When flames broke out in the Pacific palisades on January 7, the mayor of Los Angeles, Karen Bass, was more than 7,000 miles, in a diplomatic mission in Africa.
The bass came home shortly after and were in transit for almost 24 hours while the fire ravaged the palisades and the surrounding communities.
She and her office said that she was in constant communication during this period. But it is impossible to know exactly what she communicated, because her messages were not saved, according to a city lawyer.
“His phone is defined not to record text messages,” said lawyer David Michaelson.
Michaelson said that there was “no obligation that an official or an employee of the city records text messages”, despite the fact that the city Document retention policies Dictate that most recordings should be kept for at least two years.
Under the law of the State, “any writing” linked to the conduct of the government is considered a public file. On January 10, Times filed a request for public files for all text messages sent or received by the mayor when it was in transit on January 7 or January 8 which mentions the response to the fire or its travel plans.
The bass was criticized to be outside the country when the fire broke out in the middle of a historically dry winter and forecasts of hurricane winds.
Almost two months later, Thursday, the Bass office said that it had “no responsive file”, without indicating if it retained files or reasons not to produce the files.
Friday, answering Times’ questions, Michaelson said that Bass’s phone automatically deletes text messages and has for at least two years.
The Los Angeles Administrative Code, article 12.3 (b) (6) (6), dictates that most of the files “will be preserved for a minimum of two years, unless a shorter period is otherwise authorized by law or a longer period is otherwise required by law, or unless, in accordance with the state law, a different retention period is established by order or resolution of the council.”
Michaelson argued that article 12.3 (b) (6) does not apply to texts, based on a public prosecutor’s opinion from 1981, long before text messages became a common way of communication.
“As the Attorney General does, a file that must be preserved is made in order to provide a future reference,” wrote Michaelson in an email. “Texts are ephemeral types of electronic communication, to use words from the Supreme Court, which offer” ephemeral thoughts and random information “which provide” ease and immediacy “. The texts are not intended to provide a future reference to the author or the recipient and even less a public file. »»
The decision of the Supreme Court quoted by Michaelson, however, judged that the text messages of San José officials on personal phones were public files which were to be disclosed if they were linked to government affairs. The State Act on the State of the State has no specific provisions for the retention of documents.
The legal director of the coalition of the first amendment, David Loy, disagreed with the interpretation of Michaelson and argued that the texts should be kept.
“Yes, the text can be considered ephemeral, just like emails,” said Loy. “But by reading the clear language of the Los An Administrative Code
Kelly Aviles, lawyer and expert in public archives who represented the Times in unrelated litigation, said that the explanation proposed by Bass lawyer is imperfect.
A mayor cannot determine what is or is not a public file based on the device used, said Aviles, adding that such a logic would invite civil servants to delete emails and voice messages which they consider to be “ephemeral”.
Under the law on state public files, Aviles said: “It is the content of communication, not the communication method, which is important. If this concerns the conduct of public affairs, it is a public dossier disclosed. »»
“The idea they think they can delete what they want, when they wish, is not at all in accordance with the law,” she said.
Aviles also challenged Michaelson’s quotes from the city code.
“The city code does not prevail over the law of the state,” said Aviles. “The fact that they have an inaccurate understanding of what the law of the state requires does not help them.”
In response to requests for public files, other agencies and civil servants have published a multitude of files from the first days of the fire. California Law dictates the publication of this type of file, unless there is a specific exemption.
Bass left Accra, Ghana, around 9 p.m. on January 7, or at 1 p.m., Los Angeles time, as the fire rose, traveling the first step in a military plane, where she was able to make phone calls and communicate by SMS and E-mail.
Early the next morning, she climbed a commercial flight at Washington International Airport Dulles and could only have communicated by e-mail and SMS before arriving at Los Angeles International Airport at 11:24 am on January 8, according to her rating and flight records.
Bass said she was on the phone throughout Accra’s military flight to Dulles, and her staff said she was actively involved in decision -making abroad. She also communicated by SMS during this stage of her trip, according to at least one official.
The supervisor of the County of Los Angeles, Kathryn Barger, said on January 8 that she had sent sms with Bass at night before until 10:30 p.m., Los Angeles time, which would have meant that they sent SMS while Bass stole from Africa to Washington, DC
“Believe me, she is very engaged. Very committed, ”said Barger, whose district includes the Eaton fire zone on January 8 of Bass and its texts.
In response to a request for Times public files, the Lindsey Horvath supervisor’s office published an exchange of SMS between her and Bass.
At 11:50 am, Los Angeles time on January 7, Horvath, whose district includes the Pacific palisades, the bass sent by SMS.
“Growing hands over the fire of the palisades. I understand that our County fire department supports the city and our emergency management office was also in contact with city staff. Do you need additional help / support? Everything you want to put on our radar for the moment? Horvath wrote Bass in a text message that Horvath’s office provided in response to a request for public files of the time.
Bass responded at 1:07 p.m. Los Angeles time, or just after 9 p.m. Ghana time, when she would have returned home.
“Thank you for asking, I think we are good – I will call you in the morning,” wrote Bass.
The staff editor David Zahnis has contributed to this report.
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