[ad_1]
When the flames erupted in Palisades in the Pacific Ocean on January 7th, Los Angeles mayor Karen Bass was more than 7,000 miles away on a diplomatic mission to Africa.
Base returned home shortly thereafter, transporting almost 24 hours a day as the fire destroyed Pallisard and surrounding communities.
She and her office say she is constantly communicating during that period. However, according to city lawyers, it is impossible to know exactly what she is telling because her message was not saved.
“Her phone calls are set to not store text messages,” said lawyer David Michaelson.
Michelson said there is “no requirement that city officials or employees save text messages,” despite the fact that the city’s own document retention policy directs it to be maintained for at least two years.
Under state law, “any writing” related to government actions is considered public record. On January 10th, the Times submitted a request for public records for any text messages sent or received by the mayor in transit on January 7 or January 8th, referring to fire response or travel plans.
The bass has been heavily criticized for being abroad when the fire broke out amid forecasts of historically dry winters and hurricane winds.
Almost two months later, Bass ‘Office said it had “no responsive records” without giving any reason to withhold or not creating records.
Responding to Times’ questions on Friday, Michaelson said Bass’ phones have automated texting and have been having it for at least two years.
Section 12.3(b)(6) of the Administrative Act of Los Angeles, stating that most records will be held for at least two years unless the shorter period is otherwise permitted by law, unless the shorter period is established by law or is not consistent with state law, unless a different period of retention is established by the Board of Directors’ order or resolution.”
Michaelson argued that Section 12.3(b)(6) did not apply to the text and relied on the general opinion of the state attorney in 1981 to text messages before they became a general means of communication.
“As clarified in the general opinion of the lawyer, records that must be kept for the purpose of providing future references will be made,” Michaelson wrote in an email. “Text is a temporary type of electronic communication for the use of Supreme Court language that provides “flapping thoughts and random information” that provides “easiness and immediacy.” The text is not intended to provide future references to the author or recipient, let alone official official records. ”
However, the Supreme Court decision cited by Michaelson held that text messages from San Jose officials on personal mobile phones were public records and had to be made clear if they were related to government work. The state’s public records laws do not have any specific provisions regarding document retention.
The first amended coalition chief, David Roy, disagreed with Michaelson’s interpretation, arguing that the text should be preserved.
“Yes, texts can be considered as a bit like an email,” Roy said. “But when I read the plain language of LA’s own administrative law, the city imposed stricter record-keeping requirements than state law would otherwise require.”
Kelly Aviles, a lawyer and public record expert representing an era of unrelated litigation, said the explanation provided by Bass’ lawyers was flawed.
The mayor cannot determine whether it is a public record based on the device being used or not, Aviles added that he invites staff to delete emails and voicemails that he thinks are “a lot more.”
Under the state’s public records law, Aviles said: “It’s not the way of communication, it’s the content of communication, and that’s what it is. If it relates to the implementation of public works, it’s a public record that’s revealed.”
“The idea that whenever they want, they can remove what they want is not in compliance with the law at all,” she said.
Aviles also had problems with Michaelson’s urban law citation.
“The city code doesn’t beat state law,” Aviles said. “The fact that they inaccurately understand what state law requires doesn’t help them.”
In response to requests for public records, other agencies and civil servants released numerous records from the beginning of the fire. California law determines the release of this type of record unless there is a specific exemption.
The bus left Accra, Ghana, and at 9pm on January 7, or 1pm at Los Angeles time, the fire grew, moving the first foot on military planes, allowing them to call and communicate via text and email.
Earlier the next morning, she boarded a commercial flight at Washington Dulles International Airport, and could only communicate via email and text before arriving at Los Angeles International Airport at 11:24am on January 8th.
Bass said he was making calls during a military flight from Accra to Dulles, and her staff said she was actively involved in decision making overseas. She was also communicating via text messages between that leg of her trip, according to at least one civil servant.
Los Angeles County manager Kathryn Berger said he was sending buses and texting until the night before 10:30pm in Los Angeles on January 8th.
“Believe me, she’s very engaged. Burgers in the district, including Eton Fire Zone, said the base and her text on January 8th.
In response to a request for public records from the Times, supervisor Lindsey Horvas’ office has released a text message exchange between her and Bass.
January 7th at 11:50am, Los Angeles time, Horbus time.
“We reach out to you about the Palisade fire. Our county fire department is helping the city, and our Emergency Management Bureau is in touch with city staff. Do you need additional help/support? Is there anything you would like to put on our radar at this time?” Horvath wrote Bass in a text message that Horvath’s office provided in response to a request for public records from The Times.
The bus responded at 1:07pm, at 9pm in Los Angeles or Ghana time when she was on her way home.
“I think we’re good. I’ll call you on AM,” Bus wrote.
Times staff writer David Zanizer contributed to this report.
[ad_2]Source link
