Los Angeles County Municipal Code Ch. 2.14 County Counsel

It shall be the duty of the head of each office or department to notify the county counsel in writing of each and every claim for money, damages or redress of any kind whatsoever in favor of the county, or in which the county is interested, which is uncollected after due diligence and which justifies suit for collection, to the end that suit may be filed within the time allowed by law; and it shall be the duty of the head of each office or department to transmit to the county counsel immediately any

and all pleadings or papers served upon such officer in any action or proceeding against such officer in his official capacity or against the county.

(Ord. 4099 Art. 3 § 91, 1942.)

A.

Except as otherwise provided in this section, where, in the opinion of the county counsel, the board of supervisors may legally compromise or settle any claim or suit by or against the county, or any officer thereof, the county counsel shall report to the board of supervisors the results of his investigation concerning such suit or claim, together with such recommendation for its disposition as he may have, for the information of the board of supervisors in its action.

B.

Where, after proper claim has been filed and upon investigation by the county counsel, he finds that there exists a probable liability on the part of the county of Los Angeles as to a claim or suit, and where the amount necessary to be expended in order to pay, settle or compromise such claim or suit does not exceed the sum of $20,000.00, the county counsel is authorized to pay, settle or compromise such claim or suit pending against the county of Los Angeles, or any officer or employee thereof for which the county may ultimately be liable, in an amount not exceeding $20,000.00, as to any person, firm or corporation, without the necessity of first receiving the approval of the board of supervisors.

C.

The county counsel is further authorized to settle or compromise any claim or suit of the county of Los Angeles against third parties, where he finds there exists a reasonable doubt or dispute as to the validity of said claim or suit, and where the amount claimed or prayed for does not exceed the sum of $20,000.00, without the necessity of first receiving the approval of the board of supervisors. The county counsel is authorized to execute and deliver to said third parties any and all releases, covenants not to sue, satisfactions of judgment, and any other instrument in writing necessary or advisable to be executed and delivered to said third parties in connection with the settlement of such claims or suits.

(Ord. 82-0075 § 1, 1982: Ord. 10926 § 1, 1974: Ord. 4099 Art. 3 § 92, 1942.)

Pursuant to California Government Code section 27720, et seq., this section establishes the Office of the County Hearing Officer of the County of Los Angeles, located within and administered by the Office of the County Counsel of the County of Los Angeles.

(Ord. 2024-0038 § 1, 2024.)

A.

"County" shall refer to the County of Los Angeles.

B.

"County Counsel" shall refer to the Office of the County Counsel of the County of Los Angeles.

C.

"Ex Parte Communication" means any communication between a Hearing Officer and a party or its representative in a pending administrative hearing about the subject matters of the hearing, outside of the presence of other parties or their representatives.

D.

"Hearing" shall refer to an administrative hearing or appeal under State law or the Los Angeles County Code for which a Hearing Officer may be assigned under this Chapter.

E.

"Hearing Officer" shall refer to a hearing officer appointed pursuant to this Chapter.

F.

"Office" shall refer to the Office of the County Hearing Officer of the County of Los Angeles, established under this Chapter.

(Ord. 2024-0038 § 2, 2024.)

A.

Qualifications. Any Hearing Officer appointed pursuant to this Chapter must be at a minimum, an attorney-at-law licensed to practice before the courts of the State of California for at least five (5) years prior to appointment. Hearing Officers may also be required to possess special qualifications, knowledge, or experience in order to handle specialized or complex subject matter Hearings. The County Counsel shall have authority to establish the qualification standards consistent with this paragraph, or to a greater degree, taking into consideration the needs of the County and the goal of providing high-quality administrative hearing services.

B.

Appointment. Each attorney appointed to act as a Hearing Officer under Section 2.14.030 may be required to submit proof of qualifications. The County Counsel shall have the authority to make the final selections and appointments as part of the administration of the program. Selected qualified attorneys may be appointed to a rotating panel of Hearing Officers administered by County Counsel.

C.

Assignment. Hearing Officers may be assigned on a random or rotation basis consistent with established procedures to each Hearing requiring a Hearing Officer(s). Hearing Officers assigned to handle specialized or complex subject matter may also require additional special qualifications, knowledge, or experience relevant to the subject matters of the Hearing consistent with established procedures.

(Ord. 2024-0038 § 3, 2024.)

When a State law or Los Angeles County Code provides that a Hearing be held or that findings of fact or conclusions of law be made by any County board, agency, commission, department, or committee, and except as otherwise indicated, a Hearing Officer shall have the authority to conduct a Hearing, issue subpoenas, receive evidence, administer oaths, rule on the admissibility of evidence and upon questions of law, issue decisions or recommendations, and prepare records of proceedings. Hearing Officers shall render a written decision or recommendation, including any findings or conclusions required for the decision or recommendation, in accordance with and in the time prescribed by the State law or Los Angeles County Code section applicable to the underlying subject matter of the Hearing.

(Ord. 2024-0038 § 4, 2024.)

No Hearing Officer shall knowingly participate in a Hearing under this Chapter in which the Hearing Officer is either a party to the Hearing or has an interest in the subject matter of the Hearing of such a nature that it could reasonably be expected to

influence the impartiality of the Hearing Officer's judgment in the Hearing. Hearing Officers must disclose all actual or potential conflicts of interest consistent with established procedures, and sufficiently in advance to allow reassignment of the Hearing.

(Ord. 2024-0038 § 5, 2024.)

Hearing Officers, as employees of the County, shall receive no additional compensation or benefits for services performed as Hearing Officers.

(Ord. 2024-0038 § 6, 2024.)

County Counsel shall establish appropriate rules and procedures for effective administration, including to ensure that during a Hearing an ethical wall, as authorized by law, is developed. No Hearing Officer shall knowingly participate in a Hearing under this Chapter in which the Hearing Officer currently is assigned to advise, or has been assigned to advise at any point within the 12 months preceding the Hearing. The rules and procedures are to focus on ensuring the elimination of bias, prohibiting Ex Parte Communications, and establishing an appropriate separation of work between Hearing Officers and staff to avoid any conflicts of interest. County Counsel shall also establish rules for assigning Hearing Officers, the issuance of decisions, and maintaining Hearing files, exhibits, records of Hearing proceedings, and any other procedures necessary for effective administration of the Office.

(Ord. 2024-0038 § 7, 2024.)

The County Counsel shall establish operational rules and guidelines, available to all parties concerning how hearings will be conducted. To the extent that any rule established pursuant to this Chapter conflicts with the rules in an underlying ordinance or established by departments, the rules of this Chapter apply unless otherwise preempted by State or federal law. Hearings shall be conducted, to the greatest extent possible, in an informal manner except that all testimony shall be taken under oath or affirmation. Hearings may be conducted virtually, using an acceptable format that permits participants to see and hear each other simultaneously, at the Hearing Officer's discretion. The Hearing need not be conducted according to technical rules relating to evidence and witnesses. The parties and/or their agent or attorney shall attend the Hearing and shall have the right to offer witness testimony and evidence.

(Ord. 2024-0038 § 8, 2024.)

Any local public agency may contract with the County to employ the services of the County Hearing Officer consistent with Government Code section 27725.

(Ord. 2024-0038 § 9, 2024.)

If any provision of this Chapter or the application thereof to any person, property, or circumstance, is held invalid, such invalidity shall not affect other provisions or applications of this Chapter that can be given effect without the invalid provision(s) or application, and to this end, the provisions of this Chapter are declared to be severable.

(Ord. 2024-0038 § 10, 2024.)