Category Archives: Public Records Act Pragmatics

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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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 intervenors7 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 Friday8 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.9

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.10 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.11

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,12 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.13 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.14

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 this15 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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Psychopathic Rageball George Yu Of The Chinatown Business Improvement District Continues To Refuse To Participate In The Case Against Him — So We Slapped A Bunch Of Written Discovery On Him — Including A Set Of Requests For Admission — Which He’s Got To Answer Or Else Look Out George Yu! — Sample: “Admit that YOU have a pattern and practice of failing to lawfully respond to California Public Records Act” — Let’s See What You Make Of That, George Yu!

Let’s have a recap! In August of 2018 Katherine McNenny and I filed a petition against psychopathic rageball George Yu, the supreme leader of the Chinatown BID, for his failure to respond at all to a whole series of requests for records under the California Public Records Act. Then in September the BID failed to file a response to the petition before the deadline and in November no one from the BID showed up at the trial setting conference.

And to this very day George Yu has done nothing at all to even acknowledge that there’s this case pending against his damn BID. Of course a legal system isn’t a viable proposition if people can just ignore it. Obviously at some point they can be made to participate. And according to the lawyers,16 step one towards this end is to serve a bunch of discovery on them! And that is just what they did this very day! Today’s kind of discovery comes in three flavors, and here they are:

  • Requests for Admission — This kind of written discovery, as explained by the Wiki, is “a set of statements sent from one litigant to an adversary, for the purpose of having the adversary admit or deny the statements or allegations therein.” I find these super-entertaining, so there’s a transcription after the break.
  • Special interrogatories — This is a list of questions that the BID has to answer, like e.g. “Please state ALL actions YOU took prior to August 15, 2018 to locate ALL of the RECORDS that Petitioners requested.”
  • Requests for production of documents — Just like what it sounds like — Hand over the goodies, NOW!

Anyway, one hopes that this will get things moving over at the BID. George Yu can’t go on ignoring the situation forever, and there’s no such thing as a psychopathic rageball defense, at least not in a civil matter. The next step is a motion to compel, and after that, who freaking knows?! What we really want here is the records and to establish a viable workflow for future requests. If there’s a grownup in the room over in Chinatown, now would be the time to put them in charge. Turn the page for a transcription of (most of) the requests for admission.
Continue reading Psychopathic Rageball George Yu Of The Chinatown Business Improvement District Continues To Refuse To Participate In The Case Against Him — So We Slapped A Bunch Of Written Discovery On Him — Including A Set Of Requests For Admission — Which He’s Got To Answer Or Else Look Out George Yu! — Sample: “Admit that YOU have a pattern and practice of failing to lawfully respond to California Public Records Act” — Let’s See What You Make Of That, George Yu!

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City Of Los Angeles Files A Creditable Brief In Opposition To Appalling Los Angeles Police Protective League Anti-SB1421 Petition

Last week in the appalling lawsuit filed by the appalling Los Angeles Police Protective League seeking to prevent the LAPD from releasing records newly made public by SB1421, the City of Los Angeles filed a surprisingly unappalling opposition brief arguing that the records ought in fact to be released.

The LAPPL’s lawyers, Rains Lucia Stern St. Phalle & Silver, have been filing these lawsuits all over Southern California, and so far they’ve managed to get injunctions against releasing the records in San Bernardino and Orange Counties as well as, of course, in the City of Los Angeles. I thought I heard somewhere that not every government has opposed these suits, but I can’t verify it, so forget that! But, as I said, the City of L.A. did file an opposition, and you can find a transcription of selections below.

You may recall that the LAPPL’s argument is that it’s unfair to apply the law retroactively because officers made career decisions based on the confidentiality of these records. The City of Los Angeles, in response, says that releasing the records would not in fact be retroactive application because the law applies to records that the City has in its possession now.

They also argue that it wouldn’t be a retroactive application of a law because it doesn’t change the consequences attached to the actions of the officers related in the records. They argue that releasing old records was the intention of the legislature, and finally that the legislature does have the authority to change privacy protections that apply to existing records.
Continue reading City Of Los Angeles Files A Creditable Brief In Opposition To Appalling Los Angeles Police Protective League Anti-SB1421 Petition

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This Morning In The Anti-SB1421 Petition Case Brought By The Los Angeles Police Protective League — Judge James Chalfant Ruled That The ACLU Of Southern California — Representing Valerie Rivera — Could Intervene — And So Can The First Amendment Coalition And Various Newspapers — Although In A More Limited Way — Oh, And The City Of Los Angeles Did Actually File An Opposition To The LAPPL’s Position — So That’s Good

Yesterday the First Amendment Coalition filed a request to be allowed to intervene in the reprehensible petition filed on December 31 by the reprehensible Los Angeles Police Protective League seeking to bar retroactive enforcement of the monumental SB1421, which took effect on January 1 and is meant to require the release of records relating to serious cases of police misconduct.

