Tag Archives: LAMC 49.5.5(A) Project

November 2020 — LAPD Constitutional Policing Boss Lizabeth Rhodes Wrote A Top Secret Memo To Police Commission Boss Richard Tefank About Public Records Requests From Stop LAPD Spying — I Have A Copy Of The Top Secret Memo For You! — And Also It’s So Full Of Bullshit And Lies That It Amounts To A Violation Of LAMC 49.5.5 — Which Is Why This Morning I Reported Rhodes And Her Co-Conspirators Marla Ciuffetelli And Bryan Lium To The Ethics Commission — And Here Is A Copy Of The 118 Page Report For You Also!

February 4, 2021 Mike Leave a comment

This post is about a confidential memorandum from LAPD Constitutional Policing director Lizabeth Rhodes to Police Commission ED Richard Tefank about a request made by Hamid Khan of Stop LAPD Spying under the California Public Records Act. It’s also about a series of violations of LAMC 49.5.5 by Rhodes and LAPD officers Marla Ciuffetelli and Bryan Lium based on their biased handling of various requests for records and a complaint against all three of them that I filed this morning with the Los Angeles Ethics Commission. If you don’t want to read the whole thing here are the two main documents involved:

🙨 Lizabeth Rhodes’s confidential memorandum

🙨 Complaint against Rhodes, Ciuffetelli, and Lium

The Los Angeles Police Department has something called the Office of Constitutional Policing and Policy. It sounds like pernicious crapola and pernicious crapola is precisely what it is. Forced upon LAPD by the 2000 consent decree, over the years the cops have used their cop superpowers to thoroughly weaponize OCPP against the people of Los Angeles. Just for instance, let’s talk about about Hamid Khan of Stop LAPD Spying, about the California Public Records Act, about a letter Khan sent to the Police Commission in August 2020 about LAPD’s refusal to comply with the law, and about Lizabeth Rhodes, the hard-nosed criminal lawyer in charge of OCPP.¹

In September 2019 Khan filed a CPRA request with LAPD. LAPD, of course, will not comply with the CPRA² at all, and they especially won’t comply for the likes of Khan. Khan wrote to the Police Commission about it on August 31, 2020 and then complained in person during public comment on October 6, 2020. Khan’s remarks apparently prompted Commissioner Dale Bonner to wonder if maybe, just maybe, there might be some substance to his complaint. Consequently criminal lawyer Rhodes wrote a top-secret highly confidential memorandum, which I just happen to have an actual copy of, to Commission Executive Director Richard Tefank.

This remarkable document is packed with lies and bullshit to a degree hitherto unseen even from the LAPD, an organization which has been growing fat on lies and bullshit for well over a century. It is worth discussing in great detail. Before I do that, though, don’t forget about LAPD officer Marla Ciuffetelli, who runs the CPRA unit, and who violates LAMC 49.5.5 by prioritizing CPRA requests from some reporters and absolutely obstructing requests from other reporters. Also don’t forget about Bryan Lium, Ciuffetelli’s boss, who violates LAMC 49.5.5 in exactly the same way.

Rhodes’s memorandum also violates LAMC 49.5.5, so this morning I filed a complaint against all three of these thuggish scofflaws with the City Ethics Commission, and if anything comes of it I will certainly let you know! Meanwhile, read on for a detailed discussion of Rhodes’s dishonest nonsense! Presented as a dramatic dialogue no less!!
Continue reading November 2020 — LAPD Constitutional Policing Boss Lizabeth Rhodes Wrote A Top Secret Memo To Police Commission Boss Richard Tefank About Public Records Requests From Stop LAPD Spying — I Have A Copy Of The Top Secret Memo For You! — And Also It’s So Full Of Bullshit And Lies That It Amounts To A Violation Of LAMC 49.5.5 — Which Is Why This Morning I Reported Rhodes And Her Co-Conspirators Marla Ciuffetelli And Bryan Lium To The Ethics Commission — And Here Is A Copy Of The 118 Page Report For You Also! →

