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Los Cerritos Community News Sets Lawsuit Deadline for Wendy Greuel to Produce Public Records

Los Cerritos Community Newspaper Staff Report

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LA Controller Wendy Greuel

Attorneys for Los Cerritos Community News fired back at Wendy Greuel’s office, her now 84-day refusal to submit to a public records request and her highly unusual threat to sue LCCN for the request, by demanding the public documents be delivered by this Friday, April 19.

Greuel is a current candidate for Mayor of Los Angeles in the upcoming May 21st run off Election with City Councilman Eric Garcetti.

The January 23rd  requests asked for any emails between Brian D’Arcy head of the powerful IBEW and a huge campaign contributor, campaign managers John Shallman, and Rose Kapolczynski and only Greuel for two years between Jan 2011 and Jan 2013.

The second request asked for emails between 12 people, LCCN, and only Greuel, with a time frame of only two weeks, Jan 11, 2013 to Jan 22, 2013.

Greuel’s initial letter to LCCN “took issue with the assertions…and under no circumstances is our office delaying records, your conclusion is inaccurate and unfounded.” It went on to say that the request “was voluminous” could be “tens of thousands of documents.”

LCCN pointed out that, given the content of the letter, Greuel was admitting to voluminous correspondence with the head of the IBEW, a huge campaign contributor and her two campaign directors presumably during regular business hours.

Greuel’s letter ended with the threat of a counter-suit, “please be informed that if you do pursue litigation on or after April 5, given the imminent time thereafter that we estimate your records will be ready, we will ask the court to declare your case to be clearly frivolous and seek to have your client pay our court costs and attorneys fees as would be required under the same Government Code section.

LCCN attorneys said, “there is no attorney fees for a prevailing parties in California. Greuel is completely barred from any counter suit under the Strategic Lawsuits Against Public Participation (SLAPP – Code of Civ. Pro Section 425.16). Greuel can file the lawsuit, but it will get kicked out after we make a motion to have it dismissed.”

In the second letter back to Greuel, Aviles basically called Greuel and her office liars saying, “once you had conducted the search you could have informed my client. As your first letter indicates, your office has not even completed the search. Regardless of whether the delay is an intentional obstruction of the public or simply a negligent dereliction of your legal requirements, the law does not differentiate.”

Aviles went on, “ the law related to when you are required to provide a response and records is not as you state. Because you must make a determination whether it seeks disclosable public records, it stands to reason that if you are not going to disclose public records, you must state so at this time. This could only be done if a search for and initial basic review of documents had already been completed.

LCCN Publisher Brian Hews said, “she probably won’t produce the documents by April 19. It is my guess that once we file suit and seek discovery regarding exactly what was done in response to our request, Greuel’s statement that many employees in our office have been working diligently to produce the non-exempt responsive records will prove to be untrue.”

The letter ended by saying LCCN will wait until April 19 but said, “please be informed that further delays will not be tolerated. If we do not receive the records in our office by April 19th at 5 p.m., we will be filing suit, with no further correspondence to follow.”

See letter, click here (PDF)

 

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  • Anne Marie Wharton, aka Rita-of-Sunland. says:

    This is an open comment to the Los Angeles City Council:

    I’m quite aware that IBEW president BRIAN D’ARCY has undo influence over you all, as well as over our on-going mayoral election, but up until last Wednesday evening, I didn’t realize BRIAN D’ARCY is running the neighborhood councils as well.

    On April 10th, a presentation was given at our Sunland-Tujunga neighborhood council meeting by a Ms. CYNTHIA STRATHMANN, a representative from one of Los Angeles’countless non-profits, RePower L.A. RePower L.A. has recently “partnered” with the LADWP as well as with the union that represents LADWP workers, the IBEW.

    Their mission?

    “TO GET L.A. OFF OF COAL!!” as our primary energy source.

    How??

    By creating of hundreds of “GREEN TECHNICIAN” IBEW union jobs– $55,000,000 million dollars-worth– funded entirely by LADWP rate-payers.

    These GREEN TECHNICIANS will be evaluating our individual energy usages and will, no doubt, be making the usual new window/ insulation/ low-flush toilet recommendations. However….. their REAL purpose will be growing BRIAN D’ARCY’S IBEW army. We’re talking more cushy salaries, generous healthcare and pension policies that rate-payers will be on the hook to fund in their entirety. But the BIG PAY-OFF for D”ARCY will be TIGHTER control of local elections.

    When I voiced my concerns to MS. STRATHMANN, she became irrate and unhinged, dooming me to a fate of coal-filled black lungs for both me and my children! When I suggested she work to LOWER our rates rather than RAISE them, she informed me that there was nothing I could do about rate-hikes, so I’d better get with the program!! (Ahem!)

    As dramatic as it was to see this non-profit rep. lose her “COOL,” abandon script and start SHRIEKING, cameraman JOE BARRETT chose to STRIKE this spirited exchange from the public record.

    The rest of the neighborhood council, including PRESIDENT MARK SIEGEL, CINDY CLEGHORN, LYDIA GRANT, and many others were witness to the conversation, but imagine my dismay when I learned my input
    had been CUT from the digitally-recorded NEIGHBORHOOD COUNCIL MEETING.

    Isn’t that CENSORSHIP??

    I’m sure this was not due to any acrimony towards me, personally, on the part of the neighborhood council, but rather, a reluctance to record any dissent that might infuriate IBEW president, BRIAN D’ARCY.

    Thought you should know about this. Thank you.

  • FLF says:

    If wicked Wendy gets into power and she just might, nothing in LA city will change. It will only get worse as the cronyism and dysfunctionality shows. The BIG employee labor unions own and operate all elected (fraudulently I might add) officials -all democrat too. There are NO republicans (AKA adults) ANYWHERE in Los Angeles now. When the financial collapse of the city happens (Tony Villa La Raza has left that ticking time bomb).. I wonder if she will wring her hands and re arrange the deck chairs a bit more on the LA Titanic disaster about to happen. And the low or no info voters continue to show how to make things worse for an already struggling city.. What do low info democrat voters have in common with a bottle of beer? Both are empty from the neck UP!

  • Jerry Lloyd - Native of L..A. says:

    WE LOVE LA!
    It’s time for all Los Angeles voters who care about our town to get off their duffs and start campaigning for Eric Garcetti. He’s a good man and our only hope now.
    Come on, before it’s too late to save our city from the IBEW/DWP union boss hogs.