Category Archives: California State Government

The California Commission On Peace Officer Standards And Training — POST — Publishes 124 Different Police Training Videos — POST Staffer Phil Caporale Refused To Release 45 Of Them In Response To My Request For Public Records — Claiming That To Do So Would Endanger Public And Officer Safety — But He’s Ignoring The Law — Which Requires Him To Balance That Putative Public Interest Against The Public Interest In Releasing These Training Materials — And In A Week Where California Police Have Attacked — Tortured — Beaten — Arrested — Shot — Killed — Peacefully Assembled Protesters — The Public Interest In Seeing How Cops Are Trained In Crowd Management — Crowd Control — And How That Training Compares To Their Actual Violent Behavior — Is So Cosmically High That It’s Basically Insurmountable — Not That This Truth Matters To Caporale — Who Like So Many Antisocial Public Officials Is Just Making Stuff Up To Justify His Predetermined Outcome — Just Mumbling Meaningless Words — Which Is Also Contempt For The Public — Which Also Endangers Our Safety

The California Commission on Peace Officer Standards and Training, known as POST, publishes well over a hundred video training courses for local police forces. I learned recently that POST is subject1 to the California Public Records Act and a couple weeks ago I sent them a request for all their training videos.2 There are 124 of these videos, and ultimately POST agreed to send 79 of them.

However, Phil Caporale, the POST staffer who’s handling the request, claimed that the other 45 were exempt from release. His first attempt at an explanation for withholding them was that they “are deemed Law Enforcement sensitive”3 and that therefore they were exempt from release via the infamous §6255(a) catch-all exemption. Also at first he didn’t tell me how many videos he was withholding or which ones they were.

Now, §6255(a) is by far the most often abused section of the law. It allows agencies to withhold records without a specific authorizing exemption when “on the facts of the particular case the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record.”4 But the section is very clear that “the facts of the particular case” must support the decision to withhold. It’s not enough, not at all, for an agency to make something up, like that they “are deemed Law Enforcement sensitive,” as a justification for invoking 6255(a).

After I pressed him a little he informed me that to release these 45 videos would endanger the safety of both the public and of officers. He also listed the 45 videos he was proposing to withhold.5 The list is transcribed at the end of this post and you can also find it in this PDF of Caporale’s email. But that bit in §6255(a) about the “facts of the particular case” isn’t in there for nothing. It requires agencies to have an explanation for each withheld record that’s based on specific facts about that record.6 Continue reading The California Commission On Peace Officer Standards And Training — POST — Publishes 124 Different Police Training Videos — POST Staffer Phil Caporale Refused To Release 45 Of Them In Response To My Request For Public Records — Claiming That To Do So Would Endanger Public And Officer Safety — But He’s Ignoring The Law — Which Requires Him To Balance That Putative Public Interest Against The Public Interest In Releasing These Training Materials — And In A Week Where California Police Have Attacked — Tortured — Beaten — Arrested — Shot — Killed — Peacefully Assembled Protesters — The Public Interest In Seeing How Cops Are Trained In Crowd Management — Crowd Control — And How That Training Compares To Their Actual Violent Behavior — Is So Cosmically High That It’s Basically Insurmountable — Not That This Truth Matters To Caporale — Who Like So Many Antisocial Public Officials Is Just Making Stuff Up To Justify His Predetermined Outcome — Just Mumbling Meaningless Words — Which Is Also Contempt For The Public — Which Also Endangers Our Safety

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Oakland Privacy Wrote A Really Nice — And Really Powerful — Letter Of Support For Bob Wieckowski’s Minor But Essential SB931 — Which Would Require Local Agencies To Email Copies Of Their Agendas To Members Of The Public On Request — Read It Right Here! — And Think About Writing Your Own!

As you may well remember, earlier this year Senator Bob Wieckowski introduced the small but essential SB931. The Brown Act already requires public agencies to mail copies of agendas to members of the public on request.1At §54954.1 This bill would require them to email them if asked to.

It’s very strange but sadly true that there are plenty of little backwater agencies, mostly business improvement districts and charter schools, who are so intent on obstruction that they will refuse to email agendas even though it’s free, even though they already email agendas to people they approve of. They will insist that the law only requires them to mail agendas.

