Category Archives: Public Records Act Pragmatics

Announcements, Homeless Issues, Public Records Act Pragmatics

A Bunch Of Interesting New Documents: City Attorney, LA Times, And Sanitation Reports From Encampment Cleanups

October 16, 2016 Mike Leave a comment

This is just a quick announcement of some interesting new collections of records, with minimal commentary. First of all, there’s a collection of emails between City Attorney spokesman¹ Rob Wilcox and various L.A. Times Reporters. You can get the whole batch here:

Also I have a full set of reports² from the Bureau of Sanitation on the cleanups of three homeless encampments on March 22, 2016. It took almost three months for them to hand over this material, which won’t surprise anyone who’s been following my recent interactions with them. This is likewise available from:

I don’t presently have much to say about the sanitation reports. At this point I’m collecting as much material as possible in order to (a) figure out what kind of material is available so that I’ll be able to make focused, effective requests in the future, (b) learn what kinds of arguments they make against handing over records so that I can make focused, effective counterarguments against them, and (c) understand all the players in the HE³ game and the roles they’re playing. I hope to be able to synthesize all of this at some point, but meanwhile I want to make the records available because I know smarter people than I are also reading them.

But I do have this and that to say about the emails,⁴ and after the break you will find commentary and links to interesting individual instances.
Continue reading A Bunch Of Interesting New Documents: City Attorney, LA Times, And Sanitation Reports From Encampment Cleanups →

Announcements, CD13, Homeless Issues, Public Records Act Pragmatics

Newly Available Emails From CD13 May Shed Some Light On City’s Procedures For Breaking Up Homeless Encampments. Also Glossary Updates And Some Fragmentary Information On The City’s Encampment Cleanup Authorization System

October 2, 2016 Mike Leave a comment

This (decontextualized) image from an email to CD13 staff suggests that despite the City's rhetoric on the matter, their policy towards people living in encampments is not all sunshine and outreach. — This (decontextualized) image from an email to CD13 staff suggests that despite the City’s rhetoric on the matter, their policy towards people living in encampments is not all sunshine and outreach.

My recent success in using CPRA to get advance notice of an encampment clean-up from the City reminded me that I had a number of emails to/from Council District 13 organizing such operations between January and April 2016 that I still hadn’t prepared for publication.⁵ So I spent this morning getting them into shape and putting them up on the Internet. This material sheds new light on the City’s still-mysterious encampment-breaking system. Also, some of the attachments to these emails reveal crucial information about the computer database(s) used by the City to coordinate the process. I discuss this matter, along with some other issues, after the break. Meanwhile, here are the locations of these emails:

On the Internet Archive — As usual, this has the advantage that you can get the whole batch via BitTorrent if that’s useful. By later today, also, there should be OCRed PDFs there, and text versions.
From our local server

Also, I added a few new terms to our glossary to help you read the emails, which are decidedly acronym heavy.⁶ These are CES, CSI, HE, PATH, and M&O. You can see the new definitions after the break (as well, of course, as via the menu structure or on the page itself). After the break I also discuss some fragmentary information about the City’s so-called Encampment Cleanup Authorization System.⁷ Continue reading Newly Available Emails From CD13 May Shed Some Light On City’s Procedures For Breaking Up Homeless Encampments. Also Glossary Updates And Some Fragmentary Information On The City’s Encampment Cleanup Authorization System →

Homeless Issues, Public Records Act Pragmatics

How I Got Advance Notice Of This Morning’s Clean-Up Of A Homeless Encampment At 4490 DeLongpre And What Happened There, Along With A Bunch Of Information About Encampment Clean-Ups In July, August, and September

September 29, 2016 Mike Leave a comment

Two men carrying their possessions South on Lyman Place in advance of a LASAN clean-up of their encampment on Thursday, September 29.

This summer, thinking about the important role that LACAN’s pictures and video of LA Sanitation’s aggressive clean-ups of homeless encampments downtown have played in e.g. Mitchell v. Los Angeles, it occurred to me that it ought to be possible to get advance notice of encampment cleaning actions from the City via the California Public Records Act. Well, like everything involving CPRA, it turned out to be far more complicated than one might expect in advance.

