Tag Archives: Emails

Lawsuits, Los Angeles City Government, Public Records Act Pragmatics

The City of Los Angeles Continues To Produce Emails As Non-Text-Searchable Super Low Quality PDFs Rather Than MBOX Or EML Files — But The California Public Records Act Requires Them To Produce In Any Format They Use To Make Copies For Their Own Use — Which Includes MBOXes — We Are Finally Litigating This Issue — Hearing On November 11, 2020 — Read The Trial Brief Here — And A Declaration From Computer Pioneer Martin Haeberli — Explaining Why The City’s Reasons For Not Producing MBOXes Aren’t Reality-Based

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This is what the City of Los Angeles does to image files when it converts emails to PDFs. It’s obviously not an exact copy, the provision of which is required by law. This is a completely faithful copy of an image file the City of LA produced in response to a CPRA request.
Maybe you remember that back in December 2019 I filed yet another CPRA suit against the City of Los Angeles. Here I was after a varied bunch of emails from the City’s Information Technology Agency. As usual, the City started handing over records almost immediately, which counts as a concession that they were wrong in denying my original requests.1

Also as usual they produced emails and their attachments as huge, unwieldy, non-text-searchable PDFs with highly degraded quality even though I asked them for MBOX files and the law requires them to produce MBOX files.2 They also produced attachments this way. You can see from the image what this process does to image files3 but imagine how incredibly useless it makes a spreadsheet! The CPRA’s requirement, found at §6253.9, is clear:

6253.9. (a) 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:

(1) The agency shall make the information available in any electronic format in which it holds the information.

(2) Each agency shall provide a copy of an electronic record in the format requested if the requested format is one that has been used by the agency to create copies for its own use or for provision to other agencies. The cost of duplication shall be limited to the direct cost of producing a copy of a record in an electronic format.

They refuse to do it, though, as they have been refusing since at least 2014. They change their reasons all the time, often in response to my pointing out that they’re lying about their capabilities. These days they’re not denying that they can produce MBOX files because everyone knows by now that they can do it even they used to say explicitly that it was impossible.4 Their current argument, also a lie, is that it’s impossible to redact MBOXes, so they can only produce as PDFs, which they can redact.

But this time we’re not willing to settle with them! We’re about to litigate this file format issue! The hearing is on November 11 at 1:30 before James Chalfant. Here’s the trial brief. There’s also a declaration from Internet and Apple Computer pioneer Martin Haeberli explaining the reasons why producing emails as MBOX files is far superior to PDFs and also explaining two perfectly workable ways to redact them in this form.5 Read on for excerpts from the brief and stay tuned for news!
Continue reading The City of Los Angeles Continues To Produce Emails As Non-Text-Searchable Super Low Quality PDFs Rather Than MBOX Or EML Files — But The California Public Records Act Requires Them To Produce In Any Format They Use To Make Copies For Their Own Use — Which Includes MBOXes — We Are Finally Litigating This Issue — Hearing On November 11, 2020 — Read The Trial Brief Here — And A Declaration From Computer Pioneer Martin Haeberli — Explaining Why The City’s Reasons For Not Producing MBOXes Aren’t Reality-Based →

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LAPD

You Know How War Criminals Shred All Their Documents When Anti-Fash Forces Start Getting Too Close? — LAPD Destroyed Or Misplaced All Of Its Emails Prior To January First 2016 — They Are All Gone — The History Of Our City Is Being Destroyed Either Intentionally Or By Idiocy And There Is Presently No Legal Remedy — Also Interesting That In March 2016 LAPD Was Being Sued — And Didn’t Produce Emails Required For Discovery — And Blamed It On Technical Difficulties But Did Not At That Time Mention The Loss Of All Emails — And Also Dorner — February 2013 — All Emails Related To Dorner Are Gone — Which Is A Huge Relief To Some Folks I’m Sure — Also Some Important Technical Info On How LAPD Discovery Processes Cases

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I mean, the headline says it all. If you ever make a request for public records involving emails from LAPD their NextRequest platform will tell you:

Please be advised that with regards to requests for Department e-mails, the Department only has access to e-mails from January 1, 2016 to present. E-mails that were sent or received prior to 2016 are not available to be queried or otherwise retrieved. When requesting e-mails, please be as specific as possible as to time frame, subject matter, key words, etc. that will enable the Department to conduct a thorough search for responsive records.

