Monthly Archives: February 2020

LAUSD

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California State Government, Public Records Act Pragmatics

Last Year Gavin Newsom Vetoed Assemblymember Todd Gloria’s Absolutely Essential Email Retention Bill — But Gloria Reintroduced It The Other Day And It Looks Like The Fight Is On Again! — The Los Angeles Sunshine Coalition Submitted A Letter In Support And You — Being Sane — Should Submit One As Well! — The Idiotic And Dishonest Letters Of Opposition Are Already Rolling In!

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Perhaps you remember last year’s Assembly Bill AB1184, introduced by government transparency hero Representative Todd Gloria, dishonestly opposed by a bunch of mendacious business improvement districts and other shills with a lot to hide, and ignominiously vetoed by California Governor Gavin Newsom at the behest of lobbyists hired by the bad BIDdies and their enablers? Well, Gloria reintroduced it this year, and here we go again!

The new number is AB2093, and perhaps this time the forces of good and right will be able to overcome the nonsensical objections and get this baby passed. The Los Angeles Sunshine Coalition submitted a letter in support today, and you and/or your organizations can submit one as well! Send to Raquel Mason via email at raquel.mason@asm.ca.gov.

It’s expected to go to committee in March so it’s not urgent, but it’s also not not urgent, so don’t dilly-dally! And read on for a transcription of the letter sent by the LASC. Oh, and also! The dishonest opposition has already begun. Behold an idiotic form letter of opposition sent by some random special district somewhere north of Pacoima. Too dumb to analyze, but maybe worth a glance?
Continue reading Last Year Gavin Newsom Vetoed Assemblymember Todd Gloria’s Absolutely Essential Email Retention Bill — But Gloria Reintroduced It The Other Day And It Looks Like The Fight Is On Again! — The Los Angeles Sunshine Coalition Submitted A Letter In Support And You — Being Sane — Should Submit One As Well! — The Idiotic And Dishonest Letters Of Opposition Are Already Rolling In! →

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Brown Act Pragmatics, California State Government

The Brown Act Already Requires Local Agencies To Mail Agendas To Members Of The Public On Request — Senator Bob Wieckowski’s SB931 Would Amend The Law To Require Them To Send Via Email If Asked — Which You’d Think They Would Want To Do Anyway Because It’s Cheaper — And Easier — And More Efficient — But They’d Rather Obstruct — And Delay — And Create Friction — So This Law Is — Sadly — Necessary — And The Los Angeles Sunshine Coalition Is Supporting It!

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It’s so darn bandied-about that it’s become easy to forget that Abraham Lincoln’s perfect description of the American form of government,3 or at least its to-be-constantly-striven-for ideal form, as “of the people, by the people, for the people” has a great deal of meaning packed into it. In particular, if government is to be of and for the people then the people have to have access to the spaces in which its work is done and advance notice of when it’s happening.

And governments being what they are4 they would often prefer to keep people out of the process entirely by making their decisions and doing their work in secret. To prevent this, to preserve Lincoln’s ideal, we need laws to protect our access. In California such access is protected by the Brown Act.

One of the rights protected by the Brown Act is the right to have notice of the time, place, and subject matter of upcoming meetings. This protection comes in two forms. First, §54594.2 requires agendas to be posted in public and on the web 72 hours before a meeting.5 But of course, this is only sufficient if you remember to check the posting location or the website. If you don’t or can’t do that you’re out of luck.
Continue reading The Brown Act Already Requires Local Agencies To Mail Agendas To Members Of The Public On Request — Senator Bob Wieckowski’s SB931 Would Amend The Law To Require Them To Send Via Email If Asked — Which You’d Think They Would Want To Do Anyway Because It’s Cheaper — And Easier — And More Efficient — But They’d Rather Obstruct — And Delay — And Create Friction — So This Law Is — Sadly — Necessary — And The Los Angeles Sunshine Coalition Is Supporting It! →

