Category Archives: Los Angeles City Government

Ethics Commission To Hold Three Meetings Starting Next Week (September 7, 9, 13) To Gather More Input On Revision Of Municipal Lobbying Ordinance — Please Come To Comment!

City Hall is always being built and rebuilt, and we might as well lend a hand. Never forget that the stone that the builder rejected is become the head of the corner!
Maybe you recall that the Policy Staff of the City Ethics Commission is in the process of proposing revisions to the Municipal Lobbying Ordinance. The proposals were discussed at length at the Commission’s August 15 meeting and, after a bunch of self-serving and mostly mendacious public commentary from a bunch of lobbyists, the Commissioners basically, disgracefully, took the position that even though the staff had been seeking input on the proposals for 18 months, the lobbyists needed even more time to weigh in.

So in furtherance of this ridiculous but nevertheless not-to-be-ignored directive from the Commission, the Policy staff, led by the heroic and long-suffering Arman Tarzi, has scheduled three so-called interested persons meetings to gather even more input. If you were at the meeting you’ll have noticed that mostly only lobbyists commented.1 The Policy staff sent out an email tonight announcing these meetings, and here they are, along with instructions for attending:

  • Thursday, September 7, 2017. 1:30pm – 3:30pm. City Hall, Room 1060 — This meeting is for a general discussion of the Municipal Lobbying Ordinance.
  • Saturday, September 9, 2017. 9:25am – 12:00pm. (Precise time & room TBD) — This meeting is also for a general discussion of the MLO. It is being held as part of the Congress of Neighborhood Councils and it is necessary to register for it separately.
  • Wednesday, September 13, 2017. 10:00am – 12:00pm. City Hall, Room 1070. — This meeting is to focus on input from the nonprofit community.

The Policy staff request that you RSVP for any of these meetings you plan to attend at ethics.policy@lacity.org. If you can’t attend a meeting you can also email your comments to the same address.

I hope to attend the first two, and I really hope that you and/or your friends can too. These revisions of the MLO are essential for improving government transparency and accountability in the City of Los Angeles, and if we let the lobbyists obstruct or eviscerate them, we’ll all be the worse for it. Turn the page for some links to and brief discussions of some of the essential issues.
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President Tara Devine Begged Fashion District To Hire Her For BID Consulting At $72,000 But They Hired UPC At $55,000 Instead Even Though Estela Lopez Really Loves President Devine And Steve Heumann Had “Front Row Seat” To President Devine’s Work In “Impossible” Venice — President Devine Admits Against Interest That Purpose Of BID Consulting Is To “Effectuate Approval” Of Municipal Legislation

As you may recall, I’ve been studying the relationships between BIDs and the consultants they hire to guide them through the process of establishing or renewing their BIDs. As part of this work I discovered, e.g., that the Fashion District BID is paying $55,000 to FDBID Executive Directrix Rena Leddy’s former employer Urban Place Consulting for renewal services. But before the Board hired UPC they, acting as the fiscally responsible grownups they are, for whatever reason, presumed to be, solicited proposals from the City’s various BID consultants.

And, although it’s probably not such a surprise given how few BID consultants there are in this City, it turns out that famously shadowy BID consultant Tara Devine submitted a proposal! She didn’t get the job, though, possibly because her bid was almost $20,000 higher than UPC’s. And there are many things to be learned from this document, not least of which is the fact that Tara Devine, utilizing the grammatical voice known technically as “unhinged third person,” refers to herself throughout as “President Tara Devine.”2

The most important information in the document, though, has to do with the scope of services, which contains crucial information for my ongoing project of turning BID consultants in to the Ethics Commission for failing to register as lobbyists. One necessary element of the registration requirement, found in the Municipal Lobbying Ordinance,3 is that a lobbyist be employed “…for the purpose of attempting to influence municipal legislation on behalf of any person.”4

BID renewal requires the City Council to pass two distinct ordinances,5 and this fact is a key element of my my general argument that BID consulting is lobbying. But how much more effective than me arguing for this position to just have President Tara Devine admit herself, in her own words, that when a BID hires her as a consultant they are hiring her to get some legislation passed. Given this admission against interest, she’ll have a hard time arguing that she’s not a lobbyist:

Coordination with City Clerk, HCED Chair, Council President, and Council District 14 to effectuate scheduling and approval of:
o Ordinance of Intention
o Ordinance of Establishment
o Prop 218 Ballot Issuance

