Tag Archives: California Public Records Act

Business Improvement Districts, Los Angeles City Government

Apparently The City Attorney Of Los Angeles Has Opined That Business Improvement Districts Can’t Spend Money On Things That Aren’t In Their Management District Plans Unless The Plans Are Amended — At Least That’s What Shadowy BID Consultant Tara Devine Said In 2012 And Why Would She Lie About That?

August 14, 2017 Mike Leave a comment

When business improvement districts in California are created, it’s required by the Property and Business Improvement District Act of 1994 at §36622 to file a so-called management district plan (MDP) with the City. This is meant to describe exactly what the BID is going to spend its money on, and it’s incorporated into the City’s Ordinance of Establishment, by which means the BID is created. It must be approved by the City Council, and the City has the power to revise it at will. The law makes it pretty clear that BIDs are actually forbidden from spending money on activities that aren’t in the MDP, although this facet of the law is generally ignored by the City.

And I’m presently working on a project that requires a close reading of invoices submitted by Tara Devine¹ to the South Park BID over the years, which I obtained last month as the fruit of a CPRA request.² Although 2012 is outside the timeline I’m working on, I was fascinated to note that Tara Devine seems to have been engaged by the South Park BID to actually write that year’s annual planning report³ for them. One of the things that she billed for in the course of performing her contract to do so Tara Devine billed for was a conversation with accounting firm RBZ, since merged with Armanino, and the subject of that conversation was wholly new to me:
Continue reading Apparently The City Attorney Of Los Angeles Has Opined That Business Improvement Districts Can’t Spend Money On Things That Aren’t In Their Management District Plans Unless The Plans Are Amended — At Least That’s What Shadowy BID Consultant Tara Devine Said In 2012 And Why Would She Lie About That? →

Municipal Ethics

Ethics Commission Releases List Of Far-Reaching, Much-Needed, Proposed Updates To Municipal Lobbying Ordinance, To Be Discussed Further At August 15 Meeting

July 30, 2017 Mike Leave a comment

On Friday the City Ethics Commission released a list of proposed updates to the Municipal Lobbying Ordinance. This is scheduled for discussion at the Commission’s upcoming August 15 meeting. These are extraordinarily far-reaching and much welcome proposals, and you’ll find a list with commentary after the break. Just for instance, though, they’re proposing to alter the definition of a lobbyist to make it easier to decide when they’re required to register, to require disclosure of specific City employees lobbied, to require disclosure of positions taken on lobbied issues, and so on.

First though, let me just outline the slightly unusual procedure by which government ethics laws are changed in the City of Los Angeles. Unlike most laws, which are proposed, amended, and passed or defeated by the City Council, ethics laws are proposed by the Ethics Commission. Once the Commission finalizes its proposal, it’s sent to the City Council, which has the right to adopt the proposal or reject the proposal, but they are specifically forbidden from altering the proposal.

Of course, something like this complex procedure is necessary, because it wouldn’t be safe to allow the City Council, the main agency reined in by ethics laws, to rewrite them on their own initiative. They’d very soon be meaningless. However, it seems to make the laws extraordinarily difficult to change in substantive ways. For instance, the Ethics Commission sent up a set of proposals fairly similar to the current set in 2010.

At that time Eric Garcetti was chair of the Rules and Elections committee, where the proposal went first. At the behest of Kerry Morrison, Estela Lopez, and a bunch of other BID staffers, in the midst of a stomach-turning display of flirtatious trivialization, he let the proposal die in committee without even a second hearing. You can read all about this disgraceful episode and even listen to audio of the giggly horribleness of it all. There’s every chance that something very similar will happen this time around. But maybe not, who can say.
Continue reading Ethics Commission Releases List Of Far-Reaching, Much-Needed, Proposed Updates To Municipal Lobbying Ordinance, To Be Discussed Further At August 15 Meeting →

Fashion District BID, Public Records Act Pragmatics

Remember That Cost Matrix That Rena Leddy And Urban Place Consulting Claimed In March 2017 Was A Trade Secret And Even Hired A Lawyer To Prevent Its Release Under CPRA? Well, Rena Leddy Herself Released It Into The Public Domain In October 2016. The Proper Response Is (a) WTF?! (b) Is Paying Lawyers To Fight Already-Lost Battles An Acceptable Use Of The BID’s Money? (c) All Of The Above

July 10, 2017 Mike Leave a comment

A couple days ago I published a collection of Rena Leddy’s reports to the Board of Directors of the Fashion District BID. This is turning out to be an incredibly rich source of information, revealing, e.g., that a marketing consultant hired by the BID thinks, among other deeply stupid thoughts, that lobster rolls confuse Latinos. And today I have another gem, but, for good or for ill, this one’s more technical although no less interesting.

