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Trying to Keep Agreement Private

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Mr. Harris, center, last April, after an unarmed black teenager was shot by the LAPD. Photo: Wally Skalij / Los Angeles Times

An exclusive expose and public records request by Hews Media Group-Community News related to a settlement agreement between Los Angeles-based attorney John W. Harris of Harris and Associates and the Water Replenishment District has prompted a pitched legal battle among Hews Media Group, Mr. Harris and the Water Replenishment District.

Mr. Harris is attempting to deny the Cerritos-based newspaper its lawful right, under the Freedom of Information Act, to view the settlement document.

The agreement was negotiated after an ex-employee of Mr. Harris produced documents that proved Mr. Harris fraudulently overbilled the Water Replenishment District in 2014.

We exclusively published that story Jan. 14.

Further, an additional public records request has revealed that the Water Replenishment District placed clauses in the Harris settlement agreement that directly violate relevant government codes concerning the California Public Records Act.

Our original Jan. 18 request asked for the settlement agreement between Mr. Harris and the Water Replenishment District.

The negotiation for the settlement agreement was among Mr. Harris, Replenishment President Sergio Calderon, and directors Rob Katherman and L’il Al Robles.

A subsequent letter received Jan. 29 from Replenishment District attorney Francisco Leal of Leal-Trejo indicated there were “documents responsive to HMG-CN’s request” and asked for more time to comply.

Eleven days later, in a letter dated Feb. 11, Mr. Leal denied the entire request. We found out that word of the request was communicated illegally to Mr. Harris.

Mr. Leal said that “We have received correspondence from San Diego-based attorney Nancee Schwartz representing Harris.”

Ms. Schwartz is best known for running a “drug smuggler’s diversion program” in San Diego.

Ms. Schwartz threatened to enforce the confidentiality terms of the settlement document, “given that Mr. Harris and his counsel have the ability, pursuant to Marken v. Santa Monica–Malibu Unified School District, to bring a reverse Public Records Act action to seek an order preventing disclosure. The district will not be producing responsive records at this time in order to allow the court to make its determination in this matter.”

The threatening letter from Ms. Schwartz was received by Mr. Leal on Jan. 26, eight days after we sent in the original request to the Replenishment District.

A former top employee familiar with Mr. Harris’s work at the Replenishment District recalls it as “sloppy and a gross abuse of District funds.

“We were all aware that Harris was grossly overbilling. But at the same time aware that these guys were Albert Robles’s people, just like 80 percent of the agency’s vendors.

“We all witnessed the general manager come unglued by the inept work product provided by Harris. But in front of Robles he praised the guy and acted like he didn’t have a care in the world. Quite frankly, it was humiliating to see how Albert Robles intimidated everybody on staff and those who didn’t bow to him were targeted for termination.

“About half the staff remains at WRD that were employed there only five years ago. Either they grow disgusted by the thievery of the John Harris’ of the world or they made the mistake of disagreeing with Albert Robles.”

Mr. Hews may be contacted at loscerritosnews.net

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