Category Archives: Public Records Act Pragmatics

Business Improvement Districts, Miscellaneous, Public Records Act Pragmatics

Self-Proclaimed Hollywood Super Lawyer Jeffrey Charles Briggs Adorns His Professional Emails With Quotes From This Blog!! Tacit Endorsement Of Us? Irresistible Freudian Urge To Reveal His Hidden Forbidden Feelings? Stockholm Syndrome? All Of The Above?? Enquiring Minds Wanna Know!!

March 16, 2018 Mike Leave a comment

So as you’re probably aware, the staff of this blog is involved in any number of interminable legal battles with various BIDs across the City of Los Angeles for the sole reason that, being zillionaires and therefore suckled on white privilege and Satan’s wine, they cannot, for the damn life of them, just follow the freaking law. And some astonishingly large percentage of this City’s BIDdies are represented in their CPRAfactions by self-proclaimed Hollywood Superlawyer Jeffrey Charles Briggs.¹

Therefore it is not unusual for me to sit down in front of the computer to spend a pleasant hour or so arguing with BIDdies about how they better start handing over the damn goods or else …² and to spend like 80% of that time swapping electrons with the notorious JCB himself. And I have to say, it’s pretty fulfilling, cause the guy has a hair-trigger temper and I get three points³ every time he loses it.⁴

So anyway, right now we’re into it about the issue of whether two different versions of an email, with different metadata but the same body content, are distinct records or not. He says no, they’re the same. I say yes, they’re different.⁵ And he’s maintaining his untenable position for two distinct clients. First, the East Hollywood BID and second, the Hollywood Media District BID. And, my friend, turn the page for more snide remarks, evidence that Mr. JCB reads this blog and quotes it, and, de natch, transcriptions galore!
Continue reading Self-Proclaimed Hollywood Super Lawyer Jeffrey Charles Briggs Adorns His Professional Emails With Quotes From This Blog!! Tacit Endorsement Of Us? Irresistible Freudian Urge To Reveal His Hidden Forbidden Feelings? Stockholm Syndrome? All Of The Above?? Enquiring Minds Wanna Know!! →

Business Improvement Districts, Public Records Act Pragmatics

More Eye-Poppingly Implausible Deliberative Process Exemption Claims By Attorney Briggs, BID-Addled Self-Proclaimed 36^th Level Shaolin Black Belt CPRA-Fu Master — Not!

February 28, 2018 Mike Leave a comment

Recently, first on February 8, 2018 and then again on February 17, 2018, I’ve published some sets of emails for which self-proclaimed Hollywood Superlawyer Jeffrey Charles Briggs had at some point in the past claimed were exempt from production via the California Public Records Act due to the half-delusional common law principle known to the zillionaire elite and their minions as the Deliberative Process Exemption.

Both of those sets of documents were collateral fallout from an almost-concluded writ petition I was forced by Briggs’s bizarro intransigence to file against his client, the Hollywood Media District. Today, though, I have yet another set, this batch from the East Hollywood BID. They are also a client of Briggs, moved not only to bizarro intransigence but to a freaking intransigential paradigm shift by Briggs’s newly emboldened stance against simple compliance with the law.⁶

There are two quite distinct parts to this story. First, there are the actual emails that Briggs Esq. claimed to be exempt. Along with those goes much more than a modicum of mockery. Second, there’s the story of the CPRA request itself and how Attorney Briggs cannot for the freaking life of him just tell his client to follow the damn law because it’s easier for everyone in the long run. Turn the page for an obsessively detailed discussion of the first part.⁷ Continue reading More Eye-Poppingly Implausible Deliberative Process Exemption Claims By Attorney Briggs, BID-Addled Self-Proclaimed 36^th Level Shaolin Black Belt CPRA-Fu Master — Not! →

Business Improvement Districts, Public Records Act Pragmatics

More Hollywood Media District CPRA Exemption Claims Exposed By Court Order As Unmitigated Mendacity — E.G. Laurie Goldman’s City Hall Gossip-Mongering Chittery-Chat To Fellow Board Members Ferris Wehbe And David Freaking Bass About Michael Weinstein, Eric Garcetti, And Little Mitchie O’Farrell Could Not Be Considered Part Of A Deliberative Process Anywhere Outside Of The Feverishly Dizzying Intellect Of Self-Proclaimed Hollywood Superlawyer Jeffrey Charles Briggs

February 17, 2018 Mike Leave a comment

A couple weeks ago I wrote about an email that self-proclaimed Hollywood superlawyer Jeffrey Charles Briggs had released to me in response to a CPRA request but later claimed that it was exempt from release as a result of his having solemnly intoned the words “deliberative process” three times while standing on his hands naked at a crossroads at midnight on the Summer Solstice, which is about the level to which the CPRA has descended in this fair City in these latter days.

