Tag Archives: California Public Records Act

Announcements, Homeless Issues, Public Records Act Pragmatics

A Bunch Of Interesting New Documents: City Attorney, LA Times, And Sanitation Reports From Encampment Cleanups

October 16, 2016 Mike Leave a comment

This is just a quick announcement of some interesting new collections of records, with minimal commentary. First of all, there’s a collection of emails between City Attorney spokesman¹ Rob Wilcox and various L.A. Times Reporters. You can get the whole batch here:

Also I have a full set of reports² from the Bureau of Sanitation on the cleanups of three homeless encampments on March 22, 2016. It took almost three months for them to hand over this material, which won’t surprise anyone who’s been following my recent interactions with them. This is likewise available from:

I don’t presently have much to say about the sanitation reports. At this point I’m collecting as much material as possible in order to (a) figure out what kind of material is available so that I’ll be able to make focused, effective requests in the future, (b) learn what kinds of arguments they make against handing over records so that I can make focused, effective counterarguments against them, and (c) understand all the players in the HE³ game and the roles they’re playing. I hope to be able to synthesize all of this at some point, but meanwhile I want to make the records available because I know smarter people than I are also reading them.

But I do have this and that to say about the emails,⁴ and after the break you will find commentary and links to interesting individual instances.
Continue reading A Bunch Of Interesting New Documents: City Attorney, LA Times, And Sanitation Reports From Encampment Cleanups →

Announcements, Venice

Mike Bonin’s Gift Journals 2013-2015: All The Pretty People They’re All Drinking, Thinking That They’ve Got It Made / Exchanging All Precious Gifts, But You Better Take Your “Basket with Locally Made Pickles, Honey, Kale Chips,” You Better Pawn It Babe

October 15, 2016 Mike Leave a comment

More gifts to Mike Bonin, prominently displayed in his City Hall office on Wednesday, October 12, 2016.

Did you even know that the members of our esteemed City Council all send one another and various other people gifts in the putative holiday season? Well they do, and evidently it’s just another thing that the pretty people do when they’re all drinking, thinking that they got it made.⁵

The City Ethics Commission requires City officials to keep track of these presents, and so, in response to a CPRA request, I received these records from Chad Molnar the other day, despite his claim that fulfilling my more substantial requests would make CD11 constituents suffer. Perhaps he sent these items along because they aren’t likely to make the constituents, who thrive in darkness and secrecy and evidently include outlaw BID proponents Mark Sokol and Carl Lambert, suffer too much, because they have very little content. However, what they do have is fairly amusing. You can get them:

Another purpose of this post is to announce the reorganization of the menu structure, which was getting a little top-heavy. Also, the inauguration of our new CD11 Page, which doesn’t have much on it now, but it will soon, I hope. Turn the page for direct links to the gift journals along with a little bit of relatively restrained mockery.
Continue reading Mike Bonin’s Gift Journals 2013-2015: All The Pretty People They’re All Drinking, Thinking That They’ve Got It Made / Exchanging All Precious Gifts, But You Better Take Your “Basket with Locally Made Pickles, Honey, Kale Chips,” You Better Pawn It Babe →

Municipal Ethics, Venice Beach BID

Chad Molnar’s Explicit Refusal To Comply With The California Public Records Act Provides Raw Material For The Latest Installment In Our LAMC 49.5.5(A) Project

October 14, 2016 Mike 4 Comments

Chad Molnar is Mike Bonin's campaign treasurer and also does odd jobs of some sort around the Council District offices. — Chad Molnar is Mike Bonin’s campaign treasurer and also does odd jobs of some sort around the Council District offices.

A couple of days ago I announced MK.Org’s latest project, which aims to experimentally determine the scope of the extraordinary LAMC 49.5.5(A), which states, rather succinctly, that:

City officials, agency employees, appointees awaiting confirmation by the City Council, and candidates for elected City office shall not misuse or attempt to misuse their positions or prospective positions to create or attempt to create a private advantage or disadvantage, financial or otherwise, for any person.

Anyway, today’s episode involves the California Public Records Act and Mike Bonin’s Chief of Staff, Chad Molnar. Since August, I’ve been making CPRA requests of CD11. At first they more or less complied with the law, but after the chaos at the first Council hearing in August and the subsequent humiliation caused by the City’s having to redo the whole BID approval process, they completely stopped complying.

