Got Towing Fees?

Fortunately in Lakewood no ones car is ever towed as their is no parking enforcement and even when there is, LASD is not involved in it in any way, especially enforcement. It is the city civilian "parking enforcement staff" who have to call the city council to get an ok to write a parking ticket (for fear of pissing of one of the 2500 people that elects the council). This is a good idea given what we have to pay cops per hour to do this. (only problem is the parking enforcement people dont even pay for themselves with the fines collected; but I digress). Oh one other point... the parking staff leaves at 5pm when all the parking violations occur (once people come home form work). At that point you have to call LASD to complain about a parking problem. Perhaps if the violation is parking in front of a cops driveway you might get someone to respond.

The stories below are really a sad commentary on the greediness of law enforcement. Here are people who we pay very well to enforce the law yet they take advantage of their position to rip off the taxpayers even more. According to a high ranking cop I know the argument for paying police extremely high salaries in CA was to prevent corruption. Well I guess it has not worked at LASD. Even sadder is the fact that the LASD sheriff retired before being accused (caught). So he was making the top pay scale when he "allegedly" ripped off the city. What do you think the chances are this will ever get to court or that this cop will refund the money off his 100k a year pension benefits we are paying? Not likely.

LAAG hopes to revisit this story but we are pretty sure we will not hear of this story again. What is even sadder is this has likely happened before and never made it into the press. Also the LASD is also "reviewing several other internal policies" where I suppose graft and corruption could exist but that have not even been looked at yet. Very sad. I wonder if there are any investigations going on in Lakewood? Surely not (an no one in this city questions anything LASD does) and if there were you can be sure we will never know about it. Wonder if the city ever finished this "investigation"? Where are the results?

Probe of alleged theft prompts L.A. County sheriff to review impound policies
Lee Baca says he plans to have tow-truck operators collect the fees instead of department officials. Investigators are looking into the alleged theft of $400,000 by a sergeant.
By Richard Winton
October 23, 2008

Los Angeles County Sheriff Lee Baca said an investigation into allegations that a sergeant stole more than $400,000 in car impound fees has prompted a review of the way his department handles such transactions for the dozens of cities it patrols.

Baca said he plans to have the towing operators collect the administrative fees directly from motorists, rather than involving sheriff's officials in the process.

"I don't see the need for the department to be a cashier," he said. "The system has to be tightened."

Sheriff's officials initiated the review after La Puente officials reported a significant shortfall in the fees that were supposed to have been collected by the Sheriff's Department, authorities said.

The sergeant retired from the department in May shortly after he was placed on leave as a result of the ongoing investigation, authorities confirmed this week. He could not be reached for comment. No charges have been filed in the case.

"Our residents have been stolen from," said La Puente Mayor Louie Lujan. "This is a large amount of money. It will have a direct impact on our city budget."

According to authorities, the sergeant supervised La Puente's car impound program and also ran the drunk driving task force and other programs that led to impounds.

John Stites, president of the Los Angeles County Professional Peace Officers Assn., said a union attorney was ready to rebut any allegations made against the sergeant.

"They have been playing around with this for about a year and they have yet to present anything," Stites said.

As part of the investigation into the missing funds, Baca said, detectives have seized money but "not enough to cover the shortfall." He did not say from whom the money was seized.

Michael Gennaco, head of the Office of Independent Review, which serves as the Sheriff's Department watchdog, said the way the cash was handed to deputies by vehicle owners at the Industry Sheriff's Station was problematic.

"That is not a good practice. There is a need for systemic change to avoid this kind of problem," he said.

Gennaco said other stations have had issues. Compton, for example, had accounting discrepancies, but authorities did not establish that money had been stolen, Gennaco said.

Winton is a Times staff writer

richard.winton@latimes.com


Sheriff's department re-thinking towing fees
By Tania Chatila, Staff Writer
Article Launched: 10/24/2008 10:55:17 PM PDT

The Los Angeles County Sheriff's Department is reexamining how it collects towing fees after allegations emerged a former traffic sergeant took nearly $500,000 from the city of La Puente.

Sheriff's spokesman Steve Whitmore said while several potential policy changes are on the table, Sheriff Lee Baca wants to take the department out of the collection process completely.

"The sheriff has a strong feeling that the sheriff's department should not be a cashier," Whitmore said.

The department has been reviewing their policies for the past few months, Whitmore said. It stems mostly from an ongoing investigation into allegations former Industry station Sgt. Joe Dyer was stealing tow money from La Puente.

The department's Internal Criminal Investigations Bureau has been investigating Dyer since the beginning of the year.

Officials believe he was collecting towing fees intended for La Puente, but not turning over all of those fees to the city.

La Puente is supposed to receive $168 each time a car is impounded.

That fee is paid to the sheriff's Industry Station, which issues a receipt that the driver must provide to reclaim his or her vehicle at La Puente-based Haddick's towing company. The driver then pays a separate fee to Haddick's and the car is released.

La Puente Councilwoman Lola Storing said officials believe Dyer was only dropping off a portion of those fees and receipts at City Hall - which were never reconciled with the Haddick's records.

Dyer retired in May. He did not return calls seeking comment.

"Let's just say that this has been a wake-up call for the department," said Michael Gennaco, chief attorney for the Office of Internal Review.

The OIR is an independent agency that reviews alleged policy violations within the Sheriff's Department. They are aware of the allegations against Dyer and expect to receive a copy of the case once it is submitted to the District Attorney.

"It's still an ongoing investigation," Whitmore said. "But once it's done we will seek prosecution."

There has been one other case within the department involving mishandled tow fees, Whitmore said.

The incident took place in 2007. It involved a deputy in Compton who was suspended for 10 days after failing to follow the department's money handling procedures, Whitmore said.

Gennaco said that while there was initial concern this deputy might have stolen money, the evidence didn't bear that out.

"There was no evidence of any funds missing," Whitmore said. "Apparently he was not doing the paperwork properly. There was no money involved."

The incident is chronicled in an OIR quarterly report released earlier this year.