Amazingly, Sanitation did supply me with materials. It was just the part about getting them in advance of the clean ups that was difficult. On August 5 I asked for the first time. On August 17 they asked for an extension. On September 13, after a certain amount of wheedling on my part, they sent me material for July and August, and a few days later, partial material for September. Still nothing in advance, though:

The most important ones are the “HE Conf”⁸ documents. Those represent confirmed locations of clean-ups by Council District for the given month. They also reveal the suspected but, to my knowledge, unproven fact that locations where clean-up is requested by the Council District are given priority over other locations.⁹ I will be requesting these for the past as well as for the future. I think that mapping this data and otherwise analyzing it will provide important insights into the City’s mostly unarticulated-in-public policies towards the homeless, as well as deeper understanding. And understanding this world is fine. But the point¹⁰ is to change it.
Continue reading How I Got Advance Notice Of This Morning’s Clean-Up Of A Homeless Encampment At 4490 DeLongpre And What Happened There, Along With A Bunch Of Information About Encampment Clean-Ups In July, August, and September →

Public Records Act Pragmatics, Venice Beach BID

Miranda Paster Finally Gives Up Venice Beach BID Property Owners Mailing List! Five Months Of Nagging Pays Off!! This Has Huge Implications For Future Anti-BID Activism!!!

September 12, 2016 Mike Leave a comment

Set free by the truth to fly high on Venice Beach!!

If you’ve been following the story of the Venice Beach BID here, you’ll recall that no one involved wants to give me a copy of the mailing list used to send out the various legally required notices to the property owners. You can check the background here and another episode in the saga here. Well, amazingly, my last argument was effective, and after what I think¹¹ was months worth of noodging, Miranda Paster finally gave in and sent me an actual mailing list with actual mailing addresses of the property owners.

This is huge, so I’m linking to it again:

THE FREAKING MAILING ADDRESSES OF ALL PROPERTY OWNERS IN THE PROPOSED VBBID!!

Anyway, I hope the list will be useful to Venice activists in their anti-BID campaign. Not that many property owners even voted, so it’s possible that sending letters encouraging anti-BID property owners to vote will be enough to sink the BID’s next iteration. If you’re interested in the technical details of the differences between this ultimately successful request and my earlier unsuccessful requests, turn the page and read on!
Continue reading Miranda Paster Finally Gives Up Venice Beach BID Property Owners Mailing List! Five Months Of Nagging Pays Off!! This Has Huge Implications For Future Anti-BID Activism!!! →

Los Angeles City Government, Public Records Act Pragmatics, Venice Beach BID

Why Is Getting A Mailing List For The Property Owners In The Venice Beach BID Out Of The City So Absolutely Maddeningly Impossible? We Do, However, Now Have A List Of Property Owners Without Contact Information A Fraud Perpetrated On The Public By The City Clerk

September 1, 2016 Mike Leave a comment

Somehow this is all Holly Wolcott's fault. — Somehow this is all Holly Wolcott’s fault.

The list itself is here. The story of the list follows.

Edited to add: The list that Miranda Paster sent me isn’t even the list I asked for, as discussed in the story below. It’s an edited version of the publicly available ballot tabulation sheet. It is unbelievable that these people are so unwilling to release what are obviously public records and that their unwillingness is so clearly in the service of their political agenda. On the other hand, the fact that they so vigorously defend their secrecy makes it seem even more likely that they’re concealing serious and exploitable weaknesses.

Three weeks ago I wrote about how neither the City Clerk nor CD11 was willing to hand over a list of the property owners in the proposed Venice Beach BID with contract information. CD11 told me to ask the Clerk and the Clerk told me to ask Tara Devine and Tara Devine ignored me (and continues to ignore me). The Clerk’s rationale was that they didn’t have anything to do with mailing out the petitions, so that the Public Records Act didn’t apply to the mailing list.

Now, if you’re not familiar with the act, you may not be aware that (at section 6252(e)) public records are defined fairly expansively to be any “writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency.” So I made the argument to the Clerk’s office that since they were orchestrating the process, the mailing list was being used by them even if they didn’t own it or retain it themselves. No dice on that, though.

