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NC Plan Session III Worksheet

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  • 1. Neighborhood Council Plan Review and Reform Initiative Session III Worksheet: Department of Neighborhood Empowerment• Are there items listed under “Duties of the Department” that should be eliminated? Which ones?• Are there items that should be amended? Which ones and how?• Are there items that should be added? What are those possible additions?• Should a process in which neighborhood councils would consider candidates for appointment to the General Manager position and make recommendations to the Mayor be adopted? What should that process entail? LOS ANGELES ADMINISTRATIVE CODE CHAPTER 28 ARTICLE 1 DUTIES OF THE DEPARTMENT Sec. 22.800. Purposes.There shall be a department in the City government known as the Department of Neighborhood Empowermentwhich shall be referred to in this chapter as the “Department”. This Department shall be charged with the goal ofpromoting increased public participation in government and working to make government more responsive tolocal needs. The Department shall ensure that every part of the City is within the boundaries of a neighborhoodcouncil. The Department shall provide equal opportunity for all by enabling neighborhood groups to form neigh-borhood councils. The Department shall facilitate the delivery of City services to the neighborhoods by helping toidentify and coordinate the needs of the communities with the responsibilities of the City departments by coordi-nating and involving the relevant City staff in integrated problem-solving with the neighborhood councils. Sec. 22.801. Duties of the Department.The Department shall:(a) implement and oversee compliance with City ordinances and regulations relating to a system of neighborhoodcouncils;(b) prepare a Neighborhood Council Plan (Plan) for the creation of a system of neighborhood councils to ensurethat every part of the City is within the boundary of a neighborhood council and that each neighborhood has anopportunity to form a neighborhood council, in accordance with Section 22.809;(c) determine methods for certification of neighborhood councils;(d) assist neighborhoods in preparing petitions for recognition or certification, identifying boundaries thatminimize the division of communities and organizing themselves in accordance with the Plan;(e) help neighborhood councils to meet together on a citywide basis and facilitate these meetings if and when re-quested to do so by recognized neighborhood councils;(f) Assist neighborhood councils with the selection of their governing body and conduct the City’s portion of theoutreach effort necessary to mobilize stakeholders to vote in neighborhood council elections.(g) assist neighborhood councils to share resources, including offices, equipment and other forms of support andto communicate with constituents, other neighborhood councils and with government officials;(h) arrange training for department staff and neighborhood councils’ officers and staff, such as training in leader-ship, cultural awareness, dispute mediation, civics, communications, equipment utilization and any other trainingnecessary to achieve the goals set forth in Section 22.809;(i) arrange community empowerment education for top level City officials, including elected officials and com-missioners;(j) with the assistance of the Information Technology Agency, create and maintain an internal and external infor-mation and communication network, including a Citywide database of neighborhood organizations and similarinformation, that would be available for public use;(k) help coordinate the relationships between existing and newly created advisory committees and neighborhoodcouncils;(l) perform other duties as provided by ordinance;
  • 2. Neighborhood Council Plan Review and Reform Initiative(m) ensure that notification required in Section 22.809(f) is provided to the neighborhood councils along withsufficient committee or staff reports on the matters of interest to facilitate meaningful participation; and(n) facilitate citywide meetings to be held, on at least a semi-annual basis, of representatives of all neighborhoodcouncils.(o) ensure that neighborhood councils have adequate office and meeting space to conduct their business by facili-tating the shared utilization of City owned or leased space, coordinating the acceptance and use of donated spaceby private donors, as well as securing suitable office and meeting space on behalf of certified neighborhood coun-cils. The Department shall have the authority to execute standard short-term rental and lease agreements with aduration of one year or less for the purpose of fulfilling its obligations under this subsection, pursuant to Depart-ment of Neighborhood Empowerment guidelines.(p) review and evaluate proposed grants from neighborhood councils to nonprofit corporations and to publicschools located in the City of Los Angeles, consistent with Section 22.817 of this Code. ARTICLE 2 CONTROL AND MANAGEMENT Sec. 22.802. General Manager.The Department shall be under the control of a General Manager. Sec. 22.803. Appointment and Removal of the General Manager.The General Manager shall be appointed by the Mayor, subject to confirmation by the Council, and may be re-moved by the Mayor, as provided in Charter Section 508. Sec. 22.804. Powers and Duties of the General Manager.The powers and duties of the General Manager shall be those specified in Charter Section 510. LOS ANGELES CITY CHARTER ARTICLE VSec. 508.  Appointment and Removal of Chief Administrative Officers.     (a)     Applicability.  Subsections (a) through (e) of this section shall apply to all chief administrative officers,except the Chief of Police, the Executive Officer of the City Ethics Commission, the Executive Director of the Em-ployee Relations Board, the general managers of the Fire and Police Pensions and the Los Angeles City EmployeesRetirement System, and the general managers of the Proprietary Departments.  The following shall also be con-sidered chief administrative officers for the purposes of this section:  the Treasurer; the Executive Director of anyCity commission or agency created by ordinance that performs regulatory functions; and the executive directorof all other ordinance created commissions or agencies unless the ordinance creating the commission or agencyprovides otherwise.  The provisions of this section shall not apply to the Chief Legislative Analyst.     (b)     Appointment.  Each chief administrative officer to whom this section applies shall be appointed by theMayor, subject to confirmation by the Council.  If the Council does not disapprove the appointment within 45days after its submission to the Council, the appointment shall be deemed approved.  The Mayor may, but shallnot be required to, use the assistance of the Personnel Department in the recruitment and selection of candidatesfor appointment.  No chief administrative officer appointed under this section shall acquire any property interestin employment in that position.     (c)     Temporary Appointments.  The Mayor must fill any vacancy in the position of chief administrative officerwithin ten days of the vacancy.  The Mayor may appoint a temporary chief administrative officer for six months,which period may be extended with the consent of Council for an additional six months.  If no permanent ap-pointment has been submitted to the Council during the initial or extended period, the temporary appointmentshall be deemed submitted as a permanent appointment, and the time period for Council approval or disapprovalshall commence as of that date. (d)     Annual Review.  The Mayor shall evaluate each chief administrative officer annually.  The Mayor shall
  • 3. Neighborhood Council Plan Review and Reform Initiativeset or adjust the amount of compensation for the chief administrative officer within the guidelines established byCouncil, after recommendations concerning those guidelines have been made to the Council by the Director ofthe Office of Administrative and Research Services.     (e)     Removal.  The Mayor may remove, by written notice, the City Clerk and the Treasurer, subject to approvalby the Council.  The Mayor may remove, by written notice, all other chief administrative officers to whom thissection applies without Council confirmation.  However, those removals may be appealed to the Council in accor-dance with this subsection.  Within ten calendar days of the removal, the chief administrative officer may appealthe removal to the Council.  Within 10 Council meeting days of receipt of the appeal, the Council may reinstatethe chief administrative officer by a two-thirds vote of the Council.  Failure of the Council to reinstate the chiefadministrative officer during this time period shall constitute a denial of the appeal.     (f)     Chief Administrative Officers Appointed by a Commission. Any chief administrative officer or executivedirector that is appointed by a Commission pursuant to ordinance shall be annually reviewed by the appointingcommission.  That commission shall set or adjust the compensation for the chief administrative officer or executivedirector within the salary guidelines established by Council, after recommendations concerning those guidelineshave been made to the Council by the Director of the Office of Administrative and Research Services.  The com-mission shall forward a copy of the evaluation and salary determination to the Mayor and Council for information.Sec. 510.  Powers of Chief Administrative Officer of Department Under the Management and Control of ChiefAdministrative Officer.     Each chief administrative officer who is the head of the department shall:     (a)     have full charge and control of all work of the department;     (b)     be responsible for the proper administration of its affairs;     (c)     appoint, discharge, suspend or transfer all employees of the department, subject to the civil service provi-sions of the Charter;     (d)     issue instructions to employees in the line of their duties, all subject to the civil service provisions of theCharter;     (e)     as authorized by ordinance, assign employees of the department as are required for the carrying out of thepowers and duties of the board of commissioners, if any;     (f)     provide technical assistance and information as requested in writing by the board of commissioners of thedepartment, if any;      (g)     prior to the beginning of each fiscal year submit an annual budget covering the anticipated revenues andexpenditures of the department, including, pursuant to the instructions of the board of commissioners, if any, themoney required for the proper conduct of the board’s affairs;     (h)     expend the funds of the department in accordance with the provisions of the budget appropriations or ofappropriations made after adoption of the budget, including those appropriated for the board of commissioners,if any;     (i)     file with the board and the Mayor a written report on the work of the department on a regular basis and asrequested by the Mayor or board; and     (j)     exercise any further powers as may be conferred upon him or her.