Gennaco said strides have already been made at the sheriff's Industry Station to reduce the potential for theft.

"The way things are done now in Industry are totally different," he said.

The department is also reviewing several other internal policies and will consult with the Board of Supervisors, Whitmore said.

Other options include taking the department to a cashless system, he said.

"One of the difficulties is we've got 40 cities and each city kind of has its own way of doing things," Whitmore said. "The whole key here is to encourage people to be honest."

La Puente officials are also reviewing their own cash handling procedures.

Staff Writer Frank C. Girardot contributed to this story.

tania.chatila@sgvn.com

(626) 962-8811, Ext. 2109

Lakewood Accountability Action Group™ LAAG | www.LAAG.us | Lakewood, CA
A California Non Profit Association | Demanding action and accountability from local government™

click here to receive LAAG posts by email

Bailouts for CA pensions next up

I knew this was coming. You could see the writing on the wall 3 years ago or more. So we the taxpayers bail out the banks and Wall St. Then we bail out AIG. Now we are going to have to bail out the pension funds of those hard working cops who bring lawsuits upon us taxpayers (when the shoot and taser people "accidentally") as well as all their "hard working" civil servant cousins. Yes that's right Joe Taxpayer. You go to end of the line. Too bad your 401k just ate it in the last two weeks. No one to bail you out. But who will pay the cops $100,000 a year retirement and gold plated healthcare for life with cost of living when Wall St. dented their pension funds? YOU WILL of course. Wake up private sector zombies! You better get in line for your bailout before its all gone! You know what rolls down hill...and guess who is at the bottom. You cant really have a bigger train wreck can you? Idiots in government running a pension fund the size of a small country and when they screw up they get bailed out.

Like I say all the time. The solution to the problem is that we all go work for the government and leave the private sector jobs to third world (soon to be first world) countries. Next we will nationalize the banks. Ahh socialism is great ain't it? Well it is if you are a public employee. The rest of us have to pay for it.

Retirement system bailout feared
By Troy Anderson, Staff Writer
Article Launched: 10/08/2008
http://www.dailybreeze.com/ci_10674612

The Wall Street meltdown has siphoned tens of billions of dollars from local and state public pension systems over the past year, and elected officials and taxpayer groups expressed worry Wednesday that taxpayers might ultimately have to bail out the plans.

The state retirement system has lost about $50 billion in investment value since June 30, 2007, a drop of about 20 percent in just over a year.

Los Angeles County's system has dropped 8 percent, from $40.9 billion down to $37.8 billion, during the same period.

The city of Los Angeles Fire and Police Pension System dropped 13 percent, to $12.1 billion.

And the state teachers retirement system has also dropped 8 percent, down to $158.6 billion.

Former Assemblyman Keith Richman, who heads a foundation seeking pension reform in California, said the drop in assets "is going to put a severe financial strain on the taxpayers."

He noted that state taxpayers already are on the hook for several hundred billion dollars in unfunded liabilities for public employee pensions and retiree health care plans.

"The public employee pensions were going to place a heavy cost on the taxpayers before the drop in the stock market and it's going to be even more costly now," said Richman, president of the California Foundation for Fiscal Responsibility.

Jon Coupal, president of the Howard Jarvis Taxpayers Association, said the drops in the funds, especially the $49.2 billion drop in CalPERS, are "Exhibit A" in why state lawmakers should have adopted Richman's plan a few years ago to shift new state employees into 401(k)-type retirement plans.

"So not only do private employees see their own 401(k) retirement accounts shrinking, they are now also on the hook to pay additional costs for public sector pensions that are unfunded," Coupal said. "This is highly unjust."

But California Public Employees Retirement System spokeswoman Patricia Macht said the system has experienced heavy losses before, only to recover fairly quickly. After the Sept. 11, 2001, terrorist attacks, the fund lost about $50 billion but ultimately rebounded with a $120 billion gain, she said.

CalPERS holds about 56 percent of its investment portfolio in the stock market, she said, but no more than 0.5 percent of that in any single public company, with additional diverse investment in bonds, real estate and commodities.

"One lesson we learned in the early 2000s was the need to hold back some of our gains - to spread our gains over a longer period of a time," she said.

Macht said the taxpayer contribution to CalPERS won't need to be increased in the fiscal year starting July 1. But she said CalPERS will have to wait to see how the market does before determining if the taxpayer contribution will need to be increased in future years.

Les Robbins, chairman of the Los Angeles County Employees Retirement Association, said the board has plenty of money to pay for county employees' pensions.

"We haven't seen anything like this since 1929," said Robbins, a retired sheriff's sergeant. [is this not inconsistent with his prior statement...never mind he is a cop already on the dole...LAAG Editor] "But we're in this for the long haul. We work in 30-year cycles. We are a conservative fund." [Yes and so were my 401k stocks..again public employees in denial of reality]

Michael Perez, general manager of the city's Fire and Police Pension, said the fund has dropped significantly and he's gotten lots of calls from worried members.

"It's affected us as it has every other public pension system," Perez said. "We're a well-funded and well-diversified plan and we smooth asset values over a five-year period. We've been in existence since 1899 and have been through a lot of market cycles."

At Tuesday's Board of Supervisors meeting, Supervisor Zev Yaroslavsky expressed concerns about a recent LACERA report noting the fund has exposure to several large investment banks that filed for bankruptcy, received a federal bailout or were purchased by another bank, including Lehman Brothers Holdings Inc., American International Group Inc. and Merrill Lynch Co. Inc.

LACERA Chief Investment Officer Lisa Mazzocco wrote that the fund has more than $150 million invested in companies that could be at risk.

"The magnitude of this week's events is incomprehensible," Mazzocco wrote. "In a matter of 10 short days, the country's financial system has been dramatically altered."

Supervisor Yvonne Brathwaite Burke said LACERA had initially estimated it may lose $84 million.

"We had a lot of warning," Burke said. "And so I was really surprised that there was such a difference in terms of the approach of the county and the approach of LACERA as it related to some of those investments."