In fact, they not only stopped complying, but when I wrote to them asking them if they were going to comply, Chad Molnar wrote back with one of the most extraordinarily confused responses I’ve ever received to a CPRA status request. He not only agreed that they hadn’t complied, but he said explicitly that they weren’t going to comply, and that he believed that they did not have to comply because to comply would make their constituents suffer, and he didn’t think that the intent of CPRA was to make their constituents suffer. I’m not kidding, that’s what he said. Read it yourself, and turn the page for more of my amateurish legal theories, and another complaint!
Continue reading Chad Molnar’s Explicit Refusal To Comply With The California Public Records Act Provides Raw Material For The Latest Installment In Our LAMC 49.5.5(A) Project →

CD13

CD13 Staffers Marisol Rodriguez and Juan Fregoso Conspire With Bureau of Sanitation Employees Jose Garcia and Renee Shackleford to Subvert City Homeless Encampment Cleanup Policies and Procedures Just So Mitch O’Farrell, Other “VIPs,” Don’t Have To Walk By Homeless People On Their Way To Give A Speech

October 8, 2016 Mike Leave a comment

Low income housing at 215 N Vermont Avenue. Note the distinctive lack of homeless people for VIPs to step over, thanks to the foresight and strongarm tactics of CD13's Marisol Rodriguez and Juan Fregoso. — Low income housing at 215 N Vermont Avenue. Note the distinctive lack of homeless people for VIPs to step over, thanks to the foresight and strongarm tactics of CD13’s Marisol Rodriguez and Juan Fregoso.

Well, it turns out there’s this company called AMCAL Housing, and according to their about-us page they build affordable housing in exchange for tax breaks, or some such thing. They’re building a big project at Vermont and Beverly⁶ called the Meridian Apartments, and they broke ground officially on February 11, 2016, with Mitch O’Farrell scheduled to speak at the ceremony.

Thus, on February 1, 2016, Paige Horn of AMCAL Housing emailed Marisol Rodriguez, Dave Cano, Juan Fregoso, all of CD13, and some people from Korean Churches for Community Development, which is working with AMCAL on this project, telling them:

Thank you all for your participation in the Meridian Groundbreaking Event on Thursday, February 11^th at 11am! … There should be ample street parking, however, I have reserved VIP Parking for all speakers at the lower parking lot of Hubbard College of Administration that can be accessed from Juanita Avenue.

Map of the area. (a) is the parking lot, (b) is the encampment. A speculative VIP path to the event is shown in purple. Click to enlarge.

But local knowledge counts for a lot. The very next day, our very own Juan Fregoso emailed Victor Gutierrez (#26802) with a cc to Matthew Ziegler (#34208)⁷ to report:

Hi Vic,
Here is the info for the event on the 11th.

We have CSI⁸ scheduled for February 9th.

As you can see, VIPs will park on Juanita and will have to walk through the encampment.

Me and Marisol are working to see how to address this but wanted to flag the event.

Thanks again for all your help.

And amazingly enough, I have a copy of the lengthy email chain between Juan Fregoso, Marisol Rodriguez, and a bunch of people from the L.A. Sanitation department showing exactly what those two CD13 stalwarts were doing “to see how to address this.” You can probably guess what’s coming, because if VIPs (?!) have to walk near homeless people, something’s gotta give, and it ain’t gonna be the VIPs,⁹ You’d be right, and you can read the sordid details after the break!
Continue reading CD13 Staffers Marisol Rodriguez and Juan Fregoso Conspire With Bureau of Sanitation Employees Jose Garcia and Renee Shackleford to Subvert City Homeless Encampment Cleanup Policies and Procedures Just So Mitch O’Farrell, Other “VIPs,” Don’t Have To Walk By Homeless People On Their Way To Give A Speech →

Announcements, CD13, Homeless Issues, Public Records Act Pragmatics

Newly Available Emails From CD13 May Shed Some Light On City’s Procedures For Breaking Up Homeless Encampments. Also Glossary Updates And Some Fragmentary Information On The City’s Encampment Cleanup Authorization System

October 2, 2016 Mike Leave a comment

This (decontextualized) image from an email to CD13 staff suggests that despite the City's rhetoric on the matter, their policy towards people living in encampments is not all sunshine and outreach. — This (decontextualized) image from an email to CD13 staff suggests that despite the City’s rhetoric on the matter, their policy towards people living in encampments is not all sunshine and outreach.