It turns out that, unknown to me before this morning’s hearing, the ACLU of Southern California also filed a request to be allowed to intervene. They’re representing Valerie Rivera, mother of Eric Rivera, killed by the LAPD in 2017. She requested records relating to the investigation of the officer who killed her son and was denied on the basis of the LAPPL’s restraining order.

And there was a hearing this morning on these requests before James Chalfant, so off I went downtown to the good old Stanley Mosk Courthouse to see and hear what went on. Before the hearing really got going, by the way, it came out that the City of Los Angeles has actually filed an opposition to the LAPPL’s petition, although I don’t yet have a copy. This is news because in other cases like this one the governmental agencies have not all opposed the suits. I also learned that the LAPPL’s lawyer, Richard Levine, is filing scads of these cases, county by county by county. Which is interesting and, I’m sure, worth a lot of money to him.

Anyway, after a lot of discussion Chalfant decided that the ACLU could intervene in the case but that the FAC and its gaggle of newspapers could only intervene in a limited way. This is because he found that Ms. Rivera had a more compelling interest in the outcome than did the media. The FAC and the newspapers are required to file their opposition brief jointly with the ACLU so that Chalfant doesn’t have to read too much stuff,17 and they’re not allowed to seek attorney’s fees from the LAPPL. The ACLU will be allowed to seek fees.

At first Chalfant seemed inclined to postpone the upcoming February 5 hearing,18 but ultimately he did not. And here’s a copy of the minute order detailing what went on. Turn the page for a transcription.
Continue reading This Morning In The Anti-SB1421 Petition Case Brought By The Los Angeles Police Protective League — Judge James Chalfant Ruled That The ACLU Of Southern California — Representing Valerie Rivera — Could Intervene — And So Can The First Amendment Coalition And Various Newspapers — Although In A More Limited Way — Oh, And The City Of Los Angeles Did Actually File An Opposition To The LAPPL’s Position — So That’s Good

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First Amendment Coalition Files Ex Parte Application For Leave To Intervene In Los Angeles Police Protective League Anti-SB1421 Case — Joined By The L.A. Times, The California Newspaper Publishers’ Association, And Many Other Esteemed Journalistic Groups — Hearing On This Application Tomorrow Morning At 8:30 A.M. In Dept. 85 Stanley Mosk Courthouse

Today the First Amendment Coalition and a bunch of newspapers and newspaper-adjacent organizations filed an ex parte application for leave to intervene in the appalling case initiated by the Los Angeles Police Protective League seeking to prevent California’s new police transparency law, SB1421, from applying retroactively to records of police misconduct prior to 2019. This same crapola was already tried elsewhere and decisively shot down by the California Supreme Court, but, for whatever reason, in Los Angeles County the case must go on.

FAC is seeking to intervene in the case, even though they’re not parties to it. This is evidently sometimes allowed, according to the Wiki, when “a judgment in a particular case may affect the rights of nonparties, who ideally should have the right to be heard.” Here’s the pleading filed by the FAC. It’s called an ex parte application because they’re asking the judge to decide whether they should be allowed into the case without requiring the other parties to be present at the hearing, which is tomorrow morning at 8:30 a.m. in Department 85 of the Stanley Mosk Courthouse.

Because they aren’t parties to the case, they have to convince the judge that the interests of justice are served by allowing them to become parties. This argument is a huge part of their filing. They also argue that neither of the actual parties to the case, the PPL and the City, have any interest in ensuring that the public has access to records. In fact, they argue, it’s possible that the City may not file a response to the petition. Also, I guess to save time, they include the briefing that they’re proposing to file if the judge allows them to. It’s a powerful piece of writing, and you can find transcribed selections after the break.
Continue reading First Amendment Coalition Files Ex Parte Application For Leave To Intervene In Los Angeles Police Protective League Anti-SB1421 Case — Joined By The L.A. Times, The California Newspaper Publishers’ Association, And Many Other Esteemed Journalistic Groups — Hearing On This Application Tomorrow Morning At 8:30 A.M. In Dept. 85 Stanley Mosk Courthouse

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On December 31, 2018 The Los Angeles Police Protective League Asked For And Obtained A Court Order Preventing LAPD From Applying SB1421 Retroactively — Thus While The Rest Of The State Has Access To Records Of Police Misconduct Los Angeles Is Left In The Dark — At Least Until The Scheduled February 5, 2019 Hearing — City Of LA Opposition Is Due By January 22 — I Have Copies Of The LAPPL Petition — And Craig Freaking Lally’s Declaration In Support — And All Other Pleadings!