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Los Angeles City Government

LA City Attorney’s Office Admits That There Is No Evidence Outside Their Own Heads That Their Gang Nuisance Lawsuits “Improve” Neighborhoods — Whatever They Even Mean By “Improve” — And Jonathan Cristall — Supreme Commander Of The Gang Nuisance Prosecution Crew — Fails To Produce Evidence That He Actually Recieved Any Of The Series Of Honors He — Formerly — Listed On His Amazon Author Page — Which Of Course Doesn’t Mean He Didn’t Receive Them — But It Is Certainly Interesting How Much These Prosecutors Want People To Take On Faith Given The Fact That Their Cases Are Based On The Untested Word Of LAPD Gang Officers — A Famously Mendacious Bunch

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As you may already know, I’ve been looking into civil nuisance abatement lawsuits and their relation to gentrification in Los Angeles. The City files dozens of these cases each year and they’re based on really flimsy but also mostly unchallenged evidence. A big part of this project is collecting copies of the complaints themselves, and so far I’ve obtained them for 2015 and 2016 and 2017-2019.

Apparently, though, the City Attorney inadvertently omitted6 a few of these from earlier productions and I just got copies of those the other day. They’re available here on Archive.Org. We’re still waiting for 2014 and earlier. And I have a bunch of other requests pending, of course, and I will certainly let you know if any of them are successful and result in interesting stuff!

But also sometimes even unsuccessful requests have interesting results! And that’s the main subject of today’s post! But first, some background! You may recall that Supreme Nuisance Prosecutor Jonathan Cristall and his unindicted co-conspirator Liora Forman-Echols published a really insidious how-to/why-to guide in the National Gang Center Bulletin in 2009, which I wrote about recently.

And this pernicious little document contains some really implausible claims. Just for instance, on page 6, Cristall and Forman-Echols state, without supporting evidence, that “[i]n most instances, the abatement of the nuisance at the property has a ripple effect, positively improving the surrounding neighborhood.” Oh, and also! Seasoned Supreme Gang Nuisance Prosecutor Cristall is not only a self-proclaimed expert on abating nuisances for fun and profit, he’s also a self-proclaimed expert on raising teenagers!
Continue reading LA City Attorney’s Office Admits That There Is No Evidence Outside Their Own Heads That Their Gang Nuisance Lawsuits “Improve” Neighborhoods — Whatever They Even Mean By “Improve” — And Jonathan Cristall — Supreme Commander Of The Gang Nuisance Prosecution Crew — Fails To Produce Evidence That He Actually Recieved Any Of The Series Of Honors He — Formerly — Listed On His Amazon Author Page — Which Of Course Doesn’t Mean He Didn’t Receive Them — But It Is Certainly Interesting How Much These Prosecutors Want People To Take On Faith Given The Fact That Their Cases Are Based On The Untested Word Of LAPD Gang Officers — A Famously Mendacious Bunch →

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Los Angeles City Government, Public Records Act Pragmatics

Since 2016 The City Of Los Angeles Has Paid Out More Than $1.7 Million To Settle Public Records Act Litigation — Most Of Which Could Have Been Avoided By Taking Compliance Seriously — This Is Not Only A Betrayal Of The Public Trust But It’s A Huge Damn Waste Of Money — If Only There Were A City Official Charged With Reducing Waste Who Could Look Into This — Oh Wait Of Course There Is! — The City Controller! — So This Morning I Sent Him A Letter Asking Him To Use His Audit Power To Evaluate The City’s CPRA Policies — And Assess The Risk And Liability Created By Noncompliance — And Recommend Ways To Avoid This Waste In The Future — Including The Creation Of A Centralized CPRA Coordinator For The City — And You Can Read That Letter Here! — Along With A Bunch Of Other Nonsense!