And LAPD has lied to me so often, so thoroughly, and so needlessly, that for a long time I just assumed that they were lying about that also and didn’t think much of it. But at some point I started to wonder, so I made a request for public records relating to the statement, and, amazingly, they produced a whole set of emails about it!6

And it appears to be true that they no longer have any LAPD emails from prior to January 1, 2016. They’re just gone. The date, by the way, is when LAPD switched from Groupwise to Outlook for email. According to LAPD Info Tech officer Javier Macias:

Groupwise/Retain emails are no longer available as that email server is out of service. Our IT staff and vendors attempted for 4 months to revive this server without any success and we no longer can retrieve any data from it. Only Dept emails on the Outlook e-discovery server are available from 1/1/2016 to present.

Continue reading You Know How War Criminals Shred All Their Documents When Anti-Fash Forces Start Getting Too Close? — LAPD Destroyed Or Misplaced All Of Its Emails Prior To January First 2016 — They Are All Gone — The History Of Our City Is Being Destroyed Either Intentionally Or By Idiocy And There Is Presently No Legal Remedy — Also Interesting That In March 2016 LAPD Was Being Sued — And Didn’t Produce Emails Required For Discovery — And Blamed It On Technical Difficulties But Did Not At That Time Mention The Loss Of All Emails — And Also Dorner — February 2013 — All Emails Related To Dorner Are Gone — Which Is A Huge Relief To Some Folks I’m Sure — Also Some Important Technical Info On How LAPD Discovery Processes Cases →

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Uncategorized

More Detail On Mitch O’Farrell’s April 2020 Coronavirus Exposure — Which Happened Because He Insisted On Meeting In Person With Angry Psychopathic Housedwellers In Echo Park — But Still Wouldn’t Talk To The Unhoused Community — And If You Read As Many CD13 Emails As I Do — You’re Aware That O’Farrell Rarely Commits Himself In Writing — Or His Staff Is A Bunch Of Lying CPRA Violators And Withholds What He Writes — I’m Pretty Sure Both Are True — But When He’s In Fear For His Own Life — It Seems More Real To Him Somehow — And Now The Dude Cannot Shut Up — But Quizzes Juan Fregoso About Where The Guy Who Tested Positive Was Standing — And How Close Did He Get — And What Color Shirt Was He Wearing? — It’s Pretty Clear That O’Farrell Saves His Deepest — His Most Sincere — Concern For Himself Only — But Then His Damn Voting Record Already Told Us That

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A couple weeks ago I reported that in April 2020, smack in the middle of a pandemic no less, Los Angeles City Councilmember Mitch O’Farrell had an in-person meeting with a bunch of unhinged housedwellers about how much they hated having to look at unhoused people living in Echo Park. And this all was going on at the same time that both O’Farrell and his staff were, despite their pleas and letters, refusing to meet with the unhoused people themselves, refusing to meet with activists who were organizing them, refusing to discuss public health with anyone, and refusing even to discuss the reasons for his refusal.

And not only that but O’Farrell was exposed to coronavirus at his meeting with these angry housedwellers. And by now it seems pretty ironic that actually they were the ones spreading disease. You may recall that in their list of demands to O’Farrell, one of the housedwellers’ reasons for demanding the eviction of the Echo Park homeless encampment was the threat to their health created by its presence: “[t]here is a high risk due to human waste and illegal drug waste, which is a haven for an epidemic of Cholera, dysentery,hepatitis A & E, typhus, and even leprosy.”7

The bare fact of the exposure was all I knew of when I wrote that earlier post. But since then CD13 has produced a little more material, all of which you can find here on Archive.Org,8 and among this stuff is an email conversation in which O’Farrell quizzes his nightmare field deputy Juan Fregoso about who had it, where he was standing, was he likely to have transmitted it, and so on.9 It’s the kind of thing you might expect from a guy like Mitch O’Farrell, and there’s a transcript below. There’s no big news here, no breakthrough explanations of the characteristic feckless idiocy with which O’Farrell conducts all his public business.

