Tag Archives: Government Code 54950

Latest Episode In The Brown Act Enforcement Project Targets Pacific Palisades BID For Secret Email Meeting Violation — They Do This Kind Of Thing All The Time But They’re So Incredibly Slow To Respond To CPRA Requests That I’ve Never Caught Them Within The Nine Month Enforcement Window — Until Now! — Smarmy Caruso Puppet And Self-Proclaimed Board Member Rick Lemmo Channels Donald Trump Even As He Aids And Abets Brown Act Violations — Typical! — Sad!

Yesterday morning the Pacific Palisades BID became the third lucky winner in our ongoing Brown Act enforcement project, following in the hallowed footsteps of the Byzantine Latino Quarter BID and the Studio City BID after them. I sent the BIDdies this demand letter, based as usual on the Brown Act at §54960.2, which gives civic outlaws like the Palisades BIDdies the chance to avoid getting sued back to the Stone Age by issuing an unconditional commitment never to break the same law again no more.

The Byzantinios caved and issued such a letter, and the Studio Citizens did too, at least with respect to three out of the four violations of which I accused them.1 And there’s a reasonable chance that the Palisadesean BIDdies will cave as well, in the fierce face of my ferociously convincing rhetoric. But maybe they won’t, cause BID boss Elliot Zorensky is a stone cold psychopath whose anger, it seems, has so far overmastered his prudence that he will cheerfully drown his own metaphorical babies merely in the hope of splashing some metaphorical bathwater on the metaphorical silken neckties of his quite literal enemies. Hard core, yes. Sustainable? Certainly not.

And of course, to faithful readers of this blog the fact that the Palisadeseans have violated the Brown Act won’t even seem like news. They are locally famous for scoffing in the face of the Brown Act. There was that time in January 2016 when they went and held a vote by email, and that other time in April 2016 when they went and held a vote over the telephone, and that other other time in April 2016 when Sue Pascoe of the Palisades News had the damn nerve to tell Laurie Sale that the Brown Act required them to post their damn agendas where people could see them and Laurie Sale flipped out and cried on Rick Scott’s shoulder all night long.

But the problem with all those episodes in relation to the enforcement project is that good old §54960.2 requires one to start the legal process with a demand letter sent within nine months of the violation. I made my first CPRA request of the PPBID in January 2017 but because they’re a bunch of law-flouting privilege monkeys, they didn’t hand over many if any records until July 2018,2 so that the Brown Act enforcement deadlines for all those 2016 violations were past before I even learned of them.

However, in that steaming heap of records that Elliot Zorensky handed over to me in July3 there was a crucial exchange of emails between Board members that adds up to a big fat violation of the Brown Act at §54952.2(b)(1), which says:

A majority of the members of a legislative body shall not, outside a meeting authorized by this chapter, use 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.

And not only that, but the conversation took place in May 2018, so we are well within the nine month deadline. And it’s that conversation, the details of which are interesting in themselves and are to be found after the break, that forms the basis of today’s demand letter. The BID now has thirty days to respond or else we’re going to court, and you will read all about it here if you want to!
Continue reading Latest Episode In The Brown Act Enforcement Project Targets Pacific Palisades BID For Secret Email Meeting Violation — They Do This Kind Of Thing All The Time But They’re So Incredibly Slow To Respond To CPRA Requests That I’ve Never Caught Them Within The Nine Month Enforcement Window — Until Now! — Smarmy Caruso Puppet And Self-Proclaimed Board Member Rick Lemmo Channels Donald Trump Even As He Aids And Abets Brown Act Violations — Typical! — Sad!

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Kicking Off Our New Brown Act Enforcement Project With A Demand Letter To The Byzantine Latino Quarter BID Insisting That Their Advisory Board Of Directors Stop Discussing Public Business In Secret Via Email — With A Writ Petition To Follow If They Won’t Unconditionally Commit To Following The Damn Law In The Future

Long-time readers of this blog will recall that one of our constant themes has been the exposure of an unrelenting series of violations of the Brown Act by the various BIDs of Los Angeles. I started the blog in October 2014 and that very month caught the Sunset Vine BID and its dear leader, Ms. Kerry Morrison, requiring IDs in order to attend meetings, which is a violation of §54953.3.

Since then it’s just been one damn thing after another, what with the South Park BIDdies refusing to share documents considered by their board at a meeting, or requiring meeting attendees to sign in, or their teleconferencing fiasco, or the Venice Beach BID’s deficient agenda descriptions, or the Central City East Association‘s discussing and voting on matters that were not agendized, or the East Hollywood BID‘s teleconferencing violations, and those aren’t even the worst of the bunch.

One of the most important prohibitions imposed by the Brown Act is found at §54952.2(b), which states that “[a] majority of the members of a legislative body shall not, outside a meeting authorized by this chapter, use 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.”

In the past we have seen shameless, egregious violations of this section, e.g. the Pacific Palisades BID in 2016, or also by the Central City East Association as part of their relentlessly immoral, illegal campaign against the formation of a Skid Row Neighborhood Council, and by the Los Feliz Village BID, whose violation of §54952.2(b) was bad enough that it actually earned them a written rebuke from the Public Integrity Division of the Los Angeles County District Attorney.

