Tag Archives: Streets and Highways Code 36625

Business Improvement Districts

The South Park BID Solicited — Or Extorted — Donations Totalling $80,000 From Developers To Pay For Some Studies They Wanted Done — In Return The BID Sent Staffers To City Council Committee Meetings To Give Public Comment In Favor Of The Developers’ Projects — Using Talking Points Supplied By The Developers — Money Well Spent For The Developers I’m Guessing Since Councilmembers Probably Won’t Approve Projects BIDs Oppose — This Is One Way In Which The Illusion Of Community Buy-In Is Created And Maintained In Los Angeles — One Of The Developers Involved Was Lightstone Group — Whose Lobbyists Are Also Being Investigated In Relation To José Huizar — Because Of Course They Are

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Here’s the short version. In 2017 the South Park BID wanted to lobby Metro concerning some transportation issues. To do this they needed some reports prepared by professionals who were going to charge them around $80,000. For whatever reason they didn’t want to pay out of the BID budget, so they hit up local developers for $5,000 contributions. In exchange the BID supported the developers’ various projects before City Council committees and commissions using talking points prepped by the developers to inform their public comments.

First, let’s talk about the two issues the BID was, and is, lobbying for. One is to establish an enhanced infrastructure financing district (EIFD)1 to fund transit improvements in the BID, in particular moving Pico Station underground.2 The BID’s “one pager”3 on the benefits to be gained from the EIFD can be read by clicking here and their presentation on “undergrounding” Pico Station is available here. The other issue has to do with improving connections between various presently disconnected-by-public-transit points Downtown. The BID’s presentation on that can be read here.

And of course before one goes a-lobbying one needs reports! Written by experts! And experts don’t come cheap, but they will provide proposals with estimates of the costs, and here are the two the BID obtained:

And based on these estimates, the South Park BID determined that it needed $80,000 to begin the report-making process. And for whatever reason, they also determined that they were only going to pay $5,000 themselves. The rest, saith the BID, they were going to raise from developers and maybe some other BIDs Downtown. And the story of this whole mess, told, as usual, in excruciating detail via transcriptions of emails, can be found after the break!
Continue reading The South Park BID Solicited — Or Extorted — Donations Totalling $80,000 From Developers To Pay For Some Studies They Wanted Done — In Return The BID Sent Staffers To City Council Committee Meetings To Give Public Comment In Favor Of The Developers’ Projects — Using Talking Points Supplied By The Developers — Money Well Spent For The Developers I’m Guessing Since Councilmembers Probably Won’t Approve Projects BIDs Oppose — This Is One Way In Which The Illusion Of Community Buy-In Is Created And Maintained In Los Angeles — One Of The Developers Involved Was Lightstone Group — Whose Lobbyists Are Also Being Investigated In Relation To José Huizar — Because Of Course They Are →

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Business Improvement Districts, California State Government

Remember Those Underpass Homeless Encampments Outside The South Park BID Boundaries? — The BID Is Not Only Paying Staff To Photograph Them — Also They Are Paying Staff To Lobby Miguel Santiago’s Office To Get CalTrans And CHP To Clear Them Out — Why Is A Member Of The California State Assembly Ignoring The BID’s Lawless Behavior? — Probably For Money, Doncha Think? — Or Because — With The Recent Fall Of The House Of Huizar — Santiago Feels His Path To CD14 Is Wide Freaking Open

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OK, remember how there are these underpasses with a bunch of homeless encampments in them that are not in the South Park BID but the BIDdies wanted to clean them up anyway except Ellen Riotto said they couldn’t cause it was against the law but then she sent her staffies out to gather photographic evidence of the encampments which is clearly also against the law? OK, this is another episode in that story!

