The FBI is investigating tattooed gangs of LA County Sheriff’s deputies and a suit filed by a former deputy includes allegations of gangs with matching tattoos controlling the Compton Station. Thus the idea that LASD gang tattoos may be subject to the California Public Records Act is in the air! So I thought that I would give you my amateurish and decidedly nonlawyerly take on it. The starting point for any such inquiry is the CPRA at §6253(a), where we read 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. Any reasonably segregable portion of a record shall be available for inspection by any person requesting the record after deletion of the portions that are exempted by law.
This is very clear. If they’re public records they must be open to inspection unless they’re exempt.1 If Sheriff gang tattoos are public records, then we can look at them! So are they?
Continue reading Are Los Angeles County Sheriff Deputy Gang Tattoos Public Records? — And Therefore Subject To The Public Records Act? — I Don’t See Why Not! — Although I’m Not A Lawyer And Could Easily Be Wrong — But I Could Easily Be Right!
Tag Archives: CPRA 6253(a)
Annals Of Police Misconduct And The Public Records Request – The Painfully Detailed Story Of SB1421 And The Los Angeles World Airport Police Department – Almost A Year Of Block-Headed Pointless Resource-Wasting Obstructionism – Delay – Lies – And So On – Even More Evidence That This City Badly Needs A Working CPRA Policy – Also Included – Instructions On How You Can Receive – By Mail Even – As Many Free USB Drives As You Want From The City Of Los Angeles
And even as judges across the state ruled against various attempts to block the law, police departments have developed a vast range of techniques to frustrate requesters by imposing countless obstacles, time-sinks, outrageous charges, and the like. There’s been a lot of discussion of this in the press, of course, the press being immediately affected by such tactics. And open discussion of these tactics is essential for any number of reasons. Just for instance it allows requesters to be able to respond effectively and legislators to be able to identify fixes. And, maybe, just maybe it might shame some of these obstructionist police departments to stop fooling around and follow the damn law.
And that is why today I have for you a detailed account of the ludicrously extreme SB1421 compliance obstruction tactics practiced by the Los Angeles World Airports Police Department, told through our email correspondence over the last year! On January 21, 2019 I sent a request to the Airport Police Department (APD, as they call it over there) for all records newly made available through SB1421.2 After about six weeks of delay and nonresponse, I finally got an email from Deputy City Attorney Karen Majovski in which she belatedly acknowledged receipt of my request and also insisted on discussing it with me over the phone under the guise of seeking clarification.
Continue reading Annals Of Police Misconduct And The Public Records Request – The Painfully Detailed Story Of SB1421 And The Los Angeles World Airport Police Department – Almost A Year Of Block-Headed Pointless Resource-Wasting Obstructionism – Delay – Lies – And So On – Even More Evidence That This City Badly Needs A Working CPRA Policy – Also Included – Instructions On How You Can Receive – By Mail Even – As Many Free USB Drives As You Want From The City Of Los Angeles
Tom Waldman – Communications Director For CD2 Repster Paul Krekorian – Our Second Fashiest Councilmember – Has Raised Obstruction Of The California Public Records Act To A New Level – A Level Of Unrelenting – Mindless – Primordial – Paradigm Shifting – Neuron Rewiring – Self-Justifying – Psychopathy – Which Is A Stunning Accomplishment Given The Baseline Level Of Psychopathic Obstructionism That Pervades Every Possible Interaction Between The City Of Los Angeles And The Public Records Act – Here Is Tom Waldman’s Story!
The California Public Records Act gives every person access to official writings because, as the law itself tells us,3 “the Legislature … finds and declares that access to information concerning the conduct of the people’s business is a fundamental and necessary right of every person in this state.” And this isn’t just some random preamble to some random law. It is among the fundamental human rights enumerated in the California Constitution itself,4 which states that:
“The people have the right of access to information concerning the conduct of the people’s business, and, therefore, the meetings of public bodies and the writings of public officials and agencies shall be open to public scrutiny.”
Among the other fundamental rights enumerated in this same article are freedom of the press, of speech, of religion, the right to civilian control of the military, the prohibition of slavery, equal protection, habeas corpus, and so on.5 This right of access to public records, measured both intrinsically and by comparison with the company it keeps, is hugely important. Fundamental.
