A likely precursor to litigation, the claim prepared by the law offices of Akudinobi & Ikonte asserts that "city officials were slow in enforcing the order” for the club to stop operating.

Amount of damages for Ebony's death are listed as "unknown" however "the damages exceed the jurisdictional limit for a limited jurisdiction action.”

Unfortunately, they helpfully copied hundreds of pages of Form 460s. The forms were filled in by hand, wildly varied in their completeness, scrawled in degrees of illegibility. There was no way to quickly browse the information, to do any kind of meaningful comparison. To actually search for a donor's name required you flip every single page of every single candidate's forms.

Thank you for your patience regarding the City's response to your December 5, 2007 Public Records Act request. After spending over 30 hours of staff time in coordinating the information needed from payroll, general accounting and the Police and Fire Departments in an attempt to respond to your request, the attached spreadsheet has been created. It is my understanding that, in general, the Police Department is reimbursed for the categories of Outside Jobs, Movie Detail and Special Assignments. We had not heard back from the Fire Department as of the time of this response.

In order to provide a more detailed response, the City would have to reconfigure its computer system. The cost for said computer programming is reimbursable to the City by the requester under Government Code Section 6253.9(2)(b). Should you wish the City to perform further research to provide a more detailed response to your request, please let me know and I will get the cost for the programming needed to provide this information to you. Prepayment for the cost of this additional research will be required.

Please do not hesitate to contact me if you wish to pay to have additional computer programming done or if you have questions on this response. Thank you for your understanding in this matter.

Very truly yours,
Ann Sherwood Rider
Assistant city Attorney
City of Pasadena

From: Todd Ruiz
To: Ann Rider
Date: 12/12/07

Ann --

Thanks so much. I had discussed a mix of data points I'd hoped to glean from the Finance Dept. and after reviewing the spreadsheet, will contact Ann Erdman if I think there is further information that could be considered responsive to my initial request and subsequent.
Any time a request appears to be burdensome, I am always available to discuss means of refining it to be practical.

Best regards,

Todd

From: Todd Ruiz
To: Ann Rider, Ann Erdman
Date: 12/12/07

Ann(s) ~

Hope all is well.

Had a few follow-up questions:

1) Could you let me know what portion of my request specifically could
not be satisfied without having to "reconfigure" the city's computer
system? What information would that be necessary to collect?

2) Does the city not periodically create any type of record that would
generally be considered an overtime report?

3) I have a 49-page printout of the city's 2006 gross payroll data
listed by "Assignment Title," "Department Code," and "2006 Gross."
This appears to have been printed from a spreadsheet file. To avoid
the introduction of error while re-entering this data, I wanted to ask
for the data file / spreadsheet form. On Dec. 6 I clarified my
original request with Mr. Stark, asking if this same payroll data
could be made available with a fourth column of information which
would itemize "Base Salary" for the city employees.

Thank your for your help with this matter, please do not hesitate to
call me for further clarification or to discuss my request further.

Best,

Kenneth Todd Ruiz
(626) 578-6300, Ext. 4444
Pasadena Star-News</blockquote>

Excerpts from Ann Rider's Dec. 17 response, emphasis mine:

In response to question 1, and in furtherance of your discussion with City Finance Director Steve Stark, although the request would seem simple, in fact it is quite complicated on an internal level because the records are not maintained by the Department of Finance in a format where the information can be easily retrieved.  After further review, it appears that the requested information may not be able to be retrieved electronically.  ... All this information is maintained by different employees within the City of Pasadena and unfortunately cannot be easily accessed by the stroke of a computer keyboard.  It would require substantial effort and would result in the City creating a document that does not currently exist.  The Public Records Act does not require the City to create documents, only to provide documents that currently exist.  

 
In addition, to provide all the supplemental information to allow you to determine the information, if it even existed, would require production of numerous documents and is a burdensome request to the City.   In the case of ACLU v. Deukmejian (1982) 32 Cal.3d 440, the California Supreme Court upheld the refusal to produce records where the result would be unduly burdensome under Government Code Section 6255.  Here, the total amount of overtime paid annually by the City has been provided.  Since this further response would require the City to produce information with little relevance to the requested information (i.e. the agreement between the City and the Tournament of Roses, salary schedules, etc.) for you to glean the needed information, and the time to compile this information is substantial, there is not sufficient public interest in providing this information to justify the burden to the City to compile it.  In addition, there is no guaranty of the accuracy of the final calculation since some overtime may not be reflected. 