My recent success in using CPRA to get advance notice of an encampment clean-up from the City reminded me that I had a number of emails to/from Council District 13 organizing such operations between January and April 2016 that I still hadn’t prepared for publication.¹⁰ So I spent this morning getting them into shape and putting them up on the Internet. This material sheds new light on the City’s still-mysterious encampment-breaking system. Also, some of the attachments to these emails reveal crucial information about the computer database(s) used by the City to coordinate the process. I discuss this matter, along with some other issues, after the break. Meanwhile, here are the locations of these emails:

On the Internet Archive — As usual, this has the advantage that you can get the whole batch via BitTorrent if that’s useful. By later today, also, there should be OCRed PDFs there, and text versions.
From our local server

Also, I added a few new terms to our glossary to help you read the emails, which are decidedly acronym heavy.¹¹ These are CES, CSI, HE, PATH, and M&O. You can see the new definitions after the break (as well, of course, as via the menu structure or on the page itself). After the break I also discuss some fragmentary information about the City’s so-called Encampment Cleanup Authorization System.¹² Continue reading Newly Available Emails From CD13 May Shed Some Light On City’s Procedures For Breaking Up Homeless Encampments. Also Glossary Updates And Some Fragmentary Information On The City’s Encampment Cleanup Authorization System →

Homeless Issues, Public Records Act Pragmatics

How I Got Advance Notice Of This Morning’s Clean-Up Of A Homeless Encampment At 4490 DeLongpre And What Happened There, Along With A Bunch Of Information About Encampment Clean-Ups In July, August, and September

September 29, 2016 Mike Leave a comment

Two men carrying their possessions South on Lyman Place in advance of a LASAN clean-up of their encampment on Thursday, September 29.

This summer, thinking about the important role that LACAN’s pictures and video of LA Sanitation’s aggressive clean-ups of homeless encampments downtown have played in e.g. Mitchell v. Los Angeles, it occurred to me that it ought to be possible to get advance notice of encampment cleaning actions from the City via the California Public Records Act. Well, like everything involving CPRA, it turned out to be far more complicated than one might expect in advance.

Amazingly, Sanitation did supply me with materials. It was just the part about getting them in advance of the clean ups that was difficult. On August 5 I asked for the first time. On August 17 they asked for an extension. On September 13, after a certain amount of wheedling on my part, they sent me material for July and August, and a few days later, partial material for September. Still nothing in advance, though:

The most important ones are the “HE Conf”¹³ documents. Those represent confirmed locations of clean-ups by Council District for the given month. They also reveal the suspected but, to my knowledge, unproven fact that locations where clean-up is requested by the Council District are given priority over other locations.¹⁴ I will be requesting these for the past as well as for the future. I think that mapping this data and otherwise analyzing it will provide important insights into the City’s mostly unarticulated-in-public policies towards the homeless, as well as deeper understanding. And understanding this world is fine. But the point¹⁵ is to change it.
Continue reading How I Got Advance Notice Of This Morning’s Clean-Up Of A Homeless Encampment At 4490 DeLongpre And What Happened There, Along With A Bunch Of Information About Encampment Clean-Ups In July, August, and September →

Venice Beach BID

2014 VBBID Emails Reveal, Among Other Things, That Bonin Staffer Debbie Dyner Harris Was On Venice Beach BID Steering Committee Since 2014 Despite Consistent Denials of City Involvement In Formation Process

September 22, 2016 Mike Leave a comment

Mike Bonin aide and Fairy godmother Debbie Dyner Harris posing with what will be left of her darling Venice Beach BID after the clock strikes the appointed hour.

Here are eleven pages of emails from 2014 released to me yesterday by Miranda Paster of the Los Angeles City Clerk’s office.¹⁶ These provide a unique¹⁷ window into the process by which BIDs are created in the City of Los Angeles. It’s clear from these emails that, despite the fact that everyone in the City government denies it, the BID formation process is encouraged, facilitated, and inextricably interwoven with City action at every stage. Of course, this confirms precisely what the California Court of Appeal found in its landmark decision in Epstein v. HPOA: that “by giving the BID the legal breath of life, the City breathe[s] life into the POA as well.”¹⁸

In any case, here are many, many interesting facts newly revealed by these emails:
Continue reading 2014 VBBID Emails Reveal, Among Other Things, That Bonin Staffer Debbie Dyner Harris Was On Venice Beach BID Steering Committee Since 2014 Despite Consistent Denials of City Involvement In Formation Process →

Public Records Act Pragmatics, Venice Beach BID

Miranda Paster Finally Gives Up Venice Beach BID Property Owners Mailing List! Five Months Of Nagging Pays Off!! This Has Huge Implications For Future Anti-BID Activism!!!

September 12, 2016 Mike Leave a comment

Set free by the truth to fly high on Venice Beach!!

