Tag Archives: California Public Records Act

BID Consortium Minutes 2007-2015 Available, Demonstrating Among Other Things that the City Clerk’s Office Has Utterly Abdicated its Duty to Monitor and Regulate BIDs

city_clerk_logoFor whatever reason I haven’t yet requested many documents about BIDs from the City Clerk, but I’m making up for it now. I’ve started a page here to collect the material. This morning I have minutes from L.A. BID Consortium meetings from 2007 through 2015:

And this material is also available on the Archive.
Continue reading BID Consortium Minutes 2007-2015 Available, Demonstrating Among Other Things that the City Clerk’s Office Has Utterly Abdicated its Duty to Monitor and Regulate BIDs

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Stop LAPD Spying CPRA Case Trial Setting Conference Continued Until April 7, 2016

slsc.logoPlaintiff Stop LAPD Spying Coalition and respondent City of Los Angeles agreed in a stipulation filed with LA County Superior Court on March 3, 2016, to continue the trial setting conference, originally scheduled for March 7, 2016, until April 7, 2016. The reasons given in the order (with attendant whereases) include:

WHEREAS, after filing of the complaint, the Respondent has produced two sets of responsive documents to Petitioners and continues to search for responsive documents;

WHEREAS, the parties are engaged in ongoing informal discussions about further production…

It’s my impression that if filing a suit encourages the respondent to cough up the goodies then they’re still on the hook for the court costs and attorney’s fees. So it’s fitting and proper that the City is producing documents and talking to the plaintiffs, but they would have saved everyone a lot of time and trouble but just following the law in the first place.

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February 5, 2003: The Very First Known Public Records Act Ever Received by the HPOA and Kerry Morrison was Already Offended

Kerry Morrison on February 18, 2016, the 13th anniversary of her receipt of an offensive letter from a lawyer regarding the very first known CPRA request to the HPOA.
Kerry Morrison on February 18, 2016, the 13th anniversary of her receipt of an “offensive” letter from a lawyer regarding the very first known CPRA request to the HPOA.
Electronic versions of the HPOA Board of Directors minutes from 1996 through 2006 haven’t been retained by the HPOA, so while waiting on physical copies1 to publish here, I’m taking advantage of good old section 6253(a) of CPRA,2 which tells us that:

Public records are open to inspection at all times during the office hours of the state or local agency and every person has a right to inspect any public record, except as hereafter provided.

Consequently, last Thursday I went over to HPOA secret headquarters on Hollywood Boulevard to read through this material, something I plan to make a regular habit of doing.
Justice Walter Croskey wrote the landmark 2001 opinion in Epstein v. Hollywood Entertainment District BID.
Justice Walter Croskey wrote the landmark 2001 opinion in Epstein v. Hollywood Entertainment District BID.
And there is much fascinating material there, not least of which is the complete unfolding in real time of Aaron Epstein’s epic lawsuit against the HPOA. This ended, of course, in a landmark 2001 decision by the Second District of the California Court of Appeal making BIDs subject to both the Brown Act and CPRA. That story is woven through years and years worth of minutes, so it must wait for the copies to arrive. However, I was able to photograph3 a description of the very first CPRA request known to have been received by the HPOA (on February 5, 2003).

Read on for what it said:
Continue reading February 5, 2003: The Very First Known Public Records Act Ever Received by the HPOA and Kerry Morrison was Already Offended

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Late Night Declaration Filed by Ronald Whitaker Opposing Plaintiffs’ Application for Contempt and Sanctions in LACAN/LACW v. City, CCEA

California-centralEarlier today the plaintiffs’ attorneys in the homeless property case, Shayla Myers and Catherine Sweetser, filed a massive application for contempt and sanctions against defendant City of Los Angeles due to their (alleged but totally plausible) recalcitrance in complying with the discovery process. Just now Deputy City Attorney Ronald Whitaker filed a declaration in opposition to this application. There’s nothing that new here, although it’s interesting to see that the City is sticking to its largely discredited claim that

in order to search emails, they need the email addresses of each individual LAPD officer. With the help of our investigator, we have tried to identify each of the individual police officers, of which there are over 400, assigned to the Central Division within the relevant timeframe. The LAPD’s IT department requires us to manually match up each officer name with their serial number, as that is how officers are identified in their email addresses. That process is and has been ongoing.

