Tag Archives: Government Code 54952.2

Brown Act Pragmatics, Los Angeles City Council

A Couple Of Newly Obtained Emails Reveal Hitherto Unknown Clues About The LA City Council’s Famously Habitual Brown Act Violations — All Fifteen Council District Chiefs Of Staff Held An Impromptu And Illegal Serial Meeting In March 2020 — The Statute Of Limitations Has Run But It’s Clearly A Violation And Clearly Neither The First Nor The Last Time This Has Happened — And Another Email — This From CD5 Enviro-Dude Andy Shrader To His Boss Koretz — Suggests That The Chiefs Aren’t The Only Staffers Doing This — He Mentions A “Daily Staff Meeting” That Includes Republicans Who Might Spill Beans To Other Councilmembers — Sounds Like Another Brown Act Violation To Me!

March 22, 2021 Mike Leave a comment

The Brown Act famously forbids the Los Angeles City Council and its committees from meeting in secret¹ to conduct its public business. The prohibition is found at §54952.2(b)(1), which states categorically that:

A majority of the members of a legislative body shall not, outside a meeting authorized by this chapter, use a series of communications of any kind, directly or through intermediaries, to discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the legislative body.

But anyone who pays even a little attention to meetings of the Los Angeles City Council or its committees can see that there’s some kind of collusion going on behind the scenes. There are too many unanimous votes, too many obviously scripted comments by Councilmembers responding to scripted comments by other Councilmembers when there’s no legal way for them to have known what their colleagues were planning to say, and just too much foreknowledge of the course of legislation.

It’s really unlikely that the Councilmembers themselves make all the arrangements. Almost surely the collusion is done by their staff. This doesn’t make it any less against the law. It’s exactly the scenario contemplated in the phrase “directly or through intermediaries.” So for instance, if 15 staff members, one from each Council district, got together to discuss pending motions, votes, or anything else within the subject matter jurisdiction of the City Council and then relayed information from the discussion to their bosses it’s a violation.²

One of my very long term projects is finding proof that the City Council does in fact engage in these illegal meetings and also to understand the means by which they do it. It’s slow going, though, and not just because of the City’s general unwillingness to comply with the Public Records Act. What I’m looking for is evidence of habitual and chronic outlawry, so the City has even more pressing reasons to withhold the records.³ But from time to time I come across something interesting and suggestive, and today I actually have two!
Continue reading A Couple Of Newly Obtained Emails Reveal Hitherto Unknown Clues About The LA City Council’s Famously Habitual Brown Act Violations — All Fifteen Council District Chiefs Of Staff Held An Impromptu And Illegal Serial Meeting In March 2020 — The Statute Of Limitations Has Run But It’s Clearly A Violation And Clearly Neither The First Nor The Last Time This Has Happened — And Another Email — This From CD5 Enviro-Dude Andy Shrader To His Boss Koretz — Suggests That The Chiefs Aren’t The Only Staffers Doing This — He Mentions A “Daily Staff Meeting” That Includes Republicans Who Might Spill Beans To Other Councilmembers — Sounds Like Another Brown Act Violation To Me! →

LAUSD

Accelerated Schools Board Meeting Shut Down — By President Juli Quinn — In A Petulant Gavel-Smacking Rage — Because Some Members Of The Public Spoke Some Truth In Her Presence — That The Board Members Are Racist — Incompetent — They Endanger Children — They Fired Hilda Guzman In Retaliation For Her Union Activity And Her Political Speech — TAS Violated The Brown Act At Least Three Times In Forty Minutes — Requiring Sign-In For Entrance And Illegally Holding Two (!) Separate Secret Meetings Out Of The Presence Of The Public! — Which May Actually Rise To The Level Of A Criminal Violation!