If you’ve been following the story of the Venice Beach BID here, you’ll recall that no one involved wants to give me a copy of the mailing list used to send out the various legally required notices to the property owners. You can check the background here and another episode in the saga here. Well, amazingly, my last argument was effective, and after what I think¹⁹ was months worth of noodging, Miranda Paster finally gave in and sent me an actual mailing list with actual mailing addresses of the property owners.

This is huge, so I’m linking to it again:

THE FREAKING MAILING ADDRESSES OF ALL PROPERTY OWNERS IN THE PROPOSED VBBID!!

Anyway, I hope the list will be useful to Venice activists in their anti-BID campaign. Not that many property owners even voted, so it’s possible that sending letters encouraging anti-BID property owners to vote will be enough to sink the BID’s next iteration. If you’re interested in the technical details of the differences between this ultimately successful request and my earlier unsuccessful requests, turn the page and read on!
Continue reading Miranda Paster Finally Gives Up Venice Beach BID Property Owners Mailing List! Five Months Of Nagging Pays Off!! This Has Huge Implications For Future Anti-BID Activism!!! →

Historical and Theoretical Perspectives, Los Angeles City Government

That Time in 2005 When The City of Los Angeles Briefly Investigated BID Financial Shenanigans And Contract Violations Instead Of Pretending They’re Powerless In The Face Of Them Like They Do Now

September 1, 2016 Mike Leave a comment

Former Los Angeles City Controller Laura Chick (right).

Here’s the situation these days. BIDs have a standard contract that they sign with the City of Los Angeles. It has a lot of requirements in it, and BIDs routinely ignore all of them but a few, known as the “reporting requirements.” I’m skipping the details, but they’re mandated to report various things to the City, and if they don’t then Rick Scott or another one of Miranda Paster’s minions in the Neighborhood & Business Improvement District Division (N&BID) of the Clerk’s office will fire off a threatening email like this one telling the negligent BIDdies to cough up the report or they don’t get paid. On the other hand, there are plenty of clauses in that contract, e.g. the ones on record retention and on abiding by the Public Records Act or the Brown Act, that BIDs not only violate with impunity, but which the City Clerk’s office in the persons of Miranda Paster and Holly Wolcott actually just refuses to enforce. I’ll be writing about that more in the future. Tonight I’m just looking at how it came to pass that N&BID staff even enforce any parts of that contract.
Continue reading →

Los Angeles City Government, Public Records Act Pragmatics, Venice Beach BID

Why Is Getting A Mailing List For The Property Owners In The Venice Beach BID Out Of The City So Absolutely Maddeningly Impossible? We Do, However, Now Have A List Of Property Owners Without Contact Information A Fraud Perpetrated On The Public By The City Clerk

September 1, 2016 Mike Leave a comment

Somehow this is all Holly Wolcott's fault. — Somehow this is all Holly Wolcott’s fault.

The list itself is here. The story of the list follows.

Edited to add: The list that Miranda Paster sent me isn’t even the list I asked for, as discussed in the story below. It’s an edited version of the publicly available ballot tabulation sheet. It is unbelievable that these people are so unwilling to release what are obviously public records and that their unwillingness is so clearly in the service of their political agenda. On the other hand, the fact that they so vigorously defend their secrecy makes it seem even more likely that they’re concealing serious and exploitable weaknesses.

Three weeks ago I wrote about how neither the City Clerk nor CD11 was willing to hand over a list of the property owners in the proposed Venice Beach BID with contract information. CD11 told me to ask the Clerk and the Clerk told me to ask Tara Devine and Tara Devine ignored me (and continues to ignore me). The Clerk’s rationale was that they didn’t have anything to do with mailing out the petitions, so that the Public Records Act didn’t apply to the mailing list.

Now, if you’re not familiar with the act, you may not be aware that (at section 6252(e)) public records are defined fairly expansively to be any “writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency.” So I made the argument to the Clerk’s office that since they were orchestrating the process, the mailing list was being used by them even if they didn’t own it or retain it themselves. No dice on that, though.

So imagine my pleasure and surprise to discover on August 14 that, upon perusing Government Code section 53753 for the zillionth time (this is the same law used to such marvelous effect ten days later by the incomparable Shayla Myers of LAFLA to derail the whole BID process) that the freaking City Clerk’s office is required to notice the property owners by mail:
Continue reading Why Is Getting A Mailing List For The Property Owners In The Venice Beach BID Out Of The City So Absolutely Maddeningly Impossible? We Do, However, Now Have ~~A List Of Property Owners Without Contact Information~~ A Fraud Perpetrated On The Public By The City Clerk →