So imagine my pleasure and surprise to discover on August 14 that, upon perusing Government Code section 53753 for the zillionth time (this is the same law used to such marvelous effect ten days later by the incomparable Shayla Myers of LAFLA to derail the whole BID process) that the freaking City Clerk’s office is required to notice the property owners by mail:
Continue reading Why Is Getting A Mailing List For The Property Owners In The Venice Beach BID Out Of The City So Absolutely Maddeningly Impossible? We Do, However, Now Have ~~A List Of Property Owners Without Contact Information~~ A Fraud Perpetrated On The Public By The City Clerk →

Lawsuits, Public Records Act Pragmatics

First Amendment Coalition Sues City of Los Angeles Over Tom LaBonge’s Illegal Records Destruction, Alleges Possible Felony Records Destruction, Eric Garcetti Still Not Held To Account For Similar Crimes

August 28, 2016 Mike Leave a comment

Current CD4 representative David Ryu, whose termed-out predecessor Tom LaBonge ordered the destruction of public records, leading to both an FAC lawsuit and a council motion to prevent this kind of thing in the future.

In January 2016 the Los Feliz Ledger broke the story that termed-out CD4 Councilmember Tom LaBonge had ordered the destruction of public records prior to his leaving office on June 30, 2015. Emily Alpert Reyes, writing in the Los Angeles Times reported on Thursday that the First Amendment Coalition had filed suit against the City of Los Angeles, claiming, among other things, that the destruction of this material either violated the California Public Records Act or else the fairly draconian Government Code section 6200. Thanks to FAC director Peter Scheer I have a copy of the petition to share with you, and you can read some further commentary after the break.
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Hollywood Property Owners Alliance, Public Records Act Pragmatics

What Else Are They Hiding? Hollywood Property Owners Alliance Completely Rewrites BID Patrol Contract to Thwart Public Records Act Requests

June 20, 2016 Mike Leave a comment

Selma Park was the scene of the BID Patrol's greatest crimes, or at least the greatest which have come to light. What else is there that they're trying so very hard to keep secret? — Selma Park was the scene of the BID Patrol’s greatest crimes, or at least the greatest which have come to light. What else is there that they’re trying so very hard to keep secret?

You can watch here as the Hollywood Property Owners Alliance at its June 16, 2016 Board meeting, approves a completely rewritten contract with Andrews International, its security subcontractor, which runs the BID Patrol in Hollywood. I’m not going to bother to transcribe it, but you should take a look. It features John Tronson talking for approximately 90 seconds about changes in the HPOA’s contract with A/I. He mentions logos on cars, logos on uniforms, and if you blinked, you’d miss the ten seconds where he talks about ownership of work product, but that’s the key thing.

The new contract gives A/I ownership of ALL of its BID Patrol work product. The old contract, superseded by this one, gave the HPOA ownership of every record that A/I produced. The point, clearly, is to keep the material away from public scrutiny. If you’ve been following this blog for a while you’ll know that we have used BID Patrol arrest reports, daily logs, and photographs to expose serial civil rights violations, to analyze BID Patrol arrest rates, to mock the moronic Steve Seyler, and for many other things as well. If the whole Selma Park thing is already out, I can’t help but wonder what else they’re trying to hide by trying to make all their future records unavailable.
Continue reading What Else Are They Hiding? Hollywood Property Owners Alliance Completely Rewrites BID Patrol Contract to Thwart Public Records Act Requests →

Public Records Act Pragmatics, Stop LAPD Spying Coalition

Stop LAPD Spying CPRA Case Hearing Set for Tuesday, November 22, 2016 at 1:30 p.m., Stanley Mosk Courthouse Department 85

June 5, 2016 Mike Leave a comment

Last month (on May 5) Judge James Chalfant, who’s presiding over the CPRA lawsuit filed by the Stop LAPD Spying Coalition to address the LAPD’s utterly lawless noncompliance with the California Public Records Act, entered an order setting the hearing date to Tuesday, November 22, 2016 at 1:30 p.m. This will be in Chalfant’s courtroom, which is Department 85 (room 834) in the Stanley Mosk Courthouse at 111 North Hill Street. I’m sorry for the late notice, but the LA County Superior Courts don’t offer an RSS feed or any other way to be notified of new filings.

