Tag Archives: LAMC 48.02

How I Reported Fashion District BID Executive Director Rena Leddy To The Ethics Commission For (a) Failing To Register As A Lobbyist And (b) Failing To Recuse From A DLANC Vote For Conflict Of Interest

As you may already know quite well, in the City of Los Angeles, people are required by the Municipal Lobbying Ordinance to register with the Ethics Commission if they’re compensated for 30 hours of lobbying activity over three consecutive months.1 This year I’ve been working on reporting BID consultants to the Ethics Commission for failure to comply. So far I’ve filed two complaints, both against Tara Devine, one for her work on the Venice Beach BID and another for her work on the South Park BID.

But consultants aren’t the only BID people who spend their time trying to influence municipal legislation.2 BID staff actually spend a huge amount of time on this as well, and they never ever register as lobbyists. Also, they have never, in the entire history of Los Angeles, ever been called to account for failing to register. In fact, they’ve fought vigorously against the very idea that their work is even subject to the MLO.3

Consequently I’ve been working on expanding my unregistered lobbyist reporting project to BID staff as well. I kicked off the modern era of this project4 today by filing a complaint against Rena Leddy, executive directrix of the Fashion District BID, for failing to register and also for violating conflict of interest laws. You can read the whole complaint if you wish, and there’s a detailed discussion after the break.5
Continue reading How I Reported Fashion District BID Executive Director Rena Leddy To The Ethics Commission For (a) Failing To Register As A Lobbyist And (b) Failing To Recuse From A DLANC Vote For Conflict Of Interest

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More Scenes From The First Interested Persons’ Meeting — Über-Lobbyist Bill Delvac Reveals That His Clients Tactically Report Their Opponents In The Land Use Wars To The Ethics Commission As Unregistered Lobbyists But No Action Is Ever Taken — Heather Holt Corrects Him With Provocative Obliquity: “Perhaps No Public Action,” Quoth She

Oh dear, CPRA material from various BIDs, fascinating stuff, is pouring in as usual and just piling up on my metaphorical desk while I write post after post after post about the Ethics Commission‘s ongoing effort to revise the Municipal Lobbying Ordinance. Well, it can’t be helped, because the MLO is essential.1 Part of the process is holding a bunch of meetings to seek input, the first of which took place last Thursday.2 I’ve also posted my take on the various proposals. I’ll get to the BID stuff as soon as possible, friends, but meanwhile, here’s yet another MLO post.3

If you’ve been following the conversation you’ll know that the lobbyists opposing the proposed revisions have argued consistently that the City doesn’t need more regulations imposed on lobbyists who, according to them anyway, desperately want to follow the law but instead needs to register the herds of unregistered and unregulated lobbyists swarming around City Hall.4

They’re not wrong that there are far, far too many unregistered lobbyists. Turning these people in to the Ethics Commission is one of the main purposes of this blog and I have, uncharacteristically, to agree with the registered lobbyists that there are an awful lot of unregistered lobbyists haunting 200 N. Spring Street and that the ease with which they can be detected is astonishing.5

Where they are wrong is in their claim that there’s some kind of dichotomy between registering the unregistered and revising the laws. Mostly the people pushing this idea, that somehow revising the law and registering the unregistered are mutually exclusive, seem to be doing it only to distract everyone’s attention from how badly the present law needs revision and, possibly, how badly their subterranean activities might be exposed were the law to be revised.

At least that’s how it sounded in last week’s meeting when John Howland, late of the CCALA but more recently employed by Arnie Berghoff and Associates, broke out with the same old routine, of which I’ll spare you a transcription, because it’s essentially content-free. However, at that same meeting supervillainesque land use attorney Bill Delvac also had quite a lot to say, most of which, in contrast to the self-serving contributions of his fellow flacks in the so-called regulated community, was quite interesting.

On the subject of unregistered lobbyists, for instance, Bill Delvac asserted that not only were there bunches of them, but that many of the lawyers who professionally oppose development projects are engaged in lobbying, and that essentially none of them are registered. He also, surprisingly to me, revealed that many of his clients had reported such lawyers to the Ethics Commission but that no action had been taken. Heather Holt, executive director of the Commission, corrected him, saying “perhaps no public action.”