If you’re reading this blog you’re very likely aware that on January 1, 2019 the monumental SB1421 took effect, basically ending exemptions which, until now, have prevented the release of records documenting even the most extreme cases of police misconduct. Police agencies all over the state are freaking out about this, and some even asked the California Supreme Court to declare that the law didn’t reply retroactively. The justices shot down that malarkey last week, and then upped the stakes by asking to be briefed on whether the new law required the release of even more material than had been anticipated.

And thus police departments are beginning to release these records. For instance, there’s this case of an officer in Burlingame who’d been fired for offering to help a drunk driver with her charge in exchange for sex. And this newly released information evidently has the San Mateo County D.A. reconsidering his earlier decision not to criminally charge the officer. Which is how this law is supposed to work. And it seems that that’s how it is working.

Except, it turns out, in the City of Los Angeles. It doesn’t seem to have been widely reported on,19 but it seems that here, the Los Angeles Police Protective League filed an emergency petition on December 31, 2018, asking the Superior Court to stop the LAPD from applying SB1421 retroactively. And shockingly, astoundingly, appallingly, the court agreed and issued an order to that very effect, which is in effect at least until the scheduled hearing on February 5, 2019.20

The LAPPL’s whole argument seems to be that officers have made crucial career decisions relying on the privacy of the records, and that therefore it would be manifestly unfair to publish them now. For instance, according to Craig Lally in a sworn declaration, police officers often agree not to appeal findings of misconduct even though they think they’re innocent just to get things settled quickly and not disrupt operations. But, says Lally, they would never have done this had they known that the records would be published at some point.21

And apparently there’s really nothing to be done about this until the hearing. We are just not going to get these records right away. Oh, except it’s possible to read all the pleadings filed in the case. The City of Los Angeles hasn’t yet responded, but I obtained copies of everything that there is so far and published it here on Archive.Org. It’s upsetting, but it’s better to know. Turn the page for a linked list of everything and a transcription of selections from Lally’s declaration.
Continue reading On December 31, 2018 The Los Angeles Police Protective League Asked For And Obtained A Court Order Preventing LAPD From Applying SB1421 Retroactively — Thus While The Rest Of The State Has Access To Records Of Police Misconduct Los Angeles Is Left In The Dark — At Least Until The Scheduled February 5, 2019 Hearing — City Of LA Opposition Is Due By January 22 — I Have Copies Of The LAPPL Petition — And Craig Freaking Lally’s Declaration In Support — And All Other Pleadings!

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David Ryu Is The Third City Councilmember Revealed To Be Using A Private Email Address To Conduct City Business — In Fact He’s Sending Emails To Mitch O’Farrell’s Private Email Account — Cause Of Course He Is

Within the last few weeks we have learned that Mitch O’Farrell conducts City business through a Gmail account and so does Gil Cedillo. Now for the first time it is revealed that David Ryu also has a secret private email account that he uses to conduct City business. The email address is david@davidryu.com. Drop him a line, I’m sure he’ll appreciate it, especially if you can Paypal him $800 for the old officeholder account.

In an interesting twist, I learned of the existence of David Ryu’s private email account because he used it to email Mitch O’Farrell in April and the email, which you can read here (and there’s a transcription after the break), was produced by CD13 in response to the Hollywood Sunshine Coalition’s CPRA request. And as for what the email is about, well, it’s hard to tell.

It’s about a $200 million building project at Hollywood Presbyterian Hospital and who’s invited to the groundbreaking ceremony and did they go and pay court to Mitch O’Farrell like David Ryu told them they had to? I’m sure it all makes sense to people who know exactly whose hand is down whose pants at 200 N. Spring Street. To the rest of us, although the connotations of corruption are clear, the actual meaning is obscure.

The real value in this revelation, at least the real immediate value, is twofold. First it exposed David Ryu’s secret email address, which is of intrinsic public interest. Second, it shows that not only are our councilmembers hiding their nefarious work from us by communicating with their special friends and lobbyists via private unscrutinized channels, but they’re also doing the same thing with one another. Did you ever wonder how those extraordinary unanimous outcomes are created in Council meetings over and over and over again? I believe I’m on the verge of really understanding it, and this is an essential piece of the puzzle.

Oh, did I mention that our friends at the Hollywood Sunshine Coalition have asked David Ryu’s office for the goodies? Well they have, and just as Mitch O’Farrell’s sinister gatekeeper Jeanne Min tried to claim that CD13 didn’t have to hand over anything cause it would be too darn much work, David Ryu’s sad-sack minion Andrew Suh is taking the same tack. CD4 is on NextRequest, so you have to look at a PDF of the request as it’s presently unpublished. Stay tuned for news as we get it and turn the page for a transcription of the email.
Continue reading David Ryu Is The Third City Councilmember Revealed To Be Using A Private Email Address To Conduct City Business — In Fact He’s Sending Emails To Mitch O’Farrell’s Private Email Account — Cause Of Course He Is

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