But Yaroslavsky said the $84million is "pocket change" compared to what the losses may eventually total. Yaroslavsky said the county may ultimately have to bolster the LACERA fund with hundreds of millions of dollars.

The annual taxpayer contribution to the fund has risen from $194million in 2001 to $752 million last year.

"The real impact is going to be when we have to make up what could be in the nine figures on the retirement contribution - to make up the difference between what they lost in earnings and what has to be put in to meet the requirements of funding the pension plan," Yaroslavsky said.

troy.anderson@dailynews.com

Lakewood Accountability Action Group™ LAAG | www.LAAG.us | Lakewood, CA
A California Non Profit Association | Demanding action and accountability from local government™

click here to receive LAAG posts by email

LAPD innovation needed at LA Sheriff's Dept.

Once again LASD (Los Angeles County Sheriff's Dept.) is way behind the times and LAPD (Los Angeles Police Dept.), an organization just as large as LASD and just as bureaucratic. Yet with forward thinking leadership via "Broadway Bill" Bratton (appointed not elected no less) we get some pretty innovative ideas. His crime mapping idea borrowed from his ideas while in NYC seems to be making progress. The latest idea is the tip site. We like the idea and will monitor its progress. Another idea is LAPDTV which this week is airing live crime scene work from the excavation of a possible burial site of a murder victim from the 1960's. Pretty innovative stuff. LAAG likes government transparency. That is very hard to come by with LASD. We all know what happens without oversight (i.e. the subprime mortgage financial mess).

Don't expect anything like this from LASD which is still policing in the 1970's. Time for some fresh leadership at LASD. Too bad we have to leave LASD leadership election up to the voters.

http://www.latimes.com/news/local/la-me-text18-2008sep18,0,2533933.story
From the Los Angeles Times

LAPD unveils new tipster tool: anonymous text messages
Chief William J. Bratton says he hopes the new technology will generate more crime tips from the public.
By Richard Winton, Los Angeles Times Staff Writer

September 18, 2008

Los Angeles Police Chief William J. Bratton on Wednesday unveiled a new system allowing people to provide anonymous crime tips to police through text messages and the department's website.

Bratton said he hoped the new technology, which protects the sender's identity, would generate more crime tips to the LAPD from the public.

"Far too often, victims and witnesses are too afraid to come forward out of fear of retaliation. Today, we're changing that," said L.A. Mayor Antonio Villaraigosa, who appeared at a news conference with Bratton.

Villaraigosa demonstrated the new text message system, sending an anonymous message from a cellphone saying he had witnessed a robbery and that the suspect had entered a grocery store at 8th Street and Broadway. After sending the message, the mayor received a reply assigning him an alias, which he could use to contact police and provide additional information.

Messages from tipsters are delivered to the Los Angeles Police Department's Regional Crime Center, the agency's information hub for daily operations through which tips are relayed to detectives and patrol officers in the field. The system also allows officers to communicate with the anonymous sender via text messages, according to LAPD Capt. Joel Justice.

Justice said the text message system was already used by police in New York, Boston and San Diego.

Tipsters send text messages to 274637 -- which spells the word CRIMES -- then type LAPD. The message is routed through a national system to Los Angeles police. Tipsters will also be able to convey information on www.lapdonline.org by clicking on the WebTips icon.

At the news conference, law enforcement officials said they hoped the public would use the system to assist police in cracking high-profile crimes, such as the Aug. 2 slaying of L.A. County sheriff's Deputy Juan Escalante, who was attacked outside his Cypress Park home, and the string of 11 slayings in South Los Angeles dating back to 1985, which police say were committed by a serial killer.

"We need more clues than we have now," said LAPD Deputy Chief Charlie Beck, who is overseeing the serial killer investigation. "We will solve this crime, but we would rather solve it sooner rather than later." richard.winton@latimes.com


Lakewood Accountability Action Group™ LAAG | www.LAAG.us | Lakewood, CA
A California Non Profit Association | Demanding action and accountability from local government™

click here to receive LAAG posts by email

Oriental fruit fly "invasion"

Fortunately this time the county/state is not using aerial malathion spraying to kill the fruit flies as they did with the Mediterranean fruit fly in the early 1990's as that likely killed off millions of badly needed honey bees that help to pollinate the fruit trees and everything else. See more on the bee crisis (colony collapse disorder) here

Crop-Destroying Fruit Flies Found In Lakewood
http://cbs2.com/local/oriental.fruit.flies.2.825940.html

LAKEWOOD A half-dozen Oriental fruit flies were found in Lakewood traps this week, causing agricultural officials to extend eradication efforts for at least eight more weeks to combat the crop-destroying pest, it was announced Thursday.

Eight of the insects were discovered in the Lakewood and Pasadena-San Marino areas between July 23 and Aug. 16.

Having emerged victorious after a long battle with the Mediterranean fruit fly, state and county officials moved quickly to protect the state's $32 billion agricultural industry, initiating a series of treatments using pesticide-laced bait to attract and kill male fruit flies.

The bait, sprayed on utility poles, is applied every other week, said Ken Pellman of the county Department of Agricultural Commissioner/Weights and Measures.

State agriculture workers also have been cutting and checking fruit growing in the area for the presence of maggots.

A quarantine established to restrict the movement of fruit and vegetables from or through the Lakewood area covers a 75-square-mile region where the bulk of the fruit flies were found.

It was not immediately clear when the quarantine would be lifted.

No aerial treatments have been planned, according to county officials.

The Oriental fruit fly is described by agricultural experts as one of the world's most destructive insect pests. Mated females lay eggs inside a wide variety fruits and vegetables. The maggots that hatch from those eggs then feed on the flesh of the produce, rendering it unfit to eat.

Originating from Southeast Asia, the insect has established itself in Hawaii and other Pacific islands.

Further information is available by calling the California Department of Food and Agriculture Pest Hotline at (800) 491-1899.

Those wanting to transport fruits or plants in or out of the region should call (562) 940-7803.