  • 4. Neighborhood Council Plan Review and Reform Initiative Session III Worksheet: The Neighborhood Council Plan• Should the certification process be amended? How so?• Should the de-certification process be amended? How so?• Should the grievance process and complaint process be merged into a single set of procedures? If so, what should that process be?• Should remedies for grievances be enacted? If so, how should those remedies be determined and administered?• Should a comprehensive rewrite of Section 22.810 be undertaken? LOS ANGELES ADMINISTRATIVE CODE CHAPTER 28Sec. 22.809. Development of the Neighborhood Council Plan.The Department of Neighborhood Empowerment shall seek public input in its development of a Plan for a City-wide system of neighborhood councils. The Plan shall contain a statement of goals, policies and objectives of theNeighborhood Council system, and shall contain specific regulations, in draft ordinance format. These regula-tions, when adopted by ordinance, shall be sufficient to implement the Plan and shall conform with the following:(a) The regulations shall establish the method by which boundaries of neighborhood councils will be determinedbased on standards adopted by the Commission and approved by City Council. The system for determiningboundaries shall maintain neighborhood boundaries to the maximum extent feasible and may consider commu-nity planning district boundaries where appropriate.(b) The regulations must ensure that all areas of the City are given an equal opportunity to form neighborhoodcouncils.(c) The regulations shall establish the procedure and criteria for recognition or certification of neighborhoodcouncils.(d) The regulations shall not restrict the method by which the members of a neighborhood council are chosen, ifthe process otherwise satisfies the requirements of this article.(e) The regulations shall require that neighborhood councils adopt fair and open procedures for the conduct oftheir business. However, neighborhood council meetings are not all required to be held within the boundaries ofthe area represented by the neighborhood council.(f) Early Notification Procedures. The regulations shall establish procedures for receiving input from neighbor-hood councils prior to decisions by the City Council, City Council committees and boards and commissions. Theprocedures shall include, but need not be limited to, notice to neighborhood councils as soon as practical and areasonable opportunity to provide input before decisions are made. That notice shall be required for matters thatwill be considered by the City Council, City Council committees, City boards or commissionsand any other City official who is required to hold a noticed public hearing. However, failure of a neighborhoodcouncil to receive notice shall not invalidate any action of the City Council, City Council Committees, City boardsor commissions or any other City official.Sec. 22.810. Implementation of the Plan.The Department of Neighborhood Empowerment shall complete development of the Plan and present it and allnecessary regulations for a system of neighborhood councils to the Council and Mayor within one year of the es-tablishment of the department and commission. The Council shall consider the regulations and, within six monthsafter presentation of the Plan to Council, may adopt ordinances to implement the regulations as proposed or asmodified by the Council consistent with the requirements of the plan set forth above in Section 22.809. If imple-menting ordinances are not adopted within the time period set forth in Charter Section 905, then the regulationsadopted by the Board shall become effective, and to the extent not inconsistent with law shall be binding upon allCity departments and offices.Sec. 22.810.1. Regulations Implementing the Plan for a Citywide System of Neighborhood Councils (Plan).(a) Department Responsibilities. In addition to the responsibilities set forth in Article IX of the City Charter and
  • 5. Neighborhood Council Plan Review and Reform InitiativeSection 22.801 of this Code, the Department of Neighborhood Empowerment (Department) shall:(1) Assist all groups and stakeholders seeking certification so they will have an equal opportunity to form anddevelop Neighborhood Councils by:(A) Providing assistance to areas of the City with traditionally low rates of participation in government;(B) Helping communities understand the processes and procedures for establishing a Neighborhood Council;(C) Assisting with completion of certification documentation; and(D) Mitigating barriers to participation, such as the need for translation and child care services.(2) Assist neighborhoods and Neighborhood Councils with public and civic education, outreach and training withan emphasis given to areas that have traditionally low rates of participation in government.(3) Assist applicants and neighborhoods to prepare all petitions and forms referenced in the Plan, to identify suit-able Neighborhood Council boundaries, and organize Neighborhood Councils in accordance with the Plan.(4) Assist Neighborhood Councils with the selection of their governing body and conduct the City’s portion of theoutreach effort necessary to mobilize stakeholders to vote in Neighborhood Council elections.(5) Help coordinate meetings and facilitate communication among Neighborhood Councils that request assis-tance.