But nevertheless, the City of Los Angeles6 habitually, consistently ignores its duties under the CPRA, flouts this fundamental right in a way that they’d never think of doing with, e.g., the right to be free of slavery. And they don’t just ignore their duties, don’t just flout the law. They flout it in the stupidest, most arrogant, most flamboyant ways possible.
Continue reading Tom Waldman – Communications Director For CD2 Repster Paul Krekorian – Our Second Fashiest Councilmember – Has Raised Obstruction Of The California Public Records Act To A New Level – A Level Of Unrelenting – Mindless – Primordial – Paradigm Shifting – Neuron Rewiring – Self-Justifying – Psychopathy – Which Is A Stunning Accomplishment Given The Baseline Level Of Psychopathic Obstructionism That Pervades Every Possible Interaction Between The City Of Los Angeles And The Public Records Act – Here Is Tom Waldman’s Story!
Yesterday — March 6, 2019 — The Assembly Committee On The Judiciary Introduced AB-1819 — Would Require Agencies Subject To The California Public Records Act To Allow Requesters To Copy Records With Their Own Equipment At No Charge — Mostly Agencies Already Allow This But Some Incredibly Obstinate Obstructionists Do Not — Looking At You, Alcoholic Beverage Control — Hence This Law Is — Sadly — Incredibly Necessary
The California Public Records Act presently requires agencies to allow anyone to “inspect” records at no charge.7 This is an incredibly important right, tempered only slightly by the fact that the law also allows agencies to charge people for copies of the records.8 The ability to charge is used by too many agencies as a way to discourage free inspection, and one way that they do this is to forbid people from making their own copies with their own equipment.
This has been an issue in California for decades,9 but it’s become much more prominent with the widespread use of phones and extremely portable document scanners. These days pretty much every member of the public already owns photographic equipment capable of making sufficiently high quality reproductions of paper records. So not only is it extremely disconcerting when an agency forbids photography of records, but the refusal affects many more people than it might have in the past.
Just for instance, probably in response to the paranoid psychosis of Special Agent in Charge Gerry Sanchez, the California Department of Alcoholic Beverage Control has recently begun to forbid me from photographing records, justifying their obvious obstruction with various nonsensically unsupportable claims about security and cell phones. So what a pleasant surprise to learn yesterday of the introduction in the Assembly of AB-1819, which would amend the CPRA to state explicitly that agencies must allow people to make their own copies at no charge.
The bill was introduced by the entire Assembly Committee on the Judiciary, so I imagine that that means it has pretty widespread support. Even the three Republican members of the Committee are listed among the sponsors. And it’s hard to imagine what legitimate reasons there might be for opposing this. But it never hurts to speak up, so consider getting in touch with your representatives and supporting this essential bill. And turn the page for a red-line version showing the proposed changes.
Continue reading Yesterday — March 6, 2019 — The Assembly Committee On The Judiciary Introduced AB-1819 — Would Require Agencies Subject To The California Public Records Act To Allow Requesters To Copy Records With Their Own Equipment At No Charge — Mostly Agencies Already Allow This But Some Incredibly Obstinate Obstructionists Do Not — Looking At You, Alcoholic Beverage Control — Hence This Law Is — Sadly — Incredibly Necessary
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
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.10
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.11 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.12
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,13 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.14 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.15
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 this16 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
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
Good day, friends, and welcome to the backstory of a post I have not written yet. You see, on Thursday17 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.18 Then she ignored me for a couple weeks19 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 4.20 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.21
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.22 I told her23 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.24 It only took her five hours to concede to that one,25 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
Gil Cedillo has a Private Email Account Through Which He Conducts City Business — And Our Friends At The Hollywood Sunshine Coalition Have Made A Request For The Emails! — Evidently CD1 Staff Believes There Is A CPRA Exemption Which Allows Them To Redact This Secret Email Address! — Pro-Tip — There Is Not
Man, it is top-secret Councilmember email address season in the City of Angels! We are in the midst of a veritable top-secret-email-address-a-palooza round here! First there were a bunch of politicians from somewhere east of San Bernardino, don’t exactly recall their names.26 And then there was Mitch O’Freaking Farrell, revealed by this very blog in a hard-hitting piece of hard-newsical investigative reportitude to be corresponding with all and sundry members of the 0.1% out of the public view using a Gmail account at mitchof13@gmail.com.27
And now, this very day, it’s my pleasure to reveal unto you that Gil Cedillo of CD1 is the second Councilmember that we know of using a secret Gmail address to conduct City business. This was discovered by accident, lurking in this email chain between famous Los Angeles artist Frank Romero, who CD1 has evidently hired to paint a mural in Highland Park, probably as an attempt to resolve their unbearable shame and guilt.28
The content of the emails is interesting. It seems that as part of the mural project Frank Romero rented a studio from Lincoln Heights supervillain Eric Ortiz, big-time Lincoln Heights storage honcho and, probably not coincidentally, vice president of the Lincoln Heights Industrial Zone BID. Then Eric Ortiz cheated Frank Romero somehow, which is only to be expected cause how does anyone think zillionaires get to be zillionaires, anyway?29 And then Frank Romero, who signs his emails “yours in the struggle,” asked Gil Cedillo to intercede.