And it’s worth taking a moment to review just why the BID can’t spend money on stuff going on outside its boundaries, never forgetting for a moment that dedicating staff time to a matter is spending money on it, which is to say the money paid the staff member. It’s all due to the Property and Business Improvement District Act at §36625(a)(6), which states unequivocally that:

The revenue from the levy of assessments within a district shall not be used to provide improvements, maintenance, or activities outside the district or for any purpose other than the purposes specified in the resolution of intention

Oh, also, keep in mind that the problem, from the BID’s point of view, with these underpasses is that the City of LA seems not to be allowed to evict homeless people from under them, evidently because it’s state property under there. Thus Caltrans and the Highway Patrol somehow have to do it, and the BID just doesn’t have the influence with them that they do with the City, I guess, which apparently makes it a separate and ongoing problem for the BID.

So the other day I received a big pile of emails from the Parkies comprising correspondence between them and any email address at ca.gov or its subdomains. You can gaze lovingly upon the whole steaming heap of them here on Archive.Org. And amongst these are email after email after email between South Park BID staff and staffers in the office of Assemblymember Miguel Santiago, in whose district the BID situates, having to do with those damn underpasses.

That is to say there is plenty of evidence in there of repeated violations of §36625(a)(6). But who does one complain to about it? We’ve already seen that the Los Angeles City Clerk, which putatively oversees our BIDs, will take complaints about insufficient brutality towards the homeless, but not, it seems, about violations of the law by the BIDs themselves. And it’s disconcerting to say the least to see an actual Assemblymember conspiring to violate the laws which he and his colleagues have sworn to defend.4

Although I suppose it’s not surprising that Miguel Santiago would be involved in such a scheme, given his demonstrated proclivity for selling the best interests of the people of California down the river just cause some BIDs asked him to. As I’ve said many times, I wasn’t cynical at all before I started learning about BIDs, but the BIDdies have made me so. Turn the page, if you will, for as much of the chronology as I have, links to the emails, and a few select transcriptions.
Continue reading Remember Those Underpass Homeless Encampments Outside The South Park BID Boundaries? — The BID Is Not Only Paying Staff To Photograph Them — Also They Are Paying Staff To Lobby Miguel Santiago’s Office To Get CalTrans And CHP To Clear Them Out — Why Is A Member Of The California State Assembly Ignoring The BID’s Lawless Behavior? — Probably For Money, Doncha Think? — Or Because — With The Recent Fall Of The House Of Huizar — Santiago Feels His Path To CD14 Is Wide Freaking Open →

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Business Improvement Districts

South Park BID Homeless Underpass Surveillance Photos Revealed! — Illegally Funded By BID Money! — Now Available For Download And Analysis! — The Evidence Is Beginning To Mount Up! — Soon We’re Gonna Turn These People In To The Authorities! — But The Smart Money Says Nothing Will Happen! — Cause Literally No One In City Government Cares If BIDs Break The Law! — Also Not Much Chance Of Another FBI Raid! — More’s The Damn Pity!

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So remember a couple weeks ago I went to yet another damn meeting of the damn board of damn directors of the damn South Park BID and they were all yukking it up over what they apparently see as their exceedingly clever habit of referring to various homeless encampments as different cities in India cause that’s evidently the kind of thing that passes for wit amongst the white zillionaire elite of Los Angeles?

And then Parkie board members self-proclaimed schmuck Paul Keller and Bob “Mr. Clean on Halloween” Buente were all like why don’t we just send our cleaning crew over to “Bombay” and “Calcutta” and clean up the damn streets? Like what would actually happen to us? Would we go to jail with the homelesses?! And Ellen Salome Riotto, zeck dreck of the Parkies, said no, friends, we would get sued cause it’s illegal but never fear we are taking pictures and uploading them to the Dropbox and almost certainly that’s going to fix everything.

Well, whatever, amirite? Cause who has time to waste on interpreting the delusional legally-themed meanderings of a bunch of zillionaires? But when I hear about BIDs putting stuff on Dropbox I know it’s time to fire off yet another request for public records, and that’s just what I did! And, because whatever their flaws, faults, failings, and foibles, the South Park BID under Ellen Salome Riotto is exceedingly ultra-compliant with the CPRA,5 just a few days later I got a link to the very Dropbox itself.

