Tag Archives: Public Records

A Vast Panoply of BID Quarterly Reports

TL;DR BID Quarterly Report: Bitch, moan, self-aggrandize, bitch, moan, self-aggrandize, whine, repeat if necessary.
TL;DR BID Quarterly Report: Bitch, moan, self-aggrandize, bitch, moan, self-aggrandize, whine, repeat if necessary.
As a follow-up to Tuesday’s release of all Hollywood Entertainment District and all Sunset & Vine BID Quarterly Reports I’m pleased to announce today that I have bunches of these reports from other BIDS. Although these collections aren’t (yet) complete, they’re nevertheless essential. You can access them through the menu structure above, and here are links:

These are also available on the Internet Archive, which is useful because you can download them via torrent, they have OCR versions, and so on. Links are after the break.
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Hollywood Property Owners Alliance Formalizes Ongoing Document Destruction Policy Involving Thousands Upon Thousands of Public Records, Seemingly just to Thwart Our Investigations

Hollywood Property Owners Alliance staff members implementing their new document retention policy.  What have you got to hide, friends?!
Hollywood Property Owners Alliance staff members implementing their new document retention policy. What have you got to hide, friends?!
Longtime readers of this blog will recall that one of my very first successful CPRA requests of the HPOA yielded a bunch of emails between AI and the HPOA from October 1, 2014 through November 12, 2014. In fact there were 69 of them during this 43 day period, or more than 1.5 per day. There’s no reason that this period wouldn’t be representative, so we might expect over 500 emails total for 2014. However, I didn’t get around to asking for the rest of the 2014 emails until November of last year and didn’t receive them until January of this year. They are available here, all (only) 90 pages of them. Incredibly, HPOA supplied more distinct emails from October 1, 2014 through November 12, 2014 than they did for all the rest of 2014 when asked a year later. Statistically, therefore, it’s almost certain that they deleted a bunch of stuff. They handed over significantly more emails from 2015, almost 9 MB of them. In all cases there’s demonstrably material missing, e.g. only a small fraction of the weekly reports from AI are present. It wasn’t clear at all what was going on, although I certainly had my suspicions, until a few things happened:
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February 5, 2003: The Very First Known Public Records Act Ever Received by the HPOA and Kerry Morrison was Already Offended

Kerry Morrison on February 18, 2016, the 13th anniversary of her receipt of an offensive letter from a lawyer regarding the very first known CPRA request to the HPOA.
Kerry Morrison on February 18, 2016, the 13th anniversary of her receipt of an “offensive” letter from a lawyer regarding the very first known CPRA request to the HPOA.
Electronic versions of the HPOA Board of Directors minutes from 1996 through 2006 haven’t been retained by the HPOA, so while waiting on physical copies1 to publish here, I’m taking advantage of good old section 6253(a) of CPRA,2 which tells us that:

Public records are open to inspection at all times during the office hours of the state or local agency and every person has a right to inspect any public record, except as hereafter provided.

Consequently, last Thursday I went over to HPOA secret headquarters on Hollywood Boulevard to read through this material, something I plan to make a regular habit of doing.
Justice Walter Croskey wrote the landmark 2001 opinion in Epstein v. Hollywood Entertainment District BID.
Justice Walter Croskey wrote the landmark 2001 opinion in Epstein v. Hollywood Entertainment District BID.
And there is much fascinating material there, not least of which is the complete unfolding in real time of Aaron Epstein’s epic lawsuit against the HPOA. This ended, of course, in a landmark 2001 decision by the Second District of the California Court of Appeal making BIDs subject to both the Brown Act and CPRA. That story is woven through years and years worth of minutes, so it must wait for the copies to arrive. However, I was able to photograph3 a description of the very first CPRA request known to have been received by the HPOA (on February 5, 2003).

Read on for what it said:
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Documents Filed Mere Moments Ago in LACW/LACAN v. CCEA/City of LA Case Quite Plausibly Accuse City of Los Angeles of Inaccurate Representations Regarding LAPD Discovery Capabilities

retain-unified-circleLast week attorneys for Los Angeles Catholic Worker and LA Community Action Network filed an application requesting that the City be held in contempt for its misfeasance in what has turned out to be painful, drawn-out discovery process. This morning, mere minutes ago, plaintiffs’ attorney Shayla Myers filed a supplemental declaration in support (along with an exhibit) in which she states:

I am producing this supplemental declaration to update the Court about facts which Plaintiffs have discovered since the ex parte motion to hold the City in contempt was filed. In particular, Plaintiffs have discovered that certain representations by the City of Los Angeles appear to be inaccurate. While the City of Los Angeles has maintained since July 2015 that it cannot do a global search of emails in the possession of the LAPD, Plaintiffs discovered at a deposition of the Person Most Knowledgeable on behalf of the City on February 22, 2016 that the LAPD employs e-discovery software that allows the LAPD to search all emails sent and received by LAPD officers since March 2013, that the software is designed to facilitate global keyword searches, and that when the LAPD has done such a search in the past, it was completed within a week.