Perhaps you recall that Urban Place Consulting is working for the Fashion District coordinating the BID’s pending renewal with the City. I obtained UPC’s contract with the BID from Rena Leddy via the California Public Records Act, but she claimed that the chart showing the actual hourly rates of UPC bossboy Steve Gibson and his assorted flunkies was exempt from release because it was a trade secret. Then we spent three months arguing about it and everybody got lawyered up and eventually she gave in and sent me an unredacted copy of the contract showing how much money all the UPC folks were getting paid.

Well, it turns out it was all for nothing. You see, in October 2016, UPC submitted a proposal to the BID for the consulting job. Here is a copy (transcription after the break, as always). And Rena Leddy included this proposal in the November 2016 Board Packet. And the proposal contained an unredacted copy of the cost matrix. To see why this action of Rena Leddy’s obviated our entire subsequent dispute about whether or not the cost matrix was exempt, turn the page, friend!
Continue reading Remember That Cost Matrix That Rena Leddy And Urban Place Consulting Claimed In March 2017 Was A Trade Secret And Even Hired A Lawyer To Prevent Its Release Under CPRA? Well, Rena Leddy Herself Released It Into The Public Domain In October 2016. The Proper Response Is (a) WTF?! (b) Is Paying Lawyers To Fight Already-Lost Battles An Acceptable Use Of The BID’s Money? (c) All Of The Above →

Skid Row Neighborhood Council

Newly Obtained ICS File Proves That Estela Lopez Organized That March 20 Conference Call Between Her, Rena Leddy, And Rockard Delgadillo About Nuking The Skid Row Neighborhood Council And That It Was Organized No Later Than March 18

July 8, 2017 Mike Leave a comment

Background: You can read my previous stories on the Skid Row Neighborhood Council formation effort and also see Jason McGahan’s article in the Weekly and Gale Holland’s article in the Times for more mainstream perspectives.

About ten days ago I wrote about a March 20, 2017 conference call between Rena Leddy, Estela Lopez, and potentially illegal lobbyist and former City Attorney Rockard Delgadillo, the point of which was to discuss how they were going to destroy the Skid Row Neighborhood Council. At that time the only evidence I had about the meeting was an entry from Rena Leddy’s calendar, which she’d printed out and redacted with a black marker. This, of course, destroys what’s often the most interesting aspect of an electronic record, which is to say the metadata.

Now, the California Public Records Act has an exceedingly useful requirement with respect to electronic records. It’s found at §6253.9(a)(1), which states:

Unless otherwise prohibited by law, any agency that has information that constitutes an identifiable public record not exempt from disclosure pursuant to this chapter that is in an electronic format shall make that information available in an electronic format when requested by any person and, when applicable, shall comply with the following … The agency shall make the information available in any electronic format in which it holds the information.

Modern calendar applications almost universally use the ICS file format for their entries. So on June 28 I sent Rena Leddy an email asking her for the raw ICS file. She sent it to me yesterday, and now I’m making it available to you either as files or, as always, there’s a transcription after the break:

Anti-SRNC conference call ICS — Here it is in its native format. Depending on your computer’s configuration, clicking on this may add it to your own calendar
Anti-SRNC conference call ICS saved as TXT — This has exactly the same information but with a TXT file extension so that it won’t interact with your computer in unexpected ways

There are two crucial pieces of information revealed by the metadata. First of all, Estela Lopez created the event. That is, she organized the call with Rockard Delgadillo and subsequently invited Rena Leddy to join. At a minimum this fact will be useful in framing future CPRA requests.

Second, the event was created on March 18, 2017 at noon PST.⁴ Previously we’d only been able to pin down the beginning of Rockard Delgadillo’s involvement in anti-SRNC lobbying to 11 a.m. on March 20. This is a 47 hour improvement in the timeline I’m constructing. Turn the page for analysis and a transcription of the ICS file.
Continue reading Newly Obtained ICS File Proves That Estela Lopez Organized That March 20 Conference Call Between Her, Rena Leddy, And Rockard Delgadillo About Nuking The Skid Row Neighborhood Council And That It Was Organized No Later Than March 18 →

Business Improvement Districts, Los Angeles City Government

Please Join The Staff Of This Blog In A Moment Of Silence For Blair Besten, Who Was Forced Against Her Will To Follow A Law. Let’s Hope The Damage To Her Self Respect, Her Reputation, Her Emotional Stability, And Her Employability Is Not Permanent.