I mentioned at that point that he and his infernal client, the Hollywood Media District Property Owners Association, had been ordered by the Hon. Mary Strobel to hand over a whole passel of other emails which they’d claimed were exempt for various reasons.⁸ So finally I received these emails from le super-avocat de Hollywood lui-même, and now you can read them too!

For extra behind-the-scenes CPRA thrills, compare them to Jeffrey Charles Briggs’s summaries and aggressively hallucinated exemption claims in the declaration and log he filed with the court. And turn the page for a detailed analysis in a couple of cases of just how deeply, arrogantly nonsensical these exemption claims are revealed to be once we can compare them with the actual emails.
Continue reading More Hollywood Media District CPRA Exemption Claims Exposed By Court Order As Unmitigated Mendacity — E.G. Laurie Goldman’s City Hall Gossip-Mongering Chittery-Chat To Fellow Board Members Ferris Wehbe And David Freaking Bass About Michael Weinstein, Eric Garcetti, And Little Mitchie O’Farrell Could Not Be Considered Part Of A Deliberative Process Anywhere Outside Of The Feverishly Dizzying Intellect Of Self-Proclaimed Hollywood Superlawyer Jeffrey Charles Briggs →

Business Improvement Districts, Public Records Act Pragmatics

An Unforced Error By Self-Proclaimed Hollywood Superlawyer Jeffrey Charles Briggs Provides Unique Insight Into The Thoroughly Cynical, Thoroughly Bogus Nature Of BIDs’ Use Of The Deliberative Process Exemption To The California Public Records Act — They Even Used It In One Case To Cover Up A Blatant Brown Act Violation

February 8, 2018 Mike Leave a comment

One of the biggest flaws in California’s Public Records Act is that the various local agencies that constitute our government are trusted to search their own records, decide without oversight what’s responsive to requests and, worst of all, decide what’s exempt from production. My general feeling about BIDs and record searches is that they purposely don’t find everything, about their exemption claims that they’re mostly lying.

Unfortunately, without a lawsuit, it’s not realistically possible to get a look at records for which they’ve claimed exemptions.⁹ Hence it’s not usually possible to check how closely this feeling corresponds to reality. However, due to an interesting confluence of events, I recently obtained a number of emails between various people at the Hollywood Media District BID for which their lawyer, Jeffrey Charles Briggs,¹⁰ had claimed exemptions, thus making it possible to compare his claims with the actual records. Unsurprisingly the exemption claims turned out to be $99\frac{44}{100}\%$ pure and unadulterated nonsense. You can find the emails and some analysis after the break, but first I’m going to ramble on a little about some tangentially related issues.

Like many policies, this default assumption of honesty on the part of local agencies no doubt works when it works, but when it comes to the BIDs of Los Angeles, who are staffed, for the most part, with the most unscrupulous bunch of pusillanimous chiselers ever to engorge their bloated reeking tummies at the public piggie trough, it doesn’t work at all.¹¹ They lie, they confabulate, they delude themselves and others, and generally display utter and overweening contempt for the rule of law.¹²

And nowhere does their misbehavior reach a more fevered pitch than in the use of the so-called “deliberative process” exemption to the CPRA. In short, this is an exemption that courts have built up out of the “catch-all” exemption to CPRA, found at §6255(a), which says:
Continue reading An Unforced Error By Self-Proclaimed Hollywood Superlawyer Jeffrey Charles Briggs Provides Unique Insight Into The Thoroughly Cynical, Thoroughly Bogus Nature Of BIDs’ Use Of The Deliberative Process Exemption To The California Public Records Act — They Even Used It In One Case To Cover Up A Blatant Brown Act Violation →

Business Improvement Districts, Municipal Ethics, Public Records Act Pragmatics

Experimental CPRA Request To San Francisco County Supervisor Aaron Peskin For Emails To/From Union Square BID Director Karin Flood On A Subject Found In Her Lobbying Disclosure Demonstrate The Utility Of Detailed Contact Reporting By Registered Lobbyists

September 16, 2017 Mike Leave a comment

One of the major issues in the currently ongoing process of revising this City’s Municipal Lobbying Ordinance has to do with the level of detail about their contacts with City officials that lobbyists should be required to disclose. Currently they don’t have to disclose much, but there’s a proposal on the table to require them to disclose each contact with a City official including which issue was discussed.

