Previous installments in this series:
Continue reading Update On Using CPRA To Get Advance Notice Of Homeless Encampment Cleanups: In Theory It’s Working Fine, But In Practice Not So Much
Tag Archives: California Public Records Act
Kerry Morrison’s Fallibility Exposed Publicly By Park La Brea News As Greater West Hollywood Food Coalition Move To Hollywood Salvation Army Is Finalized But She (Almost) Keeps Stiff Upper Lip. Mitch O’Farrell, On The Other Hand, Still Doesn’t Get This Whole “Free Country” Thing…
At least since February 2016, the Greater West Hollywood Food Coalition has been publicly discussing a move away from its long-time ground zero at Sycamore and Romaine. Of course, Ms. Kerry Morrison does not like this one bit and, in her rage,2 in May, went off in a tizzy crying to Salvation Army Board member Hank Hilty, whose family owns the Northeast corner of Third and Fairfax,3 and to the Salvation Army Southern California chief-directorate-for-something-or-another in Long Beach, saying something like “Hey fellow zillionaires! We don’t like this so can you please put a stop to it?”
And just watch her little speech on the matter from May. See how her affect just screams competence, omnipotence, every-kind-of-cence-but-common-sense? Well, according to the Park La Brea News, the Food Coalition’s move is a done deal and they will start serving meals there on January 1st. So much for Kerry Morrison’s back-channel-zillionaire-solidarity methodology. But does she just admit that she’s been trying to stop this development for almost a year now and has failed utterly? Nope! She’s quoted right in the article, speaking as if from her metaphorical dais, that imaginary place of calm, controlled, power. Also sprach die Königin von Hollywood:
“[The GWHFC and Salvation Army] don’t perceive it will be much of a net increase of people coming to Hollywood, but we will have to see. I don’t necessarily buy that,” Morrison said. “The concern is not about the meal program, it’s what happens before and afterwards. When you are embarking on a project like this that is not self-contained, it is going to have implications for the surrounding neighborhood. We definitely will be watching. We will be tracking to see if there is any increase [in homeless people coming to Hollywood]. If we are 60 days into it and there is no impact, then we are golden.”
The tacit assumption here is that anyone cares whether or not she is “golden.” In fact, if anyone at all cared, she would have been able to stop the whole thing in January, when she first started tracking it, or in May, when she first started whining about it in public. But she couldn’t, so why would she be able to now? She’s putting up a good front, but she’s putting up a front.
And that’s not all! Note how she says that ” We definitely will be watching. We will be tracking to see if there is any increase [in homeless people coming to Hollywood].” Well, she’s talking about the BID Patrol watching, obviously, and that presents an interesting legal problem for her. Also, recall that CD13 Councildude and Darth Four-Eyes Mitch O’Farrell has been trying to get the Food Coalition shut down since about 20 minutes after he took office in 2013. He has something silly to say about the whole thing too. Read on, friends, for details!
Continue reading Kerry Morrison’s Fallibility Exposed Publicly By Park La Brea News As Greater West Hollywood Food Coalition Move To Hollywood Salvation Army Is Finalized But She (Almost) Keeps Stiff Upper Lip. Mitch O’Farrell, On The Other Hand, Still Doesn’t Get This Whole “Free Country” Thing…
Crucial Breakthrough In Anti-BID CPRA Pragmatics From City Clerk: Miranda Paster Accepts My Argument And Thereby Releases Mailing List For South Los Angeles Industrial Tract BID!
For technical reasons, though, that victory was not applicable to BIDs in general.6 You can read the details in the above-linked-to post. So the next step is to find a way to get a mailing list for any BID. This is still ongoing, but today another one of my intermediate, more restricted, strategies was successful. It’s based on this June 15, 2015 report from Miranda Paster to Holly Wolcott.7 The crucial bit is the statement that:
On June 18, 2015, staff mailed out notice of public hearing and ballot packages for the renewal of the South Los Angeles Industrial Tract and Granada Hills Business Improvement District and notice of public meeting and public hearing for the renewal of the Los Angeles Tourism Marketing District.
Recall that for months, Miranda Paster put me off the mailing list for the Venice Beach BID by claiming that it was the property of shadowy BID consultant Tara Devine and not, therefore, a public record. Thus the success of these requests hinges on the precise definition of what a public record is, and for that and subsequent discussion, you have to turn the page.
Continue reading Crucial Breakthrough In Anti-BID CPRA Pragmatics From City Clerk: Miranda Paster Accepts My Argument And Thereby Releases Mailing List For South Los Angeles Industrial Tract BID!
California Government Code Section 1222 Is A New (To Us) Governmental Integrity Law Of Which Chad Molnar’s CPRA Shenanigans Constitute A Violation, Making Him Not Only Unethical But An Actual Criminal And Potentially Even Subject To Citizen’s Arrest!!
