City Council to Force Ed Boks to Do His Job

On March 20, 2009 the Los Angeles City Clerk entered the following Council Agenda item for the Council Meeting to take place on Friday, March 27, 2009 (downloadable PDF here):

WE ENCOURAGE YOU TO ATTEND THIS MEETING.
AN APPROXIMATE TIME FOR THIS AGENDA ITEM
WILL BE POSTED HERE LATER TODAY.

AGENDA

LOS ANGELES CITY COUNCIL
FRIDAY, MARCH 27, 2009 10:00 A.M.
JOHN FERRARO COUNCIL CHAMBER
ROOM 340, CITY HALL
200 NORTH SPRING STREET, LOS ANGELES, CA 90012
INTERNET: www.lacity.org; click on Council file number for background documents

ITEM NO. (19)
Council File number 09-0601
MOTION (CARDENAS - ALARCON - ZINE - ET AL.) relative to the Spay and Neuter Voucher and Coupon Program. Recommendations for Council action:
1. INSTRUCT the Los Angeles Department of Animal Services (DAS) to immediately reinstate the Spay/Neuter Voucher and Coupon Program funded through the Animal Spay and Neuter Trust Fund.
2. INSTRUCT the DAS, with the assistance of any other pertinent city department to report to the Public Safety Committee on Monday, March 23, 2009 on the status of the Spay/Neuter Voucher Program including the status of the high volume spay and neuter clinics.
3. REQUEST the Controller to perform a follow up audit of the 2008 Spay/Neuter Voucher and Coupon Program with the emphasis on the outreach and effectiveness of the program to reach out to low-income residents.
4. INSTRUCT the General Manager, DAS, to take into consideration the preliminary recommendations of the Spay and Neuter Advisory Committee’s Preliminary report to the Council due on March 30, 2009 and consult with the advisory committee members in moving forward with assuring the spay and neuter voucher program is made available to the city’s low-income residents and effective strategies are in place for outreach.
5. INSTRUCT the DAS to report back to Council on Tuesday, March 31, 2009 on the requested

We at BW are grateful to Councilmembers Cardenas, Zine, Alarcon and Garcetti for sponsoring this motion and for their continuing dedication to the animals and the People of Los Angeles (notwithstanding the horrendous vote to keep Billy the Elephant imprisoned at the Zoo. We expect them to reverse this decision and will lobby them accordingly.).

If you are also appreciative of the actions of Councilmembers, we urge you to call or write to them and thank them. You are of coure encouraged to say whatever else you think about the mismanagement of Animal Services under the current management by Boks and Barth. Leaving comments here is an easy way to do that. They do read this blog.

If you are needing the email addresses of any Councilmember, please email us at laboardwatch@gmail.com and we will gladly provide them. We have found that publishing email addresses on this site leads to spam being sent to those addresses and will no longer publish email addresses here. Probably.

BW.

Who's Gagging the Board of Commissioners? Ed Boks?

Today, the Board of Commissioners rocketed into 2009 with the posting of their first agenda As you can see, our prodding of the Board to take up the issue of budget cuts which have resulted in food shortages+/- Read more...

and the lack of basic shelter supplies has resulted in the Board considering the 2009/2010 budget. But wait...what about the budget we're in now which is causing the shortages? I guess we'll all just have to show up on Monday and say our peace during the public comment portion of the meeting.

Oh darn. Hoss Fool, Board Secretary, still has that illegal statement on the agenda:

Public Comments: The Brown Act prohibits the Board and staff from responding to the speakers' comments. Some of the matters raised in public comment may appear on a future agenda.

The problem, Hoss, is that it is NOT TRUE.

The Ralph M. Brown Act is that portion of the California Government Code which governs the conduct of legislative bodies (or boards) and which was enacted to ensure "open meetings." The Brown Act is also referred to as "CALIFORNIA LOCAL AGENCY OPEN MEETING LAWS."

