Tag Archives: Lobbying

Business Improvement Districts, Municipal Ethics, Public Records Act Pragmatics

Experimental CPRA Request To San Francisco County Supervisor Aaron Peskin For Emails To/From Union Square BID Director Karin Flood On A Subject Found In Her Lobbying Disclosure Demonstrate The Utility Of Detailed Contact Reporting By Registered Lobbyists

September 16, 2017 Mike Leave a comment

One of the major issues in the currently ongoing process of revising this City’s Municipal Lobbying Ordinance has to do with the level of detail about their contacts with City officials that lobbyists should be required to disclose. Currently they don’t have to disclose much, but there’s a proposal on the table to require them to disclose each contact with a City official including which issue was discussed.

Naturally, the lobbyists hate this idea. Their big argument against it, which has, to their everlasting shame, been echoed by a number of Ethics Commissioners, is that this level of disclosure would require so much work that the entire lobbying industry in Los Angeles would be driven into bankruptcy. This, of course, is ridiculous, not least because, just for instance, our silicon-addled redheaded step-cousins up North in the City and County of San Francisco require precisely this information on their disclosure forms without, obviously, having driven the industry into the ground. It’s fascinating to look at these disclosures, by the way. Check out San Francisco’s lobbyist directory for links to all of it.¹

And one of the major arguments in favor of requiring lobbyists to disclose each contact with a City official and the issue discussed is that it would facilitate requesting records of the City via the California Public Records Act, and thus promote transparency. This is a great argument in the abstract, but concrete arguments are always more persuasive.² Oh, I forgot to mention it, but in San Francisco, BID staffers register as lobbyists, unlike in Los Angeles.³ So, in keeping with the blog’s BID theme, I thought I’d try out my little test on Karin Flood, executive directrix of San Francisco’s Union Square BID. Turn the page to find out what happened!
Continue reading Experimental CPRA Request To San Francisco County Supervisor Aaron Peskin For Emails To/From Union Square BID Director Karin Flood On A Subject Found In Her Lobbying Disclosure Demonstrate The Utility Of Detailed Contact Reporting By Registered Lobbyists →

Los Angeles City Government, Municipal Ethics

Video Of First Interested Persons Meeting Now Available — See John Howland And Bill Delvac Discuss Whether Neighborhood Council Assent Is Necessary For Development Projects (TL,DR: Yes). This Revelation Makes BID Control Of DLANC Seem Even More Unsavory Than It Already Did

September 8, 2017 Mike 1 Comment

Yesterday afternoon the Ethics Commission held the first in a series of three meetings to gather even more input from interested parties concerning proposed revisions to the Municipal Lobbying Ordinance. I recorded the whole thing for posterity and you can watch it here:

I’ll be commenting on this and the next meeting¹ from time to time, and today I just want to point out an interesting response from seasoned Los Angeles lobbyists John Howland and Bill Delvac² to an interesting question from Ethics Commission ED Heather Holt. One of the proposals on the table is a requirement that lobbyists report attempts to influence neighborhood councils in addition to the other City agencies they’re already required to disclose information about. In the context of this discussion, Holt asked the lobbyists:

Just out of curiosity, for development projects, is there a general sense that you need a neighborhood council buy-in for it to go anywhere?

In response to this, über-düber lobbyist John Howland smirked and emitted an inarticulate snort, seemingly in disbelief that the boss of the Ethics Commission could ask such a silly question, before saying “yes.” This response was echoed by Bill Delvac, with Howland interjecting the occasional assent:

BD: We’re happy when we get to neutral.
JH: Yeah. Well, yeah.
BD: [Unintelligible] … the Charter and the Code, they’re really not binding. But it matters more to some Councilmen [sic] than it does to others and often [unintelligible] you wanna get their support. I wouldn’t have written the Charter that way, but …

This interchange certainly supports the Ethics Commission’s proposal to subject lobbying directed at neighborhood councils to disclosure, and, interestingly, there didn’t seem to be any actual opposition to this proposal from the lobbyists. So maybe, no matter what gets compromised out of the rest of the proposals, this one will make it through the gauntlet, which is a good thing.³