Every wilful omission to perform any duty enjoined by law upon any public officer, or person holding any public trust or employment, where no special provision is made for the punishment of such delinquency, is punishable as a misdemeanor.
The potential here is astounding. You see, there is “no special provision…made for the punishment of” a failure to comply with CPRA. This is in contrast to, e.g., the Brown Act, which does contain a clause making certain kinds of violations misdemeanors.8 However, the duty to comply with CPRA is “enjoined by law upon” public officers. For instance, the California Constitution at Article I, section 3(b) states pretty unequivocally that:
In order to ensure public access to the meetings of public bodies and the writings of public officials and agencies, as specified in paragraph (1), each local agency is hereby required to comply with the California Public Records Act …
Now, this law requires9 that the failure to act be wilful. But, of course, that’s where we have Chad Molnar dead to rights. If you didn’t read the whole story, you can at least read the smoking gun, in which Chad Molnar actually states explicitly that he’s not going to comply with CPRA and that he doesn’t think he has to comply. And note that this is not just him not complying with some vague part of the law, proof of violation of which would require a fact-finder, but him not complying with objectively clear, explicitly mandated, response deadlines. He just flat-out says he’s not going to respond as required. It’s hard to imagine a more wilful violation than that.
So anyway, as soon as possible, I hope this weekend, I’m going to write up a complaint and figure out what to do with it. Perhaps I’ll try the neighborhood prosecutor in Venice. They do handle misdemeanors, after all. This probably won’t work so well, and then I’ll send it to Jackie Lacey’s Public Integrity Division. I’ll keep you up-to-date. And if you’re still interested, turn the page for even more wildly uninformed speculation.10 Continue reading California Government Code Section 1222 Is A New (To Us) Governmental Integrity Law Of Which Chad Molnar’s CPRA Shenanigans Constitute A Violation, Making Him Not Only Unethical But An Actual Criminal And Potentially Even Subject To Citizen’s Arrest!!
David Ryu’s Staff Evidently Considered and Rejected Lisa Schechter’s and Media District BID’s (Illegal, Unethical) Plea For A Council Motion Regarding Oversize Vehicle Parking In February 2016
[His non-involvement] suggests the possibility that Ryu isn’t as invested in pleasing these BIDdies as O’Farrell is. Or maybe he’s sitting it out because his staff has made him aware that Schechter’s up to something sneaky.
Well, I recently obtained emails from CD4 that bear on the matter. These are heavily redacted, but interestingly, as is sometimes the case, the redactions themselves tell part of the story.
Continue reading David Ryu’s Staff Evidently Considered and Rejected Lisa Schechter’s and Media District BID’s (Illegal, Unethical) Plea For A Council Motion Regarding Oversize Vehicle Parking In February 2016
New Documents: LASAN Encampment Investigation Reports, Lots of Emails About Venice Beach BID, BID Feasibility Reports, Save Valley Village Lawsuit
Announcing lots of new documents!
Venice Beach BID Emails:
- 2016 Emails between CD11 and City Clerk — At Archive.Org
- Emails between Tara Devine and City Clerk — At Archive.Org
- All these emails in local storage
LA Sanitation Homeless Encampment Materials. Note the crappy quality of these things. That’s because, even though CPRA says both clearly and explicitly that if records are stored electronically they must be released in an electronic format, not only does LASAN refuse to do this, insisting on printing these low quality black and white copies from the electronic color originals, but they won’t even answer my emails about this, even though CPRA also compels them to answer. Ah, sigh, right?
- Encampment proofs of posting and other investigations; at Archive.Org
- LAMC 56.11 enforcement procedures and related materials; at Archive.Org
- All this material and more in local storage in our new Sanitation subdirectory
BID Feasibility Reports. It seems that BID consultants are supposed to prepare these reports before the BID formation process starts. It also seems that this rule is not enforced. When I asked Miranda Paster for all of these, she sent me only these two: San Pedro and Pacoima. Perhaps these are all there are, in which case yet another rule is being broken.
And finally, turn the page for the City of LA’s answer to the Save Valley Village vote-fixing lawsuit!
Continue reading New Documents: LASAN Encampment Investigation Reports, Lots of Emails About Venice Beach BID, BID Feasibility Reports, Save Valley Village Lawsuit
Street Vendors Reply To City of LA’s Motions To Strike And To Dismiss, Also Important Records From Department Of Sanitation, Including The City’s Standard Operating Procedure For Cleaning Up Homeless Encampments
First, you may recall that a couple weeks ago the City of LA filed a couple of motions in the street vending lawsuit. These were:
- A motion to dismiss the case and
- A motion to strike some material from the Plaintiffs’ complaint.
Tonight the plaintiffs filed their responses to these motions:
And turn the page for some material from the Department of Sanitation relating to homeless encampment cleanups. Most importantly, there is the City-Attorney-approved Standard Operating Procedure manual for cleanups. This is stunning, essential information.
