Reader Stan Sugarman's letter responding to LAUSD board member Julie Korenstein's statement::
Ms. Korenstein,
Thank you for your response. I must inform you that the information given to you by the School Superintendent is incomplete and incorrect. The Civic Center Act within California's Education Code does not permit businesses, or their representatives, usage of public school facilities as Home Depot wishes to do. If the permit specifically states that Home Depot, as a business, is the entity making the facility request then the permit is illegal. Therefore, the permit given to them is illegal and must be revoked. I ask that you proceed with this immediately.
For your information, the Civic Center Act is available for viewing on the Internet, as EDUCATION CODE SECTION 38130-38139 . It's web address is:
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=edc&group=38001-39000&file=38130-38139
As you read in Section 38131, you will note that it does not provide for a for-profit business to utilize public school facilities for it's own business motives. It indicates that these groups can use the facilities: citizens, parent
teacher associations, Camp Fire girls, Boy Scout troops, veterans'
organizations, farmers' organizations, school-community advisory
councils, senior citizens' organizations, clubs, and associations.
Ms. Korenstein,
Thank you for your response. I must inform you that the information given to you by the School Superintendent is incomplete and incorrect. The Civic Center Act within California's Education Code does not permit businesses, or their representatives, usage of public school facilities as Home Depot wishes to do. If the permit specifically states that Home Depot, as a business, is the entity making the facility request then the permit is illegal. Therefore, the permit given to them is illegal and must be revoked. I ask that you proceed with this immediately.
For your information, the Civic Center Act is available for viewing on the Internet, as EDUCATION CODE SECTION 38130-38139 . It's web address is:
http://www.leginfo.ca.gov/cgi
As you read in Section 38131, you will note that it does not provide for a for-profit business to utilize public school facilities for it's own business motives. It indicates that these groups can use the facilities: citizens, parent
teacher associations, Camp Fire girls, Boy Scout troops, veterans'
organizations, farmers' organizations, school-community advisory
councils, senior citizens' organizations, clubs, and associations.
Then it states that the purposes for the use is to recreate.
For reference, it states,
"38131. (a) There is a civic center at each and every public school
facility and grounds within the state where the citizens, parent
teacher associations, Camp Fire girls, Boy Scout troops, veterans'
organizations, farmers' organizations, school-community advisory
councils, senior citizens' organizations, clubs, and associations
formed for recreational, educational, political, economic, artistic,
or moral activities of the public school districts may engage in
supervised recreational activities, and where they may meet and
discuss, from time to time, as they may desire, any subjects and
questions that in their judgment pertain to the educational,
political, economic, artistic, and moral interests of the citizens of
the communities in which they reside. For purposes of this section,
"veterans' organizations" are those groups included within the
definition of that term as specified in subdivision (a) of Section
1800 of the Military and Veterans Code.
(b) The governing board of any school district may grant the use
of school facilities or grounds as a civic center upon the terms and
conditions the board deems proper, subject to the limitations,
requirements, and restrictions set forth in this article, for any of
the following purposes:
(1) Public, literary, scientific, recreational, educational, or
public agency meetings.
(2) The discussion of matters of general or public interest.
(3) The conduct of religious services for temporary periods, on a
one-time or renewable basis, by any church or religious organization
that has no suitable meeting place for the conduct of the services,
provided the governing board charges the church or religious
organization using the school facilities or grounds a fee as
specified in subdivision (d) of Section 38134.
(4) Child care or day care programs to provide supervision and
activities for children of preschool and elementary schoolage.
(5) The administration of examinations for the selection of
personnel or the instruction of precinct board members by public
agencies.
(6) Supervised recreational activities including, but not limited
to, sports league activities for youths that are arranged for and
supervised by entities, including religious organizations or
churches, and in which youths may participate regardless of religious
belief or denomination.
(7) A community youth center.
(8) A ceremony, patriotic celebration, or related educational
assembly conducted by a veterans' organization.
(9) Other purposes deemed appropriate by the governing board. "
Again, the intent of the Act is not for businesses to promote it's agenda. The intent of the act is for those groups, stated above, to "recreate", as stated in Section 38131.
Please bring this to the Superintendent's attention, and the fact that the permit for Home Depot to utilize facilities at Mt. Gleason Middle school is in violation of the Civic Center Act.