Here’s the link if you want to poke around for yourself, and in case it goes away at some point I downloaded everything, lightly renamed the files for easy sortability, and popped them onto Archive.Org for your viewing and analytical pleasure. And the pictures reveal a probably predictable truth, which is that despite all her showy public caution about not sending BID cleaning crews outside of the district, Ellen Salome Riotto and/or her photo-snapping minions broke the same law they would have broken had they just gone ahead and cleaned up the trash. Turn the page for a disgustingly detailed analysis, why dontcha?
Continue reading South Park BID Homeless Underpass Surveillance Photos Revealed! — Illegally Funded By BID Money! — Now Available For Download And Analysis! — The Evidence Is Beginning To Mount Up! — Soon We’re Gonna Turn These People In To The Authorities! — But The Smart Money Says Nothing Will Happen! — Cause Literally No One In City Government Cares If BIDs Break The Law! — Also Not Much Chance Of Another FBI Raid! — More’s The Damn Pity! →

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Business Improvement Districts

What Passes For Wit Among Zillionaires — South Park BID Board Members Paul Keller And Bob Buente Mockingly Refer To Downtown Homeless Encampments As “Bombay” And “Calcutta” — Super-Genius Paul Keller Proposes Illegally Using BID Staff Outside BID Borders To Clean Encampments — Has To Be Talked Down Off That Particular Ledge By BID Zeck Dreck Ellen Salome Riotto Who — Despite Her Devotion To Her Satanic DTLA Masters — At Least Has Some Goddamn Sense — Also Riotto Reveals Hitherto Unknown Illegal Downtown BID Anti-Homeless Intelligence Gathering Conspiracy

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Last Thursday morning off I went to the concrete canyons of Downtown Los Angeles to sit through yet another interminable gathering of the Board of Directors of the South Park BID and, just for you, dear reader, I have posted video of the whole damn thing both here on YouTube and here on Archive.org. And it was mostly more of the same old bad BIDness, but without a quorum, so no action was taken.

There were a few interesting episodes though, and I’ll be writing about one or more of them soon enough, but the text for today’s sermon is this little hissy fit, pitched by none other than the finest legal mind of his generation, that is to say self-proclaimed schmuck Paul Keller, accompanied by the narcissistic back-up harmony vocal stylings of the BID’s own Uncle Fester,6 which is to say Bob Freaking Buente. There is, of course, a transcription of the whole damn thing after the break, and juicy quotes interspersed throughout the article here.

Paul Keller wants to talk about … underpasses. The ones he drives under when he gets off the freeway in the morning. They’re filled with homeless people. Paul Keller doesn’t like this. Bob Buente reminds him that in zillionairese underpasses are referred to as “Bombay” and/or “Calcutta.”7 What he really seems to hate about them is that (a) they are offensive to his finely honed zillionaire aesthetics and (b) he can’t ignore them because there’s a traffic signal there: “But unfortunately the light causes you to be in Bombay if it’s red.” The problem evidently is that CalTrans has jurisdiction over underpasses so the usual zillionaire methods of getting shit done, like e.g. giving José Huizar another 700 bucks, aren’t effective.

Turn the page to learn what the other problem is, how Ellen Salome Riotto schooled Paul Keller a little bit but he just won’t listen and wants her to break the law anyway, and the big reveal! All the Downtown BIDs are compiling anti-homeless intelligence which they’re evidently going to pass on to Miguel Santiago, possibly in anticipation of his becoming CD14 repster in 2020 because José Huizar’s rapey incontinence has effectively torpedoed the political ambitions of the other Huizar, his hand-picked successor, that is, of course, Richelle.
Continue reading What Passes For Wit Among Zillionaires — South Park BID Board Members Paul Keller And Bob Buente Mockingly Refer To Downtown Homeless Encampments As “Bombay” And “Calcutta” — Super-Genius Paul Keller Proposes Illegally Using BID Staff Outside BID Borders To Clean Encampments — Has To Be Talked Down Off That Particular Ledge By BID Zeck Dreck Ellen Salome Riotto Who — Despite Her Devotion To Her Satanic DTLA Masters — At Least Has Some Goddamn Sense — Also Riotto Reveals Hitherto Unknown Illegal Downtown BID Anti-Homeless Intelligence Gathering Conspiracy →