Continue reading Late Night Declaration Filed by Ronald Whitaker Opposing Plaintiffs’ Application for Contempt and Sanctions in LACAN/LACW v. City, CCEA

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Using Your Own Scanner During “Inspection” of Public Records is Allowed by City of Los Angeles, Other Details About LAPD Public Records

The Triforium seen from Fletcher Bowron Square looking southwest from the door of the LAPD Discovery Office this morning.
The Triforium seen from Fletcher Bowron Square looking southwest from the door of the LAPD Discovery Office this morning.
This morning I went to the LAPD Discovery Section at 201 N. Los Angeles Street to inspect the latest batch of emails produced in response to a public records act request I made in January 2015. None of the emails themselves were especially interesting,4 but the procedure itself was interesting. A couple of weeks ago, the incomparably helpful CD13 staffie Dan Halden, after checking with the City Attorney, told me that it was indeed allowed to bring one’s own scanner to a document inspection session. This works out to about 1,000 pages (at 10¢ per page) for a cheap portable scanner, although one with a decent page rate (16 ppm) runs about $200. It seemed worth it, so I brought mine to the LAPD and everything went swimmingly! This is crucial because the City insists5 on printing out emails for inspection and it’s easy to get 2,000 or more pages from a simple request, most of which is junk but it’s hard to tell in advance. Also, I mentioned to Debra Green, who’s handling one of my requests to the LAPD, that no one had answered my other pending ones. She invited me to forward them to her and she’d check into them for me. I did so, and so did she. According to Ms. Green, one of them at least had been assigned to an analyst and was being handled, even though I’d received no response. This may lend some plausibility to the City’s claim in their response to the Stop LAPD Spying Coalition’s Public Records Act lawsuit that, even though they didn’t respond to the requests in question, they nevertheless did look for the records.6 In any case, I’ll update the Practical Guide to CPRA Requests in LA to reflect the possibility of using a scanner. Happy trails, compadres!
Continue reading Using Your Own Scanner During “Inspection” of Public Records is Allowed by City of Los Angeles, Other Details About LAPD Public Records

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City of Los Angeles Files Answer to Stop LAPD Spying Coalition Public Records Act Petition: Admits Guilt, Expects Reward

Los Angeles Deputy City Attorney Julie Raffish.
Why is the City of LA fighting this lawsuit? What a freaking waste of time and money. On January 26, 2016, the City of Los Angeles filed its answer to the petition filed by Colleen Flynn and Carol Sobel on behalf of the Stop LAPD Spying Coalition and the National Lawyers Guild Los Angeles seeking a writ of mandate ordering the LAPD to stop messing about and turn over the goddamned goodies. (You can find a collection of filings from this suit here). Paragraphs 1 through 9 of the initial complaint are background, and Julie Raffish, who wrote the answer, gets to indulge her evident taste for dark sarcasm in her responses, e.g. at paragraph 4 denying that the NLG is a non-profit legal association.

She also displays a wry, deadpan humor. For instance, in paragraph 3 the plaintiffs assert that the Coalition to Stop LAPD Spying “empowers its members to work collectively against police repression and to dismantle domestic spying operations” and that therefore the Coalition has an interest in the LAPD’s adhering to the Public Records Act. Julie Raffish has the City admitting that the Coalition is interested, but claiming that, as to the rest of the allegations they “lack sufficient information and knowledge to form a belief as to the truth…” of, I guess, whether there are “police repression” and “domestic spying operations” to be dismantled and worked collectively against. Dry as a bone, is Julie Raffish, and isn’t lawyerly humor fun! But the public records stuff is where it gets really interesting:
Continue reading City of Los Angeles Files Answer to Stop LAPD Spying Coalition Public Records Act Petition: Admits Guilt, Expects Reward

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Stop LAPD Spying Public Records Lawsuit Switched to Judge James C. Chalfant, Hearing Continued to March 8, 2016

The Rampart LAPD Station.  Why?  Don't know.
The Rampart LAPD Station. Why? Don’t know.
The City of Los Angeles, which is being sued by the National Lawyers Guild Los Angeles and the Stop LAPD Spying Coalition because of its flouting of the California Public Records Act, filed a motion a couple weeks ago asking that the judge be changed. Last Thursday this motion, which was peremptory, was granted, and here is the order. It’s now in Judge James C. Chalfant’s courtroom, Stanley Mosk Courthouse, Department 85, and the initial hearing has been set for Tuesday, March 8, at 1:30 PM.
Continue reading Stop LAPD Spying Public Records Lawsuit Switched to Judge James C. Chalfant, Hearing Continued to March 8, 2016

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City of Los Angeles Files Boilerplate Motion in Stop LAPD Spying CPRA Case Stating that Judge Joanne O’Donnell is too Prejudiced to Officiate

Los Angeles County Superior Court Judge Joanne O'Donnell.
Los Angeles County Superior Court Judge Joanne O’Donnell.
There’s a (relatively) new development in the Stop LAPD Spying v. City of L.A. Public Records Act case. Unfortunately the L.A. County Superior Court doesn’t seem to have an automated filing notification system like the Federal District Courts do, which is why I missed (until now) this interesting motion that the City of L.A. filed on January 12, 2016. It is a Motion for an Order Establishing Peremptory Challenge to Judicial Officer as well as a Declaration of Julie Raffish. Julie Raffish is the Deputy City Attorney that’s defending the case for L.A. In this declaration she claims that:

Joanne O’Donnell, the judge before whom the trial or hearing in this action is pending or to whom it has been assigned, is prejudiced against the Respondent
[City of Los Angeles] or its attorney or the interest of the Respondent or its attorney, so that the declarant [Julie Raffish] believes that she cannot have a fair and impartial trial or hearing before the judge.