And turn the page for some comments on the more technical parts of what Bill Delvac had to say, including the only colorable argument I’ve ever heard against a compensation-based definition as the main criterion for registration as a lobbyist.6 There is also, as usual, a transcription of all relevant remarks.
Continue reading More Scenes From The First Interested Persons’ Meeting — Über-Lobbyist Bill Delvac Reveals That His Clients Tactically Report Their Opponents In The Land Use Wars To The Ethics Commission As Unregistered Lobbyists But No Action Is Ever Taken — Heather Holt Corrects Him With Provocative Obliquity: “Perhaps No Public Action,” Quoth She

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Video Of First Interested Persons Meeting Now Available — See John Howland And Bill Delvac Discuss Whether Neighborhood Council Assent Is Necessary For Development Projects (TL,DR: Yes). This Revelation Makes BID Control Of DLANC Seem Even More Unsavory Than It Already Did

Yesterday afternoon the Ethics Commission held the first in a series of three meetings to gather even more input from interested parties concerning proposed revisions to the Municipal Lobbying Ordinance. I recorded the whole thing for posterity and you can watch it here:

I’ll be commenting on this and the next meeting1 from time to time, and today I just want to point out an interesting response from seasoned Los Angeles lobbyists John Howland and Bill Delvac2 to an interesting question from Ethics Commission ED Heather Holt. One of the proposals on the table is a requirement that lobbyists report attempts to influence neighborhood councils in addition to the other City agencies they’re already required to disclose information about. In the context of this discussion, Holt asked the lobbyists:

Just out of curiosity, for development projects, is there a general sense that you need a neighborhood council buy-in for it to go anywhere?

In response to this, über-düber lobbyist John Howland smirked and emitted an inarticulate snort, seemingly in disbelief that the boss of the Ethics Commission could ask such a silly question, before saying “yes.” This response was echoed by Bill Delvac, with Howland interjecting the occasional assent:

BD: We’re happy when we get to neutral.
JH: Yeah. Well, yeah.
BD:
[Unintelligible] … the Charter and the Code, they’re really not binding. But it matters more to some Councilmen [sic] than it does to others and often [unintelligible] you wanna get their support. I wouldn’t have written the Charter that way, but …

This interchange certainly supports the Ethics Commission’s proposal to subject lobbying directed at neighborhood councils to disclosure, and, interestingly, there didn’t seem to be any actual opposition to this proposal from the lobbyists. So maybe, no matter what gets compromised out of the rest of the proposals, this one will make it through the gauntlet, which is a good thing.3

And turn the page for a discussion of some potential implications, possibly as-yet unconsidered, of this proposal having to do with the fact that, probably uniquely among NCs, the DLANC has a ton of BID staffers on its board of directors.
Continue reading Video Of First Interested Persons Meeting Now Available — See John Howland And Bill Delvac Discuss Whether Neighborhood Council Assent Is Necessary For Development Projects (TL,DR: Yes). This Revelation Makes BID Control Of DLANC Seem Even More Unsavory Than It Already Did

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In Defense Of Counting Neighborhood Councils As City Agencies In The Context Of The Municipal Lobbying Ordinance

As you may well know, the City Ethics Commission is in the process of revising the Municipal Lobbying Ordinance. The CEC’s policy staff, led by heroic and long-suffering director Arman Tarzi, has compiled a fantastically useful report on the proposals, and a series of three interested persons meetings are scheduled starting tomorrow to gather even more input.

Right now it looks like at least four of five Commissioners are leaning towards giving the lobbyists whatever random nonsense they request, so your comments and input are essential to the future of the City at this point. Whether or not you can attend any of the meetings, I hope you will be able to send comments to ethics.policy@lacity.org, probably before October 17, which is when the Commission is scheduled to discuss the matter. And I’m also writing posts on particular parts of the proposal which seem important. This one, on including neighborhood councils as City agencies for lobbying disclosure purposes, is the third in the series, and the other two are:

And read on for a description of the proposal and reasons to support it!
Continue reading In Defense Of Counting Neighborhood Councils As City Agencies In The Context Of The Municipal Lobbying Ordinance

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President Tara Devine Begged Fashion District To Hire Her For BID Consulting At $72,000 But They Hired UPC At $55,000 Instead Even Though Estela Lopez Really Loves President Devine And Steve Heumann Had “Front Row Seat” To President Devine’s Work In “Impossible” Venice — President Devine Admits Against Interest That Purpose Of BID Consulting Is To “Effectuate Approval” Of Municipal Legislation

As you may recall, I’ve been studying the relationships between BIDs and the consultants they hire to guide them through the process of establishing or renewing their BIDs. As part of this work I discovered, e.g., that the Fashion District BID is paying $55,000 to FDBID Executive Directrix Rena Leddy’s former employer Urban Place Consulting for renewal services. But before the Board hired UPC they, acting as the fiscally responsible grownups they are, for whatever reason, presumed to be, solicited proposals from the City’s various BID consultants.

