbying Disclosure Demonstrate The Utility Of Detailed Contact Reporting By Registered Lobbyists

One of the major issues in the currently ongoing process of revising this City’s Municipal Lobbying Ordinance has to do with the level of detail about their contacts with City officials that lobbyists should be required to disclose. Currently they don’t have to disclose much, but there’s a proposal on the table to require them to disclose each contact with a City official including which issue was discussed.

Naturally, the lobbyists hate this idea. Their big argument against it, which has, to their everlasting shame, been echoed by a number of Ethics Commissioners, is that this level of disclosure would require so much work that the entire lobbying industry in Los Angeles would be driven into bankruptcy. This, of course, is ridiculous, not least because, just for instance, our silicon-addled redheaded step-cousins up North in the City and County of San Francisco require precisely this information on their disclosure forms without, obviously, having driven the industry into the ground. It’s fascinating to look at these disclosures, by the way. Check out San Francisco’s lobbyist directory for links to all of it.1

And one of the major arguments in favor of requiring lobbyists to disclose each contact with a City official and the issue discussed is that it would facilitate requesting records of the City via the California Public Records Act, and thus promote transparency. This is a great argument in the abstract, but concrete arguments are always more persuasive.2 Oh, I forgot to mention it, but in San Francisco, BID staffers register as lobbyists, unlike in Los Angeles.3 So, in keeping with the blog’s BID theme, I thought I’d try out my little test on Karin Flood, executive directrix of San Francisco’s Union Square BID. Turn the page to find out what happened!
Continue reading Experimental CPRA Request To San Francisco County Supervisor Aaron Peskin For Emails To/From Union Square BID Director Karin Flood On A Subject Found In Her Lobbying Disclosure Demonstrate The Utility Of Detailed Contact Reporting By Registered Lobbyists

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How Kerry Freaking Morrison And A Bunch Of Other Bad BIDdies Helped Gut AB-1479, An Essential Improvement To The California Public Records Act, And It Seems, If You Believe Them (Although Why Would You, Really?), To Be All My Freaking Fault For Being So Freaking Mean To Them On The Freaking Internet And Being “Intent On Bringing [Their Freaking] Organization To Its [Freaking] Demise”!

In February 2017, California State Assemblymember Rob Bonta of Oakland introduced AB-1479, which would have amended the California Public Records Act to allow judges to assess civil penalties of between $1,000 and $5,000 to punish flagrant CPRA violations. The bill sailed through the Assembly and almost made it through the Senate until a shitstorm of opposition, including from many Los Angeles BIDs, some of whom cited this blog as part of their parade of horribles, hired high-powered lobbyists Gonzalez, Hunter, Quintana, & Cruz and thereby sank the most important part of the bill, leaving only a tragic and fairly useless husk.

According to a staffer of Bonta’s who is in charge of this bill it’s essentially irredeemable this term, but they’re going to try again next year. Also, she was kind enough to send me a huge selection of letters received, pro and con, including a bunch from many of our Los Angeles BID friends. If we can’t beat them, well, at least we can publish their ravings and then mock them, right? The whole collection is available on Archive.Org. You should definitely read through it if you’re interested. The support letters are fabulous, but I don’t have time to discuss them here.

And turn the page for a more comprehensive description of exactly what happened, of how the BIDs, as usual, missed the whole point, and an exceedingly, painstakingly, obsessively, mockingly detailed analysis of this characteristically delusional, narcissistic, crackle-pated nonsense from our own Ms. Kerry Morrison.1
Continue reading How Kerry Freaking Morrison And A Bunch Of Other Bad BIDdies Helped Gut AB-1479, An Essential Improvement To The California Public Records Act, And It Seems, If You Believe Them (Although Why Would You, Really?), To Be All My Freaking Fault For Being So Freaking Mean To Them On The Freaking Internet And Being “Intent On Bringing [Their Freaking] Organization To Its [Freaking] Demise”!

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Lunada Bay Boys Plaintiffs Reply To Opposition To Their Motion For Administrative Relief, Include Fascinating Transcript Of Yet Another Telephonic Hearing About Discovery Transgressions By Defendants

For background take a look at this excellent article from the Times on this lawsuit. Also see here to download all pleadings in this case.