Naturally, the lobbyists hate this idea. Their big argument against it, which has, to their everlasting shame, been echoed by a number of Ethics Commissioners, is that this level of disclosure would require so much work that the entire lobbying industry in Los Angeles would be driven into bankruptcy. This, of course, is ridiculous, not least because, just for instance, our silicon-addled redheaded step-cousins up North in the City and County of San Francisco require precisely this information on their disclosure forms without, obviously, having driven the industry into the ground. It’s fascinating to look at these disclosures, by the way. Check out San Francisco’s lobbyist directory for links to all of it.¹³

And one of the major arguments in favor of requiring lobbyists to disclose each contact with a City official and the issue discussed is that it would facilitate requesting records of the City via the California Public Records Act, and thus promote transparency. This is a great argument in the abstract, but concrete arguments are always more persuasive.¹⁴ Oh, I forgot to mention it, but in San Francisco, BID staffers register as lobbyists, unlike in Los Angeles.¹⁵ So, in keeping with the blog’s BID theme, I thought I’d try out my little test on Karin Flood, executive directrix of San Francisco’s Union Square BID. Turn the page to find out what happened!
Continue reading Experimental CPRA Request To San Francisco County Supervisor Aaron Peskin For Emails To/From Union Square BID Director Karin Flood On A Subject Found In Her Lobbying Disclosure Demonstrate The Utility Of Detailed Contact Reporting By Registered Lobbyists →

Business Improvement Districts, Hollywood Property Owners Alliance, Public Records Act Pragmatics

How Kerry Freaking Morrison And A Bunch Of Other Bad BIDdies Helped Gut AB-1479, An Essential Improvement To The California Public Records Act, And It Seems, If You Believe Them (Although Why Would You, Really?), To Be All My Freaking Fault For Being So Freaking Mean To Them On The Freaking Internet And Being “Intent On Bringing [Their Freaking] Organization To Its [Freaking] Demise”!

September 7, 2017 Mike Leave a comment

In February 2017, California State Assemblymember Rob Bonta of Oakland introduced AB-1479, which would have amended the California Public Records Act to allow judges to assess civil penalties of between $1,000 and $5,000 to punish flagrant CPRA violations. The bill sailed through the Assembly and almost made it through the Senate until a shitstorm of opposition, including from many Los Angeles BIDs, some of whom cited this blog as part of their parade of horribles, hired high-powered lobbyists Gonzalez, Hunter, Quintana, & Cruz and thereby sank the most important part of the bill, leaving only a tragic and fairly useless husk.

According to a staffer of Bonta’s who is in charge of this bill it’s essentially irredeemable this term, but they’re going to try again next year. Also, she was kind enough to send me a huge selection of letters received, pro and con, including a bunch from many of our Los Angeles BID friends. If we can’t beat them, well, at least we can publish their ravings and then mock them, right? The whole collection is available on Archive.Org. You should definitely read through it if you’re interested. The support letters are fabulous, but I don’t have time to discuss them here.

And turn the page for a more comprehensive description of exactly what happened, of how the BIDs, as usual, missed the whole point, and an exceedingly, painstakingly, obsessively, mockingly detailed analysis of this characteristically delusional, narcissistic, crackle-pated nonsense from our own Ms. Kerry Morrison.¹⁶ Continue reading How Kerry Freaking Morrison And A Bunch Of Other Bad BIDdies Helped Gut AB-1479, An Essential Improvement To The California Public Records Act, And It Seems, If You Believe Them (Although Why Would You, Really?), To Be All My Freaking Fault For Being So Freaking Mean To Them On The Freaking Internet And Being “Intent On Bringing [Their Freaking] Organization To Its [Freaking] Demise”! →

Business Improvement Districts, Municipal Ethics, Public Records Act Pragmatics

Massive Document Dump Concerning Shadowy BID Consultant Tara Devine — What Has She Been Up To Since Destroying Venice Beach And How She Is Probably In Way More Trouble Than Anyone Thought With Respect To Not Having Registered As A Lobbyist