Lakewood Accountability Action Group™ LAAG | www.LAAG.us | Lakewood, CA
A California Non Profit Association | Demanding action and accountability from local government™

click here to receive LAAG posts by email

Use of personal email accounts for government business

see our story update 3-29-11 at bottom of this post

We reprint the story below from the Washinton Post to again put all public officials on notice that using a "personal email" account for official government communications subjects the entire contents of the email account to public records act requests. We went through this before with the Karl Rove camp using @RNC (republican national committee) email addresses for official government email as a way of subverting public records requests. We have brought this issue to the attention to the Lakewood City Council numerous times yet all five still use their personal email accounts and not accounts @lakewoodcity.org. So we wait until this blows up in their face much like it did for poor little Sarah Palin, who only a few months ago was herself a lowly city council member. We also brought up to to the city council a number of times that they did not post ANY email addresses on the city website for citizens to contact them directly. We feel the reason for this is much like Bush, Cheney and McCain who don't use email simply because they want no paper trial of any of their activities. The fewer Lakewood residents that email the council about issues the better. That way there is no trace of the issue, the date, or the response or lack thereof. Then like most politicians, when the the problem blows up they can say they never knew about it (and you have no way of proving it)

All the Palin email was posted at Wikileaks.org and that site was overloaded all evening. Apparently the news media is pouring over it or the secret service is trying to take it down. Gawker had some posted.

Once again Lakewood City Council, you are on notice that this practice is wrong and needs to stop. Oh and for those that dont have the councils "non official" (and only) email addresses here they are:

Todd Rogers -- tsrr@msn.com
Joe Esquivel -- bayoujo@aol.com
Larry Van Nostran -- oldeacon@aol.com
Steve Croft -- stacro@aol.com
Diane DuBois -- diane4citycncil@aol.com

Hackers Access Palin's Personal E-Mail, Post Some Online

By Michael D. Shear and Karl Vick
Washington Post Staff Writers
Thursday, September 18, 2008; A04

A group of computer hackers said yesterday that they had accessed a Yahoo e-mail account of Alaska Gov. Sarah Palin, the Republican vice presidential nominee, publishing some of her private communications to expose what appeared to be her use of a personal account for government business.

The hackers posted what they said were personal photos, the contents of several messages, the subject lines of dozens of e-mails and Palin's e-mail contact list on a site called Wikileaks.org. That site said it received the electronic files from a group identifying itself only as "Anonymous."

"At around midnight last night some members affiliated with the group gained access to governor Palin's email account, 'gov.palin@yahoo.com' and handed over the contents to the government sunshine site Wikileaks.org," said a message on the site.

Rick Davis, the campaign manager for Republican presidential nominee John McCain, issued a statement yesterday afternoon condemning the incident.

"This is a shocking invasion of the Governor's privacy and a violation of law," he said. "The matter has been turned over to the appropriate authorities and we hope that anyone in possession of these e-mails will destroy them. We will have no further comment."

The episode focuses attention on Palin's use of her personal e-mail account as lawmakers in Alaska look into whether she fired the state's public safety commissioner, Walter Monegan, because he refused to take action against her brother-in-law, a state trooper at the time.

Palin has been criticized in recent days for using a personal e-mail account to conduct state business. An Alaska activist has filed a Freedom of Information Act request seeking disclosure of e-mails from another Yahoo account Palin used, gov.sarah@yahoo.com.

That account appears to have been linked to the one that was hacked.

Both accounts appear to have been deactivated. E-mails sent to them yesterday were returned as undeliverable.

Andrée McLeod, who filed the FOIA request, said yesterday evening that Palin should have known better than to conduct state business using an unsecured e-mail account.

"If this woman is so careless as to conduct state business on a private e-mail account that has been hacked into, what in the world is she going to do when she has access to information that is vital to our national security interests?" she asked.

McLeod's Anchorage attorney, Donald C. Mitchell, said Palin declined to comply with a public records request in June to divulge 1,100 e-mails sent to and from her personal accounts, citing executive privilege.

"There's a reason the governor should be using her own official e-mail channels, because of security and encryption," the attorney said. "She's running state business out of Yahoo?"

McCain officials did not return calls and e-mails seeking further comment on the hacking and McLeod's remarks.

The images of the Yahoo inbox posted by hackers are stippled with the names of Palin aides using both official and private e-mail addresses.

Among the e-mails released as part of the records request in June were several from Ivy Frye, an aide, asking a state official whether private e-mail accounts and messages sent to BlackBerry devices are immune to subpoena, then reporting the answer to the governor and her husband, Todd, who also uses a Yahoo e-mail address.

One referenced "Draft letter to Governor Schwarzenegger/Container Tax" and another said "DPS Personnel and Budget Issues," an apparent reference to the Alaska Department of Public Safety.

Michael Allison, chief executive of the Internet Crimes Group, a private company specializing in Internet security, said the hackers may have accessed Palin's account by using publicly available information to guess her password, or by using a small program called a trojan to capture her keystrokes.

"I would hope the authorities would be all over this," Allison said. "The only deterrent is that people know the certainty of being caught."

Government Uses Commercial Email and Texting to Avoid FOIA Laws
Read More: Democracy, Disclosure, Email, Foia, Texting, Transparency, Twitter, Politics News
Peter Scheer
lawyer, writer and advocate for 1st Amendment rights
Posted: August 22, 2009 01:27 AM
http://www.huffingtonpost.com/peter-scheer/government-uses-commercia_b_265809.html

All public officials favor open government in principle. Who would dare say otherwise? In reality, however, they are in a perpetual search, guided by clever lawyers, for new ways to circumvent disclosure requirements--at best, because they view requests for records as a nuisance, and at worst, because they have something to hide (which can range from the merely embarrassing to the indictable).

The latest device for openness avoidance is the use of personal email accounts (and, increasingly, text messaging too) for government communications. Mayors, city council members, agency executives and school superintendents have been told that if they do government business on their gmail or yahoo accounts--anything but their official .gov email--their communications, no matter how focused on government matters, will never see the light of day.