Thank you,
Stan Sugarman
For reference, it states,
"38131. (a) There is a civic center at each and every public school
facility and grounds within the state where the citizens, parent
teacher associations, Camp Fire girls, Boy Scout troops, veterans'
organizations, farmers' organizations, school-community advisory
councils, senior citizens' organizations, clubs, and associations
formed for recreational, educational, political, economic, artistic,
or moral activities of the public school districts may engage in
supervised recreational activities, and where they may meet and
discuss, from time to time, as they may desire, any subjects and
questions that in their judgment pertain to the educational,
political, economic, artistic, and moral interests of the citizens of
the communities in which they reside. For purposes of this section,
"veterans' organizations" are those groups included within the
definition of that term as specified in subdivision (a) of Section
1800 of the Military and Veterans Code.
(b) The governing board of any school district may grant the use
of school facilities or grounds as a civic center upon the terms and
conditions the board deems proper, subject to the limitations,
requirements, and restrictions set forth in this article, for any of
the following purposes:
(1) Public, literary, scientific, recreational, educational, or
public agency meetings.
(2) The discussion of matters of general or public interest.
(3) The conduct of religious services for temporary periods, on a
one-time or renewable basis, by any church or religious organization
that has no suitable meeting place for the conduct of the services,
provided the governing board charges the church or religious
organization using the school facilities or grounds a fee as
specified in subdivision (d) of Section 38134.
(4) Child care or day care programs to provide supervision and
activities for children of preschool and elementary schoolage.
(5) The administration of examinations for the selection of
personnel or the instruction of precinct board members by public
agencies.
(6) Supervised recreational activities including, but not limited
to, sports league activities for youths that are arranged for and
supervised by entities, including religious organizations or
churches, and in which youths may participate regardless of religious
belief or denomination.
(7) A community youth center.
(8) A ceremony, patriotic celebration, or related educational
assembly conducted by a veterans' organization.
(9) Other purposes deemed appropriate by the governing board. "
Again, the intent of the Act is not for businesses to promote it's agenda. The intent of the act is for those groups, stated above, to "recreate", as stated in Section 38131.
Please bring this to the Superintendent's attention, and the fact that the permit for Home Depot to utilize facilities at Mt. Gleason Middle school is in violation of the Civic Center Act.
Thank you,
Stan Sugarman
Ron Kaye is the former editor of the Los Angeles Daily News where he spent 23 years helping to make the newspaper the voice of the San Fernando Valley and fighting for a city government that serves the people and not special interests.
Twice in recent years, Los Angeles Magazine listed Kaye among the city’s most influential people, specifically in the area of politics. Kaye has been variously described in the media as the “accidental anarchist,” “the Patrick Henry of the San Fernando Valley” and a “passionate populist.” He is now committed to
carrying on his crusade for a greater Los Angeles as an ordinary citizen. Previously, Ron worked at the Los Angeles Herald Examiner,
Associated Press, Cleveland Plain Dealer and The Australian as well as papers
in Fairbanks, Alaska and Yakima, Wash. He also wrote for Newsweek magazine, The Guardian in London and the Naitonal Enquirer.
Mr Sugarman, excellent work! Let's see LAUSD wiggle out of this!
In the past, the local consultants and lawyers advising Home Depot have been an interesting part of the story: busing in "concerned citizens," suing the city, etc. You'd think they wouldn't make a mistake like this -- again. Anybody know who's on the current team?
Can the public get a copy of the application Home Depot submitted? I'd like to know who (from Home Depot or from their law firm) submitted the application and who at LAUSD gave permission, who signed off on it.
2:22, we are working on getting a copy as you will read in our official response to Ms Korenstein below (It's long). We've incorporated many of Mr Sugarman's comments as well.
Dear Ms. Korenstein,
Thank you for your response and for passing on the statement from the Superintendent's Office. In no way, does the STA or the community at large hold you personally responsible for the decision to issue the civic center permit. We do appreciate your personal concern over the impacts a Home Depot store would have on our
community and our school children.
However, after reviewing the letter that your office issued today, we would like to address those statements.
Home Depot should not be allowed to promote their For Profit business in a public school facility; the activity they will be presenting does not qualify as Non-Profit nor are they a community benefit organization. In essence, they
will be utilizing school facilities to promote their business. This intended Open House is an opportunity to advertise their business and their products, while selling the concept of their proposed store. Ultimately, this
event will be nothing more than an sales pitch. Their singular focus is to promote their For Profit warehouse store,
even though the profit would not be realized until, if and when, they open their store. The only activity advertised in their brochure is the promotion of their intent to open a building materials warehouse store in our
neighborhood.