Business Improvement Districts, Hollywood BID Patrol, Public Records Act Pragmatics

Why Aren’t BID Security Patrols Registered with the Los Angeles Police Commission?

June 4, 2016 Mike Leave a comment

Any badge, insignia, patch or uniform used or worn by any employee, officer, member or associate of a private patrol service, while on duty for said patrol service, shall be in compliance with State law. Any such badge, insignia, patch or uniform shall not be of such a design as to be mistaken for an official badge, insignia or uniform worn by a law enforcement officer of the City of Los Angeles or any other law enforcement agency with jurisdiction in the City. LAMC 52.34(d)(1)

Recently I was reading the Los Angeles Municipal Code¹² and came across LAMC 52.34, which discusses “private patrol services” and their employees, “street patrol officers.” The gist of it seems to be¹³ that private patrol service operators must register with the Police Commission, and also prove that their employees’ uniforms and badges don’t look too much like real police uniforms and badges. They’re also required to have a complaint process and submit lists of employees and some other things too.

Well, as you can see from the photo above, and from innumerable other photos and videos I’ve obtained from the Hollywood BID Patrol, there is a real problem with BID Patrol officers looking like LAPD. Their uniforms are the same color, their badges are the same shape and color, and so on. Also, they’re famous for not having a complaint process, or at least not one that anyone can discover easily. The Andrews International BID Patrol isn’t the only one with this problem, either. The Media District‘s security vendor, Universal Protection Service, doesn’t seem to have one either. In fact, it was UPS Captain John Irigoyen‘s refusal to accept a complaint about two of his officers that inspired the establishment of this blog. The A/I BID Patrol is as guilty of this lapse as anyone.

Richard Tefank, Executive Director of the LA Police Commission.

The fact that private patrol operators were required to file actual documents with a city agency means that copies would be available! So I fired off some public records requests to Richard Tefank, Executive Director of the Police Commission. He answered right away and told me they’d get right on it. What a relief to discover that Police Commission CPRA requests don’t have to go through the LAPD Discovery Section, which is so notoriously slow to respond that the City of LA has had to pay tens of thousands of dollars in court-imposed fines due to their tardiness. Mr. Tefank handed me off to an officer in the permits section, and he told me that none of the three BID security contractors I asked about; Andrews International, Universal Protection, and Streetplus¹⁴ were registered. How could this be, I wondered, given what seems like the plain language of the statute? The story turns out to be immensely complicated, and with lots of new documents.
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Hollywood BID Patrol, Public Records Act Pragmatics

Why is Kerry Morrison Willing to Lie and to Break the Law in Order to Keep BID Patrol Officers Anonymous?

May 13, 2016 Mike Leave a comment

BID Patrol officer Charles Mooney (Badge #124) pictured in a file originally named "mr. gooding ( actor ) and bid officer c. mooney.jpg". — BID Patrol officer Charles Mooney (Badge #124) pictured in a file originally named “mr. gooding ( actor ) and bid officer c. mooney.jpg”.

If you’re familiar with the BID Patrol situation in Hollywood you’ll have noticed that not only do BID Patrol officers dress like cops, but they do not wear name tags of any kind. No one seems to be willing to say why this is. Well, long-time readers of this blog will recall that in September 2015 I announced that I was taking on the task of identifying BID Patrol officers.

BID Patrol Officer Robert E. Reyes (badge #117) is on the left, according to Kerry Morrison.

In October 2015 I made an exploratory request, asking Kerry Morrison for:

…sufficiently many photographs of Robert E. Reyes to allow me to identify him. If you have a picture of him alone that will do. If you have only pictures of him with other people, please send enough so that he’s the only one in the intersection of the sets of people pictured. If there is no set of photographs such that he’s the only one in the intersection of the sets of people pictured, please send enough so that he’s the only man in the intersection of the sets of men pictured.

I phrased it in this awkward manner because it’s a quirk of CPRA that agencies have to hand over records but they don’t have to answer questions about them. On November 10, 2015, Kerry Morrison responded with the photo shown here. She told me that Robert E. Reyes, badge #117, was the man on the left. So far, so good. At this point I actually thought I would be able to identify BID Patrol officers via CPRA. But, as you’ll see after the break, ’twas not to be.
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