October 26, 2019 Mike Leave a comment

As you may know, Hilda Guzman was wrongfully fired by The Accelerated Schools in July 2019. Her union, SEIU Local 99, organized a powerful protest at the last board meeting in August and was poised to do so again last Thursday, October 24. You can read more about Hilda’s situation and the Union’s response here. You can also watch the whole meeting, only about 40 minutes, here on YouTube.⁴

And as you may also know, TAS has an illegal policy of requiring members of the public to sign in prior to attending their Board meetings,⁵ though, and it took the SEIU members so long to get through this process that president Juli Quinn had closed public comment by the time the SEIU members made it into the room where the meeting was being held.

Quinn tried to make this idiotic decision stand in the face of righteous outrage by the protesters, until she couldn’t bear the shame any longer and said “I’d like to ask the board if you’d like to take a quick recess.” Then she idiotically hit the table with her idiotic gavel⁶ and they all left the room. Which is so illegal. It’s jaw-droppingly illegal.⁷ All business of the Board must be conducted in public except for a short list of specific reasons, none of which apply here. Even if any of them had applied it’s not allowed to meet in private without agendizing it first.⁸

After about five minutes the Board came back in and Juli Quinn⁹ admitted that she and her stupid colleagues had made a decision while they were in the back.¹⁰ And the decision that she admitted that they had made is that they were going to reopen public comment for 15 minutes only. But, like the totalitarian martinet she is, Dr. Quinn decided to read the public comment policy out loud first.
Continue reading Accelerated Schools Board Meeting Shut Down — By President Juli Quinn — In A Petulant Gavel-Smacking Rage — Because Some Members Of The Public Spoke Some Truth In Her Presence — That The Board Members Are Racist — Incompetent — They Endanger Children — They Fired Hilda Guzman In Retaliation For Her Union Activity And Her Political Speech — TAS Violated The Brown Act At Least Three Times In Forty Minutes — Requiring Sign-In For Entrance And Illegally Holding Two (!) Separate Secret Meetings Out Of The Presence Of The Public! — Which May Actually Rise To The Level Of A Criminal Violation! →

LAUSD

GANAS Academy Founder Sakshi Jain Emails Now Available — Showing A Pattern Of Increasing Anxiety And Paranoia About Anti-Co-Location Activists — Appeals To LAUSD To Punish Catskill Elementary Employees Who Seemed To Oppose Co-Location — Discussions With The California Charter School Association On Media Strategy — Wild Accusations Of “borderline libelous and slanderous accusations – not just about the Founder, but about the school as well” — Whatever The Hell That Means — Resignation Of A Board Member Who Did Not Want “to be villainized by the community [he] was hoping to help” — Other Essential Information — Including A Potential Brown Act Violation In February 2019 — Read All A-Freaking-Bout It!

May 27, 2019 Mike Leave a comment

Here’s more on the anti-colocation battle being fought by a brave and devoted band of teachers and parents at Catskill Elementary School in the City of Carson against impending plans to install upstart charter school GANAS Academy on their campus. I have been investigating this story using requests made to GANAS via the California Public Records Act.¹¹ And just recently these GANASsholes handed over a trove and a half of goodies. You can read about the video over here, and today we’re talking about the emails, which, as always, are where the serious action is. Browse them yourself, of course, or download the whole damn stack of them, right here on Archive.Org.¹²

And today I’m just going to run through a few highlights with transcriptions and a little light commentary. They paint a revealing picture of the effect that the anti-co-location protests have been having on GANAS, with at least one board member having resigned when he became aware of the intensity of the animosity towards his charter school. They also show the growing anxiety, shading into abject paranoia, of galaxy-brained GANAS founder and head of school¹³ Sakshi Jain as it became increasingly clear to her that she was in for a long and bitter struggle, and that there wasn’t really much help forthcoming from either LAUSD or the California Charter School Association.
Continue reading GANAS Academy Founder Sakshi Jain Emails Now Available — Showing A Pattern Of Increasing Anxiety And Paranoia About Anti-Co-Location Activists — Appeals To LAUSD To Punish Catskill Elementary Employees Who Seemed To Oppose Co-Location — Discussions With The California Charter School Association On Media Strategy — Wild Accusations Of “borderline libelous and slanderous accusations – not just about the Founder, but about the school as well” — Whatever The Hell That Means — Resignation Of A Board Member Who Did Not Want “to be villainized by the community [he] was hoping to help” — Other Essential Information — Including A Potential Brown Act Violation In February 2019 — Read All A-Freaking-Bout It! →