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Business Improvement Districts

Psychopathic Rageball George Yu Of The Chinatown BID Admits On Camera That He Broke The Law By Using BID Personnel To Preemptively Displace Homeless People Outside His BID Boundaries — Less Importantly Years Later He’s Still Whining About The Chinatown Walmart Fiasco As He Lambastes Outsiders From Alhambra For Daring To Have An Opinion — And In More Aggro Yu-ian Weirdness, Admonishes Public Commenters To Keep It Short And Cut The “Bullshit”

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I’m sure you read about my big adventure yesterday when I went up north to film the Chinatown BID’s meeting and criminal ringleader George Yu got so salty that I wouldn’t tell him who I was that he flipped out to an extraordinary degree, screamed at me and then banned me for life from his weirdo fiefdom, the Far East Plaza.

But that’s not all that happened at the meeting. It turns out that George Yu is not merely a psychopathic rageball but he also runs his meetings like some kind of free association fest, like he’s on the couch and the audience is his analyst. And the most revealing, peculiar, unbelievable stuff came pouring forth from George Yu, self-betrayal oozing from his every pore, as they say.

So for instance, he admitted that he sent his BID crew to clean up something to do with homeless people at Sunset and Beaudry which, it seems, is not in his BID. Watch and listen here: You’ll see background photos on the screen. We worked with [unintelligible]. Yes, it’s at Sunset and Beaudry. No, it’s technically not Chinatown. But if those… If the [unintelligible] people there are staying at Sunset and Beaudry and then venture into Chinatown it’s a whole nother story. Our residents walk past this site daily. We couldn’t stand it. We cleaned it up.

Of course, it’s explicitly against state law for BIDs to spend money, which includes expending labor, on anything outside their boundaries. Just take a look at the Property and Business Improvement District Law at §36625(a)(6), which states unequivocally that: The revenue from the levy of assessments within a district shall not be used to provide improvements, maintenance, or activities outside the district …8 Continue reading Psychopathic Rageball George Yu Of The Chinatown BID Admits On Camera That He Broke The Law By Using BID Personnel To Preemptively Displace Homeless People Outside His BID Boundaries — Less Importantly Years Later He’s Still Whining About The Chinatown Walmart Fiasco As He Lambastes Outsiders From Alhambra For Daring To Have An Opinion — And In More Aggro Yu-ian Weirdness, Admonishes Public Commenters To Keep It Short And Cut The “Bullshit” →

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Business Improvement Districts, Hollywood Property Owners Alliance

Two Interesting Protests Against BID Renewals In Hollywood — One By A Civil Engineer Attacking The Constitutional Adequacy Of Ed Henning’s Self-Plagiarized Boilerplate Engineering Report — The Other Somewhat Plausibly Accusing Kerry Morrison Of Complicity In The Payoff Of Transients To Harass Anti-BID Property Owners

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You may have noticed that the Property and Business Improvement Law of 1994 makes allowance for property owners in a proposed BID to file “protests,” which must be accounted for by the City during the establishment or renewal process.9 For whatever reason, possibly the mandate that the City make a determination regarding protests received,10 these protests show up in the relevant Council File for all the world to read! And sometimes they are really interesting! Like the two recent doozies I have for your pleasant perusal today!

◪ Setrak Kinian protest — this is against the renewing Hollywood Entertainment District BID, filed by a property owner in the old Sunset & Vine BID — the two BIDs are being unified in their current renewal — and has some essentially kooky but nevertheless fairly explanatory11 allegations against Ms. Kerry Morrison.

For instance, Kinian claims that her BID pays off homeless people to hang around the properties of BID opponents in order to encourage them to support the BID. He also makes the not-completely-implausible claim that one goal of the BID is to force smaller property owners to sell out to larger ones. The Council File for this renewal is CF 14-0855. As always, turn the page for some selected transcriptions and commentary.