But if you read as many of these City staff emails as I do you’ll recognize that O’Farrell is being weirdly talkative here. It’s so rare to get anything in writing out of CD13 that’s actually from the Councilmember. Either O’Farrell is consciously not putting things in writing or his staff is way, way overclaiming exemptions to withhold all of it.10 There’s certainly plenty of evidence that they do that. And of course if you’re the wrong kind of constituent he doesn’t have a single word for you nor a single moment in which to speak it. But here he is, in fear for his life,11 and all of a sudden he’s got plenty to say.
Continue reading More Detail On Mitch O’Farrell’s April 2020 Coronavirus Exposure — Which Happened Because He Insisted On Meeting In Person With Angry Psychopathic Housedwellers In Echo Park — But Still Wouldn’t Talk To The Unhoused Community — And If You Read As Many CD13 Emails As I Do — You’re Aware That O’Farrell Rarely Commits Himself In Writing — Or His Staff Is A Bunch Of Lying CPRA Violators And Withholds What He Writes — I’m Pretty Sure Both Are True — But When He’s In Fear For His Own Life — It Seems More Real To Him Somehow — And Now The Dude Cannot Shut Up — But Quizzes Juan Fregoso About Where The Guy Who Tested Positive Was Standing — And How Close Did He Get — And What Color Shirt Was He Wearing? — It’s Pretty Clear That O’Farrell Saves His Deepest — His Most Sincere — Concern For Himself Only — But Then His Damn Voting Record Already Told Us That →

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CD13, Public Records Act Pragmatics

Mitch O’Farrell And The California Public Records Act — Second Part Of A Series On His Outrageous Violations — He Has Instructed His Flunky — Dan Halden — To Redact The Names Of Constituents Who Send Him Insane Rage Rants Against Homeless Human Beings — Advocating Starvation — Forced Relocation — And Similar Genocidal Measures — And The Reason He Thinks He Can Hide Their Identities? — Because — Halden Says — Publicity Would “Chill” Their Willingness To Ask Mitch O’Farrell For “Help” — What He Means Is They Don’t Like Being Exposed And Mocked On The Internet For Their Sociopathy — At O’Farrell’s Bidding Halden Also Redacts The Names Of Actual Public Officials — Like Jittery Little Peruvian-Hating Psychopath Carol Massie — Of The Hollywood Property Owners’ Alliance — And Refuses To Explain Why — Although The Real Reason Is Obvious — O’Farrell Hates The Constitution — And He Hates The Law — And He’s Really Got To Go

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Here’s another installment in my ongoing series of posts about the City of Los Angeles and the interesting ways in which its various departments violate the California Public Records Act.12 Today I’m looking once again at Los Angeles City Council District 13, repped by the fecklessly idiotic troll doll Mitch O’Farrell, and some of O’Farrell’s illegal email redaction policies.13 The story actually begins last March.

At that time I received some emails from CD13 containing conversations between staffers, LAPD officers, and local owners of commercial properties about homelessness. The discussions were filled with dehumanizing stereotypes and calls to starve the homeless, to use pressure-washing and illegal planter placement and other hostile measures to displace them, and so on. All of this not just uncriticized, not just accepted, but actively encouraged and facilitated by City staff and LAPD officers.

I found the whole scene appalling and wrote a number of posts exposing these privilege-addled sociopaths, the main one of which is here but this other one about Kanye West flunky Anthony Kilhoffer is also good. Some of them flipped out and threatened me and apparently others complained to CD13 that I had exposed their sociopathy to the world or that I was mean to them on the internet or whatever. Since then, clearly in response, CD13 has redacted email addresses of basically every correspondent who’s not using a government email address.14

