The LA Weekly mentions City Attorney Carmen 'the Clown' Trutanich no less than 11 times in it's article "How Lobbyist John Ek Gets His Way at City Hall," published on April 21, 2011.
But Trutanich isn't mentioned as taking an "aggressive stance" against lobbyist John Ek's efforts to allow his client, HMS Host, to hold on to its concessions at Los Angeles Airport where LA Weekly says HMS Host has given LAX a reputation for "lousy food."
Few would disagree that food concessions at LAX are 'lousy,' add 'expensive' and 'surly' to a long list of complaints about HMS Host too.
But far from defending traveller's rights, Trutanich seems to be on the side of Ek's client here, and LA Weekly unveils a long and tangled series of dealings between Trutanich and Ek which might explain why Trutanich was so willing to take sides with Ek and HMS Host.
LA Weekly reveals that both Trutanich and Ek are part of San Pedro's power-broker community. No real surprise then, that during Mayor Jim Hahn's administration, Ek's lobbying activities came under investigation when, according to Gene Maddaus at the LA Weekly, one of Ek's airport clients, URS, "complained to investigators that he had urged them to donate to Hahn's anti-secession campaign. This was supposedly done at the behest of Hahn's appointee to the Airport Commission, and Ek allegedly warned of the consequences of not contributing." Maddaus said.
Maddaus reports that Ek denied the pay-to-play allegation, but was nevertheless "called as a witness before the grand jury, and sought counsel from a well-known local defense attorney — Carmen Trutanich, now L.A. city attorney. Ek was never charged." Said Maddaus.
Trutanich's ties to Ek did not end there. Two weeks before Trutanich launched his bid for City Attorney, he had a small dinner at Trani's Ristorante to discuss the campaign. Trutanich's two guests were Janice Hahn and John Ek. Since becoming City Attorney, Trutanich and Ek have continued their association. Recently, at the Dalmation-American Club fish luncheon, another of Trutanich's regular haunts, "Ek greeted Trutanich with a bear hug." Maddaus said.
So when the thorny question of whether the Airport commission should evict HMS Host, (Host placed last of four bidders for the lucrative LAX concession contract), Trutanich came to Ek and HMS Host's rescue; he declared that there was a conflict of interest.
No, not the conflict of interest that you might expect - that Trutanich and Ek enjoy a close relationship, but rather that the LAX commission president, Alan Rothenberg, had a conflict of interest; he is on the board of California Pizza Kitchen, and CPK is part of Host's concessionaires. But rather than simply require Rothenberg to recuse himself, and let the Airport commission hear HMS Host's appeal, according to Maddaus "Trutanich decided to disqualify the entire commission. That decision changed the entire process, sending the appeal into a different arena, one more solicitous to Host. The appeal went to the council's Board of Referred Powers, an obscure panel chaired by Cardenas and featuring Hahn as a member."
The result of Trutanich's decision has been to delay the removal of HMS Host and prolong the agony of travelers; earning HMS Host far more than Ek's fees.
But wait, there's more. According to Maddaus, one of Trutanich's deputies "Kelly Martin, the city attorney assigned to LAX, wrote a response that strongly defended the airport" from accusations by HMS Host that "the bidding process was flawed and should be thrown out." In a surprise move, Trutanich re-assigned Martin to other duties, doubtless much to the relief of Ek and HMS Host.
Of course, Trutanich's decision to remove Martin probably has an explanation that might pass the straight-face test, but then again, Trutanich also has a reputation for re-assigning his deputies for questionable reasons, as in the case of deputy city attorney Tom Griego, who Trutanich transferred to the criminal division in order that Griego could call himself a "criminal prosecutor" in his bid to fool voters into electing him as a Superior Court Judge.
Trutanich's dealings with Ek must surely make some wonder who the "people's lawyer" is really working for.
Carmen "The Clown" Trutanich was sworn in as Los Angeles City Attorney on July 1, 2009. He ran as an Independent, promising honesty, integrity, openness and transparency. This blog exists because not everything is TRU.
Sunday, April 24, 2011
Sunday, April 17, 2011
Trutanich's DA Campaign Accused of Starting With "A Lie and an Ethics Violation"
Carmen Trutanich launched his campaign to become District Attorney with everything expected of him; accusations of lying and an ethics violation.
The Los Angeles Dragnet reported that news of Trutanich's official announcement of his campaign to become District Attorney was tainted with a lie and a deception.
The source of the accusation of misconduct by Trutanich was an anonymous comment posted in response to Dragnet's original piece describing how Los Angeles Sheriff Lee Baca was being used to "draft" Trutanich to run for the office that he swore he would not pursue at least until completing a full first term as City Attorney. "8:45AM" commented that it was "Interesting that Carmen the Clown Trutanich starts his campaign off with a lie and an ethics violation."
The anonymous commenter gave sufficient details of an alleged deception designed to create the appearance that an anonymous group of law enforcement leaders were actively trying to persuade a reluctant Trutanich to go back on his sworn campaign pledge not to use the position of City Attorney as a political springboard to higher office.
Fortunately, the Dragnet did an excellent job of dismantling a trail of deception showing that Trutanich's chief investigator, Gary Schram, and the creator of the DraftTrutanich4DA website, Jim Royer, were members of the same law enforcement organization, the CNOA, and that the pair worked closely together there. That the organization held events where Trutanich's own staff were taking RSVP's. The whole thing looks like a massive scam because Trutanich did not disclose his close connection to the so-called "anonymous group of law enforcement leaders," because he obviously knew them, and perhaps equally obviously, told them what to do.
The "lie," then, appears to be that Trutanich claimed no connection to the DraftTrutanich4DA website, and the ethics violation appears to relate to the failure of the DraftTrutanich4DA website to disclose who is paying for the service it is providing to Trutanich.
We couldn't say it better than "8:45AM" "It's a helluva way to start a campaign; a lie and an ethics violation."
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| The Los Angeles Dragnet revealed a pathetic attempt by the Trutanich Campaign to fool voters into thinking he's being "drafted" for the job. |
The Los Angeles Dragnet reported that news of Trutanich's official announcement of his campaign to become District Attorney was tainted with a lie and a deception.
The source of the accusation of misconduct by Trutanich was an anonymous comment posted in response to Dragnet's original piece describing how Los Angeles Sheriff Lee Baca was being used to "draft" Trutanich to run for the office that he swore he would not pursue at least until completing a full first term as City Attorney. "8:45AM" commented that it was "Interesting that Carmen the Clown Trutanich starts his campaign off with a lie and an ethics violation."