And turn the page for a discussion of some potential implications, possibly as-yet unconsidered, of this proposal having to do with the fact that, probably uniquely among NCs, the DLANC has a ton of BID staffers on its board of directors.
Continue reading Video Of First Interested Persons Meeting Now Available — See John Howland And Bill Delvac Discuss Whether Neighborhood Council Assent Is Necessary For Development Projects (TL,DR: Yes). This Revelation Makes BID Control Of DLANC Seem Even More Unsavory Than It Already Did →

Municipal Ethics

In Defense Of Counting Neighborhood Councils As City Agencies In The Context Of The Municipal Lobbying Ordinance

September 6, 2017 Mike Leave a comment

As you may well know, the City Ethics Commission is in the process of revising the Municipal Lobbying Ordinance. The CEC’s policy staff, led by heroic and long-suffering director Arman Tarzi, has compiled a fantastically useful report on the proposals, and a series of three interested persons meetings are scheduled starting tomorrow to gather even more input.

Right now it looks like at least four of five Commissioners are leaning towards giving the lobbyists whatever random nonsense they request, so your comments and input are essential to the future of the City at this point. Whether or not you can attend any of the meetings, I hope you will be able to send comments to ethics.policy@lacity.org, probably before October 17, which is when the Commission is scheduled to discuss the matter. And I’m also writing posts on particular parts of the proposal which seem important. This one, on including neighborhood councils as City agencies for lobbying disclosure purposes, is the third in the series, and the other two are:

And read on for a description of the proposal and reasons to support it!
Continue reading In Defense Of Counting Neighborhood Councils As City Agencies In The Context Of The Municipal Lobbying Ordinance →

Announcements, Municipal Ethics

Ethics Commission To Hold Three Meetings Starting Next Week (September 7, 9, 13) To Gather More Input On Revision Of Municipal Lobbying Ordinance — Please Come To Comment!

August 30, 2017 Mike Leave a comment

City Hall is always being built and rebuilt, and we might as well lend a hand. Never forget that the stone that the builder rejected is become the head of the corner!

Maybe you recall that the Policy Staff of the City Ethics Commission is in the process of proposing revisions to the Municipal Lobbying Ordinance. The proposals were discussed at length at the Commission’s August 15 meeting and, after a bunch of self-serving and mostly mendacious public commentary from a bunch of lobbyists, the Commissioners basically, disgracefully, took the position that even though the staff had been seeking input on the proposals for 18 months, the lobbyists needed even more time to weigh in.

So in furtherance of this ridiculous but nevertheless not-to-be-ignored directive from the Commission, the Policy staff, led by the heroic and long-suffering Arman Tarzi, has scheduled three so-called interested persons meetings to gather even more input. If you were at the meeting you’ll have noticed that mostly only lobbyists commented.¹ The Policy staff sent out an email tonight announcing these meetings, and here they are, along with instructions for attending:

Thursday, September 7, 2017. 1:30pm – 3:30pm. City Hall, Room 1060 — This meeting is for a general discussion of the Municipal Lobbying Ordinance.
Saturday, September 9, 2017. 9:25am – 12:00pm. (Precise time & room TBD) — This meeting is also for a general discussion of the MLO. It is being held as part of the Congress of Neighborhood Councils and it is necessary to register for it separately.
Wednesday, September 13, 2017. 10:00am – 12:00pm. City Hall, Room 1070. — This meeting is to focus on input from the nonprofit community.

The Policy staff request that you RSVP for any of these meetings you plan to attend at ethics.policy@lacity.org. If you can’t attend a meeting you can also email your comments to the same address.