What do your elected representatives do when they believe that their messages about government business are secret? In San Jose, city council members, like proverbial puppets on a string, take instructions during council meetings on how to vote, according to a San Jose Mercury News report on text messages sent by representatives of unions and other special interests.

The former San Bernardino County Assessor, who was arrested on drug charges and is under grand jury investigation, used electronic messaging on personal cell phones to direct his staff in partisan political activities, according to a report of an independent investigation commissioned by the county. The investigators found that the assessor and his staff had chosen this means of communicating in order to avoid creating public records.

You don’t have to be a legal scholar to appreciate the size of the loophole that this practice creates. If all it takes to avoid the obligations of the Public Records Act, California’s freedom of information law, is to use a commercial email account for official communications, then all such communications--except the occasional anodyne and self-serving message actually intended for public consumption--will shift to that private channel. The Public Records Act, already porous with special interest loopholes, might as well be renamed the California Official Secrets Act.

Lawyers for local government say that email and text messages sent or received on a private account, no matter their content, are not “public records” because they are not “. . . owned, used, or retained by” a government agency, as the Public Records Act requires. Electronic communications are “owned, used, or retained by” government only if they reside on a government server, they say. Despite the superficial plausibility of this reasoning, it is, indeed, only superficially plausible.

A government agency doesn’t do anything except through people--employees, elected officials, consultants, whatever--who are the government’s agents. Without getting too deep into legalese here, the point is that the actions of the government’s agents are imputed to the government, and the government is responsible for those actions. An arrest by a police officer, a mayor’s promise to a campaign contributor, a public school teacher’s grading of a student paper--all are actions of and by the government entity that these people represent.

The same is true for written communications about government matters that these people create or receive, regardless of the technology used or the account status. The communications are “owned,” “used” and “retained” by government because they are owned, used and retained by persons in their capacity as agents of the government.

Here’s an analogy. Suppose the mayor of your town, at a private meeting in her private home, signs a written agreement with a contractor to expand the local airport. The agreement is a paper document in the mayor’s house, miles away from her office at city hall. There is no doubt that this document is a public record that belongs to the town because it is “owned,” “used” and “retained” by the mayor as the town’s agent. Nothing changes if the document sits, not on the mayor’s kitchen table, but in the digital in-box of her personal email account at msn.com. Either way, it’s indisputably a public record that belongs to the town.

Finally, the objection is made that a search through a government official’s commercial email account for requested public records is overly intrusive. But any intrusiveness is due to the official’s choice to mix his personal email messages with his emails about government business. The remedy is not to deny citizens their access rights, but for government to adopt email use and retention policies that mitigate, if not eliminate, the problem.

What policies? Consider this proposal:

1) Agencies and local governments should set up one email account with gobs of storage capacity. To keep it simple and inexpensive, a corporate account (offering extra security) with Google or Yahoo will suffice.

2) Agencies’ .gov email accounts, by default, should “bcc” all emails to the government database account.

3) All government employees should be instructed that, when using their own commercial email account for government matters, they must “bcc” their business messages to the database account (and forward incoming business email there too). Basically, any email that is not strictly personal should be copied to the online storage account.

These three simple steps produce a comprehensive government database that provides the agency with a valuable archival resource; allows for consistent application of document retention policies; and, perhaps most important, is fully searchable using search engine technology with which all employees are familiar. Any public records requests for email can be quickly and simply processed through searches of the archive. (No IT personnel are needed!)

Many elected representatives have become proficient at using technology to thwart public access to government. Why not, instead, use technology to enhance the transparency and accountability of government?
----
Peter Scheer, a lawyer and journalist, is executive director of the California First Amendment Coalition, based in San Rafael, CA. http://www.cfac.org


Lakewood Accountability Action Group™ LAAG | www.LAAG.us | Lakewood, CA
A California Non Profit Association | Demanding action and accountability from local government™

click here to receive LAAG posts by email

California headed over a cliff

People used to joke about California falling into the ocean after the "big" earthquake. Well given what has happened on Wall St. this last week and given our unprecedented late budget, California may fall into the ocean all right. An ocean of debt. Tom McClintock, who is termed out this year and is running for congress sadly summed up California's predicament at the conclusion of the budget process on September 15-16 (11 weeks beyond the Constitutional deadline of July 1...but hey that's just the state constitution...its meaningless). We felt this needed to be aired as surely the mainstream press will not cover this as it needs to be covered:

Sen. McClintock: "I believe we've now also passed the point where conventional budget reductions can restore our state's finances. I believe we've reached a terminal stage of a bureaucratic state where our bureaucracies have become so large and so tangled that they can no longer perform basic functions. This fiscal crisis will now only get worse until we are willing to tell the Prison Guards Union, sorry but we're putting our wardens back in charge of our prisons. It can only get worse until we're willing to tell the Teachers Union, sorry but we're putting our teachers back in charge of their classrooms and we're putting our principals back in charge of our teachers. The bureaucratization, and the centralization and the unionization of our service delivery systems have simply priced our government beyond our economy's ability to support...

...I close my 22 years in this legislature tonight with this final warning. California's budget crisis will only worsen until the public elects a legislature and a Governor willing to restore the governing principles and practices under which this state once flourished, or until the credit market finally stops lending the state money..."

When McClintock concluded his statement there was utter silence from the Legislature. Not one democrat or republican said anything in opposition.

So is California headed the way of Vallejo and Lehman Brothers? I guess we will know next time this year.

For the remainder of McClintock's budget statement read below:

http://republican.sen.ca.gov/web/mcclintock/article_detail.asp?PID=346
Debate on the State Budget
Senator Tom McClintock
Date: August 29, 2008
Publication Type: Press Release

Mr. President:

Last year, when some in this chamber assured us that the budget was not only balanced, but included the biggest budget reserve in the state’s history, others of us issued an urgent warning that the budget was dangerously unbalanced and that we were fast running out of the time needed to implement reforms.

The State Controller reports that during last year we received $96 billion in revenues – a new record -- but spent $107 billion. And now we’re running out of money.