And don’t get me started on how they send them via certified mail so that if people miss the first delivery it’s essentially too late to find out what the meeting is about. And if it’s a special meeting? Or if someone’s unhoused and doesn’t have reliable mail service? Forget it. So like I said, this is a minor problem, something these agencies ought to be doing anyway but some of them just won’t and Wieckowski’s bill will fix it.

As far as I know there’s no organized opposition. I mean, what are they going to say? That they enjoy exploiting this unfortunate loophole to mess with people? But there’s a lot of support! I already wrote about the letter sent by our friends at the Los Angeles Sunshine Coalition. The California News Publishers Association sent a nice little letter. And just the other day I learned that Oakland Privacy, a group I hadn’t heard of before this, wrote a really extraordinary, really dynamic letter in support.

You can read the entire thing below, but they raise a really important point that no other support letter has brought out in such detail. That’s the fact that if members of the public want to monitor the agendas of many local agencies to see if they want to comment on specific items, essentially their only practical choice right now is to check the agencies’ websites regularly.

For people or groups that monitor tens or hundreds of agencies this is not only time-consuming but also unreliable. Requiring notifications by email would solve this problem. Anyway, as I said, read on for the full letter, and if you have a moment, why not drop Wieckowski a line or call him in support yourself?
Continue reading Oakland Privacy Wrote A Really Nice — And Really Powerful — Letter Of Support For Bob Wieckowski’s Minor But Essential SB931 — Which Would Require Local Agencies To Email Copies Of Their Agendas To Members Of The Public On Request — Read It Right Here! — And Think About Writing Your Own!

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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!

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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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!

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,1 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 are2 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.3 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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Jordan Cunningham – Republican Member Of The California State Assembly From San Luis Obispo – Introduces Monumental Police Misconduct Transparency Bill – AB1599 Would Require Release Of Police Personnel Files Of Officers Accused Of Sexual Assault On Member Of Public When The Officer Resigns Before The Investigation Is Concluded

The legislature is back in session as of yesterday, and all the bills still kicking around from last year must be dealt with soonest. And among these is a gut and amend1 version of AB1599, introduced yesterday by San Luis Obispo Republican Jordan Cunningham. This is a supplement to last year’s blockbuster SB1421, which required the release of a whole range of records relating to police misconduct.

That law has been transformative, even in the face of massive police resistance to its implementation, but it only applies to records of completed investigations, which leaves open the possibility that officers could resign during an investigation and thereby keep records from being released.

Cunningham’s bill closes off that possibility in the specific case of officers accused of sexual assault involving members of the public by making an officer’s personnel records relating to such complaints public in the event that the accused officer resigns prior to the investigation being complete.

It’s possibly interesting that such a radical police misconduct transparency bill is being introduced by a Republican, I guess, although partisan politics in California is full of such superficial contradictions. Cunningham is both a former ADA and has a reputation for promoting law enforcement accountability, two qualities which are often but ought not to be in tension. His reasoning, perfectly sensible and yet apparently very rare among prosecutors, is summed up in this story from last year about his support for another bill in this genre:

“I can tell you as a deputy (district attorney), the last thing you want to do is carry a case forward to a jury not knowing whether you’re going to put a police officer on the stand that has impeachment material in their file that you haven’t gotten access to,” Cunningham said on the floor May 22. “I know a lot of my colleagues on our side of the aisle are nervous about this bill, but I don’t think you should be.”

This bill seems like a good idea, and stay tuned for developments! Meanwhile, here’s a link to the legislative file again, and read on for the legislative analyst’s summary.
Continue reading Jordan Cunningham – Republican Member Of The California State Assembly From San Luis Obispo – Introduces Monumental Police Misconduct Transparency Bill – AB1599 Would Require Release Of Police Personnel Files Of Officers Accused Of Sexual Assault On Member Of Public When The Officer Resigns Before The Investigation Is Concluded

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Remember When Assemblymember David Chiu Introduced A Bill To End Poverty Towing — And Fashy Interim City Councilmember Greig Smith Introduced A City Council Resolution To Oppose It — Basically Because — Said Smith — Without Police Power To Tow Cars Homeless Vehicle Dwellers Would Overrun The Whole City — But Newly Obtained Emails Show That Actually No One Even Cared About That — The Motion Was Written By Lobbyist Eric Rose — Working On Behalf Of The Official Police Garage Association Of Los Angeles — Whose Income Would Be Cut Drastically Without Poverty Tows — But Who Could Not Openly Oppose Chiu’s Bill Without Exposing Themselves As The Greedy Bloodsuckers They Are — So Rose Cooked Up The Homeless Connection — And Smith Pushed It — And They Passed Their Motion — And The Bill Died In Committee