I hope to attend the first two, and I really hope that you and/or your friends can too. These revisions of the MLO are essential for improving government transparency and accountability in the City of Los Angeles, and if we let the lobbyists obstruct or eviscerate them, we’ll all be the worse for it. Turn the page for some links to and brief discussions of some of the essential issues.
Continue reading Ethics Commission To Hold Three Meetings Starting Next Week (September 7, 9, 13) To Gather More Input On Revision Of Municipal Lobbying Ordinance — Please Come To Comment! →

Municipal Ethics

In Defense Of Detailed Reporting Of Contacts Between Lobbyists And City Officials

August 23, 2017 Mike Leave a comment

On August 15 the City Ethics Commission met and discussed proposed changes to the Los Angeles Municipal Lobbying Ordinance. The Commissioners with one notable exception were disgracefully deferential to the trumped-up concerns of a bunch of lobbyists. You can read the full set of staff recommendations as well.

I hope everyone who cares about government ethics in Los Angeles will write comments to the Commission. I’m currently working on a series of my own positions, to be compiled and submitted as public comment. This post is the second in the series, and the previous item was In Defense of a Compensation-Based Registration Threshold for Lobbyists.

Today I’m defending the proposed change to a requirement that lobbyists report individual contacts with City officials by name and title. Right now there’s a super-minimal reporting requirement which is essentially ineffectual. As always, if you have no idea what I’m talking about, you’re not alone. Turn the page for an introduction to the issue and arguments in favor of making the change.
Continue reading In Defense Of Detailed Reporting Of Contacts Between Lobbyists And City Officials →

Municipal Ethics, Skid Row Neighborhood Council

Liner LLP And United DTLA Weren’t The Only Zillionaires Gunning For The Skid Row Neighborhood Council: On April 28, 2017, The Central City Association Amended Its Lobbyist Registration With The City Ethics Commission To Disclose Its Work Against The SRNC

July 1, 2017 Mike Leave a comment

Background: You can read my previous stories on the Skid Row Neighborhood Council formation effort and also see Jason McGahan’s article in the Weekly and Gale Holland’s article in the Times for more mainstream perspectives.

We’ve done a lot of reporting on lobbying efforts against the Skid Row Neighborhood Council formation effort, but until today it has focused entirely on Liner LLP, its ethics-free-zone-for-hire-in-human-form Rockard Delgadillo, and the probably illegal campaign they waged against the SRNC on behalf of their shadowy anonymous client United DTLA.

This morning, however, I discovered that that infamous Schatzian horror show, the Central City Association of Los Angeles, was also involved in the lobbying effort against the SRNC. It’s not possible from the evidence to tell when they entered the fray, but amended registration forms filed with the City Ethics Commission prove that it was no later than April 28, 2017.¹ Here’s the documentary evidence, and you’ll find more detailed descriptions along with some discussion after the break:

CCALA 3rd amended lobbying registration — Filed on April 24, 2017. Does not list the Skid Row Neighborhood Council as one of the issues that the CCALA was fixing to lobby on.
CCALA 4th amended lobbying registration — Filed on April 28, 2017. Now the Skid Row Neighborhood Council is listed as a lobbying issue.
CCALA First quarter 2017 lobbying report — Filed May 1, 2017. Lists SRNC as one of the issues they actually did lobby on in Q1 2017.

Continue reading Liner LLP And United DTLA Weren’t The Only Zillionaires Gunning For The Skid Row Neighborhood Council: On April 28, 2017, The Central City Association Amended Its Lobbyist Registration With The City Ethics Commission To Disclose Its Work Against The SRNC →

Central City East Association, Fashion District BID, Skid Row Neighborhood Council

On March 20, 2017 Fashion District BID Exec Direc Rena Leddy and CCEA Exec Direc Estela Lopez Had A Conference Call With Unregistered-As-A-Lobbyist Liner LLP Partner Rockard Delgadillo To Discuss The Skid Row Neighborhood Council

June 29, 2017 Mike Leave a comment

The first part of the quote in Rockard Delgadillo’s mouth is from 2006 when he was hypocritically suing Rockstar Games, makers of Grand Theft Auto, for some Easter egg porn. Now he’s producing and starring in zillionaire porn. Just goes to show… The text in the box is from a poem by Charles Bukowski.