◪ Jim McQuiston protest — Against the renewing Hollywood Media District BID. McQuiston is a civil engineer and provides a really detailed12 denunciation of Ed Henning’s characteristically crapola engineer’s report. This is especially interesting to me given that one of my ongoing projects, which is to get the Board for Professional Engineers to take the preparation of engineering reports for BID formations seriously as the practice of civil engineering.13 The Council File for this renewal is CF 12-0963. Also Henning’s report is here. As always, turn the page for selected transcriptions and commentary.
Continue reading Two Interesting Protests Against BID Renewals In Hollywood — One By A Civil Engineer Attacking The Constitutional Adequacy Of Ed Henning’s Self-Plagiarized Boilerplate Engineering Report — The Other Somewhat Plausibly Accusing Kerry Morrison Of Complicity In The Payoff Of Transients To Harass Anti-BID Property Owners →

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Business Improvement Districts, Los Angeles City Government

The Los Angeles Unified School District Evidently Voids All Its BID Establishment Petitions By Adding A Limiting Clause — They Seem To Add The Same Clause To Their Actual Ballots But Evidently It Does Not Void Them — It’s Not Clear What’s Going On Here But Probably Something Is

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I recently received almost a thousand pages of emails between the Los Angeles City Clerk‘s office and correspondents at various BIDs. You can obtain the whole pile here on Archive.Org. Among these was this interesting little exchange between Clerk staffie Dennis Rader and notorious outlaw BID consultant Aaron Aulenta of Urban Place Consulting.

This post is dedicated to exploring the issues raised by this email. It’s unavoidably technical, so you may want to skip it. On the other hand, at least I’m not going to call anyone nasty names, which I know will please a certain perennially disgruntled audience segment. Boring or not, though, it touches on essential and little-explored issues of BIDology. The exchange began on May 7, 2018, when Aaron Aulenta emailed Dennis Rader:

I know you’re probably swamped at the moment with the ballot mail-out this week, but I had a quick lausd question. Do you know if they returned a petition for either Hollywood or Fashion without hand writing in the ‘approval conditioned upon’ phrase? In other words, did they return a petition that was officially counted?

Continue reading The Los Angeles Unified School District Evidently Voids All Its BID Establishment Petitions By Adding A Limiting Clause — They Seem To Add The Same Clause To Their Actual Ballots But Evidently It Does Not Void Them — It’s Not Clear What’s Going On Here But Probably Something Is →

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Business Improvement Districts, Homeless Issues

At Eager Prompting Of Scofflaw Board Member, Brand New South Park BID Homeless Outreach Coordinator Angela De Los Santos Admits On Camera To Violations Of State Law Regarding Where BID Activities Can Take Place

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You may recall that I regularly write about the South Park BID and the seemingly endless parade of their wanton violations of the Brown Act. It seems like every meeting brings another violation and the last meeting involved at least two distinct violations. Thus it will come as a welcome change of pace, I am sure, to learn that this post is about the South Park BID violating the law, to be sure, since that’s pretty much what they do over there, but at least it’s not about them violating the Brown Act!

The law in question here is the Property and Business Improvement District Law of 1994, which states at §36625(a)(6) that “[t]he revenue from the levy of assessments within a district shall not be used to provide improvements, maintenance, or activities outside the district…” And yet, at the April 26, 2018 meeting of the South Park BID, funding activities outside the BID is precisely what was discussed. But I’m getting ahead of my story!

See, what happened is that on April 9, 2018 the South Park BID hired a homeless outreach coordinator, Angela De Los Santos, who was introduced to the BID on the 26th by executive Directrix Ellen Salome Riotto. Angela De Los Santos passed out a handout (which stated that there were only 18 homeless people in the South Park BID), talked about her duties for a while, and then took questions from the Board.