On March 18, 2019 the Western Center on Law and Poverty released a monumental report on the effects of poverty towing in California. In conjunction with the report, WCLP issued a press release announcing that Assemblymember David Chiu had introduced a bill, AB-516, seeking to end the practice. Nine days later fash-adjacent hand-picked interim CD12 representative Greig Smith introduced a resolution in the Los Angeles City Council proposing to formally oppose AB-516.

The rhetoric in the motion, to be found in Council File 19-0002-S50, is uniformly anti-homeless, fueled by the axiomatic housedweller beliefs that without coercive means of removing vehicle dwellers they will somehow take over and destroy every last inch of the public realm. And this was a great story, and a completely plausible motive for ultra-fash Greig Smith, who stood out for his inhumanity towards people forced to live on the street even among his homeless-hating peers on the Council.

However, emails newly obtained from CD12 via the California Public Records Act prove that this was nothing but a cover story.1 No one involved cared at all about the relationship between poverty tows and vehicle dwellers. The anti-homeless rhetoric in this case was no more than smoke behind which was hiding the fact that the only reason that Smith moved to oppose Chiu’s bill is that Eric Rose, a lobbyist with thermonuclear Los Angeles lobbying firm Englander Knabe Allen, incestuously linked with CD12 in any number of ways, represents the Official Police Garages Association of Los Angeles, who would obviously lose a lot of money if the number of tows decreased for any reason whatsover.

On March 19, one day after WCLP’s press release announcing the report, Rose asked Smith2 to oppose Chiu’s bill and asked Smith’s permission to draft a motion to that effect. As Rose cynically explained, though, “The OPG’s can’t oppose this because it will be viewed as self-serving.” OPGs, of course, are the official police garages. Smith forwarded Rose’s email to his legislative deputy Erich King, and later that night Rose sent Smith a draft motion, also forwarded to King. And a few days later Smith’s actual motion was introduced. Written, no doubt, by King, heavily influenced by Rose.

In the text of the motion there’s nothing whatsoever about the Official Police Garages, Rose’s client, whose income the sole purpose of this opposition was to protect. Instead the text is all about enforcing the law and the subtext all about punishing people who live in vehicles. Don’t forget, never forget, that none of that’s the reason for any of this. It’s ironic, by the way, that Rose’s cover story relies so heavily on the need to enforce the law. His draft and the actual motion go on and on about scofflaws and how Chiu’s bill would enable them.3 Continue reading Remember When Assemblymember David Chiu Introduced A Bill To End Poverty Towing — And Fashy Interim City Councilmember Greig Smith Introduced A City Council Resolution To Oppose It — Basically Because — Said Smith — Without Police Power To Tow Cars Homeless Vehicle Dwellers Would Overrun The Whole City — But Newly Obtained Emails Show That Actually No One Even Cared About That — The Motion Was Written By Lobbyist Eric Rose — Working On Behalf Of The Official Police Garage Association Of Los Angeles — Whose Income Would Be Cut Drastically Without Poverty Tows — But Who Could Not Openly Oppose Chiu’s Bill Without Exposing Themselves As The Greedy Bloodsuckers They Are — So Rose Cooked Up The Homeless Connection — And Smith Pushed It — And They Passed Their Motion — And The Bill Died In Committee

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Essential Public Records Act Improvement AB1819 Signed By Governor Gavin Newsom Yesterday — Requires Agencies To Allow Requesters To Photograph Records — And Probably To Copy Electronic Records To A USB Drive — Freaking Take That, Government Bad Actors — Like California Alcoholic Beverage Control — And Los Angeles City General Services Division — And Pretty Much Every Business Improvement District Repped By Soon To Be Disbarred If There Is Any Justice Attorney Carol Humiston

Governor Gavin Newsom recently signed AB1819 into law. This bill will require agencies subject to the California Public Records Act to allow requesters to photograph records at no charge during inspection. Although it originally would have required agencies to allow the use of portable scanners, a late amendment only requires the use of copying equipment which does not touch the record.