You will certainly, if you’ve been following the issue, recall the fact that the zillionaire-sponsored effort to subvert by any means necessary the Skid Row Neighborhood Council formation effort was in full bloom by early 2017. And the Downtown BIDs were deeply involved in the whole mishegoss. In January, Blair “I don’t know nothin’ ’bout no Brown Act compliance” Besten of the Historic Core BID, Estela Lopez of the Downtown Industrial District, and furtive hereditary downtown zillionaire Michael Delijani were meeting with their sorry little Councilboy, encouraging him to ignore both law and decency in his effort to stop the SRNC.

By March, as we’ve seen, the zillionaires had formed an anonymous Delaware LLC known as United DTLA and hired walking morality-free-zone and former Los Angeles City Attorney Rockard Delgadillo to lobby the City against the SRNC. March 20, 2017 was a milestone day in the campaign. On this day, Fashion District BID executive directrix Rena Leddy began sending out emails to the property owners in her district to rally them against the SRNC. She sent this one out at 11:44 a.m.. At 12:24 p.m. she sent this one out, complete with a copy of Rockard Delgadillo’s infamous letter to the Department of Neighborhood Empowerment, which is the locus classicus of the arguments which ultimately prevailed over the SRNC.

Rena Leddy’s calendar entries for March 20, 2017, showing 11 a.m. conference call with Estela Lopez and Rockard Delgadillo. Click to enlarge.

And today, thanks to the fruits of a Public Records Act request for the 2017 appointment calendars of everyone in the Fashion District BID,¹ I’m able to extend our knowledge of the events of that fateful day back 45 more minutes to 11 a.m. Take a look at Rena Leddy’s appointments for March 20, 2017. See that at 11 a.m. she had a conference call with Rockard Delgadillo and Estela Lopez for a “Skid Row Neighborhood Council update.” And, as we’ve seen, right after this, Rena Leddy commenced to rallying her troops against the SRNC.
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Municipal Ethics

How Ethics Commission President Jessica Levinson Postponed Discussion Of Revisions To Enforcement Regulations Until April 2017 Mostly At The Behest Of Lobbying Firms And Why She Was Absolutely Right To Do So

February 25, 2017 Mike Leave a comment

Ethics Commission President Jessica Levinson, with whose actions we do not always agree but with whose reasoning we always do, which matters a great deal more.

One of the essential items on the agenda of last Tuesday’s meeting of the City Ethics Commission was a wide-ranging set of proposals from Enforcement staff for revisions to the CEC’s enforcement regulations. These are the laws and policies which guide the enforcement process. The proposals were emailed to interested parties only a few days in advance of the meeting, evidently leaving everyone feeling kind of blindsided,¹ especially because they appeared with a recommendation from staff that they be adopted right then.

So at the actual meeting, when the item came up for discussion, Commission President Jessica Levinson made fairly convincing noises to the effect that the matter should be postponed until April. More interestingly, though, she mentioned almost in passing that she’d received a number of written public comments asking the Commission to table the matter. Well, one of my favorite bits of the Brown Act, §54957.5(a), states unequivocally that:²
any … writings, when distributed to all, or a majority of all, of the members of a legislative body of a local agency by any person in connection with a matter subject to discussion or consideration at an open meeting of the body, are disclosable public records under the California Public Records Act … and shall be made available upon request without delay.

As one might expect, the Ethics Commission is absolutely the best of all City agencies at following this law. They keep a big plastic box at the back of the room during meetings which contains every possible piece of paper necessary for compliance. So as soon as President Levinson³ mentioned that there were written comments, and as soon as it became clear that all the Commissioners had copies, I zipped back to look in the box. How disappointing to find nothing of the sort in there! But the story has a happy ending, never fear, and turn the page to learn the details.
Continue reading How Ethics Commission President Jessica Levinson Postponed Discussion Of Revisions To Enforcement Regulations Until April 2017 Mostly At The Behest Of Lobbying Firms And Why She Was Absolutely Right To Do So →

Municipal Ethics, Venice Beach BID

How I Reported Shadowy BID Consultant Tara Devine To The City Ethics Commission For Failing To Register As A Lobbyist Based On Her Work For The Venice Beach Property Owners Association

February 6, 2017 Mike 3 Comments

Tara Devine at the Venice Beach BID hearing on August 23, 2016, a day on which she engaged in at least 2.5 hours of lobbying activity.

