San Francisco Police Department Fulfills Experimental CPRA Request in 23 Days (!) and Provides Emails in an Actually Almost Usable Format

January 14, 2016 Mike Leave a comment

It's not just candy, but public records for everyone with the SFPD! — It’s not just candy, but public records for everyone with the SFPD!

As you may remember, in January 2015 I requested some emails from the LAPD under the CPRA. After 11 months of inaction, noodging, and stubbornness, last month they finally produced about 3% of the records I’d requested, with the (so far unfulfilled) promise of more to come. I am not the only one to have had this problem.

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.
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Lawsuits

Discovery Hangups Seem to Have Been Settled in Today’s Hearing in LA Catholic Worker, LA CAN, v. City of L.A., Central City East Association

January 11, 2016 Mike Leave a comment

Round and around and around she goes... — Round and around and around she goes…

There was a hearing this morning in the lawsuit against the City of Los Angeles and the Central City East Association, which is fairly historic since, for the first time in Los Angeles, if not anywhere, an attempt is being made to call a Business Improvement District to account for conspiring with the City to violate people’s rights and to prove, once and for all, that BIDs really are agents of the City, no matter what everyone involved says about it. Unfortunately various circumstances conspired to prevent me from attending this hearing (of plaintiffs’ motion to compel discovery) in front of Magistrate Judge Andrew J. Wisterich. But the minutes (not the transcript) were posted on PACER this afternoon. After a conference in the courtroom, it seems that all the difficulties have been settled, and the City of L.A. will produce all the discovery material within 10 days. Read the whole thing after the break.
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Announcements, Hollywood Property Owners Alliance, Joint Security Committee

Hundreds of Newly Obtained Documents: CHC and HPOA Board Minutes 2007-2015 and Joint Security Committee Minutes 2008-2015

January 7, 2016 Mike Leave a comment

As the mohel said when asked why he had watches in the window of his storefront: "Nu, so what do you want I should put here?" — As the mohel said when asked why he had watches in the window of his storefront: “Nu, so what do you want I should put here?”

I’m pleased to announce the availability of eight years worth of CHC and HPOA Board of Directors minutes as well as seven years worth of Joint Security Committee minutes. These are available through the menu structure in the header, or on this page, or from this directory.

The careful reader will note that the HPOA continues to violate the plain language of the California Public Records Act by converting the original MS Word documents into PDFs before handing them over. In fact, the metadata suggests that it was Joe Mariani who was personally responsible for this outlawry, or at least it was probably done on his computer. Joe, you don’t have to follow orders that require you to break the law, you know. You can just refuse. In fact, the HPOA’s own whistleblower policy encourages you “to report any action or suspected action taken within the Corporation that is illegal, fraudulent or in violation of any adopted policy of the Corporation.” Come on, Joe! Be a mensch, drop a dime!
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Announcements

New Documents, Mostly Routine, although Assistant LAPD Chief Jorge Villegas Explicitly Acknowledges Limitations of Arrests as a Tool for Addressing Homelessness

January 3, 2016 Mike Leave a comment

Assistant Chief Jorge Villegas, LAPD: "As you know [homelessness] is an extremely complex issue to address. It is not as simple as simply making an arrest. As you know, we cannot arrest [our] way out of this complex social issue." — Assistant Chief Jorge Villegas, LAPD: “As you know [homelessness] is an extremely complex issue to address. It is not as simple as simply making an arrest. As you know, we cannot arrest [our] way out of this complex social issue.”

Today I uploaded documents from the DCBID, the Fashion District, and some emails from Raquel Beard to the Mayor’s office. The DCBID’s Operations Committee agendas are here, and according to Suzanne Holley this is all of them for which there are electronic copies. They don’t meet very often, it seems. Next up we have 2015 minutes and agendas for the Fashion District BID Board of Directors. There’s some interesting stuff here, although I haven’t had time to read them carefully. For instance, on February 26, 2015, the Board heard about the Central City Association’s plot to hire Rodriguez Strategies to fight the legalization of street vending in LA. The new information here is that Carol Schatz evidently pegged the cost at $60,000 and Kent Smith of the FDBID asked and received from the Board approval to donate $10,000. I think that, given how the original initiative expanded, including the hiring of subordinate publicists, that original estimate must have ended up to be quite low. In March Kent asked for and received from the board $5,000 to oppose Carol Liu’s Right to Rest Act. I really do wonder if this kind of political activism is a legal use of BID money, since it’s supposed to be used to provide services in the district above and beyond what the City provides. How, I wonder, is taking positions on state laws consistent with this charge? A question for another day, I guess. And finally, after the break, we have some emails from Raquel Beard of the CCEA to Eric Garcetti’s office.
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Hollywood Property Owners Alliance, Hypocrisy

