Police Commission Investigation Into Excessive Force Allegation Against BID Patrol Concludes That “No Violations Of Law Occurred Or Other Improper Behavior” But Crucial Precedent Is Set Nevertheless

Richard Tefank, Executive Director of the LA Police Commission.
Here’s the story so far: In November 2015 the BID Patrol attacked a homeless man while in the process of arresting him. It really looks like excessive force, so, at the direction of Richard Tefank, Executive Director of the Police Commission, in September I submitted a complaint to him and also to Kerry Morrison.1 As I reported two months ago, the Police Commission agreed to investigate my complaint, and assigned it to Officer Ernesto Vicencio.

Well, just yesterday I received a letter from Richard Tefank informing me that the investigation was complete and that they had found no wrongdoing on anyone’s part.2 This is disappointing, to be sure, because, as would all sane, right-thinking individuals, I would like to see the BID Patrol jailed, fined, and shut down, and it seems really, really, really clear that those BID Patrollies are breaking the law. However, it’s not that disappointing, because a clear and transcendently important precedent has been set, which will have lasting consequences for the future of BIDs in our City.
Continue reading Police Commission Investigation Into Excessive Force Allegation Against BID Patrol Concludes That “No Violations Of Law Occurred Or Other Improper Behavior” But Crucial Precedent Is Set Nevertheless

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Is This The End Of “Deference” In The LA City Council? PLUM Committee Submits Historic Bank Designation To Council “Without Recommendation” Even Though David Ryu Explicitly Supports It

Julia Duncan, David Ryu’s planning deputy, spoke at PLUM in favor of a historical designation for the Lytton Savings building, but the committee forwarded the matter to Council without a recommendation. What can it mean?
Oh, the irony! Here’s the deal. It’s well known that Los Angeles City Council members never vote against land use matters in one another’s districts. This allows them to guarantee their campaign donors that they’ll be able to get their projects approved. The principle is called “deference” — they defer to one another with respect to their districts. This corrupt system is the basis for a lawsuit against the City by some Valley residents. In their pleadings they quote Councilman David Ryu’s disconcertingly honest explanation of how it works:

Councilmember David Ryu has described the Vote Trading Pact as one of “respect” for other Councilmember’s Council Projects and in return he expects the same “respect” for his Council Projects.

“For someone to come in at the tail end and to disagree with my recommendation after meetings with the community on dozens of occasions and with other city departments and after I have involved stakeholders,” doesn’t make sense, he said. “I might make a decision…and my colleagues respect it. Even if they might disagree with my decision, they abide by it because they were not there during those community meetings.” Los Feliz Ledger September 1, 2016

The next piece of today’s puzzle has to do with the proposed Frank Gehry megaplex at 8150 Sunset Blvd., recently approved by the LA City Council over vigorous opposition from everyone who’s not being paid to support it. Part of the problem with the building is that it’s on the site of a beautiful modernist bank building.3 The Los Angeles Conservancy has filed suit against the City in an attempt to force them to preserve the building.4 and they’re also pushing for the bank’s designation as a Los Angeles Historic-Cultural monument. This tactic seems to be supported both by people who want to save the bank and by people who want to stop the 8150 Sunset project.
Continue reading Is This The End Of “Deference” In The LA City Council? PLUM Committee Submits Historic Bank Designation To Council “Without Recommendation” Even Though David Ryu Explicitly Supports It

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Evidently a Settlement Has Been Finalized in LA Catholic Worker, LA CAN v. City of LA, Central City East Association

According to a document filed mere moments ago with the court, all parties to LA Catholic Worker and LA CAN v. City of LA, CCEA have agreed on a settlement. The terms of the settlement have not yet been announced, but they will be going to the LA City Council for approval “in the near future.” If you’re PDF-averse you can read salient selections after the break.
Continue reading Evidently a Settlement Has Been Finalized in LA Catholic Worker, LA CAN v. City of LA, Central City East Association

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The Revenge Of Brandi Scimone-Pearson’s Horse: Jasmyne Cannick Sues City of Los Angeles, Charlie Beck, Alleging Retaliation For, Inter Alia, Her My-Little-Ponygate Stories

