Annals Of Utter Abject Mind-Numbing Shamelessness — Morrie Goldman Wants To Know If Gil Cedillo Will Be At PLUM Next Week — Cause He Needs Him For A Quorum — Cause Englander Is Gonna Be Out — Debby Kim Has Nothing More To Say Beyond “He Will Be There :)” — Yes, The Smiley Face Is Part Of The Quote — Even The Damn Rats Are Embarrassed At This Point

Background first. There’s Morrie Goldman. Lobbyist who runs Urban Solutions LLC, a lobbying firm. Famously caught up in the slow motion putrefaction of what was, at one time, known as Jose Huizar’s political career. Well-known friend of Gil Cedillo, at least as the word is understood at 200 N. Spring Street. Favor asker. Supplicant. Then there’s Gil Cedillo. Career politician. Wielder of vast power. Mover. Shaker. Favor granter. Supplicatee.

Or, you know, that’s how I always thought things worked in City Hall. The Councilmembers were in charge and the lobbyists asked them for goodies on behalf of clients and paid them off for their cooperation. But I recently obtained a steaming heap of emails between CD1 staffers and various lobbyists, and amongst them was this email conversation from 2015 between Morrie Goldman and Cedillo chief of staff Debby Kim1 which forces a quantum-level re-envisioning of that narrative, featuring Morrie Goldman as Keyser Soze and Cedillo with nothing more than some kind of walk-on role in his own career.

The whole exchange is just four emails long. Only the first two really matter. A week before the meeting, Goldman emails Kim to ask if Cedillo will be at PLUM on June 23, 2015. He says “We have an item coming to PLUM that day and need him for a quorum. Englander is out.” Kim’s reply? “He will be there :)” So yeah, in case you hadn’t realized, lobbyists don’t only tell Councilmembers how to vote and then deliver payola in return. They also call roll in advance and make sure the reps show up when they’re needed to vote. It’s unexpected and creepy at the same time.

And conceivably it’s also a Brown Act violation, since at that time the entire PLUM committee consisted of Jose Huizar, Cedillo, and Englander. Communications through intermediaries between a majority of the members, which would be two of them, constitutes an illegal serial meeting.2 So Goldman insinuating to Cedillo’s staff that Englander would have voted in favor is probably not OK. The statute of limitations is long gone, though.

And of course, the question of what issue Goldman needed Cedillo present to vote on is an essential one. I don’t yet know for sure, but here’s the PLUM agenda from June 23, 2015. The only matter on there of any consequence is CF 15-0721, which has to do with a CEQA appeal against the AMPAS project on Wilshire, which is likely to be the vote Goldman was worried about. Oh, one more thing! Notice how Goldman doesn’t even have to ask how Cedillo’s voting? That’s all been settled already.

And that’s the sordid little story of who’s calling the shots in the relationships between lobbyists and their pet councilmembers. Turn the page for a transcription of the emails themselves, so ordinary and yet so shocking.
Continue reading Annals Of Utter Abject Mind-Numbing Shamelessness — Morrie Goldman Wants To Know If Gil Cedillo Will Be At PLUM Next Week — Cause He Needs Him For A Quorum — Cause Englander Is Gonna Be Out — Debby Kim Has Nothing More To Say Beyond “He Will Be There :)” — Yes, The Smiley Face Is Part Of The Quote — Even The Damn Rats Are Embarrassed At This Point

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A Tale Of Two Lunches! — How Gil Cedillo Invited Then-USC-President Max Nikias To Lunch In 2017 “To Catch Up On All Things” — And They Were Gonna Eat At The California Club — But USC Staffer Catherine Kuriyama Told Cedillo’s Chief Of Staff Debby Kim About Gift Reporting Laws — And Debby Kim Was All Like Don’t Wanna Report That Lunch! — And No Wonder I Guess Since Cedillo Has Accepted More Than $10K In Gifts From Lobbyists During His Time On The City Council — Including Another Lunch With Max Along With Debby Kim And Jay Cortez Which Did Get Reported — Cause Cedillo Only Paid Two Dollars For It

When lobbyists spend money on officials in Los Angeles the LAMC at §48.04 requires them to report it to the Ethics Commission.1 And for any number of reasons lately I’ve been really interested in Gil Cedillo. So here’s a list of all reported expenditures that benefitted Cedillo since he took office in 2013, total $10,229.39.2 Sadly, these disclosure forms don’t require any detail really, so if we want to learn what went on we have to request records.