The anonymous commenter gave sufficient details of an alleged deception designed to create the appearance that an anonymous group of law enforcement leaders were actively trying to persuade a reluctant Trutanich to go back on his sworn campaign pledge not to use the position of City Attorney as a political springboard to higher office.
Fortunately, the Dragnet did an excellent job of dismantling a trail of deception showing that Trutanich's chief investigator, Gary Schram, and the creator of the DraftTrutanich4DA website, Jim Royer, were members of the same law enforcement organization, the CNOA, and that the pair worked closely together there. That the organization held events where Trutanich's own staff were taking RSVP's. The whole thing looks like a massive scam because Trutanich did not disclose his close connection to the so-called "anonymous group of law enforcement leaders," because he obviously knew them, and perhaps equally obviously, told them what to do.
The "lie," then, appears to be that Trutanich claimed no connection to the DraftTrutanich4DA website, and the ethics violation appears to relate to the failure of the DraftTrutanich4DA website to disclose who is paying for the service it is providing to Trutanich.
We couldn't say it better than "8:45AM" "It's a helluva way to start a campaign; a lie and an ethics violation."
Thursday, April 7, 2011
Palisades Preservation Association Urges 'NO' on Trutanich's ACE
Carmen 'the Clown' Trutanich got a slap in the face from the Palisades Preservation Association according to the Los Angeles Dragnet.
The Dragnet reported first major blow to Trutanich's ACE Program with the news that the PPA had filed a 20-page letter with the Los Angeles City Council's Budget and Finance Committee. The letter urges the Budget and Finance committee to vote against Trutanich's ACE, advising them that the PPA Board unanimously found that Trutanich's "ACE ordinance is not only unnecessary, but subject to abuse."
The PPA letter can be found using the City Clerk's Connect service, under Council File 10-0085. It is an 'on line' document entitled Communications from Public, and can be accessed using the link below:
http://cityclerk.lacity.org/lacityclerkconnect/index.cfm?fa=ccfi.viewrecord&cfnumber=10-0085
The PPA letter is the third objection that the City Council has received to Trutanich's ACE, and it seems that finally people are waking up to the real threat presented by giving Trutanich more power.
The Dragnet also reports that Trutanich has been told to keep his mouth shut about the ACE Program lest he inadvertently reveals the true target of his money-making plan. It is highly likely that Trutanich has already prepared a list of "Target Rich" neighborhoods in Los Angeles where his ACE Program enforcers, the Building & Safety Department's Code Enforcement Officers, have figured out where to get the most bang for the buck - the Westside of Los Angeles.
Although East LA and South Central probably have the highest occurrences of minor code violations, it is the wealthy Westside that has the money to pay the fines that Truanich is most likely counting on.
Hopefully, more local associations will get the message and spread the word.
The Dragnet reported first major blow to Trutanich's ACE Program with the news that the PPA had filed a 20-page letter with the Los Angeles City Council's Budget and Finance Committee. The letter urges the Budget and Finance committee to vote against Trutanich's ACE, advising them that the PPA Board unanimously found that Trutanich's "ACE ordinance is not only unnecessary, but subject to abuse."
The PPA letter can be found using the City Clerk's Connect service, under Council File 10-0085. It is an 'on line' document entitled Communications from Public, and can be accessed using the link below:
http://cityclerk.lacity.org/lacityclerkconnect/index.cfm?fa=ccfi.viewrecord&cfnumber=10-0085
The PPA letter is the third objection that the City Council has received to Trutanich's ACE, and it seems that finally people are waking up to the real threat presented by giving Trutanich more power.
The Dragnet also reports that Trutanich has been told to keep his mouth shut about the ACE Program lest he inadvertently reveals the true target of his money-making plan. It is highly likely that Trutanich has already prepared a list of "Target Rich" neighborhoods in Los Angeles where his ACE Program enforcers, the Building & Safety Department's Code Enforcement Officers, have figured out where to get the most bang for the buck - the Westside of Los Angeles.
Although East LA and South Central probably have the highest occurrences of minor code violations, it is the wealthy Westside that has the money to pay the fines that Truanich is most likely counting on.
Hopefully, more local associations will get the message and spread the word.
Thursday, March 31, 2011
Perry Mason to LA City Council: Please do not allow Trutanich to play the ACE card
Los Angeles City Councilmembers will soon be asked to vote on the Administrative Citations Program, or "ACE" as City Attorney Carmen Trutanich has been calling it, ever since Councilmember Koretz suggested a plan to improve the enforcement of building code violations.
Trutanich may have considered the passage of what seems to have become 'his' ordinance, a done deal, however, an individual who goes by the name 'Perry Mason' may have thrown a wrench in the works.
On Tuesday, March 29, the entice city council, the Mayor, Controller and the press received another email from 'Perry Mason' asking that the brakes be put on Trutanich's "ACE," - something which apparently bears little resemblance to anything Koretz had in mind.
Mason has supplied a lengthy analysis identifying what he (or she?) believes are seven major defects with the Trutanich's "ACE" which will give the City's prosecutor:
1) power to administer what is basically a justice system.
2) power to appoint his prosecutors to be judges.
3) power to instruct his judges on how to decide cases.
4) a financial stake in the outcome of cases.
5) control over the way revenue from fines, penalties and costs are disbursed.
6) Grand Jury-like powers to subpoena witnesses, document and other evidence.
7) power to deny persons forced to appear in his courts the right to a public defender.
Mason makes a compelling case of what appears to be inherent constitutional violations due to conflicts of interest, undue influence and separation of powers issues, and points out that Trutanich's medical marijuana ordinance was recently found to be unconstitutional suggesting that Trutanich's idea of figuring out what is constitutional by asking the judge, was heavily criticized as a violation of separation of powers itself, by Los Angeles Superior Court Judge Mohr.
Regardless of whether Trutanich's "ACE" is unconstitutional, few would disagree that Trutanich's actions when it comes to exercising his prosecutorial powers, should give the Council and Los Angelenos grave concerns should he succeed in gaining additional powers through his ACE program.
Rather than have the council quash Trutanich's "ACE" altogether, Mason suggests removing the City Attorney's Office from having any control over the program, and handing control to an independent body like the City Ethics Commission.