One of the questions was about “the underpasses just outside the South Park BID borders,” and that’s where things got interesting! You can watch the exchange here, although parts of it are hard to hear. Turn the page for transcriptions, discussions, and some more documentary evidence.
Continue reading At Eager Prompting Of Scofflaw Board Member, Brand New South Park BID Homeless Outreach Coordinator Angela De Los Santos Admits On Camera To Violations Of State Law Regarding Where BID Activities Can Take Place →

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Business Improvement Districts

East Hollywood BID Poised To Advocate For Cop-Sponsored Delusional Anti-Prop-47 Pro-Death-Penalty Propaganda Presentation At January 16 Board Meeting, Thereby Just About Stretching Their State-Law-Mandated Local-Activities-Only Restriction To The Freaking Limit And Beyond

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One of the most neglected aspects of the Property and Business Improvement District Act, the fons et origo of the state’s grant of authority to establish, regulate, and control BIDs, is a limitation found in §36625(a)(6), which states:

The revenue from the levy of assessments within a district shall not be used to provide improvements, maintenance, or activities outside the district or for any purpose other than the purposes specified in the resolution of intention, as modified by the city council at the hearing concerning establishment of the district.

This places two essential limitations on how BIDs are allowed to spend the money they collect from property owners.14 First, BIDs must only spend their money on stuff inside their districts, and second they must only spend it on activities specified in the resolution of intention to form the district. In the City of Los Angeles, at least, these activities are specified by incorporating the BID’s management district plan, which is filed with the City Council at some point prior to the BID’s formation, into the ordinance of intention.15

Now, if you follow this blog even half-heartedly, you’re well aware that this statute is completely flouted by BIDs in the City of Los Angeles. For instance, Blair Besten’s lobbying over Skid Row, which isn’t part of the Historic Core BID at all, not to mention Hurricane Kerry Morrison’s indefatigable lobbying everyone in the whole freaking universe over reforms to the Public Records Act.

And of course, all of them, every last delusional white supremacist BID in the whole freaking City of Los Angeles lobbying16 against Proposition 47, a particularly half-witted example of which can be found here. Which brings us to today’s subject, which is that squarmy little love child of Jeff Zarrinnam and David Miscavige known to the world as the East Hollywood BID.

It seems that at their upcoming meeting,17 at least according to the agenda, they’re poised to discuss the following item:

Presentation on the Reducing Crime and Keeping California Safe Act of 2018…………….Michael Ziegler, Public Safety Consultant, Assemblymember Jim Cooper

And turn the page for details and discussion!
Continue reading East Hollywood BID Poised To Advocate For Cop-Sponsored Delusional Anti-Prop-47 Pro-Death-Penalty Propaganda Presentation At January 16 Board Meeting, Thereby Just About Stretching Their State-Law-Mandated Local-Activities-Only Restriction To The Freaking Limit And Beyond →

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Business Improvement Districts, Municipal Ethics

In Which I Present A General Argument That BID Consultancy Is Lobbying Activity In Order To Simplify And Regularize The Process Of Reporting BID Consultants To The Ethics Commission For Failure To Register

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It’s a long term project of mine to turn in as many BID consultants as possible to the City Ethics Commission for failing to register as lobbyists. So far, though, I’ve only managed to report Tara Devine for her work on the Venice Beach BID because the work is so involved. Such a report has two essential components:

  1. An argument that BID consultancy satisfies the definition of lobbying activity found in the the Municipal Lobbying Ordinance at LAMC §48.02.
  2. An argument that a specific BID consultant was paid for sufficiently many hours over sufficiently few months to trigger the registration requirement found in the MLO at LAMC §48.07(A).

It occurred to me recently that the first argument will be the same for all BID consultants, and that therefore it would be possible to streamline the reporting process by writing it up in a generic format that would apply to any given BID consultant. So that’s what I did, and you can read the result here. I will be using this to make a number of complaints against BID consultants in the near future, which I will report on here.

Meanwhile, if you have no idea what I’m talking about, you can find explanations of everything after the break, along with a fairly detailed summary of the argument that BID consultancy qualifies as lobbying under the MLO.
Continue reading In Which I Present A General Argument That BID Consultancy Is Lobbying Activity In Order To Simplify And Regularize The Process Of Reporting BID Consultants To The Ethics Commission For Failure To Register →

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