But, as you know, that’s what we live for around here! It’s a slow process, though, and we won’t understand everything on that list for a while yet. However, I did recently acquire a bunch of emails between CD1 and the University of Southern California, and these shed some interesting light on two lunches enjoyed over the years by Cedillo in the company of then-USC-president Max Nikias, now no-confidenced right out the door.3 One of them is on the disclosure form and the other is not. This is the story of those two lunches.

The first lunch, which took place on September 28, 2017 at the California Club, was instigated by Cedillo himself. The story is told in this extraordinarily disorganized string of emails. And when USC informed Cedillo staffer Debby Kim4 that the lunch was worth $39 and that they would have to report it to the Ethics Commission unless Cedillo reimbursed USC for the food, Kim flipped out to some extent and asked to change the venue to some place where it wouldn’t have to be reported. USC told her that if Cedillo reimbursed them for it they wouldn’t have to report, which she said CD1 would do. Evidently CD1 did, or something, because this lunch doesn’t appear on the disclosures linked to above.

The second lunch, in April 2018, was at the request of Nikias himself, and is revealed in this also-scrambled email conversation. Cedillo planned to bring along Kim and his communications director Jay Cortez. USC told Kim that the lunches were worth $34 each, so that the three of them would be valued at $102. There’s a limit of $100 per calendar year,5 so USC also told Kim that they’d have to pay back $2 to keep it legal. Charmingly,6 neither Kim nor USC wanted to bother Max Nikias with these street-level legalities nor to dirty his august hands with cash money, so that even though Kim brought the money to lunch, no one was there to accept it and she evidently had to mail it in later. This lunch does in fact appear on the disclosure list with a value of $100, so evidently the money did dirty someone’s hands, maybe august, maybe not.

That’s the short version, and turn the page for the long version along, of course, with transcriptions of the essential parts of the conversation, helpfully rearranged into a sensible order for ease of reading!
Continue reading A Tale Of Two Lunches! — How Gil Cedillo Invited Then-USC-President Max Nikias To Lunch In 2017 “To Catch Up On All Things” — And They Were Gonna Eat At The California Club — But USC Staffer Catherine Kuriyama Told Cedillo’s Chief Of Staff Debby Kim About Gift Reporting Laws — And Debby Kim Was All Like Don’t Wanna Report That Lunch! — And No Wonder I Guess Since Cedillo Has Accepted More Than $10K In Gifts From Lobbyists During His Time On The City Council — Including Another Lunch With Max Along With Debby Kim And Jay Cortez Which Did Get Reported — Cause Cedillo Only Paid Two Dollars For It

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BIDs Unmasked! — I’m Speaking On BIDs Next Saturday — 3-5 p.m. — UTLA Building — 3303 Wilshire — Graciously Hosted By The Democratic Socialists Of America Los Angeles — And NOlympics Los Angeles

I’m speaking about BIDs on Saturday, February 16, from 3-5 p.m. at the UTLA building at 3303 Wilshire (just west of Vermont), hosted by the Democratic Socialists of America — Los Angeles and NOlympics Los Angeles.

It’s an introduction to BIDs for activists, focusing on how they collude with the City to oppress, to privatize, and to weaponize pretty much every aspect of public life that they can’t destroy.

It seems also that this is also on the Facebook. I hope to see you there!

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How Huizar-Connected Lobbyist Tony Cabral Helped Ultra-Corrupt Beverly Hills Zillionaire Michael Delijani Lobby Gil Cedillo In 2017 To Encourage Amazon To Build Their Ruinous HQ2 Project In CD1 — Where Delijani Evidently Owns A Bunch Of Land — Which, According To Cabral, “Would Represent The Best Site For Such A New Campus”

Man, it’s been a while since I’ve thought about über-corrupt Beverly Hills zillionaire Michael Delijani, who, in early 2017, you may recall, proudly took a place along with his Downtown gentrification buddies in the front lines of the bloodthirsty covert battle to subvert the Skid Row Neighborhood Council. Delijani is also famous for his criminal friends, like for instance disgraced jailbird former LA County tax assessor John Noguez, for whom Delijani hosted actual bribe-giving parties at his secret zillionaire lair in Beverly Hills.

