How I Reported Shadowy BID Consultant Tara Devine To The City Ethics Commission For Failing To Register As A Lobbyist Based On Her Work For The South Park BID In 2017

So you may recall that I’ve been working on establishing the fact that BID consulting constitutes lobbying as defined in the Municipal Lobbying Ordinance. I kicked off this project in February with shadowy BID consultant Tara Devine, whom I reported to the Ethics Commission for working as a lobbyist but failing to register as a lobbyist. Meanwhile, if you have no idea what I’m talking about, here is a reasonable introduction to the concepts of both BID consultancy and why it’s almost certainly the kind of thing for which registration with the Ethics Commission is required.

My theory gained some credibility with the discovery that some BID consultants in Los Angeles do register as lobbyists. Since February I’ve been collecting evidence against Ed Henning for his work with the San Pedro BID and also against Urban Place Consulting for their work on Fashion District BID renewal and also Media District BID renewal.

And, of course, against Tara Devine for her ongoing work with the South Park BID. Finally, a few weeks ago I completed a generic argument1 that BID consultancy constitutes lobbying. And this morning I’m pleased to announce that, despite the twisted CPRA-defying machinations of South Park BID director of operations2 Katie Kiefer and her less-than-competent lawyers,3 I have submitted yet another complaint to the Ethics Commission against Tara Devine, this time for her BID consulting for South Park. You can read the whole complaint here.

And turn the page for a technical discussion of an interesting issue which came up while I was putting this complaint together. Note that I discussed this same issue the other day, so if you read that post, you might want to just skip the rest of this one.
Continue reading How I Reported Shadowy BID Consultant Tara Devine To The City Ethics Commission For Failing To Register As A Lobbyist Based On Her Work For The South Park BID In 2017

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In Defense Of Detailed Reporting Of Contacts Between Lobbyists And City Officials

On August 15 the City Ethics Commission met and discussed proposed changes to the Los Angeles Municipal Lobbying Ordinance. The Commissioners with one notable exception were disgracefully deferential to the trumped-up concerns of a bunch of lobbyists. You can read the full set of staff recommendations as well.

I hope everyone who cares about government ethics in Los Angeles will write comments to the Commission. I’m currently working on a series of my own positions, to be compiled and submitted as public comment. This post is the second in the series, and the previous item was In Defense of a Compensation-Based Registration Threshold for Lobbyists.

Today I’m defending the proposed change to a requirement that lobbyists report individual contacts with City officials by name and title. Right now there’s a super-minimal reporting requirement which is essentially ineffectual. As always, if you have no idea what I’m talking about, you’re not alone. Turn the page for an introduction to the issue and arguments in favor of making the change.
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Lunada Bay Boys Plaintiffs Reply To Opposition To Their Motion For Administrative Relief, Include Fascinating Transcript Of Yet Another Telephonic Hearing About Discovery Transgressions By Defendants

For background take a look at this excellent article from the Times on this lawsuit. Also see here to download all pleadings in this case.

A couple weeks ago the plaintiffs asked Judge Otero to deny all the various and sundry motions for summary judgment filed by all the various and sundry defendants in this tangled web of a lawsuit. The basis of this plaintiffs’ motion is their pretty darn plausible assertion that approximately none of the defendants are cooperating with their discovery obligations, making it impossible for the plaintiffs to reply effectively to the defense motions.

Of course, both the City defendants and the individual defendants filed the usual eleventy-jillion briefs in opposition. And yesterday the plaintiffs filed their reply to the opposition. This was written by Kurt Franklin, and is very much worth reading.1 There is a transcription after the break. The hearing on this motion is scheduled for September 5, 2017 in James Otero’s courtroom 10C in the First Street Federal Courthouse.

