Tag Archives: Todd Gloria

California State Government, Public Records Act Pragmatics

Last Year Gavin Newsom Vetoed Assemblymember Todd Gloria’s Absolutely Essential Email Retention Bill — But Gloria Reintroduced It The Other Day And It Looks Like The Fight Is On Again! — The Los Angeles Sunshine Coalition Submitted A Letter In Support And You — Being Sane — Should Submit One As Well! — The Idiotic And Dishonest Letters Of Opposition Are Already Rolling In!

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Perhaps you remember last year’s Assembly Bill AB1184, introduced by government transparency hero Representative Todd Gloria, dishonestly opposed by a bunch of mendacious business improvement districts and other shills with a lot to hide, and ignominiously vetoed by California Governor Gavin Newsom at the behest of lobbyists hired by the bad BIDdies and their enablers? Well, Gloria reintroduced it this year, and here we go again!

The new number is AB2093, and perhaps this time the forces of good and right will be able to overcome the nonsensical objections and get this baby passed. The Los Angeles Sunshine Coalition submitted a letter in support today, and you and/or your organizations can submit one as well! Send to Raquel Mason via email at raquel.mason@asm.ca.gov.

It’s expected to go to committee in March so it’s not urgent, but it’s also not not urgent, so don’t dilly-dally! And read on for a transcription of the letter sent by the LASC. Oh, and also! The dishonest opposition has already begun. Behold an idiotic form letter of opposition sent by some random special district somewhere north of Pacoima. Too dumb to analyze, but maybe worth a glance?
Continue reading Last Year Gavin Newsom Vetoed Assemblymember Todd Gloria’s Absolutely Essential Email Retention Bill — But Gloria Reintroduced It The Other Day And It Looks Like The Fight Is On Again! — The Los Angeles Sunshine Coalition Submitted A Letter In Support And You — Being Sane — Should Submit One As Well! — The Idiotic And Dishonest Letters Of Opposition Are Already Rolling In! →

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Lawsuits, Public Records Act Pragmatics

Even Though Gavin Newsom — At The Behest Of A Bunch Of Bad BIDdies With Dark And Bloody Secrets To Keep — Vetoed Todd Gloria’s Essential Email Retention Bill — The Question Of Whether Existing Law Already Requires Local Agencies To Retain Emails For Two Years Is Potentially Up Before The California Supreme Court — The Electronic Frontier Foundation And A Host Of Other Government Transparency Advocates Urge The Court To Accept The Case And Find That The Law Does In Fact Prohibit These Book Burners From Destroying Public Records — Here’s A Copy Of The Amicus Letter — And A Little Assorted Ranting Of My Own On This Essential Topic

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As you may know, email retention policies among public agencies in California are a mess, with agencies claiming, however implausibly, that they automatically delete emails very rapidly, sometimes even immediately on receipt. This would seem to run afoul of the law at Government Code §34090, which states pretty clearly that cities are not to delete public records less than two years old. And the California Public Records Act at §6252(g) explicitly defines the phrase “public records” to include emails.

But cities and other local agencies such as business improvement districts along with their legal minions have cooked up amongst themselves a theory that emails aren’t covered by §34090 unless they make some kind of specific effort to retain them, like for instance printing them out and putting them in a drawer. This is the kind of theory, very popular among CPRA-subject agencies, that no one actually believes is valid. It’s only meant to hold up in court long enough for the agency to avoid sanctions for flouting the law.

And this year Assemblymember Todd Gloria tried to strangle this nonsense in its metaphorical crib with his AB-1184, which would have clarified that agencies are required to retain emails for two years just like every other kind of record. But agencies lobbied hard against this bill, pushing the narrative that retaining emails for two years would cost too much money. The bill passed the legislature anyway, but our feckless governor vetoed it and essentially let the agencies write his idiotic veto message.

That such a law is essential is not only obvious in theory, but the incredibly dishonest behavior of various local agencies shows how important it is in our very specific practical context.1 So for instance, here behold the entire Board of Directors of the entire Fashion District BID swearing under oath no less that they delete all BID-related emails on receipt and that’s why they don’t ever produce them in response to CPRA requests. And the judge believed them, although he admitted that the whole story was implausible. But no evidence controverted it.
Continue reading Even Though Gavin Newsom — At The Behest Of A Bunch Of Bad BIDdies With Dark And Bloody Secrets To Keep — Vetoed Todd Gloria’s Essential Email Retention Bill — The Question Of Whether Existing Law Already Requires Local Agencies To Retain Emails For Two Years Is Potentially Up Before The California Supreme Court — The Electronic Frontier Foundation And A Host Of Other Government Transparency Advocates Urge The Court To Accept The Case And Find That The Law Does In Fact Prohibit These Book Burners From Destroying Public Records — Here’s A Copy Of The Amicus Letter — And A Little Assorted Ranting Of My Own On This Essential Topic →

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California State Government, Downtown Center BID

Business Improvement Districts And A Bunch Of Backwater Small Towns Oppose Assemblymember Todd Gloria’s AB1184 — Which Will Require Local Agencies To Retain Emails For Two Years — Read Their Letters Of Opposition And See What Shameless Liars They Are — Especially Suzanne Holley Of The Downtown Center BID — Who Argues With A Straight Face That Allowing Them To Delete Emails Will Increase Public Access To Information Because They Will Only Save The Important Stuff — By The Way Though I Have Proof That Holley’s BID Has Intentionally Deleted Very Important Emails In The Past — Icky Sticky BIDdie Boy Andrew Thomas Of Westwood Village BID Also Opposes — And He’s Also An Email Deleting Liar

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Assemblymember Todd Gloria introduced AB 1184, which would clarify an ambiguity in state law by requiring public agencies to retain emails for a minimum of two years. You can read my earlier article on it here. Well, on Wednesday the bill was amended2 and passed out of the Senate Judiciary Committee with a 10 to 1 tally in favor.3 It’s really worth reading the Judiciary Committee Counsel’s analysis of the bill, by the way.