Anyway, the whole document is well worth your time to read, although most of it’s merely mockable rather than substantial. Turn the page for transcriptions of some selections, including a bunch of risible testimonials from President Tara Devine’s cronies in BIDlandia and their comments, as filtered through her considerable third-person ego, about her work in Venice and elsewhere.
Continue reading President Tara Devine Begged Fashion District To Hire Her For BID Consulting At $72,000 But They Hired UPC At $55,000 Instead Even Though Estela Lopez Really Loves President Devine And Steve Heumann Had “Front Row Seat” To President Devine’s Work In “Impossible” Venice — President Devine Admits Against Interest That Purpose Of BID Consulting Is To “Effectuate Approval” Of Municipal Legislation

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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 South Park BID In 2017

So you may recall that I’ve been working on establishing the fact that BID consulting constitutes lobbying as defined in the Municipal Lobbying Ordinance. I kicked off this project in February with shadowy BID consultant Tara Devine, whom I reported to the Ethics Commission for working as a lobbyist but failing to register as a lobbyist. Meanwhile, if you have no idea what I’m talking about, here is a reasonable introduction to the concepts of both BID consultancy and why it’s almost certainly the kind of thing for which registration with the Ethics Commission is required.

My theory gained some credibility with the discovery that some BID consultants in Los Angeles do register as lobbyists. Since February I’ve been collecting evidence against Ed Henning for his work with the San Pedro BID and also against Urban Place Consulting for their work on Fashion District BID renewal and also Media District BID renewal.

And, of course, against Tara Devine for her ongoing work with the South Park BID. Finally, a few weeks ago I completed a generic argument6 that BID consultancy constitutes lobbying. And this morning I’m pleased to announce that, despite the twisted CPRA-defying machinations of South Park BID director of operations7 Katie Kiefer and her less-than-competent lawyers,8 I have submitted yet another complaint to the Ethics Commission against Tara Devine, this time for her BID consulting for South Park. You can read the whole complaint here.

And turn the page for a technical discussion of an interesting issue which came up while I was putting this complaint together. Note that I discussed this same issue the other day, so if you read that post, you might want to just skip the rest of this one.
Continue reading 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 South Park BID In 2017

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In Defense Of Detailed Reporting Of Contacts Between Lobbyists And City Officials

On August 15 the City Ethics Commission met and discussed proposed changes to the Los Angeles Municipal Lobbying Ordinance. The Commissioners with one notable exception were disgracefully deferential to the trumped-up concerns of a bunch of lobbyists. You can read the full set of staff recommendations as well.

I hope everyone who cares about government ethics in Los Angeles will write comments to the Commission. I’m currently working on a series of my own positions, to be compiled and submitted as public comment. This post is the second in the series, and the previous item was In Defense of a Compensation-Based Registration Threshold for Lobbyists.

Today I’m defending the proposed change to a requirement that lobbyists report individual contacts with City officials by name and title. Right now there’s a super-minimal reporting requirement which is essentially ineffectual. As always, if you have no idea what I’m talking about, you’re not alone. Turn the page for an introduction to the issue and arguments in favor of making the change.
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In Defense Of A Change To A Compensation-Based Threshold For Lobbying Registration In Los Angeles

I wrote yesterday about a troubling meeting of the Ethics Commission concerning revisions to the Municipal Lobbying Ordinance. The proposals are still very much in flux, and timely public comments are not only essential for swaying the wavering commissioners in the right direction, but the commissioners, no matter their other flaws, do seem to read them, so they’re likely to be effective if submitted over the next couple of months.9

I had planned to write a letter to the Commission about all the issues together and publish it here as well, but the more I think about it the more I have to say. Thus I thought it would be much easier for everyone if I wrote about one issue at a time and then edited the posts down into a single letter to the Commission. Also, maybe you’ll find some of my ideas useful in framing your own letters, which should be sent to ethics.policy@lacity.org.

This post, then, is the first installment of that project, and the subject is the proposed change from a time-based registration requirement to a compensation-based requirement. If you have no idea what I’m talking about, you’re surely not alone. Turn the page for an introduction to the issue and arguments in favor of making the change.
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In A Disgraceful Display Of Regulatory Capture, Ethics Commissioners (Except For Andrea Ordin) Drink Lobbyist Kool-Aid With Respect To Lobbying Ordinance Revision, Direct Staff To Acknowledge Even More Bullshit Pissing And Moaning From Lobbyists, And Gleefully Betray Their Duties To The People Of Los Angeles

A couple weeks ago I wrote about proposed changes to the Municipal Lobbying Ordinance, which were on the agenda for Tuesday’s meeting of the Ethics Commission. The proposed revisions would essentially require more detailed, much quicker disclosure of lobbyists’ projects and clarify precisely who is required to register. Well, the meeting happened. First there was a ton of public comment from lobbyists, all of it the familiar bitching and moaning that the power elite of Los Angeles will typically spew forth when they feel that their power is threatened in any way.