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As you may well know, the City of Los Angeles has a really, really hard time complying with its obligations under the California Public Records Act. And as you may also know, the only remedy for noncompliance provided by the Legislature is to file a lawsuit against the violators. If the requester prevails7 the law requires the judge to award litigation costs and lawyers’ fees to the requester.

And, it turns out, the City of Los Angeles not only has a hard time complying with the CPRA but they get sued a lot over it. And they usually settle quickly but when they don’t they lose. A lot. And they pay a lot of money to requesters’ attorneys. In fact, since 2016 they’ve paid off in 26 cases to the total tune of more than $1.7 million. Here’s a list of all of these cases, both as a PDF and in the original XLSX.

Probably some of these cases involve legitimate controversies over the City’s decision to withhold records from release, but as you know if you follow this blog, most of them are due to very little more than the incompetence, indifference, or intransigence of City departments. Most of these cases could have been avoided if the City had just released records that they ended up releasing anyway as a result of the suit. Many could have been avoided if someone had just explained to a few City staffers what their obligations under the law actually were.

So not only does the City’s continual, habitual flouting of the CPRA deprive citizens of our constitutionally guaranteed right to access public records promptly,8 but it also costs the City an immense amount of money. All of which is wasted since had the City just followed the law in the first place they wouldn’t have had to pay any of it. Or to pay the salaries of the Deputy City Attorneys who had to handle these cases after they were filed.9

The City doesn’t even have a CPRA compliance policy, but if it did and if it followed it, none of this money would be wasted. The City of San Diego, it turns out, has a very similar problem, which I only found out about because they have an officer called the City Auditor. He recently investigated San Diego’s CPRA practices and policies and made recommendations for improvement.

Which reminded me that here in Los Angeles there is a also City official whose charge includes the right to audit and investigate the expenditures of City departments and to recommend policy changes to stop money wasting. This, of course, is the Controller, whose powers and duties are defined by the City Charter at §260 et seq. and which include the ability to “conduct performance audits of all departments and may conduct performance audits of City programs, including suggesting plans for the improvement and management of the revenues and expenditures of the City.”10

So he’s empowered to look into this matter, but of course, how’s he going to know to do that unless someone brings it up? Thus did I write Galperin a letter this morning asking him to get on it and audit the City’s CPRA compliance and policies and make recommendations. In particular I asked him not only to consult with requesters about needed policy changes, but also to consider recommending that the City create a central CPRA coordinator whose job would include receiving, processing, and assigning requests to departments and then tracking and ensuring compliance. Read on for a transcription and stay tuned to find out if anything comes of it!
Continue reading Since 2016 The City Of Los Angeles Has Paid Out More Than $1.7 Million To Settle Public Records Act Litigation — Most Of Which Could Have Been Avoided By Taking Compliance Seriously — This Is Not Only A Betrayal Of The Public Trust But It’s A Huge Damn Waste Of Money — If Only There Were A City Official Charged With Reducing Waste Who Could Look Into This — Oh Wait Of Course There Is! — The City Controller! — So This Morning I Sent Him A Letter Asking Him To Use His Audit Power To Evaluate The City’s CPRA Policies — And Assess The Risk And Liability Created By Noncompliance — And Recommend Ways To Avoid This Waste In The Future — Including The Creation Of A Centralized CPRA Coordinator For The City — And You Can Read That Letter Here! — Along With A Bunch Of Other Nonsense! →

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Downtown Center BID, Public Records Act Pragmatics

Starting January 1, 2020 The California Public Records Act Requires Agencies To Allow Requesters To Make Copies Of Records At Inspection Time Subject To Some Limitations — The Limitations Are Clear For Tangible Records — The Means Of Copying Must Not Require Contact With The Record — But Things Are Not So Clear With Respect To Electronic Records — The Legislative History Of The Bill Makes It Clear That Copying Actual Files Must Be Allowed Though — But The Downtown Center BID — Which Has Adopted A Ludicrous Series Of Obstructionist Policies Over The Years Did Not Agree — Said I Could Photograph Electronic Records On The Screen But Not Copy The Files Directly — But I Was Like No Freaking Way And Here Is Why — And In A Rare Moment Of Sanity They Totally Caved!