I am concerned that conventional budget reductions alone will no longer bridge the fiscal gap without severely impacting delivery of vital services.

We have centralized and unionized and bureaucratized our service delivery systems to the point they can no longer adequately perform the basic tasks for which they were designed.

Simply stated, we have created a bureaucracy we cannot afford.

We cannot afford spending 1/3 of a million dollars per classroom when only a fraction of that actually trickles into the classroom to educate our kids.

We cannot afford spending $42,000 to house a prisoner when Florida does it for $18,000 and the federal government for $26,000.

We are going to have to clear away the massive bureaucracy in our public schools that does nothing to educate our children and instead put teachers back in charge of their classrooms, put principals back in charge of their teachers – including the authority to hire and fire -- and put parents back in charge of their principals through their local school boards.

We are going to have to rescind the sweetheart labor contracts in our prisons, restoring management authority to the wardens and contracting out at least 50,000 prison beds.

We are going to have to replace the massive bureaucracy in our health system with a simple prepaid refundable tax credit to bring within the reach of every family a basic health plan of their selection.

This is the only way we are going to be able to maintain vital services without bankrupting the state. But if the consensus does not exist to enact conventional budget reductions, it certainly doesn’t exist to enact a fundamental restructuring.

During my 22 years in this legislature, I and others have laid out all these proposals, but they have fallen on deaf ears. There is some bitter irony in the fact that those who have voted against these proposals year after year accuse Republicans of not offering alternatives when that is all we have done year after year. But at some point very soon, these reforms, or others like them, will have to be enacted.

Senator Ducheny tells us that the budget before us is a baseline budget; that it merely continues business as usual. The problem is that business as usual produced $11 billion of red ink and we cannot afford to do so again.

Nor can I agree that the path to fiscal recovery is through taking the highest sales tax in the nation and raising it still higher with the second biggest tax increase in the state’s history. In that respect, I agree with Barak Obama who last night said: “In an economy like this, the last thing we should do is raise taxes on the middle-class.” And yet that’s the first thing this budget does.

I was here in 1991, and I warn you that raising the sales tax did not improve our finances – it made them worse.

The census bureau reports that in the last two years, a half million more people have moved out of California than have moved in. The historic migration FROM Oklahoma and Arkansas TO California in the 1930’s has now reversed itself in an historic outmigration of Californians TO those states with lower taxes and vastly less burdensome regulations (including Oklahoma and Arkansas). The difference is that the dust-bowl migration was caused by an act of God – the new migration is caused by acts of government – OUR government.

Those acts are fully within our power to reverse – but that will mean reversing the policies that have wrecked the once Golden State of California.

I would conclude with an observation on process. It is good that for the first time since the budget deadline we finally have a formal budget proposal on the Senate floor to begin deliberations. But it is unfortunate that this did not arrive on our floor in May. And it should have stayed on this floor day after day until it cleared the 27 votes needed to send it to a conference committee.

So I would ask those of you who voted to send an empty budget bill directly to the conference committee earlier this year to contemplate the damage that was done by bypassing the entire legislative process. And I would express the hope that the next session of the Senate finally return to the traditions and procedures that served this state so well for many, many decades and that produced relatively balanced and relatively punctual state budgets.


Lakewood Accountability Action Group™ LAAG | www.LAAG.us | Lakewood, CA
A California Non Profit Association | Demanding action and accountability from local government™

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Remember this little gem from 2002? You will now..

Like it or not property taxes will go up in LA county this year due to a little remembered Measure B passed in Nov. 2002 that basically gave the County Board of Supervisors a blank check and a way to bypass Proposition 13's limits on property taxes. When will the voters learn? These cute little measures passed in good times (using the typical scare tactic ads that ER care will dry up if you dont pass it) come back to haunt voters years later when they can least afford it. Well voters, the next time you pass a measure like this, think ahead a few years. And remember its not the cost to the taxpayers that is the real rub...its the waste of tax dollars built into the system that is the problem. To read the arguments pro and con on the 2002 Measure B (to refresh your recollection) click here

EGP News Service
http://www.egpnews.com/index.cfm?fuseaction=browse&id=%3C!id!%3E&pageid=1270

Property taxes in Los Angeles County were raised last Tuesday, Aug. 12 in an effort to bail out the Department of Health Services.

The county Board of Supervisors approved the increase of Measure B taxes by 0.0072 cents per square foot of improved property to raise an estimated $45.2 million annually, which will be used to help alleviate the department’s massive budget deficit.

Supervisor Michael Antonovich cast the sole dissenting vote, though Supervisors Zev Yaroslavsky and Don Knabe both expressed frustration that the department’s request for more tax money was not accompanied by a plan for eliminating its structural deficit.

“To me this just represents a shell game. It’s not really dealing with the systemic issues with the department,” Knabe said. “You still have not given us a deficit management plan.”

Health Services faces a budget deficit of $93.7 million over the coming fiscal year, which is projected to balloon to $484.9 million the following year due to federal and state funding cuts as well as expected rollover of debt, according to a DHS memo.

“I think Supervisor Knabe’s frustration is shared to one extent or another by all of us, but that doesn’t change... the fact that in a global sense, something needs to be done,” Yaroslavsky said. “We need this now. We need this in this fiscal year.”

Faced with the possibility that two of the four county-run hospitals might have to close their doors, Measure B was approved by voters in 2002 to raise funds for the county’s beleaguered health care network.

Measure B previously taxed improved property at a rate of 0.03 cents per square foot, generating $142 million annually, according to a report from county Chief Executive Officer William Fujioka.

With the tax hike, the owner of a 1,500-square-foot home or business will wind up paying $10.80 more annually, or $55.80 total per year.

Non-reimbursed trauma and emergency costs at county hospitals have increased about 11 percent annually--totaling $103.3 million--since 2003. Continual funding shortfalls have been plugged with one-time funding allocations that have since dried up, leaving a structural deficit in their wake, Fujioka said.

