The Los Angeles Times reported yesterday that the most excellent local LAPD critic Jasmyne Cannick1 filed suit against the City of Los Angeles and LAPD Chief Charlie Beck last week. The suit alleges, completely plausibly, that the LAPD arrested her during November 2014 protests about the shooting of Michael Brown, the same series of protests, incidently, which gave rise to Chua v. City of LA, in retaliation for her highly critical reporting on the LAPD in general and Charlie Beck in particular.2
Anyway, the Times story is great as far as it goes, but, as usual, it doesn’t contain much of the wonky details that we love around here. It doesn’t even mention that the suit was filed in Federal Court. But it was, and I went out and got copies of the primary sources:
I reported on Friday that the City Ethics Commission is slated to consider the case of Marie Rumsey, formerly of CD13 but now working as a lobbyist for the Central City Association, and her repeated violations of the City’s revolving door ordinance, found at LAMC 49.5.13(C)(1). As I noted then, she admitted guilt and excused herself in a particularly implausible way, according to the CEC’s report:
Rumsey received inaccurate legal advice from CCA’s former legal counsel and mistakenly believed that she could attempt to influence any City agency except Councilmember O’Farrell’s office.
Well, I’ve been thinking and thinking about it, and it occurred to me that, since Rumsey spoke before the Council a number of times, it ought to be possible to track down evidence that she had actually attempted to influence Darth Four-Eyes3 himself. So the first piece of evidence I found was this speaker card from the City Council meeting of November 17, 2015. Marie Rumsey signed up to speak on CF 14-1656-S1.4 Next, I had to track down the item on the Council video of that meeting. Well, I did track it down, and here is a link right to her comment. Not only does she address the Council in violation of the law, not only does Mitch O’Farrell end up voting yes on the matter before the Council after she asked him to in violation of the law, but Herb Wesson, who really ought to know better, welcomes her before she violates the law by saying “Ms. Ramsey, [sic] welcome home, good to see you.”
Well, that’s too much. Not only was it against the law for Marie Rumsey to be speaking in front of the Council, not only does it make a mockery of her explanation that her lawyer told her she was only forbidden from trying to influence Mitch O’Farrell’s office,5 but it shows Herb Wesson to be an even bigger idiot than previously suspected. Thus I resolved to write to the Ethics Commission urging them to reject their staff’s proposed stipulation, carry out further investigations, charge Marie Rumsey with ALL of her violations of the revolving door ordinance, and to consider whether Wesson and/or O’Farrell were in violation of LAMC 49.5.16(A)(1)(c), which prohibits aiding and abetting violations of the rest of the Government Ethics Ordinance. So I spent this evening writing this letter to the CEC and submitting it as a public comment for Tuesday’s meeting.6 You can also read it after the break if you’re on mobile or for some other reason prefer not to deal with a PDF. Continue reading Open Letter to the Los Angeles City Ethics Commission on the proposed stipulation in Case No. 2016-13, In the Matter of Marie Rumsey→
Although I don’t really have time to cover land use issues here, sometimes they have an intersection, however tenuous, with public records activity. Also, since BIDs are universally in favor of all development, no matter how illegal or stupid it might be, and they talk about it incessantly at their meetings in between planning to deport homeless people to Manzanar or whatever, it seems useful to collect some material on these issues here. One such instance is the stupidly huge development at 8150 Sunset Blvd.,7 recently approved by the LA City Council over the objections of freaking everybody.
So an organization called Fix the City8 sued the City on Thursday9 over various aspects of the 8150 Sunset project.10 I’m going to collect the filings on this case, starting with the verified petition filed Thursday, and you can get them via the menu structure or also:
One minor part of their proposal would have clarified without altering the application of these laws to business improvement districts which then, as now, are almost certainly required to register as lobbyists, even though none of them do nor have they ever. This minor clause in a major reform proposal kicked off a whirlwind of mouth-slavvery craziness on the part of the BIDs, which ended with Eric Garcetti effectively killing the CEC’s proposal in 2010 for no good reason other than that Kerry Morrison giggled at him in a committee meeting.13
Here are a couple unrelated announcements with which to begin another fine, windy weekend.
First, recall that lobbyist-loving ethics commissioner Ana T. Dahan was appointed to the Commission by Eric Garcetti in November 2014 to finish the remainder of a term, and then permanently a year later. Well, according to a report scheduled to be presented by Ethics Commission executive director Heather Holt at Tuesday’s Commission meeting, Ana Dahan has resigned:
We said farewell to Commissioner Dahan this month. She was appointed by Mayor Eric Garcetti in 2014, and we deeply appreciate the time she devoted to the Ethics Commission and her contributions to our enforcement and policy work. We wish her well as she embarks on a new career.
