Tag Archives: Government Code 54954.5

The Downtown Center BID Is The Latest In A Long Line Of BIDs To Change Up A Brown-Act-Deficient Agenda In Response To My Freely Offered Amateur Criticism — Someday, Lord, And It Won’t Be Long, All These Damn BIDs In Los Angeles Are Just Gonna Follow The Damn Law Right From The Start — In My Dreams, Anyway

October 4, 2018 Mike Leave a comment

It’s quite a common occurrence around here for some random BID to send out yet another completely freaking illegal agenda or violate some other major requirement of the Brown Act and then, because I can’t send demand letters to all of them, I just drop them a friendly note and they, because you can’t argue with the truth, just go ahead and fix the damn agenda.

This is a useful pastime for all concerned. The BIDs get a free and easy lesson in how to follow the damn law,¹ I get to write a blog post on the episode,² and you, the faithful reader, get to hear about yet another technical violation of the Brown Act, which is really edumacational and why else is anyone even reading this damn blog if not to be edumacated? So like for instance the South Park BID does this on a regular basis, and the Venice BID has had an episode as well.

Oh, and I know I said above that you can’t argue with the truth, but actually the baddest BIDdies of them all of the moment, that unhinged flashmob of sick chuckleheads³ known to all students of BIDology as the Studio City BID, famous for having board members whose consciences are so guilty that they will not allow themselve to appear on camera, can in fact argue with the truth.⁴ This is why, after they refused to consider my friendly admonition that they were really blowing it with respect to the Brown Act, I had to send them a demand letter.⁵

But those Studio City-zens are the exception rather than the rule. Which brings us to today’s episode.⁶ It seems that on Monday, October 1, 2017, I received this agenda for a meeting of the Downtown Center BID’s executive committee, scheduled for yesterday morning. Thereon appeared this item:

IV. CLOSED SESSION
a. Personnel Matters, California Government Code §54957(b)(1) (ACTION) WOLK

And, you know, this is better than some attempts at describing closed sessions I’ve seen. At least they cited an actual code section as justification for closing it, which is more than many BIDdies will do. But it’s still not good enough, not nearly. These BIDdies gotta learn that a basic principal of the Brown Act is that what they say in a closed session might get to be a secret but what they’re doing in there rarely does. Read on for the gory details and what happened next!
Continue reading The Downtown Center BID Is The Latest In A Long Line Of BIDs To Change Up A Brown-Act-Deficient Agenda In Response To My Freely Offered Amateur Criticism — Someday, Lord, And It Won’t Be Long, All These Damn BIDs In Los Angeles Are Just Gonna Follow The Damn Law Right From The Start — In My Dreams, Anyway →

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,⁷ 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!⁸

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! →

Venice Beach BID

I Don’t Need To Read BIDs The Riot Act — I Just Read ‘Em The Brown Act — Cause They Sure Ain’t Reading It For Themselves — This Week It’s The Venice Beach BID Revising Everything At The Last Minute Just Cause I Told ‘Em To!

June 10, 2018 Mike Leave a comment

We’ve seen over and over and over again that for the life of them the business improvement districts of Los Angeles just cannot follow the damn Brown Act. There was that time in February when the South Park BID messed up their agenda and then revised it cause I said to, and then there was that other time when the South Parkies messed up their teleconferencing methodology and now they don’t even offer teleconferencing any more cause I pointed out their violation.

And then there was the Los Feliz Village BID episode where they illegally discussed tee shirts and got admonished by the DA, and the East Hollywood BID teleconferencing episode, and South Park again, checking IDs illegally, and Sunset-Vine checking IDs illegally, and the damn Central City East Association, which cannot even stick to their agenda, which is illegal.

And a favorite topic of conversation around the campfire here at MK Dot Org secret headquarters is why it is that the BIDs, who have all the money and all the lawyers that anyone who was inclined to follow the law might need to allow them to do so, nevertheless can’t get this simple thing right. Over and over and over again they violate the Brown Act. We don’t have any definitive answers for you,⁹ but maybe it’s comforting to know we’re talking about it?

And this very morning, friends, the Venice Beach BID became the latest to join this illustrious roster. Turn the page for the lurid details!
Continue reading I Don’t Need To Read BIDs The Riot Act — I Just Read ‘Em The Brown Act — Cause They Sure Ain’t Reading It For Themselves — This Week It’s The Venice Beach BID Revising Everything At The Last Minute Just Cause I Told ‘Em To! →