(6) Help coordinate, arrange, and convene the biannual Congress of Neighborhood Councils meetings.(7) Promote and facilitate open communication among City agencies and Neighborhood Councils, and provideeducation, guidance and assistance in developing strategies for providing comments and feedback to the CityCouncil and its committees and City boards and commissions.(8) Provide operational support and facilitate the sharing of resources among Neighborhood Councils, including,but not limited to, meeting and office space, office equipment, and mail and communications in order to commu-nicate among constituents, Neighborhood Councils, and government officials.(9) Create and maintain a database of information about Neighborhood Councils, including, among other infor-mation, names and contact information that will be available for public use.(10) Act as an information clearinghouse and resource to Neighborhood Councils.(11) Coordinate efforts to establish and ensure continued operation of the Early Notification System as prescribedin the Plan.(12) Arrange training for Neighborhood Councils’ officers and staff.(13) Review and evaluate the Neighborhood Council System on an annual basis. As part of its annual report, theDepartment shall provide information on the size, geographic scope, and economic and demographic conditionsof areas in which Neighborhood Councils have and have not been certified.(14) Report quarterly, commencing from the adoption date of the Plan, to the appropriate Council Committee onthe Department’s certification efforts, and on strategies and recommendations for certifying areas with tradition-ally low rates of civic participation in government to ensure participation by all the City’s neighborhoods in thecertification process.(15) Provide adequate levels of staffing, with consideration to resource availability, for each Neighborhood Coun-cil.(b) Certification of Neighborhood Councils.(1) Department Responsibilities. The Department shall have the following responsibilities:(A) Announce and inform the public of the Neighborhood Council certification process Citywide.(B) Actively promote the formation of Neighborhood Councils Citywide, giving emphasis to those areas and com-munity stakeholder groups with traditionally low rates of civic participation in government.(C) Facilitate and encourage collaboration and discussion among neighboring and overlapping applicant groups.(D) Provide technical assistance on how to proceed with a unified certification application.(E) Provide dispute resolution services to applicants where more than one application is submitted for a Neighbor-hood Council boundary area to gain consensus on a unified certification application.(2) Qualification and Criteria for Neighborhood Council Certification. Any group of persons in a community may
  • 6. Neighborhood Council Plan Review and Reform Initiativeseek certification as a Neighborhood Council by presenting an application to the Department that includes thefollowing information:(A) A boundary proposal that sets forth the rationale for the boundary choice, and shows how the boundariescomply with the following Boundary Goal Criteria:(i) The proposed area has a minimum of 20,000 residents. However, areas that have fewer than 20,000 residentsmay be considered for certification providing they meet the following criteria and otherwise meet all other re-quirements of the Plan:(1) The proposed area is separated from adjacent communities by significant geographic or other features; or(2) The proposed area is identified by name within any of the adopted community plans within the City of LosAngeles; or(3) The proposed area represents an historic, identifiable neighborhood or community and includes local Cityservice providers, such as a public library, park or recreation center, fire or police station or a public school.(ii) The proposed area, to the maximum extent feasible, follows historic and contemporary community and neigh-borhood borders, utilizes natural boundaries or street lines and is geographically compact and contiguous.(iii) Neighborhood Council boundaries may not overlap with other Neighborhood Council boundaries unless thearea proposed for inclusion into each Neighborhood Council is designated for a public use, such as a park, school,library, police or fire station or major thoroughfare or contains a landmark or facility with historical significance.The application proposal for overlapping boundaries with another Neighborhood Council must include a detailedrationale for incorporating the proposed area.(B) A detailed description of the outreach process used to identify community stakeholders within the proposedNeighborhood Council boundary as well as the following:(i) Proof of the collection of no less than 200 and no more than 500 signatures from community stakeholderswithin the proposed Neighborhood Council boundaries.(ii) Signatures shall, to the maximum extent feasible, reflect the broadest array of community stakeholders whowill be active participants in the Neighborhood Council.(C) A copy of the Neighborhood Council’s approved by-laws which shall include the following:(i) The Neighborhood Council name.(ii) A statement that the Neighborhood Council membership is open to all community stakeholders.