The reply came with the usual batch of exhibits, among which is this gem of a transcript of the July 25 hearing before the Magistrate Judge Rozella Oliver about Sang Lee’s discovery failures. If you’ve been following along, this was the hearing after which Oliver issued an order requiring Lee to hand everything over that very day. Another good read is this excerpt from the Steve Barber deposition in which he admits to being a Bay Boy buddy and also discusses at length the phone-carrying habits of the PVEPD.
Continue reading Lunada Bay Boys Plaintiffs Reply To Opposition To Their Motion For Administrative Relief, Include Fascinating Transcript Of Yet Another Telephonic Hearing About Discovery Transgressions By Defendants

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Discussions On City Of LA’s Motion For Clarification Of Otero’s Preliminary Injunction Forbidding Confiscation Of Homeless Property In Skid Row Finally Break Down, Leading Plaintiffs’ Attorneys To File Scathing Opposition — Hearing Set For September 11 At 10 a.m.

See Gale Holland’s excellent story in the Times on Mitchell v. LA as well as our other stories on the subject for the background to this post. See here to download most of the papers filed in the case.

It’s been over a year since anything tangible happened in Mitchell v. City of LA, which is the most recent lawsuit against the City of Los Angeles challenging the City’s abhorrent enforcement of the abhorrent LAMC 56.11 as an abhorrent justification for the illegal and immoral confiscation of the personal property of homeless people in Los Angeles. Here’s a brief timeline of what’s been going on:

  • April 2016 — Judge Otero issues a preliminary injunction severely limiting the City’s enforcement of LAMC 56.11 in Skid Row.
  • May 2016 — The City of Los Angeles asks Otero to clarify his injunction. In particular, the City wanted to know the boundaries within which the injunction applies and also how the community caretaking exception to the Fourth Amendment is to be exercised in relation to homeless people’s property.
  • Subsequently the City and the plaintiffs spent over a year trying to come to an agreement on the motion for clarification.

Well, yesterday Carol Sobel filed this opposition announcing that, while the parties were able to agree on the boundaries within which the injunction applies and some other matters, they most certainly were not able to agree on the community caretaking matter and neither were they able to agree on the City’s proposal for what constitutes a removable “bulky item.” The agreed-upon boundaries, by the way, are:

Second Street to the north, Eighth Street to the South, Alameda Street to the east and Spring Street to the west.

According to the American Bar Association Journal,

The idea behind community caretaking is that police do not always function as law enforcement officials investigating and ferreting out wrongdoing, but sometimes may act as community caretakers designed to prevent harm in emergency situations.

When they’re functioning in that role, the theory goes, they can seize cars without due process, or search houses without a warrant, and so on, as long as they’re “caring for the community” rather than investigating. Thus the community caretaking function justifies some specific exceptions to the Fourth Amendment prohibition on warrantless searches and seizures of property.

And I’m sure you can imagine just what kinds of mischief the City of Los Angeles is capable of getting up to with a tool like that. In particular they’re arguing that they ought to be able to confiscate people’s property when they’re arrested even if the arrestee has someone at the scene who can take custody of the property. The City says yes, sane people say no.

This matter is scheduled for a hearing at 10 a.m. on Monday, September 11, in Otero’s Courtroom 10C in the First Street Federal Courthouse. Anyway, turn the page for some excerpts from the filing which explain things better than I’m capable of doing.
Continue reading Discussions On City Of LA’s Motion For Clarification Of Otero’s Preliminary Injunction Forbidding Confiscation Of Homeless Property In Skid Row Finally Break Down, Leading Plaintiffs’ Attorneys To File Scathing Opposition — Hearing Set For September 11 At 10 a.m.

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Ten Years Of San Pedro BID Minutes And Agendas Now Available

Yesterday San Pedro BID Executive Directrix Lorena Parker was kind enough to send me minutes and agendas of the BID’s Board of Directors and its Marketing Committee from 2008 through the present. These are now available on Archive.Org to pique and sate your prurient and scholarly interest. These are mostly available as both MS Word documents and as PDFs. There is a ton of duplication for whatever reason, and I didn’t try to eliminate it. Also, I changed all the filenames by prepending the year to force rational sorting. I did not do the same for the months. Anyway, happy reading!
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Tiffany Bacon, Lunada Bay Boys Defense Attorney For Two Thirds Of The Ferraras In The Case, Files Opposition To Plaintiffs’ Motion For $32,000 In Sanctions In Advance Of Tomorrow’s Telephonic Hearing On The Matter, Passively Threatens Retaliatory Abuse Of Process Claim Against Plaintiffs On Charlie’s (But Not Frank’s) Behalf

For background take a look at this excellent article from the Times on this lawsuit. Also see here to download all pleadings in this case.