LAPD, Public Records Act Pragmatics

In June 2020 LAPD Took Only 26 Days To Produce 60 Pages Of Michel Moore’s Text Messages In Response To A CPRA Request From Investigative Reporter Aura Bogado — Which Is So Fast It’s Unbelievable — Bogado Attributed Their Speedy And Complete Response To Her Litigious Reputation And Some Specific Phrases She Included In The Request — But We All Know From Experience LAPD Doesn’t Care About That At All — They Get Sued Successfully All The Time — And I’ve Seen No Evidence That They Care How Requests Are Written — It Turns Out That Bryan Lium — Commander Of LAPD’s Legal Affairs Division — Took A Special Interest In Bogado’s Request And Emailed Richard Tefank About Eleventy-Jillion Times To Hurry It Along — Which Is Actually Why It Got Filled Fast — Meanwhile Lium Tells Everyone That Stop LAPD Spying’s Requests Will Just Have To Wait Because They Have To “Balance” Them With Other Requests — Where “Balance” Apparently Means “Ignore Completely”

January 10, 2021 Mike 2 Comments

On June 30, 2020, investigative reporter Aura Bogado tweeted a thread about text messages sent or received by LAPD Chief Michel Moore during the June 2, 2020 meeting of the Los Angeles Police Commission. Bogado obtained these on June 29, 2020 as a result of a June 3, 2020 NextRequest filing.³

As you may know, I’ve had some trouble getting the Los Angeles Police Department to even respond to my CPRA requests, let alone to actually produce significant records quickly enough to be useful. So I asked Bogado how she’d done it, but it turned out that she had no idea whatsoever, although she thought she understood. Here’s what she had to say:

I did a standard CPRA to police records; made sure to include why I thought the records existed (Soboroff lifted his phone to the camera at some point) and also included that the request was subject to litigation if I didn’t get a response. I sue, and win, but that’s usually with the federal gov (I cover im/migration nationally) so I think this was part of the motivation to take my request seriously.

Continue reading In June 2020 LAPD Took Only 26 Days To Produce 60 Pages Of Michel Moore’s Text Messages In Response To A CPRA Request From Investigative Reporter Aura Bogado — Which Is So Fast It’s Unbelievable — Bogado Attributed Their Speedy And Complete Response To Her Litigious Reputation And Some Specific Phrases She Included In The Request — But We All Know From Experience LAPD Doesn’t Care About That At All — They Get Sued Successfully All The Time — And I’ve Seen No Evidence That They Care How Requests Are Written — It Turns Out That Bryan Lium — Commander Of LAPD’s Legal Affairs Division — Took A Special Interest In Bogado’s Request And Emailed Richard Tefank About Eleventy-Jillion Times To Hurry It Along — Which Is Actually Why It Got Filled Fast — Meanwhile Lium Tells Everyone That Stop LAPD Spying’s Requests Will Just Have To Wait Because They Have To “Balance” Them With Other Requests — Where “Balance” Apparently Means “Ignore Completely” →

Los Angeles City Council, Los Angeles City Government, Public Records Act Pragmatics

CD15 PR Flack Amy Gebert Told Me In 2019 That It Would Take Her 21 Months To Produce 10,000 Pages Of Emails — Where “Produce” Means To Print 200 Pages On Paper Every Six Months — And Then Scan Them To Gigantic Unsearchable PDFs In Random Order — And To Deny That CD15 Is Able To Produce Emails Any Other Way — Which Actually Is A Lie Since ITA Will Produce Any Quantity Of Emails In MBOX Format For Any City Department That Asks Them To — And Deputy City Attorney Bethelwel Wilson Apparently Advised Her To Lie In Precisely This Way — I Have Neither Time Nor Capacity To Sue The City For Every One Of Its Hundreds Of CPRA Violations — And That Doesn’t Help Against Lawyers Anyway — So I Filed A Complaint With The Ethics Commission — Against Both Of These Miscreants — For Misusing Their Positions To Create A Private Disadvantage For Me — A Violation Of LAMC 49.5.5(A) — And You Can Get A Copy Of The Complaint Right Here!