(iii) A list of the offices of its governing body and its method for regularly electing or selecting its officers who shallserve as the governing body subject to the following:(1) The governing body must, to the extent possible, reflect the diversity of the Neighborhood Council’s commu-nity stakeholders. No single stakeholder group may comprise a majority of the Neighborhood Council’s governingbody, unless approved by the Department upon a showing of extenuating circumstances.(2) Terms of members of the governing body shall be for two or four years, to be decided upon by individualNeighborhood Councils. Neighborhood Councils may limit the total number of terms that a member of the gov-erning body may serve, if the term limitations are set forth in the Neighborhood Council’s bylaws after the effectivedate of this ordinance.(3) The governing body shall include an officer named “Treasurer,” whose duties shall include, but not be limitedto, maintaining the Neighborhood Council’s book of accounts and submitting account statements to the Depart-ment no less than once but not more than three times during the fiscal year, as prescribed by the Department.(iv) A description of its meeting procedures which shall include provisions that each Neighborhood Council shalldo the following:(1) Meet at least once per calendar quarter.(2) Obey any or all applicable sections of the state’s Ralph M. Brown Act.(3) Establish procedures for communicating with all Neighborhood Council community stakeholders on a regularbasis in a manner that ensures that information is disseminated throughout and in a timely manner.(4) Adopt procedures for running meetings, including provisions that identify: the number of governing body
  • 7. Neighborhood Council Plan Review and Reform Initiativemembers that constitute a majority and a quorum; the number of votes by which a governing body may take anaction on a matter before it; the manner in which an action by the governing body can be reconsidered, if at all.(v) The method it will use to address grievances and resolve disputes by which an individual community stake-holder or group of community stakeholders of a Neighborhood Council may express concerns to their Neighbor-hood Council about its actions.(D) A description of its system of financial accountability that meets the requirements set forth in Article III, Sec-tion 2(d) of the Plan.(E) An acknowledgment and agreement that the Neighborhood Council will abide by any applicable provisions ofthe City’s Governmental Ethics Ordinance, as set forth in Los Angeles Municipal Code Section 49.5.1 et seq., andan acknowledgment and agreement that it will abide by all applicable laws of the federal, state and local govern-ment.(F) The names of no fewer than three and no more than five individuals who shall act as official contacts betweenthe applicants and the Department until the Neighborhood Council is certified.(c) Certification Process.(1) Certification. The Department will review and make an evaluation of the certification application to determinewhether the application meets all of the criteria set out in Article III, Section 2 of the Plan.(2) Department Responsibilities. Once a certification application is submitted to the Department, the Depart-ment shall evaluate the application to determine whether it is complete. After determining that an application iscomplete and that it describes a specific set of boundaries for a proposed Neighborhood Council, the Departmentshall forward the application, any accompanying information, and its recommendation to the Board of Neigh-borhood Commissioners (Commission) for consideration and notify the Neighborhood Council in writing thatthe application has been forwarded to the Commission for its consideration. The Department shall evaluate thecertification application and make a recommendation to the Commission pursuant to the procedures set forth inArticle IV of the Plan.(A) If the Department receives two or more certification applications that identify the same, similar, or overlappingNeighborhood Council boundaries, the Department shall immediately notify in writing all contacts, as requiredto be identified in Paragraph (F) of Subdivision (2) of Subsection (b) of this section and Article III, Section 2(f) ofthe Plan, for all affected applicant groups in an effort to work with applicants to produce a unified application. Theprocedures set forth in Article IV Section 2(b) of the Plan should then be followed to the maximum extent feasible.(B) If at any time during the process as described in Article IV of the Plan, the Department determines that anapplication is not complete, it shall return the application to the applicants along with a written description of themissing components required for the certification application. Applicants may thereafter at any time re-submit theapplication after amending it to meet all the necessary criteria.(C) If the Department fails to evaluate or make a recommendation on the application as set forth in Article IV, Sec-tion 2 of the Plan, the Department shall forward the application to the Commission for its consideration withoutthe Department’s recommendation.