And, although it’s probably not such a surprise given how few BID consultants there are in this City, it turns out that famously shadowy BID consultant Tara Devine submitted a proposal! She didn’t get the job, though, possibly because her bid was almost $20,000 higher than UPC’s. And there are many things to be learned from this document, not least of which is the fact that Tara Devine, utilizing the grammatical voice known technically as “unhinged third person,” refers to herself throughout as “President Tara Devine.”1

The most important information in the document, though, has to do with the scope of services, which contains crucial information for my ongoing project of turning BID consultants in to the Ethics Commission for failing to register as lobbyists. One necessary element of the registration requirement, found in the Municipal Lobbying Ordinance,2 is that a lobbyist be employed “…for the purpose of attempting to influence municipal legislation on behalf of any person.”3

BID renewal requires the City Council to pass two distinct ordinances,4 and this fact is a key element of my my general argument that BID consulting is lobbying. But how much more effective than me arguing for this position to just have President Tara Devine admit herself, in her own words, that when a BID hires her as a consultant they are hiring her to get some legislation passed. Given this admission against interest, she’ll have a hard time arguing that she’s not a lobbyist:

Coordination with City Clerk, HCED Chair, Council President, and Council District 14 to effectuate scheduling and approval of:
o Ordinance of Intention
o Ordinance of Establishment
o Prop 218 Ballot Issuance

Anyway, the whole document is well worth your time to read, although most of it’s merely mockable rather than substantial. Turn the page for transcriptions of some selections, including a bunch of risible testimonials from President Tara Devine’s cronies in BIDlandia and their comments, as filtered through her considerable third-person ego, about her work in Venice and elsewhere.
Continue reading President Tara Devine Begged Fashion District To Hire Her For BID Consulting At $72,000 But They Hired UPC At $55,000 Instead Even Though Estela Lopez Really Loves President Devine And Steve Heumann Had “Front Row Seat” To President Devine’s Work In “Impossible” Venice — President Devine Admits Against Interest That Purpose Of BID Consulting Is To “Effectuate Approval” Of Municipal Legislation

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How I Reported Shadowy BID Consultant Tara Devine To The City Ethics Commission For Failing To Register As A Lobbyist Based On Her Work For The South Park BID In 2017

So you may recall that I’ve been working on establishing the fact that BID consulting constitutes lobbying as defined in the Municipal Lobbying Ordinance. I kicked off this project in February with shadowy BID consultant Tara Devine, whom I reported to the Ethics Commission for working as a lobbyist but failing to register as a lobbyist. Meanwhile, if you have no idea what I’m talking about, here is a reasonable introduction to the concepts of both BID consultancy and why it’s almost certainly the kind of thing for which registration with the Ethics Commission is required.

My theory gained some credibility with the discovery that some BID consultants in Los Angeles do register as lobbyists. Since February I’ve been collecting evidence against Ed Henning for his work with the San Pedro BID and also against Urban Place Consulting for their work on Fashion District BID renewal and also Media District BID renewal.

And, of course, against Tara Devine for her ongoing work with the South Park BID. Finally, a few weeks ago I completed a generic argument1 that BID consultancy constitutes lobbying. And this morning I’m pleased to announce that, despite the twisted CPRA-defying machinations of South Park BID director of operations2 Katie Kiefer and her less-than-competent lawyers,3 I have submitted yet another complaint to the Ethics Commission against Tara Devine, this time for her BID consulting for South Park. You can read the whole complaint here.

And turn the page for a technical discussion of an interesting issue which came up while I was putting this complaint together. Note that I discussed this same issue the other day, so if you read that post, you might want to just skip the rest of this one.
Continue reading How I Reported Shadowy BID Consultant Tara Devine To The City Ethics Commission For Failing To Register As A Lobbyist Based On Her Work For The South Park BID In 2017

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In Defense Of A Change To A Compensation-Based Threshold For Lobbying Registration In Los Angeles

I wrote yesterday about a troubling meeting of the Ethics Commission concerning revisions to the Municipal Lobbying Ordinance. The proposals are still very much in flux, and timely public comments are not only essential for swaying the wavering commissioners in the right direction, but the commissioners, no matter their other flaws, do seem to read them, so they’re likely to be effective if submitted over the next couple of months.1

I had planned to write a letter to the Commission about all the issues together and publish it here as well, but the more I think about it the more I have to say. Thus I thought it would be much easier for everyone if I wrote about one issue at a time and then edited the posts down into a single letter to the Commission. Also, maybe you’ll find some of my ideas useful in framing your own letters, which should be sent to ethics.policy@lacity.org.

