Tag Archives: Public Integrity Division

California Government Code Section 1222 Is A New (To Us) Governmental Integrity Law Of Which Chad Molnar’s CPRA Shenanigans Constitute A Violation, Making Him Not Only Unethical But An Actual Criminal And Potentially Even Subject To Citizen’s Arrest!!

Chad Molnar in June 2016, just smiling away because it hasn't yet occurred to him that he is going to jail.
Chad Molnar in June 2016, just smiling away because it hasn’t yet occurred to him that he is going to jail.
Perhaps you’ve been following along with our LAMC 49.5.5(A) project, in which we turn various City officials and employees in to the LA City Ethics Commission for violating that most lovely government accountability ordinance, LAMC 49.5.5(A) by misusing their positions in various ways. Well, just recently, via the fine folks at the Coalition to Preserve L.A., I learned of a possibly even more funner law, which may allow City employees not only to get fined by the CEC for violating CPRA, but actually locked up for it! Ladies and gentlemen, loyal MK.Org readers, may I present to you the stunning law known to the world as California Government Code Section 1222, which states in full:

Every wilful omission to perform any duty enjoined by law upon any public officer, or person holding any public trust or employment, where no special provision is made for the punishment of such delinquency, is punishable as a misdemeanor.

The potential here is astounding. You see, there is “no special provision…made for the punishment of” a failure to comply with CPRA. This is in contrast to, e.g., the Brown Act, which does contain a clause making certain kinds of violations misdemeanors.1 However, the duty to comply with CPRA is “enjoined by law upon” public officers. For instance, the California Constitution at Article I, section 3(b) states pretty unequivocally that:

In order to ensure public access to the meetings of public bodies and the writings of public officials and agencies, as specified in paragraph (1), each local agency is hereby required to comply with the California Public Records Act …

Now, this law requires2 that the failure to act be wilful. But, of course, that’s where we have Chad Molnar dead to rights. If you didn’t read the whole story, you can at least read the smoking gun, in which Chad Molnar actually states explicitly that he’s not going to comply with CPRA and that he doesn’t think he has to comply. And note that this is not just him not complying with some vague part of the law, proof of violation of which would require a fact-finder, but him not complying with objectively clear, explicitly mandated, response deadlines. He just flat-out says he’s not going to respond as required. It’s hard to imagine a more wilful violation than that.

So anyway, as soon as possible, I hope this weekend, I’m going to write up a complaint and figure out what to do with it. Perhaps I’ll try the neighborhood prosecutor in Venice. They do handle misdemeanors, after all. This probably won’t work so well, and then I’ll send it to Jackie Lacey’s Public Integrity Division. I’ll keep you up-to-date. And if you’re still interested, turn the page for even more wildly uninformed speculation.3
Continue reading California Government Code Section 1222 Is A New (To Us) Governmental Integrity Law Of Which Chad Molnar’s CPRA Shenanigans Constitute A Violation, Making Him Not Only Unethical But An Actual Criminal And Potentially Even Subject To Citizen’s Arrest!!

First Amendment Coalition Sues City of Los Angeles Over Tom LaBonge’s Illegal Records Destruction, Alleges Possible Felony Records Destruction, Eric Garcetti Still Not Held To Account For Similar Crimes

Current CD4 representative David Ryu, whose termed-out predecessor Tom LaBonge ordered the destruction of public records, leading to both an FAC lawsuit and a council motion to prevent this kind of thing in the future.
Current CD4 representative David Ryu, whose termed-out predecessor Tom LaBonge ordered the destruction of public records, leading to both an FAC lawsuit and a council motion to prevent this kind of thing in the future.
In January 2016 the Los Feliz Ledger broke the story that termed-out CD4 Councilmember Tom LaBonge had ordered the destruction of public records prior to his leaving office on June 30, 2015. Emily Alpert Reyes, writing in the Los Angeles Times reported on Thursday that the First Amendment Coalition had filed suit against the City of Los Angeles, claiming, among other things, that the destruction of this material either violated the California Public Records Act or else the fairly draconian Government Code section 6200. Thanks to FAC director Peter Scheer I have a copy of the petition to share with you, and you can read some further commentary after the break.
Continue reading First Amendment Coalition Sues City of Los Angeles Over Tom LaBonge’s Illegal Records Destruction, Alleges Possible Felony Records Destruction, Eric Garcetti Still Not Held To Account For Similar Crimes