More gifts to Mike Bonin, prominently displayed in his City Hall office on Wednesday, October 12, 2016.Did you even know that the members of our esteemed City Council all send one another and various other people gifts in the putative holiday season? Well they do, and evidently it’s just another thing that the pretty people do when they’re all drinking, thinking that they got it made.1
The City Ethics Commission requires City officials to keep track of these presents, and so, in response to a CPRA request, I received these records from Chad Molnar the other day, despite his claim that fulfilling my more substantial requests would make CD11 constituents suffer. Perhaps he sent these items along because they aren’t likely to make the constituents, who thrive in darkness and secrecy and evidently include outlaw BID proponents Mark Sokol and Carl Lambert, suffer too much, because they have very little content. However, what they do have is fairly amusing. You can get them:
Chad Molnar is Mike Bonin’s campaign treasurer and also does odd jobs of some sort around the Council District offices.A couple of days ago I announced MK.Org’s latest project, which aims to experimentally determine the scope of the extraordinary LAMC 49.5.5(A), which states, rather succinctly, that:
City officials, agency employees, appointees awaiting confirmation by the City Council, and candidates for elected City office shall not misuse or attempt to misuse their positions or prospective positions to create or attempt to create a private advantage or disadvantage, financial or otherwise, for any person.
This is just a quick post to announce the availability of tons of new records (with more to come this weekend, I hope!) These are available both on Archive.Org and locally through the menu structure above or directly from our document storage.
Eep!LAMC 49.5.5(A) states, rather succinctly, that:
City officials, agency employees, appointees awaiting confirmation by the City Council, and candidates for elected City office shall not misuse or attempt to misuse their positions or prospective positions to create or attempt to create a private advantage or disadvantage, financial or otherwise, for any person.
Here’s what seems to be required of a City official or employee to violate this law:2
That they misuse their position, where I’m thinking “misuse” means:
They do something that requires the powers granted to them by virtue of their position and
their powers were not granted for the purpose of doing that thing.
The misuse creates a private advantage or disadvantage for someone, where I’m thinking “private” means:
The advantage or disadvantage created does not further public policy goals. E.g. getting arrested creates a disadvantage for the arrestee, but the disadvantage furthers a public goal. Winning a contract through the City’s bidding process advantages the successful bidder, but the advantage furthers a public goal.
The law is enforced by the City Ethics Commission, although it doesn’t seem to have been used much. There is, e.g., this case from 2010 involving a Fire Inspector who charged money for successful inspections. This is the kind of thing one would expect to fall under this statute. However, there is also one high profile case pending right now which doesn’t seem ordinary at all. It seems quite unexpected. In 2014 LAPD Officer Jim Parker was among those who responded to a sex-in-a-car call involving Daniele Watts and her boyfriend. She accused the police of racism and brutality, and Parker anonymously leaked an audio recording of the incident, which exonerated the police. Subsequently, the Ethics Commission issued a public accusation against Parker for violating LAMC 49.5.5(A) on the theory that leaking the confidential audio recording, which he only had access to by virtue of his position, constituted a misuse which created a private advantage for himself.3
This is very encouraging. It seems that perhaps the Ethics Commission is willing to at least think about a broad application of this seemingly very broad law. And it’s an interesting thing about laws that no one can actually be sure what they mean, what the range of application is, until they’re repeatedly tested in the courts. Well, that’s not exactly right. If a court decides that people of average intelligence can’t be sure at all what the law actually prohibits or requires, they’re likely to toss it out as unconstitutionally vague. But, I guess, if people don’t know exactly what the law prohibits or requires, but average people could have realized that it potentially prohibits what they’re doing or requires what they’re not doing, then it’s not too vague, even if no one actually did realize those things.4 That’s the space I’m interested in exploring with respect to LAMC 49.5.5(A). And because I’m not interested in philosophical explorations any more I’m going to explore this issue by actually turning people in to the CEC to find out what happens, beginning with our old friend, Peter Zarcone. You can read some details after the break, and even get your very own copy of the complaint I sent the Ethics Commission the other day. Continue reading Announcing Our New LAMC 49.5.5(A) Project: Peter Zarcone And The HPOA Music Festival Fiasco Provide Raw Material For Our First Experimental Attempt At Seeing What This Law Actually Prohibits→
An image from a recent journey to the Fashion District, unrelated to anything discussed in this post or, for that matter, on this blog. Recall that last week we learned that settlement talks in the Street Vendors lawsuit seemed to have fallen through, that the plaintiffs filed an amended complaint, and that the City of LA denies everything.5 Well, today a couple more items6 hit PACER, which are:
Low income housing at 215 N Vermont Avenue. Note the distinctive lack of homeless people for VIPs to step over, thanks to the foresight and strongarm tactics of CD13’s Marisol Rodriguez and Juan Fregoso.Well, it turns out there’s this company called AMCAL Housing, and according to their about-us page they build affordable housing in exchange for tax breaks, or some such thing. They’re building a big project at Vermont and Beverly8 called the Meridian Apartments, and they broke ground officially on February 11, 2016, with Mitch O’Farrell scheduled to speak at the ceremony.