Now, think back to September 2017, when Amazon announced a national contest whose prize would be Amazon’s auxiliary headquarters and zillionaires and their pet politicians in metropolitan areas all over the country were all afroth with their ante-hatch egg counting while visions of gratuitous tax incentives, overflowing entitlements, gentrification, and less affordable housing danced in their greedy little heads like so many sugar-PLUMs.

And Delijani, who is one of those guys who owns stuff for a living, evidently owns a lot of land in Gil Cedillo’s racketeery fiefdom, CD1. And Delijani has a notoriously greedy little head, notoriously vision-dancing-achock, wherein wet dreams of Amazon’s headquarters could evidently flourish. Or that’s the news revealed by this newly obtained set of emails betweed CD1 staffers Debbie Kim and Gerald Gubatan and various lobbyists working for Michael Delijani.

See in particular this lengthy exchange between Debbie Kim, who is Cedillo’s chief of staff, and Tony Cabral, who’s some kind of high voltage zillionaire minion, also famous for being thanked by Jose Huizar his own self on the Twitter on the occasion of Ms. Jose’s announcing her short-lived candidacy to replace her soon-to-be-indicted hubby-pie. The unctuous Cabral kicked it off with an email seeking a meeting between Delijani and Cedillo, the subject of which was to be:

Amazon’s search for a new 2nd major headquarters where they are looking to accommodate up to 50,000 new employees. Michael Delijani believes that his existing property, along with other land around it, all within the 1st District, would represent the best site for such a new campus.

And with the recent news that activist opposition to Amazon’s death-star-landing-zone plans for Brooklyn may have succeeded in provoking them to reconsider their choice of location, perhaps Delijani will get another chance to consummate his erotic land-use fantasies. I’ll be here with the goodies if so. Meanwhile, turn the page to read a transcription of the whole nauseating discussion. And, while reading, just imagine yourself trying to get an appointment to meet with Gil Cedillo. It’s not gonna work out like this, I promise you that!
Continue reading How Huizar-Connected Lobbyist Tony Cabral Helped Ultra-Corrupt Beverly Hills Zillionaire Michael Delijani Lobby Gil Cedillo In 2017 To Encourage Amazon To Build Their Ruinous HQ2 Project In CD1 — Where Delijani Evidently Owns A Bunch Of Land — Which, According To Cabral, “Would Represent The Best Site For Such A New Campus”

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Los Angeles Police Department Sued To Enforce Compliance With California Public Records Act — At Issue Are Two Classes Of Records — Both Of Which LAPD Claims Are Investigative And So Exempt From Release — First Are Private Person’s Arrest Forms — Necessary To Track BID Patrol Arrests — Second Are Reports From RPPICS — Some Kind Of Top Secret Cop Tracking And Discussion System — Putatively For Anti-Terrorism

The LAPD has been notoriously bad at complying with the California Public Records Act. So much so that in 2017 the ACLU sued them for systemic violations of the law, which is in addition to any number of small-scale suits based on individual violations, like e.g. Stop LAPD Spying has had to sue them twice, once in 2015 and again in 2018.

These suits were based on the LAPD’s longstanding habit of completely ignoring CPRA requests, often for years at a time. However, since the City of LA started using the NextRequest CPRA platform the LAPD has gotten quite a bit more responsive, although they can still take a maddeningly long time to respond and produce records.

This welcome improvement in LAPD responsiveness does not mean that all is well in Cop-CPRAlandia. They will still arbitrarily deny requests and then cut off the conversation, and they did this to me twice in 2018. Sadly, the CPRA provides no recourse at all for arbitrary unjustified denials beyond the filing of a lawsuit,1 which is what the path I was forced to follow by the LAPD’s extraordinary and unsupportable intransigence. You can read the complaint here, written by the incomparable Abenicio Cisneros, and/or see transcribed selections below the break.