Jasmyne Cannick.
The Los Angeles Times reported yesterday that the most excellent local LAPD critic Jasmyne Cannick5 filed suit against the City of Los Angeles and LAPD Chief Charlie Beck last week. The suit alleges, completely plausibly, that the LAPD arrested her during November 2014 protests about the shooting of Michael Brown, the same series of protests, incidently, which gave rise to Chua v. City of LA, in retaliation for her highly critical reporting on the LAPD in general and Charlie Beck in particular.6

Anyway, the Times story is great as far as it goes, but, as usual, it doesn’t contain much of the wonky details that we love around here. It doesn’t even mention that the suit was filed in Federal Court. But it was, and I went out and got copies of the primary sources:

I’ll collect filings here in static storage, which you can also get to kind of from the menu structure. At some point in the next few days I’m going to reorganize the Lawsuits submenu, and at that time I’ll probably add a dedicated page for these records. Read on for some selections if you don’t like PDFs.
Continue reading The Revenge Of Brandi Scimone-Pearson’s Horse: Jasmyne Cannick Sues City of Los Angeles, Charlie Beck, Alleging Retaliation For, Inter Alia, Her My-Little-Ponygate Stories

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Open Letter to the Los Angeles City Ethics Commission on the proposed stipulation in Case No. 2016-13, In the Matter of Marie Rumsey

Herb Wesson being way, way, way too friendly with Marie Rumsey on November 17, 2015.
Herb Wesson being way, way, way too friendly with Marie Rumsey on November 17, 2015.
I reported on Friday that the City Ethics Commission is slated to consider the case of Marie Rumsey, formerly of CD13 but now working as a lobbyist for the Central City Association, and her repeated violations of the City’s revolving door ordinance, found at LAMC 49.5.13(C)(1). As I noted then, she admitted guilt and excused herself in a particularly implausible way, according to the CEC’s report:

Rumsey received inaccurate legal advice from CCA’s former legal counsel and mistakenly believed that she could attempt to influence any City agency except Councilmember O’Farrell’s office.

Well, I’ve been thinking and thinking about it, and it occurred to me that, since Rumsey spoke before the Council a number of times, it ought to be possible to track down evidence that she had actually attempted to influence Darth Four-Eyes7 himself. So the first piece of evidence I found was this speaker card from the City Council meeting of November 17, 2015. Marie Rumsey signed up to speak on CF 14-1656-S1.8 Next, I had to track down the item on the Council video of that meeting. Well, I did track it down, and here is a link right to her comment. Not only does she address the Council in violation of the law, not only does Mitch O’Farrell end up voting yes on the matter before the Council after she asked him to in violation of the law, but Herb Wesson, who really ought to know better, welcomes her before she violates the law by saying “Ms. Ramsey, [sic] welcome home, good to see you.”

Well, that’s too much. Not only was it against the law for Marie Rumsey to be speaking in front of the Council, not only does it make a mockery of her explanation that her lawyer told her she was only forbidden from trying to influence Mitch O’Farrell’s office,9 but it shows Herb Wesson to be an even bigger idiot than previously suspected. Thus I resolved to write to the Ethics Commission urging them to reject their staff’s proposed stipulation, carry out further investigations, charge Marie Rumsey with ALL of her violations of the revolving door ordinance, and to consider whether Wesson and/or O’Farrell were in violation of LAMC 49.5.16(A)(1)(c), which prohibits aiding and abetting violations of the rest of the Government Ethics Ordinance. So I spent this evening writing this letter to the CEC and submitting it as a public comment for Tuesday’s meeting.10 You can also read it after the break if you’re on mobile or for some other reason prefer not to deal with a PDF.
Continue reading Open Letter to the Los Angeles City Ethics Commission on the proposed stipulation in Case No. 2016-13, In the Matter of Marie Rumsey

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Carol Schatz: “I will always be the Queen of Downtown. Make no mistake about that!”