 
As to question #2, the overtime report maintained by the Finance Department has been provided to you. This is a 26 pay period summation of the amount of overtime paid by the City on a fiscal year basis.  Please note that the information as to City employees' gross salaries is on an annual basis.  The Finance Department does not have a further breakdown report of the overtime paid.  This information is provided to the analysts from each department to use to determine if it is reasonable within their department's budget parameters.  In addition, the determination of the overtime paid per employee based on their "base" salary is extremely difficult to determine because the salary listed in the City's salary resolution may be augmented by such things as bilingual pay, vacation cash outs (for instance, in 2006 City employees were required to cash out their excess vacation time that they used to be able to carry over indefinitely which resulted in inflated gross salaries for 2006), incentive pay and other additions to their salary beyond the base salary but which would not be classified as overtime pay.  Certain salary information can be gleaned from the City's web site which has the Salary Resolutions and Memoranda of Understanding with the various unions. However, I am attempting to check at the department level for the requested information and will forward any information I receive that is responsive to your request.

 
To respond to question #3, it is my understanding that you have the previously produced gross salary information in PDF format.  The City can provide the document to you electronically if you do not have it but the City cannot provide an open spread sheet since this would be a draft document.  Draft documents are not public records under Government Code Section 6254(a) since information can be added and changed and the integrity of the public record cannot be maintained.  In addition, under the balancing test of Government Code Section 6255, the public interest in maintaining the integrity of the document outweighs the public interest in release of a document that purports to be a City document but which could be manipulated to contain information different from that which exists in the official City document.

 

            As I am continuing to search for additional documents that may respond to your request, and since we are treating your clarification as a new request, we will respond as soon as we have located any additional documents. 

 

Please know that I, on behalf of the City, am personally committed to both the spirit and letter of the California Public Records Act and that I am doing my best to make sure that all available information is provided to you as expeditiously as possible.  Please accept my apologies for any delays but know that we have been putting in substantial time and effort in trying to locate the requested information and to respond as quickly as possible.

Mrs. Clinton entered the room Tuesday night not as the underdog, but as a curiosity. Primed by cable newscasts, viewers were eager to witness the latest incarnation: Would she seem sensitive or sarcastic? Bountiful or brass-knuckled? Magisterial or just plain mad? Earlier in the day on MSNBC, when a Clinton supporter said the candidate should just be herself, the anchor, David Gregory, replied, “I don’t mean to be cynical about this, but which self?”

Drove up and parked right in the old lot at the top last night. With the major renovation work being subterranean, the structure's footprint is little changed, and the interior still offers an unchanged, intimate experience. After more than a year, a couple of the exhibits no longer functioned, which struck a sentimental chord with me.

Either way, it wouldn't be surprising if schools rethink the practice of sending children into portable, enclosed and darkened theaters with a third-party contractor. (Picture of "the bubble" at the preceding link.)

Of course statistics show most sexual abuse occurs at the home, by family or friends. Although I won't be covering the trial any further, I got the sense in court Monday that the defense is likely to bring that fact up and try arguing that Smith -- who has pleaded innocent -- was a convenient scape-goat.

(Picture is copyright Mobile Productions Inc., linked here under fair use provisions.)

ALHAMBRA - Four young girls Monday identified the man accused of touching them inappropriately last month during an astronomy presentation at school.

Daniel Roy Smith, 42, of Fullerton rested his head on one arm as the girls, ages 7 through 11, testified on the witness stand and told a judge that the operator of a portable planetarium touched them briefly during a Jan. 14 presentation in the cafeteria of Washington Elementary School in San Gabriel.

Inside the inflatable planetarium, where the students said they were shown projected images of the cosmos, two girls alleged that Smith briefly touched them on the buttocks.

"He just touched it really quick," said one 11-year-old girl, who was identified in court only using her first name.

She said the incident left her "scared."

"I didn't know what was going to happen," said the girl, whose name is being withheld because she is a minor.

Smith has pleaded not guilty to the five felony counts of lewd conduct toward a child under the age of 14. He was arrested Wednesday.

One 7-year-old girl was the first to testify.

Under oath, she said Smith then reached under her pants to touch her genitals after the presentation, while sitting on a bench with other students.

Smith's lawyer, Serge Kohan, questioned how the alleged molestation could have taken place without several children, who were seated at the table engaging in a Q&A with Smith, knowing
Advertisement
about it. He also asked pointed questions about the child's life at home and said he would call for her Mandarin-speaking mother to testify as a witness.

Another witness said Smith touched her back as she was leaving the enclosed "bubble" where he presented the show.

One 10-year-old said she felt "disgusted" after being fondled.

"I didn't know him, so it felt wrong, and I wasn't expecting it," she said.

Four of the five child witnesses were interviewed during Monday's preliminary hearing. Smith returns to the Alhambra courtroom of Superior Court Judge David Milton on Wednesday to hear from the remaining student and witness.

Hinting at evidence that was not presented Monday, Deputy District Attorney Steven Ipson referred in court to a pair of pants that might be tested for DNA, although he added that "no fluid exchange" was believed to have occurred.

Kohan said further examination of those garments could vindicate his client.

Smith, who has toured hundreds of schools as an employee of Michigan-based Skydome Planetarium, is being held on $1.5 million bail.

todd.ruiz@sgvn.com

(626) 578-6300, Ext. 4444

www.insidesocal.com/pasadenapolitics

It's Lt. Chekov, not "Checkov."