There are two issues at stake. In the first place, remember back in 2016 when Kerry Morrison and her merry gang of curb-stomping thugs at Andrews International Security altered their contract to be able to withhold public records from me? That left me with no way to tell exactly who said curb-stomping thuggie boys arrested, information they naturally wanted to obscure from me because they tend to arrest the wrong people and rather than mend their ways they prefer to cover up their misdeeds.

But last year I discovered that every time the BID Patrol arrests someone they fill out a form for the LAPD. Here is an example of one. As it’s essential to find out not only how many arrests the BID Patrol makes2 but who they’re actually arresting, I requested that the LAPD give me all of these forms from Hollywood from 2018. They refused, and that is my first cause of action.

The other issue has to do with some Orwellian slab of web app crap known as the Regional Public Private Infrastructure Collaboration System. I learned about this from some emails I got from the Downtown Center BID in response to a CPRA request. You can see the emails here on Archive.Org, but they’re not that interesting. They mostly just announce that new information is available on RPPICS, and since they won’t give up the goods, there’s no way to tell what that is.

But this kind of public/private collaboration sharing between police and security is famous for being misused for political surveillance and other illegal and antihuman activities. The LAPD and private security already get up to enough of this in open emails, as does the freaking BID Patrol. Imagine what they’re doing in secret. But we don’t have to imagine, we can make CPRA requests! Which is what I did, asking LAPD for a year’s worth of postings so as to learn what the heck these people were up to in their little secret world. Again, they denied my request, and this is my second cause of action.

And turn the page, if you will, for a few technicalities about the LAPD’s exemption claims and transcribed selections from the petition itself.
Continue reading Los Angeles Police Department Sued To Enforce Compliance With California Public Records Act — At Issue Are Two Classes Of Records — Both Of Which LAPD Claims Are Investigative And So Exempt From Release — First Are Private Person’s Arrest Forms — Necessary To Track BID Patrol Arrests — Second Are Reports From RPPICS — Some Kind Of Top Secret Cop Tracking And Discussion System — Putatively For Anti-Terrorism

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Emails From New Los Angeles Charter Schools About The UTLA Strike Shine Some Light On Various Interesting Matters — Uncomfortable New LA Charter Co-Location At Baldwin Hills Elementary School Will Probably End Soon Due To Tensions Exposed By Pickets — “We Are Not Welcomed There” Says New LA Charter Boss Brooke Rios — Speaking Of Pickets, New LA Charter Staff Filmed UTLA Strikers At Baldwin Hills Elementary — And Copies Of CCSA Anti-Union Propaganda And Some Info About Astroturf Demonstration — And A Poignant Little Episode — New LA Charter Teachers Quasi-Union Asks Rios If They Might Please Also Maybe Get A Raise Too If UTLA Does — Pretty Please?

I hadn’t thought much about charter schools in Los Angeles for quite a while, but as happened for many people the dazzling success of the UTLA strike brought them back into my attention. Combine that with the fact that they are subject to the California Public Records Act and the next step was inevitable! And the first of the many many requests I have out came in recently! Part of which I wrote about the other day!

After a little of the usual back and forth about what’s required by the law, New Los Angeles Charter Schools head honcho Brooke Rios actually did hand over the goods. And thus did I drag myself all the way out to the corner of Washington and Burnside, where they have their secret headquarters, and sit in the office of operations director Xochitl Lira and scan a ton of paper! And it’s all available on Archive.Org!1

I chose New LA because of this fine LA Taco article by Daniel Hernandez about the tensions created by that school’s so-called co-location on the campus of Baldwin Hills Elementary School. To summarize Hernandez’s piece is to degrade it, so read it, but co-location, in which LAUSD schools are forced by the 2000 Proposition 39 to yield space to charter schools if it’s not actually being used to house an actual class, is the main site of contention.2

It has really hurt the LAUSD schools who lose space to charters. And the space lost to New Los Angeles Charter was a big issue with UTLA picketers at Baldwin Hills Elementary, who shouted slogans like “Privatization leads to segregation” and “Privatizers take a hike!” And, according to some of the emails I obtained today, it looks like the pickets were successful in that New Los Angeles will be looking for a new space for next year.