Trutanich will most likely not be pleased by the unwelcome analysis by Mason, and is probably keen to learn whether Mason, who insists on using a pseudonym for fear of retaliation, is an insider - one of his own people who have gone rouge.
If Trutanich is cut out of his "ACE" it will be a major blow to his aspirations to become DA or even be re-elected as CA. It is likely that Trutanich is becoming increasingly concerned about his political future as former supporters are keeping their distance.
Here's the full text of the Perry Mason email:
For some months now City Attorney Trutanich has been bragging about 'his ACE program' and how he will save the City of Los Angeles with his program. As obnoxious as Trutanich's bragging is, there is some truth to the argument that the ordinance proposed well over a year ago by Councilmembers Kortez and Parks could be a valuable tool in enforcing the City's municipal code without resort to the criminal courts system.
However, in the time that Trutanich has taken to write the ordinance, you might well agree that the original one-page proposal has been hijacked and tortured into eighteen pages of complicated legalese that goes far beyond anything originally envisioned, and has likely become as unconstitutional due to his efforts to inject himself into a power-play position in his "ACE."
Be assured, with a multiplicity of well-concealed legalese, Trutanich has created a program that, even if it were constitutional, is nothing short of a grab for power, influence and cash.
Much has already been written about all that is wrong with Trutanich's "ACE" - just Google the phrase "Trutanich ACE Program" to see what I mean. If Trutanich's "ACE" passes as it is currently written, much more will be written; most likely by civil libertarians as well as the courts. It is not hard to imagine the courts expressing their astonishment that the City Attorney of the nation's second largest city did not understand that his "ACE" undermines Due Process, Separation of Powers, and Conflict of Interest by authorizing the City's chief prosecutor to:
1) Administer what is basically a justice system.
2) Select and appoint judges, I know, he calls them 'administrative hearing officers,' but they are judges and he has been bragging about how he's going to be able to make his prosecutors into judges for the ACE program, so that's what they are.
3) Instruct his judges on how to decide cases.
4) Have a financial interest in the outcome of cases.
5) Have control over the way revenue from the fines, penalties and costs are disbursed.
6) Grant himself Grand Jury-like powers to subpoena witnesses, document and other evidence, perhaps on as flimsy a suspicion as fueled Trutanich's 'criminal aspects' investigation into the Michael Jackson memorial, or his theory that the student political protesters were 'professionals.'
7) Deny people forced to appear in Trutanich's courts the right to a public defender.
Think I'm joking? Take a real close look at Trutanich's ACE, it's under Council File 10-0085 "Report from City Attorney." Here's the link:
http://cityclerk.lacity.org/lacityclerkconnect/index.cfm?fa=ccfi.viewrecord&cfnumber=10-0085
And here's what you will find:
Points 1) 2) & 3) above are contained in Section 11.2.09 of Trutanich's ACE which gives him the power to create the system and staff it with his own judges. Section 11.2.09 in fact reads "The City Attorney shall develop written policies and procedures for the hearing and appeals process in addition to developing written policies and procedures for the selection and appointment of one or more independent Administrative Hearing Officers to hear and decide administrative citation appeals. The administrative hearing shall be conducted in accordance with the procedures promulgated by the City Attorney."
It seems highly likely that there is an inherent conflict of interest and violation of Due Process in allowing the City's prosecutor to set up a court system, staff it with prosecutor-judges, and tell them what to do.
Points 4) & 5) are contained in Section 5.121.11 of Trutanich's ACE, where the conflict of interest would seem to be even more problematic because of Trutanich's ability to control the disposition of money collected by his prosecutor-judges. Section 5.121.11(a) of Trutanich's ACE, called the "Creation and Administration of Fund" reads as follows "There is hereby created and established in the Treasury of the City of Los Angeles a special fund to be known as the Code Compliance Fund (the "Fund"). All monies collected pursuant to Chapter 1, Article 1.2, Sections 11.2.1 and following, of the Los Angeles Municipal Code shall be deposited into the Fund. The fund shall be administered by the City Attorney's Office." So it does at least appear that Trutanich has a considerable financial interest in his ACE because he has the power to disburse those funds after paying himself for the costs of running his Program. Ask yourself, how much of the money that should go to the General Fund will end up paying for Trutanich's prosecutor-judges? My guess is that there won't be much left after all Trutanich's costs are paid.
Point 6) Under Section 11.2.09(B)(6) of Trutanich's ACE, he has given himself Grand Jury-like subpoena powers. The Section allows Trutanich's prosecutor-judge to "subpoena witnesses, documents and other evidence in accordance with the policies and procedures established by the City Attorney." This power to order the production of documents, evidence that he otherwise has no power to obtain, presents a very real problem as there is virtually no limit as to what one of his prosecutor-judges can be ordered to force a resident or a corporation to disclose, provided that some obscure violation of the LAMC is alleged.
Point 7) I cannot refer you to any portion of Trutanich's ACE that deals with the provision of a public defender for persons who are forced by citation or subpoena to appear in Trutanich's kangaroo courts. That is because there is no provision in Trutanich's ACE for free legal defense representation. Only those who can afford to pay a defense attorney have that right, it's just too bad for anyone else. You might question why the Office of the Public Defender will not provide their services in Trutanich's ACE courts? The answer is that because the ACE program is essentially a civil proceeding, the Public Defenders Office cannot represent defendants there.
Despite the apparent unconstitutionality of Trutanich's ACE, he has peppered his proposed ordinance with language claiming his "ACE" to be "consistent with due process principles." However, you might recall that key portions of Trutanich's medical marijuana ordinance were recently found to be unconstitutional, suggesting that just because Trutanich says it is constitutional, does not mean that it is. That tends to be decided in real courts of law where Trutanich does not get to choose the judges, or tell them what to do.
Indeed, the Los Angeles Times recently reported on Trutanich's failure to understand why his medical marijuana ordinance was unconstitutional. Trutanich apparently had his deputy ask Los Angeles County Superior Court Judge Anthony J. Mohr for a little guidance, a hint maybe, as to how badly they had done, and how they could fix the problem.
Judge Mohr declined to advise the City Attorney, saying the "request for guidance would violate the separation of powers between the judicial and legislative branches." It is astonishing and troubling that Trutanich would embarrass himself and our City by making such a bizarre request from a judge. I don't think Trutanich understands the role of a judge, and looking at the way he has written his "ACE" to give himself control over his judges, you might also agree.