The law also allows agencies to forbid the use of equipment which “would result in … [u]nauthorized 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.” On the one hand there’s no reason to include a clause like this unless the law is meant to apply to electronic records as well as physical records. This interpretation is bolstered by the fact that an early amendment limited the law’s application to “physical records” but then that was removed in later versions.

But there will be a lot of resistance to allowing requesters to make electronic copies and it will probably take litigation to sort this out. In any case, reaction to this law seems to be divided between people who see the value immediately and others who cannot imagine that agencies would forbid people to take pictures of things with their phone. But they will. And do. So I thought I’d close out this announcement with a couple of stories about it.
Continue reading Essential Public Records Act Improvement AB1819 Signed By Governor Gavin Newsom Yesterday — Requires Agencies To Allow Requesters To Photograph Records — And Probably To Copy Electronic Records To A USB Drive — Freaking Take That, Government Bad Actors — Like California Alcoholic Beverage Control — And Los Angeles City General Services Division — And Pretty Much Every Business Improvement District Repped By Soon To Be Disbarred If There Is Any Justice Attorney Carol Humiston

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An Archive of Santa Susana Field Laboratory Documents



guest post by Kim Cooper of Esotouric tours

Last week, The Department of Energy announced that an agreement had been reached with the California Sate Historic Preservation Office, to allow archeologists and representatives of native communities to examine areas of historic significance prior to toxic remediation at the Santa Susana Field Laboratory (SSFL) Superfund site.

Curious to learn more about the Pre-Conquest artifacts on the site, I threw some keywords into a search engine, and found… something else entirely.

Scanned for OCR search and visible to the internet, though at least partially otherwise unlisted, I had hit upon a cache of PDF files hosted on an obsolete version of the Santa Susana Field Laboratory cleanup website.

These documents, written by and to Rocketdyne, Boeing, independent scientists, government agencies, lawyers, politicians and community groups in some cases are stamped or inscribed with strong warnings of confidentiality or use restriction.

Among the restricted documents I read was HDMSE00251897.pdf, a 1957 memo documenting repeated incidents of sludge and discolored water runoff onto Brandeis Camp, a Jewish retreat downstream from Rocketdyne—two years before the partial meltdown of the Sodium Reactor Experiment (SRE) nuclear power plant. This document was referenced in the 2015 NBC4 investigative series L.A.’s Nuclear Secret, but appears not to have been published.

While I know a thing or two about the Santa Susana Mountains, my particular expertise is in the cultural history of local religious cults like The Royal Arms of the Great Eleven and WKFL Fountain of the World.
Continue reading An Archive of Santa Susana Field Laboratory Documents

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In September 2018 — After The Release Of That Damning UC Berkeley Law Report On Nefarious BID Activity — Suzanne Holley Of The Nefariously Active Downtown Center BID Got In Touch With Assemblymember Miguel Santiago’s Office — And Was All Like Obviously This Report Is Wrong — And Biased — And Stupid — And Puerile — And Delusional — But Nevertheless We Are Worried That Some Unhinged Legislator May Try To Enact Legislation Based On It — Therefore Can Your Boss Commit To Helping Us Avoid This Fate — And The Staff Of Miguel Santiago — Who Never Met A Zillionaire Whose Interests He Wouldn’t Bootlickingly Pander To — Was All Like “Sure BIDdies! We Will Protect You From Any Potential Legislation!”

Perhaps you recall that in 2018 a group of dedicated and accomplished students at the UC Berkeley Law School’s Policy Advocacy Clinic released a blockbuster report on the criminalization of homelessness by business improvement districts in California, a copy of which can be obtained here. You should definitely read this. It’s one of the indispensable texts of contemporary radical BIDdology.

One of the report’s major points is that it is probably illegal under existing state law for BIDs, which are publicly funded entities, to use those public funds for lobbying for anti-homeless legislation. And, the report goes on to say, if it’s not illegal now it certainly ought to be, so they call for legislation to regulate BIDs with respect to advocacy.

As you might expect from a report from an institution at the level of UC Berkeley, the arguments are powerful, convincing, and intensely well-supported by extensive evidence1 and if our local BIDdies had or have any brains at all, or at least any of that sentience-independent primordial reptilian survival sense on which rich dumb mean people rely so heavily, the irrefutable arguments in this report would have, ought to have, made them extremely nervous.