August 27, 2020 Mike Leave a comment

TL;DR I filed a complaint with the Ethics Commission against CD15 staffer Amy Gebert and Deputy City Attorney Bethelwel Wilson and you can get a copy of it right here.

In June 2019 I asked Joe Buscaino’s PR flack Amy Gebert for some emails. After wasting three months on bad-faith arguments she agreed to produce 10,000 pages by April 2021. In March 2020 she produced the first two hundred⁴ pages, printed out on paper, in an untidy stack, and told me I’d have to pay $0.10 per page to obtain copies.

Then earlier this month she produced another few hundred pages, many not even responsive, although this time she printed them on paper and scanned them to PDFs for me.⁵ When I asked her to follow the law and produce them as MBOX files she lied and told me that CD15 didn’t have the technical capacity to do that. Bethelwel Wilson of the City Attorney’s Office apparently told her to use that excuse.
Continue reading CD15 PR Flack Amy Gebert Told Me In 2019 That It Would Take Her 21 Months To Produce 10,000 Pages Of Emails — Where “Produce” Means To Print 200 Pages On Paper Every Six Months — And Then Scan Them To Gigantic Unsearchable PDFs In Random Order — And To Deny That CD15 Is Able To Produce Emails Any Other Way — Which Actually Is A Lie Since ITA Will Produce Any Quantity Of Emails In MBOX Format For Any City Department That Asks Them To — And Deputy City Attorney Bethelwel Wilson Apparently Advised Her To Lie In Precisely This Way — I Have Neither Time Nor Capacity To Sue The City For Every One Of Its Hundreds Of CPRA Violations — And That Doesn’t Help Against Lawyers Anyway — So I Filed A Complaint With The Ethics Commission — Against Both Of These Miscreants — For Misusing Their Positions To Create A Private Disadvantage For Me — A Violation Of LAMC 49.5.5(A) — And You Can Get A Copy Of The Complaint Right Here! →

LAPD, Municipal Ethics, Public Records Act Pragmatics

I Asked LAPD For Copies Of Their Official Podcast — LAPD Discovery Boss Kris Tu Refused To Hand Them Over — And Then Made Up A Bunch Of Obvious Lies About Why He Could Not Produce And Was Not Required To — And Then Told Me Actually He Could Produce Two Of Them — But I Would Have To Pay Five Dollars For A CD — Which He Would Mail To Me Or I Could Pick It Up In Person — All Of Which Is Not Only A Violation Of The CPRA — But Also Of The Los Angeles Governmental Ethics Laws — So I Filed A Complaint Against Him With The City Ethics Commission — And Also With His LAPD Supervisor — I Am Hoping That Such Complaints Will End Up Being An Alternate CPRA Enforcement Mechanism In The City Of Los Angeles

August 2, 2020 Mike Leave a comment

UPDATE: This story is about my attempt to get copies of 24 episodes of an LAPD podcast. LAPD has so far refused to produce them to me but I independently found a way to download them from the Department’s podcast host. I uploaded all 24 to the Internet Archive and you can get copies at this link.

This is a story about two things. First, yet another instance of the Los Angeles Police Department violating the California Public Records Act in yet another completely novel way.⁶ Second, about a new tactic I thought of to enforce CPRA compliance by the City of Los Angeles in general and LAPD in particular, that I am trying out for the first time.

The idea is that some of the City’s violations of the CPRA are specifically designed to hinder me personally and that this is a violation of LAMC 49.5.5, which forbids misuse of official position to create a private disadvantage. On Friday, July 31, 2020, I filed a complaint against LAPD Discovery supervisor Kris Tu on this basis. Read on for details!
Continue reading I Asked LAPD For Copies Of Their Official Podcast — LAPD Discovery Boss Kris Tu Refused To Hand Them Over — And Then Made Up A Bunch Of Obvious Lies About Why He Could Not Produce And Was Not Required To — And Then Told Me Actually He Could Produce Two Of Them — But I Would Have To Pay Five Dollars For A CD — Which He Would Mail To Me Or I Could Pick It Up In Person — All Of Which Is Not Only A Violation Of The CPRA — But Also Of The Los Angeles Governmental Ethics Laws — So I Filed A Complaint Against Him With The City Ethics Commission — And Also With His LAPD Supervisor — I Am Hoping That Such Complaints Will End Up Being An Alternate CPRA Enforcement Mechanism In The City Of Los Angeles →

