Remember last January? Before all this pandemic insurrection nonsense? Anyway, that’s when I filed a suit against both the Highland Park Business Improvement District and the Lincoln Heights BID1 over their failures to comply with the California Public Records Act. I haven’t written much on it because at first it looked like it was going to settle quickly. The BIDs agreed to produce the records and everything was fine.
Then they fired their lawyers and hired Carol “World’s angriest CPRA lawyer” Humiston’s firm, Bradley & Gmelich, to fight the petition instead. Humiston, of course, has it in for me and is even willing to break the law and the rules of the California State Bar to further her obsessive campaign. She apparently actually believes that the only reason I request records from BIDs is to fuck with them and run up their lawyer bills, and she’s determined to prove this in court.
Now, I’ve worked out a very simple plan. First, we collect every key on this ship and tag it with the name of the owner. Second, we strip all hands to make sure we got all the keys. Third, we test each key on the icebox padlock, and the one that fits will give us the name of the owner.
Despite his blah blah blah about a work plan and handling requests sequentially, what they’ve really done is to stop producing records at all. But they’re somewhat hindered in this project by the fact that Gmail is free and the law doesn’t allow them to inquire too deeply into the identities of requesters.
But late last year they settled a major CPRA case with the ACLU and part of the agreement required the Department to adopt a policy stating explicitly that LAPD employees, both sworn and nonsworn, were subject to discipline for willful violations of the law. And since they will no longer produce records in response to my requests I’ve been using the time I would have spent reviewing and writing about their records to file complaints against them instead.
Also as usual they produced emails and their attachments as huge, unwieldy, non-text-searchable PDFs with highly degraded quality even though I asked them for MBOX files and the law requires them to produce MBOX files.2 They also produced attachments this way. You can see from the image what this process does to image files3 but imagine how incredibly useless it makes a spreadsheet! The CPRA’s requirement, found at §6253.9, is clear:
6253.9. (a) Unless otherwise prohibited by law, any agency that has information that constitutes an identifiable public record not exempt from disclosure pursuant to this chapter that is in an electronic format shall make that information available in an electronic format when requested by any person and, when applicable, shall comply with the following:
(1) The agency shall make the information available in any electronic format in which it holds the information.
(2) Each agency shall provide a copy of an electronic record in the format requested if the requested format is one that has been used by the agency to create copies for its own use or for provision to other agencies. The cost of duplication shall be limited to the direct cost of producing a copy of a record in an electronic format.
They refuse to do it, though, as they have been refusing since at least 2014. They change their reasons all the time, often in response to my pointing out that they’re lying about their capabilities. These days they’re not denying that they can produce MBOX files because everyone knows by now that they can do it even they used to say explicitly that it was impossible.4 Their current argument, also a lie, is that it’s impossible to redact MBOXes, so they can only produce as PDFs, which they can redact.
Which, as was very recently revealed, was certainly not the whole truth. Furthermore, I recently obtained this email chain involving LAPD CPRA analyst Masoomeh Cheraghi. She responded in May 2020 to a February 2020 email announcing various LAPD facial recognition policies, announced that she was working on my request,1 and was told by LAPD staff that there was in fact a Detective Bureau Notice on the subject.
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 hundred1 pages, printed out on paper, in an untidy stack, and told me I’d have to pay $0.10 per page to obtain copies.
One of the conditions requires LAPD to use a web platform for handling CPRA requests, to publish the requests so that they’re searchable, and to publish records produced as well. The full text of this clause is transcribed below. The City addressed this requirement by adopting NextRequest, but so far LAPD has failed to publish requests consistently, and even when they do publish them, they often won’t publish the released documents or the conversation with the requester, both of which the settlement requires them to do.
In particular, at the time of writing, requests 19-4413 and 19-4414 remain unpublished and the released documents remain unavailable and unsearchable for anyone but the logged-in requester. It’s essential that LAPD publish all published requests, but I have a particular interest in these two given that recently LAPD Chief Michel Moore publicly accused me of making requests that “are intentionally designed to be unclear, confounding, and/or overbroad.”
The evidence Moore cited is based on these two requests, which are none of the things he accuses me of intentionally designing them to be. So a couple weeks ago I asked LAPD Lt. Marla Ciuffetelli, new boss of the CPRA Unit, to publish them. She has so far completely ignored my request1 despite the fact that LAPD is subject to a court order requiring publication and despite the fact that the requests are themselves public records, which I requested.