Los Angeles City Council

Annals Of Utter Abject Mind-Numbing Shamelessness — Morrie Goldman Wants To Know If Gil Cedillo Will Be At PLUM Next Week — Cause He Needs Him For A Quorum — Cause Englander Is Gonna Be Out — Debby Kim Has Nothing More To Say Beyond “He Will Be There :)” — Yes, The Smiley Face Is Part Of The Quote — Even The Damn Rats Are Embarrassed At This Point

February 12, 2019 Mike Leave a comment

Background first. There’s Morrie Goldman. Lobbyist who runs Urban Solutions LLC, a lobbying firm. Famously caught up in the slow motion putrefaction of what was, at one time, known as Jose Huizar’s political career. Well-known friend of Gil Cedillo, at least as the word is understood at 200 N. Spring Street. Favor asker. Supplicant. Then there’s Gil Cedillo. Career politician. Wielder of vast power. Mover. Shaker. Favor granter. Supplicatee.

Or, you know, that’s how I always thought things worked in City Hall. The Councilmembers were in charge and the lobbyists asked them for goodies on behalf of clients and paid them off for their cooperation. But I recently obtained a steaming heap of emails between CD1 staffers and various lobbyists, and amongst them was this email conversation from 2015 between Morrie Goldman and Cedillo chief of staff Debby Kim¹⁴ which forces a quantum-level re-envisioning of that narrative, featuring Morrie Goldman as Keyser Soze and Cedillo with nothing more than some kind of walk-on role in his own career.

The whole exchange is just four emails long. Only the first two really matter. A week before the meeting, Goldman emails Kim to ask if Cedillo will be at PLUM on June 23, 2015. He says “We have an item coming to PLUM that day and need him for a quorum. Englander is out.” Kim’s reply? “He will be there :)” So yeah, in case you hadn’t realized, lobbyists don’t only tell Councilmembers how to vote and then deliver payola in return. They also call roll in advance and make sure the reps show up when they’re needed to vote. It’s unexpected and creepy at the same time.

And conceivably it’s also a Brown Act violation, since at that time the entire PLUM committee consisted of Jose Huizar, Cedillo, and Englander. Communications through intermediaries between a majority of the members, which would be two of them, constitutes an illegal serial meeting.¹⁵ So Goldman insinuating to Cedillo’s staff that Englander would have voted in favor is probably not OK. The statute of limitations is long gone, though.

And of course, the question of what issue Goldman needed Cedillo present to vote on is an essential one. I don’t yet know for sure, but here’s the PLUM agenda from June 23, 2015. The only matter on there of any consequence is CF 15-0721, which has to do with a CEQA appeal against the AMPAS project on Wilshire, which is likely to be the vote Goldman was worried about. Oh, one more thing! Notice how Goldman doesn’t even have to ask how Cedillo’s voting? That’s all been settled already.

And that’s the sordid little story of who’s calling the shots in the relationships between lobbyists and their pet councilmembers. Turn the page for a transcription of the emails themselves, so ordinary and yet so shocking.
Continue reading Annals Of Utter Abject Mind-Numbing Shamelessness — Morrie Goldman Wants To Know If Gil Cedillo Will Be At PLUM Next Week — Cause He Needs Him For A Quorum — Cause Englander Is Gonna Be Out — Debby Kim Has Nothing More To Say Beyond “He Will Be There :)” — Yes, The Smiley Face Is Part Of The Quote — Even The Damn Rats Are Embarrassed At This Point →

Los Angeles City Council

The Los Angeles City Council Violated The Brown Act Prior To Its Hearing On Designation Of Parker Center As A Historic-Cultural Monument — Huizar Staff Evidently Polled All Other Council Offices To Learn How They Would Vote — Which Constitutes An Illegal Serial Meeting According To The California Attorney General And The Court Of Appeals — If Little Tokyo Bigwig Kristin Fukushima Is To Be Believed, Anyway — And Why Would She Lie?