Dan Halden, who’s responsible for handling some of my CD13 CPRA requests,15 has told me that such redactions are legally justified because exposing constituents to personal mockery for advocating genocide against the homeless would create a chilling effect on their willingness to contact their elected officials. Here’s one instance of Halden’s articulation of this novel16 legal theory:
Continue reading Mitch O’Farrell And The California Public Records Act — Second Part Of A Series On His Outrageous Violations — He Has Instructed His Flunky — Dan Halden — To Redact The Names Of Constituents Who Send Him Insane Rage Rants Against Homeless Human Beings — Advocating Starvation — Forced Relocation — And Similar Genocidal Measures — And The Reason He Thinks He Can Hide Their Identities? — Because — Halden Says — Publicity Would “Chill” Their Willingness To Ask Mitch O’Farrell For “Help” — What He Means Is They Don’t Like Being Exposed And Mocked On The Internet For Their Sociopathy — At O’Farrell’s Bidding Halden Also Redacts The Names Of Actual Public Officials — Like Jittery Little Peruvian-Hating Psychopath Carol Massie — Of The Hollywood Property Owners’ Alliance — And Refuses To Explain Why — Although The Real Reason Is Obvious — O’Farrell Hates The Constitution — And He Hates The Law — And He’s Really Got To Go →

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CD13, Public Records Act Pragmatics

Mitch O’Farrell And The California Public Records Act — His Office Violates It So Egregiously That — Comparisons Fail Me — Here’s The Story Of One Request — From May 2019 — That It Took Loyal O’Farrell Flunky Dan Halden Eleven Months To Complete — Along The Way He Lied And Lied And Lied — Obviously At O’Farrell’s Bidding — For Instance In June 2019 He Said It Would Take Six Months Of Work To Finish — And When He Finally Got Around To It He Did The Whole Damn Job In Essentially One Week — Which Would Have Been Great If That Week Hadn’t Started On April 14, 2020 — This Is The Same O’Farrell Who Voted Against An Eviction Moratorium Because He Said It Would Be Illegal For The City Council To Pass It — He Called It A “Pretend Measure Which We Could Never Enforce” — Which Is Apparently How He Sees The Public Records Act As Well — This Is Part One In An Endless Series By The Way — The Next Installment Is About O’Farrell’s Redaction Policies — Which Are More Illegal — And More Weird — Than You Can Probably Imagine — Hinted At Briefly In The Cartoon!

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Public records, you may have noticed, are essential to the work I do here on MK.Org. Without them it’s hard for me to find subjects without turning to unsubstantiated mouth-off-shooting.17 And local agencies including pretty much every department of the City of Los Angeles have always been very bad about producing records. They stall, they temporize, they lie, they go silent, and use a tediously unvaried set of ridiculous excuses to explain their noncompliance with the law.

And to that list of standardized and implausible excuses they’ve added the COVID-19 pandemic.18 About which they’re almost certainly mostly lying, but I still don’t feel right hassling actual individual City employees about my requests because who knows what unimaginable personal tragedies they might be dealing with? It occurred to me pretty recently that if the City’s going to fail to produce records for me to write about I could write about their failures to produce.

It’s an inexhaustible source of topics, and I’m kicking things off with a post about City Council District 13, an inexhaustible source all on its own.19 This ill-fated district is infamously repped by the widely despised Mitch O’Farrell, who along with his frontman and loyal minion Dan Halden, manages to violate the CPRA in any number of egregious but interesting ways, some of them unique in my experience to his office alone. Today we’re talking about just one of them, which is delay of production.20 Continue reading Mitch O’Farrell And The California Public Records Act — His Office Violates It So Egregiously That — Comparisons Fail Me — Here’s The Story Of One Request — From May 2019 — That It Took Loyal O’Farrell Flunky Dan Halden Eleven Months To Complete — Along The Way He Lied And Lied And Lied — Obviously At O’Farrell’s Bidding — For Instance In June 2019 He Said It Would Take Six Months Of Work To Finish — And When He Finally Got Around To It He Did The Whole Damn Job In Essentially One Week — Which Would Have Been Great If That Week Hadn’t Started On April 14, 2020 — This Is The Same O’Farrell Who Voted Against An Eviction Moratorium Because He Said It Would Be Illegal For The City Council To Pass It — He Called It A “Pretend Measure Which We Could Never Enforce” — Which Is Apparently How He Sees The Public Records Act As Well — This Is Part One In An Endless Series By The Way — The Next Installment Is About O’Farrell’s Redaction Policies — Which Are More Illegal — And More Weird — Than You Can Probably Imagine — Hinted At Briefly In The Cartoon! →

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California State Government, Public Records Act Pragmatics

Last Year Gavin Newsom Vetoed Assemblymember Todd Gloria’s Absolutely Essential Email Retention Bill — But Gloria Reintroduced It The Other Day And It Looks Like The Fight Is On Again! — The Los Angeles Sunshine Coalition Submitted A Letter In Support And You — Being Sane — Should Submit One As Well! — The Idiotic And Dishonest Letters Of Opposition Are Already Rolling In!