June 28, 2017 Mike Leave a comment

Maybe you’re familiar with §54954.1 of the Brown Act, which requires BIDs⁵ to notify anyone in advance of their meetings and send them agendas and other materials at the same time this material is distributed to the BID’s board.⁶ Another crucial bit is found at §54954.2(a)(1), which requires posting of agendas on BIDs’ websites.⁷

And it will be no surprise to anyone who reads this blog to discover that Blair Besten and her weirdo criminal conspiracy, the Historic Core BID, have consistently ignored these two requirements since time immemorial. Of course, no shock. Many members of the BID’s board of directors are criminals. Blair Besten herself breaks the law with relish and impunity.

So I asked Blair Besten in May to inform me of the BID’s meetings. She ignored me for the May meeting. I asked her yet again.⁸ She ignored me again. A little bird told me that they had a meeting scheduled for tomorrow, June 29, so I walked by the BID office yesterday, where they had partially complied with the law by posting an agenda in the window. Too much!
Continue reading Please Join The Staff Of This Blog In A Moment Of Silence For Blair Besten, Who Was Forced Against Her Will To Follow A Law. Let’s Hope The Damage To Her Self Respect, Her Reputation, Her Emotional Stability, And Her Employability Is Not Permanent. →

Business Improvement Districts, Historical and Theoretical Perspectives, Municipal Ethics, Public Records Act Pragmatics

A Potential Solution To A Perennial Problem At The Nexus Of Los Angeles Business Improvement Districts, The Municipal Lobbying Ordinance, And A Few Widely Abused Exemptions To The California Public Records Act

June 21, 2017 Mike Leave a comment

The life-cycle of a request for documents under the California Public Records Act goes like this: A member of the public asks to see records held by some agency. The agency has ten days⁹ to respond with a determination which states whether the agency has any such records and, if so, when the agency will be ready to hand them over.¹⁰ In general agencies are required to produce all requested records.

However, CPRA lists certain classes of records which are exempt from production. Some of these so-called exemptions are weirdly specific, e.g. at §6253.5 we read:

…statewide, county, city, and district initiative, referendum, and recall petitions … and all memoranda prepared by the county elections officials in the examination of the petitions indicating which registered voters have signed particular petitions shall not be deemed to be public records…

One of the two most important sections of CPRA with respect to exemptions is found at §6254, which consists of innumerable sections, each listing an exemption or a broad class of exemptions. And as completely in favor of absolute government transparency as I am, it’s clear that at least some of these are absolutely justified. For instance, §6254(r) exempts:

Records of Native American graves, cemeteries, and sacred places and records of Native American places, features, and objects … maintained by, or in the possession of, the Native American Heritage Commission, another state agency, or a local agency.

And there are sections which exempt such things as reports on vulnerabilities to terrorism, library circulation records, certain financial data that people are required by law to submit, and so on. These are mostly noncontroversial. Others, however, are much less defensible, at least as applied.
Continue reading A Potential Solution To A Perennial Problem At The Nexus Of Los Angeles Business Improvement Districts, The Municipal Lobbying Ordinance, And A Few Widely Abused Exemptions To The California Public Records Act →

Central City East Association, Lawsuits, Public Records Act Pragmatics

The LA CAN & Catholic Worker Lawsuit Has Cost The Central City East Association At Least $115,000 In Legal Fees And Costs (And How It Took Me Two Months Of Hardcore CPRAfaction To Discover This Fact)

May 30, 2017 Mike Leave a comment

Around these parts we refer to the California Public Records Act as CPRA, pronounced SIP-rah. The methodologies and practicalities of using CPRA are known as CPRAfaction, pronounced SIP-rah-faction.

You may recall that in March, the Central City East Association settled the momentous lawsuit brought against it by the Los Angeles Community Action Network and LA Catholic Worker.¹¹ This was mere months after beloved Los Angeles gadfly Eric Preven and the incomparable ACLU of Southern California won a momentous decision in the California Supreme Court, which ruled essentially that once a legal case was finished the legal privilege exemption to CPRA¹² no longer applied. No coincidences around here! So I fired off an email to Estela Lopez as follows:

Good afternoon, Estela, and happy Palm Sunday.