Last week, in yet another thrilling episode in the seemingly neverending saga of discovery disputes in the astonishingly labyrinthine Lunada Bay Boys case, the plaintiffs filed a motion asking magistrate judge Rozella Oliver to make Charlie Ferrara, Frank Ferrara, and their lawyers, Bremer, Whyte, Brown, & O’Meara, represented in the instant matter by Tiffany Bacon, cough up $32,000 in sanctions for failure to abide by the Court’s orders regarding discovery.

Well, there’s a telephonic hearing on the matter tomorrow at 10 a.m., and yesterday Tiffany Bacon, attorney to the particular Ferraras involved here, filed an Opposition to the Motion as well as a big old declaration in support of the opposition and a little tiny objection to evidence, mostly arguing that the fact that Frank Ferrara was quoted in the Daily Breeze about the case before he was served, being hearsay, isn’t adequate evidence that he was aware of the case before he was served.

As the hearing is tomorrow and Rozella Oliver is characteristically quite prompt with orders we should know the outcome within the next few days. Stay tuned, and turn the page for a transcription of some excerpts from the opposition to the motion.
Continue reading Tiffany Bacon, Lunada Bay Boys Defense Attorney For Two Thirds Of The Ferraras In The Case, Files Opposition To Plaintiffs’ Motion For $32,000 In Sanctions In Advance Of Tomorrow’s Telephonic Hearing On The Matter, Passively Threatens Retaliatory Abuse Of Process Claim Against Plaintiffs On Charlie’s (But Not Frank’s) Behalf

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In Defense Of A Change To A Compensation-Based Threshold For Lobbying Registration In Los Angeles

I wrote yesterday about a troubling meeting of the Ethics Commission concerning revisions to the Municipal Lobbying Ordinance. The proposals are still very much in flux, and timely public comments are not only essential for swaying the wavering commissioners in the right direction, but the commissioners, no matter their other flaws, do seem to read them, so they’re likely to be effective if submitted over the next couple of months.1

I had planned to write a letter to the Commission about all the issues together and publish it here as well, but the more I think about it the more I have to say. Thus I thought it would be much easier for everyone if I wrote about one issue at a time and then edited the posts down into a single letter to the Commission. Also, maybe you’ll find some of my ideas useful in framing your own letters, which should be sent to ethics.policy@lacity.org.

This post, then, is the first installment of that project, and the subject is the proposed change from a time-based registration requirement to a compensation-based requirement. If you have no idea what I’m talking about, you’re surely not alone. Turn the page for an introduction to the issue and arguments in favor of making the change.
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In A Disgraceful Display Of Regulatory Capture, Ethics Commissioners (Except For Andrea Ordin) Drink Lobbyist Kool-Aid With Respect To Lobbying Ordinance Revision, Direct Staff To Acknowledge Even More Bullshit Pissing And Moaning From Lobbyists, And Gleefully Betray Their Duties To The People Of Los Angeles

A couple weeks ago I wrote about proposed changes to the Municipal Lobbying Ordinance, which were on the agenda for Tuesday’s meeting of the Ethics Commission. The proposed revisions would essentially require more detailed, much quicker disclosure of lobbyists’ projects and clarify precisely who is required to register. Well, the meeting happened. First there was a ton of public comment from lobbyists, all of it the familiar bitching and moaning that the power elite of Los Angeles will typically spew forth when they feel that their power is threatened in any way.

Next there was a series of embarrassing PDAs between Commissioners and lobbyists about how wrong it is to burden the “regulated community”1 with any oversight at all and how, despite all evidence to the contrary, lobbyists actually want to follow the laws. The Commissioners, that is, apart from Andrea Ordin who, alone among her colleagues, seems to remember why we have a lobbying ordinance in this City, basically took the position that if the lobbyists in attendance were upset by the proposed revisions then there was something wrong with the proposals.