Carol Schatz being crowned queen of Downtown by the LA County Board of Supervisors in October 2016.
Carol Schatz being crowned queen of Downtown by the LA County Board of Supervisors in October 2016.
We still have not had time to read through the vast dump of Fashion District BID emails that I recently published on the Archive, but we’re working on it. This morning, though, while reading through the endless bitching and moaning, I happened to notice this little gem from January 2016. It’s an email about her impending retirement as president and CEO of the nightmare horror show Central City Association, in which she states:
Here's another famous queen who vowed never to relinquish her title, depicted in the act of having it forcibly explained to her that it's not always possible not to relinquish such things.
Here’s another famous queen who vowed never to relinquish her title, depicted in the act of having it forcibly explained to her that it’s not always possible not to relinquish such things.

Lastly, while there will be some changes in my responsibilities, there is one title I will never relinquish: I will always be the Queen of Downtown. Make no mistake about that!

Of course, everybody else already reported on this like a year ago, but then, no one11 reads this blog for up-to-the-minute reporting! Anyway, the queen is dead, Long Live the Queen!
Continue reading Carol Schatz: “I will always be the Queen of Downtown. Make no mistake about that!”

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City of Los Angeles Sued Over 8150 Sunset Blvd, Also Vast Collection Of Stay-Away Orders For Hollywood Entertainment District Arranged By Neighborhood Prosecutor Jackie Lawson And Others

8150 Sunset Blvd. rendering.
8150 Sunset Blvd. rendering.
Although I don’t really have time to cover land use issues here, sometimes they have an intersection, however tenuous, with public records activity. Also, since BIDs are universally in favor of all development, no matter how illegal or stupid it might be, and they talk about it incessantly at their meetings in between planning to deport homeless people to Manzanar or whatever, it seems useful to collect some material on these issues here. One such instance is the stupidly huge development at 8150 Sunset Blvd.,12 recently approved by the LA City Council over the objections of freaking everybody.

So an organization called Fix the City13 sued the City on Thursday14 over various aspects of the 8150 Sunset project.15 I’m going to collect the filings on this case, starting with the verified petition filed Thursday, and you can get them via the menu structure or also:

Also, you may recall that in February 2015 I asked the LAPD for material on stay-away orders for the Hollywood Entertainment District. By October of this year they had not yet even responded to my request, leading to my filing a complaint with LAPD internal affairs over this dereliction of duty. There’s no news on the complaint yet,16 but they did finally send me a bunch of the actual orders. There’s a lot of material here, so for now they’re only available via our Archive.Org collection. I hope to write on this fairly soon, but perhaps you can already see just how vitally important this information is. Turn the page for a few preliminary17 considerations.
Continue reading City of Los Angeles Sued Over 8150 Sunset Blvd, Also Vast Collection Of Stay-Away Orders For Hollywood Entertainment District Arranged By Neighborhood Prosecutor Jackie Lawson And Others

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How The City Of Los Angeles Arranges For Itself To Be Lobbied By BIDs Even Though The City Attorney Requires Most City Contractors To Be Explicitly Forbidden From Lobbying The City By Means Of A Contract Clause

Kerry Morrison not thinking of herself as a lobbyist, even though she does lobby and the City of Los Angeles encourages her to lobby.
Kerry Morrison not thinking of herself as a lobbyist, even though she does lobby and the City of Los Angeles encourages her to lobby.
Issues surrounding business improvement districts and the Los Angeles Municipal Lobbying Ordinance have been fraught with controversy at least since 2009, when the Los Angeles Ethics Commission submitted a comprehensive report to City Council proposing a series of reforms to the law.

One minor part of their proposal would have clarified without altering the application of these laws to business improvement districts which then, as now, are almost certainly required to register as lobbyists, even though none of them do nor have they ever. This minor clause in a major reform proposal kicked off a whirlwind of mouth-slavvery craziness on the part of the BIDs, which ended with Eric Garcetti effectively killing the CEC’s proposal in 2010 for no good reason other than that Kerry Morrison giggled at him in a committee meeting.18

So it was with a great deal of interest that I read in this Power Point thing from 2012 that, according to Miranda Paster, who is in charge of the division of the Los Angeles City Clerk’s office which oversees BIDs, that she considers part of her duties under the heading of “Optimal Government/Taxpayer BID oversight” to be to “encourage BIDs to lobby council members.”19 Continue reading How The City Of Los Angeles Arranges For Itself To Be Lobbied By BIDs Even Though The City Attorney Requires Most City Contractors To Be Explicitly Forbidden From Lobbying The City By Means Of A Contract Clause

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Lobbyist-Loving Ethics Commissioner Ana Dahan Is Out! Also Tons, Scads, Oodles, And Beaucoup De Fashion District BID Emails!

