Tag Archives: CPRA 6253.9

Business Improvement Districts, Public Records Act Pragmatics

Los Angeles Business Improvement Districts Held A Seminar In July 2018 To Talk About How To Deal With My Requests For Public Records — The World’s Angriest CPRA Lawyer Carol Humiston Was The Main Speaker — Gave A Bunch Of Bogus Feel-Good Advice That Evidently Didn’t Include Just Complying With The Law Since None Of Her Clients Will Do That — BIDs Reveal That They Want The Law Changed In Their Favor — May Hire A Lobbyist To Facilitate This — Miguel Santiago Is Helping Them Out Yet Again

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Around the turn of the century, thanks to brave and successful litigation by property owner Aaron Epstein against the demonic forces of Ms. Kerry Morrison and her Hollywood Entertainment District BID, it is the supreme law of California that business improvement districts are subject to the California Public Records Act. It is this fact that, of course, has made possible the very existence of this blog.

Without actual copies of actual records, what credibility would we have? We would we be but yet another gang of basement-dwelling neckbeards ranting about injustice on the internet?1 And the fact that their BIDs are subject to the CPRA drives the BIDdies absolutely wild with rage.

They just cannot understand how it is that every law on the books has been carefully crafted to allow zillionaires and their minions to curbstomp anyone who interferes with their interests, and yet this law seems to work against zillionairity by e.g. exposing them to public mockery and contempt.2 They just cannot believe that the law says what it says. What, they seem to be muttering, have we been paying all those damn legislators for?

And so they have consistently ganged up to fight any improvement3 to the CPRA and to develop and utilize methods for evading their CPRA-imposed duties. We saw this recently when they hired a lobbyist to thwart, gut, and render meaningless AB-1479, Rob Bonta’s modest 2017 proposal to strengthen the CPRA by making it possible to actually sanction violations, a sinister project in which they were aided by the sleazy backroom machinations of would-be Huizar successor Miguel Santiago.

And newly obtained evidence shows that in July 2018 the BIDdies continued these CPRA-thwarting efforts by holding a seminar on my CPRA requests, convened by Rena Leddy, executive director of the Fashion District BID, currently being sued for egregious CPRA violations, keynoted by Carol Humiston, the world’s angriest CPRA lawyer, and attended by circa 35 BIDdie representatives, many of whom are also being sued for egregious CPRA violations, all there to discuss me and this blog and how not to follow the law!

In particular, the records, obtained, ironically, via the CPRA, include a powerpoint presentation given by Humiston and a set of notes taken by one of the attendees.4 The powerpoint thing is tedious nonsense, although it gains some interest from the fact that the South Park BID wouldn’t give me a copy, claiming attorney/client privilege, a stance that’s hard to maintain in the face of the fact that Humiston presented it to 35 people, many of them not her clients. Fortunately not every BID is so moronically mulish.

However, the set of notes is pure gold! It outlines Humiston’s strategies for delaying or obstructing access to records, including suggested bogus fees to impose, when to delete emails to thwart requesters, and so on. Most crucially, though, it reveals that the BIDs have at least discussed changing state law to relieve them from their CPRA duties and hiring a lobbyist to help them do so.

They have also, it states, talked to a legislator, who is obviously that nefarious little twerp Miguel Santiago, who has amplified their wickedness before. This is an essential glimpse into the red, bloody, seething ids of the zillionaire minions who run this City’s BIDs. Turn the page for excerpts, commentary, and finally a transcription of the entire document.
Continue reading Los Angeles Business Improvement Districts Held A Seminar In July 2018 To Talk About How To Deal With My Requests For Public Records — The World’s Angriest CPRA Lawyer Carol Humiston Was The Main Speaker — Gave A Bunch Of Bogus Feel-Good Advice That Evidently Didn’t Include Just Complying With The Law Since None Of Her Clients Will Do That — BIDs Reveal That They Want The Law Changed In Their Favor — May Hire A Lobbyist To Facilitate This — Miguel Santiago Is Helping Them Out Yet Again →