We have throughly reviewed the LAUSD Application for Civic Center Use of School Facilities. In addition to the "nothing for sale" requirement, the following sections are relevant to the Home Depot permit application.
In the section, Request for Use of Facilities, the LAUSD permit application states, "Any form of announcement or advertisement regarding activities held on school property for non-school purposes must include the following
statement, 'This meeting is neither sponsored by nor is it in any way connected with the LAUSD'. If announcement is in printed form, statement must appear in equally large and prominent type." On Wednesday, June 11, at your request, we faxed you a copy of the brochure Home Depot mailed to the community. Hopefully, you reviewed it and noted the required disclaimer was missing. On that same day, we also faxed a copy of the same brochure to Kathy Friedman, Supervisor of the Civic Center Permit Office. Ms. Friedman said that the Home Depot would be required to do another mailing.
We feel it is necessary to see the Home Depot's completed application to see if other district requirements were complied with. On June 12, we submitted a formal written request by email to review Home Depot's completed permit application to Ms. Friedman. She responded to Mr. Barrett in a telephone conversation that our request
would be forwarded to the LAUSD legal department. To fulfill the district's efforts at fairness, neutrality and transparency, we are again requesting that the Home Depot application, permit, and any comments or
correspondence associated with that application and permit be made public immediately.
In the official reply from LAUSD, you wrote, "I wish there would have been something else we could have done."
We believe that the Home Depot should be held accountable to the rules that were in place at the time the permit was submitted for the use of a school facility. Instead, the LAUSD has chosen to change the local regulations
after issuing a permit. In response to the hundreds of community members who have expressed their outrage over Home Depot's proposed use of the school facility, LAUSD changed the wording on the permit guidelines on June 12, 2008. This action appears to favor Home Depot and does not appear to be a fair or neutral position by
LAUSD. Simply stated, up until June 11, 2008, LAUSD guidelines required a group to be a non-profit to use a district facility.
The Civic Center Act, Education Code Section 38130-38139, Section A, lists "citizens" and names specific groups
who are allowed to use a school facility. The Home Depot is a For Profit Corporation, not an individual citizen, not a singular community member, not a community group, public agency, or a non-profit community benefit
organization.
Here is the text of the Civic Center Act in its entirety (emphasis added):
"38131. (a) There is a civic center at each and every public school
facility and grounds within the state where the citizens, parent
teacher associations, Camp Fire girls, Boy Scout troops, veterans'
organizations, farmers' organizations, school-community advisory
councils, senior citizens' organizations, clubs, and associations
formed for recreational, educational, political, economic, artistic,
or moral activities of the public school districts may engage in
supervised recreational activities, and where they may meet and
discuss, from time to time, as they may desire, any subjects and
questions that in their judgment pertain to the educational,
political, economic, artistic, and moral interests of the citizens of
the communities in which they reside. For purposes of this section,
"veterans' organizations" are those groups included within the
definition of that term as specified in subdivision (a) of Section
1800 of the Military and Veterans Code.
(b) The governing board of any school district may grant the use
of school facilities or grounds as a civic center upon the terms and
conditions the board deems proper, subject to the limitations,
requirements and restrictions set forth in this article, for any of
the following purposes:
(1) Public, literary, scientific, recreational, educational, or
public agency meetings.
(2) The discussion of matters of general or public interest.
(3) The conduct of religious services for temporary periods, on a
one-time or renewable basis, by any church or religious organization
that has no suitable meeting place for the conduct of the services,
provided the governing board charges the church or religious
organization using the school facilities or grounds a fee as
specified in subdivision (d) of Section 38134.
(4) Child care or day care programs to provide supervision and
activities for children of preschool and elementary schoolage.
(5) The administration of examinations for the selection of
personnel or the instruction of precinct board members by public
agencies.
(6) Supervised recreational activities including, but not limited
to, sports league activities for youths that are arranged for and
supervised by entities, including religious organizations or
churches, and in which youths may participate regardless of religious
belief or denomination.
(7) A community youth center.
(8) A ceremony, patriotic celebration, or related educational
assembly conducted by a veterans' organization.