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Perhaps you remember last year’s Assembly Bill AB1184, introduced by government transparency hero Representative Todd Gloria, dishonestly opposed by a bunch of mendacious business improvement districts and other shills with a lot to hide, and ignominiously vetoed by California Governor Gavin Newsom at the behest of lobbyists hired by the bad BIDdies and their enablers? Well, Gloria reintroduced it this year, and here we go again!

The new number is AB2093, and perhaps this time the forces of good and right will be able to overcome the nonsensical objections and get this baby passed. The Los Angeles Sunshine Coalition submitted a letter in support today, and you and/or your organizations can submit one as well! Send to Raquel Mason via email at raquel.mason@asm.ca.gov.

It’s expected to go to committee in March so it’s not urgent, but it’s also not not urgent, so don’t dilly-dally! And read on for a transcription of the letter sent by the LASC. Oh, and also! The dishonest opposition has already begun. Behold an idiotic form letter of opposition sent by some random special district somewhere north of Pacoima. Too dumb to analyze, but maybe worth a glance?
Continue reading Last Year Gavin Newsom Vetoed Assemblymember Todd Gloria’s Absolutely Essential Email Retention Bill — But Gloria Reintroduced It The Other Day And It Looks Like The Fight Is On Again! — The Los Angeles Sunshine Coalition Submitted A Letter In Support And You — Being Sane — Should Submit One As Well! — The Idiotic And Dishonest Letters Of Opposition Are Already Rolling In! →

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LAUSD

The Charter School Industry Famously Wants To Shut Down Schools That Don’t Measure Up To Various Putatively Objective Standards — Part Of Their Narrative Of Government Inefficiency — Lack Of Incentives To Excel — The Usual Nonsense — And — Apparently To Demonstrate Ideological Consistency Or Something — Each Year The California Charter School Association Picks A Few Charter Schools And Publicly Advocates For Their Closure — In 2017 They Targeted Lou Dantzler Elementary School — A Co-Located South LA School Run By White Savior Charter Conspiracy The Inner City Education Foundation — But ICEF Unilaterally Closed The School Rather Than Undergo The Humiliation Of CCSA Openly Calling For Its Closure — Never Mentioned In The Discussion — The Trauma And Disruption In The Students’ Lives Caused By The High-Level Politicking Of These Charter School Geniuses — It’s Almost As If That Kids First Nonsense Is Nothing More Than Empty Sloganeering

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One argument we see over and over and over again from school privatizers is that charter schools are more effective than public schools because public schools are not accountable for their performance. Because their funding, their very existence, are guaranteed by the government they have no incentive to improve.

That last sentence, by the way, reads very easily even without an explicit statement of what it is, according to privatizer propaganda, that the public schools don’t have an incentive to improve. Which is a sign of how thoroughly public discourse about public schools has been shaped by the charter school industry.

There’s no satisfying answer to this question of what public schools need to improve, at least not one that satisfies anyone who sees children, students, as actual human beings, of fully equal value to every one of the disrupting grifters corruptly siphoning off billions in public funds meant to educate these kids.

Privatizers try to make this narrative hang together by using vague nouns like “outcomes,” “results,” “accountability.” What is it that public schools need to be accountable for improving? Outcomes and results! But the story doesn’t really work, not to the extent that they need it to work, without there being some concrete, some superficially objective,21 way to measure this putative non-improvance.

The technical details of the actual metrics don’t matter much since all that’s needed to serve the purpose is a bunch of numbers. You can read about them here online if you want to but feel free not to as they’re all lies and also quite boring. And the flip side of this narrative is that charter schools are nimble22 and run like businesses23 unlike the public schools they’re out to destroy. To really underscore this last point it turns out to be politically expedient for charter proponents to once in a while toss one of their schools off the sleigh to be devoured by the hungry wolves that follow.