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LAUSD, Public Records Act Pragmatics

Annals Of Public Records Act Bullying Tactics — Brooke Rios Of New Los Angeles Charter Schools Tries An Old Dodge — Sadly Commonplace Among CPRA Obstructionists — “Your Records Are Ready And You Can See Them As Soon As You Give Us $90” — But Then Backs Off In Less Than Two Hours After Being Told That The Law Requires Inspection For Free — Sadly, The Only Unusual Thing About This Episode Is The Short Time Frame

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What with the recent unrest in the teacher/labor community which, as you know, led to a historic victory which, for the first time ever, led to the school board recommending a cap on charter schools in Los Angeles, well, and what with Xavier Becerra, the attorney general of California, just recently issuing a historic opinion stating definitively that charter schools are subject to both the Brown Act and the Public Records Act, yes, what with all that, I thought it might be interesting to hit up a few of these zillionaire-beloved trojan horses with some requests for information.5

And one of the ones I hit up in the first round was the New Los Angeles Charter Schools. You can read my request here, sent to NLA boss Brooke Rios, seeking information contained in emails about discussions their administration had about the UTLA strike.6 And roughly within the statutory time-frame, I received a response letter from Rios quoting a bunch of aggro copypasta lawyerese, citing the attorney/client privilege exemption, and informing me that they had 363 pages of responsive material and that I had to pony up $90.75 if I wanted to see the goods.7

Now, that’s $0.25 per page that she was proposing to charge me for copies. The CPRA at §6253(b) allows agencies to charge “fees covering direct costs of duplication,” which it’s doubtful that $0.25 is given that most copy machines cost about $0.02 per page and even FedEx Office only charges $0.13 per page, and they’re making a profit from that. I’m told by those who have reason to know, though, that this is essentially an unwinnable argument in court,8 given that, e.g., the Los Angeles County Superior Court charges about $1 per page for freaking PDFs, and those are the same judges one would be asking to declare $0.25 excessive.

Another problem with Rios’s problematic proposal is that emails are electronic documents. The CPRA at §6253.9(a) requires agencies to provide copies of electronic documents in electronic formats, whereas Rios has obviously printed these emails out on paper and wants to require me to accept and pay for paper copies. Of course, the “direct cost” of making copies of electronic files is $0.00, so her insistence on charging $0.25 for paper copies is a violation of that section as well.

But the real kicker is that the CPRA does not allow agencies to charge for access to records. They’re only allowed to charge for copies of records. This is codified in the CPRA at §6253(a), which states in pertinent part that “[p]ublic 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.” Nothing in the law says they can charge, and so they can’t charge. By insisting that I pay $90.75 before getting access to these records Rios was poised to violate this requirement of the law.

And sadly Rios isn’t the only public official in the world to think of this bushwa means of CPRA obstructionism. It’s commonplace, and it’s essential to push back on it whenever it’s encountered. Thus did I send Rios a response outlining these facts and offering her the choice of providing me with electronic copies for free or letting me come in and scan the records myself with my scanner.9 And although many public agencies take the untenable stance that they can charge exorbitant fees for access to records, not many back down as quickly as Brooke Rios did. It took her less than two hours to concede that I had the right to see the records and make my own copies at no charge.10

It is a very sad situation indeed that public agencies are allowed to attempt to intimidate people who want to look at records, and that it’s necessary not only to understand one’s rights thoroughly but be willing to push back against unsupportable CPRA aggression in order to be able to exercise the right to access public records. It doesn’t seem like the legislature is going to fix this11 any time soon, so right now we have no choice other than to know our rights and push back, push back, push back. And turn the page for transcriptions of everything!
Continue reading Annals Of Public Records Act Bullying Tactics — Brooke Rios Of New Los Angeles Charter Schools Tries An Old Dodge — Sadly Commonplace Among CPRA Obstructionists — “Your Records Are Ready And You Can See Them As Soon As You Give Us $90” — But Then Backs Off In Less Than Two Hours After Being Told That The Law Requires Inspection For Free — Sadly, The Only Unusual Thing About This Episode Is The Short Time Frame →

