This is just a short post to update you on the AIDS Healthcare Foundation‘s pending California Public Records Act petition against the City of Los Angeles. The petition was filed in September, and you can read about it some detail here. The short version is that the City put out a request for proposals for some housing stuff. AHF’s response was rejected. Subsequently AHF submitted a CPRA request asking for fifteen distinct categories of records related to the RFP process.
One part of the request was for the other responses to the RFP. The others had to do with communications regarding the RFP, names, resumes, and conflicts of interests of the people who scored the responses, and so on. And the City denied the request with a characteristically terse non-sequitur, stating that: “[it] is our policy not to disclose materials related to competing bids while the contracting process is still ongoing.”
The City of Los Angeles, you may recall, fights very, very few CPRA petitions filed against it. Between 2016 and early 2019 they settled nine out of at least ten cases. I myself have filed eight cases against the City since last year and they’ve settled three of them, agreed to settle three others, and two are just beginning. But they’re not settling this one, or at least they’re buying some time before they do settle.
And therefore on Monday, January 6, 2020, the City filed this answer to the petition. Answers in civil litigation can be notoriously devoid of content, and this one’s pretty much in line with that trend, what with the “to the extent that anything the petitioner said makes any sense respondent the City of Los Angeles denies it” and other such circumlocutions. But Bethelwel Wilson, the Deputy City Attorney who’s staffing the case, did include a couple fragments of substantial argument. In the first place, quoth Wilson:
Continue reading The AIDS Healthcare Foundation Filed A Public Records Suit Against The City Of Los Angeles In September 2019 – And Even Though The City Only Very Rarely Contests These CPRA Petitions They Are Contesting This One – Not Sure Why Though Given That AHF Asked For Fifteen Categories Of Records And The City’s Sole Defense Is Apparently That The California Supreme Court Said That Records In One Of Those Categories Are Exempt Under Certain Circumstances – Which Don’t Even Obviously Apply Here
Yesterday the Aids Healthcare Foundation held a press conference announcing a lawsuit against the City of Los Angeles for its alleged and exceedingly plausible arbitrary and capricious denial of an AHF homeless housing project. This is an important lawsuit with a a powerful and convincing petition in support of AHF’s laudable efforts to house the unhoused in Los Angeles. It’s been well-covered in the press.
Not quite as well-covered is the fact that in September 2019, as part of the lead-up to that lawsuit, AHF sent a request to HCIDLA for public records related to the bidding process in which their project was rejected. HCIDLA rejected it with a message stating that the Mayor’s Office had the records and that AHF should send it there. They did so, and a few days later Garcetti’s office sent them a denial stating “[it] is our policy not to disclose materials related to competing bids while the contracting process is still ongoing.”
Now, the CPRA is very clear on the fundamental fact that unless there is an explicit reason given in the law for withholding a record, that record must be released to anyone who asks for it. This is found at §6255(a), which says that “The agency shall justify withholding any record by demonstrating that the record in question is exempt under express provisions of this chapter or that on the facts of the particular case the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record.”
Continue reading On September 20, 2019 The Aids Healthcare Foundation Filed A California Public Records Act Petition Against The City Of Los Angeles — Just Four Days After Receiving A Characteristically Inadequate Denial From The Office Of The Mayor — This Is A Necessary — And Laudable — And Entirely Appropriate Action — I Can Only Think Of Two Strategies For Encouraging The City To Consistently Comply With The CPRA — One Is For Us To Pass A Local Sunshine Ordinance — And Until That Happens We Have To Sue The Freaking Crap Out Of The City Immediately Every Time They Illegally Withhold Records — Like Freud Said — If They Don’t Pay They Won’t Get Better — So Yay AHF!
A couple weeks ago I wrote about an email that self-proclaimed Hollywood superlawyer Jeffrey Charles Briggs had released to me in response to a CPRA request but later claimed that it was exempt from release as a result of his having solemnly intoned the words “deliberative process” three times while standing on his hands naked at a crossroads at midnight on the Summer Solstice, which is about the level to which the CPRA has descended in this fair City in these latter days.
I mentioned at that point that he and his infernal client, the Hollywood Media District Property Owners Association, had been ordered by the Hon. Mary Strobel to hand over a whole passel of other emails which they’d claimed were exempt for various reasons. So finally I received these emails from le super-avocat de Hollywood lui-même, and now you can read them too!
For extra behind-the-scenes CPRA thrills, compare them to Jeffrey Charles Briggs’s summaries and aggressively hallucinated exemption claims in the declaration and log he filed with the court. And turn the page for a detailed analysis in a couple of cases of just how deeply, arrogantly nonsensical these exemption claims are revealed to be once we can compare them with the actual emails.
Continue reading More Hollywood Media District CPRA Exemption Claims Exposed By Court Order As Unmitigated Mendacity — E.G. Laurie Goldman’s City Hall Gossip-Mongering Chittery-Chat To Fellow Board Members Ferris Wehbe And David Freaking Bass About Michael Weinstein, Eric Garcetti, And Little Mitchie O’Farrell Could Not Be Considered Part Of A Deliberative Process Anywhere Outside Of The Feverishly Dizzying Intellect Of Self-Proclaimed Hollywood Superlawyer Jeffrey Charles Briggs