We don’t know the end of the story, and we may never know the end of the story, but for our purposes, the real story is that Frank Romero sent his emails to Gil at gilcedillo45@gmail.com, which is the newly discovered secret email address! And then Gil Cedillo forwarded Frank Romero’s emails to his chief of staff at debby.kim@lacity.org for her to deal with, which proves that it’s City business being conducted. As you’re no doubt aware, in California it’s the content and purpose of emails that makes them public records rather than who owns the account. Thus these emails are public records.
And interestingly, Gil Cedillo’s staff redacted some instances of this newly-found secret email address but, fortunately, not all of them. This is discussed, with pictures, after the break. Also, our good friends at the Hollywood Sunshine Coalition, who are pushing hard on CD13 for copies of Mitch O’Farrell’s secret emails, have made a request to CD1 for these other secret emails. There is also a transcription of that after the break.
Continue reading Gil Cedillo has a Private Email Account Through Which He Conducts City Business — And Our Friends At The Hollywood Sunshine Coalition Have Made A Request For The Emails! — Evidently CD1 Staff Believes There Is A CPRA Exemption Which Allows Them To Redact This Secret Email Address! — Pro-Tip — There Is Not
How I Recorded Today’s Chinatown BID Meeting — And Got Screamed At By Criminal Ringleader And Big Poopy-Pants Whiny-Baby George Freaking Yu Cause I Wouldn’t Submit To His Weirdo Thuggish Demands — Then He Had His Weirdo Thuggish Security Guard Ban Me From The Far East Plaza Even Though I Didn’t Do Anything — Except Refuse To Bow To His Weirdo Thuggish Demands, That Is
Well, it’s always interesting to visit a new BID for the first time, and today’s journey out to Chinatown was certainly no exception. The BID meets in the Far East Plaza upstairs30 so up I went. They tried to get me to sign in, but I just ignored them because that’s illegal, innit?31 I did record the meeting, and you can watch the whole thing if you want here on YouTube and also here on Archive.Org if Google gives you the willies.32
There was a lot to write about at that meeting, but the most interesting thing33 was the fact that George Yu, just like that lady from the Arts District last month, decided he was going to confront me about recording his meeting, so he came over, just like she did, and stuck his face right in the camera, just like she did, and proceeded to embarrass himself in his anger and his shame, just like she did. Watch the whole frickin’ episode right here.
Now, a lot of other interesting stuff happened at this meeting, but I’m going to have to put off writing about it, because the very most interesting thing that happened today happened right after the meeting. As you’re probably aware, Howlin’ Rays does not actually define the the Far East Plaza, which also has some nice restaurants that are NOT overrun by zombie hipster hordes. And since the BID meeting was right at lunch time I thought I’d eat a banh mi and some pho before hopping the good old 45 southbound back to reality.
But after I ordered and before most of my food came,34 a security guard came busting into the restaurant and told me that the Far East Plaza was private property and that the owner didn’t want me there any more and that I would have to leave. Did I mention I recorded him too? Watch it here on YouTube or here on Archive.Org.35
I’ve been through a lot of crazy stuff when exercising my constitutional right to film BIDs,36 but this is right up there with the very craziest, which was the time I got screamed at for being possessed because I filmed meetings. Also, while George Yu’s argument makes some kind of sense theoretically, there are aspects to the situation that make it plausible that he can’t actually ban me from the property without some kind of reason. Turn the page for my amateur speculations on the matter!