Section 54954.2(a) states:

No action or discussion shall be undertaken on any item
not appearing on the posted agenda, except that
members of a legislative body or its staff may brieflyrespond to statements made or questions posed by persons exercising their public testimony rights under Section 54954.3. In addition, on their own initiative or in response to questions posed by the public, a member of a legislative body or its staff may ask a question for clarification, make a brief announcement, or make a brief report on his or her own activities. Furthermore, a member of a legislative body, or the body itself, subject to rules or procedures of the legislative body, may provide a reference to staff or other resources for factual information, request staff to report back to the body at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda.

This "statement" on the agenda is a good trick to gag the Board but is is illegal.

Diligent as ever, our own Jeff de la Rosa has exposed this little problem and made aware the Board, Hoss Fool as well as Councimember Dennis Zine and President Eric Garcetti. No response as of yet.

When did this gag rule go into effect? Here's where it gets interesting.

The first meeting agendawhich bears this unlawful gag order on the Commissiners is June 25, 2007. Of course, no minutes for this meeting are posted at laanimalservices.com/commission. But we seem to remember that, at least Jeff, spoke during the comment period demanding action from the Board. Yep, this is the first meeting which was supposed to address the issue of Jeff de la Rosa's dog Stu and the horrid treatment he was receiving while locked up in the pound for 2 years by this time. Ed Boks had been blocking the discussion item for weeks but it did make it on the very next meeting agenda.

Yes, the gag order was in effect for that meeting and has been ever since. We've found our gagger!

Sorry, Ed. We Gotcha!

For your convenience: ed.boks@lacity.org, ross.pool@lacity.org,dennis.zine@lacity.org,eric.garcetti@lacity.org

S.G. BW staff writer.

The High Cost of Doing Nothing. Part I (or "Merry Christmas, Stu.")

More Law Breaking and Wasting of Your Tax Dollars:

Los Angeles Animal Services Board Secretary Ross Pool Violates
Califorina Public Records Act - AGAIN .

We know from reading Ed Muzika's LA Animal Watch that requests to Board Secretary, "Hoss Fool", for Public Records under the Califorina Public Records Act often go ignored and mishandled by Ross Pool, whose official title is now "Senior Management Analyst" (last salary as "Management Anylyst II" $71,032.72). Linda Gordon who is a "Senior Management Anayst II" makes $115,466.40.

SHOCKING, I know. No wonder the City's broke. We are paying million$ in HIGH salaries to people who can't or won't or are not permitted to do their jobs.

It seems that Jeff's poor dog Stu's teeth have been rotting in his mouth since he first, in 2006, complained to Ed Boks and the Board in the form of an email blast complete with video postings on Stu's site at http://myspace.com/Save_Stu. No. they never did anything for Stu's teeth and wouldn't allow him +/- Read more...

to have bones or chew toys which might have helped.

Well, more than two years later and after Stu has suffered for that long with pain, bleeding gums and now lost teeth, Jeff's at it again.

With renewed prodding (and because Jeff has had a win in Superior Court (see case BS104874) over his Constitutional Rights being violated by Stuckey-remember him?- and the Hearing Examiner George Mossman and Capt. Karen Stepp -remember her?-and Debbie Knaan-remember her?) LAAS has finally succumbed to getting what's left of Stu's teeth "cleaned." However, they did it without Jeff's permission (after they asked for his permission and he imposed terms) and PUT STU UNDER GENERAL ANESTHESIA WITHOUT FIRST PERFORMING A BLOOD TEST-also without Jeff's permission.

Ed Boks is burning mad because Jeff has beat the City in court, without a lawyer, and is about to do so again for Stu and himself. Cost to you , the taxpayer in the above case was $736 in costs plus many hours of your City Attorney's time. Attorney Todd Leung makes about $200,000 defending Jeff's legal actions over his dogs. Your money.

In Part II, we'll look at Boks's lies (with actual letters and emails) and most recent effort to prey on Stu and Jeff; and Dr. Jeremy Prupas's blunders and poor judgment (which may end up as being determined to be malpractice) and the Board's refusal to address this matter at the direction of Ed Boks , Dov Lesel and the Mayor's buffoons.

Merry Christmas, Stu.

