Recall that in June of this year I was forced by the utterly indefensible intransigence of Gil Cedillo staffer Mel Ilomin, who would persist in his bizarre claims that some emails between his office and LAPD were exempt from production under the California Public Records Act, to file a writ petition seeking to enforce my rights under that hallowed law. And less than a month later the City caved and produced a bunch of emails.
Which, as you may know, makes me the prevailing party which, as you also may know, means that the City must pay my attorney’s fees and the court costs, which they just recently did to the tune of $4,720, and here is a copy of the settlement agreement laying out the terms.1 And one of the tragic aspects of this basically silly little case is that they have not mended their ways in the least. City offices continue to make totally bogus exemption claims for which the only remedy is another suit. And if that’s what the City wants, well, I’m not going to be the one to disappoint them.
Oh, yes, the interesting thing about that settlement!2 So the CPRA imposes various duties on local agencies, local agency being something of a term of art in CPRA-ology3 meaning “entity subject to the CPRA.” Like for instance, when a local agency receives a request, the local agency must respond in ten days.4 And when a local agency once releases some records to any member of the public, then by law the local agency has thenceforth and for all time waived the possibility of claiming exemptions and must therefore release that same record to anyone who asks for it.5
Continue reading City Of Los Angeles Concedes Defeat In My California Public Records Act Petition Based On Cedillo Staffer Mel Ilomin’s Wildly Unsupportable Exemption Claims — They Settled Up And Paid $4,720 In Fees And Costs — It Seems To Me Personally That It Would Be More Efficient Just To Follow The Damn Law From The Get-Go — Rather Than Paying $5K Every Time Some Council Staffer Feels Like Throwing His Toys From The Pram — But I Am Willing To Admit That I Have Zero Experience In Running Major Cities — So Perhaps This Loss Is A Net Win For The City In Some Inscrutable Way That We Amateurs Have No Hope Of Unscrewing — Concluding With An Unscientific Postscript On What Bethelwel Wilson’s Petulance Reveals About Some Ad Hoc Bullshit CPRA Obstructionism That Mike Dundas Made Up One Time