And congratulations on settling that 2014 lawsuit, namely LACW et al. v. Downtown Industrial District BID et al. (2:14-cv-07344-PSG-AJW). I would like to look at copies of all bills from all lawyers who worked for the CCEA on this case.

For the sake of efficiency, and in case you’re not already aware aware of this, here’s a link to an LA Times story on the recent Supreme Court decision declaring that once a case is resolved the bills become public records:

http://www.latimes.com/local/lanow/la-me-ln-court-legal-bills-20161229-story.html

As you can imagine, there was a lot of back-and-forth, with her mostly refusing to hand over the legal bills, until this afternoon, when she did hand them over. The full story of that, with bunches of emails and also a reasonable amount of CPRA nerdview, can be found after the break if you’re interested.

But here are the actual bills to CCEA from their lawyers, Hill, Farrer, & Burrill. I spent a little time adding up the totals and their total legal bills, costs and fees, seem to have come to $89,782.54 over the last three years. Add this to the $25,000 they agreed to pay the plaintiffs in the settlement agreement and their whole bill comes to $114,782.54. This is over slightly less than three years, and the BID’s annual budget is roughly $2,000,000, so it’s relatively not that much.

According to Estela Lopez in 2015 there are more than 2000 homeless human beings living in the CCEA’s territory. Thus this lawsuit cost them a little more than $57 per potential harassment victim. I’m sure this seems cheap at the price. Anyway, that’s the substantive information. Turn the page for the story of how I got my hands on it!
Continue reading The LA CAN & Catholic Worker Lawsuit Has Cost The Central City East Association At Least $115,000 In Legal Fees And Costs (And How It Took Me Two Months Of Hardcore CPRAfaction To Discover This Fact) →

Fashion District BID, Public Records Act Pragmatics

The Fascinating Story Of How It Took Three Months And A Demand Letter From An Attorney To Get Rena Leddy To Disclose That The Fashion District BID Is Paying Steve Gibson Of Urban Place Consulting $215 Per Hour For BID Renewal Consulting, Which Is Less Than Larry Kosmont Gets But More Than Ed Henning

May 28, 2017 Mike 2 Comments

Late last year it occurred to me that BID consultants, who help BIDs with the City processes necessary to establish or renew a BID, are essentially engaging in lobbying activity as defined in the Municipal Lobbying Ordinance at LAMC §48.02 and yet none of them¹³ seemed to be registered with the Ethics Commission as required by LAMC §48.07(A).

I then spent months piecing together over 100 pages of evidence to show that BID consultant Tara Devine had violated this law. Subsequently it occurred to me that the contracts that the consultants sign with BIDs would provide essential evidence that they’d been acting as lobbyists, so I determined to request these from many renewing BIDs. This led me to the discovery, thanks to the incomparable Laurie Hughes of the Gateway to LA BID, that GTLA’s BID consultant, Larry Kosmont, actually was registered as a lobbyist and had disclosed his BID consultancy as lobbying in his required reporting. The San Pedro BID is also up for renewal, and has recently released a fairly complete set of BID renewal records.

This brings us to the Fashion District. On February 21, 2017 I emailed Rena Leddy to request, among other material:

… all records associated with the renewal process, including but not limited to communications between the BID and the consultant and/or the engineer, contracts with and invoices from the consultant or the engineer, materials prepared by the consultant or the engineer for the renewal process, databases and mailing lists prepared or used by the consultant or the engineer, and also any communications between the consultant and the engineer that aren’t already responsive to the first part of this request.

The story of what happened after that stretched out over three months and generated many many megabytes of discussion. Read on for a (far too) detailed and exceedingly well-documented narrative recounting, complete with a happy, happy ending!
Continue reading The Fascinating Story Of How It Took Three Months And A Demand Letter From An Attorney To Get Rena Leddy To Disclose That The Fashion District BID Is Paying Steve Gibson Of Urban Place Consulting $215 Per Hour For BID Renewal Consulting, Which Is Less Than Larry Kosmont Gets But More Than Ed Henning →

Announcements, Business Improvement Districts, Public Records Act Pragmatics

More than 200 MB Of New Hand-Scanned Documents From Figueroa Corridor BID and North Hollywood BID, Heavily Redacted For No Discernable Reason, But Interesting Nevertheless!