When Assemblyman Richard Bloom Toured Hollywood in September 2015, Kerry Morrison Suspended Enforcement of LAMC 41.18(d) for his Benefit, Blamed Prop 47 for Ruining Lives, Put into Question her Commitment to Truth, Decency, Equal Protection, Appearing Sane

December 31, 2015 kohlhaas Leave a comment

Richard Bloom, former mayor of Santa Monica, prepares to ask the questions he's been asked to ask. — Richard Bloom, former mayor of Santa Monica, prepares to ask the questions he’s been asked to ask.

According to an email chain recently obtained by our correspondent, on September 24, 2015, Assemblyman Richard Bloom toured the Hollywood Entertainment District BID, accompanied by Kerry Morrison, Carol Massie, some other businessfolks, and Councildude Mitch O’Farrell. The BID Patrol usually goes around the place waking up sidewalk sleepers at 6 a.m., which is the earliest it’s legal¹ to do so under the settlement in Jones v. City of Los Angeles. However, on the day of Richard’s tour Kerry directed the BID Patrol to delay the wake-up call, seemingly so that Richard could see people sleeping on the sidewalk and thereby draw the conclusions that Kerry wanted drawn. Here’s how it unfolded in the emails. On September 17 at 4:30 pm, Bloom aide Tim Harter wrote to Kerry (CC to Dan Halden of CD13):

Kerry,

I wanted to chat with you about morning of Sept. 24^th, I believe we will be getting a tour with Captain Zarcone and the Homelessness taskforce on Thursday morning from LAPD from 8am-9am you are welcome to join if you would like nothing has been confirmed, I have been playing phone tag with Captain Zarcone. We will be at the Hollywood BID at 9am, I wanted to see if you have an idea of who will be at the meeting with us?

Well, that didn’t mesh with Kerry’s plans at all. You see, she’d arranged things so that Richard would see what she wanted him to see, and the 9 a.m. time messed up her carefully arranged Potemkin encampments. She got a little pushy about it, too:
Continue reading When Assemblyman Richard Bloom Toured Hollywood in September 2015, Kerry Morrison Suspended Enforcement of LAMC 41.18(d) for his Benefit, Blamed Prop 47 for Ruining Lives, Put into Question her Commitment to Truth, Decency, Equal Protection, Appearing Sane →

Stop LAPD Spying Coalition

Stop LAPD Spying Coalition and National Lawyers Guild LA File Suit Against City of LA Over Egregious LAPD CPRA Violations–Court Papers Available Here

December 30, 2015 Mike Leave a comment

The logo of the Stop LAPD Spying Coalition

On December 22, 2015, the Stop LAPD Spying Coalition and the hyperactive-in-a-good-way National Lawyers Guild LA filed suit in LA Superior Court against the City of Los Angeles because of egregious violations of the California Public Records Act. According to Pete White of the LA Community Action Network, the LAPD needs to “…know they need to—at a minimum—follow the laws…they tell us we need to follow.” I got copies of everything that’s been filed to date and put it all in a directory here. There’s not so much, but the initial complaint is a monster, weighing in at 180 pages. Most of that is exhibits, including a lengthy U.S. Senate report on Homeland Security funding of and involvement in domestic police spying operations and a copy of a “Special Order” authorizing an ongoing LAPD spying program and a bunch of other documents. The LAPD stuff starts on page 125 of the PDF. I’ll separate and post the various documents individually when I have time. Anyway, the petition has an excellent introduction outlining the public’s interest in the records that the group is seeking and a very tidy summary of what I know from personal experience is the maddening stubborn inactivity of the LAPD in the face of the transcendently clear mandate of the CPRA to respond to requests within 10 days. My only quibble is that I wish they’d also mentioned the LAPD’s absolute and illegal refusal to provide copies of records that they hold in electronic formats, e.g. email, in those electronic formats rather than printing them out on paper and redacting them with a marker. But they know the law and its ways better than I, so I’ll hush up about it.
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Lawsuits

Quick Updates on Two Federal Lawsuits

December 29, 2015 Mike Leave a comment

There’s not much hard news here, but there’s something. First of all the street vending lawsuit. Last week both the Fashion District BID and the City of LA asked the court for extra time to respond to the plaintiffs’ discovery requests. Because the City asked for fewer than 30 days the request is automatically granted, but the FDBID asked for more than 30 days, and so needed an order from Judge O’Connell. On the 23^rd that order was filed by the judge, who granted the FDBID an extension until January 25, 2016. Note that there’s nothing especially interesting in this document.