Here's the link to the LA Times report:
http://articles.latimes.com/2011/jan/08/local/la-me-medical-marijuana-20110108
Putting aside for a moment the very serious concerns all Los Angelenos should have in giving Trutanich any more power given his track record of bullying, threatening and flat out failing to grasp basic concepts of civil rights, it just doesn't seem right to put any City's Chief Prosecutor in charge of running a system of justice. That's why we have checks and balances; we don't need another McCarthy armed with J. Edgar Hoover powers.
Of course it would be highly desirable to have an alternate justice system that is separate from the traditional criminal court system which is often too busy to enforce Municipal Code violations. Even better if the fines and penalties collected by that alternate system remain in the City, rather than get taken for the most part by Sacramento. But the alternate system has to be fair and just. Letting Trutanich run that alternate system is the functional equivalent of putting the fox in charge of the hen house, and you know it.
Almost everything Trutanich has said and done since taking office screams at you that he cannot be trusted to administer his "ACE" fairly and in the interests of all Los Angelenos, even the ones that sometimes irritate us. Honorable Councilmembers, we are a tolerant and progressive society, not a third world dictatorship where thugs rule under the pretext of "doing the right thing," but it's generally what is right for them, not us.
I realize that the City could benefit in many ways by a properly administered program such as the one first envisioned by CM's Koretz and Parks, and the delay and confusion that Trutanich has caused by obscuring that original vision makes us all the more anxious to get the thing done. There is, however, still a way that this program can be made to comport with the original intent and be legal, fair and cost effective: Simply remove the City Attorney's Office from any role in the program, and place the responsibility for running the program into the hands of an independent body, much like the City Ethics Commission.
It's not such a far fetched idea, and if the program really is self-financing, what difference does it make whether the City Attorney runs it, or some other body? The costs will be recovered regardless. Bear in mind too, that the costs of having proper Administrative Hearing Officers, or judges, can be a lot less than the salary of one of Trutanich's favored deputy city attorneys. There are literally hundreds of highly qualified lawyers who would gladly volunteer their services to the City to be judges. They would gain the resume value and experience of being a judge, and the City would get the benefit of their services for a nominal cost.
Finally, I believe you should be as concerned that Trutanich appears to have taken your unquestioning support for his "ACE" for granted; not only in the remarks he makes, but also in City correspondence. I refer to what Trutanich recently said in his "Partial Response of the City Attorney's Office to the Third Financial Status Report (FSR) for FY 2010/11" which can be found under Council File 10-0600-S60 in the March 23, 2011 Report from City Attorney.
http://cityclerk.lacity.org/lacityclerkconnect/index.cfm?fa=ccfi.viewrecord&cfnumber=10-0600-S60
At page 2, of the report Trutanich says "Interfund transfers of City Attorney personnel from General Fund positions to newly-emerging Special Fund and Proprietary staffed positions, however, will more than offset the previous estimates for the ACE start-up and lower than expected attrition factor."
It certainly looks like Trutanich considers your approval of his "ACE" to be a mere formality, a done deal and he is already budgeting for it. Please don't do it, there is a better way.
I respectfully write to ask you to put a stop to Trutanich's power-grab and to strip the ordinance of any powers granted to the City Attorney's Office, and instead appoint an independent body to administer this program. In that way, the City of Los Angeles will have a constitutional, fair and effective program that cannot be abused at the whim of an overly ambitious wannabe tyrant.
Once again, I apologize for having to use a fictitious name to contact you. It is not intended to mislead you, only to protect myself from retaliation.
Respectfully yours,
Perry Mason
A pseudonym for a concerned Los Angeleno
One point Mason fails to make is that Trutanich's ACE recently got the 'Thumbs Up' from CAO Miguel Santana from the Mayor's Office. Did Santana realize exactly what he was approving, or will he change his mind after reading Mason's missive?
Trutanich may have considered the passage of what seems to have become 'his' ordinance, a done deal, however, an individual who goes by the name 'Perry Mason' may have thrown a wrench in the works.
On Tuesday, March 29, the entice city council, the Mayor, Controller and the press received another email from 'Perry Mason' asking that the brakes be put on Trutanich's "ACE," - something which apparently bears little resemblance to anything Koretz had in mind.
Mason has supplied a lengthy analysis identifying what he (or she?) believes are seven major defects with the Trutanich's "ACE" which will give the City's prosecutor:
1) power to administer what is basically a justice system.
2) power to appoint his prosecutors to be judges.
3) power to instruct his judges on how to decide cases.
4) a financial stake in the outcome of cases.
5) control over the way revenue from fines, penalties and costs are disbursed.
6) Grand Jury-like powers to subpoena witnesses, document and other evidence.
7) power to deny persons forced to appear in his courts the right to a public defender.
Mason makes a compelling case of what appears to be inherent constitutional violations due to conflicts of interest, undue influence and separation of powers issues, and points out that Trutanich's medical marijuana ordinance was recently found to be unconstitutional suggesting that Trutanich's idea of figuring out what is constitutional by asking the judge, was heavily criticized as a violation of separation of powers itself, by Los Angeles Superior Court Judge Mohr.
Regardless of whether Trutanich's "ACE" is unconstitutional, few would disagree that Trutanich's actions when it comes to exercising his prosecutorial powers, should give the Council and Los Angelenos grave concerns should he succeed in gaining additional powers through his ACE program.
Rather than have the council quash Trutanich's "ACE" altogether, Mason suggests removing the City Attorney's Office from having any control over the program, and handing control to an independent body like the City Ethics Commission.
Trutanich will most likely not be pleased by the unwelcome analysis by Mason, and is probably keen to learn whether Mason, who insists on using a pseudonym for fear of retaliation, is an insider - one of his own people who have gone rouge.
If Trutanich is cut out of his "ACE" it will be a major blow to his aspirations to become DA or even be re-elected as CA. It is likely that Trutanich is becoming increasingly concerned about his political future as former supporters are keeping their distance.
Here's the full text of the Perry Mason email:
For some months now City Attorney Trutanich has been bragging about 'his ACE program' and how he will save the City of Los Angeles with his program. As obnoxious as Trutanich's bragging is, there is some truth to the argument that the ordinance proposed well over a year ago by Councilmembers Kortez and Parks could be a valuable tool in enforcing the City's municipal code without resort to the criminal courts system.