July 12, 2017 Mike 2 Comments

Yesterday I took a little trip South on Flower Street to the dark horse Death Star of downtown, the South Park BID, to look over some public records that they’ve been holding out on since January 2017 and only coughed up because my lawyer can beat up their lawyer.¹⁷ I found a hot mess of, among many, many problems, bizarrely damaged emails printed to PDF in random order with unintelligible OCR, missing attachments, purposely scrambled pages, and misnamed and poorly divided files. It’s going to take quite a while to put this nonsense into any kind of useful state,¹⁸ but I know a lot of my readers are wondering what’s up with shadowy BID consultant Tara Devine,¹⁹ so I thought I’d get the information concerning her up as fast as possible, even though it’s not yet in an ideal format.

The documents on Archive.Org — This is four gigantic PDF spools of emails and (hallelujah!) a bunch of invoices. They’re almost unusable, but single word search at least works. Phrase search not so much. The invoices are the really essential item, though, and are linked-to directly and described in the next line.
All invoices from Devine Strategies to SPBID since 2012 — This is damning with respect to constructing further reports to the Ethics Commission on Tara Devine’s unregistered lobbying. You may recall that my first attempt at this required an inordinate amount of painstaking analysis to prove a violation of the Municipal Lobbying Ordinance. With these invoices in hand the next few cases won’t be nearly as difficult to make.

That’s the big news, and you can turn the page if you’re in the mood for more detail and discussion. Note, though, that I’ll be posting about this material again once I get it revised into a more useful form.
Continue reading Massive Document Dump Concerning Shadowy BID Consultant Tara Devine — What Has She Been Up To Since Destroying Venice Beach And How She Is Probably In Way More Trouble Than Anyone Thought With Respect To Not Having Registered As A Lobbyist →

Fashion District BID, Public Records Act Pragmatics

Remember That Cost Matrix That Rena Leddy And Urban Place Consulting Claimed In March 2017 Was A Trade Secret And Even Hired A Lawyer To Prevent Its Release Under CPRA? Well, Rena Leddy Herself Released It Into The Public Domain In October 2016. The Proper Response Is (a) WTF?! (b) Is Paying Lawyers To Fight Already-Lost Battles An Acceptable Use Of The BID’s Money? (c) All Of The Above

July 10, 2017 Mike Leave a comment

A couple days ago I published a collection of Rena Leddy’s reports to the Board of Directors of the Fashion District BID. This is turning out to be an incredibly rich source of information, revealing, e.g., that a marketing consultant hired by the BID thinks, among other deeply stupid thoughts, that lobster rolls confuse Latinos. And today I have another gem, but, for good or for ill, this one’s more technical although no less interesting.

Perhaps you recall that Urban Place Consulting is working for the Fashion District coordinating the BID’s pending renewal with the City. I obtained UPC’s contract with the BID from Rena Leddy via the California Public Records Act, but she claimed that the chart showing the actual hourly rates of UPC bossboy Steve Gibson and his assorted flunkies was exempt from release because it was a trade secret. Then we spent three months arguing about it and everybody got lawyered up and eventually she gave in and sent me an unredacted copy of the contract showing how much money all the UPC folks were getting paid.

Well, it turns out it was all for nothing. You see, in October 2016, UPC submitted a proposal to the BID for the consulting job. Here is a copy (transcription after the break, as always). And Rena Leddy included this proposal in the November 2016 Board Packet. And the proposal contained an unredacted copy of the cost matrix. To see why this action of Rena Leddy’s obviated our entire subsequent dispute about whether or not the cost matrix was exempt, turn the page, friend!
Continue reading Remember That Cost Matrix That Rena Leddy And Urban Place Consulting Claimed In March 2017 Was A Trade Secret And Even Hired A Lawyer To Prevent Its Release Under CPRA? Well, Rena Leddy Herself Released It Into The Public Domain In October 2016. The Proper Response Is (a) WTF?! (b) Is Paying Lawyers To Fight Already-Lost Battles An Acceptable Use Of The BID’s Money? (c) All Of The Above →

Business Improvement Districts, Historical and Theoretical Perspectives, Municipal Ethics, Public Records Act Pragmatics

A Potential Solution To A Perennial Problem At The Nexus Of Los Angeles Business Improvement Districts, The Municipal Lobbying Ordinance, And A Few Widely Abused Exemptions To The California Public Records Act

June 21, 2017 Mike Leave a comment

The life-cycle of a request for documents under the California Public Records Act goes like this: A member of the public asks to see records held by some agency. The agency has ten days²⁰ to respond with a determination which states whether the agency has any such records and, if so, when the agency will be ready to hand them over.²¹ In general agencies are required to produce all requested records.