However, there’s also been some action in the LA Catholic Worker/LACAN v. City of LA/CCEA case. You may recall that the plaintiffs called for a hearing on January 11, 2016 over a motion to compel the City of Los Angeles to stop being so damned recalcitrant about handing over discovery material, and everybody seems super-tense about everything and mad at one another in a way that one doesn’t usually see with actual professional lawyers. Anyway, yesterday the plaintiffs filed a supplemental memorandum of law in support of their motion to compel, which makes for some interesting reading in the run-up to the hearing on the 11^th.

TL;DR is that the plaintiffs accuse the City of LA of abusing the rule requiring parties to “meet and confer” over discovery matters by providing irrelevant material and so on in order to run out the clock on discovery. I’m convinced by their arguments, but obviously I’m biased. There’s also a hyper-meta discussion on whether the fact that an attorney directs the discovery process makes the documents used to coordinate the process into privileged attorney work-product. I’m sure I missed all the fine points, but I’m definitely convinced. These people will claim privilege for anything. Shameless. Find curated selections from the pleading after the break.
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Business Improvement Districts, Hypocrisy

Senior Lead Hollywood Cop Julie Nony on the Psychology of Homelessness and its Discontents: “The homeless are a lot like kids in a way” and LAPD Interactions with them “might seem strange and ugly at first.”

December 29, 2015 kohlhaas Leave a comment

Julie Nony and Andrews International security boss Steve Seyler during happier times.

Those are actual quotes in the headline. They come from this email chain between bunches of people in the Media District BID, LAPD Hollywood Division Senior Lead Officer Julie Nony, and Dan Halden of CD13. Here’s more of the context, but you’ll have to read the whole thing to believe it. Chie Kobayashi, of yet another incomprehensible new media post-production outfit on Lillian Way between Santa Monica Blvd. and Melrose, wrote to Julie to complain in detail about homeless people. Julie wrote back:

We really need to get every business on the same page so this doesn’t continue to happen. It might seem strange and ugly at first but if you are new to the area and don’t know how things operate, this can get really out of hand. I will be out for the rest of the week, so I can not personally be there. Please call our front desk number if you should need to have a police unit come out (213-972-2971/2972/2973).

And of course call the B.I.D. first to see if they can handle it. The homeless are a lot like kids in a way. If we warn them and there is no follow through (like we did with the encampment) then they will test us and do what they can get away with. I would like to have a meeting with you, Vince Clothing, Red Studios, Milk, School PD, B.I.D., Vine Street Elementary and your neighbors just north of you. And whoever else you can think of. Lets [sic] all get together and share in the responsibility of keeping this area clean. Thank you!

Julie

We’re not sure where to start with this. We might note that it’s probably true that if kids get warned and there’s no follow through then they’ll test limits. But it’s not true because they’re kids, it’s true because they’re human. The instinct for testing limits is responsible for all human progress and is necessary for human survival.¹ We might note that if your methods seem “strange and ugly at first…if you are new to the area” then there’s a reasonable chance that they are in fact strange and ugly. And their methods are very strange and very ugly. We’re not even new to the area and we think they’re strange and ugly. Some of us have grandparents who moved to Hollywood in 1908. Some of us have spent more than half a century in and around Hollywood. And yet we think the methods Julie’s talking about are strange and ugly.

The email reproduced above was in response to the following from Chie Kobayashi:
Continue reading Senior Lead Hollywood Cop Julie Nony on the Psychology of Homelessness and its Discontents: “The homeless are a lot like kids in a way” and LAPD Interactions with them “might seem strange and ugly at first.” →

Hollywood Property Owners Alliance

Kerry Morrison Evidently Solicited Some Favor in October 2014 from LAPD on Behalf of Outlaw Developer CIM Group, Peter Zarcone and Deputy Chief Terry Hara Concerned to Avoid “[Creating] a Perception of [LAPD] Being in the Pocket of a Private Developer”

December 27, 2015 Mike Leave a comment

Politically astute LAPD deputy chief Terry Hara in 2006.