The emails also demonstrate the tension there during the strike, with police being called, with New LA staff filming the picketers, and so on. There are links and transcriptions below the break. Also below the break are links to a wide variety of fascinating emails about other strike-related topics. There are propaganda pieces from the California Charter Schools Association, giving talking points, tips for handling worried parents, polemics on how bad it is that everyone hates charter schools, and so on.

There are rumors about charter school kids being targeted on public transportation and so on, leading New LA to suspend its dress code during the strike, there are organizational communications having to do with the astroturf pro-charter rally that the CCSA organized outside the LAUSD board meeting where a recommendation for a charter cap was voted on.

And, most poignant of all, there’s a pleading letter from something called “The Teacher Collective” asking Brooke Rios in a markedly subservient tone if New Los Angeles teachers will also get a raise if the UTLA teachers win one in their strike. Sounds like some folks are ripe to be organized! Turn the page for links to everything and transcriptions of some things!
Continue reading Emails From New Los Angeles Charter Schools About The UTLA Strike Shine Some Light On Various Interesting Matters — Uncomfortable New LA Charter Co-Location At Baldwin Hills Elementary School Will Probably End Soon Due To Tensions Exposed By Pickets — “We Are Not Welcomed There” Says New LA Charter Boss Brooke Rios — Speaking Of Pickets, New LA Charter Staff Filmed UTLA Strikers At Baldwin Hills Elementary — And Copies Of CCSA Anti-Union Propaganda And Some Info About Astroturf Demonstration — And A Poignant Little Episode — New LA Charter Teachers Quasi-Union Asks Rios If They Might Please Also Maybe Get A Raise Too If UTLA Does — Pretty Please?

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How BIDological Freakshow Specimen Donald R. Duckworth Wrote A Bunch Of Letters Of Support For The Melrose BID — And Then The Property Owners Revolted When It Was Time To Renew The BID — So El Duckworth Told Them That The Letters Were Written By Paul Koretz And LAPD Captain Anthony Oddo And BID President Deny Weintraub — And Tried To Make Them Feel As If Hating The BID Meant Hating The City — And Hating The Cops — Which Might Be Standard Practice But It Is Still Sketchy As Hell

I know my readers eagerly await, nay, hunger, crave even, more news about Donald R. Duckworth,1 the Melrose BID‘s hatchet-faced goblin2 of an executive director. But you will recall that El Duckie essentially shut down my CPRA requests recently, to the point where I had to literally sue the literal freaking pants off the guy. And he knew he done wrong, so his BIDdie employers had to pay beaucoup de bucks for the error of his ways.

And because I am basically a naive optimistic believer in the good faith, honesty, and sense of fair play of my fellow human beings, I neglected to pin down this sclerotic old crow3 in the settlement with a CPRA response time-table. Which is why, even after his principals had to pay $13K to settle up his misdeeds, did he start right in again with his CPRA-flouting ways. Thus it was only yesterday, five months after I first made the request,4 that I finally received a significant stack of goodies from the Melrose BID.5 And thus the mockery of Donald R. Duckworth can finally recommence!

Now, back in January of last year, the Melrose BID was beginning its renewal process. And as part of the process, El Duckie was putting together a brochure to convince property owners to sign renewal petitions. And as part of the brochure assembly process Donald Duckworth solicited a letter of support from CD5 repster Paul Koretz and another letter from LAPD Wilshire Division CO Anthony Oddo. But he didn’t just solicit letters from these worthies, he actually wrote the letters for them.6

And, you know, I understand that this isn’t sketchy in and of itself, and it happens even in much more consequential circumstances. E.g. lawyers often submit proposed orders to judges, who have the option of signing them, editing them, or ignoring them. But cast your mind back to the golden days of last summer, when the Melrose BID was in open revolt against all manner of Duckwortharian shenanigans, like paying himself a damn fortune to do pretty much nothing, and spending $10K per month on the BID’s hilariously self-parodying blog, and so on.