Homeless Issues, Los Angeles City Council, Municipal Ethics, Venice

Remember How CD11 Staffie Taylor Bazley Helped Mark Ryavec And The Rest Of His Psychopathic Housedwelling Venice Klown Kar Krew Install Illegal Planters By Asking Brian Buchner To Call In A Sweep? — Well He Did — And This Morning I Turned Him In To The Ethics Commission For Doing It — Get A Copy Of The Complaint Right Here!

May 28, 2019 Mike Leave a comment

Quick update time! Psychopathic homeless-hating housedwellers in Venice have been illegally dropping anti-encampment planters all over the damn place. I obtained some emails via the California Public Records Act that proved that Mark Ryavec, Carlos Torres and assorted other members of their fashy little beerhall fight clubs, the Venice Stakeholders Association and Venice United, were behind the planters with the avid assistance of a bunch of LAPD cops and Taylor Bazley, who is Mike Bonin‘s field deputy for Venice.

Then I turned all the cops in to LAPD Internal Affairs since cops are supposed to enforce the law rather than help a bunch of zillionaires violate the law. But that move, as satisfying as it was, left smarmy little creepy little avid little licker of the dung-encrusted boots of zillionaires Taylor Bazley unreported anywhere for anything to do with his part in the ongoing civic tragedy that is the connivance of our City officials with these illegal planter-placers. Which is a gap in the cosmic order that could not allowed to remain!

And thus, this very morning, I filed a complaint against Bazley with the Los Angeles Ethics Commission. The facts are the same as in the above-mentioned complaint against the cops, but the violations alleged are different because Bazley, at least as far as we know, is not a cop, so he has fewer restrictions on his relations with lawbreaking.
Continue reading Remember How CD11 Staffie Taylor Bazley Helped Mark Ryavec And The Rest Of His Psychopathic Housedwelling Venice Klown Kar Krew Install Illegal Planters By Asking Brian Buchner To Call In A Sweep? — Well He Did — And This Morning I Turned Him In To The Ethics Commission For Doing It — Get A Copy Of The Complaint Right Here! →

Business Improvement Districts, LAPD, Municipal Ethics

Eddie Guerra Update Finally! — He’s The Cop Who Took A Personal Check In 2016 For $400 From The Media District BID Ostensibly For Some Charity — And Then I Wrote About It In January 2017 — And Filed A Complaint With The Ethics Commission — Who Didn’t Do Anything As Usual — But Cory Palka Read That Blog Post! — And Told Now-Chief Michel Moore! — And Guerra Was Moderately Busted! — And I Just Found This Out Because It Took The LAPD Two Freaking Years To Fulfill My CPRA Request — And A Special Surprise! — Cory Palka Uses A Private Email Address To Conduct City Business!

January 7, 2019 Mike Leave a comment

In the Fall of 2016 LAPD officer Eddie Guerra asked the Hollywood Media District BID to give him $400 ostensibly for some charity. He asked by return email right after they thanked him for getting rid of some homeless people at their express request. Context matters, and this struck me as particularly shady, so I did three things. First, I turned Officer Guerra into the Ethics Commission for violating LAMC 49.5.5(a), which forbids misusing public power for private gain. Second, I wrote a blog post about the incident. And third, I made a request to the LAPD for more records.

And because the LAPD is slow as paint when it comes to filling CPRA requests they didn’t get back to me until two years later on December 31, 2018,⁷ when they sent me this little spool of puckey in response. And, as is often the case with released records, most of them are completely worthless or else I already had them. But, as is also often the case with released records, some of this material was really essential!