Lobbyist-Loving Erstwhile Los Angeles City Ethics Commissioner Ana Dahan on August 9, 2016.
Lobbyist-Loving Erstwhile Los Angeles City Ethics Commissioner Ana Dahan on August 9, 2016.
Here are a couple unrelated announcements with which to begin another fine, windy weekend.

First, recall that lobbyist-loving ethics commissioner Ana T. Dahan was appointed to the Commission by Eric Garcetti in November 2014 to finish the remainder of a term, and then permanently a year later. Well, according to a report scheduled to be presented by Ethics Commission executive director Heather Holt at Tuesday’s Commission meeting, Ana Dahan has resigned:

We said farewell to Commissioner Dahan this month. She was appointed by Mayor Eric Garcetti in 2014, and we deeply appreciate the time she devoted to the Ethics Commission and her contributions to our enforcement and policy work. We wish her well as she embarks on a new career.

No word yet on her new career, although perhaps it is something to do with lobbying?

Finally, a ton of email from the Fashion District BID, thoughtfully and comprehensively provided to MK.Org by the ever-helpful Rena Masten Leddy. Turn the page for links and some description.
Continue reading Lobbyist-Loving Ethics Commissioner Ana Dahan Is Out! Also Tons, Scads, Oodles, And Beaucoup De Fashion District BID Emails!

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Probably On Basis Of Our Complaint, Scofflaw Lobbyist Marie Rumsey Has Been Nailed By Ethics Commission For Violating Post-Employment Restrictions, Provides Pathetically Implausible Excuse, Enforcement Staff Recommends She Be Let Off With Wrist Slap

Marie Rumsey in happier days at CD13 before she got hired on at the Central City Association and turned to a life of crime, infamy, and outlawry.
Marie Rumsey in happier days at CD13 before she got hired on at the Central City Association and turned to a life of crime, infamy, and outlawry.
My colleagues and I reported in January 2016 that former Mitch O’Farrell aide Marie Rumsey appeared to be in violation of Los Angeles Municipal Code §49.5.13.C.1. A few weeks later I submitted a report on the matter to the City Ethics Commission. Well, last night the CEC published its agenda for the December 6 meeting and, lo! A stipulation in the matter of Marie Rumsey is Item 5!

I submitted evidence of three violations, although there were clearly many others. They tagged her for two of them. She admitted that she’d broken the law, but gave as an exceedingly lame excuse that… well, let the CEC tell it:

Rumsey received inaccurate legal advice from CCA’s former legal counsel and mistakenly believed that she could attempt to influence any City agency except Councilmember O’Farrell’s office.

Because of this and because of her cooperation, CEC staff is recommending leniency:

The maximum administrative penalty for a violation of the City’s post-employment laws is the greater of $5,000 or three times the amount of compensation that was improperly received. Los Angeles City Charter § 706(c)(3). In this case, the two counts against Rumsey result in a maximum penalty of $14,250. We recommend a penalty of $7,125, which is equal to 50 percent of the maximum in this case. We believe the recommended penalty is appropriate, because it takes into consideration the serious nature of the violations while also encouraging cooperation with Ethics Commission investigations and the early resolution of violations.

These offers of 50% of the fine seem to be standard for people who cooperate with the CEC. And the $7,125 isn’t pocket change, even if the CCA ends up paying it for her.20 In this case, though, I think such a low offer is a mistake, not least because on analysis her excuse turns out to be unsupportable. For details on this, and some other interesting matters regarding this case, read on!
Continue reading Probably On Basis Of Our Complaint, Scofflaw Lobbyist Marie Rumsey Has Been Nailed By Ethics Commission For Violating Post-Employment Restrictions, Provides Pathetically Implausible Excuse, Enforcement Staff Recommends She Be Let Off With Wrist Slap

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