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Public Records Act Pragmatics

This Is What Feral Bureaucracy Looks Like — My Epic Journey To The Dept Of Alcoholic Beverage Control To Inspect Records — How I Got Illegally Asked For ID — How I Got Menaced By Gun-Carrying Super Special Agent In Charge Gerry Sanchez — Who By The Way Is A Liar — How I Got Told To Show Some Respect — How ABC Tried To Extort Me Into Paying For Copies — How They Paid Secondary Special Sub-Agent In Charge Maggie Phillips $114.48 To Watch Me Photograph Four Dollars Worth Of Records With My Phone

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Good day, friends, and welcome to the backstory of a post I have not written yet. You see, on Thursday12 I rode various buses and trains up to 888 S. Figueroa Street to visit the office of the California Department of Alcoholic Beverage Control for the limited purpose of inspecting some records. Here before you is the story of the inspection, and although I will certainly be writing the story told by the records themselves, today is not the day for that. You can look at them here on Archive.Org, though, and they are certainly worth your time.

It all started on October 26 when I emailed PublicRecords@abc.ca.gov with my request. On November 14, an amazingly prompt 18 days later, Stephanie Eastwood (stephanie.eastwood@abc.ca.gov), who is some kind of ABC CPRA specialist, told me that there were 152 pages of responsive records and that I had to go to an ABC office to look at them. It may be worth looking at her email, if only to note that she doesn’t sign her last name, a fact which will become interesting later in the story.

I told her that LA Metro was closest and that I would need to use my scanner. I also pointed out that they could just give me exported electronic copies for free, which is required by the CPRA.13 Then she ignored me for a couple weeks14 and, when she responded, her email contained the remarkable claim that ABC’s email system was so old that it “does not use electronic files.” She also told me that according to most high and mighty special agent in charge Gerry Sanchez, there was no “secure area” at LA Metro to use my scanner but that if I went to the Long Beach office I could scan.

However, Long Beach is too far from me, both geographically and emotionally, so I told her LA Metro was best and I would just take pix with my phone. Then she said OK, I could come in on December 4.15 I told her that I couldn’t, that I had to work, and that I would be in on December 6 at 10 a.m. and could she confirm? Note that the CPRA explicitly states that records must be available during office hours for inspection.16

After more nudging, Stephanie Eastwood finally got back to me on December 4, informing me that I couldn’t come in on December 6 because ABC-agent-to-the-stars in charge Gerry Sanchez wasn’t available and I would have to come in on December 13 instead.17 I told her18 that I had to work on the 13th. I also pointed out, again, that the law required records to be available during office hours, not at the random convenience of SSAC Gerry Sanchez, superstar.19 It only took her five hours to concede to that one,20 which is how I found myself at the ABC LA Metro office at 10 a.m. on Thursday. And here my troubles began.
Continue reading This Is What Feral Bureaucracy Looks Like — My Epic Journey To The Dept Of Alcoholic Beverage Control To Inspect Records — How I Got Illegally Asked For ID — How I Got Menaced By Gun-Carrying Super Special Agent In Charge Gerry Sanchez — Who By The Way Is A Liar — How I Got Told To Show Some Respect — How ABC Tried To Extort Me Into Paying For Copies — How They Paid Secondary Special Sub-Agent In Charge Maggie Phillips $114.48 To Watch Me Photograph Four Dollars Worth Of Records With My Phone →

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Business Improvement Districts, Los Angeles City Government, Public Records Act Pragmatics