However, in the time that Trutanich has taken to write the ordinance, you might well agree that the original one-page proposal has been hijacked and tortured into eighteen pages of complicated legalese that goes far beyond anything originally envisioned, and has likely become as unconstitutional due to his efforts to inject himself into a power-play position in his "ACE."
Be assured, with a multiplicity of well-concealed legalese, Trutanich has created a program that, even if it were constitutional, is nothing short of a grab for power, influence and cash.
Much has already been written about all that is wrong with Trutanich's "ACE" - just Google the phrase "Trutanich ACE Program" to see what I mean. If Trutanich's "ACE" passes as it is currently written, much more will be written; most likely by civil libertarians as well as the courts. It is not hard to imagine the courts expressing their astonishment that the City Attorney of the nation's second largest city did not understand that his "ACE" undermines Due Process, Separation of Powers, and Conflict of Interest by authorizing the City's chief prosecutor to:
1) Administer what is basically a justice system.
2) Select and appoint judges, I know, he calls them 'administrative hearing officers,' but they are judges and he has been bragging about how he's going to be able to make his prosecutors into judges for the ACE program, so that's what they are.
3) Instruct his judges on how to decide cases.
4) Have a financial interest in the outcome of cases.
5) Have control over the way revenue from the fines, penalties and costs are disbursed.
6) Grant himself Grand Jury-like powers to subpoena witnesses, document and other evidence, perhaps on as flimsy a suspicion as fueled Trutanich's 'criminal aspects' investigation into the Michael Jackson memorial, or his theory that the student political protesters were 'professionals.'
7) Deny people forced to appear in Trutanich's courts the right to a public defender.
Think I'm joking? Take a real close look at Trutanich's ACE, it's under Council File 10-0085 "Report from City Attorney." Here's the link:
http://cityclerk.lacity.org/lacityclerkconnect/index.cfm?fa=ccfi.viewrecord&cfnumber=10-0085
And here's what you will find:
Points 1) 2) & 3) above are contained in Section 11.2.09 of Trutanich's ACE which gives him the power to create the system and staff it with his own judges. Section 11.2.09 in fact reads "The City Attorney shall develop written policies and procedures for the hearing and appeals process in addition to developing written policies and procedures for the selection and appointment of one or more independent Administrative Hearing Officers to hear and decide administrative citation appeals. The administrative hearing shall be conducted in accordance with the procedures promulgated by the City Attorney."
It seems highly likely that there is an inherent conflict of interest and violation of Due Process in allowing the City's prosecutor to set up a court system, staff it with prosecutor-judges, and tell them what to do.
Points 4) & 5) are contained in Section 5.121.11 of Trutanich's ACE, where the conflict of interest would seem to be even more problematic because of Trutanich's ability to control the disposition of money collected by his prosecutor-judges. Section 5.121.11(a) of Trutanich's ACE, called the "Creation and Administration of Fund" reads as follows "There is hereby created and established in the Treasury of the City of Los Angeles a special fund to be known as the Code Compliance Fund (the "Fund"). All monies collected pursuant to Chapter 1, Article 1.2, Sections 11.2.1 and following, of the Los Angeles Municipal Code shall be deposited into the Fund. The fund shall be administered by the City Attorney's Office." So it does at least appear that Trutanich has a considerable financial interest in his ACE because he has the power to disburse those funds after paying himself for the costs of running his Program. Ask yourself, how much of the money that should go to the General Fund will end up paying for Trutanich's prosecutor-judges? My guess is that there won't be much left after all Trutanich's costs are paid.
Point 6) Under Section 11.2.09(B)(6) of Trutanich's ACE, he has given himself Grand Jury-like subpoena powers. The Section allows Trutanich's prosecutor-judge to "subpoena witnesses, documents and other evidence in accordance with the policies and procedures established by the City Attorney." This power to order the production of documents, evidence that he otherwise has no power to obtain, presents a very real problem as there is virtually no limit as to what one of his prosecutor-judges can be ordered to force a resident or a corporation to disclose, provided that some obscure violation of the LAMC is alleged.
Point 7) I cannot refer you to any portion of Trutanich's ACE that deals with the provision of a public defender for persons who are forced by citation or subpoena to appear in Trutanich's kangaroo courts. That is because there is no provision in Trutanich's ACE for free legal defense representation. Only those who can afford to pay a defense attorney have that right, it's just too bad for anyone else. You might question why the Office of the Public Defender will not provide their services in Trutanich's ACE courts? The answer is that because the ACE program is essentially a civil proceeding, the Public Defenders Office cannot represent defendants there.
Despite the apparent unconstitutionality of Trutanich's ACE, he has peppered his proposed ordinance with language claiming his "ACE" to be "consistent with due process principles." However, you might recall that key portions of Trutanich's medical marijuana ordinance were recently found to be unconstitutional, suggesting that just because Trutanich says it is constitutional, does not mean that it is. That tends to be decided in real courts of law where Trutanich does not get to choose the judges, or tell them what to do.
Indeed, the Los Angeles Times recently reported on Trutanich's failure to understand why his medical marijuana ordinance was unconstitutional. Trutanich apparently had his deputy ask Los Angeles County Superior Court Judge Anthony J. Mohr for a little guidance, a hint maybe, as to how badly they had done, and how they could fix the problem.
Judge Mohr declined to advise the City Attorney, saying the "request for guidance would violate the separation of powers between the judicial and legislative branches." It is astonishing and troubling that Trutanich would embarrass himself and our City by making such a bizarre request from a judge. I don't think Trutanich understands the role of a judge, and looking at the way he has written his "ACE" to give himself control over his judges, you might also agree.
Here's the link to the LA Times report:
http://articles.latimes.com/2011/jan/08/local/la-me-medical-marijuana-20110108
Putting aside for a moment the very serious concerns all Los Angelenos should have in giving Trutanich any more power given his track record of bullying, threatening and flat out failing to grasp basic concepts of civil rights, it just doesn't seem right to put any City's Chief Prosecutor in charge of running a system of justice. That's why we have checks and balances; we don't need another McCarthy armed with J. Edgar Hoover powers.
Of course it would be highly desirable to have an alternate justice system that is separate from the traditional criminal court system which is often too busy to enforce Municipal Code violations. Even better if the fines and penalties collected by that alternate system remain in the City, rather than get taken for the most part by Sacramento. But the alternate system has to be fair and just. Letting Trutanich run that alternate system is the functional equivalent of putting the fox in charge of the hen house, and you know it.