January 21, 2019 Mike Leave a comment

In his 2017 rush to destroy Parker Center, not only did José Huizar direct his staff to organize a series of phony performances of public support at various hearings as part of a twisted quid pro quo deal with various Little Tokyo luminaries, but on February 13, 2017 or thereabouts his office also violated California’s open meeting law, the Brown Act, by polling all the other Council offices on how they intended to vote the next day on the designation of the building as a historic-cultural monument.

The evidence is right here in this email conversation between Kristin Fukushima, Little Tokyo anti-Parker-Center coconspirator, and Gerald Gubatan, who is Gil Cedillo’s planning director:¹⁶
On Mon, Feb 13, 2017 at 2:03 PM, Kristin Fukushima <kristin@littletokyola.org> wrote:

Hi everyone,

Gerald, just letting you know – I spoke with CD 14 this morning, and apparently they checked in with all the offices and have confirmed that they are expecting everyone on City Council tomorrow to vote in approval of PLUM’s recommendation against HCM nomination for Parker Center. To be safe, a handful of us will still be there tomorrow, but good news nonetheless!

Thanks!

If she’s telling the truth about CD14 checking in with all the offices, and why would she not be, then the City Council violated the Brown Act by holding a meeting that the public had no access to. It’s not surprising, of course. We’ve seen significant circumstantial evidence that such violations happen regularly, but man, has it been hard to claw that proof out of the City.¹⁷

This kind of lawless behavior in no way seems uncharacteristic of Huizar. It wouldn’t have seemed so even before his enormous capacity for lawlessness and illicitry was made even more manifest than anyone could have expected.¹⁸ Sadly, there’s nothing at all to be done about it at this point. The Brown Act has very short built-in time limitations for taking action, and this is far past all of them.

By the way, it may not seem obvious that a staff member from one Council office contacting all the other offices and asking how they’re planning to vote on an agenda item constitutes a meeting, but it’s clear under the law that it does. For all the wonky details, laid out in full wonky splendor, turn the page. You know you wanna!
Continue reading The Los Angeles City Council Violated The Brown Act Prior To Its Hearing On Designation Of Parker Center As A Historic-Cultural Monument — Huizar Staff Evidently Polled All Other Council Offices To Learn How They Would Vote — Which Constitutes An Illegal Serial Meeting According To The California Attorney General And The Court Of Appeals — If Little Tokyo Bigwig Kristin Fukushima Is To Be Believed, Anyway — And Why Would She Lie? →

Brown Act Pragmatics, Business Improvement Districts

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!

December 15, 2018 Mike Leave a comment

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 BID¹⁹ 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 violations²⁰ 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.²¹ 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.²² 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! →

CD13, Los Angeles City Government

Mitch O’Farrell’s Secret Email Account Yields The First Concrete Evidence I’m Aware Of Concerning Staff-Mediated Back-Room Collusion Between City Council Members — Suggests Brown Act Violations On A Massive Scale — Consistent With Serial Meetings Coordinated Via Council Staff — Contributes To A Theory Of Staged City Council Debates Invariably Ending In Yet Another Unanimous Vote — At Very Least Yields Many Potentially Fruitful Leads For Future CPRA Requests

December 14, 2018 Mike Leave a comment

If you’ve ever attended a meeting of the Los Angeles City Council it’s very likely that you’ve seen one of the fully scripted performances that pass for debate with that body, ending, as always, with a unanimous vote in favor of yet another preordained conclusion. It’s a sickening spectacle, more worthy of a for-show-only parliament of some backwater bargain-bin Ruritanian dictatorship than of the legislators who are putatively leading our great City. This phenomenon is the subject of much discussion here in Los Angeles, and was the basis for at least one sadly ill-fated lawsuit.

If you haven’t seen an example of this spooky kabuki, you can take a look at this August 23, 2016 debate on whether the City should support or oppose some state bill about taxi regulation.²³ After the break you’ll find a detailed chronology with links into the video, which will save you a lot of time because the whole thing is more than 30 minutes long and it is mind-numbing. There’s no conceivable way that episodes like this one could happen other than through prior discussion, collusion, and agreement among the Councilmembers. It’s completely implausible that it could be otherwise.

