Channing Henry | Michael Kohlhaas dot org

Back in January of this year PACER wizard Seamus Hughes, in a stunning application of the inscrutable sorcery which he alone has mastered, discovered that in February 2017 the FBI had searched one of José Huizar’s personal email accounts, josehuizar@sbcglobal.net, and seized more than 1,400 records. And I immediately thought of my dear friends at the South Park BID, where they’re building all those really really really tall buildings of the very sort that basically require a criminal conspiracy to get built at all.

And so I fired off a little CPRA request to the BIDdies asking them for, amongst other things, their communications with that email account of Huizar’s. And it turned out that none of them would admit to having any, which, of course, is not surprising given the fact that the BID’s lawyer, Carol Ann Humiston, basically advised the Boardies that there would be no consequence to them for lying. But nevertheless the request was not without results, just not direct results.

For, you see, in response to a whole different request, the BID sent over a little slap in the face, which is to say this email from BID Executive Director Ellen Salome Riotto advising the BID Boardies on responding to the earlier request. Basically she told them that because the FBI is investigating their buddy Huizar they should talk to their damn lawyers before sending over any records, which to this legal amateur looks a whole freaking heck of a damn lot like consciousness of guilt. But she can speak for herself better than I could speak for her:
Continue reading The FBI Searched José Huizar’s Personal Email Account — And I Asked The South Park BID Board Of Directors For Their Emails To/From That Very Account — And BID Directrix Ellen Salome Riotto Told The Board Members To Talk To Their Lawyers Before Handing Over Responsive Records — Because That’s Exactly How Innocent People Behave →

For a few months now I’ve been running a project aimed at getting the BIDs of Los Angeles to comply with the Brown Act. This certainly ought to be the job of the City of Los Angeles, but they have completely abdicated all responsibility, so it seems to be more or less just up to me. The system relies on §54960.2 of the Brown Act, which allows any interested party, such as me, to allege that a BID¹ violated the Brown Act and demand that they cease and desist from violating it in the future.

The BID then has the choice of issuing an unconditional commitment not to repeat the alleged violations² within 30 days of the letter or else face a lawsuit. I’ve done four of these since August, the first three resulting in complete and utter capitulation by the BIDs involved, and the fourth I just sent out yesterday morning to the South Park BID. Here’s a list of the old ones:

Pacific Palisades BID — Demand and capitulation.
Studio City BID — Demand and capitulation.
Byzantine-Latino Quarter BID — Demand and capitulation.

Now, the South Park BID has had its problems in the past complying with the Brown Act, but on the other hand, Ellen Salome Riotto has been relatively willing to learn from her mistakes. Usually I just drop her a line and she fixes the problem.³ However, I recently learned of two new violations which are far, far too serious to be left to the kind of informal mole whackery in which I’ve so far been willing to engage. These are the subject of this demand letter which I sent yesterday morning to the BID.

The letter alleges violations of three sections of the Brown Act. The first is that they required me to sign in to a meeting in April. I’ve written about this incident before and they seem to have stopped doing it, but it’s worth including here to get them to formally commit not to doing it any more. The second violation is that in November the BID Board actually voted on an item via email at the instigation of Ellen Salome Riotto. This is so freaking illegal, so freaking contrary to the very essence of the Brown Act, that I’m utterly astonished that it happened. And yet it does seem to be a genuine error rather than malfeasance.

The sad irony is that Ellen Salome Riotto explicitly arranged this illegal vote in order to avoid violating the Brown Act’s mandates about teleconferencing. And that she seemed to think that it would be OK because it was justified by the BID’s bylaws, as if state law could be nullified by some two-bit corporation unilaterally announcing that they weren’t subject to it. The whole situation would be tragic if these careless, ignorant people weren’t granted so much public trust.

And the final violation is just stunning in its scope and its audacity. The Brown Act clearly states that committees must also follow open meeting requirements.⁴ The South Park BID, however, has an executive committee which doesn’t post agendas, meets in secret, and discusses, deliberates, and takes action via email, by phone, and at their secret meetings. It’d be easier to list the parts of the Brown Act that this doesn’t violate!

Secret actions by a public agency like the BID are untenable. This is how democracy dies, so I can’t allow it to continue. And in this case Ellen Salome Riotto has ignored my questions about the violations. Hence the necessity of the demand letter. Turn the page for transcriptions, links to the evidence and code sections, and maybe even some more of my moralistic ranting!
Continue reading Latest And Most Ambitious Episode In Our Brown Act Enforcement Project Targets South Park BID For Three Violations — Requiring Sign-In To Attend Meeting — Voting By Email — And Most Egregious Of All — Maintaining A Standing Committee Which Meets Only In Secret — Never Posts Agendas — Never Announces Meetings To Public — Votes By Email Regularly — This Is About The Worst Ongoing Brown Act Violation I Have Ever Seen Among BIDs! →