(9) Other purposes deemed appropriate by the governing board. "
As you read in Section 38131, you will note that it does not provide for a For-Profit Corporation to utilize public school facilities to advance it's own business goals.
Please bring our concerns to the Superintendent's attention, and the fact that the permit for Home Depot to utilize facilities at Mt. Gleason Middle School is in violation of the Civic Center Act. The Home Depot event should be
immediately canceled, and the permit revoked.
Our expectation and intention is that the LAUSD adhere to the Civic Center Act, keeping this process fair, neutral, and transparent for the public, rather than accommodating the business interests of a For-Profit Corporation. If
Home Depot desires to promote their store, a private facility would be more suitable.
Thank you for your careful review of our concerns. We look forward to your reply.
Joseph W. Barrett, President
Sunland-Tujunga Alliance, Inc.
Abby Diamond, Secretary
Sunland-Tujunga Alliance, Inc.
To 7:22 am,
The current team working on behalf of Home Depot includes Consensus Planning Group and Redgate Communications, both PR firms. Their legal counsel is Latham & Watkins and Park & Velayos LLP.
We believe that Consenus Planning is the group responsible for arranging the civic center permit.
Consesus Planning is a community relations firm run by Julie Gertler and her son, Josh, who once worked for Steve Sugerman on the DWP account at Fleishman Hillard. (I guess he didn't know anything.) Maybe Josh can ask Steve, who just cohosted a fundraiser for Jack Weiss, to get Weiss to pull some strings.
Great letter to Julie K. by Joe and Abby and great comments by Stan. The issue of the permit was clearly a "mistake." Rule changes or misinterpretations to suit the circumstances seem to happen all too frequently.
This is ridiculous. Home Depot is a multibillion dollar corporation trying to open one lousy store in a community that obviously would rather have nuclear waste storage facility. The lawyers and the consultants, who make more money the longer the dispute lasts, are tripping over themselves to assuage local activists who have gained local celebrity status by leading the fight. Nobody wants to compromise. The Israelis and Palestinians will sign a peace accord before this store opens.
Instead of using their off-the-self PR and community relations plans, and screwing up while they're at it, why doesn't Home Depot just open its wallet and throw a party for the community. Rent this nicest joint in town (there's got to be one), bring in a moderately famous country western band, open bar, lots of good barbecue, maybe a petting zoo and pony rides in the parking lot, and just let these people know they're not the devil incarnate?
Who wants to meet in school anyway? In this town, it doesn't even do the kids any good to be there.
4:11 can you enlighten us regarding your comment
"Maybe Josh can ask Steve, who just cohosted a fundraiser for Jack Weiss, to get Weiss to pull some strings" String for what?
Excellent article, Mr Sugarman. We appreciate that you took the time to support our stand.
Nina Royal
Sunland-Tujunga
Sorry, Nina, I was being sarcastic, but in this town, it's hard to know. Good luck. I understand you're the inspiration behind this movement.
Hit 'em where it hurts. Call a day, in common, to leave your kids at home in protest. Or two or one week. The schools receive a sum from the state for every child that is in attendance on a given day. They sold you out.......so turn the tables on them. The major reason HD is NOT workable in the area is the SAFETY of the kids. It is GROSS that LAUSD is doing this and a real slap in the face to the community. So make your point known and hit them in their pocket books as that seems to be the paramount issue for LAUSD.
Amazing and rather amusing Home Depot/LAUSD articles Ron, wow - you are quite the investigative journalist. Stan, you are brilliant. Everyone loves to read about conspiracy and scandal. Man ... LAUSD and Home Depot change the rules and ban together against the residents of Sunland-Tujunga! That sounds much more interesting than Home Depot communicating their plans with the Sunland-Tujunga residents. I'm just curious what this group of activists is so afraid to hear and/or see what Home Depot wants to present to the community? Could it be something that might actually benefit this community? I believe the residents are capable of drawing their own conclusions. Reading your other postings Ron, everything seems to be a scandal or conspiracy, I guess this make better news. It must be difficult to sleep at night - eh? I suppose you do not live in the Sunland-Tujunga area, as well as have never taken the time to drive through our town, but feel the desire to exercise your First Amendment rights for the best interest of our community? I do appreciate you changing your tone from "Sunland-Tujunga residents" to "Sunland-Tujunga activists", there is a big gap. Also, BTW ... it's "Sunland-Tujunga", not "Sunland-Tujanga" in the "Chutzpah Award" article. You might want to check the spelling of the town you are writing about before posting your pearls of wisdom, especially being a former journalist. But, maybe these are reasons why you were promoted to "former editor" of the Los Angeles Daily News.