Thus, on February 1, 2016, Paige Horn of AMCAL Housing emailed Marisol Rodriguez, Dave Cano, Juan Fregoso, all of CD13, and some people from Korean Churches for Community Development, which is working with AMCAL on this project, telling them:
Thank you all for your participation in the Meridian Groundbreaking Event on Thursday, February 11th at 11am! … There should be ample street parking, however, I have reserved VIP Parking for all speakers at the lower parking lot of Hubbard College of Administration that can be accessed from Juanita Avenue.
Map of the area. (a) is the parking lot, (b) is the encampment. A speculative VIP path to the event is shown in purple. Click to enlarge.
But local knowledge counts for a lot. The very next day, our very own Juan Fregoso emailed Victor Gutierrez (#26802) with a cc to Matthew Ziegler (#34208)9 to report:
Hi Vic,
Here is the info for the event on the 11th.
Earlier this afternoon I spoke with Ernesto Vicencio, who is an LAPD investigator assigned to the Police Commission. He told me that the City Attorney either has sent or will soon send a letter to all Los Angeles Business Improvement Districts informing them that their security patrols are required to register with the Los Angeles Police Commission per LAMC 52.34.
This incredibly welcome development is a direct result of my discovery in the Summer of 2016 that it was likely that BID security registration had inadvertently ceased in 2000 due to an oversight. I don’t believe I mentioned it at the time, but in addition to writing a number of posts on the subject, I also sent a petition to the Police Commission asking them to look into the matter and to conclude that BID security ought in fact to register with them.
According to Officer Vicencio the City Attorney has decided to implement this request.13 This development is hugely important, not least because LAMC 52.34 requires private patrol services to have a procedure for investigating citizen complaints. It also grants the Police Commission a great deal of regulatory power over the activities of security patrols who are required to register.
Which brings us to the second stunning and absolutely unexpected thing that Officer Vicencio told me. You may recall that I recently reported on what seemed like a clear use of excessive force by members of the Andrews International Hollywood BID Patrol. Well, about three weeks ago I submitted a report on this matter to Kerry Morrison of the HPOA and also to the Police Commission, as instructed by the Commission’s executive director, Richard Tefank.
Shadowy BID consultant Teresa “Tara” Devine has what it takes! She is evidently 15% likeable, honest, and infested with what passes for integrity in BID consultancy circles.If you follow BIDs in Los Angeles you will know that the process for creating a new one is so fraught with weirdo technicalities that when a Councilmember wants to form one in their district, not only do they have to get together a bullshit astroturf front group made up of major campaign contributors, but they also have to hire a consultant to guide the BAFG through the labyrinth. Of course, this is anything but an adversarial process, and success is pre-ordained. However, if the requirements imposed by the State of California are not adhered to somewhat scrupulously, the new BID will be vulnerable to challenges by non-mainstream anti-BID malcontents.15 Thus the City has an interest in making sure that these consultants are competent.16