John Walker Of The Studio City BID Asked Rita Moreno Of The Clerk’s Office For Advice On A CPRA Request I Made And She Gave Him A Detailed, Thoughtful, Largely Correct Response Despite The Fact That Doing So Directly Contradicts Her Boss, The Mendacious Ms. Holly Wolcott, Who Has Asserted Time And Again That “the Clerk’s office [does not] have the authority to control/direct the records management practices of … BIDs”

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In the great and good21 City of Los Angeles, business improvement districts are overseen by the City Clerk‘s office. They have a whole subsection of their website about BIDs; how to form one, what they are, and so on. And not only that, but as part of their oversight process, each BID signs a contract with the City Clerk’s office. These are all about the same as one another, and if you want to look at one, here’s a link to the Studio City BID’s contract.22

And, like every one of these contracts between the City and its BIDs, this one contains, in Section 16.3, the following fairly unequivocal requirement: “… Corporation and the Board of Directors are also subject to and must comply with the California Public Records Act.” Finally, buried deep down in this website, they have published a stunning little item called the Service Operations Summary, which purports to explain the City’s role in relation to its BIDs.

In particular, in Section 5, this document claims that:23 “THE [CLERK’S] OFFICE PROVIDES CONTINUOUS CONTRACT COMPLIANCE ASSISTANCE. Staff monitors the use of revenue in order to ensure that assessments paid by district members are used appropriately and in accordance with contractual, budgetary, statutory and City regulations and procedures.”

Now, it’s a tragic aspect of the CPRA that the only remedy for noncompliance that the legislature has seen fit to provide is a lawsuit. However, it seems at least plausible from the foregoing that if a BID is not complying with the CPRA, it’s the duty of the office of the Clerk to ensure that they do comply with it. Acting on this theory, and hoping to avoid a bunch of damn lawsuits,24 once upon a time in 2016 I tried to get Ms. Holly Wolcott to mediate between me and uppity non-CPRA-compliant BIDs.

But she, almost certainly acting on the advice of rogue deputy city attorney Michael Joseph Dundas, denied that the City had any power whatsoever to compel BIDs to comply with the law, despite what the above-quoted Service Operations Summary claimed. Despite the fact that the City has a contract with each BID and the contract requires CPRA compliance. And she didn’t just deny it, she denied it vehemently:, stating in an email to me25 that:“…the Clerk’s office [does not] have the authority to control/direct the records management practices of the various BIDs which are entities wholly separate from the City.”

Anyway, a couple weeks ago, I sent a CPRA request to the Studio City BID, asking for a bunch of stuff. When the material showed up yesterday, I found an exchange between John Walker and Rita Moreno, a City Clerk staffer in charge of many aspects of BIDs, discussing my request. Basically he was all like do we have to do it because expensive and time-consuming. And she was all like … well, turn the page to read all the emails and see exactly what she was all like, but suffice it to say she was all like DIRECTING him to do it because of the law. That is, she was doing precisely what her boss, the famous Ms. Holly Wolcott, said that the City would never do and didn’t even have the power to do.
Continue reading John Walker Of The Studio City BID Asked Rita Moreno Of The Clerk’s Office For Advice On A CPRA Request I Made And She Gave Him A Detailed, Thoughtful, Largely Correct Response Despite The Fact That Doing So Directly Contradicts Her Boss, The Mendacious Ms. Holly Wolcott, Who Has Asserted Time And Again That “the Clerk’s office [does not] have the authority to control/direct the records management practices of … BIDs” →

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Business Improvement Districts, Municipal Ethics, Public Records Act Pragmatics

Massive Document Dump Concerning Shadowy BID Consultant Tara Devine — What Has She Been Up To Since Destroying Venice Beach And How She Is Probably In Way More Trouble Than Anyone Thought With Respect To Not Having Registered As A Lobbyist

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Yesterday I took a little trip South on Flower Street to the dark horse Death Star of downtown, the South Park BID, to look over some public records that they’ve been holding out on since January 2017 and only coughed up because my lawyer can beat up their lawyer.26 I found a hot mess of, among many, many problems, bizarrely damaged emails printed to PDF in random order with unintelligible OCR, missing attachments, purposely scrambled pages, and misnamed and poorly divided files. It’s going to take quite a while to put this nonsense into any kind of useful state,27 but I know a lot of my readers are wondering what’s up with shadowy BID consultant Tara Devine,28 so I thought I’d get the information concerning her up as fast as possible, even though it’s not yet in an ideal format.