Just, for instance, take a look at this series of emails between Hollywood mega-muckety Cory Palka, friend of white supremacists and of scientologists, and his superior officers, including now-chief Michel Moore, wherein Palka sends links and gives credit to this very blog (!) for breaking the story of Guerra’s misfeasance and they end up recommending a 1.28, which is evidently some kind of LAPD complaint form. Michel Moore, the current chief of police, agreed and then said that “corrective action/training/counseling is warranted.”

Oh, snap, amirite?! Now that I know he reads this blog and sends links to future chiefs of police, well, next goal, get @CoryPalka to follow me on Twitter! And amazingly enough, Cowboy Cory Palka is revealed by these emails to use the private email address cpalka@me.com to conduct City business, which puts him in the august company of Mitch O’Farrell, David Ryu, Gil Cedillo, and (spoiler alert) Paul Koretz!⁸ You will definitely be hearing more about this, but not necessarily soon.

Anyway, turn the page for transcriptions of all the emails including, of course, Cory Palka’s suprisingly lucid summary of the situation and shout-out to your very own MK.Org!
Continue reading Eddie Guerra Update Finally! — He’s The Cop Who Took A Personal Check In 2016 For $400 From The Media District BID Ostensibly For Some Charity — And Then I Wrote About It In January 2017 — And Filed A Complaint With The Ethics Commission — Who Didn’t Do Anything As Usual — But Cory Palka Read That Blog Post! — And Told Now-Chief Michel Moore! — And Guerra Was Moderately Busted! — And I Just Found This Out Because It Took The LAPD Two Freaking Years To Fulfill My CPRA Request — And A Special Surprise! — Cory Palka Uses A Private Email Address To Conduct City Business! →

Business Improvement Districts, Municipal Ethics

Latest Entry in LAMC 49.5.5(A) Project: Hollywood Media District BID Seems To Have Paid LAPD Hollywood Division SLO Eddie Guerra $400 In Exchange For Homeless Encampment Cleanups (Ostensibly As A Charitable Donation), But Why Was The Check Made Out To Him Personally?

January 10, 2017 Mike Leave a comment

Eddie Guerra, kicking ass and taking checks from the Media District BID, $400 at a time.

How much does a private nonprofit organization have to pay an LAPD officer in exchange for him running off some homeless people who are having a barbecue on the sidewalk and scaring the neighborhood zillionaires? Newly received evidence suggests that the going rate is $200 per running-off incident.

It has been more than two months since the last entry in our ongoing LAMC 49.5.5(A) project, in which we report various City employees to the Ethics Commission in an attempt to discover exactly what the most fascinating ordinance ever,⁹ LAMC 49.5.5(A), actually prohibits. It’s high time for another report, and this is it. First, recall what the law actually says:

City officials, agency employees, appointees awaiting confirmation by the City Council, and candidates for elected City office shall not misuse or attempt to misuse their positions or prospective positions to create or attempt to create a private advantage or disadvantage, financial or otherwise, for any person.

Our story begins with a six-month long email chain between Hollywood Division Senior Lead Officer Eddie Guerra and a number of people associated with the Media District BID about scary sidewalk-barbecuing homeless people:
Continue reading Latest Entry in LAMC 49.5.5(A) Project: Hollywood Media District BID Seems To Have Paid LAPD Hollywood Division SLO Eddie Guerra $400 In Exchange For Homeless Encampment Cleanups (Ostensibly As A Charitable Donation), But Why Was The Check Made Out To Him Personally? →

CD13, Municipal Ethics

CD13 Field Deputy Aram Taslagyan’s Homeless Encampment Cleanup For Property Manager Bryan Kim Is Latest Entry In Our LAMC 49.5.5(A) Project

October 29, 2016 Mike Leave a comment

Council District 13 Field Deputy Aram Taslagyan.

This evening I’m pleased to present the third installment in our ongoing LAMC 49.5.5(A) project, in which we report various City employees to the Ethics Commission in an attempt to discover exactly what the most fascinating ordinance ever,¹ LAMC 49.5.5(A), actually prohibits. It says:

City officials, agency employees, appointees awaiting confirmation by the City Council, and candidates for elected City office shall not misuse or attempt to misuse their positions or prospective positions to create or attempt to create a private advantage or disadvantage, financial or otherwise, for any person.