Of course BIDs, like the zillionaires they serve, don’t look to arguments and their refutation to protect their survival, preferring instead to guard themselves with the weaponized raw political power that they’ve gathered around themselves like armor. And that this is an accurate picture is revealed by some recently obtained emails2 between Suzanne Holley of the Downtown Center BID and the staff of Downtown Los Angeles Assemblymember Miguel Santiago.

The BIDdies were worried that legislators might actually take the report’s recommendations seriously and start trying to rein them in with laws, so they wrote to Santiago asking for protection from any potential legislation inspired by the report, even though none had yet been introduced. But irrespective of that Santiago, long-time asshole buddy of our Downtown BIDS3 or at least his staff, was all over that. Yes, they said, yes, yes, yes, BIDdies! We will save you from any future legislation!
Continue reading In September 2018 — After The Release Of That Damning UC Berkeley Law Report On Nefarious BID Activity — Suzanne Holley Of The Nefariously Active Downtown Center BID Got In Touch With Assemblymember Miguel Santiago’s Office — And Was All Like Obviously This Report Is Wrong — And Biased — And Stupid — And Puerile — And Delusional — But Nevertheless We Are Worried That Some Unhinged Legislator May Try To Enact Legislation Based On It — Therefore Can Your Boss Commit To Helping Us Avoid This Fate — And The Staff Of Miguel Santiago — Who Never Met A Zillionaire Whose Interests He Wouldn’t Bootlickingly Pander To — Was All Like “Sure BIDdies! We Will Protect You From Any Potential Legislation!”

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AB1819 Passes Assembly — Now On To Senate — A Tiny But Essential Improvement To The California Public Records Act — Will Require Agencies To Allow Requesters To Copy Records At No Charge — Using Their Own Equipment — Includes Electronic Files — Take That, Department Of Alcoholic Freaking Beverage Control!

Assembly Bill 1819, which would require agencies to allow requesters to copy records using their own equipment at no charge, was unanimously passed by the Assembly yesterday and now it’s on to the Senate. As I wrote in March when the bill was introduced, most agencies already do this for paper records, although there are some which, in their frenzied desire to obstruct oversight by the very citizens they were created to serve, do not.

Most notable among these in my experience is the Department of Alcoholic Beverage Control which, in addition to being plagued by unchecked corruption, is also imbued with the kind of paranoiac institutional culture that enables heavily armed power junkies like Special Agent In Charge Gerry Sanchez of the Los Angeles Metro Office to feed their need to control by forbidding requesters to take photographs of records during the inspection process.

As amended the bill will also require local agencies to allow copying of electronic records using the requester’s own equipment unless to do so “would result in…[u]nauthorized access to the agency’s computer systems or secured networks by using software or any other technology capable of accessing, altering, or compromising the agency’s electronic records.”

This clause is much more consequential for my own work, as many, many, many business improvement districts, mostly under the baleful influence of Carol Humiston, the world’s angriest CPRA attorney, refuse to allow me to copy electronic records during inspection unless I pay them outrageous fees for expensive storage media.

Humiston designed this policy explicitly to impede access to records by driving up the costs, an illegal plan for which she is presently under investigation by the State Bar. Her BIDdies certainly can’t argue convincingly that use of the requester’s own equipment, e.g. a USB drive, WOULD result in compromised security (as opposed to MIGHT so result in some feverishly imagined world) this bill will likely put an end to Humiston’s illegal nonsense.

And interestingly this bill has drawn no significant opposition, not even from the California Downtown Association or other assorted BID fronts that habitually oppose even the mildest and most unobjectionable improvements in the Public Records Act.1 E.g. this year Todd Gloria’s AB 1184, which merely clarifies that existing state records retention law applies to emails.

Anyway, passing the Assembly unanimously is a good sign, and fingers crossed for the Senate. You’ll find no pre-hatch chicken counting around here, though. We saw in 2017 how determined coalitions of well-funded shadow-dwelling BIDdies can sink even very well-supported bills in the reconciliation process long after they’ve passed one house or another. Turn the page for a transcription of selections from the Assembly floor analysis of the bill.
Continue reading AB1819 Passes Assembly — Now On To Senate — A Tiny But Essential Improvement To The California Public Records Act — Will Require Agencies To Allow Requesters To Copy Records At No Charge — Using Their Own Equipment — Includes Electronic Files — Take That, Department Of Alcoholic Freaking Beverage Control!

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