Now, this is obviously a boilerplate motion, and, at least as of today, the first three hits on a Google search on los angeles superior court peremptory challenge to judicial officer are forms for this, using the identical language to the motion filed by Julie Raffish. But there’s more!
Continue reading City of Los Angeles Files Boilerplate Motion in Stop LAPD Spying CPRA Case Stating that Judge Joanne O’Donnell is too Prejudiced to Officiate

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Stop LAPD Spying Coalition and National Lawyers Guild LA File Suit Against City of LA Over Egregious LAPD CPRA Violations–Court Papers Available Here

The logo of the Stop LAPD Spying Coalition
The logo of the Stop LAPD Spying Coalition
On December 22, 2015, the Stop LAPD Spying Coalition and the hyperactive-in-a-good-way National Lawyers Guild LA filed suit in LA Superior Court against the City of Los Angeles because of egregious violations of the California Public Records Act. According to Pete White of the LA Community Action Network, the LAPD needs to “…know they need to—at a minimum—follow the laws…they tell us we need to follow.” I got copies of everything that’s been filed to date and put it all in a directory here. There’s not so much, but the initial complaint is a monster, weighing in at 180 pages. Most of that is exhibits, including a lengthy U.S. Senate report on Homeland Security funding of and involvement in domestic police spying operations and a copy of a “Special Order” authorizing an ongoing LAPD spying program and a bunch of other documents. The LAPD stuff starts on page 125 of the PDF. I’ll separate and post the various documents individually when I have time. Anyway, the petition has an excellent introduction outlining the public’s interest in the records that the group is seeking and a very tidy summary of what I know from personal experience is the maddening stubborn inactivity of the LAPD in the face of the transcendently clear mandate of the CPRA to respond to requests within 10 days. My only quibble is that I wish they’d also mentioned the LAPD’s absolute and illegal refusal to provide copies of records that they hold in electronic formats, e.g. email, in those electronic formats rather than printing them out on paper and redacting them with a marker. But they know the law and its ways better than I, so I’ll hush up about it.
Continue reading Stop LAPD Spying Coalition and National Lawyers Guild LA File Suit Against City of LA Over Egregious LAPD CPRA Violations–Court Papers Available Here

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Update on Selma Park Situation: Kerry Morrison Makes Crucial Admission Against Interest, Andrews International Misleads Regarding Past Actions, Records Requests from LAUSD and Neighborhood Council Still Pending

Selma Park in April, 2007, after it became a target of the BID but before they opened fire.  We have no hard evidence yet, but we'd say that this photo of a man dancing happily in the park was intended to depict the kind of thing that must be STOPPED!
BID Patrol surveillance photo of Selma Park in April, 2007, after it became a target of the BID but before they opened fire. We have no hard evidence yet, but we’d say that this photo of a man dancing happily in the park was intended to depict the kind of thing that must be STOPPED!
Long-time readers of this blog will recall that in late 2007 the HPOA put signs up in Selma Park in Hollywood which stated ominiously:

Children’s Play Area Only
Adults Not Accompanying Children Prohibited
Sec 653b, subdivision a, CA Penal Code

We discovered in September 2015 that these signs were placed illegally, informed the LA Recreation and Parks Commission, and they were removed within 14 days of our communication with RAP. Read here for more background.
Close-up of former sign in Selma Park falsely claiming it to be a "Children's Play Area Only."
Close-up of former sign in Selma Park falsely claiming it to be a “Children’s Play Area Only.”
Our correspondent, Mike has made and continues to make innumerable requests for public records in order to help us sort out exactly what happened in that park. Today we’re going to update you on some requests that did not result in the production of records, but whose outcomes yielded interesting information nevertheless.

First, on November 16, 2015, Kerry told our correspondent that “A/I says that after looking into this, it is unlikely that any arrests ever were made by A/I in Selma Park with specific regard to the signs and penal code section you recite (as opposed to public urination, drinking, and other reasons)…” While we have no doubts at all that that’s what A/I (Andrews International) told Kerry Morrison, who on all evidence is a scrupulously honest person, their statement is flat-out not true, which to us indicates consciousness of guilt on their part. The details follow after the break.

Furthermore, in that same response, Kerry Morrison admitted that she has no records proving that the elements of the statute cited were ever met for anyone arrested for being in that park without children. If this is accurate, and we have no reason to doubt that it is, then even if the BID had had some authority for placing the signs, which they did not, any arrests made by the BID in the park for violating PC 653b(a) were false arrests. The explanation of this is a little wonkish, and can be found after the break.
Continue reading Update on Selma Park Situation: Kerry Morrison Makes Crucial Admission Against Interest, Andrews International Misleads Regarding Past Actions, Records Requests from LAUSD and Neighborhood Council Still Pending

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