May 18, 2017 Mike Leave a comment

For the last few months I’ve been posting a lot of records from:

But I haven’t discussed the fact that these releases weren’t complete. In each case, Aaron Aulenta of Urban Place Consulting, who seems to be in charge of both of these BIDs, claimed numerous exemptions to the Public Record Act and told me that there was a bunch of material that he was printing out and redacting by hand on the basis of these exemptions.

Well, for various reasons I wasn’t able to get over to the offices of the FCBID to look at this stuff until Tuesday. Aaron Aulenta was kind enough to let me scan it instead of paying the usual outrageous copying fees that BIDdies habitually claim to be allowed to collect, and, after some minimal processing, I’m pleased to announce that it’s now available on Archive.Org. There’s some pretty interesting stuff in there, but it turns out that in this case the most interesting stuff is what’s not in there.

That is to say, the most interesting aspect of this release is what Aaron Aulenta thought that he was justified in redacting. Perhaps you recall that the California Public Records Act only allows for material to be redacted or withheld if one or more of the explicit enumerated exemptions to be found in the statute applies. There’s one exception to this principle, to be found in the infamous §6255(a), which states:

The agency shall justify withholding any record by demonstrating that the record in question is exempt under express provisions of this chapter or that on the facts of the particular case the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record.

As you can imagine, BIDdies¹⁴ freaking love this last bit. It’s the most abused section of the law, with BIDdies, stoned out of their minds on white privilege and steeped in their delusional¹⁵ theory that laws are written and enforced for no better reason than to preserve and augment their power and wealth, claiming randomly that pretty much any piece of information they feel might embarrass them or their lackeys is exempt under this so-called public interest exemption.

For your future reference, there are at least two dispositive signs that this clause is being misused. First, they will refuse to state what public interest they feel is clearly being served by their withholding of the information. You’ll note that the law requires them to make this judgment on the particular facts of the case, which do not, can not, include a vague wave of the hand towards a claim of “I don’t heart that.”

Second, they will state semantically empty summary phrases which purport to refer to actual exemptions but, in fact, do not. Aaron Aulenta’s favorite of these seems to be “the benefit does not outweigh the burden.” It’s not exactly clear what the hell he’s thinking when he says this, and getting my hands on all these redacted documents has made it less rather than more clear, as you will see from the specific examples to be found after the break.
Continue reading More than 200 MB Of New Hand-Scanned Documents From Figueroa Corridor BID and North Hollywood BID, Heavily Redacted For No Discernable Reason, But Interesting Nevertheless! →

Los Angeles City Government, Public Records Act Pragmatics

In Yet Another Example Of Disdain For The California Constitution, LAPD Internal Affairs Finds “Insufficient Evidence” To Pursue CPRA-Based Complaint Against LAPD Discovery, Leaving ACLU’s April 2017 Lawsuit As Current Best Hope For Reform

May 18, 2017 Mike Leave a comment

Maybe you remember that last October I complained to LAPD Internal Affairs about the fact that the LAPD Discovery Unit, which handles Public Records Act requests, was unbelievably, flamboyantly, egregiously, astonishingly remiss in their legal duty to provide requested records promptly. They routinely take more than 18 months to handle requests if they handle them at all.

The complaint was based on the theory that, since compliance with the Public Records Act is a fundamental constitutional right in California, and since Reverence for the Law is one of the LAPD’s core values, someone in the chain of command ought to be held responsible for LAPD’s flouting of this fundamental constitutional right. Well, a few weeks ago I received a determination letter from Internal Affairs on my complaint. They found sadly, that there was Insufficient Evidence to Adjudicate. So much for that theory!

Of course, the LAPD has a long and ultimately twisted relationship with both the Constitution of the United States and with the Constitution of California, from the depths of unrecorded history to 1923’s Liberty Hill Strike to the Consent Decree imposed by the Justice Department in response to innumerable instances of appalling misconduct to the long list of killings of unarmed people in the first decades of the 21st Century.
Continue reading In Yet Another Example Of Disdain For The California Constitution, LAPD Internal Affairs Finds “Insufficient Evidence” To Pursue CPRA-Based Complaint Against LAPD Discovery, Leaving ACLU’s April 2017 Lawsuit As Current Best Hope For Reform →