The TL;DR is that I believe that in the course of her consultancy with the Venice Beach BID, Tara Devine qualified as a lobbyist within the meaning of the Los Angeles Municipal Lobbying Ordinance, was therefore required to register with the Ethics Commission, and failed to do so, putting her in violation of the law. If you know what all those terms mean, you may want to go straight to the complaint (Warning: 23MB PDF). For a detailed explanation of the background, though, read on!

The key is found in Section 48.07, which states that “An individual who qualifies as a lobbyist shall register with the City Ethics Commission within 10 days after the end of the calendar month in which the individual qualifies as a lobbyist.” After all, anyone can search the Ethics Commission’s database and see that Tara Devine has never registered as a lobbyist. So the question is whether Tara Devine is “An individual who qualifies as a lobbyist.” This turns out to be a fairly complicated thing to determine.

The first place to start when interpreting any law is with the definitions. In the case of the Municipal Lobbying Ordinance (henceforth “MLO”) they are found at LAMC §48.02. In particular, we will find that the word “lobbyist”:

means any individual who is compensated to spend 30 or more hours in any consecutive three-month period engaged in lobbying activities which include at least one direct communication with a City official or employee, conducted either personally or through agents, for the purpose of attempting to influence municipal legislation on behalf of any person.

And in order to see whether this applies to Tara Devine, we need to understand the following terms:

Lobbying activities

Municipal legislation

Attempting to influence

And once we understand what those three phrases mean, we have to show that Tara Devine was paid for 30 or more hours lobbying on behalf of someone else. The details, as always, are after the break!
Continue reading How I Reported Shadowy BID Consultant Tara Devine To The City Ethics Commission For Failing To Register As A Lobbyist Based On Her Work For The Venice Beach Property Owners Association →

Venice Beach BID

Now Mike Bonin Is Tara Devine’s Ventriloquist’s Dummy: How The Shadowy BID Consultant Herself Answered A Bunch Of Questions That Yo! Venice Reporter Melanie Camp Sent To Mike Bonin And How Melanie Camp Subsequently Attributed The Answers To Mike Bonin

January 21, 2017 Mike Leave a comment

Tara Devine in City Council Chambers at the Venice Beach BID Hearing Take 2 on November 8, 2016.

Check out this interesting series of emails from August 2016. It begins when Yo! Venice reporter Melanie Camp writes to Mike Bonin’s communications director David Graham-Caso, stating:

Hi David,

I have several questions regarding the BID. The information you provided, coupled with the information/misinformation flying around raises a couple of issues that need clearing up.

I’m interested in Mike’s opinion, as well as your own, on any or all of these.

Less than 40 minutes later, David Graham-Caso forwarded the email¹ to Debbie Dyner Harris along with a terse note that said:

Can you please send this to the BID consultant to get her help with the answers?

And a mere 13 minutes after that, Debbie Dyner Harris forwarded the email² to Tara Devine, stating:

Hi Tara. Can you please respond to her? Thanks

David Graham-Caso, CD11 Director of Communications, is a really cute guy, but also a conduit for misattributed propaganda!

Further conversation ensued, but the upshot is that, the very next day, Tara Devine sent over a page of answers, not to Melanie Camp, but to David Graham-Caso and Debbie Dyner Harris to do with as they would do. And evidently what they did do was send the answers to Melanie Camp. And evidently what Melanie Camp did was attribute the answers to Mike Bonin in the article she published a few days later, entitled Venice BID Approved.³ She not only attributed them to Mike Bonin when they were written by Tara Devine,⁴ but she essentially copy/pasted them into her article. You can see some specifics after the break!
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