A couple weeks ago the plaintiffs asked Judge Otero to deny all the various and sundry motions for summary judgment filed by all the various and sundry defendants in this tangled web of a lawsuit. The basis of this plaintiffs’ motion is their pretty darn plausible assertion that approximately none of the defendants are cooperating with their discovery obligations, making it impossible for the plaintiffs to reply effectively to the defense motions.

Of course, both the City defendants and the individual defendants filed the usual eleventy-jillion briefs in opposition. And yesterday the plaintiffs filed their reply to the opposition. This was written by Kurt Franklin, and is very much worth reading.1 There is a transcription after the break. The hearing on this motion is scheduled for September 5, 2017 in James Otero’s courtroom 10C in the First Street Federal Courthouse.

The reply came with the usual batch of exhibits, among which is this gem of a transcript of the July 25 hearing before the Magistrate Judge Rozella Oliver about Sang Lee’s discovery failures. If you’ve been following along, this was the hearing after which Oliver issued an order requiring Lee to hand everything over that very day. Another good read is this excerpt from the Steve Barber deposition in which he admits to being a Bay Boy buddy and also discusses at length the phone-carrying habits of the PVEPD.
Continue reading Lunada Bay Boys Plaintiffs Reply To Opposition To Their Motion For Administrative Relief, Include Fascinating Transcript Of Yet Another Telephonic Hearing About Discovery Transgressions By Defendants

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A Bunch Of Emails Between The Los Feliz Village BID And The City Of Los Angeles Reveal A Number Of Interesting Issues, Not Least Of Which Is City BID Analyst Giving The BID Legal Advice On CPRA Requests Contrary To Holly Wolcott’s Position That This Does Not Happen

The other day I received a big pile of emails between the Board of the Los Feliz Village BID and people at the City of Los Angeles. They’re available here on Archive.Org. Note that the BID produced these by using some kind of bulk forwarding utility for Gmail to send these to their attorney, uniquely repetitive chair of the famed Hollywood Chamber of Commerce, Mr. Jeffrey Charles Briggs Esq.

Attorney Briggs then exported the forwarded emails as MSG files and passed them along to me. Unfortunately this process mangled the metadata and made it more trouble than it seems to be worth to sort and rename the files by date and time. Sr. Briggs seems to be willing at least to consider instructing his clients to provide actual exact copies of emails in the future, but for now we’ll work with what we got, especially since the whole process has taken more than six months to get to this point. Anyway, turn the page for discussion of a few highlights.
Continue reading A Bunch Of Emails Between The Los Feliz Village BID And The City Of Los Angeles Reveal A Number Of Interesting Issues, Not Least Of Which Is City BID Analyst Giving The BID Legal Advice On CPRA Requests Contrary To Holly Wolcott’s Position That This Does Not Happen

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City of PVE And Jeff Kepley And The PVE Police Officers’ Association File Opposition To Motion Because They Don’t Want To Hand Over Text Messages From Cops’ Personal Phones — No One Seems To Be Discussing The Fact That The California Supreme Court Decided In March That Work Information On Personal Phones Is Public Record

For background take a look at this excellent article from the Times on this lawsuit. Also see here to download all pleadings in this case.

Last week the plaintiffs in the Lunada Bay Boys case asked magistrate judge Rozella Oliver to sanction the City of PVE because they refused to hand over work-related text messages. Oliver subsequently denied this motion on technical grounds. At roughly the same time the plaintiffs filed a motion for administrative relief, essentially asking Judge Otero to deny the zillions of defense motions for summary judgment because of various discovery failures on the part of the defense.

And tonight the City of PVE and Jeff Kepley filed their opposition to that motion. The most important item is this memorandum of points and authorities which has, as these all seem to, a good discussion of the facts of the dispute.

The main issue seems to be, though, that the plaintiffs’ asked for material from the personal phones of PVE cops and the cop union intervened and said via their lawyer, Howard A. Liberman, that they weren’t going to hand it over because it would violate the officers’ privacy and also it would violate their contract with the City of PVE. The City also argues that they can’t hand it over since they don’t have control over it.