_____________________________________
Here's today's letter from Jeff to "Hoss" re: California Public Records Act.

Jeffrey de la Rosa
[ADDRESS DELETED]

December 24, 2008

via EMAIL and FAX to: (213) 482-9511

Ross Pool
City of Los Angeles
Department of Animal Services
221 N. Figueroa Street, 5th Floor
Los Angeles, CA 90012

RE: VIOLATION OF CALIFORNIA PUBLIC RECORDS ACT

Dear Mr. Pool,

On Wednesday, December 17, I wrote to Mr. Boks, Dr. Prupas and Board Vice President Commissioner Riordan and requested copies of the following Public Records:

1. The contract executed in or about September 2007 between the City of Los Angeles and/or Department of Animals Services and Bobby Dorafshar’s K9s Only.
2. All veterinary records for my dog, Stu, since 2005 including Stu’s exam and treatment at North Figueroa Animal Hospital which took place on or about December 4, 2008.

I received no response.

On Friday, December 19, 2008 I spoke with administrative assistant Maria Gomez ($74,103.12 per year) in your offices and again requested copies of the above records. Ms. Gomez informed me that I would need to speak with you about my request because you are “in charge of ALL the records; and she also said you had “left for the day.” She took my number and assured me that you would call on Monday December 22.

You did not return my call. I later discovered that you were actually in your offices at the time of my call on Friday and had not “left for the day.”

Today I telephoned your offices, shortly after 4 p.m. and spoke to you and renewed my request to inspect the above public records at your offices. You asked me when I wanted to look at them and I replied that I was near your offices and would come by before your close of business at 5 p.m. You replied, “I’m getting’ ready to go home” and attempted to put me off until December 24. When I arrived at your offices, you told me that you did not know where those records are located and that you would have to “hunt for them.”

Mr. Pool, I am not stupid, as you very well know. I have the right to immediate access to these records during business hours. It is common knowledge that my dog, Stu, is the most well-known dog abused by your department in recent history. Any fool would assume, and rightly so, that all records pertaining to Stu are within a few seconds of you and General Manager Ed Boks at your main administrative offices. It is equally unbelievable that you “don’t know where the records are” when you are apparently “in charge of ALL the records.”

As has been the case many times in the past regarding my requests for public records as well as those by others: You are in violation of the California Public Records Act, particularly California Civil Code (C.C.C.) §6253 (a) which states:

(a) Public records are open to inspection at all times during the office hours of the state or local agency and every person has a right to inspect any public record, except as hereafter provided. Any reasonably segregable portion of a record shall be available for inspection by any person requesting the record after deletion of the portions that are exempted by law.

and

(d) Nothing in this chapter shall be construed to permit an agency to delay or obstruct the inspection or copying of public records.

You have been aware of my request since December 17, 2008 and have done nothing to comply with it. After you disingenuously stated that you “don’t even know where they are” I asked you to specify which shelter may have the records so that I may go there to inspect them. You failed to furnish that information. Regarding the requested contract-- please be aware that public contracts are not excepted under the CPRA.
(San Diego Union v. City Council, 146 Cal.App.3d 947 (1983)).


Please also be advised that you and the City are now liable for damages, costs and attorney fees pursuant to California Civil Code §§1798.45-1798.48 You may be personally liable for damages as well as the City being liable for damages. If Mr. Boks has instructed you to “delay or obstruct” the inspection of these records, they are equally liable.



As you know, I have been for a very long time urgently concerned about Stu’s health and the delay tactics and cruelty by your department in these matters has caused me severe emotional distress which is compensable under applicable law.
When you are served with the court action for the most recent act of your habitual transgressions of the law, please do not misconstrue legal action as a withdrawal of my request.


Sincerely,


Jeffrey de la Rosa

CC: Council President Eric Garcetti; Councilperson Dennis Zine; Councilperson Tony Cardenas; Councilperson Bernard Parks; Commissioner Kathleen Riordan; Ed Boks, General Manager ; Jim Bickart Edmund Brown, Attorney General, BoardWatch, LA Animal Watch.