(3) Before the Commission acts on a proposed certification, the matter shall be set for a public hearing. The De-partment shall post public notices, as set forth in Article IV, Section 3 of the Plan, setting forth the time, place andpurpose of the hearing, which shall be posted within the boundaries of the proposed Neighborhood Council for 15days. The notices shall be translated in accordance with the provisions set forth in Article IV, Section 3 of the Plan.Notice of the time, place and purpose of the hearing shall also be mailed to the applicant and to the contacts identi-fied in the application as required in Paragraph (F) of Subdivision (2) of Subsection (b) of this section, within thetime frames set forth in Article IV, Section 3 of the Plan. The Commission shall act on the certification within tendays after the expiration of the 15 day posting period, unless the Commission’s regularly scheduled meeting doesnot fall within this ten day period or unless the Commission and the Neighborhood Council applicants agree toan extension of time.The Commission meeting should be conducted within the boundaries of the proposed Neighborhood Council,
  • 8. Neighborhood Council Plan Review and Reform Initiativeif feasible. In a case where two or more certification applications have identified the same, similar, or overlappingNeighborhood Council boundaries, the Commission shall make a final determination on how the final boundariesof each Neighborhood Council shall be drawn, giving consideration to the criteria set forth in Article III, Section2(a) of the Plan and any other applicable provisions of the Plan. The Commission shall either approve or disap-prove the certification application based upon the criteria set forth above in Subdivision (2) of Subsection (b) ofthis section and the criteria set forth in the Plan.(4) Appeals. If the Commission approves the application, the proposed Neighborhood Council shall be recognizedand certified as a Neighborhood Council. If the Commission disapproves the application, the applicants may ap-peal to the City Council within the time as set forth in Article IV, Section 9 of the Plan. The City Council may, byten votes, sustain, reverse or modify the Commission’s decision to disapprove a certification application.(e) Complaints Concerning Neighborhood Councils, De-Certification.(1) Complaints Concerning Neighborhood Councils. If the Department receives a complaint of a violation ofany provision of the Plan, including, but not limited to, a violation of open meeting procedures, a failure to com-ply with the diversity goals of the Plan, violations of the code of ethics, and/or violations of any election rules orprocedures promulgated by the Office of the City Clerk, the Department shall notify the Neighborhood Councilof these complaints and take steps to resolve the complaint with the Neighborhood Council. Efforts to achievecompliance with the Plan and any other applicable state and federal law and local ordinances, including but notlimited to complaints involving violation of open meeting procedures, a failure to comply with the diversity goalsof the Plan, and/or violations of the code of ethics must first be made by the Department prior to initiating an ac-tion to decertify a Neighborhood Council. For violations of any election rules or procedures promulgated by theOffice of the City Clerk the Department may, on its own, file a report with the Commission asking it to considerdecertification without a complaint with the Department having first been filed, provided that the Department hasalready taken steps with the Neighborhood Council in an effort to achieve compliance with any election rules orprocedures.(2) Involuntary De-Certification. If the Department finds that efforts taken pursuant to Subdivision (1), above,to bring the Neighborhood Council into compliance with the Plan or applicable local, state or federal laws havefailed, the Department may initiate de-certification by recommending to the Commission that the NeighborhoodCouncil be de-certified.(A) Department Responsibilities. Once the Department has determined that efforts taken pursuant to Subdivision(1), above, to bring the neighborhood into compliance with the Plan have not been successful, the Departmentmay initiate de-certification by taking the steps set forth in Article VI, Section 5 of the Plan.(B) Commission Action. Before the Commission acts on a proposed de-certification, the matter shall be set for apublic hearing. Fifteen days prior to the hearing, the Department shall post public notices within the boundariesof the proposed Neighborhood Council, stating the time, place and purpose of the hearing, as set forth in ArticleVI, Section 5(b) of the Plan. The notices shall be translated in accordance with the provisions set forth in ArticleVI, Section 5(b)(iii) of the Plan. At the same time that notices are posted pursuant to Article VI, Section 5(b) ofthe Plan, notice of the time, place and purpose of the hearing shall also be mailed to the Neighborhood Council.The Commission meeting should be conducted within the boundaries of the proposed Neighborhood Council, iffeasible. The Commission shall act on the de-certification within ten days after the expiration of the 15-day post-ing period, unless the Commission’s next regularly scheduled meeting does not fall within this ten day period orunless the Commission and the Neighborhood Council agree to an extension of time.The Commission may de-certify a Neighborhood Council based upon substantial evidence and upon a findingthat the Neighborhood Council has failed to demonstrate the willingness or ability to comply with the provisionsof the Plan or a finding that the Neighborhood Council is unwilling or unable to comply with applicable local,state and federal laws. If the Commission de-certifies a Neighborhood Council, it shall no longer be officially rec-ognized as a certified Neighborhood Council in the City of Los Angeles and shall return all City-owned resources,including unexpended City-appropriated funds, to the City within five days after the City has taken its final action