And hostile anti-BID letters were flying this way, that way, and yonder way! Anat Escher wrote a letter! And Laura Aflalo wrote a letter! And Richard Jebejian wrote a letter! And this was all while the BIDdies were trying to collect enough petitions to move the renewal process to the next phase! And man, were they ever worried! About the petitions, that is, cause if these rebels had their way, the BID might not even be renewed!

So Duckworth wrote a response letter to the rebels! And then BID board president Deny Weintraub pretended that he wrote the letter that Duckworth wrote. Which is a not-unheard-of phenomenon amongst BID Board presidents! And in the letter that Duckworth wrote that Deny Weintraub pretended that he wrote, Duckworth cited the letter that Duckworth wrote that Paul Koretz pretended he wrote and also the letter that Duckworth wrote that Anthony Oddo pretended that he wrote. And he said to the rebels essentially that the cops loved the BID and Koretz loved the BID so who were they to not love the BID?!

But really he himself wrote all the love letters to the BID. So basically the whole thing was a really vigorous conversation between Donald Duckworth and his stable of sockpuppets! And at the end of it Melrose Avenue had their damn BID renewed for another ten years! Anyway, turn the page for some excerpts from this pernicious sockpuppetry and some metadata showing that El Duckie really did write everything!
Continue reading How BIDological Freakshow Specimen Donald R. Duckworth Wrote A Bunch Of Letters Of Support For The Melrose BID — And Then The Property Owners Revolted When It Was Time To Renew The BID — So El Duckworth Told Them That The Letters Were Written By Paul Koretz And LAPD Captain Anthony Oddo And BID President Deny Weintraub — And Tried To Make Them Feel As If Hating The BID Meant Hating The City — And Hating The Cops — Which Might Be Standard Practice But It Is Still Sketchy As Hell

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Los Angeles Police Protective League Anti-SB1421 Case — Judge Chalfant Accepts 170.6 Motion By First Amendment Coalition And Los Angeles Times To Disqualify Him — All Scheduled Hearings Are Cancelled — Case Transferred To Judge Mitchell Beckloff

A couple weeks ago Superior Court Judge James Chalfant ruled that the ACLU, the First Amendment Coalition, the Los Angeles Times, and some other parties could join the case of the appalling petition brought by the Los Angeles Police Protective League seeking to prevent the City of Los Angeles from complying with SB1421 by releasing records relating to police misconduct occurring before January first of this year.

On January 23, 2019 these new parties, not counting the ACLU, filed a so-called 170.6 motion, asking Chalfant to disqualify himself. This is a standard move in California civil trials, authorized by the California Code of Civil Procedure at §170.6, which allows any party to move to disqualify a judge on the grounds of bias, although they don’t have to explain what bias they perceive. As long as the motion is filed on time it must be accepted and the case must be transferred.

For whatever reason the LAPPL wasn’t happy with this motion and they filed an opposition to it on January 25, essentially arguing that the deadline had passed and that the motion should be rejected because the so-called media intervenors1 already knew that Chalfant was handling the case when they asked to join, that Chalfant had already made rulings in the case, that switching judges now would mess up the case for everyone else, and so on.

The media intervenors filed a response to that opposition on January 28, basically stating that the Police Protective League’s position was full of crap and they can’t read the law or, if they can, then they didn’t summarize it correctly in their opposition. There was a hearing on this stuff on Friday2 and Chalfant accepted the motion to disqualify himself and reassigned the case to Judge Mitchell Beckloff.

His order accepting the motion is here, and the notice of reassignment is here. The most immediate effect of this is that all pending hearings are cancelled, including the one upcoming on Tuesday, February 5. I’ll let you know when and if Beckloff schedules anything. Meanwhile, if you want to browse through (most of) the paper filed already in this case you can find it here on Archive.Org.
Continue reading Los Angeles Police Protective League Anti-SB1421 Case — Judge Chalfant Accepts 170.6 Motion By First Amendment Coalition And Los Angeles Times To Disqualify Him — All Scheduled Hearings Are Cancelled — Case Transferred To Judge Mitchell Beckloff