At least Chekhov would have netted the right nationality and lent a convenient literary defense!

Assemblymember Anthony Portantino Announces Candidacy for Assembly Speaker

SACRAMENTO, CA – Today Assemblymember Anthony Portantino (D-La Cañada Flintridge) announced his intention to run for the position of Assembly Speaker.

“With the date now set by the Caucus, I would like formally announce my candidacy for Speaker of the Assembly. I intend to meet with my Assembly Democratic colleagues to make my case on how to move California forward. I believe my performance to date and my positive, consensus-building approach to tackling California’s challenges shows I have something to offer,” Portantino said in announcing his bid.

The Assembly Democratic Caucus today agreed to hold a vote for Speaker on March 11th.

Despite being a freshman legislator, Anthony arrived in Sacramento with heavy-weight status, drawing attention from the party apparatus for the enormous sum of cash he raised.

Anthony really had no chance of losing to his opponents in late 2006, but raised the money just to show that he could. Trying to find my story from the time but it seems to have escaped the grasp of our internal archive.

Not a lot of attention was paid to Proposition 93, but now that the term limit "tweak" has been defeated, all the uncertain political futures -- from lines of succession to chamber migration -- can be cast.

Voters kept pols like state Sen. Jack Scott, D-Pasadena, from having to make a decision on whether to seek another term -- he's out. Sighs of relief from the likes of former Assemblywoman Carol Liu who can move forward with seeking his seat as planned.

Didn't have a breakdown of vote-by-mails and PAVs versus actual votes cast Tuesday night. Political consultant Fred Register said the results showed support had narrowed in the ensuing weeks -- but not enough to drop below a majority of support.

In other news, Tuesday night also saw the first class I'm teaching at the University of La Verne. Polling the group to find out what sources they get their news from, one erudite student shouted -- "Your blog!"

I'm seeing a bright future for that one.

Voters OK user tax, bond measures
By Caroline An and Kenneth Todd Ruiz, Staff Writers
Article Launched: 02/06/2008 10:50:22 PM PST

PASADENA -- Anxiety over the economy didn't stop voters from agreeing to be taxed in Pasadena and giving generously to schools in San Gabriel.

After all the votes were counted early Wednesday morning, Pasadena's utility user tax was passed by a comfortable margin, with 58 percent of 30,860 voters supporting it.

"We all recognize that the Internet is a new technology that is changing the face of today's world and avoiding taxation of this new technology is a good policy," said Pasadena Mayor Bill Bogaard. "Pasadena simply wants to maintain a tax on telephone services that has been in place for 40 years."

The bond measure will fund technology upgrades and major facilities upgrades at two schools.

"It showed that the idea of, `we're doing the best we can for the students here,' is a good thing. We had a lot of support for that," said Lee Freeman, San Gabriel Unified School District's board president.

While there was support for the measure throughout the campaign, district officials said they were unsure if it would pass. History shows that San Gabriel residents are reluctant to support school bonds, rejecting four previous attempts in 1993, 1994 and 1998.

In 2002, Measure S, a $46 million bond measure, passed. That funding went to the first phase of
Advertisement
improving schools.

The bulk of Measure A money will fund major classroom upgrades and build new libraries and computer labs at Jefferson Middle School and Gabrielino High School. Jefferson will receive about 40 percent - or $26million - of Measure A money.

Some initial technology work will start during the summer. The district's facilities oversight committee will start to prioritize which schools need immediate attention.

With two bonds totaling more than $100 million passed in just six years, putting another bond up for voter consideration in the next 10 to even 20 years is unlikely, said Susan Parks, district superintendent.

Measure D's victory didn't come as a surprise to most, but its road to victory was rougher than expected.

Strident opposition led by blogger Wayne Lusvardi and political consultant Martin Truitt drew attention through Internet discussions but lacked money to spend until the final days of the campaign.

The margin of support narrowed from two-thirds when absentee ballots were cast to about 56 percent on Tuesday, according to political consultant Fred Register.

Register helped organize the campaign promoting Measure D's passage.

"There were reasonable reasons to oppose this, especially if you're one who believes City Hall spends too much money. But I thought the grounds on which it was attacked were bogus, and ultimately, I think people reached that conclusion," Register said.

But by pointing out what they said were the measure's defects, opponents underscored an embarrassing disconnect between the City Council and its staff at City Hall.

"The matter was brought to us by staff late in the process, and it's conceivable that inadequate time was spent in examining the proposal, so we got off to a bad start with the council," Bogaard said Wednesday.

Bogaard tipped his hat to opponents as "capable people in the community who take seriously their responsibility as citizens to debate the issues."

caroline.an@sgvn.com, todd.ruiz@sgvn.com

(626) 578-6300, Ext. 4494, 4444

www.insidesocal.com/hallwaymonitor