Which is exactly what the mainline charter conspiracy does in California. The California Charter School Association, premiere privatizer lobbying conspiracy, has a program called Public Calls for Non-Renewal whose sole purpose is to pick off a few schools each year that miss their benchmarks and publicly, that is in front of the authorizing entities, advocate against their targets being renewed. They openly justify this program, this process with an appeal to nothing more than its political expedience for their movement:

We applaud the many charter schools that are among the highest-performing schools in the state. However, we believe that a small number of chronically underperforming charter schools threatens the overall success of the broader charter school movement.

And this is a really disconcerting position to be taken by people who will not for an instant shut up about how they put kids first, how they’re the most overwhelmingly efficient educators in history, how they are the only ones who can save children from the horrors of government incompetence. This kind of realpolitik calculus is fine24 when all the parties involved are adults, are responsible and able to look after their own interests. But real human children are gravely harmed when their schools close down.
Continue reading The Charter School Industry Famously Wants To Shut Down Schools That Don’t Measure Up To Various Putatively Objective Standards — Part Of Their Narrative Of Government Inefficiency — Lack Of Incentives To Excel — The Usual Nonsense — And — Apparently To Demonstrate Ideological Consistency Or Something — Each Year The California Charter School Association Picks A Few Charter Schools And Publicly Advocates For Their Closure — In 2017 They Targeted Lou Dantzler Elementary School — A Co-Located South LA School Run By White Savior Charter Conspiracy The Inner City Education Foundation — But ICEF Unilaterally Closed The School Rather Than Undergo The Humiliation Of CCSA Openly Calling For Its Closure — Never Mentioned In The Discussion — The Trauma And Disruption In The Students’ Lives Caused By The High-Level Politicking Of These Charter School Geniuses — It’s Almost As If That Kids First Nonsense Is Nothing More Than Empty Sloganeering →

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LAUSD

When Protesters Shut Down Extera Charter Schools’ March 2019 Board Meeting They Criticized Extera For Taking Money From Privatizing Walton/Broad Front Group Great Public Schools Now – And Doctor Jim Kennedy Tacitly Accepted The Validity Of Their Criticism By Mumbling Non-Denials About How Extera Had Not Yet Accepted Any GPSN Money – But Emails Obtained Via The CPRA And Published Here Show That Even While Kennedy Was Mumbling His Mumbles – Even Then – Extera Was Actively Seeking GPSN’s Money – With The Active Support Of CCSA – To Support Their Expansion Into The Montebello Unified School District – In Other Words Precisely The Kind Of Colonial Charterism Opposed By The Protesters – Showing The Utter Dishonesty Of Kennedy’s Claims

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So you probably heard about how activists from Centro CSO and the United Teachers of Los Angeles and Eastside Padres Unidos Contra la Privatizacion protested vigorously and shut down the March 19, 2019 meeting of the Extera Charter Conspiracy Board of Directors to express their opposition to Extera’s colonial co-location at Eastman Avenue Elementary School in Boyle Heights.

And one of the key exchanges was between a protester, whose name I don’t know, and self-proclaimed doctor and supreme Extera commander Jim Kennedy, and you can watch it here.25 The backstory is that Corri Ravare had been talking previously about how Extera was getting some money from famous Walton/Broad privatizing front organization Great Public Schools Now, which, as the protester notes, is extraordinarily revealing with respect to which team Extera plays for.26

The protester called Dr. Jim Kennedy out on this and he denied that they had taken any money from GPSN: “At this point we have not …” But the truth, as the protester said, is that Corri Ravare had already “said we pretty much have the money.” And the problem with this? Well, clearly, it is that “Great Public Schools Now have declared themselves an enemy of public education. Those are the people we have to work against because they are selling out our public schools to Eli Broad and the Walton Foundation.”