The problem with that, of course, is that prior discussion, collusion, and agreement among Councilmembers are illegal in California. It’s even illegal for Council staffers to discuss things and then report back to their bosses about other CMs’ opinions as reported by their respective staffs. The law mandates real public debates and forbids scripted performances whose conclusions are predetermined in back rooms. In particular, the Brown Act at §54952.2(b)(1) states explicitly that:

A majority of the members of a legislative body shall not, outside a meeting authorized by this chapter, use a series of communications of any kind, directly or through intermediaries, to discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the legislative body.

As far as I know there’s never been a successful Brown Act complaint against the City Council on these grounds. Courts will not, I’m under the impression, accept arguments based on the fact that it’s totally obvious what’s going on. Without sufficient proof of out-of-meeting communications no action is possible. And there just has not hitherto been any proof to be found, or none that I know of. But it appears that, buried deep within the recent release of emails from Mitch O’Farrell’s toppest secretest privatest email account, there are some hints of how this coordination might be accomplished.

There’s no proof there of a Brown Act violation, but there’s evidence that in 2013 David Giron, who is Mitch O’Farrell’s legislative director, coordinated with CD5 and CD8 regarding the positions of Paul Koretz and Bernard Parks²⁴ with respect to fracking in Los Angeles and then communicated the intentions of those other CMs to Mitch O’Farrell. This is the kind of thing that the Brown Act forbids if it takes place among the majority of the Council, or even the majority of a Council committee.²⁵

There’s no hint in the evidence that this discussion is any kind of anomaly, so it may be the first piece of the puzzle of how the City Council builds consensus out of view of the public. It certainly gives me hope that the truth will be brought out eventually.²⁶ Take a look at the email exchange here, which is on the surface about Mitch O’Farrell’s position on CF 13-0002-S108, having to do with a State Senate bill on fracking. There are transcriptions and detailed discussion of the issues involved right after the break.
Continue reading Mitch O’Farrell’s Secret Email Account Yields The First Concrete Evidence I’m Aware Of Concerning Staff-Mediated Back-Room Collusion Between City Council Members — Suggests Brown Act Violations On A Massive Scale — Consistent With Serial Meetings Coordinated Via Council Staff — Contributes To A Theory Of Staged City Council Debates Invariably Ending In Yet Another Unanimous Vote — At Very Least Yields Many Potentially Fruitful Leads For Future CPRA Requests →

Brown Act Pragmatics, Business Improvement Districts

Latest Episode In The Brown Act Enforcement Project Targets Pacific Palisades BID For Secret Email Meeting Violation — They Do This Kind Of Thing All The Time But They’re So Incredibly Slow To Respond To CPRA Requests That I’ve Never Caught Them Within The Nine Month Enforcement Window — Until Now! — Smarmy Caruso Puppet And Self-Proclaimed Board Member Rick Lemmo Channels Donald Trump Even As He Aids And Abets Brown Act Violations — Typical! — Sad!

October 21, 2018 Mike Leave a comment

Yesterday morning the Pacific Palisades BID became the third lucky winner in our ongoing Brown Act enforcement project, following in the hallowed footsteps of the Byzantine Latino Quarter BID and the Studio City BID after them. I sent the BIDdies this demand letter, based as usual on the Brown Act at §54960.2, which gives civic outlaws like the Palisades BIDdies the chance to avoid getting sued back to the Stone Age by issuing an unconditional commitment never to break the same law again no more.

The Byzantinios caved and issued such a letter, and the Studio Citizens did too, at least with respect to three out of the four violations of which I accused them.²⁷ And there’s a reasonable chance that the Palisadesean BIDdies will cave as well, in the fierce face of my ferociously convincing rhetoric. But maybe they won’t, cause BID boss Elliot Zorensky is a stone cold psychopath whose anger, it seems, has so far overmastered his prudence that he will cheerfully drown his own metaphorical babies merely in the hope of splashing some metaphorical bathwater on the metaphorical silken neckties of his quite literal enemies. Hard core, yes. Sustainable? Certainly not.