Almost everything Trutanich has said and done since taking office screams at you that he cannot be trusted to administer his "ACE" fairly and in the interests of all Los Angelenos, even the ones that sometimes irritate us. Honorable Councilmembers, we are a tolerant and progressive society, not a third world dictatorship where thugs rule under the pretext of "doing the right thing," but it's generally what is right for them, not us.
I realize that the City could benefit in many ways by a properly administered program such as the one first envisioned by CM's Koretz and Parks, and the delay and confusion that Trutanich has caused by obscuring that original vision makes us all the more anxious to get the thing done. There is, however, still a way that this program can be made to comport with the original intent and be legal, fair and cost effective: Simply remove the City Attorney's Office from any role in the program, and place the responsibility for running the program into the hands of an independent body, much like the City Ethics Commission.
It's not such a far fetched idea, and if the program really is self-financing, what difference does it make whether the City Attorney runs it, or some other body? The costs will be recovered regardless. Bear in mind too, that the costs of having proper Administrative Hearing Officers, or judges, can be a lot less than the salary of one of Trutanich's favored deputy city attorneys. There are literally hundreds of highly qualified lawyers who would gladly volunteer their services to the City to be judges. They would gain the resume value and experience of being a judge, and the City would get the benefit of their services for a nominal cost.
Finally, I believe you should be as concerned that Trutanich appears to have taken your unquestioning support for his "ACE" for granted; not only in the remarks he makes, but also in City correspondence. I refer to what Trutanich recently said in his "Partial Response of the City Attorney's Office to the Third Financial Status Report (FSR) for FY 2010/11" which can be found under Council File 10-0600-S60 in the March 23, 2011 Report from City Attorney.
http://cityclerk.lacity.org/lacityclerkconnect/index.cfm?fa=ccfi.viewrecord&cfnumber=10-0600-S60
At page 2, of the report Trutanich says "Interfund transfers of City Attorney personnel from General Fund positions to newly-emerging Special Fund and Proprietary staffed positions, however, will more than offset the previous estimates for the ACE start-up and lower than expected attrition factor."
It certainly looks like Trutanich considers your approval of his "ACE" to be a mere formality, a done deal and he is already budgeting for it. Please don't do it, there is a better way.
I respectfully write to ask you to put a stop to Trutanich's power-grab and to strip the ordinance of any powers granted to the City Attorney's Office, and instead appoint an independent body to administer this program. In that way, the City of Los Angeles will have a constitutional, fair and effective program that cannot be abused at the whim of an overly ambitious wannabe tyrant.
Once again, I apologize for having to use a fictitious name to contact you. It is not intended to mislead you, only to protect myself from retaliation.
Respectfully yours,
Perry Mason
A pseudonym for a concerned Los Angeleno
One point Mason fails to make is that Trutanich's ACE recently got the 'Thumbs Up' from CAO Miguel Santana from the Mayor's Office. Did Santana realize exactly what he was approving, or will he change his mind after reading Mason's missive?
Sunday, March 27, 2011
Trutanich Re-Invents History - Claims He Shook Down AEG For $1M
When City Attorney Carmen Trutanich dropped the bombshell of there being 'criminal aspects' regarding AEG's handling of the Michael Jackson memorial, few people expected that one year later, the whole thing would quietly 'go away' with no comment from Trutanich and the curious acceptance by Trutanich of some free tickets to see Lady GaGa at AEG's LA Live.
It now seems Trutanich is trying to re-invent history and now claims to have brokered the $1M deal.
At the time both the LA Times and the LA Daily News reported that AEG had agreed to make a $1M donation to the City of Los Angeles, and credited Councilmembers Jan Perry and Dennis Zine with negotiating the settlement. There was no comment from Trutanich who after a year of investigating had nothing but the growing reputation of being a bully, thug and braggart.
The LA Daily News reporter Rick Orlov interviewed AEG's CEO Tim Leiweke, Councilmembers Perry and Zine, and City Attorney Carmen Trutanich, and reported that:
'Leiweke and AEG, which sponsored Jackson's world tour before he died, had initially refused to reimburse the city, and he [Leiweke] accused Trutanich of using bully tactics to get the company to pay. Leiweke on Friday insisted that the company agreed to pay because it was the right thing to do, not because it was legally required. In particular, he said it was the efforts by Perry and Councilman Dennis Zine that helped work out the final agreement. "I'm just glad to see this resolved," Zine said. "AEG has stepped up and is doing the right thing to resolve this." Trutanich had no comment.' Orlov said.
No comment? Nothing from the man who one year earlier basically accused AEG of 'criminal aspects?' Not even a lame claim to have somehow been involved in obtaining a donation of $1M? How very unlike the loudmouthed City Attorney not to even try to claim he was even peripherally involved.
Of course, Trutanich may have been advised to keep his big mouth shut because perhaps someone told him that his actions might be seen as using the threat of criminal proceedings to shake down a company like AEG. Doing that could see Trutanich on the wrong end of a 'criminal aspects' investigation himself, or even wearing the handcuffs he so loves to threaten to use.
So it's altogether surprising to see that Truanich is now claiming to actually have been involved in negotiating the $1M donation from AEG.
In a document entitled "Office of the City Attorney Third FSR Budget Briefing 3/23/11 FY 2010/11 Successes To Date," Trutanich now claims that:
"On June 18, 2010, the City Attorney's Office, in conjunction with Councilmember Dennis Zine, was able to negotiate a $1 million donation to the General Fund by AEG and the Estate of Michael Jackson to reimburse costs incurred by the City during the Jackson Memorial Service in July 2009."
Click here to go the City Clerk's website and then use the "Report from the City Attorney" link to download the entire document.
Of course Trutanich's report may be a little incomplete and inaccurate, perhaps it should read:
"On June 18, 2010, the City Attorney's Office concluded it's 'criminal aspects' investigation of AEG's handling of the Michael Jackson memorial. The City Attorney's Office Bureau of Investigations spent an undisclosed sum conducting the 12 month 'criminal aspects' investigation based on rumors from TMZ before coming up with goose eggs, at which time Councilmembers Jan Perry and Dennis Zine were able to negotiate with AEG for a $1M donation to the City's General Fund, and the City Attorney's Officeholder Committee received some free tickets to a Lady GaGa performance."