  • 9. Neighborhood Council Plan Review and Reform Initiativeto de-certify the Neighborhood Council.(C) Appeals. If the Commission de-certifies a Neighborhood Council, the Neighborhood Council may file an ap-peal pursuant to the provisions of Article VI, Section 5(f) of the Plan. The City Council may, by ten votes, sustain,reverse or modify the Commission’s decision to de-certify the Neighborhood Council.(3) Voluntary De-Certification.(A) A Neighborhood Council may file a petition with the Commission for de-certification. A de-certification ap-plication must be signed by at least 3/4 of the governing body of the Neighborhood Council seeking de-certifica-tion and must also include the following:(i) Evidence of the processes used for outreach to stakeholders and the involvement of stakeholders in the decisionto de-certify;(ii) Evidence that stakeholders in the Neighborhood Council area have been surveyed on the de-certification ap-plication;(iii) Evidence that the Neighborhood Council’s governing body has widely publicized within the NeighborhoodCouncil area the fact that there is an application for de-certification pending before the Commission in its Neigh-borhood Council area; and(iv) Evidence that the Neighborhood Council took its formal action on the de-certification after giving a 15-daypublic notice.(B) Department Responsibilities. Fifteen days prior to the hearing, the Department shall post public notices withinthe boundaries of the proposed Neighborhood Council, stating the time, place and purpose of the hearing, as setforth in Article VI, Section 6(b) of the Plan. The notices shall be translated in accordance with the provisions setforth in Article VI, Section 6(b)(iii) of the Plan. At the same time that notices are posted pursuant to Article VI,Section 6(b) of the Plan, notice of the time, place and purpose of the hearing shall also be mailed to the Neighbor-hood Council.(C) Commission Action. The Commission meeting should be conducted within the boundaries of the Neighbor-hood Council, if feasible. The Commission shall act on the de-certification within ten days after the expiration ofthe 15-day notice period, unless the Commission’s next regularly scheduled meeting does not fall within this tenday period or unless the Commission and the Neighborhood Council agree to an extension of time. The Commis-sion may de-certify a Neighborhood Council based upon a finding that the evidence set forth in Paragraph (A),above, has been shown and a finding that 3/4 of the governing body of the Neighborhood Council has consentedto the de-certification.If the Commission approves the petition, the Neighborhood Council shall be de-certified and will no longer be of-ficially recognized as a certified Neighborhood Council in the City of Los Angeles and shall return all City-ownedresources, including unexpended City-appropriated funds, to the City within five days after the City has made itsfinal decision to decertify the Neighborhood Council.(D) Appeals. If the Commission disapproves the petition, the Neighborhood Council may file an appeal pursuantto the provisions of Article VI, Section 6(f) of the Plan. The City Council may, by ten votes, sustain, reverse ormodify the Commission’s decision to deny decertification of the Neighborhood Council.(f) Early Notification System (ENS).(1) ENS Website. The Department may assist the Information Technology Agency in coordinating the develop-ment of an ENS website through which information may be made available to certified Neighborhood Councilsby the City Council, its committees, and City boards and commissions.(2) Procedures for Sharing City Information with and Receiving Comment from Neighborhood Councils.(A) Information from the City should be sent to certified Neighborhood Councils as soon as practical so that certi-fied Neighborhood Councils are afforded as much opportunity as is practical to provide comment before decisionsare made.(B) Certified Neighborhood Councils may provide comment and feedback to the City Council, its committees,and to City boards and commissions by using the ENS.
  • 10. Neighborhood Council Plan Review and Reform Initiative(C) The Neighborhood Council may communicate its views either by way of mailed letter, fax, electronic mail(e-mail), or by a representative appearing in person to make a presentation on an item before the City’s decision-makers. Should each certified Neighborhood Council be provided with an e-mail address, pursuant to Article VIIIof the Plan, the use of this e-mail address shall be strictly limited to official Neighborhood Council business, suchas communicating with Neighborhood Council members about meeting times and places and communicatingwith the City regarding matters of importance to Neighborhood Councils.Note: some sections involving topics dealt with in previous or following sessions have removed (i.e., boundary adjust-ments, elections, funding issues). Section 22.801.1 Acceptance of Donations and Gifts by the Department is no longerin effect.