And of course, to faithful readers of this blog the fact that the Palisadeseans have violated the Brown Act won’t even seem like news. They are locally famous for scoffing in the face of the Brown Act. There was that time in January 2016 when they went and held a vote by email, and that other time in April 2016 when they went and held a vote over the telephone, and that other other time in April 2016 when Sue Pascoe of the Palisades News had the damn nerve to tell Laurie Sale that the Brown Act required them to post their damn agendas where people could see them and Laurie Sale flipped out and cried on Rick Scott’s shoulder all night long.

But the problem with all those episodes in relation to the enforcement project is that good old §54960.2 requires one to start the legal process with a demand letter sent within nine months of the violation. I made my first CPRA request of the PPBID in January 2017 but because they’re a bunch of law-flouting privilege monkeys, they didn’t hand over many if any records until July 2018,²⁸ so that the Brown Act enforcement deadlines for all those 2016 violations were past before I even learned of them.

However, in that steaming heap of records that Elliot Zorensky handed over to me in July²⁹ there was a crucial exchange of emails between Board members that adds up to a big fat violation of the Brown Act at §54952.2(b)(1), which says:

A majority of the members of a legislative body shall not, outside a meeting authorized by this chapter, use a series of communications of any kind, directly or through intermediaries, to discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the legislative body.

And not only that, but the conversation took place in May 2018, so we are well within the nine month deadline. And it’s that conversation, the details of which are interesting in themselves and are to be found after the break, that forms the basis of today’s demand letter. The BID now has thirty days to respond or else we’re going to court, and you will read all about it here if you want to!
Continue reading Latest Episode In The Brown Act Enforcement Project Targets Pacific Palisades BID For Secret Email Meeting Violation — They Do This Kind Of Thing All The Time But They’re So Incredibly Slow To Respond To CPRA Requests That I’ve Never Caught Them Within The Nine Month Enforcement Window — Until Now! — Smarmy Caruso Puppet And Self-Proclaimed Board Member Rick Lemmo Channels Donald Trump Even As He Aids And Abets Brown Act Violations — Typical! — Sad! →

Brown Act Pragmatics, Business Improvement Districts

Studio City BID Holds Special Board Meeting — Capitulates To Demand Letter — Votes 7 to 1 To Issue Unconditional Commitment To Stop Violating The Freaking Brown Act — Hires Bradley & Freaking Gmelich At $400 Per Hour To Advise And Write Response For Them — Ben Besley Reads The Motion Like A Robot — Michael Sitkin Then Proceeds To Violate The Brown Act In A Whole New Way — Watch For New Demand Letter Coming Soonish!

October 16, 2018 Mike Leave a comment

Ah, the Studio City Business Improvement District! As you may recall, a few weeks ago I sent them a demand letter insisting that they stop violating the damn Brown Act by requiring ID to get into their meetings, by not describing their closed session business adequately, by failing to reconvene in open session after a closed session, and by discussing issues by email outside of an open meeting. You can read the actual letter here if you are so inclined.

This project is based on the Brown Act at §54960.2, which allows the BID to avoid litigation by issuing an unconditional commitment never again to violate the particular sections of the law in contention.³⁰ One of the interesting aspects of this section is that it requires the BID to approve the sending of the letter in an open session of a publicly noticed meeting,³¹ and that’s just what the BID did yesterday! You can watch a video of the whole meeting, all eleven minutes of it, here on YouTube or if you prefer here on Archive.Org.

I don’t have an actual letter from the BID in hand yet, so I’m going to refrain from commenting on or speculating about what it’s going to contain. You can watch Ben Besley make the motion here and he goes on to describe what the letter will be about. Also watch Mike Sitkin ask for clarification and then watch as Dr. John Walker Ph.D. explains everything exactly wrong!