Is it so easy to re-write history these days? Trutanich made a complete fool of himself and his office with his foolhardy 'criminal aspects' allegations. Perhaps, if he had kept his big mouth shut AEG would have been willing to pick up the tab a lot sooner? But AEG were most likely unwilling to consider doing anything while Trutanich was blundering around claiming to have a 'Bureau of Investigations' working 24/7 to solve the crime of the century.
The people of Los Angeles need to be reminded of the facts and monumental failure of Trutanich to run a prosecutorial agency responsibly before they further empower him to ride roughshod over the City with his bizarre ACE Program.
Interestingly, Truanich included this reference to his ACE Program with the documents containing the myth about his claim to be instrumental in the AEG $1M donation.
Los Angelenos, you've been warned.
It now seems Trutanich is trying to re-invent history and now claims to have brokered the $1M deal.
At the time both the LA Times and the LA Daily News reported that AEG had agreed to make a $1M donation to the City of Los Angeles, and credited Councilmembers Jan Perry and Dennis Zine with negotiating the settlement. There was no comment from Trutanich who after a year of investigating had nothing but the growing reputation of being a bully, thug and braggart.
The LA Daily News reporter Rick Orlov interviewed AEG's CEO Tim Leiweke, Councilmembers Perry and Zine, and City Attorney Carmen Trutanich, and reported that:
'Leiweke and AEG, which sponsored Jackson's world tour before he died, had initially refused to reimburse the city, and he [Leiweke] accused Trutanich of using bully tactics to get the company to pay. Leiweke on Friday insisted that the company agreed to pay because it was the right thing to do, not because it was legally required. In particular, he said it was the efforts by Perry and Councilman Dennis Zine that helped work out the final agreement. "I'm just glad to see this resolved," Zine said. "AEG has stepped up and is doing the right thing to resolve this." Trutanich had no comment.' Orlov said.
No comment? Nothing from the man who one year earlier basically accused AEG of 'criminal aspects?' Not even a lame claim to have somehow been involved in obtaining a donation of $1M? How very unlike the loudmouthed City Attorney not to even try to claim he was even peripherally involved.
Of course, Trutanich may have been advised to keep his big mouth shut because perhaps someone told him that his actions might be seen as using the threat of criminal proceedings to shake down a company like AEG. Doing that could see Trutanich on the wrong end of a 'criminal aspects' investigation himself, or even wearing the handcuffs he so loves to threaten to use.
So it's altogether surprising to see that Truanich is now claiming to actually have been involved in negotiating the $1M donation from AEG.
In a document entitled "Office of the City Attorney Third FSR Budget Briefing 3/23/11 FY 2010/11 Successes To Date," Trutanich now claims that:
"On June 18, 2010, the City Attorney's Office, in conjunction with Councilmember Dennis Zine, was able to negotiate a $1 million donation to the General Fund by AEG and the Estate of Michael Jackson to reimburse costs incurred by the City during the Jackson Memorial Service in July 2009."
Click here to go the City Clerk's website and then use the "Report from the City Attorney" link to download the entire document.
Of course Trutanich's report may be a little incomplete and inaccurate, perhaps it should read:
"On June 18, 2010, the City Attorney's Office concluded it's 'criminal aspects' investigation of AEG's handling of the Michael Jackson memorial. The City Attorney's Office Bureau of Investigations spent an undisclosed sum conducting the 12 month 'criminal aspects' investigation based on rumors from TMZ before coming up with goose eggs, at which time Councilmembers Jan Perry and Dennis Zine were able to negotiate with AEG for a $1M donation to the City's General Fund, and the City Attorney's Officeholder Committee received some free tickets to a Lady GaGa performance."
Is it so easy to re-write history these days? Trutanich made a complete fool of himself and his office with his foolhardy 'criminal aspects' allegations. Perhaps, if he had kept his big mouth shut AEG would have been willing to pick up the tab a lot sooner? But AEG were most likely unwilling to consider doing anything while Trutanich was blundering around claiming to have a 'Bureau of Investigations' working 24/7 to solve the crime of the century.
The people of Los Angeles need to be reminded of the facts and monumental failure of Trutanich to run a prosecutorial agency responsibly before they further empower him to ride roughshod over the City with his bizarre ACE Program.
Interestingly, Truanich included this reference to his ACE Program with the documents containing the myth about his claim to be instrumental in the AEG $1M donation.
Los Angelenos, you've been warned.
Saturday, March 26, 2011
Trutanich Oath Of Office Picture Removed From Website - ContractGate Scandal Develops
"When LA City Attorney Carmen Trutanich took office, his staff removed a handy search tool from the city attorney’s website that allowed the public to search through various city contracts,"according to FishBowl LA.
However, it seems that Trutanich's removal of the of the search tool is not the only victim of what some might say is selective website editing.
The City Attorney's website also features countless photos of Trutanich "doing the right thing" and the main page displays a rotating photo montage about the office of City Attorney, which of course has a photo of Trutanich. The current Trutanich photo (below) shows Carmen the CLown doing a "meet and greet."
"City Attorney Carmen Trutanich met with students from the Korea Daily Leadership Prep Program, a training course for 4th to 8th graders focused on developing leadership skills in public service. The City Attorney shared with them his insight on leadership, government, and politics," the caption reads.
What is interesting is the photo (below) that was recently deleted to make room for that vital "meet and greet" photo op.
Just as with the ContractGate removal, no reason was given for why any reference to Trutanich's promises to Los Angelenos was removed. However, followers of Carmen the CLown's antics will recall that Trutanich recently announced that he did not consider himself bound by his campaign pledge not to use the office of City Attorney as a political springboard to high office, to serve a full first term, and to seek a second term.
In the absence of any explanation from the CLown as to why any reminder of promises made should be forgotten, perhaps the only rational explanation it that Trutanich is running from an inconvenient TRUth about his sincerity when it comes to making pledges, promises or undertakings.
statement to the Los Angeles Times, Trutanich had no qualms about reneging on his campaign pledge when he was questioned about rumors that he will run for District Attorney in 2012, one year before his first term as City Attorney expires. Perhaps the removal of the Oath of Office photo was in preparation for the hailstorm of criticism that will greet Trutanich should he officially announce his intentions.
Interestingly, the removal of reference to promises made is not limited to the removal of Trutanich's oath of office photo. It seems that if you want to check on the other promises and pledges made by the CLown by visiting his old campaign website, www.tru09.com, you won't even find a Korean "meet and greet."