Subsequently, the Commissioners asked Director of Policy Arman Tarzi a series of questions displaying their embarrassing ignorance of how lobbying actually works in this City, and finally Commission President Jessica Levinson directed the staff to solicit even more input from lobbyists on how they want to be regulated. This despite the fact that the revision process has already been going on for a year and a freaking half already. Anyway, I taped the whole 90 minutes of discussion, and you can watch it here:

  • Part one — About an hour’s worth of mostly mendacious public comment from lobbyists followed by the beginning of the interrogation of the long-suffering, saintly, heroic Arman Tarzi by Commissioners who, mostly, don’t even seem to have read the material they’re deliberating on, or not to have comprehended it if they did read it.
  • Part two — Ethics Commissioners falling over themselves to state how great lobbyists are and quizzing the staff about matters that, as commissioners, they ought already to understand.

If you’re wondering how important this issue is, just think back to the recent episode of the Skid Row Neighborhood Council formation effort. There we saw massive illegal lobbying efforts directed at successfully employed to convince Jose Huizar to subvert the subdivision election on behalf of anonymous clients who paid more than $45,000 for this service and whose identities, despite the requirements of the MLO, are still unknown to the public. It’s quite plausible that a more timely disclosure of this information would have changed the outcome of the election.

And turn the page for a detailed discussion of the some problems with the proposed revisions that the Commissioners purported to find. As you consider the Commissioners’ cataclysmic failure to regulate lobbying in Los Angeles, keep in mind that it’s people like the residents of Skid Row that they’re failing to protect.
Continue reading In A Disgraceful Display Of Regulatory Capture, Ethics Commissioners (Except For Andrea Ordin) Drink Lobbyist Kool-Aid With Respect To Lobbying Ordinance Revision, Direct Staff To Acknowledge Even More Bullshit Pissing And Moaning From Lobbyists, And Gleefully Betray Their Duties To The People Of Los Angeles

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Lunada Bay Boys Judge James Otero Orders Post-Deadline Deposition Of Plaintiff Organization Coastal Protection Rangers To Take Place By August 24 Or, At The Latest, September 15

For background take a look at this excellent article from the Times on this lawsuit. Also see here to download all pleadings in this case.

The other day the Lunada Bay Boys defendants asked Judge James Otero if they could depose the Coastal Protection Rangers, who is one of the plaintiffs in the case, despite the fact that the deadline for depositions has passed. Yesterday Otero issued an order allowing them to do so. There’s a transcription of the order after the break.
Continue reading Lunada Bay Boys Judge James Otero Orders Post-Deadline Deposition Of Plaintiff Organization Coastal Protection Rangers To Take Place By August 24 Or, At The Latest, September 15

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A Bunch Of Emails Between The Los Feliz Village BID And The City Of Los Angeles Reveal A Number Of Interesting Issues, Not Least Of Which Is City BID Analyst Giving The BID Legal Advice On CPRA Requests Contrary To Holly Wolcott’s Position That This Does Not Happen

The other day I received a big pile of emails between the Board of the Los Feliz Village BID and people at the City of Los Angeles. They’re available here on Archive.Org. Note that the BID produced these by using some kind of bulk forwarding utility for Gmail to send these to their attorney, uniquely repetitive chair of the famed Hollywood Chamber of Commerce, Mr. Jeffrey Charles Briggs Esq.

Attorney Briggs then exported the forwarded emails as MSG files and passed them along to me. Unfortunately this process mangled the metadata and made it more trouble than it seems to be worth to sort and rename the files by date and time. Sr. Briggs seems to be willing at least to consider instructing his clients to provide actual exact copies of emails in the future, but for now we’ll work with what we got, especially since the whole process has taken more than six months to get to this point. Anyway, turn the page for discussion of a few highlights.
Continue reading A Bunch Of Emails Between The Los Feliz Village BID And The City Of Los Angeles Reveal A Number Of Interesting Issues, Not Least Of Which Is City BID Analyst Giving The BID Legal Advice On CPRA Requests Contrary To Holly Wolcott’s Position That This Does Not Happen

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