She’s absolutely right about that, of course, and Doctor Jim Kennedy seems to understand that, or at least to realize that Extera’s association with GPSN doesn’t look so good. No doubt this is why he went on to tell her straight out that “[Extera has] not yet accepted that money.” But, as you may already have guessed, Doctor JK is being extraordinarily deceptive here with his mumbled half-denials. In fact Extera had been actively pursuing money from GPSN since December 2018, four months before the date of this meeting.
Continue reading When Protesters Shut Down Extera Charter Schools’ March 2019 Board Meeting They Criticized Extera For Taking Money From Privatizing Walton/Broad Front Group Great Public Schools Now – And Doctor Jim Kennedy Tacitly Accepted The Validity Of Their Criticism By Mumbling Non-Denials About How Extera Had Not Yet Accepted Any GPSN Money – But Emails Obtained Via The CPRA And Published Here Show That Even While Kennedy Was Mumbling His Mumbles – Even Then – Extera Was Actively Seeking GPSN’s Money – With The Active Support Of CCSA – To Support Their Expansion Into The Montebello Unified School District – In Other Words Precisely The Kind Of Colonial Charterism Opposed By The Protesters – Showing The Utter Dishonesty Of Kennedy’s Claims →

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Los Angeles City Council, Public Records Act Pragmatics

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!

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The California Public Records Act gives every person access to official writings because, as the law itself tells us,27 “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,28 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.29 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 Angeles30 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! →

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Lawsuits, Public Records Act Pragmatics

Even Though Gavin Newsom — At The Behest Of A Bunch Of Bad BIDdies With Dark And Bloody Secrets To Keep — Vetoed Todd Gloria’s Essential Email Retention Bill — The Question Of Whether Existing Law Already Requires Local Agencies To Retain Emails For Two Years Is Potentially Up Before The California Supreme Court — The Electronic Frontier Foundation And A Host Of Other Government Transparency Advocates Urge The Court To Accept The Case And Find That The Law Does In Fact Prohibit These Book Burners From Destroying Public Records — Here’s A Copy Of The Amicus Letter — And A Little Assorted Ranting Of My Own On This Essential Topic

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As you may know, email retention policies among public agencies in California are a mess, with agencies claiming, however implausibly, that they automatically delete emails very rapidly, sometimes even immediately on receipt. This would seem to run afoul of the law at Government Code §34090, which states pretty clearly that cities are not to delete public records less than two years old. And the California Public Records Act at §6252(g) explicitly defines the phrase “public records” to include emails.

But cities and other local agencies such as business improvement districts along with their legal minions have cooked up amongst themselves a theory that emails aren’t covered by §34090 unless they make some kind of specific effort to retain them, like for instance printing them out and putting them in a drawer. This is the kind of theory, very popular among CPRA-subject agencies, that no one actually believes is valid. It’s only meant to hold up in court long enough for the agency to avoid sanctions for flouting the law.

And this year Assemblymember Todd Gloria tried to strangle this nonsense in its metaphorical crib with his AB-1184, which would have clarified that agencies are required to retain emails for two years just like every other kind of record. But agencies lobbied hard against this bill, pushing the narrative that retaining emails for two years would cost too much money. The bill passed the legislature anyway, but our feckless governor vetoed it and essentially let the agencies write his idiotic veto message.

That such a law is essential is not only obvious in theory, but the incredibly dishonest behavior of various local agencies shows how important it is in our very specific practical context.31 So for instance, here behold the entire Board of Directors of the entire Fashion District BID swearing under oath no less that they delete all BID-related emails on receipt and that’s why they don’t ever produce them in response to CPRA requests. And the judge believed them, although he admitted that the whole story was implausible. But no evidence controverted it.
Continue reading Even Though Gavin Newsom — At The Behest Of A Bunch Of Bad BIDdies With Dark And Bloody Secrets To Keep — Vetoed Todd Gloria’s Essential Email Retention Bill — The Question Of Whether Existing Law Already Requires Local Agencies To Retain Emails For Two Years Is Potentially Up Before The California Supreme Court — The Electronic Frontier Foundation And A Host Of Other Government Transparency Advocates Urge The Court To Accept The Case And Find That The Law Does In Fact Prohibit These Book Burners From Destroying Public Records — Here’s A Copy Of The Amicus Letter — And A Little Assorted Ranting Of My Own On This Essential Topic →

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