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Last year the legislature passed and Gavin Newsom signed into law a bill amending the California Public Records Act to allow requesters to copy records at inspection time using their own equipment. The precise language added to the law at §6253(d) is:

(d)(1) A requester who inspects a disclosable record on the premises of the agency has the right to use the requester’s equipment on those premises, without being charged any fees or costs, to photograph or otherwise copy or reproduce the record in a manner that does not require the equipment to make physical contact with the record, unless the means of copy or reproduction would result in either of the following:

(A) Damage to the record.

(B) Unauthorized access to the agency’s computer systems or secured networks by using software, equipment, or any other technology capable of accessing, altering, or compromising the agency’s electronic records.

(2) The agency may impose any reasonable limits on the use of the requester’s equipment that are necessary to protect the safety of the records or to prevent the copying of records from being an unreasonable burden to the orderly function of the agency and its employees. In addition, the agency may impose any limit that is necessary to maintain the integrity of, or ensure the long-term preservation of, historic or high-value records.

And this new requirement took effect on January 1, 2020. Agencies have been all over the place on allowing requesters to photograph paper records at inspection time, but mostly the new language is clear enough that they’re just complying. Even the extraordinarily psychopathically obstructionist Department of Alcoholic Beverage Control conceded with respect to paper records.
Continue reading Starting January 1, 2020 The California Public Records Act Requires Agencies To Allow Requesters To Make Copies Of Records At Inspection Time Subject To Some Limitations — The Limitations Are Clear For Tangible Records — The Means Of Copying Must Not Require Contact With The Record — But Things Are Not So Clear With Respect To Electronic Records — The Legislative History Of The Bill Makes It Clear That Copying Actual Files Must Be Allowed Though — But The Downtown Center BID — Which Has Adopted A Ludicrous Series Of Obstructionist Policies Over The Years Did Not Agree — Said I Could Photograph Electronic Records On The Screen But Not Copy The Files Directly — But I Was Like No Freaking Way And Here Is Why — And In A Rare Moment Of Sanity They Totally Caved! →

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Business Improvement Districts, Lawsuits, Los Angeles City Council, Public Records Act Pragmatics

George Yu Fails To Appear At His Last And Final Contempt Hearing — Judge Mitchell Beckloff Orders Yu Seized — And Detained — And Chained — And Hauled Bodily Into Court — To Explain In Person Why He Has Been Ignoring The Judge’s Order To Hand Over The Damn Records — And Also He’s Ordered To Pay Our Lawyers An Additional $21K In Legal Fees — Looks To Me Like Now He’s Pushed His Luck Too Far — I Am Guessing That Gil Cedillo Will Have To Withdraw His Support At Some Point — Beginning To Look Very Much Like Yu’s Days Are Numbered

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UPDATE: Today, February 7, 2020 Judge Beckloff changed his mind about the bench warrant for technical reasons that I don’t understand. Not sure what’s going to happen next and even though it remains quite likely that George Yu will be hauled off in chains in the near future, it won’t be because of the warrant that was issued on Wednesday. Here’s a copy of today’s order.

In 2018 Katherine McNenny and I sued the Chinatown Business Improvement District over their failure to comply with the California Public Records Act. And for the last 18 months neither BID director George Yu nor anyone else from the BID has appeared in court at all. In due course they lost, Judge Mitchell Beckloff issued an order to them to hand over the records, and they ignored that as well. Late last year we moved to have Yu held in contempt for his failure to obey the order, and the judge issued an order for Yu’s arrest and suspended it pending a hearing at which he ordered Yu to appear in person and explain why he shouldn’t be held in contempt.

