Tag Archives: BID Formation Guidelines

First Known Instance Of Los Angeles City Attorney’s Office Involvement In BID Formation Revealed By Emails Between Rampart Neighborhood Prosecutor Andrew Said And Wilshire Center Director Mike Russell About How To Get A BID In Westlake

It’s well known in the anti-BID community that the City of Los Angeles is fully committed to the completely false story that a BIDs is formed by a spontaneous upswelling of property owners, uninfluenced by the City and completely outside of the City’s power to direct. Of course, as I said, this is a lie, and there’s plenty of evidence that it is a lie. State law not only gives the City the absolute right to determine everything BIDs do with their money but the City is not shy about exercising this right when necessary.

And there are plenty of concrete proofs that it’s actually the City of Los Angeles that creates BIDs. From then-CD13-rep Jackie Goldberg’s tireless efforts to form a BID in Hollywood in the mid 1990s to Eric Garcetti’s and Mitch O’Farrell’s almost decade-long quest to put together a BID in Echo Park to CD9 repster Curren Price’s strongarmed extortion of a South LA car dealership to get seed money for a BID along MLK Blvd. to CD11 rep Mike Bonin’s mendacious little flunky Debbie Dyner Harris’s multi-year involvement with the Venice Beach BID formation effort, the City is the motivating force, I’d venture, for every damn BID we have now and are gonna have in the future.

But every case I know of has involved the local Council District. This isn’t just my imagination, either. It’s reflected in these BID formation guidelines, published by the Los Angeles City Clerk‘s BID office, which state unequivocally that the BID formation process begins when: An individual, or a group of individuals (“proponent group”), or a Councilmember, desires to investigate the possibility of establishing a BID in a given area.

Consequently, what a surprise it was to find a set of emails between Andrew Said, who is neighborhood prosecutor for the Rampart Division, and Mike Russell, director of the Wilshire Center BID, which feature Andrew Said asking for Mr. Mike’s advice on how to start a BID in Westlake. The emails, which are part of a larger set I received yesterday,1 are available here on Archive.Org. Turn the page for transcriptions and some more discussion of what this might mean.
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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 Venice Beach Property Owners Association

Tara Devine at the Venice Beach BID hearing on August 23, 2016, a day on which she engaged in at least 2.5 hours of lobbying activity.
The TL;DR is that I believe that in the course of her consultancy with the Venice Beach BID, Tara Devine qualified as a lobbyist within the meaning of the Los Angeles Municipal Lobbying Ordinance, was therefore required to register with the Ethics Commission, and failed to do so, putting her in violation of the law. If you know what all those terms mean, you may want to go straight to the complaint (Warning: 23MB PDF). For a detailed explanation of the background, though, read on!

The key is found in Section 48.07, which states that “An individual who qualifies as a lobbyist shall register with the City Ethics Commission within 10 days after the end of the calendar month in which the individual qualifies as a lobbyist.” After all, anyone can search the Ethics Commission’s database and see that Tara Devine has never registered as a lobbyist. So the question is whether Tara Devine is “An individual who qualifies as a lobbyist.” This turns out to be a fairly complicated thing to determine.

The first place to start when interpreting any law is with the definitions. In the case of the Municipal Lobbying Ordinance (henceforth “MLO”) they are found at LAMC §48.02. In particular, we will find that the word “lobbyist”:

means any individual who is compensated to spend 30 or more hours in any consecutive three-month period engaged in lobbying activities which include at least one direct communication with a City official or employee, conducted either personally or through agents, for the purpose of attempting to influence municipal legislation on behalf of any person.

And in order to see whether this applies to Tara Devine, we need to understand the following terms:

  • Lobbying activities
  • Municipal legislation
  • Attempting to influence


And once we understand what those three phrases mean, we have to show that Tara Devine was paid for 30 or more hours lobbying on behalf of someone else. The details, as always, are after the break!
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 Venice Beach Property Owners Association

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