I submitted evidence of three violations, although there were clearly many others. They tagged her for two of them. She admitted that she’d broken the law, but gave as an exceedingly lame excuse that… well, let the CEC tell it:
Rumsey received inaccurate legal advice from CCA’s former legal counsel and mistakenly believed that she could attempt to influence any City agency except Councilmember O’Farrell’s office.
Because of this and because of her cooperation, CEC staff is recommending leniency:
The maximum administrative penalty for a violation of the City’s post-employment laws is the greater of $5,000 or three times the amount of compensation that was improperly received. Los Angeles City Charter § 706(c)(3). In this case, the two counts against Rumsey result in a maximum penalty of $14,250. We recommend a penalty of $7,125, which is equal to 50 percent of the maximum in this case. We believe the recommended penalty is appropriate, because it takes into consideration the serious nature of the violations while also encouraging cooperation with Ethics Commission investigations and the early resolution of violations.
At least since February 2016, the Greater West Hollywood Food Coalition has been publicly discussing a move away from its long-time ground zero at Sycamore and Romaine. Of course, Ms. Kerry Morrison does not like this one bit and, in her rage,16 in May, went off in a tizzy crying to Salvation Army Board member Hank Hilty, whose family owns the Northeast corner of Third and Fairfax,17 and to the Salvation Army Southern California chief-directorate-for-something-or-another in Long Beach, saying something like “Hey fellow zillionaires! We don’t like this so can you please put a stop to it?”
And just watch her little speech on the matter from May. See how her affect just screams competence, omnipotence, every-kind-of-cence-but-common-sense? Well, according to the Park La Brea News, the Food Coalition’s move is a done deal and they will start serving meals there on January 1st. So much for Kerry Morrison’s back-channel-zillionaire-solidarity methodology. But does she just admit that she’s been trying to stop this development for almost a year now and has failed utterly? Nope! She’s quoted right in the article, speaking as if from her metaphorical dais, that imaginary place of calm, controlled, power. Also sprach die Königin von Hollywood:
“[The GWHFC and Salvation Army] don’t perceive it will be much of a net increase of people coming to Hollywood, but we will have to see. I don’t necessarily buy that,” Morrison said. “The concern is not about the meal program, it’s what happens before and afterwards. When you are embarking on a project like this that is not self-contained, it is going to have implications for the surrounding neighborhood. We definitely will be watching. We will be tracking to see if there is any increase [in homeless people coming to Hollywood]. If we are 60 days into it and there is no impact, then we are golden.”
The tacit assumption here is that anyone cares whether or not she is “golden.” In fact, if anyone at all cared, she would have been able to stop the whole thing in January, when she first started tracking it, or in May, when she first started whining about it in public. But she couldn’t, so why would she be able to now? She’s putting up a good front, but she’s putting up a front.
I know the headline sounds like a joke, but it’s not. The L.A. Times reported on it this morning, although their article, as is their wont, did not mention business improvement districts at all, and, at least briefly, I thought they were kidding. But this is the Los Angeles City Council we’re talking about, and they were not. Huizar and Price first made a motion to legalize street vending in November 2013, three years ago, and, over the last three years we have been subjected to an endless stream of hysterical, mendacious, probably illegal, lobbying by the BIDs and their ideological allies against the very idea. They even managed to get the Times itself to accept their misbegotten point of view as somehow legitimate. In response to this outpouring of unregistered lobbying behavior,19 the City Council essentially responded by ignoring the issue,20 as you can see from the council file, which has no official City action since October 2015, until yesterday, when Curren Price and Joe Buscaino slapped this little number on the table. It’s a letter, which does indeed refer, albeit obliquely, to Darth Cheeto himself:21
Despite the undeniable division and polarization that exists in our country right now, there is one common characteristic that is shared by Americans of every gender, race, ethnicity, religion, sexual orientation, gender identity, immigration status and political party: our entrepreneurial spirit. We value the notion that everyone deserves the opportunity to start a small business, on a level playing field, with failure or success determined by our own talent, hard work, and perseverance. At an early age. we teach our children concepts like overhead, profit, and loss by encouraging them to sell Girl Scout Cookies, candy bars, and lemonade. Yet, if they sell any of those on a public sidewalk in Los Angeles, they are committing a crime of the same seriousness as drunk driving.
They go on to urge the Council to go ahead and legalize street vending because otherwise Trump has already won, and I can’t say that I disagree:
Recent talks about changes to our nation’s immigration policy, including threats to deport millions of undocumented immigrants – starting with those with criminal records – has created significant fear amongst our immigrant communities. Continuing to impose criminal misdemeanor penalties for vending disproportionately affects, and unfairly punishes, undocumented immigrants, and could potentially put them at risk for deportation.
Furthermore, Buscaino and Price claim that:
The core question the Council must answer is whether sidewalk vending poses a threat so grave to public health, safety, and welfare that it is worth continuing to expend limited police and prosecutorial resources enforcing a citywide ban.