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Annals Of Public Records Act Bullying Tactics — Brooke Rios Of New Los Angeles Charter Schools Tries An Old Dodge — Sadly Commonplace Among CPRA Obstructionists — “Your Records Are Ready And You Can See Them As Soon As You Give Us $90” — But Then Backs Off In Less Than Two Hours After Being Told That The Law Requires Inspection For Free — Sadly, The Only Unusual Thing About This Episode Is The Short Time Frame

What with the recent unrest in the teacher/labor community which, as you know, led to a historic victory which, for the first time ever, led to the school board recommending a cap on charter schools in Los Angeles, well, and what with Xavier Becerra, the attorney general of California, just recently issuing a historic opinion stating definitively that charter schools are subject to both the Brown Act and the Public Records Act, yes, what with all that, I thought it might be interesting to hit up a few of these zillionaire-beloved trojan horses with some requests for information.1

And one of the ones I hit up in the first round was the New Los Angeles Charter Schools. You can read my request here, sent to NLA boss Brooke Rios, seeking information contained in emails about discussions their administration had about the UTLA strike.2 And roughly within the statutory time-frame, I received a response letter from Rios quoting a bunch of aggro copypasta lawyerese, citing the attorney/client privilege exemption, and informing me that they had 363 pages of responsive material and that I had to pony up $90.75 if I wanted to see the goods.3

Now, that’s $0.25 per page that she was proposing to charge me for copies. The CPRA at §6253(b) allows agencies to charge “fees covering direct costs of duplication,” which it’s doubtful that $0.25 is given that most copy machines cost about $0.02 per page and even FedEx Office only charges $0.13 per page, and they’re making a profit from that. I’m told by those who have reason to know, though, that this is essentially an unwinnable argument in court,4 given that, e.g., the Los Angeles County Superior Court charges about $1 per page for freaking PDFs, and those are the same judges one would be asking to declare $0.25 excessive.

Another problem with Rios’s problematic proposal is that emails are electronic documents. The CPRA at §6253.9(a) requires agencies to provide copies of electronic documents in electronic formats, whereas Rios has obviously printed these emails out on paper and wants to require me to accept and pay for paper copies. Of course, the “direct cost” of making copies of electronic files is $0.00, so her insistence on charging $0.25 for paper copies is a violation of that section as well.

But the real kicker is that the CPRA does not allow agencies to charge for access to records. They’re only allowed to charge for copies of records. This is codified in the CPRA at §6253(a), which states in pertinent part that “[p]ublic records are open to inspection at all times during the office hours of the state or local agency and every person has a right to inspect any public record, except as hereafter provided.” Nothing in the law says they can charge, and so they can’t charge. By insisting that I pay $90.75 before getting access to these records Rios was poised to violate this requirement of the law.

And sadly Rios isn’t the only public official in the world to think of this bushwa means of CPRA obstructionism. It’s commonplace, and it’s essential to push back on it whenever it’s encountered. Thus did I send Rios a response outlining these facts and offering her the choice of providing me with electronic copies for free or letting me come in and scan the records myself with my scanner.5 And although many public agencies take the untenable stance that they can charge exorbitant fees for access to records, not many back down as quickly as Brooke Rios did. It took her less than two hours to concede that I had the right to see the records and make my own copies at no charge.6

It is a very sad situation indeed that public agencies are allowed to attempt to intimidate people who want to look at records, and that it’s necessary not only to understand one’s rights thoroughly but be willing to push back against unsupportable CPRA aggression in order to be able to exercise the right to access public records. It doesn’t seem like the legislature is going to fix this7 any time soon, so right now we have no choice other than to know our rights and push back, push back, push back. And turn the page for transcriptions of everything!
Continue reading Annals Of Public Records Act Bullying Tactics — Brooke Rios Of New Los Angeles Charter Schools Tries An Old Dodge — Sadly Commonplace Among CPRA Obstructionists — “Your Records Are Ready And You Can See Them As Soon As You Give Us $90” — But Then Backs Off In Less Than Two Hours After Being Told That The Law Requires Inspection For Free — Sadly, The Only Unusual Thing About This Episode Is The Short Time Frame

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