There are links to all the other goodies after the break, by the way, along with more of the usual uninformed speculation.
Continue reading City of PVE And Jeff Kepley And The PVE Police Officers’ Association File Opposition To Motion Because They Don’t Want To Hand Over Text Messages From Cops’ Personal Phones — No One Seems To Be Discussing The Fact That The California Supreme Court Decided In March That Work Information On Personal Phones Is Public Record

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Apparently The City Attorney Of Los Angeles Has Opined That Business Improvement Districts Can’t Spend Money On Things That Aren’t In Their Management District Plans Unless The Plans Are Amended — At Least That’s What Shadowy BID Consultant Tara Devine Said In 2012 And Why Would She Lie About That?

When business improvement districts in California are created, it’s required by the Property and Business Improvement District Act of 1994 at §36622 to file a so-called management district plan (MDP) with the City. This is meant to describe exactly what the BID is going to spend its money on, and it’s incorporated into the City’s Ordinance of Establishment, by which means the BID is created. It must be approved by the City Council, and the City has the power to revise it at will. The law makes it pretty clear that BIDs are actually forbidden from spending money on activities that aren’t in the MDP, although this facet of the law is generally ignored by the City.

And I’m presently working on a project that requires a close reading of invoices submitted by Tara Devine1 to the South Park BID over the years, which I obtained last month as the fruit of a CPRA request.2 Although 2012 is outside the timeline I’m working on, I was fascinated to note that Tara Devine seems to have been engaged by the South Park BID to actually write that year’s annual planning report3 for them. One of the things that she billed for in the course of performing her contract to do so Tara Devine billed for was a conversation with accounting firm RBZ, since merged with Armanino, and the subject of that conversation was wholly new to me:
Continue reading Apparently The City Attorney Of Los Angeles Has Opined That Business Improvement Districts Can’t Spend Money On Things That Aren’t In Their Management District Plans Unless The Plans Are Amended — At Least That’s What Shadowy BID Consultant Tara Devine Said In 2012 And Why Would She Lie About That?

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Ethics Commission Releases List Of Far-Reaching, Much-Needed, Proposed Updates To Municipal Lobbying Ordinance, To Be Discussed Further At August 15 Meeting

On Friday the City Ethics Commission released a list of proposed updates to the Municipal Lobbying Ordinance. This is scheduled for discussion at the Commission’s upcoming August 15 meeting. These are extraordinarily far-reaching and much welcome proposals, and you’ll find a list with commentary after the break. Just for instance, though, they’re proposing to alter the definition of a lobbyist to make it easier to decide when they’re required to register, to require disclosure of specific City employees lobbied, to require disclosure of positions taken on lobbied issues, and so on.

First though, let me just outline the slightly unusual procedure by which government ethics laws are changed in the City of Los Angeles. Unlike most laws, which are proposed, amended, and passed or defeated by the City Council, ethics laws are proposed by the Ethics Commission. Once the Commission finalizes its proposal, it’s sent to the City Council, which has the right to adopt the proposal or reject the proposal, but they are specifically forbidden from altering the proposal.

Of course, something like this complex procedure is necessary, because it wouldn’t be safe to allow the City Council, the main agency reined in by ethics laws, to rewrite them on their own initiative. They’d very soon be meaningless. However, it seems to make the laws extraordinarily difficult to change in substantive ways. For instance, the Ethics Commission sent up a set of proposals fairly similar to the current set in 2010.

At that time Eric Garcetti was chair of the Rules and Elections committee, where the proposal went first. At the behest of Kerry Morrison, Estela Lopez, and a bunch of other BID staffers, in the midst of a stomach-turning display of flirtatious trivialization, he let the proposal die in committee without even a second hearing. You can read all about this disgraceful episode and even listen to audio of the giggly horribleness of it all. There’s every chance that something very similar will happen this time around. But maybe not, who can say.
Continue reading Ethics Commission Releases List Of Far-Reaching, Much-Needed, Proposed Updates To Municipal Lobbying Ordinance, To Be Discussed Further At August 15 Meeting

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Remember That Cost Matrix That Rena Leddy And Urban Place Consulting Claimed In March 2017 Was A Trade Secret And Even Hired A Lawyer To Prevent Its Release Under CPRA? Well, Rena Leddy Herself Released It Into The Public Domain In October 2016. The Proper Response Is (a) WTF?! (b) Is Paying Lawyers To Fight Already-Lost Battles An Acceptable Use Of The BID’s Money? (c) All Of The Above

A couple days ago I published a collection of Rena Leddy’s reports to the Board of Directors of the Fashion District BID. This is turning out to be an incredibly rich source of information, revealing, e.g., that a marketing consultant hired by the BID thinks, among other deeply stupid thoughts, that lobster rolls confuse Latinos. And today I have another gem, but, for good or for ill, this one’s more technical although no less interesting.