In October 2014, a judge revoked real estate developer CIM Group’s permits for their controversial Sunset/Gordon apartment building because they had willfully ignored a number of legal requirements. Within days of that decision, HPOA Executive director Kerry Morrison was emailing Hollywood LAPD Honcho Peter Zarcone with some kind of ask about the situation. Zarcone conferred with now-retired Deputy Chief Terry Hara and told Kerry that, while he wasn’t (yet) saying “no” to whatever Kerry was asking, he and Hara needed more information because they were concerned that saying “yes” would “create a perception of [LAPD] being in the pocket of a private developer.” He was right to have worried. The Sunset/Gordon project would go on to be the locus of a great deal of outlawry, and CIM Group is essentially an ongoing criminal conspiracy. I certainly hope the LAPD had the sense to stay out of it.

I only have this little snippet of the email chain, so I don’t yet know the favor Kerry was asking nor the outcome of the ask. I have requests out for the rest, though, and I’ll provide new information as it comes in. I will say that I’d prefer that the LAPD would be concerned more with the reality of not being in the pocket of a private developer than the perception of it, but maybe that’s idealistic. And I’d say that the fact that Kerry Morrison even felt free to ask him for anything on behalf of CIM shows that probably the LAPD essentially is already “…in the pocket of a private developer.” Why did she think that asking him would yield results if similar requests in the past hadn’t already worked? My collection of BID/LAPD emails is presently too fragmentary to allow the drawing of many solid conclusions, but the amount of it that has to do with real estate is surprising.

Darrell Davis (right) with Bea Girmala and LaMont Jerrett in the parking lot of the Hollywood Police Station on Wilcox

For instance, here’s another email, this one from HPOA Assistant Boss Joseph Mariani to Hollywood cop Darrell Davis asking for info on Hollywood crime stats that a broker needs immediately to convince a client to buy in Hollywood. Again, I don’t yet know the full story, but I’m working on getting it. However, the level of familiarity that Joe displays suggests convincingly that LAPD assistance with Hollywood real estate transactions is the norm. Says Joe to Darrell: “Ideally he said he would need this today. Let me know if that’s possible. If not I’ll try and buy some time.”

So if Peter Zarcone is worried about creating a perception of LAPD being in the pocket of a private developer, maybe the best thing would be to have his subordinates stop acting like they’re in the pocket of the entire freaking real estate industry. Maybe the best thing to do when he receives what’s almost surely an improper request from Kerry Morrison is to tell her that it’s not the job of the police to facilitate the real estate industry’s criminality, or even its non-criminal daily business. Maybe that would be more effective. Read full transcripts after the break if you don’t like PDFs:
Continue reading Kerry Morrison Evidently Solicited Some Favor in October 2014 from LAPD on Behalf of Outlaw Developer CIM Group, Peter Zarcone and Deputy Chief Terry Hara Concerned to Avoid “[Creating] a Perception of [LAPD] Being in the Pocket of a Private Developer” →

Announcements

Lots of New Unsorted Emails Between HPOA, LAPD, the Media District BID, the Hollywood Chamber of Commerce, and CD13

December 24, 2015 Mike Leave a comment

Adam Schiff hovering over a full-mouthed Peter Zarcone at one of those rubber chicken extravaganzas.

I uploaded tons of emails today, some between the LAPD and the three Hollywood BIDs, some between CD13 and the Hollywood BIDs and/or the Hollywood Chamber of Commerce. The LAPD emails are notable because I made the request that they were provided in response to on January 9, 2015. I have had to hassle them, complain to OIG about them, hassle them some more, bargain with them, plead with them, and finally, after more than 11 months, they actually handed over some emails. There seem to be about 16,000 pages to go, so at this rate I should have them all slightly less than 30 years from now.

Dan Halden in March 2015. One thing I learned from the emails presented here is that Kerry Morrison doesn't know and will not learn how to spell his name. — Dan Halden in March 2015. One thing I learned from the emails presented here is that Kerry Morrison does not know and will not learn how to spell his name.

At this point, by way of contrast, let me just mention that the staff at CD13, Dan Halden especially, and also Marisol Rodriguez, are helpful, honest, reliable, patient with my endless requests, and just all-round wonderful. We can all be proud that they’re part of our city government. Enough sentimentality! Without further ado, look here for the CD13 emails or download the PDFs directly: one—two—three—four. You can find the LAPD ones here or download the PDF directly here.
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