Now, if you’ve been following the saga of Bryan Kim and Aram Taslagyan here on this blog,¹⁰ you’ll have noted these essential elements of the story:
Continue reading →

Municipal Ethics

Administrative Law Judge Samuel Reyes Finds That Jim Parker Violated LAMC 49.5.5(A) As Alleged By City Ethics Commission, Which Is A Good Sign For Our Ongoing Project

October 19, 2016 Mike Leave a comment

You can find a good summary of the background to this post by Jasmyne Cannick on her most excellent blog or by Kate Mather writing in the L.A. Times.

Maybe you remember that former LAPD Sergeant Jim Parker was charged by the City Ethics Commission with violating LAMC 49.5.5(A) based on his release of an audio tape proving that charges of racial profiling by actress Daniele Watts were fabricated. Well, today administrative law judge Samuel Reyes issued a proposed decision in the matter, where “proposed” seems to mean that the Ethics Commission has the power to reject it if they want to. He found Parker not guilty of some of the charges, but, importantly for our purposes, guilty of violating LAMC 49.5.5(A):

Respondent¹¹ was in possession of the audiotape by virtue of his position as an LAPD sergeant. Since he released the recording to TMZ in violation of LAMC section 49.5.3, the disclosure constitutes “misuse” under LAMC section 49.5.5, subdivision (A). Respondent released the audiotape to defend himself and LAPD against allegations of racial profiling. The release created a private advantage for Respondent, as it protected his reputation against allegations of racism.

And maybe you recall our LAMC 49.5.5(A) project, in which we are filing complaints against various City employees for what seem to us to be violations of this law, in an effort to, not only get them to stop their bad behavior, but to find ways for citizens to force City employees to do their duty by utilizing already-existing City agencies, laws, and processes rather than having to hire lawyers for everything. This is a good sign for our success, and there’s more detail on this after the break.
Continue reading Administrative Law Judge Samuel Reyes Finds That Jim Parker Violated LAMC 49.5.5(A) As Alleged By City Ethics Commission, Which Is A Good Sign For Our Ongoing Project →

Municipal Ethics, Venice Beach BID

Chad Molnar’s Explicit Refusal To Comply With The California Public Records Act Provides Raw Material For The Latest Installment In Our LAMC 49.5.5(A) Project

October 14, 2016 Mike 4 Comments

Chad Molnar is Mike Bonin's campaign treasurer and also does odd jobs of some sort around the Council District offices. — Chad Molnar is Mike Bonin’s campaign treasurer and also does odd jobs of some sort around the Council District offices.

A couple of days ago I announced MK.Org’s latest project, which aims to experimentally determine the scope of the extraordinary LAMC 49.5.5(A), which states, rather succinctly, that:

City officials, agency employees, appointees awaiting confirmation by the City Council, and candidates for elected City office shall not misuse or attempt to misuse their positions or prospective positions to create or attempt to create a private advantage or disadvantage, financial or otherwise, for any person.

Anyway, today’s episode involves the California Public Records Act and Mike Bonin’s Chief of Staff, Chad Molnar. Since August, I’ve been making CPRA requests of CD11. At first they more or less complied with the law, but after the chaos at the first Council hearing in August and the subsequent humiliation caused by the City’s having to redo the whole BID approval process, they completely stopped complying.

In fact, they not only stopped complying, but when I wrote to them asking them if they were going to comply, Chad Molnar wrote back with one of the most extraordinarily confused responses I’ve ever received to a CPRA status request. He not only agreed that they hadn’t complied, but he said explicitly that they weren’t going to comply, and that he believed that they did not have to comply because to comply would make their constituents suffer, and he didn’t think that the intent of CPRA was to make their constituents suffer. I’m not kidding, that’s what he said. Read it yourself, and turn the page for more of my amateurish legal theories, and another complaint!
Continue reading Chad Molnar’s Explicit Refusal To Comply With The California Public Records Act Provides Raw Material For The Latest Installment In Our LAMC 49.5.5(A) Project →