This post, then, is the first installment of that project, and the subject is the proposed change from a time-based registration requirement to a compensation-based requirement. If you have no idea what I’m talking about, you’re surely not alone. Turn the page for an introduction to the issue and arguments in favor of making the change.
Continue reading In Defense Of A Change To A Compensation-Based Threshold For Lobbying Registration In Los Angeles

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In Which I Present A General Argument That BID Consultancy Is Lobbying Activity In Order To Simplify And Regularize The Process Of Reporting BID Consultants To The Ethics Commission For Failure To Register

It’s a long term project of mine to turn in as many BID consultants as possible to the City Ethics Commission for failing to register as lobbyists. So far, though, I’ve only managed to report Tara Devine for her work on the Venice Beach BID because the work is so involved. Such a report has two essential components:

  1. An argument that BID consultancy satisfies the definition of lobbying activity found in the the Municipal Lobbying Ordinance at LAMC §48.02.
  2. An argument that a specific BID consultant was paid for sufficiently many hours over sufficiently few months to trigger the registration requirement found in the MLO at LAMC §48.07(A).

It occurred to me recently that the first argument will be the same for all BID consultants, and that therefore it would be possible to streamline the reporting process by writing it up in a generic format that would apply to any given BID consultant. So that’s what I did, and you can read the result here. I will be using this to make a number of complaints against BID consultants in the near future, which I will report on here.

Meanwhile, if you have no idea what I’m talking about, you can find explanations of everything after the break, along with a fairly detailed summary of the argument that BID consultancy qualifies as lobbying under the MLO.
Continue reading In Which I Present A General Argument That BID Consultancy Is Lobbying Activity In Order To Simplify And Regularize The Process Of Reporting BID Consultants To The Ethics Commission For Failure To Register

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Massive Document Dump Concerning Shadowy BID Consultant Tara Devine — What Has She Been Up To Since Destroying Venice Beach And How She Is Probably In Way More Trouble Than Anyone Thought With Respect To Not Having Registered As A Lobbyist

Yesterday I took a little trip South on Flower Street to the dark horse Death Star of downtown, the South Park BID, to look over some public records that they’ve been holding out on since January 2017 and only coughed up because my lawyer can beat up their lawyer.1 I found a hot mess of, among many, many problems, bizarrely damaged emails printed to PDF in random order with unintelligible OCR, missing attachments, purposely scrambled pages, and misnamed and poorly divided files. It’s going to take quite a while to put this nonsense into any kind of useful state,2 but I know a lot of my readers are wondering what’s up with shadowy BID consultant Tara Devine,3 so I thought I’d get the information concerning her up as fast as possible, even though it’s not yet in an ideal format.

That’s the big news, and you can turn the page if you’re in the mood for more detail and discussion. Note, though, that I’ll be posting about this material again once I get it revised into a more useful form.
Continue reading Massive Document Dump Concerning Shadowy BID Consultant Tara Devine — What Has She Been Up To Since Destroying Venice Beach And How She Is Probably In Way More Trouble Than Anyone Thought With Respect To Not Having Registered As A Lobbyist

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Liner LLP And United DTLA Weren’t The Only Zillionaires Gunning For The Skid Row Neighborhood Council: On April 28, 2017, The Central City Association Amended Its Lobbyist Registration With The City Ethics Commission To Disclose Its Work Against The SRNC

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.

We’ve done a lot of reporting on lobbying efforts against the Skid Row Neighborhood Council formation effort, but until today it has focused entirely on Liner LLP, its ethics-free-zone-for-hire-in-human-form Rockard Delgadillo, and the probably illegal campaign they waged against the SRNC on behalf of their shadowy anonymous client United DTLA.

This morning, however, I discovered that that infamous Schatzian horror show, the Central City Association of Los Angeles, was also involved in the lobbying effort against the SRNC. It’s not possible from the evidence to tell when they entered the fray, but amended registration forms filed with the City Ethics Commission prove that it was no later than April 28, 2017.1 Here’s the documentary evidence, and you’ll find more detailed descriptions along with some discussion after the break:

Continue reading Liner LLP And United DTLA Weren’t The Only Zillionaires Gunning For The Skid Row Neighborhood Council: On April 28, 2017, The Central City Association Amended Its Lobbyist Registration With The City Ethics Commission To Disclose Its Work Against The SRNC

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