The SFPD was the only one to actually comply with the law but the Berkeley PD didn’t do so badly. This morning I finally received a (partial) response to my request to the Long Beach PD, and you can read the yield here. There’s nothing really that interesting here; just more homelessness and back-slapping.
Continue reading Long Beach Police Department (Partially) Fulfills Experimental CPRA Request in 142 Days
Category Archives: Public Records Act Pragmatics
Hollywood Property Owners Alliance Formalizes Ongoing Document Destruction Policy Involving Thousands Upon Thousands of Public Records, Seemingly just to Thwart Our Investigations
Continue reading Hollywood Property Owners Alliance Formalizes Ongoing Document Destruction Policy Involving Thousands Upon Thousands of Public Records, Seemingly just to Thwart Our Investigations
Stop LAPD Spying CPRA Case Trial Setting Conference Continued Until April 7, 2016
Plaintiff Stop LAPD Spying Coalition and respondent City of Los Angeles agreed in a stipulation filed with LA County Superior Court on March 3, 2016, to continue the trial setting conference, originally scheduled for March 7, 2016, until April 7, 2016. The reasons given in the order (with attendant whereases) include:
WHEREAS, after filing of the complaint, the Respondent has produced two sets of responsive documents to Petitioners and continues to search for responsive documents;
WHEREAS, the parties are engaged in ongoing informal discussions about further production…
It’s my impression that if filing a suit encourages the respondent to cough up the goodies then they’re still on the hook for the court costs and attorney’s fees. So it’s fitting and proper that the City is producing documents and talking to the plaintiffs, but they would have saved everyone a lot of time and trouble but just following the law in the first place.
February 5, 2003: The Very First Known Public Records Act Ever Received by the HPOA and Kerry Morrison was Already Offended
Public 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.
Consequently, last Thursday I went over to HPOA secret headquarters on Hollywood Boulevard to read through this material, something I plan to make a regular habit of doing. And there is much fascinating material there, not least of which is the complete unfolding in real time of Aaron Epstein’s epic lawsuit against the HPOA. This ended, of course, in a landmark 2001 decision by the Second District of the California Court of Appeal making BIDs subject to both the Brown Act and CPRA. That story is woven through years and years worth of minutes, so it must wait for the copies to arrive. However, I was able to photograph3 a description of the very first CPRA request known to have been received by the HPOA (on February 5, 2003).
Read on for what it said:
Continue reading February 5, 2003: The Very First Known Public Records Act Ever Received by the HPOA and Kerry Morrison was Already Offended
Berkeley Police Department Fulfills Experimental CPRA Request in 59 Days
Continue reading Berkeley Police Department Fulfills Experimental CPRA Request in 59 Days
Using Your Own Scanner During “Inspection” of Public Records is Allowed by City of Los Angeles, Other Details About LAPD Public Records
Continue reading Using Your Own Scanner During “Inspection” of Public Records is Allowed by City of Los Angeles, Other Details About LAPD Public Records
City of Los Angeles Files Answer to Stop LAPD Spying Coalition Public Records Act Petition: Admits Guilt, Expects Reward
She also displays a wry, deadpan humor. For instance, in paragraph 3 the plaintiffs assert that the Coalition to Stop LAPD Spying “empowers its members to work collectively against police repression and to dismantle domestic spying operations” and that therefore the Coalition has an interest in the LAPD’s adhering to the Public Records Act. Julie Raffish has the City admitting that the Coalition is interested, but claiming that, as to the rest of the allegations they “lack sufficient information and knowledge to form a belief as to the truth…” of, I guess, whether there are “police repression” and “domestic spying operations” to be dismantled and worked collectively against. Dry as a bone, is Julie Raffish, and isn’t lawyerly humor fun! But the public records stuff is where it gets really interesting:
Continue reading City of Los Angeles Files Answer to Stop LAPD Spying Coalition Public Records Act Petition: Admits Guilt, Expects Reward
Stop LAPD Spying Public Records Lawsuit Switched to Judge James C. Chalfant, Hearing Continued to March 8, 2016
Continue reading Stop LAPD Spying Public Records Lawsuit Switched to Judge James C. Chalfant, Hearing Continued to March 8, 2016
City of Los Angeles Files Boilerplate Motion in Stop LAPD Spying CPRA Case Stating that Judge Joanne O’Donnell is too Prejudiced to Officiate
Joanne O’Donnell, the judge before whom the trial or hearing in this action is pending or to whom it has been assigned, is prejudiced against the Respondent [City of Los Angeles] or its attorney or the interest of the Respondent or its attorney, so that the declarant [Julie Raffish] believes that she cannot have a fair and impartial trial or hearing before the judge.
Now, this is obviously a boilerplate motion, and, at least as of today, the first three hits on a Google search on los angeles superior court peremptory challenge to judicial officer are forms for this, using the identical language to the motion filed by Julie Raffish. But there’s more!
Continue reading City of Los Angeles Files Boilerplate Motion in Stop LAPD Spying CPRA Case Stating that Judge Joanne O’Donnell is too Prejudiced to Officiate
San Francisco Police Department Fulfills Experimental CPRA Request in 23 Days (!) and Provides Emails in an Actually Almost Usable Format
Anyway, on December 21, it occurred to me to make experimental requests for innocuous records to various police departments around the state and then, depending on the results, write to the Los Angeles Police Commission about how other cities around California are, somehow, able to abide by the law. I abandoned that aspect of the plan because, as fate would have it, the very next day a bunch of people sued the LAPD over their flouting of the Public Records Act, obviating the need for any letters from me. But the requests were still out there, so I let them ride.
Berkeley and Long Beach still have failed to acknowledge my requests, even though it’s been 24 days since I sent them. This is in spite of the fact that Berkeley has a city-wide guide to CPRA requests and a far-reaching open government ordinance. The difference between Berkeley PD’s nonresponsiveness and the LAPD’s is that Berkeley has an administrative procedure to encourage city departments to follow the law whereas Los Angeles has nothing of the sort. I’m not going to go that route because I don’t have time, but it’s nice to know it’s there. I don’t know exactly what’s up with Long Beach, but have no plans to press them.
However, the City and County of San Francisco, which also has a sunshine ordinance (the League of Women Voters thinks it was the first such municipal statute), followed the law scrupulously (with one minor lapse). I asked for the last 100 emails between the SFPD and the Union Square BID. And here is what they sent. They didn’t supply them in the native format I requested, which they’re required to do by law, but even here they did better than the LAPD. I’ll describe the interesting formatting compromise they (unilaterally) made after the break. Again, LAPD and the rest of the City of Los Angeles have a lesson they could learn from this.
Continue reading San Francisco Police Department Fulfills Experimental CPRA Request in 23 Days (!) and Provides Emails in an Actually Almost Usable Format