Despite the byline, "Find the TRUth," the old campaign website now hawks foreign made electronic goods like the giant flat screen tv that Trutanich had installed in his executive office.
Nice cover up, you might say. Doubtless the five candidates who have officially announced their candidacy to replace Los Angeles District Attorney Steve Cooley in 2012, will provide Los Angelenos with some reminders of the CLown's pledges, promises and oaths.
However, it seems that Trutanich's removal of the of the search tool is not the only victim of what some might say is selective website editing.
The City Attorney's website also features countless photos of Trutanich "doing the right thing" and the main page displays a rotating photo montage about the office of City Attorney, which of course has a photo of Trutanich. The current Trutanich photo (below) shows Carmen the CLown doing a "meet and greet."
![]() |
| Vital information about a Trutanich Meet & Greet with Korea Daily Leadership Prep Program informs visitors to the City Attorney website of one of CLown's core functions. |
What is interesting is the photo (below) that was recently deleted to make room for that vital "meet and greet" photo op.
![]() |
| Previously, a photo of Trutanich taking his Oath of Office reminded visitors to the City Attorney website of the CLown's promises to Los Angelenos. |
In the absence of any explanation from the CLown as to why any reminder of promises made should be forgotten, perhaps the only rational explanation it that Trutanich is running from an inconvenient TRUth about his sincerity when it comes to making pledges, promises or undertakings.
statement to the Los Angeles Times, Trutanich had no qualms about reneging on his campaign pledge when he was questioned about rumors that he will run for District Attorney in 2012, one year before his first term as City Attorney expires. Perhaps the removal of the Oath of Office photo was in preparation for the hailstorm of criticism that will greet Trutanich should he officially announce his intentions.
Interestingly, the removal of reference to promises made is not limited to the removal of Trutanich's oath of office photo. It seems that if you want to check on the other promises and pledges made by the CLown by visiting his old campaign website, www.tru09.com, you won't even find a Korean "meet and greet."
Despite the byline, "Find the TRUth," the old campaign website now hawks foreign made electronic goods like the giant flat screen tv that Trutanich had installed in his executive office.
Nice cover up, you might say. Doubtless the five candidates who have officially announced their candidacy to replace Los Angeles District Attorney Steve Cooley in 2012, will provide Los Angelenos with some reminders of the CLown's pledges, promises and oaths.
Sunday, March 20, 2011
Trutanich Transparency Questioned As ContractGate Unfolds
City Attorney Carmen Trutanich's commitment to transparency is coming under fire from sources other than TRU is False! Actions taken by Trutanich staffers to remove a search tool that allows the public to search contracts awarded by Trutanich as City Attorney were revealed last week by Fishbowl LA.
The ContractGate scandal started when the Fishbowl LA news piece was published last week. Their website posts "LA Media News, Unspooled," and it is curious that their news piece featuring a San Diego based effort called "Flashlight" (which makes information concerning contributions to politicians and the contracts that politicians award easier for the public to find) chose to use City Attorney Trutanich as the poster child for what not to do.
Fishbowl LA states that: "So long as Flashlight keeps its link index fresh, the site could prove extremely useful as a reporting tool. That said, keeping public information links fresh is not easy. For instance, when LA City Attorney Carmen Trutanich took office, his staff removed a handy search tool from the city attorney’s website that allowed the public to search through various city contracts."
Fishbowl LA's allegation appears to be partially borne out by a quick look at the City Attorney's website which has a very untidy and disorganized appearance compared to other City websites. Of course photo-ops of Trutanich feature most prominently, perhaps underlying Trutanich's main goal - self promotion. But if there is a Contract Search Tool, it is well hidden, and we could not find it.
So what is it that Trutanich is trying to make harder to find? Could there be awkward and embarrassing contracts that the City Attorney's Office has awarded?
Trutanich was known to be highly critical of his predecessor, Rocky Delgadillo, for hiring 'politicals' who engaged in fundraising and media promotion on the taxpayer dime, and removal of a contract search tool might make it harder for the public to research precisely why certain people are employed by Trutanich.
It seems that, increasingly, the media are discovering more and more reasons why Trutanich is not the person he claimed to be, and even the Los Angeles Dragnet published a story on ContractGate last week. The Dragnet has been a strong supporter of Trutanich, however, recently the Dragnet started linking to articles written here revealing less than favorable pieces about the onetime "People's Lawyer."
Whatever the reason, for someone who promised 'Transparency' prominently in his campaign and well into his administration, it seems that FishBowl LA has unearthed yet another reason to believe TRU is False!
The ContractGate scandal started when the Fishbowl LA news piece was published last week. Their website posts "LA Media News, Unspooled," and it is curious that their news piece featuring a San Diego based effort called "Flashlight" (which makes information concerning contributions to politicians and the contracts that politicians award easier for the public to find) chose to use City Attorney Trutanich as the poster child for what not to do.
Fishbowl LA states that: "So long as Flashlight keeps its link index fresh, the site could prove extremely useful as a reporting tool. That said, keeping public information links fresh is not easy. For instance, when LA City Attorney Carmen Trutanich took office, his staff removed a handy search tool from the city attorney’s website that allowed the public to search through various city contracts."
Fishbowl LA's allegation appears to be partially borne out by a quick look at the City Attorney's website which has a very untidy and disorganized appearance compared to other City websites. Of course photo-ops of Trutanich feature most prominently, perhaps underlying Trutanich's main goal - self promotion. But if there is a Contract Search Tool, it is well hidden, and we could not find it.
So what is it that Trutanich is trying to make harder to find? Could there be awkward and embarrassing contracts that the City Attorney's Office has awarded?
Trutanich was known to be highly critical of his predecessor, Rocky Delgadillo, for hiring 'politicals' who engaged in fundraising and media promotion on the taxpayer dime, and removal of a contract search tool might make it harder for the public to research precisely why certain people are employed by Trutanich.
It seems that, increasingly, the media are discovering more and more reasons why Trutanich is not the person he claimed to be, and even the Los Angeles Dragnet published a story on ContractGate last week. The Dragnet has been a strong supporter of Trutanich, however, recently the Dragnet started linking to articles written here revealing less than favorable pieces about the onetime "People's Lawyer."
Whatever the reason, for someone who promised 'Transparency' prominently in his campaign and well into his administration, it seems that FishBowl LA has unearthed yet another reason to believe TRU is False!
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