Perhaps you recall that Urban Place Consulting is working for the Fashion District coordinating the BID’s pending renewal with the City. I obtained UPC’s contract with the BID from Rena Leddy via the California Public Records Act, but she claimed that the chart showing the actual hourly rates of UPC bossboy Steve Gibson and his assorted flunkies was exempt from release because it was a trade secret. Then we spent three months arguing about it and everybody got lawyered up and eventually she gave in and sent me an unredacted copy of the contract showing how much money all the UPC folks were getting paid.

Well, it turns out it was all for nothing. You see, in October 2016, UPC submitted a proposal to the BID for the consulting job. Here is a copy (transcription after the break, as always). And Rena Leddy included this proposal in the November 2016 Board Packet. And the proposal contained an unredacted copy of the cost matrix. To see why this action of Rena Leddy’s obviated our entire subsequent dispute about whether or not the cost matrix was exempt, turn the page, friend!
Continue reading Remember That Cost Matrix That Rena Leddy And Urban Place Consulting Claimed In March 2017 Was A Trade Secret And Even Hired A Lawyer To Prevent Its Release Under CPRA? Well, Rena Leddy Herself Released It Into The Public Domain In October 2016. The Proper Response Is (a) WTF?! (b) Is Paying Lawyers To Fight Already-Lost Battles An Acceptable Use Of The BID’s Money? (c) All Of The Above

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Newly Obtained ICS File Proves That Estela Lopez Organized That March 20 Conference Call Between Her, Rena Leddy, And Rockard Delgadillo About Nuking The Skid Row Neighborhood Council And That It Was Organized No Later Than March 18

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.

About ten days ago I wrote about a March 20, 2017 conference call between Rena Leddy, Estela Lopez, and potentially illegal lobbyist and former City Attorney Rockard Delgadillo, the point of which was to discuss how they were going to destroy the Skid Row Neighborhood Council. At that time the only evidence I had about the meeting was an entry from Rena Leddy’s calendar, which she’d printed out and redacted with a black marker. This, of course, destroys what’s often the most interesting aspect of an electronic record, which is to say the metadata.

Now, the California Public Records Act has an exceedingly useful requirement with respect to electronic records. It’s found at §6253.9(a)(1), which states:

Unless otherwise prohibited by law, any agency that has information that constitutes an identifiable public record not exempt from disclosure pursuant to this chapter that is in an electronic format shall make that information available in an electronic format when requested by any person and, when applicable, shall comply with the following … The agency shall make the information available in any electronic format in which it holds the information.

Modern calendar applications almost universally use the ICS file format for their entries. So on June 28 I sent Rena Leddy an email asking her for the raw ICS file. She sent it to me yesterday, and now I’m making it available to you either as files or, as always, there’s a transcription after the break:

There are two crucial pieces of information revealed by the metadata. First of all, Estela Lopez created the event. That is, she organized the call with Rockard Delgadillo and subsequently invited Rena Leddy to join. At a minimum this fact will be useful in framing future CPRA requests.

Second, the event was created on March 18, 2017 at noon PST.1 Previously we’d only been able to pin down the beginning of Rockard Delgadillo’s involvement in anti-SRNC lobbying to 11 a.m. on March 20. This is a 47 hour improvement in the timeline I’m constructing. Turn the page for analysis and a transcription of the ICS file.
Continue reading Newly Obtained ICS File Proves That Estela Lopez Organized That March 20 Conference Call Between Her, Rena Leddy, And Rockard Delgadillo About Nuking The Skid Row Neighborhood Council And That It Was Organized No Later Than March 18

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