Tag Archives: CPRA 6254(c)

Ever Wonder If You Are Blocked By Your Councilmember On The Twitter?! — We Have The Answer! — Also City Attorney! — Also The Mayor! — But Nury Martinez — And Herb Wesson — And Mike Bonin — And Mitch O’Farrell — They Won’t Even Answer The Damn Requests — Oh, Almost Forgot To Say! — Deputy City Attorney And Insufferable Rich Boy Strefan Fauble Wants To Be Sure You Know — Mike Feuer Isn’t Muting Any Twitter Users But If He Were — The List Would Be Exempt From Release Under The CPRA! — Yeah Right, Strefan Fauble! — Stick To Art Collecting And Leave The CPRA Lawyering To Others!

For about two months now I’ve been looking into the practice of Twitter users being blocked or muted by official City of Los Angeles accounts. I’m still gathering evidence, but yesterday it came out that Police Commission president Steve Soboroff blocks a bunch of users who’ve never even interacted with him, so I thought it’d be timely to write up the information I have so far. This issue is of special interest in these latter days given that in 2018 a federal judge ruled that it is unconstitutional for Donald Trump to block users on Twitter.

What I can offer you today, friends, is Twitter block/mute information for eleven of the fifteen council districts, the City Attorney, the Mayor, and a small selection of official LAPD accounts.1 There’s also an interesting line of hypothetical bullshit from deputy city attorney Strefan Fauble2 about some pretty technical claims about CPRA exemptionism,3 but that, being übernerdlich, is way at the end of the post.

Most of the accounts blocked are porn or spam, but Jose Huizar and David Ryu are notable exceptions. Both reps block accounts that are obviously controlled by actual individual people. Huizar’s list is by far the most extensive, and includes wildly inappropriate blocks like @oscartaracena and @BHJesse.

My research on this question is ongoing, mostly hindered by the City of LA’s familiar foot-dragging CPRA methodology. Turn the page for a tabular summary of the results I have so far along with a brief discussion of how Strefan Fauble is still on his CPRA bullshit.
Continue reading Ever Wonder If You Are Blocked By Your Councilmember On The Twitter?! — We Have The Answer! — Also City Attorney! — Also The Mayor! — But Nury Martinez — And Herb Wesson — And Mike Bonin — And Mitch O’Farrell — They Won’t Even Answer The Damn Requests — Oh, Almost Forgot To Say! — Deputy City Attorney And Insufferable Rich Boy Strefan Fauble Wants To Be Sure You Know — Mike Feuer Isn’t Muting Any Twitter Users But If He Were — The List Would Be Exempt From Release Under The CPRA! — Yeah Right, Strefan Fauble! — Stick To Art Collecting And Leave The CPRA Lawyering To Others!

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SB749 — Maria Elena Durazo’s Proposed Changes To The California Public Records Act Would Fix Two Problems — First — Local Agencies Often Claim That Records Generated By Their Private Contractors Are Exempt As Trade Secrets — This Bill Would State That Such Information Relating To Employment Conditions Is Not In Fact A Trade Secret — Second — This Bill Would Require That Requesters Are Named As Parties In All So-Called Reverse CPRA Actions — In Which A Third Party Sues To Prevent Record Release — And Would Require Parties Who Initiate Unsuccessful Reverse CPRA Actions To Pay Requester’s Fees

Senator Maria Elena Durazo filed SB-749, amending the California Public Records Act, last month, but it was only on Wednesday that it was amended away from a placeholder. The fleshed-out bill addresses two problems with the California Public Records Act.

First, it would state that “records relating to wages, benefits, working hours, and other employment terms and conditions of employees working for a private industry employer pursuant to a contract with a state or local agency shall not be deemed to be trade secrets under the act.” In my experience it’s fairly common for local agencies to claim that records like this are exempt. Sometimes they claim that they’re trade secrets1 and sometimes that they’re material found in personnel files.2

That last claim is pretty clearly bogus, so probably the more serious obstructionists rely more on claims of trade secrets. For instance I had this happen to me with the Fashion District BID in the person of Rena Leddy, who refused to tell me the hourly rates of the BID’s renewal consultant, Urban Place Consulting. That is, until a kindly lawyer sent them a not-so-kindly demand letter on my behalf. Then they coughed the goods right up.3 So if the bill passes with this bit intact they won’t be able to do that any more, and the personnel file claim is functionally a non-starter, so that’ll be good.

Incidentally, while I understand the danger of letting the perfect be an enemy to the good, I would still just like to say that the problem being solved here is at best a minor particular instance of a much larger family of problems involving records owned by private contractors who are working for public agencies. That is, that the agencies can write the contracts so that the contractor owns the records and the agency explicitly does not have access to them.

The Hollywood Property Owners’ Alliance famously did exactly this in 2016 with the Andrews International BID Patrol. Kerry Morrison even admitted under oath that the purpose of the change was to thwart my CPRA requests. And the judge ruled that it was allowable under California law for them to do this, and even to make the change retroactive.

But such is not the law in every state. For instance, Florida Statutes section 119.0701 makes pretty much all records generated by private contractors subject to the CPRA if they relate to work done for a public agency. It’s a really powerful, really beautiful statute. We need a version here, and this bill is not it. But it’s not bad.

The second issue addressed by Durazo’s bill has to do with reverse CPRA actions. In these suits a third party, e.g. a police union, sues to prevent a public agency from releasing records to a requester. The Court of Appeal held last year that the third party is liable for the requester’s fees if they lose, and this bill would formalize that finding by putting it into the statute. The bill also requires that the requester be brought into a reverse CPRA action as a party, I assume so that the case can’t be heard without the requester’s input.

And finally, and this may be the most powerful part, the law would forbid a court from ordering that a record be withheld if the order is based on a discretionary exemption. But most of the exemptions are discretionary. In fact I kind of think that all of them are, but maybe there’s something I don’t understand. This clause alone will make it harder to win reverse CPRA actions, as it should be. Turn the page for a transcription of the legislative counsel’s digest and the proposed new statutory language.
Continue reading SB749 — Maria Elena Durazo’s Proposed Changes To The California Public Records Act Would Fix Two Problems — First — Local Agencies Often Claim That Records Generated By Their Private Contractors Are Exempt As Trade Secrets — This Bill Would State That Such Information Relating To Employment Conditions Is Not In Fact A Trade Secret — Second — This Bill Would Require That Requesters Are Named As Parties In All So-Called Reverse CPRA Actions — In Which A Third Party Sues To Prevent Record Release — And Would Require Parties Who Initiate Unsuccessful Reverse CPRA Actions To Pay Requester’s Fees

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