That hearing was held this morning. Perhaps predictably, Yu didn’t show up today either, and the judge released the arrest warrant.11 Apparently this isn’t the kind of warrant where the cops go out and hunt down the offender, but if he’s pulled over or a cop has some other reason to enter his name into a computer, this will come up and he’ll be arrested and hauled before the judge. The Chinatown BID is in CD1, Gil Cedillo’s little kingdom, and as do all BIDdies with their Councilmembers, Yu has hitherto enjoyed Cedillo’s unconditional love. But having the guy arrested and hauled by force before a judge to explain why he refuses to obey the law may, just may, not saying for sure, erode that affection, that tolerance, just a bit. We can hope!
Continue reading George Yu Fails To Appear At His Last And Final Contempt Hearing — Judge Mitchell Beckloff Orders Yu Seized — And Detained — And Chained — And Hauled Bodily Into Court — To Explain In Person Why He Has Been Ignoring The Judge’s Order To Hand Over The Damn Records — And Also He’s Ordered To Pay Our Lawyers An Additional $21K In Legal Fees — Looks To Me Like Now He’s Pushed His Luck Too Far — I Am Guessing That Gil Cedillo Will Have To Withdraw His Support At Some Point — Beginning To Look Very Much Like Yu’s Days Are Numbered →

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Los Angeles City Government

A Couple Of Newly Obtained Documents Reveal Details Of How And Why The LA City Attorney Uses Nuisance Abatement Suits As Part Of The Same Gentrification Process As Gang Injunctions — Low Evidentiary Bar In Civil Cases — No Juries — No Public Defenders — Comparably Low Burden Of Proof — And The City’s Revealing — And Appalling — Choice Of Illustrations — And Of Targets — And Of Rhetorical Strategies — Reveal The Delusional And Ultraracist Conceptual Underpinnings Of The Project — Basically Superpredators 2.0

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The City of Los Angeles famously uses civil nuisance abatement lawsuits against property owners and residents in areas of the City being prepped for gentrification. These suits are yet another of the million superficially more acceptable forms into which old-fashioned urban renewal was reincarnated after it became clear to the world that James Baldwin was spot-on in his characterization of it as Negro removal.

For the most part news coverage of the hundreds of such suits filed by Mike Feuer’s office when there’s coverage at all has been uncritically accepting of the City’s unsupported-by-evidence story that these actions fight crime and increase safety.12 But the revelation after the murder of Nipsey Hussle that the City Attorney had been working towards filing such an action against Hussle’s property at Crenshaw and Slauson seems to have opened the door for much more critical coverage.13

Complaints that actually get filed, it turns out, are just a small part of the nuisance abatement program. The City Attorney sends out hundreds of demand letters to targeted property owners, most of which lead to settlements, evictions, and other such results sought by the City without ever having to file anything in court. I’ve been investigating this process via the California Public Records Act. The City Attorney denied my request for copies of the demand letters14 but they are in the process of producing copies of all the actually filed complaints.15

And just recently they turned over a couple of other interesting items. The first is a 2009 how-to why-to article by Los Angeles nuisance abatement pioneers Jonathan Cristall16 and Liora Forman-Echols called Property Abatements — The Other Gang Injunction. The other is a PDF version of an undated PowerPoint presentation about the nuisance abatement program. the PowerPoint thing doesn’t have much intentional content17 but the endless parade of photographs put the barely tacit racism of the whole project on vivid pictorial display. Some choice slides appear at the end of this post.
Continue reading A Couple Of Newly Obtained Documents Reveal Details Of How And Why The LA City Attorney Uses Nuisance Abatement Suits As Part Of The Same Gentrification Process As Gang Injunctions — Low Evidentiary Bar In Civil Cases — No Juries — No Public Defenders — Comparably Low Burden Of Proof — And The City’s Revealing — And Appalling — Choice Of Illustrations — And Of Targets — And Of Rhetorical Strategies — Reveal The Delusional And Ultraracist Conceptual Underpinnings Of The Project — Basically Superpredators 2.0 →

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