County officials will direct $36.8 million of the money generated annually through the tax hike to offset the costs of unreimbursed trauma and emergency services, with the remaining $8.4 million to be devoted to non-county trauma hospitals and bioterrorism preparedness.

Lakewood Accountability Action Group™ LAAG | www.LAAG.us | Lakewood, CA
A California Non Profit Association | Demanding action and accountability from local government™

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Likely Homicide near South St. and Woodruff St.

You can bet we will not hear anymore on this from LASD (Lakewood Sheriffs). They tend to sweep things like this under the rug. No details on if the body was in a house or just on the street. But if being investigated by homicide detectives I think it is likely that it is an obvious homicide. The 5900 block of Edgefield Street is right next to the intersection of Woodruff St. and South St. This is the LASD press release


Aug 11, 2008 4:45 am US/Pacific
Woman's Body Found In Lakewood
LAKEWOOD, Calif. (CBS) ― The death of a woman whose body was found in Lakewood was being investigated today by homicide detectives, a sheriff's deputy said.

The woman's body was discovered in the 5900 block of Edgefield Street,
near Woodruff Avenue, about 6:15 p.m. Sunday, said Deputy Byron Ward of the Sheriff's Headquarters Bureau.

No further details were immediately available, he said.

Lakewood Accountability Action Group™ LAAG | www.LAAG.us | Lakewood, CA
A California Non Profit Association | Demanding action and accountability from local government™

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Are there any more tax or budget "tricks" left?

The true scope of the recession is now becoming clear. The recession in the so called "private sector" is finally starting to hit home in the public sector. Here come the tax increases. And new taxes in areas or on items you have not seen before. You see while people in the private sector and at home learn to do with less, the little piggies in the public sector can't as they have never learned how to do that. Every year must bring new ("well deserved") raises, more pension goodies and more perks like cars and blackberries. Well its going to be really hard to "sell" these new state and local tax increases to people in the private sector now netting less money (due to inflation, energy and food prices, and home devaluations). The private sector is saying "Hey why should we be financing you fat government cats when we dont get the same". Good question. I guess it finally will be the sour economy that gets the taxpayers to stop swallowing the BS. Quite frankly I could do with less government "social" programs at the state and local level. Use what money you have for infrastructure. And lets cut way back on the billion wasted on forest fires. As you have surely read from the latest news posts on this we are pouring money down the fire department "overtime rathole" when it some to fighting the wildland fires that are not endangering homes.


August 2, 2008

State, local governments flirt with fiscal disaster as budgets grow bigger

http://www.delawareonline.com/apps/pbcs.dll/article?AID=/20080802/OPINION11/808020312/1004/OPINION

State and local governments in this country seem to be running out of budgetary tricks.

In June Delaware's General Assembly had to swallow hard and cut deep into the state budget.

In California this week, Gov. Schwarzenegger escalated his fiscal battle with the Democratic Legislature by cutting the pay of 200,000 state employees. In New York, Gov. Paterson called the state's revenue situation dire, asked for federal help and suggested privatizing the New York City subway.

The economic slowdown is hurting revenues. In addition, expenses at the state and local levels are mounting across the country.

USA Today estimated on Friday that state and local governments are likely to spend $3 trillion in 2008. That's about 13 percent of the country's gross domestic product.

On top of that, many state and local governments are in hock for pension and post-employment health benefits they have promised an ever-growing number of public employees. In addition, every state has seen mounting costs for the state share of Medicaid health and nursing costs.

The federal General Accountability Office warned earlier this year that those bills will come due within 10 years as the employees begin retiring in large numbers and more older citizens need long-term care paid for by Medicaid.

The scramble is on for extra sources of revenue. And that's where the tricks are starting to miss. Maryland, for example, just raised its tax on cigarettes by $1 a pack. But so many people have simply stopped smoking that despite the tax increase the state will be short $40 million t0 $60 million in revenue this year.

The rise in gasoline prices forced Americans to cut driving so much that the Highway Trust Fund is near bankruptcy. Fewer driven miles translates into fewer dollars collected from gasoline taxes. The downturn in the financial markets is crippling New York's economy and reducing revenues in every state, including Delaware, that depends on the credit industry for revenue.

The housing slump has cut revenue from real estate transfer taxes. Likewise, the high cost of gasoline and the shaky economy have depressed the market for cars. That, in turn, means fewer autoworkers.

Help from the federal government is likely to be limited. Just this week it was announced that the 2009 budget deficit will be $482 billion. That is beginning to worry a lot of investors.

Some of these developments may turn out to be temporary. But others won't. The long-term outlook, at least, calls for an end to tinkering with budget. Cuts are in order. So are better management and, unfortunately, increased fees and taxes where appropriate.

Most of all, the tricks must stop.

Lakewood Accountability Action Group™ LAAG | www.LAAG.us | Lakewood, CA
A California Non Profit Association | Demanding action and accountability from local government™

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graffiti "community service" bill

This law sounds good. First problem. You have to have police catch someone and that has to hold up in court. I want to know how many successful graffiti prosecutions LASD has prosecuted on the San Gabriel River or in the city of Lakewood in the past year. I am going to take a shot at none. And as the LASD and city of Lakewood reads this blog regularly we challenge them to prove us wrong. They send the stats we will post them.

The law (on the surface) is a common sense measure which ones does not usually see out of the legislature. Of course how do you really make a graffiti artist clean up the area for a year? You don't. Also the press release makes it sound like the "clean up" sentencing is mandatory, until you read the "weasel words" the legislature put in the bill to make sue some bleeding heart liberal judge can still let the defendant off. Really this sounds like nothing more than a press release event (to attempt to show how "hard working" our legislature is) rather than a real enforcement or punishment tool. I cant wait to see how often this is used. I suppose next the ACLU will challenge it as "cruel and unusual punishment" for "artists" and that what we need is more taxpayer funded "afterschool programs" to "channel their talent".

We found the law interesting due to the rise of graffiti in Lakewood and the San Gabriel River. Looks like we got our hopes up for nothing.