Continue reading How I Recorded Today’s Chinatown BID Meeting — And Got Screamed At By Criminal Ringleader And Big Poopy-Pants Whiny-Baby George Freaking Yu Cause I Wouldn’t Submit To His Weirdo Thuggish Demands — Then He Had His Weirdo Thuggish Security Guard Ban Me From The Far East Plaza Even Though I Didn’t Do Anything — Except Refuse To Bow To His Weirdo Thuggish Demands, That Is
How Andrew Thomas And Carol Humiston Conspired To Spend At Least A Thousand Dollars Of Other People’s Money All To Teach Me A Lesson About The Costs Of Exercising My Rights Under The Public Records Act — How’s It Working Out For Them? — Probably Not So Well In The Long Run
NOTE: This post is turning out to be way longer than I thought, so I figured I’d better link to the actual public records it’s based on up here at the top. New for your perusal and edification are three contracts between the Westwood Village BID and various persons, including Exec Direc Andrew Lloyd Thomas and the BID security provider. Read ’em and weep, friends.
While you all have been enjoying my recent reporting on the Westwood Village BIDdies and their conspiracy with a bunch of UCLA students who feel like the boring homeowners on the Westwood Neighborhood Council don’t approve of enough liquor licenses and happy hours in the Village and whatnot, there has actually been a whole other story seething below the surface, some aspects of which I am writing today to tell you about!
You see, this isn’t just about me, the California Public Records Act, and Andrew Thomas, but also about Andrew Thomas’s lawyer, Carol Humiston, the ballistic barrister of Burbank.37 Carol Humiston,38 who lawyers for a lot of BIDs, has this CPRA system which she evidently believes is going to learn me not to bother her clients any more.39 Well, aside from the fact that no one’s managed to learn me anything since about 1974, her fanaticism ends up needlessly costing her clients a ton of money.40 Continue reading How Andrew Thomas And Carol Humiston Conspired To Spend At Least A Thousand Dollars Of Other People’s Money All To Teach Me A Lesson About The Costs Of Exercising My Rights Under The Public Records Act — How’s It Working Out For Them? — Probably Not So Well In The Long Run
Suzanne Holley Of The Downtown Center BID Redacted All The Email Addresses Of Her Frickin’ Board Of Directors Before She Coughed Up Emails In Response To My CPRA Request ‐ Not Only Is This Completely Unjustified Under The Law, But I Have The Damn Email Addresses Anyway And I’m Publishing Them Here In Case You Want Them Too!
Of course you will recall that recently I published a huge dump of records from Carol Schatzenstein’s monster, known in the vernacular as the Downtown Center BID. The bulk of these came to me as MSG files, which is by far one of the three most useful formats in which to receive emails.41 Those emails are available here on Archive.Org. On the other hand, Ms. Suzanne Holley, who is Chief Operating Officer of the BID,42 for reasons known only to her and her lawyer, felt the need to heavily redact some of the emails, and these she provided to me as PDFs with the usual black bars through the putatively sensitive information.
Now, superficially this is all in accordance with the requirements of the California Public Records Act. The law defines certain categories of information that are exempt from disclosure, but also, at §6253(a), requires redaction rather than withholding the entire document when possible: Any reasonably segregable portion of a record shall be available for inspection by any person requesting the record after deletion of the portions that are exempted by law.
Now take a look at this little puppy, which down in the chain contains an email from Board member Cari Wolk to the rest of her unindicted co-conspirators announcing that she’s gonna be attending the upcoming conspiracy meeting. The content is not nearly so interesting as the redactions, which include all the email addresses of all the board members. Turn the page for a picture of the redacted portion as well as the usual sarcastic commentary and as an extra-special bonus, all the redacted email addresses which, as common sense would tell anyone who thought about it for a second,43 are not actually exempt after all.
Continue reading Suzanne Holley Of The Downtown Center BID Redacted All The Email Addresses Of Her Frickin’ Board Of Directors Before She Coughed Up Emails In Response To My CPRA Request ‐ Not Only Is This Completely Unjustified Under The Law, But I Have The Damn Email Addresses Anyway And I’m Publishing Them Here In Case You Want Them Too!