That’s the big news, and you can turn the page if you’re in the mood for more detail and discussion. Note, though, that I’ll be posting about this material again once I get it revised into a more useful form.
Continue reading Massive Document Dump Concerning Shadowy BID Consultant Tara Devine — What Has She Been Up To Since Destroying Venice Beach And How She Is Probably In Way More Trouble Than Anyone Thought With Respect To Not Having Registered As A Lobbyist →

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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

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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:

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.29 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 →

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Business Improvement Districts, Public Records Act Pragmatics

Pacific Palisades BID Poised To Spend Almost 3% Of 2017 Assessments Fighting My CPRA Requests. Is This Really The Best Use Of Property Owner’s Money?? Also, Rick Lemmo’s Vow To Thwart Me By Proceeding “According To The Strictest Rules Of Law” May Reveal Hitherto Unsuspected Paradox In CPRA!!

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Another Rick in the wall, part 97: Rick Lemmo, who is Rick Caruso’s senior VP for some kind of nonsensical crap, explains the zillionaire’s view of law-abiding high finance.
For a brief moment this morning, I was worried that it’s a bad thing that my coverage of the Pacific Palisades BID, initiated mainly because of a confluence of my interest in CD11 and the fact that the criminal intransigence of Mike Bonin’s staff has made it essentially impossible for me to get records directly from them, is tending fairly unexpectedly towards the navel-gaze, self-reference, point-is-to-understand-the-world, nerdview rather than towards the outward-looking, the-point-is-to-change-it focus which is somewhat of an ideal around here. That anxiety took me about 35 seconds to get over, so we’re going meta again this morning sans apologia.30

In any case, whatever her manifold faults as a CPRA client may be, Laurie Sale, executive directrix of the Palisades BID, is at least a reliable source of minutes and agendas. You may recall that she was previously kind enough to send me the PPBID’s 2016 minutes and agendas, and this weekend she sent me the 2017 minutes and agendas through February. There’s some interesting stuff in there, primarily about street vending, which I will write on quite soon. The minutes also suggest that CD11 field deputy Sharon Shapiro31 is an actual member of the PPBID’s Board of Directors. I’ll be looking into this, not least because it’s reminiscent of Debbie Dyner Harris’s ill-fated attempt to nab a voting seat for CD11 on the Board of the Venice Beach Property Owners Association, which was slapped down ignominiously by City Attorney Mike Feuer as a conflict of interest.

But never mind that for now. The text for today’s sermon is this little slab of nonsense, found in the BID’s minutes for February 1, 2017:

BID received requests for public records – copies of meeting minutes, agenda, emails back and forth within the City, etc. from a gentleman who is requesting this from many BIDs. Elliot made a motion to retain attorney not to exceed $4,000. Rick seconded, all approved, motion carried. In the event that this person wants copies made, then we need to request payment. Rick motioned: “we don’t want to make it difficult for him, but to rather provide him every access to public records according to the strictest rules of law so that it doesn’t provide any financial detriment to the property owners of our business improvement district.” Susan seconded. Unanimously approved, motion carries.

Continue reading Pacific Palisades BID Poised To Spend Almost 3% Of 2017 Assessments Fighting My CPRA Requests. Is This Really The Best Use Of Property Owner’s Money?? Also, Rick Lemmo’s Vow To Thwart Me By Proceeding “According To The Strictest Rules Of Law” May Reveal Hitherto Unsuspected Paradox In CPRA!! →

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