Stuart, I don't think the point being made is that there is an evil conspiracy. I think the point is that a serious error was made by LAUSD when they issued the permit and it seems that LAUSD is afraid to deal with that mistake appropriately by revoking the permit. Instead it seems easier to just rewrite the relevant rule. Now given that Home Depot decided to sue LA City after LA City admitted error and overturned a decision, it's hardly surprising that LAUSD feels that capitulating to the corporate bully is easier than serving the community.
As a Sunland resident, I will certainly attend the "Open House" if it goes ahead, and I am sure the other residents of Sunland-Tujunga will turn out in force. However, as usual I doubt that any of our concerns will be heard by Home Depot and after 3 years of telling them they are not wanted here, and 3 years of being ignored it just seems like a huge waste of time. There is nothing that can magically make this proposed store a good thing for Sunland-Tujunga.
Stuart,
Home Depot is more than welcome to promote their store, as long as they obey the rules, and do it in a private location. The LAUSD has made a big mistake, they know it, and now are trying to pass on the blame.
Also, I think Stan was being very factual by citing the Civic code. I see no conspiracy line of thinking in his letter. You are the one conjuring up conspiracies by saying the opponents are afraid of something. They are just trying to have the established rules followed. Stuart, you should also do a bit of investigation before you make a post such as yours. Ron has been up here in Sunland several times, and has attended many community meetings. Have you?
Stuart typed: "I suppose you do not live in the Sunland-Tujunga area, as well as have never taken the time to drive through our town, but feel the desire to exercise your First Amendment rights for the best interest of our community?"
If I remember correctly there was a blog entry a while back where Ron Kaye wrote about attending the April public dialogue at Mt. Gleason Middle School. I figure that qualifies as taking the time to visit the area. That meeting garnered a lot of attention from people outside of the immediate community, including a number of other bloggers.
When it comes to exercising 1st Amendment rights, I figure those same bloggers are pointing out the not so subtle corners HD tries to cut, time and time again. That seems to be one constant about Home Depot Corporation - they're do and say anything to get what they want. Having the resources they do, political and financial, its a method that works for them more often than not. Ron and S-T community members and activists are just calling it the way it is.
Fran, et al:
Sorry, Ron obviously loves drama and it shows. I'm happy to hear he's come through our town, but I can assume he's not a resident. I know Stan means well, and he can pick out all the fine print he wants, but the bottom line this is as much about informing the community as it is about Home Depot in Sunland-Tujunga (which as I understand the City required of Home Depot). Home Depot heard from us at the "ST Dialogue" at Mt Gleason School, now we will hear from Home Depot. Returning to the same venue seems fair and appropriate.
I think it's important to ask yourself if dragging LAUSD into the middle of a political battle between activists and business in Sunland-Tujunga over gray-area fine print, not to mention bombarding Julie K with email and phone calls, and plastering her name all over Ron Kaye's and NHDC web sites; is this really the right thing to do? Or is this more about ego and continued heckling of Home Depot? Also, who really are the one's bullying LAUSD; is it Home Depot; or is it the Sunland-Tujunga Activists?
I don't think you wasted your time (Fran), since any effort, something is learned, opinions are discussed and challenged - which all are a good thing. However, some of this time and effort could have been used to discourage low-rent seedy businesses from moving into our town (which we have been plagued with for decades), and negotiate with those that are high rent, high tax, and very, very profitable.
See you Tues, June 24th!
When Home Depot "heard" from the community, it was a city sponsored event. That event was ordered by the City Attorney and the purpose was to gather information from local residents about their concerns, and present the findings to the Council Office.
This Open House is sponsored by Home Depot, does not qualify as a public meeting, has no presentation, and opens the floodgates for corporations and developers to use schools as if they were convention centers.
Stan did mean well and what he presented here was not fine print, nor is it a gray area. It's the Civic Center Act and it has a purpose and cannot be ignored by me, you, or Home Depot. It's about as black and white as you can get.
Home Depot is welcome to rent out a private hall to promote their business, but they cannot use public facilities to hold an Open House by mislabeling it as a public meeting.
Da rules is da rules, as they say.