Next there was a series of embarrassing PDAs between Commissioners and lobbyists about how wrong it is to burden the “regulated community”10 with any oversight at all and how, despite all evidence to the contrary, lobbyists actually want to follow the laws. The Commissioners, that is, apart from Andrea Ordin who, alone among her colleagues, seems to remember why we have a lobbying ordinance in this City, basically took the position that if the lobbyists in attendance were upset by the proposed revisions then there was something wrong with the proposals.

Subsequently, the Commissioners asked Director of Policy Arman Tarzi a series of questions displaying their embarrassing ignorance of how lobbying actually works in this City, and finally Commission President Jessica Levinson directed the staff to solicit even more input from lobbyists on how they want to be regulated. This despite the fact that the revision process has already been going on for a year and a freaking half already. Anyway, I taped the whole 90 minutes of discussion, and you can watch it here:

  • Part one — About an hour’s worth of mostly mendacious public comment from lobbyists followed by the beginning of the interrogation of the long-suffering, saintly, heroic Arman Tarzi by Commissioners who, mostly, don’t even seem to have read the material they’re deliberating on, or not to have comprehended it if they did read it.
  • Part two — Ethics Commissioners falling over themselves to state how great lobbyists are and quizzing the staff about matters that, as commissioners, they ought already to understand.

If you’re wondering how important this issue is, just think back to the recent episode of the Skid Row Neighborhood Council formation effort. There we saw massive illegal lobbying efforts directed at successfully employed to convince Jose Huizar to subvert the subdivision election on behalf of anonymous clients who paid more than $45,000 for this service and whose identities, despite the requirements of the MLO, are still unknown to the public. It’s quite plausible that a more timely disclosure of this information would have changed the outcome of the election.

And turn the page for a detailed discussion of the some problems with the proposed revisions that the Commissioners purported to find. As you consider the Commissioners’ cataclysmic failure to regulate lobbying in Los Angeles, keep in mind that it’s people like the residents of Skid Row that they’re failing to protect.
Continue reading In A Disgraceful Display Of Regulatory Capture, Ethics Commissioners (Except For Andrea Ordin) Drink Lobbyist Kool-Aid With Respect To Lobbying Ordinance Revision, Direct Staff To Acknowledge Even More Bullshit Pissing And Moaning From Lobbyists, And Gleefully Betray Their Duties To The People Of Los Angeles

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Apparently The City Attorney Of Los Angeles Has Opined That Business Improvement Districts Can’t Spend Money On Things That Aren’t In Their Management District Plans Unless The Plans Are Amended — At Least That’s What Shadowy BID Consultant Tara Devine Said In 2012 And Why Would She Lie About That?

When business improvement districts in California are created, it’s required by the Property and Business Improvement District Act of 1994 at §36622 to file a so-called management district plan (MDP) with the City. This is meant to describe exactly what the BID is going to spend its money on, and it’s incorporated into the City’s Ordinance of Establishment, by which means the BID is created. It must be approved by the City Council, and the City has the power to revise it at will. The law makes it pretty clear that BIDs are actually forbidden from spending money on activities that aren’t in the MDP, although this facet of the law is generally ignored by the City.

And I’m presently working on a project that requires a close reading of invoices submitted by Tara Devine11 to the South Park BID over the years, which I obtained last month as the fruit of a CPRA request.12 Although 2012 is outside the timeline I’m working on, I was fascinated to note that Tara Devine seems to have been engaged by the South Park BID to actually write that year’s annual planning report13 for them. One of the things that she billed for in the course of performing her contract to do so Tara Devine billed for was a conversation with accounting firm RBZ, since merged with Armanino, and the subject of that conversation was wholly new to me:
Continue reading Apparently The City Attorney Of Los Angeles Has Opined That Business Improvement Districts Can’t Spend Money On Things That Aren’t In Their Management District Plans Unless The Plans Are Amended — At Least That’s What Shadowy BID Consultant Tara Devine Said In 2012 And Why Would She Lie About That?

