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 Venice Beach Property Owners Association

Tara Devine at the Venice Beach BID hearing on August 23, 2016, a day on which she engaged in at least 2.5 hours of lobbying activity.
The TL;DR is that I believe that in the course of her consultancy with the Venice Beach BID, Tara Devine qualified as a lobbyist within the meaning of the Los Angeles Municipal Lobbying Ordinance, was therefore required to register with the Ethics Commission, and failed to do so, putting her in violation of the law. If you know what all those terms mean, you may want to go straight to the complaint (Warning: 23MB PDF). For a detailed explanation of the background, though, read on!

The key is found in Section 48.07, which states that “An individual who qualifies as a lobbyist shall register with the City Ethics Commission within 10 days after the end of the calendar month in which the individual qualifies as a lobbyist.” After all, anyone can search the Ethics Commission’s database and see that Tara Devine has never registered as a lobbyist. So the question is whether Tara Devine is “An individual who qualifies as a lobbyist.” This turns out to be a fairly complicated thing to determine.

The first place to start when interpreting any law is with the definitions. In the case of the Municipal Lobbying Ordinance (henceforth “MLO”) they are found at LAMC §48.02. In particular, we will find that the word “lobbyist”:

means any individual who is compensated to spend 30 or more hours in any consecutive three-month period engaged in lobbying activities which include at least one direct communication with a City official or employee, conducted either personally or through agents, for the purpose of attempting to influence municipal legislation on behalf of any person.

And in order to see whether this applies to Tara Devine, we need to understand the following terms:

  • Lobbying activities
  • Municipal legislation
  • Attempting to influence


And once we understand what those three phrases mean, we have to show that Tara Devine was paid for 30 or more hours lobbying on behalf of someone else. The details, as always, are after the break!
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Shadowy BID Consultant Tara Devine Seems To Get Paid About $80,000 For Establishing A BID, Which I Managed To Discover Despite The Fact That She’s So Darned Secretive

Shadowy BID consultant Tara Devine looks fate’s oncoming train straight in the eye.
There’s an unresolved problem in the application of the California Public Records Act to business improvement districts. The thing is that the Property Owners’ Associations which administer the BIDs are, in part, subject to CPRA because §36612 of the Property and Business Improvement District Law of 1994 makes them so, stating that:

“Owners’ association” means a private nonprofit entity that is under contract with a city to administer or implement improvements, maintenance, and activities specified in the management district plan. … an owners’ association shall comply with the California Public Records Act … for all records relating to activities of the district.

The problem is that the Owners’ Association doesn’t seem to be required to comply with CPRA until it actually is under contract with the City. This, if accurate, means that the activities of the POA before the BID is approved are largely opaque to scrutiny. And this has been a severe problem in the case of the Venice Beach BID, where a number of people, not just me, have had the experience of CD11 staff,1 City Clerk staff, and even freaking Holly Wolcott herself, falsely denying that the City is involved in the BID formation process at all and telling members of the public that they should therefore seek information from shadowy BID consultant Tara Devine. Tara Devine, of course, ignores all requests for information from anyone who seems to be even a little skeptical about the benefits of BIDs.

None of this is the final word on the matter. The only reason that the legislature even made BIDs subject to CPRA is that Aaron Epstein, a brave and determined property owner, sued the living shit out of the Hollywood Property Owners Alliance2 in the 1990s and the Courts determined, in a stunningly righteous decision, that BIDs were subject to both CPRA and the Brown Act. It’s quite possible, perhaps even probable, that if the courts were asked whether or not POAs were subject to CPRA before the contract was signed, they would find that they were. However, that’s not a struggle in which I presently have the resources to engage, so alternative methods of information collection are required.

Fortunately,3 Tara Devine is not a one-BID woman. See, in 2015 the South Park BID was up for renewal.4 The process of BID renewal is essentially the same as the process for BID establishment, with the huge difference that it’s carried out by a POA that’s already under contract with the City, and is thus subject to CPRA. And thus was it possible to gather surprisingly much information about how Tara Devine conducts her dangerous business!5 Continue reading Shadowy BID Consultant Tara Devine Seems To Get Paid About $80,000 For Establishing A BID, Which I Managed To Discover Despite The Fact That She’s So Darned Secretive

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Plaintiffs: Not Only Is Our Expert Philip King Really Really Expert With Respect To Calculating The Economic Cost Of Lunada Bay Boys Psychopathic Surf Localism, But Defendants’ Motions Challenging Expertise Are Unmitigated Fraudulent Bullshit

Philip King of San Francisco State, not just an expert on recreational economics. but a really exceedingly extraordinarily expert expert!
For background take a look at this excellent article from the Times on this lawsuit.