This bit is worth transcribing, and you can find not only that, but a bunch of other interesting stuff after the break! Not least is the episode where after the Board votes to commit to not violating the Brown Act in those specific ways in the future, they go ahead and violate it in a whole new way! Gonna send them another letter quite soon! After I have this one in the bag, that is.
Continue reading Studio City BID Holds Special Board Meeting — Capitulates To Demand Letter — Votes 7 to 1 To Issue Unconditional Commitment To Stop Violating The Freaking Brown Act — Hires Bradley & Freaking Gmelich At $400 Per Hour To Advise And Write Response For Them — Ben Besley Reads The Motion Like A Robot — Michael Sitkin Then Proceeds To Violate The Brown Act In A Whole New Way — Watch For New Demand Letter Coming Soonish! →

Brown Act Pragmatics, Business Improvement Districts

Latest Episode In The Brown Act Enforcement Project Targets Studio City BID For Three Violations — Most Importantly They Require An ID And Permission From The BID To Attend Meetings — Also They Totally Screwed Up Closed Session Requirements — And Also They Deliberate Via Email Just Like The Byzantine BIDdies — So I Fired Off Another Demand Letter — Now We Wait Thirty Days To See If They Capitulate!

September 29, 2018 Mike Leave a comment

Last week I attended my first meeting of the Studio City BID‘s board of directors, and what a fiasco, friends! Aggressively clueless board member Matthew Dunn walking out because I was filming him and so on. But I put off telling you about the most interesting parts! Which is why I’ve gathered you all here this morning! You see, the BID violated the Brown Act in two very serious ways at the meeting.

First of all, the BID holds its meetings inside CBS Studio Center,³² It not only requires an ID to get in there and the registration of one’s name and an image of one’s driver’s license, but also convincing a hostile security guard who thinks BID meetings aren’t open to the public and some other problems. All together these are, of course, violations of the Brown Act at §54953.3, which states unequivocally that:

A member of the public shall not be required, as a condition to attendance at a meeting of a legislative body of a local agency, to register his or her name, to provide other information, to complete a questionnaire, or otherwise to fulfill any condition precedent to his or her attendance.

We’ve seen exactly this kind of thing with BIDs around the City, who hold their meetings in so-called secure buildings, where IDs are required by the property owners rather than the BID itself. E.g. in October 2014, the very same month I founded this blog, Kerry Morrison and her Central Hollywood Coalition were guilty of this. More recently, in April I reported the South Park BID to the LA County DA for violating this exact provision. The universal excuse seems to be that it’s legal for the property owner to require ID, just not the BID.

Of course, the plain language of the statute shows that that argument is entirely fallacious. The law doesn’t say anything about who’s not allowed to require ID, so therefore no one is allowed to require ID. And because, as you know, I haven’t gotten much if any satisfaction from the LA County DA on Brown Act violations, I have decided to take matters into my own hands and use the provisions in the law which allow private citizens to enforce it.

I kicked off this project last month with a demand to the Byzantine Latino Quarter BID which was entirely successful, at least so far, in that the BID caved entirely and unconditionally agreed never ever ever to violate the law again. And the Studio City ID and name registration requirement is a perfect test case for the enforcement of §54953.3. Thus did I fire off this demand letter to BID secretary Gilbert Stayner yesterday afternoon, making Studio City the honored second participant in my private Brown Act enforcement project. They have thirty days to capitulate, and if they don’t, we’re off to Superior Court!³³

And Brown Act violations are like cockroaches in the usual cliched sense, and this case is no exception to that rule. The BID also seriously messed up its closed session, which of course I added to the demand, and there was a little problem in May 2018 involving them deliberating via email, which I also added. The first of these is highly technical and the second is fairly repetitious, so I put all the details after the damn break!
Continue reading Latest Episode In The Brown Act Enforcement Project Targets Studio City BID For Three Violations — Most Importantly They Require An ID And Permission From The BID To Attend Meetings — Also They Totally Screwed Up Closed Session Requirements — And Also They Deliberate Via Email Just Like The Byzantine BIDdies — So I Fired Off Another Demand Letter — Now We Wait Thirty Days To See If They Capitulate! →