  • 11. Neighborhood Council Plan Review and Reform Initiative Session III Worksheet: Board of Neighborhood Commissioners• Should a process in which neighborhood councils would consider candidates for appointment to the Board of Neighborhood Commissioners and make recommendations to the Mayor be adopted? What should that process entail?• Should the Commission be granted greater authority over the Department and neighborhood council boards? Should any additional authority be general in nature or more narrow in scope? In what specific areas, if any, should the Commission be granted greater authority?• Should the requirement that the Commission meet twice monthly be eliminated or reduced? LOS ANGELES ADMINISTRATIVE CODE CHAPTER 28 Sec. 22.805. Board of Neighborhood Commissioners.(a) The Board of Neighborhood Commissioners shall consist of seven board members and be referred to in thischapter as the “Board” or the “Commission”.(b) The Board shall be comprised of seven members all of whom shall represent the City in its entirety. The mem-bers shall reflect the diverse geographic areas of the City, whereby the appointed Board members shall each be aresident or worker within one of the seven Area Planning Commission regions, and reflect the diversity of com-munities of interest, neighborhoods, ethnicity, race, gender, age, homeowner and renter status, and sexual orienta-tion. The Mayor is encouraged to consider current and former members of neighborhood councils in appointingthe Board members.(c) The Board members shall be appointed by the Mayor and confirmed by the Council and may be removed bythe Mayor and vacancies filled in accordance with the provisions of the City Charter. Sec. 22.806. Powers and Duties of the Board.The Board shall be responsible for setting and overseeing policy, approving contracts and leases and promulgatingrules and regulations. It shall not be responsible for the day-to-day management of the Department. Sec. 22.807. Conflict of Interest.Members of the Board and Board nominees shall be subject to all ethics and conflict of interest laws and regula-tions applicable to governing boards and commissions in the City of Los Angeles. Sec. 22.808. Organization and Meetings of the Board.(a) The Board shall adopt rules of order and appoint from among its members a president and vice-president whoeach shall hold office for one year or until their successors are elected, unless their respective membership on theBoard ceases sooner. The Board shall hold regular public meetings at least twice each month and may hold meet-ings more often if necessary to conduct business. All meetings shall be noticed and held in accordance with law.Members of the Board shall be paid $50 per meeting for each meeting of the Board attended, not to exceed $250in any one calendar month.(b) At least four members shall constitute a quorum, but a smaller number may adjourn from time to time untila quorum is present. The Board may establish a committee or committees composed of three of its members toconsider matters for, to conduct hearings on behalf of, and make recommendations to the board on matters relat-ing to neighborhood empowerment.(c) The powers conferred on the Board shall be exercised by order or resolution adopted by a majority of its mem-bers and recorded in the Board’s minutes.
  • 12. Agenda Item 10bj/-/{)fi EDUCATION & NEIGHBORHOODS MOTION When a stakeholder files a complaint against the actiones) taken by a Neighborhood Council, there is no system-wide standardized process for handling that grievance. Furthermore, processes that do exist are established by the Neighborhood Council against which a grievance is filed, which leads many stakeholders to question the validity of Neighborhood Council actions when it comes to controversial issues. In those circumstances, it is critical for the integrity of the Neighborhood Council system that the complaints be handled swiftly, transparently and fairly. I THEREFORE MOVE that the Council DIRECT the Department of Neighborhood Empowerment, the City Attorney, City Administrative Officer and Chief Legislative Analyst to report back to Council in 90 days with a plan for the implementation of a system of regional complaint panels composed of board members of various Neighborhood Councils from similar regions that will convene to address stakeholder and board member grievances as-needed, and at the request of the General Manager for the Department of Neighborhood Empowerment. The report should consider guidelines for panel selection, implementation and range of authority. Presented by: ~ J~(tvv»> / . f //) ,I . L" n !:--); 0()--tU- ~ PAUL KREKOluAN Councilmember, 2nd District Seconded by: ---4-~~Z...~------

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