PRESS RELEASE

07/30/2008 FOR IMMEDIATE RELEASE

Gov. Schwarzenegger Signs Graffiti Vandalism Legislation

Continuing his commitment to public safety, Governor Arnold Schwarzenegger today signed legislation to hold offenders accountable for crimes of vandalism and to remove graffiti from California's streets and neighborhoods. AB 1767 by Assemblymember Fiona Ma (D-San Francisco) mandates community service for a person who has committed a criminal act of graffiti vandalism, and AB 2609 by Assemblymember Mike Davis (D-Los Angeles) requires defendants convicted of graffiti vandalism to clean up or repair the defaced or damaged property.

"As Governor, I have made the safety of our communities my top priority," Governor Schwarzenegger said. "By cleaning up graffiti and holding offenders accountable for their actions, this legislation will make our streets and neighborhoods a safer and cleaner place to live."

AB 1767 authorizes the courts in San Francisco to launch a pilot program where violators of graffiti vandalism are ordered to participate in a minimum of 24 hours of community service, when available, if they have reached a civil compromise with the victim. This law targets graffiti abatement service programs as the community service outlet for offenders and remains in effect until January 1, 2012.

Similarly, AB 2609 requires the court to order offenders paroled for a graffiti violation to clean up, repair or replace the damaged property. Defendants would also be required keep the damaged property or another specified property in the community free of graffiti for up to one year.


BILL NUMBER: AB 2609 CHAPTERED
BILL TEXT

CHAPTER 209
FILED WITH SECRETARY OF STATE JULY 30, 2008
APPROVED BY GOVERNOR JULY 30, 2008
PASSED THE SENATE JULY 3, 2008
PASSED THE ASSEMBLY JULY 14, 2008
AMENDED IN SENATE JUNE 10, 2008
AMENDED IN ASSEMBLY APRIL 17, 2008

INTRODUCED BY Assembly Member Davis
(Coauthors: Assembly Members Anderson and Solorio)

FEBRUARY 22, 2008

An act to amend Section 594 of the Penal Code, relating to
vandalism.



LEGISLATIVE COUNSEL'S DIGEST


AB 2609, Davis. Vandalism: penalties: community service.
Existing law, amended by Proposition 21, an initiative measure
enacted by voters at the March 7, 2000, statewide primary election,
and requiring a 2/3 vote of the Legislature to amend, makes a person
who maliciously commits specified destructive acts with respect to
another's property guilty of vandalism. Existing law grants the court
the authority to order a defendant who is convicted of violating
this provision, or to order the defendant and his or her parents, if
the defendant is a minor, to clean up, repair, or replace the damaged
property or keep the damaged property or another specified property
in the community free of graffiti for up to one year.
This bill would, in addition, require a court, when appropriate
and feasible, to impose the above cleanup penalties for any defendant
who was convicted of violating those vandalism provisions, as
specified. By increasing the penalties for a crime, the bill would
impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 594 of the Penal Code is amended to read:
594. (a) Every person who maliciously commits any of the
following acts with respect to any real or personal property not his
or her own, in cases other than those specified by state law, is
guilty of vandalism:
(1) Defaces with graffiti or other inscribed material.
(2) Damages.
(3) Destroys.
Whenever a person violates this subdivision with respect to real
property, vehicles, signs, fixtures, furnishings, or property
belonging to any public entity, as defined by Section 811.2 of the
Government Code, or the federal government, it shall be a permissive
inference that the person neither owned the property nor had the
permission of the owner to deface, damage, or destroy the property.
(b) (1) If the amount of defacement, damage, or destruction is
four hundred dollars ($400) or more, vandalism is punishable by
imprisonment in the state prison or in a county jail not exceeding
one year, or by a fine of not more than ten thousand dollars
($10,000), or if the amount of defacement, damage, or destruction is
ten thousand dollars ($10,000) or more, by a fine of not more than
fifty thousand dollars ($50,000), or by both that fine and
imprisonment.
(2) (A) If the amount of defacement, damage, or destruction is
less than four hundred dollars ($400), vandalism is punishable by
imprisonment in a county jail not exceeding one year, or by a fine of
not more than one thousand dollars ($1,000), or by both that fine
and imprisonment.
(B) If the amount of defacement, damage, or destruction is less
than four hundred dollars ($400), and the defendant has been
previously convicted of vandalism or affixing graffiti or other
inscribed material under Section 594, 594.3, 594.4, 640.5, 640.6, or
640.7, vandalism is punishable by imprisonment in a county jail for
not more than one year, or by a fine of not more than five thousand
dollars ($5,000), or by both that fine and imprisonment.
(c) Upon conviction of any person under this section for acts of
vandalism consisting of defacing property with graffiti or other
inscribed materials, the court shall, when appropriate and feasible,
in addition to any punishment imposed under subdivision (b), order
the defendant to clean up, repair, or replace the damaged property
himself or herself, or order the defendant, and his or her parents or
guardians if the defendant is a minor, to keep the damaged property
or another specified property in the community free of graffiti for
up to one year. Participation of a parent or guardian is not required
under this subdivision if the court deems this participation to be
detrimental to the defendant, or if the parent or guardian is a
single parent who must care for young children. If the court finds
that graffiti cleanup is inappropriate, the court shall consider
other types of community service, where feasible.
(d) If a minor is personally unable to pay a fine levied for acts
prohibited by this section, the parent of that minor shall be liable
for payment of the fine. A court may waive payment of the fine, or
any part thereof, by the parent upon a finding of good cause.
(e) As used in this section, the term "graffiti or other inscribed
material" includes any unauthorized inscription, word, figure, mark,
or design, that is written, marked, etched, scratched, drawn, or
painted on real or personal property.
(f) The court may order any person ordered to perform community
service or graffiti removal pursuant to paragraph (1) of subdivision
(c) to undergo counseling.
(g) This section shall become operative on January 1, 2002.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.


Lakewood Accountability Action Group™ LAAG | www.LAAG.us | Lakewood, CA
A California Non Profit Association | Demanding action and accountability from local government™<b>r>
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