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In Which I Present A General Argument That BID Consultancy Is Lobbying Activity In Order To Simplify And Regularize The Process Of Reporting BID Consultants To The Ethics Commission For Failure To Register

It’s a long term project of mine to turn in as many BID consultants as possible to the City Ethics Commission for failing to register as lobbyists. So far, though, I’ve only managed to report Tara Devine for her work on the Venice Beach BID because the work is so involved. Such a report has two essential components:

  1. An argument that BID consultancy satisfies the definition of lobbying activity found in the the Municipal Lobbying Ordinance at LAMC §48.02.
  2. An argument that a specific BID consultant was paid for sufficiently many hours over sufficiently few months to trigger the registration requirement found in the MLO at LAMC §48.07(A).

It occurred to me recently that the first argument will be the same for all BID consultants, and that therefore it would be possible to streamline the reporting process by writing it up in a generic format that would apply to any given BID consultant. So that’s what I did, and you can read the result here. I will be using this to make a number of complaints against BID consultants in the near future, which I will report on here.

Meanwhile, if you have no idea what I’m talking about, you can find explanations of everything after the break, along with a fairly detailed summary of the argument that BID consultancy qualifies as lobbying under the MLO.
Continue reading In Which I Present A General Argument That BID Consultancy Is Lobbying Activity In Order To Simplify And Regularize The Process Of Reporting BID Consultants To The Ethics Commission For Failure To Register

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Department Of Neighborhood Empowerment Recommends That Online Voting In Future Neighborhood Council Elections Be Optional

Background: You can read my previous stories on the Skid Row Neighborhood Council formation effort and also see Jason McGahan’s article in the Weekly and Gale Holland’s article in the Times for more mainstream perspectives.

Yesterday the Department of Neighborhood Empowerment submitted a report on online voting in neighborhood council elections to the Los Angeles City Council’s Health, Education, and Neighborhood Councils Committee.14 Here’s a link to the report, but be careful as it’s a massive PDF. After the great injustice and great pain caused by José Huizar and DONE by imposing online voting on the Skid Row Neighborhood Council effort one might think that DONE would have displayed some consciousness of the damage they’d created.

But that didn’t happen. In an unfortunately characteristic display of block-headed indifference to both morality and reality, the sole lesson DONE seems to have learned is that online voting increases voter participation:

The potential of online voting and voter registration to engage more stakeholders in Neighborhood Council elections was clear in the 2016 pilot as noted in the January 17, 2017 report and confirmed in the subdivision election for Skid Row Neighborhood Council this year where 1,388 votes were cast online out of a total of 1,592.

It’s disgusting indeed that they don’t even mention the fact that online voting increases participation among non-homeless people while actively decreasing it among the homeless, even though they are well aware of this fact. And their recommendation to the City Council, which will almost surely be adopted verbatim? It’s that online voting should not be imposed on any other neighborhood councils but that they be allowed to opt into it if they so choose:

[DONE recommends that Council i]nstruct the Department of Neighborhood Empowerment and Office of the City Clerk to make online voting an option available for the Neighborhood Councils whose online voting platforms are already built out …

Additionally, they recommend that neighborhood council terms be extended in order to match the new Los Angeles city election schedule. Turn the page for a transcription of the summary of the report
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Why Does Shadowy Anonymous United Downtown Have The Same Phone Number As The Central City East Association?

Background: You can read my previous stories on the Skid Row Neighborhood Council formation effort and also see Jason McGahan’s article in the Weekly and Gale Holland’s article in the Times for more mainstream perspectives.

I reported a couple days ago that Liner LLP, the lobbying firm hired by the shadowy anonymous entity known as United Downtown for the purpose of killing the Skid Row Neighborhood Council formation, had finally disclosed their client via their Q2 report. I didn’t realize then that Liner had also filed an amended 2017 registration statement showing United Downtown as a client, which they had previously failed to do.

And there’s a crucial detail in these disclosures that I missed. I was alerted to this matter by a source who spoke to me on condition of anonymity. Take a look at the disclosure statement. In particular, the phone number that Liner gives for United Downtown is (213) 228-8484. Now take a look at Central City East’s contact info (and here’s a screenshot should it become necessary). Their phone number is (213) 228-8484 as well! This would go a long way towards explaining the outsized role played by Estela Lopez in this fiasco as early as January 2017.
Continue reading Why Does Shadowy Anonymous United Downtown Have The Same Phone Number As The Central City East Association?

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