Continue reading Street Vendors Reply To City of LA’s Motions To Strike And To Dismiss, Also Important Records From Department Of Sanitation, Including The City’s Standard Operating Procedure For Cleaning Up Homeless Encampments
Update On Attempts To Use CPRA To Get LA Sanitation To Provide Advance Notice Of Homeless Encampment Cleanups
On a slightly hopeful note, though, Veretta Everheart did actually tell me explicitly that they weren’t going to give me advance schedules.12 The reason she gave is that they “are living documents” which are “not retained.”13 Although she doesn’t say so explicitly, this is evidently a nod in the direction of an exemption enumerated in CPRA at Section 6254(a), which states that it’s not required to release
Preliminary drafts, notes, or interagency or intra-agency memoranda that are not retained by the public agency in the ordinary course of business, if the public interest in withholding those records clearly outweighs the public interest in disclosure.
Now, if this is actually what she’s claiming,14 it’s probably not going to fly. First of all, even if these calendars are in fact drafts, there’s a solid argument that the public interest in disclosure outweighs the public interest in withholding. In fact, there’s no discernable public interest in withholding these.15 Not only that, but all of these calendars, drafts and preliminary versions included, are, in fact, retained, making the applicability of this exemption even more implausible.
Continue reading Update On Attempts To Use CPRA To Get LA Sanitation To Provide Advance Notice Of Homeless Encampment Cleanups
Administrative Law Judge Samuel Reyes Finds That Jim Parker Violated LAMC 49.5.5(A) As Alleged By City Ethics Commission, Which Is A Good Sign For Our Ongoing Project
You can find a good summary of the background to this post by Jasmyne Cannick on her most excellent blog or by Kate Mather writing in the L.A. Times.
Maybe you remember that former LAPD Sergeant Jim Parker was charged by the City Ethics Commission with violating LAMC 49.5.5(A) based on his release of an audio tape proving that charges of racial profiling by actress Daniele Watts were fabricated. Well, today administrative law judge Samuel Reyes issued a proposed decision in the matter, where “proposed” seems to mean that the Ethics Commission has the power to reject it if they want to. He found Parker not guilty of some of the charges, but, importantly for our purposes, guilty of violating LAMC 49.5.5(A):
Respondent16 was in possession of the audiotape by virtue of his position as an LAPD sergeant. Since he released the recording to TMZ in violation of LAMC section 49.5.3, the disclosure constitutes “misuse” under LAMC section 49.5.5, subdivision (A). Respondent released the audiotape to defend himself and LAPD against allegations of racial profiling. The release created a private advantage for Respondent, as it protected his reputation against allegations of racism.
And maybe you recall our LAMC 49.5.5(A) project, in which we are filing complaints against various City employees for what seem to us to be violations of this law, in an effort to, not only get them to stop their bad behavior, but to find ways for citizens to force City employees to do their duty by utilizing already-existing City agencies, laws, and processes rather than having to hire lawyers for everything. This is a good sign for our success, and there’s more detail on this after the break.
Continue reading Administrative Law Judge Samuel Reyes Finds That Jim Parker Violated LAMC 49.5.5(A) As Alleged By City Ethics Commission, Which Is A Good Sign For Our Ongoing Project
How The Racist Cancer Of The HPOA Signal Box Art Contest Rules Spread To The Ritzy Little Apartheid Stronghold of Larchmont Village, Forcing Me To Hire A Lawyer To Pry The Evidence Out Of Their Secretive Grasping Scofflaw Zillionaire Fingers
Well, naturally, I was going to investigate this phenomenon, the point being to find ground zero of this pernicious nonsense,21 so on August 6, 2016, I fired off a CPRA request to Heather Duffy Boylston, whose email address is linked to in the BID’s contact form. Wait a while. Crickets. I spent the next couple months firing off more emails to various co-BIDspirators,22 making phone calls, leaving voicemails and messages, offering to stop by offices, whatevers, and still…just silence. I asked Miranda Paster to intervene. I asked Holly Wolcott to intervene. Nothing. So finally, even though I hate to spend the money, but who can sit around doing nothing23 while zillionaires flaunt their characteristic indifference to truth, justice, and the rule of law, I hired a lawyer to fire off a demand letter. That woke them up, and they sent me a whole bunch of nonsensical irritating junk about their signal box art contest. You can browse through it in the usual places:
And turn the page for the highlights of the contest itself. As always, it’s chock-full of unselfconscious zillionaire weirdness and such-like goodies.
Continue reading How The Racist Cancer Of The HPOA Signal Box Art Contest Rules Spread To The Ritzy Little Apartheid Stronghold of Larchmont Village, Forcing Me To Hire A Lawyer To Pry The Evidence Out Of Their Secretive Grasping Scofflaw Zillionaire Fingers