And I also have copies of support and opposition letters. Powerful support comes from the California News Publishers Association and the First Amendment Coalition. Here are their letters:

☆ California News Publishers Association support for AB1184
☆ First Amendment Coalition support for AB1184

The opposition letters are predictably stupid, self-serving, and dishonest. They mostly take the position that it will cost too damn much to store two years worth of emails. Obviously, though, none of them provide any evidence because it’s just not true.4 Here are the links:

☆ City of San Carlos opposition to AB1184
☆ City of West Hollywood opposition to AB1184
☆ Various BIDdie Associations opposition to AB1184
☆ Downtown Center BID opposition to AB1184

And, probably unsurprisingly, this last one, penned by Downtown Center BID executive director Suzanne Holley, already known to be one of the most mendacious of an exceedingly mendacious crew of Los Angeles BIDdies, is perhaps the most twisted, the most dishonest, and the most ineffective, it turns out, out of all of them. There is a transcription after the break, but behold a few highlights with commentary and counterpoint.

Suzanne, why is your BID opposed to this? “Agencies would be forced to maintain an onerous amount of data.” And why is this not in the public interest, Suzanne? “the public would need to sort through thousands of emails to find the relevant needle in the haystack.” Suzanne! See that little box in your email client with a magnifying glass in it? If you put words in there and click on something the computer will sort through the emails for you! I use mine all the time!

Explain again, Suzanne! “Requiring the retention of tens of thousands of emails will bury relevant information…” And what is your answer to this imaginary problem, Suzanne? ” we believe the bill can be amended to ensure that the retention only apply to information relevant to the public business.” Of course, Suzanne, the problem is that on your scheme, YOU would be the one who decides what the public business is when obviously it’s the public that needs to decide.

And what kind of stuff would Suzanne delete if allowed? Here’s what she says doesn’t need to be retained: “Every email, regardless of how irrelevant would need to be retained. … Even an email asking a colleague out to lunch would fall under the purview of this bill.” See? Suzanne is asking the public to trust her to determine which emails it’s in the public interest to retain. She seems to be saying she’s just going to delete a lot of emails about lunch dates.

Leaving aside serious arguments that such emails may be very important indeed, let me tell you a little story about what kinds of emails Suzanne Holley actually does in fact delete. Remember all those emails I got in 2017 about BID involvement in the destruction of the Skid Row Neighborhood Council? That Jason McGahan, then of the LA Weekly, used in his blockbuster article? That are now evidence in the lawsuit against the City for illegally tampering with the subdivision election? Well, I got the first batch of those emails from Suzanne Holley at the Downtown Center BID.
Continue reading Business Improvement Districts And A Bunch Of Backwater Small Towns Oppose Assemblymember Todd Gloria’s AB1184 — Which Will Require Local Agencies To Retain Emails For Two Years — Read Their Letters Of Opposition And See What Shameless Liars They Are — Especially Suzanne Holley Of The Downtown Center BID — Who Argues With A Straight Face That Allowing Them To Delete Emails Will Increase Public Access To Information Because They Will Only Save The Important Stuff — By The Way Though I Have Proof That Holley’s BID Has Intentionally Deleted Very Important Emails In The Past — Icky Sticky BIDdie Boy Andrew Thomas Of Westwood Village BID Also Opposes — And He’s Also An Email Deleting Liar →

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California State Government

San Diego Assemblymember Todd Gloria’s Bill AB-1184 Would Require Public Agencies To Retain Email For No Less Than Two Years — Which Is Exceedingly Important — Many Of Them Use Absurdly Short Retention Periods Intentionally To Evade CPRA Obligations

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The California Public Records Act explicitly includes emails in the class of records which are open to public inspection. For some reason, though, many agencies are resistant to this idea and think that somehow emails are less recordy than more old fashioned kinds of records. This weird theory, along with the fact that the CPRA doesn’t impose any kind of obligation to retain records on agencies, has inspired bunches of agencies to establish absurdly short retention schedules for emails.

There are plenty of BIDs in the City of Los Angeles, for instance, which claim that they delete emails after 30 days. They’re lying, of course, but the fact that they say this makes it harder to prove that they’re illegally withholding records. And they are consciously adopting these policies to avoid having to comply with the CPRA. For instance, at the famous BID anti-CPRA seminar held by Carol Humiston last summer, she told attendees that:

You do not need to save most emails. If you want to preserve important information that was sent by email, print it out, make a copy, and delete it from your computer.

And evidently this is a problem all over California, although I’m guessing that it doesn’t take such a consistently extreme form outside of Los Angeles. Which is I guess the inspiration for the timely and most excellent AB 1184. Written by San Diego Assemblymember Todd Gloria, this bill would require that agencies retain emails for a minimum of two years.

If you support government transparency, and why would you be visiting here if you did not,5 well, I hope you’ll write or call your legislators and tell them to pass this damn bill. If you don’t know who they are you can find them here. And turn the page for some text!
Continue reading San Diego Assemblymember Todd Gloria’s Bill AB-1184 Would Require Public Agencies To Retain Email For No Less Than Two Years — Which Is Exceedingly Important — Many Of Them Use Absurdly Short Retention Periods Intentionally To Evade CPRA Obligations →

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