Oh boy! No doubt you recall that in January, the plaintiffs filed a declaration of Philip King in which King, a professor of economics at San Francisco State who studies coastal recreational economics. King made a preliminary calculation of the economic damage caused by the aggressively psychopathic surf localism of the Lunada Bay Boys at around $50,000,000 since 1970.

Well, a couple weeks ago some of the defendants, namely the City of Palos Verdes Estates and their fine upstanding police chief Jeff Kepley came back on the plaintiffs with a bunch of pleadings claiming that Philip King didn’t have the first idea what he was talking about and asking the court therefore to toss out his declaration and stuff. Tonight the plaintiffs responded with three new items arguing against this and also accusing the defendants of practicing some kind of technical subterfuge on the court by filing a motion to strike and engaging in bad-faith meet-and-confers prior to filing the motion. Links and summaries after the break.
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Minutes and Agendas From Wilshire Center BID 2015-2016, In Which We Learn, e.g., That The LAPD Is Attempting To Mitigate Homelessness Amongst Mentally Ill Criminals By Being “Nurturing” and “Helping Out By Giving Socks”

A beautiful office building at 3701 Wilshire Boulevard which, I think, is in the Wilshire Center BID.
A super-short note to announce the availability of two years worth of minutes and agendas from the Wilshire Center BID Board of Directors. These are available both via Archive.Org and also in local static storage. These are interesting for the usual reasons, e.g. understanding connections between BIDs and City agencies, what BIDs are up to with respect to public policy, and so forth. And, as usual, there’s also some weirdness to mock, although, sadly, nothing even approaching the real-estate-agents-on-acid weirdness of the Pacific Palisades BID. For instance, in the October 2015 minutes we read:

The question of why homelessness is worsening was discussed. Early release of criminals, mental illness, and service resistant individuals are some of the major reasons. By using a nurturing approach, more of the homeless may be helped. Getting to know individuals, helping out by giving socks, asking if they would like help, are some of the ways the LAPD is breaking through.

The principle of charity leads me to assume that these are the kind of socks one wears on one’s feet rather than the kind one might expect the LAPD to be handing out to the homeless if one were to consider their long, long history of violence.

By July 2016 we have learned that the BID is working with its Council Offices, but they don’t know how to spell David Ryu’s name and they seem to think Herb Wesson’s name is Justin:6
The BID will continue to work closely with the LAPD and the Council Offices, CD4 (Councilman David Ru) and CD10 (Justin Wesson) to help mitigate problems in our area.

Finally, if you’re interested in extreme CPRA geekery, turn the page for a brief discussion of how the WCBID violated the law by exporting these minutes from Microsoft Word as PDFs, sending me only the PDFs, and then refusing7 to send me the Word documents.
Continue reading Minutes and Agendas From Wilshire Center BID 2015-2016, In Which We Learn, e.g., That The LAPD Is Attempting To Mitigate Homelessness Amongst Mentally Ill Criminals By Being “Nurturing” and “Helping Out By Giving Socks”

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LAPD Officer Stuart Jaye, Accused Of Interfering With Photographer Shawn Nee, Will No Longer Be Represented By City Attorney, Hires Stacey Koon’s Old Lawyer, Thomas J. Feeley, Instead

Hollywood Division officer Stuart Jaye, blocking photographer Shawn Nee on July 5, 2015.
Recall, if you will, that in July 2016 Carol Sobel filed suit in federal court on behalf of Los Angeles photographer Shawn Nee against the City of LA, Charlie Beck, and various LAPD officers, including Hollywood Division stalwart Stuart Jaye, famously dubbed Officer A-Hole by the incomparable Jasmyne Cannick.

Jaye had been represented by Deputy City Attorney Surekha A. Pessis, but change is in the air. Last night this request for withdrawal and substitution of attorney was filed, notifying the court8 that Pessis would no longer represent Jaye, whose lawyering will be in the future handled by veteran cop defender Thomas J. Feeley. Feeley, of course, famously represented King-beater Stacey Koon in the civil case arising from that incident, causing some minor controversy in the process. According to Feeley’s website, he

… has particular expertise in police misconduct litigation defense as well as extensive experience in major municipal law, personal injury, civil rights, employment and contract disputes.

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