However, CPRA lists certain classes of records which are exempt from production. Some of these so-called exemptions are weirdly specific, e.g. at §6253.5 we read:

…statewide, county, city, and district initiative, referendum, and recall petitions … and all memoranda prepared by the county elections officials in the examination of the petitions indicating which registered voters have signed particular petitions shall not be deemed to be public records…

One of the two most important sections of CPRA with respect to exemptions is found at §6254, which consists of innumerable sections, each listing an exemption or a broad class of exemptions. And as completely in favor of absolute government transparency as I am, it’s clear that at least some of these are absolutely justified. For instance, §6254(r) exempts:

Records of Native American graves, cemeteries, and sacred places and records of Native American places, features, and objects … maintained by, or in the possession of, the Native American Heritage Commission, another state agency, or a local agency.

And there are sections which exempt such things as reports on vulnerabilities to terrorism, library circulation records, certain financial data that people are required by law to submit, and so on. These are mostly noncontroversial. Others, however, are much less defensible, at least as applied.
Continue reading A Potential Solution To A Perennial Problem At The Nexus Of Los Angeles Business Improvement Districts, The Municipal Lobbying Ordinance, And A Few Widely Abused Exemptions To The California Public Records Act →

Central City East Association, Lawsuits, Public Records Act Pragmatics

The LA CAN & Catholic Worker Lawsuit Has Cost The Central City East Association At Least $115,000 In Legal Fees And Costs (And How It Took Me Two Months Of Hardcore CPRAfaction To Discover This Fact)

May 30, 2017 Mike Leave a comment

Around these parts we refer to the California Public Records Act as CPRA, pronounced SIP-rah. The methodologies and practicalities of using CPRA are known as CPRAfaction, pronounced SIP-rah-faction.

You may recall that in March, the Central City East Association settled the momentous lawsuit brought against it by the Los Angeles Community Action Network and LA Catholic Worker.²² This was mere months after beloved Los Angeles gadfly Eric Preven and the incomparable ACLU of Southern California won a momentous decision in the California Supreme Court, which ruled essentially that once a legal case was finished the legal privilege exemption to CPRA²³ no longer applied. No coincidences around here! So I fired off an email to Estela Lopez as follows:

Good afternoon, Estela, and happy Palm Sunday.

And congratulations on settling that 2014 lawsuit, namely LACW et al. v. Downtown Industrial District BID et al. (2:14-cv-07344-PSG-AJW). I would like to look at copies of all bills from all lawyers who worked for the CCEA on this case.

For the sake of efficiency, and in case you’re not already aware aware of this, here’s a link to an LA Times story on the recent Supreme Court decision declaring that once a case is resolved the bills become public records:

http://www.latimes.com/local/lanow/la-me-ln-court-legal-bills-20161229-story.html

As you can imagine, there was a lot of back-and-forth, with her mostly refusing to hand over the legal bills, until this afternoon, when she did hand them over. The full story of that, with bunches of emails and also a reasonable amount of CPRA nerdview, can be found after the break if you’re interested.

But here are the actual bills to CCEA from their lawyers, Hill, Farrer, & Burrill. I spent a little time adding up the totals and their total legal bills, costs and fees, seem to have come to $89,782.54 over the last three years. Add this to the $25,000 they agreed to pay the plaintiffs in the settlement agreement and their whole bill comes to $114,782.54. This is over slightly less than three years, and the BID’s annual budget is roughly $2,000,000, so it’s relatively not that much.

According to Estela Lopez in 2015 there are more than 2000 homeless human beings living in the CCEA’s territory. Thus this lawsuit cost them a little more than $57 per potential harassment victim. I’m sure this seems cheap at the price. Anyway, that’s the substantive information. Turn the page for the story of how I got my hands on it!
Continue reading The LA CAN & Catholic Worker Lawsuit Has Cost The Central City East Association At Least $115,000 In Legal Fees And Costs (And How It Took Me Two Months Of Hardcore CPRAfaction To Discover This Fact) →