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Using Your Own Scanner During “Inspection” of Public Records is Allowed by City of Los Angeles, Other Details About LAPD Public Records

The Triforium seen from Fletcher Bowron Square looking southwest from the door of the LAPD Discovery Office this morning.
The Triforium seen from Fletcher Bowron Square looking southwest from the door of the LAPD Discovery Office this morning.
This morning I went to the LAPD Discovery Section at 201 N. Los Angeles Street to inspect the latest batch of emails produced in response to a public records act request I made in January 2015. None of the emails themselves were especially interesting,1 but the procedure itself was interesting. A couple of weeks ago, the incomparably helpful CD13 staffie Dan Halden, after checking with the City Attorney, told me that it was indeed allowed to bring one’s own scanner to a document inspection session. This works out to about 1,000 pages (at 10¢ per page) for a cheap portable scanner, although one with a decent page rate (16 ppm) runs about $200. It seemed worth it, so I brought mine to the LAPD and everything went swimmingly! This is crucial because the City insists2 on printing out emails for inspection and it’s easy to get 2,000 or more pages from a simple request, most of which is junk but it’s hard to tell in advance. Also, I mentioned to Debra Green, who’s handling one of my requests to the LAPD, that no one had answered my other pending ones. She invited me to forward them to her and she’d check into them for me. I did so, and so did she. According to Ms. Green, one of them at least had been assigned to an analyst and was being handled, even though I’d received no response. This may lend some plausibility to the City’s claim in their response to the Stop LAPD Spying Coalition’s Public Records Act lawsuit that, even though they didn’t respond to the requests in question, they nevertheless did look for the records.3 In any case, I’ll update the Practical Guide to CPRA Requests in LA to reflect the possibility of using a scanner. Happy trails, compadres!
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City of Los Angeles Files Answer to Stop LAPD Spying Coalition Public Records Act Petition: Admits Guilt, Expects Reward

Los Angeles Deputy City Attorney Julie Raffish.
Why is the City of LA fighting this lawsuit? What a freaking waste of time and money. On January 26, 2016, the City of Los Angeles filed its answer to the petition filed by Colleen Flynn and Carol Sobel on behalf of the Stop LAPD Spying Coalition and the National Lawyers Guild Los Angeles seeking a writ of mandate ordering the LAPD to stop messing about and turn over the goddamned goodies. (You can find a collection of filings from this suit here). Paragraphs 1 through 9 of the initial complaint are background, and Julie Raffish, who wrote the answer, gets to indulge her evident taste for dark sarcasm in her responses, e.g. at paragraph 4 denying that the NLG is a non-profit legal association.

She also displays a wry, deadpan humor. For instance, in paragraph 3 the plaintiffs assert that the Coalition to Stop LAPD Spying “empowers its members to work collectively against police repression and to dismantle domestic spying operations” and that therefore the Coalition has an interest in the LAPD’s adhering to the Public Records Act. Julie Raffish has the City admitting that the Coalition is interested, but claiming that, as to the rest of the allegations they “lack sufficient information and knowledge to form a belief as to the truth…” of, I guess, whether there are “police repression” and “domestic spying operations” to be dismantled and worked collectively against. Dry as a bone, is Julie Raffish, and isn’t lawyerly humor fun! But the public records stuff is where it gets really interesting:
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Guide to Public Records Act Requests in Los Angeles and New Method for Whistleblowers to Send Documents to Us

Meet me in the beautiful city, hallelujah!
Meet me in the beautiful city, hallelujah!
First of all, I’m pleased to announce the publication of A Practical Guide to Using the California Public Records Act in Los Angeles. Just prior to our recent Reddit apocalypse it was brought to my attention that people were interested in how I obtain the records we publish here. Thus this guide. As it says there, feel free to ask questions in the comments on that page if I’ve left something unanswered.
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New Documents, including 2011, 2012 HPOA Federal Tax Returns and Beginning of BID Patrol Identification Project

Some of the BID Patrol's anonymous warriors.  We're taking on the project of identifying these people.
Some of the BID Patrol’s anonymous warriors. We’re taking on the project of identifying these people.
Today I’m pleased to announce a bunch of new documents. First of all there is a ton of new information on the HPOA’s sleazy sweetsy-heartsy lease of city property for a homebase-slash-mothership for its cleansy-upsy crew. So much that we started a whole subpage for the matter. What’s new are some emails between CD13 and the HPOA about the lease and the actual lease application filled out by the HPOA as part of the leasing process. This includes beaucoup info about the inner workings of the HPOA, including full federal tax returns for 2011 and 2012. Read it!

Next there’s the first set of documents in our new project to identify by name, photograph, and badge number, every BID patrol officer currently working the streets of Hollywood and as many of the past officers as possible. I’ve set up a new subpage dedicated to this endeavor, and the first two documents can be found there. They’re invoices from A/I to the HPOA for personnel, listed by name, for the week beginning August 14, 2015. Also get them here: HED BID and S-V BID.