That last outcome has been an anomaly, though. Despite my having filed multiple reports against BIDs for serious violations of the Brown Act, the District Attorney has, to date, ignored all of them but the Los Feliz one.1 But the legislature, oh wise and omniscient!, has determined that Brown Act enforcement is too important to be left only up to the whims of County District Attorneys. They’ve also allowed for private citizens to enforce the law as well!

So this time, when I discovered dispositive evidence that the Byzantine Latino Quarter BID had violated §54952.2(b) of the Brown Act on at least two occasions earlier this year by discussing BID business in private via email I decided that I would take matters into my own hands rather than relying on the County DA to handle the violation. And the violations are really extreme and also somewhat lurid. One involves BID board member and Greek Orthodox priest Father John Bakas arguing against homeless shelters on the grounds that homeless people are dangerous and incorrigible, e.g.

Of course, it took some time and effort to study the law, get professional advice, and generally prepare an infrastructure for the private prosecution of such violations. Now that it’s all set up, it’s not just good for this one violation, but will work for all future violations that come to my attention. Thus it is with a great deal of pride that I announce an ongoing project to force the BIDs of Los Angeles to stop violating the Brown Act by prosecuting them myself if necessary! Turn the page for the legal theories involved and the specific details of the BLQBID’s violations!
Continue reading Kicking Off Our New Brown Act Enforcement Project With A Demand Letter To The Byzantine Latino Quarter BID Insisting That Their Advisory Board Of Directors Stop Discussing Public Business In Secret Via Email — With A Writ Petition To Follow If They Won’t Unconditionally Commit To Following The Damn Law In The Future

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Pacific Palisades BID In 2016 — Newly Obtained Emails Reveal The Most Egregious Violation Of The Brown Act I Have Ever Seen In The Wild — Zeck Dreck Laurie Sale — Who Sadly Is Highly Unlikely To Be Prosecuted For Her Criminal Ways — Conducted An Actual Vote On An Actual Motion By Email — Not One Single Board Member Objected — The Statute Of Limitations Has Run So They’re Not Going To Jail — But Obviously They’re Still Going To Hell — Cause There Ain’t No Statute That Can Limit The Freaking Wrath Of God!

I know some of you out there have been remembering such classics as the story of the angry scary fat black homeless male man or the story of the gang members escaping the seething urban hellscape of Santa Freaking Monica and thereby wondering just why it is that it’s been since March freaking 2017 since I last posted any full frontal mockery of the halfwits-by-the-sea out in Northwest Zillionaireville. I’m speaking of course of the Pacific Palisades Business Improvement District, Mike Freaking Bonin’s platonic ideal of a good BID.

And it’s certainly no coincidence that my last few posts about these coastal dimwits had to do with Laurie Freaking Sale’s weirdo Humistonian CPRA aggression. For instance there was the incident of Ms. Laurie Sale’s being too busy to follow the law, a theory which doesn’t work so well for non-zillionaires.1 Then there was the case of board member Rick Freaking Lemmo explaining how they were going to spend 3% of their annual assessments on lawyers to keep records out of my hands.

Well, it turns out that that’s not working out so well,2 because earlier this week I took a trek all the way out to the damn Palisades on public transit3 to finally inspect some records after fifteen tooth-pullingly painful months trying to talk some sense into Ms. Laurie Sale and then a few more months of my lawyer trying to talk some sense into the world’s angriest CPRA attorney, Ms. Carol F. Humiston.4

And good lord, friends! The craziness in these records is beyond fever pitch! It’s beyond Ebola pitch! Can’t easily be measured by disease slash pitch comparisons is how crazy it is! For various technical reasons it’s going to take a long time to prep this steaming pile o’ puckey for publication, so I’ll be dribbling it out a bit at a time. Today’s installment consists of 44 pages of emails amongst the BID Board, which can be found here on Archive.Org.

And amongst the millionish sharp little shards of crazy to be found here is the single most egregious violation of the Brown Act that I’ve ever known to be committed by a BID.5 In January 2016 BID zeck dreck Laurie Sale6 emailed her board with a motion to approve a contract and one by one they all voted yes by reply-all. This is beyond bad, beyond obvious. Turn the page for a discussion of the section that this violates, of what can be done about it now,7 and transcriptions of and links to all the evidence.
Continue reading Pacific Palisades BID In 2016 — Newly Obtained Emails Reveal The Most Egregious Violation Of The Brown Act I Have Ever Seen In The Wild — Zeck Dreck Laurie Sale — Who Sadly Is Highly Unlikely To Be Prosecuted For Her Criminal Ways — Conducted An Actual Vote On An Actual Motion By Email — Not One Single Board Member Objected — The Statute Of Limitations Has Run So They’re Not Going To Jail — But Obviously They’re Still Going To Hell — Cause There Ain’t No Statute That Can Limit The Freaking Wrath Of God!

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