One last little document, find out after the break!
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Federal Judge Michael W. Fitzgerald of the U.S. District Court for the Central District of California Shows Up BIDs for the Mewling and Puking Liars they Are

The brave, the stalwart, the wise federal judge Michael W. Fitzgerald of the United States District Court for the Central District of California, kicking ass and taking names.
The brave, the stalwart, the wise federal judge Michael W. Fitzgerald of the United States District Court for the Central District of California, kicking ass and taking names.
Note that formerly Ukrainian first amendment maven and all-round mensch Eugene Volokh has already explained this better than we’re ever going to, so you may want to hop over to there for background. TL;DR is that the city of Inglewood sued Inglewood resident Joseph Teixeira in federal court, claiming that Teixeira’s reuse of their city-produced videos of city council meetings to create weaponized mockery of, among others, Inglewood mayor James Butts violated their copyright in said videos.

Well, Judge Michael W. Fitzgerald of the U.S. District Court for the Central District of California (that’s federalese for “Los Angeles”) not only dismissed Inglewood’s case, he terminated it with extreme prejudice. You can read the order here if you wish, and it’s smoking hot. The salient bit for this blog is, according to Volokh, that:

The court held that, under California law (see, e.g., County of Santa Clara v. Superior Court (Cal. Ct. App. 2009)), cities can’t claim copyright in public records. And while the city claims that this provision is trumped by federal copyright law, the court rejected that argument — federal law treats local governments as political subdivisions of the state, and a state has the power to control what its subdivisions do (including which federal rights they claim).

Now, I can hear you all murmuring and wondering out there in internetlandia, saying “sure, Kohlhaas, we hear you, but what does this got to do with the BIDs??!” Well, friends, we’re glad you asked!
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Series of Emails between City of LA and HPOA Regarding Sweetheart Lease Deal Illustrates Incestuously Corrupt, Whiningly Entitled, and Marginally Literate Nature of Day-to-Day Business-as-Usual in the BID

Joe Mariani, all smiling and everything...  beautiful!
Joe Mariani, right up front, smilin’, man…ahh, beautiful!
Well, here is a bunch of emails, which we obtained from the Los Angeles City Attorney using the California Public Records Act, between BID employees Smilin’ Joe Mariani and Kerry Morrison and various people that work for the City of Los Angeles. We join the story when Joe writes to Gary Benjamin, who is eyeglass-fashionista Councilguy Mitch O’Farrell’s something-or-another for what-passes-for-planning-at-200-Spring-Street. It seems the boys met up in early September 2014 at an HPOA “Streetscape2 Committee” meeting, giving Joe a pretext to renew the big ask:
CD13 employee Gary Benjamin, who "enjoys...good urbanism."
CD13 employee Gary Benjamin, who “enjoys…good urbanism.”

Great seeing you today at the Streetscape Committee meeting. As I mentioned, if you can please follow up with GSD3 and ask when our lease will be ready for the Cherokee space we would appreciate it
[sic]. According to our vendor we are supposed to be off the Selma parking lot by the end of September, so the sooner we can move in the better.

So the BID needs some space and they’re going to lease it from the city. So far, so good. After all, they’re a public agency created by the city to do the city’s work. On September 9, 2014, Gary responds, saying he’ll check into it. On September 23, 2014, Gary announces that there’s a little problem. Says Gary:

Joe,

I have some bad news regarding the prospect of getting the lease in a timely manner. I checked in with the General Services Department (GSD) a couple weeks back and they said they were still not authorized to issue the lease, despite the approved Council motion.4 This seemed ridiculous to us, as the language of the motion came from Rene Sagles5 and he assured us the motion would be sufficient. GSD staffers were aware of the motion as it moved through the ITGS6 Committee, and yet they raised no red flags. In the last week, I’ve been in further communication with GSD, the City Attorney’s office and Rene Sagles. Apparently, DOT have not been following City standards regarding lease of space for some time now. Recently the City Attorney took note of this issue and has forced them to undergo a more rigorous public solicitation RFP process. Your lease process has dragged on for so long because of a lack of communication between DOT and GSD and a general uncertainty among the bureaus about how to proceed.

I now have Melody McCormick of GSD working with DOT and the City Attorney to draft a new “sole source” motion that will explain why the normal RFP process was not followed and why the HPOA should get this lease. They have told me they can have the motion ready by the end of the week. We will work to waive it from ITGS committee and get it approved at Council next week ideally. Then the City Attorney will need to draft the lease. It will still be another month, at the earliest, until the lease will be issued. I’m really sorry about all this confusion and for losing time pushing forward a motion that was insufficient.

So the HPOA’s trying to lease some property from the City. A Council motion to allow and expedite this was written by a senior analyst in the LA Department of Transportation and passed by the Council. This wasn’t sufficient because of a City Attorney crackdown on bad leasing practices in the DOT. So CD13 is going to get another Council motion ready, waive the normal committee process, and so on. Everyone’s bending over backwards for the HPOA here, and Gary even adopts an apologetic and conciliatory tone. What more does the HPOA want? Quite a lot, it turns out.
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